Section 504

Notice of Parent/Student Rights and Procedural Safeguards under
Section 504 of the Rehabilitation Act of 1973
 

Section 504 is a federal law that prohibits discrimination against persons with disabilities. Section 504 applies to the school because it receives federal funds. Under this law, you as the parent or guardian of a student who has or is suspected to have a disability have the following rights. 

  1. Your child can take part in, and receive benefits from, public education programs without discrimination based on disability.
  2. The school (district) must advise you of your rights under federal law and that is the purpose of this form.
  3. You have the right to receive notice about the evaluation, identification or placement of your child. Your child is entitled to receive an evaluation prior to an initial placement and any subsequent significant changes in placement. You must provide consent for the initial evaluation or the school (district) may not proceed with an evaluation.
  4. Your child has the right to receive a free appropriate public education.  This includes the right to be educated with students without disabilities to the maximum extent appropriate.  It also includes the right to receive regular and/or special education and related aids and services that are designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met.
  5. Your child has the right to a free education except for those fees which are charged to students without disabilities.
  6. Your child has the right to receive services and be educated in facilities which are comparable to those provided to students without disabilities.
  7. Your child has the right to have evaluation, educational, and placement decisions made based on a variety of information sources, and by persons who know the student and who are knowledgeable about the evaluation data and placement options.
  8. Your child has the right to have an equal opportunity to participate in nonacademic and extracurricular activities offered by the school (district).
  9. You have the right to examine your student’s educational records and obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records. 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.
  10. You have the right to request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification as a student with a disability, evaluation, or educational program and to be represented by an attorney that you hire in the hearing process. The school district may also request a hearing on matters of identification, evaluation, or educational program for your child. You or the school district has the right to appeal an adverse decision to a hearing review officer within 20 school days of the receipt of the written decision by the hearing officer. The school (district) will appoint a hearing officer and a hearing review officer if necessary at the school’s (district’s) expense. It will also provide for the recording of testimony and evidence in the hearing and if applicable, in the review process.
  11. You have the right to file a local grievance with the school (district) Section 504 Coordinator. Neither the local grievance procedure nor the hearing procedure prevents a student or parent from filing a complaint with the Office for Civil Rights (OCR) or in federal court.

Filing a complaint with outside agencies or court.

There may be specific timelines for filing a complaint that may affect your rights. You should review those timelines immediately to protect your rights. This Notice is not intended to be legal advice or a substitute for legal advice. To file a complaint with the Office for Civil Rights (OCR) your letter or complaint should be  addressed:

“ATTN: OCR Regional Manager, Office for Civil Rights, U.S. Department of Health and Human Services, 233 N. Michigan Ave., Suite 240, Chicago, IL 60601.”
The OCR may be reached at: Voice Phone: (312-886-2359) Fax: (312-886-1807) TDD: (312-353-5693). A complaint may also be filed at  ocr@ed.gov. For more information on filing a complaint, visit www.ed.gov/ocr.

Grades PreK-5 Section 504 Coordinator is Josie Loll.  The Coordinator is responsible for assuring that the District complies with Section 504 and may be reached by calling 507-562-6207; address: 1401 7th Street SW Pipestone, Minnesota, 56164. 

Grades 6-12 Section 504 Coordinator is Kaysee Slaba.  The Coordinator is responsible for assuring that the District complies with Section 504 and may be reached by calling (507)562-6111; address: 1401 7th Street SW Pipestone, Minnesota, 56164. 

Cross Reference:
Booth Law Group (2015)

Understanding Section 504 – A Guide for Parents and Staff

Section 504 of the Rehabilitation Act of 1973 ensures that students with disabilities have equal access to education.  It provides accommodations and services to meet the unique needs of eligible students, allowing them to fully participate in school programs.

What is Section 504?

Section 504 is a federal civil rights law that protects students with disabilities from discrimination.  It requires schools to provide accommodations that help these students access their education and succeed alongside their peers.

How is Eligibility Determined?

Eligibility under Section 504 is based on whether a student has physical or mental impairment that substantially limits one or more major life activities, such as learning, concentrating, or walking. The process typically involves:

  1. Referral: A teacher, parent, or other school staff member refers a student for evaluation if they suspect the student may need accommodations.
  2. Evaluation: The school gathers information about the student’s needs through various methods, such as teacher reports, medical documentation, and academic performance.
  3. Eligibility Determination: A team reviews the evaluation results to decide if the student qualifies for a 504 Plan.

Who Makes Up the Eligibility Team?

The eligibility team is made up of individuals who know the student and understand their needs.  This team typically includes the principal, teachers, school nurse, school counselor, Dean of Students, and school social worker.  Together the team collaborates to review the evaluation, determine eligibility, and develop a plan if needed. 

What is a 504 Plan?

A 504 Plan outlines specific accommodations and services tailored to the student’s needs.  These may include things like extended time on tests, preferential seating, or access to assistive technology. The goal is to remove barriers so the student can succeed in the classroom.

If you have questions about Section 504 or think you students may need accommodations, please reach out to Kaysee Slaba (grades 6-12) at 507-562-6111, or Josie Loll (grades PreK-5) at 507-562-6207.

We are here to support all students in reaching their full potential!

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