Notice of Parent and Student Rights (Section 504 of the Rehabilitation Act of 1973)
Section 504 of the Rehabilitation Act (“Section 504”) is a federal civil rights law (not an education law) passed by the U.S. Congress in 1973 that prohibits entities receiving federal financial assistance from discriminating against individuals on the basis of disability. In addition, the law requires that public elementary and secondary schools provide a free and appropriate public education (“FAPE”), which may include accommodations and related services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of a nondisabled student are met and are based upon adherence to evaluation, placement and procedural safeguard requirements.
The U.S. Department of Education Office for Civil Rights (“OCR”) enforces the law. Both the education and legal systems have increasingly focused attention on Section 504 requirements to ensure that education systems do not discriminate on the basis of a disability and do provide qualified disabled students equal access to public education programs and activities.
For specific details regarding referral, eligibility and equal access the district programs and activities, parents are encouraged and invited to contact the school principal who serves as the Section 504 representative for the school their child attends. At each school, the responsibility for ensuring Section 504 compliance rests with the building principal. The Section 504 Coordinator coordinates the district's compliance with Section 504. If additional information is needed, the Section 504 Coordinator can be contacted at 913.721.2088.
Disabled Students Have the Right To:
- take part in and receive benefits from the school district’s programs and activities without discrimination because of a disability.
- receive a free and appropriate public education, which may include the provision of specific accommodations (i.e. modification of the district’s polices and/or procedures), related services and/or specially designed instruction if required to meet individual educational needs as adequately as the needs of nondisabled students are met.
- be educated with nondisabled students to the maximum extent appropriate and in facilities which are comparable to those provided to students without disabilities.
- have evaluations, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options.
- have transportation provided to and from an alternate placement setting at no greater cost to the student’s parents than would be incurred if the student were placed in a program operated by the district.
Parents of Disabled Students Have The Right To:
- have notice of their rights under federal law.
- receive notice with respect to identification, evaluations or placement of their student.
- examine all relevant records relating to decisions or actions regarding their student’s identification, evaluations, services and/or placement.
- file a complaint related to decisions or actions by the district:
Kansas Office for Civil Rights
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106
Telephone: (816) 268-0550
E-mail address: email@example.com
- request an impartial due process hearing regarding their student’s identification, evaluations, educational program or placement. The parent and the student may take part in the hearing and have an attorney represent them, at their cost. Hearing requests must be made to the district ADA/Section 504 Coordinator listed below.
- file a grievance to address issues not eligible for an impartial due process hearing which cannot be resolved at the building level. The grievance procedure may also be used to address identification, evaluation or placement issues, if parents desire. The Grievance Form is to be completed and sent to the Section 504 Coordinator within five (5) school days of the decision being appealed. The review by the Section 504 Coordinator may include a meeting with the student and/or parent(s), meetings with schools staff, as appropriate, and a review of the file and supporting documentation. Based on this review, the Section 504 Coordinator will make a determination in writing to grant or deny the appeal. The determination will be issued promptly.
Section 504 prohibits retaliation because an individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing section 504.