Uinta County School District #1

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Section 504 Information

PROCEDURAL SAFEGUARDS
Uinta County School District #1
P.O. Box 6002
Evanston WY  82931-6002
(307) 789-7571
 
SECTION 504, THE REHABILITATION ACT OF 1973

The Rehabilitation Act of 1973, commonly referred to as Section 504, is a federal nondiscrimination statute.  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 a record of having, is regarded as having, or has a physical or mental impairment which substantially limits a major life activity (such as learning, self-care, walking, seeing, hearing, speaking, breathing, working and performing manual tasks) or a major bodily function (such functions include immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions).
 
The purpose of this Notice is to describe the procedural rights afforded to eligible students by Section 504.  The federal regulations for Section 504, 34 CFR Part 104, entitle eligible students to the following rights:
  1. Your student has the right to an appropriate education designed to meet his/her individual education needs as adequately as the needs of nondisabled students are met.  34 C.F.R §104.33.
  2. Your student has the right to free educational services except those fees that are imposed on nondisabled students or their parents.  Insurers and similar third parties are not relieved from otherwise valid obligation to provide or pay for services provided to a disabled student. 34 C.F.R. §104.33.
  3. Your student has a right to placement in the least restrictive environment, including participation in nonacademic settings to the maximum extent appropriate to the meet the needs of your student.  34 C.F.R. §104.34.
  4. Your student has a right to facilities, services and activities that are comparable to those provided to nondisabled students. 34 C.F.R. §104.34.
  5. Your student has the right to an equal opportunity to participate in nonacademic and extracurricular services and activities that are offered to nondisabled students.  34 C.F.R. §104.37.
  6. Your student has a right to an evaluation prior to an initial Section 504 placement and any subsequent change in placement.  34 C.F.R. §104.35.
  7. Testing and other evaluation procedures must conform to the requirements of 34 C.F.R. §104.35 as to validation, administration, areas of evaluation, etc.  The school 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, anecdotal reports, and assessment scores.  34 C.F.R. §104.35.
  8. Placement decisions must be made by a group of persons (i.e., Section 504 team), including persons knowledgeable about your student, 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.
  9. If eligible under Section 504, your student has a right to periodic reevaluations, generally every three (3) years.  34 C.F.R. §104.35.
  10. You have the right to notice prior to any action by the school district in regard to the identification, evaluation, or placement of your student. 34 C.F.R. §104.36.
  11. You have the right to examine relevant records.  34 C.F.R §104.36.
  12. You have the right to an impartial hearing to challenge the school district’s actions regarding your student’s identification, evaluation, or education placement, including the opportunity for parental participation in the hearing and representation by an attorney.  34 C.F.R. §104.36.
  13. 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. 34 C.F.R. 104.36.
  14. You also have a right to file a complaint with the Office of Civil Rights.  The address of the regional office with jurisdiction over Wyoming is:
Office of Civil Rights, Denver Office
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
(303) 844-5695
Denver@edu.gov
 
   15. You may seek reimbursement for attorney fees.