Section 504 Information

NOTICE OF PARENT/STUDENT RIGHTS UNDER SECTION 504

The Rehabilitation Act of 1973, commonly referred to as “Section 504”, is a non-discrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to nondisabled students.

An eligible student under Section 504 is a student who has, or has a record of having, or is regarded as having, a physical or mental impairment which substantially limits one or more major life activities such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks.

Dual Eligibility: Some students will be eligible for education services under both Section 504 and the Individual with Disabilities Education Act (IDEA). Students who are eligible under the IDEA have many specific rights that are not available to students who are eligible solely under Section 504. Procedural Safeguards (Due process procedures for parents and children) prepared by the Office of the Superintendent of Public Instruction is available through the District's Special Education Department and sets out the rights assured by the IDEA. It is the purpose of this Notice form to set out the rights assured by Section 504 to those disabled students who do not qualify under the IDEA.

The enabling regulations for Section 504 as set out in 34 C.F.R. Part 104 provide parents/and students with the following rights.

You have the right to be informed by the District of your rights under Section 504. (The purpose of this
Notice form is to advise you of those rights.) (34 C.F.R. 104.32.)
Your child has the right to a free appropriate education designed to meet his/her individual needs as
appropriately as the needs of non-disabled students are met. (34 C.F.R. 104.33)
Your child has the right to free educational services except for those fees that are imposed on
non-disabled students or their parents. 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)
Your child has a right to facilities, services, and activities that are comparable to those provided for
non-disabled students. (34 C.F.R. 104.34)
Your child has a right to placement in the least restrictive environment. (34 C.F.R. 104.34.)
Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent
significant change in placement. (34 C.F.R. 104.35.)
Testing and other evaluation procedures must conform to the requirements (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 condition,
social and cultural background, adaptive behavior, physical or medical reports, student grades, progress
reports, parent observations, and anecdotal reports. (34 C.F.R. 104.35.)
Placement decisions must be made by a group of persons (i.e., Student Intervention Team and/or Central
Office 504 Committee), including persons knowledgeable about your child, the meaning of the
evaluation data, the placement options, and the legal requirements for least restrictive environment and
comparable facilities. (34 C.F.R. 104.35.)
If eligible under Section 504, your child has a right to periodic reevaluations, generally every three years.
(34 C.F.R. 104.36.)
You have the right to examine relevant records. (34 C.F.R 104. 36.)
You have a right to notice of any action by the District in regard to the identification, evaluation, or
placement of your child. (34 C.F.R 104.36.)
You have a right to an impartial hearing with respect to the District's actions regarding your child's
identification, evaluation, or educational placement, with opportunity for parental participation in the
hearing and representation by an attorney. (34 C.F.R 104.36.)
If you disagree with the decision of the impartial hearing officer, you have a right to review of that
decision by a court of competent jurisdiction. (34 C.F.R 104.36.)
On Section 504 matters other than your child's identification, evaluation, and placement, you have a
right to file a discrimination complaint with the District's Equity and Compliance Office, who will
investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach
a prompt and equitable resolution.
You have the right to file a complaint with the Office for Civil Rights.

Name: Derek Muharem	Name: Michelle Fortuna
Position: Title IX Coordinator	Position: 504 Coordinator
Phone Number: 203-758-4421	Phone Number: 203-758-6671
Email: [email protected]	Email: [email protected]

1 Equal educational benefits and opportunities does not mean the “same” benefits and/or opportunities.

Parent Rights Page: (Revised 10-18-23)

Section 504 Procedural Safeguards Notice

Regional School District 16 does not discriminate on the basis of race, color, religion, sex, age, national origin, or disability in admission, access, treatment, or employment in its programs, services, and activities. Applicants, students, parents/guardians, employees, referral agencies, and all organizations holding agreements with the District are hereby notified of this policy. Any person with concerns regarding the District's compliance with the regulations implementing Title VI, Title IX, Section 504 or the Americans with Disabilities Act is directed to contact:

Name: Derek Muharem
Position: Title IX Coordinator
Phone Number: 203-758-4421
Email: [email protected]

This document summarizes the procedural protections and rights you have as the parent of a student who may qualify for accommodations or services under Section 504 and the ADA.

INTRODUCTION. Section 504 of the 1973 Rehabilitation Act, along with the Americans with Disabilities Act, requires that the school district may not discriminate against students with disabilities. Accordingly, the district has adopted policies and procedures to ensure that discrimination does not take place. In the rest of this document, we will refer to these laws as "Section 504."

IDEA ELIGIBILITY. Many students who meet the definition of an “individual with a disability” under Section 504/ADA also qualify for services under the Individuals with Disabilities Education Act (IDEA). This document does not address these students or their parents. Such students are served pursuant to the requirements of the IDEA. The rest of this document addresses only the rights of parents of students who satisfy the definition of an individual with a disability under Section 504 but do not qualify under IDEA.

AN APPROPRIATE EDUCATION. If it is determined that your child meets the definition of an "individual with a disability" under Section 504, then your child will be entitled to a free and appropriate public education. This means that your child's education will be designed to meet his/her individual educational needs as adequately as the needs of nondisabled students are met. A "free" public education means that no fees will be imposed on you except for the same fees that are imposed on parents of nondisabled students. However, insurance companies and other third parties that are obligated to provide or pay for services to your child are still obligated to do so.

NOTICE. You have the right to be notified by the district prior to any action that would identify your child as having a
disability, evaluate your child for services under Section 504, or place your child in a program based on a disability.

EVALUATION. Prior to conducting an evaluation of your child for purposes of services under Section 504, the district will seek your informed written consent. An evaluation will not be conducted unless you give consent. However, school officials may review existing records, test scores, grades, teacher reports, and recommendations and other such information without your consent to the same extent they would do so for nondisabled students.

If an evaluation is conducted, the school will make sure that

All testing and other evaluation procedures are validated for the specific purpose for which they are used;
They are administered by trained personnel in conformity with the instructions provided by the producer;
They include tests and other evaluation materials designed to assess specific areas of educational need and not
merely those designed to elicit a general IQ score; and
Tests are selected and administered to best ensure that they accurately measure what the test seeks to measure, rather than any sensory, speaking, or manual impairments the student may have (except when the test is designed to measure sensory, speaking, or manual skills)

An evaluation that satisfies these requirements will be conducted prior to your child's initial placement and conducted or reviewed prior to any subsequent significant change in placement.

If your child is identified as an individual with a disability under Section 504, the school will periodically reevaluate your child as appropriate.

PLACEMENT. If your child is identified as an individual with a disability under Section 504, placement decisions about your child will be made by the school's 504 Team, who, are knowledgeable about your child, the meaning of the evaluation data, and the placement options. You will be invited to participate in any meeting of the 504 Team if your child's placement and/or services are to be discussed. The 504 Team will also ensure that your child is placed in the "least restrictive environment."

LEAST RESTRICTIVE ENVIRONMENT. If your child is identified as an individual with a disability under Section 504, your child will be placed and served in the "least restrictive environment." This means that your child will be served with nondisabled students in the regular education environment to the maximum extent appropriate. Prior to removing your child from the regular education environment due to his/her disability, the school will consider the use of supplementary aids and services. Your child will be removed from the regular education environment only if he/she cannot be served satisfactorily in that environment, even when supplementary aids and services are provided.

If it becomes necessary to serve your child in an alternate setting due to disability, the school will take into account the proximity of the alternate setting to your home.

EXAMINATION OF RECORDS. You have the right to see and examine any educational records that pertain to your child or are relevant in serving your child.

HEARINGS. If you disagree with a decision of the 504 Team regarding the identification, evaluation, or educational
placement of your child you have the right to an impartial hearing. You have the right to participate in such a hearing and to be represented by a person of your choice, including an attorney.

If you wish to request a hearing, you must make a written request for a hearing within 30 calendar days from the time you receive the written notice of the decision of the 504 Team. Your request for a hearing must be filed with the district's Section 504 Coordinator.

Upon receipt of a timely request for a hearing, the district will notify you of the date, time, and location of the hearing. If you disagree with the decision of the hearing officer, you have the right to a review of that decision by a court a competent jurisdiction.

OTHER COMPLAINTS. You also have the right to file a complaint with the district's Section 504 Coordinator pertaining to harassment, retaliation or discrimination against your child in ways that do not involve your child's identification, evaluation, or educational placement.

Name: Michelle Fortuna
Position: 504 Coordinator
Phone Number: 203-758-6671
Email: [email protected]

OFFICE FOR CIVIL RIGHTS. You also have the right to file a complaint with the United States Office for Civil Rights. 504 Notice 03 20150424