6-120AP1-E1 Instruction
(Acrobat File)
     
  Exhibit - Notice to Parents/Guardians Regarding Section 504 Rights
On District letterhead
Date:
Dear Parent/Guardian:
Re:       Section 504 Rights
The Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a nondiscrimination statute enacted by the U.S. Congress.  The Act’s purpose is to  (1) protect the rights of individuals with disabilities in programs and activities that receive federal assistance from the U.S. Dept of Education (ED) and (2)  assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students.
An eligible student under Section 504 is a student who:  has a record of having, or is regarded as having, a physical or mental impairment which substantially limits a major life as defined by 34 C.F.R. §104.3
This notice describes the rights assured by Section 504 to those disabled students who do not qualify under IDEA.  The intent of this notice is to keep you fully informed concerning decisions about your student and to inform you of your rights if you disagree with any decisions in reference to Section 504.
Please keep this explanation for future reference.
Parents/Guardians and/or students have the right to:
  1. Be informed by the School District of your rights and procedural safeguards under Section 504 in an understandable language. 34 C.F.R. Parts 104 and 300.  The purpose of this notice is to advise parents/guardians and/or students of these rights.  23 Ill.Admin.Code §§226.500, 510 and 610.
  2. An appropriate education designed to meet a student’s individual educational needs as adequately as the needs of non-disabled students are met. 34 C.F.R. §104.33.
  3. Free educational services except for those fees that are imposed on non-disabled students or their parents/guardians.  Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 C.F.R. §104.33.and 300.14; 23Ill. Admin Code §22.240.
  4. A placement in the least restrictive environment.  34 C.F.R. §104.34.
  5. Facilities, services, and activities that are comparable to those provided for non-disabled students.  34 C.F.R. §104.34.
  6. An evaluation prior to an initial Section 504 placement and any subsequent significant change in placement.  34 C.F.R. §104.34.
  7. Testing and other evaluation procedures conforming to the requirements of 34 C.F.R. §104.35 as to validation, administration, areas of evaluation, etc.  The District shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical conditions, social and cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent/guardian observations, anecdotal reports and standardized test scores.  34 C.F.R. §104.35, 23Ill. Admin Code §226.110.
  8. Placement decisions made by a group of persons, i.e., a Section 504 committee, including the parent(s)/guardian(s) persons knowledgeable about the student, the meaning of the evaluation data, the placement options and the legal requirements for the least restrictive environment and comparable facilities.  34 C.F.R. §104.34 and§104.35.
  9. Periodic reevaluations.  34 C.F.R. §104.35.
  10. A notice prior to any action by the District in regard to the identification, evaluation, or placement of the student.  34 C.F.R. §104.36.
  11. Examine relevant records.  34 C.F.R. §104.36.
  12. An impartial due process hearing regarding the student’s identification, evaluation or educational placement including an opportunity for parental participation in the hearing and representation by an attorney.  34 C.F.R. §104.36.
  13. You must file a written Parental Request for an Impartial Due Process Hearing with the District Section 504 compliance coordinator or designee.  If you disagree with the decision of the Section 504 committee.  The request must be submitted to the District Section 504 compliance coordinator within 10 calendar days from the time you received the written notice of the District’s Section 504 committee decision.  The  Parental Request for an Impartial Due Process Hearing Officer, is designed to assist parents in requesting an impartial due process hearing and is available online at:       www.isbe.state.il.us/spec-ed/pdfs/dp_parental_19-86a.pdf. The hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing.  The hearing will conform to the requirements of 34 C.F.R. §300.512 and Section 14-8.02a of The School Code (105 ILCS 5/14-8.02a.).  34 C.F.R. §104.36; 23 Ill.Admin.Code §226.625.  The impartial hearing officer shall issue a written decision, including findings of fact and conclusions of law, within 10 days after the conclusion of the hearing and send by certified mail a copy of the decision to the parents/guardians or student (if the student requests the hearing), the School District, the Director of Special Education, legal representatives of the parties, and the State Board of Education. 105 ILCS 5/14-8.02a(h).
  14. A review by a court of competent jurisdiction of the impartial hearing officer’s decision.  34 C.F.R. §104.36.  Any appeal must be filed in a court of competent jurisdiction within 120 days after the impartial due process hearing officer’s decision is mailed to the party.  105 ILCS 5/14-8.02a(i).
  15. File a complaint with the District’s Section 504 coordinator or designee concerning Section 504 matters other than your student’s identification, evaluation and/or placement.  The Section 504 coordinator or designee will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.
  16. File a complaint with the Office of Civil Rights.  The Illinois regional Office of Civil Rights is located in Chicago at:

Chicago Office for Civil Rights
U.S. Department of Education
Citigroup Center
500 West Madison Street, Suite 1475
Chicago, IL  60661
Phone:       312/730-1560
Fax:           312/730-1567
TDD:         877/521-2172
Email:        OCR.Chicago@ed.gov

If you would like more information about the differences between Section 504 and IDEA, see Protecting Students with Disabilities FAQ about Section 504 and the Education of Children with Disabilities, available at www2.ed.gov//about/offices/list/ocr/504faq.html.
Sincerely,
Superintendent

 

Reviewed: February 11, 2013
Adopted: February 01, 2010
Revisions Adopted:  February 25, 2013