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Section 504 and A.D.A.
Section 504 & ADA (Americans with Disabilities Act)
Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination against qualifying individuals with a disability in any program receiving federal assistance.
Section 504 Responsibilities
Battle Ground Public Schools has a responsibility to ensure that no otherwise-qualified individual with disabilities shall solely, by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.
Qualified Student Under 504
- Must have a physical or mental impairment which substantially limits a major life activity (e.g., learning, mobility).
- Experiences difficulty learning as compared to the average student in national population.
- Experience significant health limitations which must be accommodated in order for the student to attend school
- Physical or mental impairment includes, but is not limited to, the following conditions:
- Attention deficit hyperactive disorder
- Cerebral palsy
- Emotional illness
- Hearing impairments
- Heart disease
- Human immunodeficiency virus
- Multiple sclerosis
- Muscular dystrophy
- Orthopedic impairments
- Visual impairments
Eligibility and placement decisions must be made by a group of persons 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.
Referrals should be made to your child’s principal or other building designee.
Link to Parent and Student Rights
Notice of Parent and Student Rights
Under Section 504 of the Rehabilitation Act of 1973
The Rehabilitation Act of 1973, commonly referred to as "Section 504," is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to ensure that disabled students have educational opportunities and benefits equal to those provided to nondisabled students.
The enabling regulations for Section 504 of the Rehabilitation Act of 1973 provide parents and/or students with the following rights:
1. You have a right to be informed by the school district of your rights under Section 504. (The purpose of this notice form is to advise you of those rights.)
2. Your child has the right to take part in, and receive benefits from public education programs without discrimination on the basis of disability.
3. Your child has a right to placement in the least restrictive environment. This includes the right to be educated with non-disabled peers to the maximum extent appropriate.
4. Your child has a right to facilities, services, and activities that are comparable to those provided for non-disabled students. This includes nonacademic and school-related extracurricular activities.
5. Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent significant change in placement.
6. Testing and other evaluation procedures must conform to the requirements of Section 504. 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.
7. Placement decisions must be made by a group of persons (i.e., the Section 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.
8. If eligible under Section 504, your child has a right to periodic re-evaluations, generally every three years.
9. You have the right to notice prior to any action by the district in regard to the identification evaluation or placement of your child.
10.You have the right to examine relevant records relating to decisions regarding your child's identification, evaluation, educational program and placement. You also have a right to obtain copies at a reasonable cost unless fees would deny you access to the records.
11.You have the right to request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this right to amend, you will be notified in a reasonable amount of time and advised of your right to a hearing.
12.You have the right to request mediation or impartial hearing with respect to the district's actions regarding your child's identification, evaluation, or educational placement with opportunity to parental participation in the hearing and representation by an attorney.
13.If you wish to challenge the actions of the district's Section 504 Committee in regard to your child's identification, evaluation, or educational placement, you should file a written Notice of Appeal with the district's 504 Coordinator within 30 calendar days from the time you receive written notice of the 504 Committee's action(s). The address of the district's 504 Coordinator is:
Battle Ground Public Schools
P.O. Box 200, Battle Ground, WA 98604
Phone: (360) 885-5318
14.You have the right to an impartial hearing to resolve disputes and the right to representation at your own expense and arrangement at the hearing. If you disagree with the decision of the impartial hearing officer, you have a right to a review of that decision by a court of competent jurisdiction.
15.On Section 504 matters other than your child's identification, evaluation, and placement, you have a right to file a complaint with the district's Section 504 Coordinator (or designee), 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.
16.You also have a right to file a complaint with the Office of Civil Rights. The address of the Regional Office is:
Gary Jackson, Director
Office for Civil Rights, Seattle Office
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
Phone (206) 220-7900
FAX (206) 220-7887
TDD (206) 220-7907