Section 504 Information

504 Coordinators:

This individual is responsible for the day-to-day implementation of 504 plans within a specific school. This includes developing, monitoring, and reviewing 504 plans in collaboration with teachers, parents, and students. The 504 coordinators at Kasson-Mantorville are the following:

Elementary School: Jackson Hull

Middle School: Jesse Torres and James Verlautz

High School: Kelly Braun

District 504 Coordinator:

This person is responsible for ensuring the school district complies with all aspects of Section 504, including preventing discrimination based on disability and maintaining appropriate procedures.

District Social Worker: Alicia Snow

A parent guide to section 504 is designed to give parents a short overview of Section 504 of the Rehabilitation Act of 1973. While Section 504 defines the equal access requirements for both students and employees, this publication will focus on students. This information has been organized around questions parents frequently ask when trying to understand this civil rights statute. Please note that when working with disabled students, Section 504 serves the same purpose as the ADA (Americans with Disabilities Act). Consequently, this publication focuses solely on Section 504.

What is Section 504?

Section 504 of the Rehabilitation Act of 1973 is Congress’s directive to schools receiving any federal funding to eliminate discrimination based on disability from all aspects of school operation. Since Kasson-Mantorville Schools receives federal dollars, it is required to provide eligible disabled students with equal access to services, programs, and activities offered by the district. Section 504 is a civil rights statute and not a special education statute. Therefore, it is the responsibility of regular education staff and building administration to implement those practices and procedures necessary for a school to fulfill the requirements of this law. It is also important to understand that schools receive no additional funding to implement Section 504 accommodations. At each school, the responsibility for ensuring Section 504 compliance rests with the building principal or principal’s designee.

What criteria are used to determine if a student is eligible for a Section 504 plan?

Like other students, those students with a disability, as defined by Section 504, are entitled to a free appropriate public education. An appropriate education for a Section 504 disabled student requires the provision of specific accommodations and related services in order to meet the needs of the student. Section 504 focuses on ensuring a level of access to educational services and the learning process for qualified disabled students that is equal to that given to non-disabled students.

Students eligible for Section 504 accommodation plans must meet three criteria. The three criteria are (I) A mental or physical impairment, (II) which substantially limits, (III) one or more major life activities. It is important to understand that all three criteria must be present for a student to be eligible for a Section 504 accommodation plan. Equally important, this disability must be why the student cannot equally access or receive benefit from the school’s programs and services. Here is additional information on each of the three criteria.

Mental or physical impairment:

This includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Additionally, this can include any mental or psychological disorder. This criterion does not limit eligibility to specific diseases or categories of medical conditions. The law was intentionally written this way to avoid limiting the range of diseases or medical conditions that might be considered for Section 504 eligibility.

Substantially limits:

Section 504 does not specifically define the term “substantially limits.” The basis for evaluating this criterion is the impact a disability has on one or more of a student’s major life activities. It is vital to understand that for a student to qualify for Section 504, the impairment must impose a considerable limitation on one or more major life activities. The eligibility team will consider the nature and severity of the disability as well as how long the disability is expected to last. Simply having a condition or disability does not automatically qualify a student for Section 504 protection. The condition must present a barrier to the student’s ability to access the same educational opportunities as a non-disabled student.

Major life activities:

Major life activities include such things as: seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, working, breathing, learning, reading, communicating, thinking, concentrating, caring for oneself, and performing manual tasks. The operation of major bodily functions (e.g., the functions of the immune system, normal cell growth, and digestive, bowel, bladder, respiratory, circulatory, endocrine, neurological, brain, and reproductive functioning)

count as major life activities. Please note that this list of major life activities is exhaustive.

How is a Section 504 request made?

A parent, guardian, teacher, counselor, related service provider, other school staff, administrator, or community agency can initiate a section 504 student referral for Section 504 eligibility. The request must be submitted in writing to the 504 coordinator at the designated school building where the student resides. It is a good idea to discuss the appropriateness of a 504 Plan with your child’s teacher, counselor, building 504 coordinator, or principal before a referral is made as there are a number of intervention strategies that can be used with students. By discussing your concerns with one of these people, it can be determined if a 504 evaluation will best support your student’s needs. Once a referral is made, a team meeting with school staff and family will take place to determine if the student will be evaluated.

What process is used in determining if a student is eligible for a Section 504 plan?

Once a 504 student referral is received, the designated school 504 Coordinator will contact the caregiver to explain Section 504, legal rights, and the evaluation process. Parents/guardians must provide consent for the initial evaluation, which typically takes 30 school days to complete. During this time, the 504 team gathers information to determine eligibility.

A 504 meeting will be scheduled to review the evaluation and decide eligibility by answering three key questions:

Does the student have a physical or mental impairment?
Does the impairment significantly impact major life activities?
If yes to the above, does the student need a plan to ensure reasonable access and prevent discrimination?

The eligibility team must include individuals knowledgeable about the student’s needs, relevant data, and accommodation options. This team may include parents/guardians, teachers, counselors, related service providers, administrators, and community agency staff. Parents/guardians should participate whenever possible.

The team’s main task is to assess how the impairment affects the student’s access to educational programs and activities. Although less comprehensive than special education evaluations, the team investigates the specific concern that prompted the referral. They consider information such as medical documentation, academic records, attendance, behavior plans, interviews with parents and students, teacher observations, cumulative files, psychological evaluations, and standardized tests. Additional formal or informal assessments may also be used as needed to determine eligibility.

How are 504 accommodations and related services documented and reviewed?

If the eligibility team determines that a student has a Section 504 disability, the team’s second responsibility is to identify the specific accommodations or services that will support equal access. Documentation of these accommodations is done in a Section 504 Accommodation Plan. This plan provides a summary of the accommodations that a student requires to gain equal access to the learning process and/or District programs, activities, and services. The Section 504 Accommodation Plan is reviewed annually and students are re-evaluated every three years.

What is meant by the word “accommodation”? Where will the accommodations occur?

Section 504 requires that a student with an eligible disability be educated with students who do not have disabilities to the maximum extent appropriate. This is referred to as educating the student in the least restrictive environment. Implementation of most Section 504 Plans occurs in the regular classroom. Accommodations generally are those minor adjustments to things like seating arrangements, lesson presentation, assignments, and other facets of the learning environment that provide the student with equal access to learning opportunities. An example might be moving the student to a position in the room that best supports their ability to focus on schoolwork. Accommodations might involve the use of such things as special visual aids, large print, or using video recordings. Allowing a student additional time to complete a specific kind of task is also an accommodation.

There are countless accommodations that can support a student’s equal access to educational opportunities. It is the job of the eligibility team to identify those accommodations that will support the needs of a given student resulting from the identified impairment. Please keep in mind that each school will include accommodations that it has the ability to accomplish based on what the school offers to all students and resources available to implement its programs and services. This means that accommodations will be designed differently at different schools and at different levels (elementary, middle, high school).

What rights do parents (and students) have under Section 504?

In compliance with the procedural requirements of Section 504 of the Rehabilitation Act of 1973, hereinafter Section 504, the following Notice of Parent/Student Rights: Section 504 of the Rehabilitation Act of 1973 shall be utilized in 0204: Kasson-Mantorville Schools.

This document is provided to ensure that you are aware of the regulations regarding the identification, evaluation or placement under Section 504 that may pertain to your child. Should you have any questions, contact the Section 504 coordinator. As the parents/guardians, you may also meet with the Superintendent and/or the local school board to resolve any objections to the identification, evaluation or educational placement of your child.

Section 504 is enforced by the U. S. Department of Education, Office for Civil Rights (OCR). If you need information about Section 504, the contact information is as follows:

Office for Civil Rights, Chicago Office

U.S. Department of Education

John C. Kluczynski Federal Building

230 S. Dearborn Street, 37th Floor

Chicago, Illinois 60604

(312) 730-1560

FAX: (312) 730-1576

Email: OCR.Chicago@ed.gov

The following is a description of some of the rights granted by this federal law pertaining to students with disabilities who are subject to identification, evaluation or placement under Section 504. (See 34 C.F.R. § 104 for a full compilation of regulations.)

Your child is entitled to take part in and receive benefits from public education programs or activities without discrimination because of his or her disability. 34 C.F.R. §104.21
Your child is entitled to receive a free appropriate public education regardless of the nature or severity of his or her disability. 34 C.F.R. § 104.33(a)
Your child is entitled to receive regular or special education and related aids and services that are designed to meet his or her individual educational needs as adequately as the needs of students without disabilities. 34 C.F.R. § 104.33(b)
D. Your child is entitled to receive free educational services except for those fees that are imposed on students without disabilities or their parents. 34 C.F.R. § 104.33(c)
Your child is entitled to be educated with students without disabilities to the maximum extent appropriate to the needs of your child. 34 C.F.R. § 104.34(a)
Your child is entitled to be educated in facilities and receive services and activities comparable to those provided to students without disabilities. 34 C.F.R. § 104.34(b)(c)
Your child is entitled to an evaluation prior to an initial placement and any subsequent significant change in placement. 34 C.F.R. § 104.35(a)
Your child is entitled to be evaluated and tested with procedures in accordance with regulations pertaining to evaluation procedures. 34 C.F.R. §104.34(b)
Your child is entitled to have evaluation data and placement decisions based upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. 34 C.F.R. § 104.35(c)(1)
Your child is entitled to have interpretation of data and placement decisions based on evaluation procedures that ensure information is obtained from a variety of documented and carefully considered sources. 34 C.F.R.§ 104.35(b)(c)(2)
Your child is entitled to have placement decisions made by persons knowledgeable about your child, the meaning of evaluation data, and placement options. 34 C.F.R. § 104.35 (c)(3)
Your child is entitled to periodic evaluations. 34 C.F.R. § 104.35(d)
Your child is entitled to an equal opportunity to participate in nonacademic and extracurricular activities offered by the school district. 34 C.F.R. § 104.37
You are entitled to notice prior to any action by the district pertaining to the identification, evaluation, or placement of your child. 34 C.F.R. § 104.36
You are entitled to examine relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement. 34 C.F.R. § 104.36
You are entitled to request an impartial hearing and an appeal of any decisions or actions taken by the school district regarding your child's identification, evaluation, educational program, or placement. The school district will bear the costs for these due process procedures. You and your child may take part in these proceedings and have an attorney represent you. The following details the procedures:
1. If you disagree with the identification, evaluation, educational placement, or with the provisions of a free appropriate public education for your child, you may make a request for a hearing to the superintendent or the Section 504 coordinator, indicating the specific reason(s) for the request. Upon receipt of the request, the superintendent shall appoint the hearing officer.
2. The school district may initiate a hearing regarding the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student. The school district shall notify you of the specific reason(s) for the request.
3. The school district shall conduct hearings within twenty (20) instructional days after it receives the request, unless the hearing officer grants an extension, and at a time and place reasonably convenient to you.
You are entitled to request a review (appeal) of the hearing, should you not prevail. The following details the procedure:
1. You or any party to the hearing may petition to review (appeal) the decision of the hearing officer. The request must specify the objections and be filed with the superintendent and the opposing party within twenty (20) instructional days of the date the hearing officer's decision is received. The school district must appoint an independent appeals officer to conduct an impartial review of the record as a whole. The officer may, at his/her election, conduct the review with or without oral argument. Such review shall be conducted within twenty (20) instructional days of the receipt of the petition to review, unless either party requests an extension of time.
2. The appeals officer shall ensure that a transcript of the review is prepared and made available to any party upon request.
3. Any party disagreeing with the decision of the appeals officer may appeal to a civil court with jurisdiction.
4. A parent/guardian represented by legal counsel during the proceedings of a due process hearing, appeal, or civil action may be entitled to reimbursement of legal fees if the parent ultimately prevails.
0204: Kasson-Mantorville Schools will make appropriate arrangements to ensure that disabled persons are provided accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. The Section 504 Coordinator will be responsible for such arrangements.
This procedure does not deny the right of the grievant to file a formal complaint in federal court or with the U.S. Department of Education. Changes in the law, including timelines for filing a complaint, may affect your rights.

The person in this school district who is responsible for assuring that the school district is in compliance with Section 504 is the District 504 Coordinator.

Grievance Procedure

Step 1
The grievant must submit a signed, written Statement of Complaint to the District 504 Coordinator. The Statement of Complaint must fully set out the circumstances giving rise to the alleged complaint and include a statement of the relief sought by the grievant. The Statement of Complaint shall be filed within thirty (30) calendar days of the alleged violation. A Statement of Complaint filed beyond thirty (30) calendar days of the alleged violation may not be considered.

Step 2
The District 504 Coordinator will conduct an investigation of the allegation(s). The parent, student, employee or third party against whom the complaint is alleged will be given full and fair opportunity to present evidence, including witnesses, relevant to the issues raised in the complaint. The investigation will be completed and a written report of findings and recommendations shall be given to the grievant within thirty (30) calendar days of receipt of the Statement of Complaint. If the District 504 Coordinator is the subject of the written complaint, the Superintendent will appoint an impartial investigator who will conduct the investigation.

Step 3
If the complaint is not satisfactorily resolved following Step 2, an appeal may be made in writing to the Superintendent of Schools within five (5) calendar days after receipt of the written findings and recommendations. The Superintendent will review the written findings and recommendations in light of the issues raised by the grievant, and provide the grievant a written decision within ten (10) working days following receipt of the appeal.

This procedure does not deny the right of the grievant to file a formal complaint at any time in federal court or with the Minnesota Department of Human Rights or the U.S. Department of Education. Changes in the law, including timelines for filing a complaint, may affect your rights.

Office for Civil Rights, Chicago Office (Region V)

U. S. Department of Education

500 W. Madison Street Suite 1475

Chicago, Illinois 60661