Section 504

Section 504 is an Act, which prohibits discrimination against persons with a disability in any program receiving Federal financial assistance. The Act defines a person with a disability as anyone who:

1. has a mental or physical impairment which substantially limits one or more major life activities (major life activities such caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating);
2. has a record of such an impairment; or
3. is regarded as having such an impairment.

To fulfill its obligation under Section 504, the Charles County Public Schools recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in the school system.

The school system has specific responsibilities under the Act, which include the responsibility to identify, evaluate, and if the child is determined to be eligible under Section 504, to afford access to appropriate educational services.

If there are questions, please feel free to contact the Section 504 Coordinator of Charles County Public Schools, at 301-932-6610, extension 7510.

SUMMARY OF PARENT/STUDENT RIGHTS IN INDENTIFICATION, EVALUATION AND PLACEMENT

(Section 504 of the Rehabilitation Act of 1973)
Please keep this explanation for future reference.

The following is a description of the rights granted by federal law to students with 504 disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

You have the right to:

1. have your child take part in, and receive benefits from, public education programs without discrimination because of his/her disabled condition.
2. have the school system advise you of your rights under federal law.
3. receive notice with respect to identification, evaluation, or placement of your child.
4. have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school related activities.
5. have your child receive services comparable to those provided non-disabled students.
6. have evaluation, 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.
7. have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the system, if Charles County Public Schools has determined an alternate placement is an appropriate accommodation.
8. have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered.
9. examine all relevant records relating to decisions regarding your child’s identification, evaluation, education program and placement.
10. obtain copies of education records at a reasonable cost unless the fee would effectively deny you access to the records.
11. 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 system refuses this request for amendment, it will notify you within a reasonable time and advise you of the right to a hearing.
12. request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, education program and placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to the 504 Coordinator.

Section 504 Coordinator is the person in the system who is responsible for assuring the Charles County Public Schools complies with the Section 504, please contact Student Services for more information 301-932-6610, extension 7510.

504 parental rights

A student with a disability should be considered for eligibility under Section 504 if he/she:

• has a physical or mental impairment which substantially limits one or more major life activities
• has a record of such an impairment; or
• is regarded as having such an impairment.

Having a diagnosis of a condition or disability does not automatically qualify a student as eligible under Section 504. Parents or guardians who feel a student may meet the criteria for Section 504 eligibility may request a meeting through their school-based 504 Facilitator.

Physical or mental impairments include major bodily functions and mental or psychological disorders. Examples of common “impairments” found in 504 Plans are ADHD, diabetes, allergies, and asthma.

An impairment as used in Section 504 may include any disability, long-term illness, or various disorders that “substantially” reduces or lessens a student’s ability to access educational opportunities in the school setting because of a learning-, behavior-, or health-related condition.

Major life activities include, but are not limited to self-care, manual tasks, walking, seeing, speaking, standing, sitting, lifting, bending, thinking, reading, learning, breathing, concentrating, interacting with others, working, etc. Conditions that are episodic or in remission are also now covered if they create a substantial limitation in one or major life activity while they are active. Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504.

Substantially limits are not defined in the federal regulations; however, in a letter from the Office of Civil Rights (OCR), they state that “this is a determination to be made by each local school district and depends on the nature and severity of the person’s disabling condition.” In considering substantial limitations, students must be measured against their same age, non-disabled peers in the general population and without benefit of medication or other mitigating measures such as learned behavioral or adaptive neurological modifications, assistive technology or accommodations.

Each student’s needs are determined individually. Determination of what is appropriate is based on the nature of the disabling condition and what that student needs to have an equal opportunity to compete when compared to the non-disabled. There is no guarantee of As or Bs or even that the student will not fail. Students are still expected to produce. The goal of education for all students, with or without disabilities, is to give students the knowledge and compensatory skills they will need to become functional and productive citizens.

Students under Section 504 are still expected to follow the CCPS Code of Stu- dent Conduct. However, when disciplining a student under Section 504, schools must consider the relationship between the disability and the misbehavior if the student is going to be re- moved from the regular setting for more than 10 days. This does not mean that a student with a disability cannot be sent to an alternative placement or that they cannot go to in-school suspension or be suspended from school. Your school or district 504 Coordinator can assist you in this area should you have additional questions.