Reviewed: March 11, 2024

SECTION 504 POLICY

I. PURPOSE

The purpose of this policy is to prohibit discrimination against students with disabilities and students who need regular or special education and related aids and services in order to receive a free appropriate public education as required by Section 504 of the Rehabilitation Act of 1973.

II. GENERAL STATEMENT OF POLICY

Section 504 prohibits discrimination based on an individual’s disability in any program receiving federal financial assistance. Section 504 of the Rehabilitation Act of 1973 provides that “no qualified person with a disability shall, on the basis of a disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance”.

A student is disabled under the definition of Section 504 if he or she:

1. has a physical or mental impairment, which substantially limits one or more of such person’s major life activities (Examples of “major life activities” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, and thinking. “Major life activities also includes the operation of major bodily functions, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulator, endocrine, or reproductive functions.)
2. has a record of such an impairment; or
3. Is regarded as having such an impairment.

The District recognizes its responsibility to identify and evaluate learners who, within the intent of Section 504, need special accommodations or program change to ensure that the students are provided a free appropriate public education.

The District will provide notice to learners’ parents, employees, bargaining organizations, and community members that it does not discriminate on the basis of disability.

The District will make facilities, programs, and activities accessible, usable, and open to persons with disabilities.

The District will develop and publish grievance procedures that provide prompt resolution of complaints of discrimination based on disability.

The District will designate an employee who will have the responsibility to coordinate the District’s efforts under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and to give overall direction in adhering to this Policy.

Every employee of the School District will be expected to support the implementation of this Policy.

III. NON-DISCRIMINATION

1. Section 504 Coordinators
   1. The School Board designates Emily Rustman, the Director of Special Services, as Section 504 Coordinator, Educational Service Center, 5901 Sunnyfield Road E., Minnetrista, Minnesota 55364, (952) 491-8031.
2. Notice of Nondiscrimination: Notice that the school district does not discriminate on the basis of disability will be provided to participants, beneficiaries, including learners and parents or guardians and applicants, employees, unions, and professional organizations.
   1. The notice must include a statement of nondiscrimination by the District regarding admission or access to, or treatment or employment in, its programs and activities and shall name the Section 504 Coordinator.
   2. The notice is included on recruitment materials and publications containing general information.
3. Dispute Resolution and Grievance/Hearing Procedures: Disputes regarding 504 services or procedures can be resolved in a number of ways. Each method of dispute resolution listed below is an alternative option for the resolution of disputes and need not be used in any particular sequence. Parents/guardians and students are encouraged to resolve complaints at the local or building level first, but may choose any option for dispute resolution.
   • 504 Team: A student's 504 team may address 504 disputes, and may include the District's Section 504 Coordinator.
   • Mediation: A trained, neutral, third party mediator may be obtained to address 504 disputes.
   • Grievance Procedures: Grievance procedures incorporate appropriate due process standards and provide for the prompt and fair resolution of complaints. See Section D below.
   • Impartial hearing system: The school district has a hearing system that includes an impartial hearing to resolve disputes regarding the identification, evaluation or educational placement of learners with disabilities. See Section D. below.
4. Procedures for Filing a Grievance and for Section 504 Hearings
   1. The grievance procedures for alleging violations under Section 504 are as follows:
      • Step 1: The grievance must be in writing and must be signed by the person making the complaint. A grievant may present the grievance orally to the Section 504 Coordinator and the Coordinator will assist the grievant to reduce the complaint to writing. Persons who wish to make a complaint regarding a disability discrimination matter may use the accompanying Student Disability Discrimination Grievance Report Form. The grievance should be submitted within thirty (30) calendar days. A grievance that is submitted beyond thirty (30) calendar days may not be considered. The Section 504 Coordinator will promptly attempt to resolve the matter among the affected parties. The Section 504 Coordinator will investigate the grievance by obtaining information from student/parents and teachers as necessary and will reply in writing to the grievant within thirty (30) days of completing the investigation.
      • Step 2: If the grievant wishes to appeal the decision of the District Section 504 Coordinator, the grievant may submit a signed statement of appeal to the Superintendent of Schools within five (5) school days after receipt of the District Section 504 Coordinator’s response. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing to the grievant within thirty (30) days of the completion of the meeting.
   2. Complaint to the OCR or Minnesota Department of Human Rights: At any point in the grievance procedure, a parent or student may file a complaint with state or federal agencies.
      • Federal agency: Office for Civil Rights (OCR) U.S. Department of Health and Human Services 233 N. Michigan Ave., Suite 240 Chicago, IL 60601 Voice Phone: (312) 886-2359 FAX: (312) 886-1807 TDD: (312) 353-5693
      • State agency: Minnesota Department of Human Rights Freeman Building 625 Robert Street North St. Paul, MN 55155 TOLL FREE: (800) 657-3705, FAX: (651) 296-9042, TTY: (651) 296-1283, EMAIL: info.MDHR@state.mn.us, www.humanrights.state.mn.us/intake.html
   3. Hearing: For complaints involving the District’s identification, evaluation, or educational placement under Section 504 of a student, the parent and student have the right to an impartial hearing with the opportunity for parental participation and representation by an attorney. Parents/guardians have an opportunity to participate in the hearing; be represented by counsel; examine relevant records; and seek a review of the decision, including judicial review. These rights are explained further in the Notice of Procedural Safeguards.

IV. IDENTIFICATION, EVALUATION AND PLACEMENT

1. Identification of Students with Disabilities: The School District is required annually to take appropriate steps to identify and locate every student living in the jurisdiction of the school district who may be eligible for accommodations under Section 504.
2. Annual Notice to Students with Disabilities: The school district is required annually to take appropriate steps to notify all students with disabilities and their parents or guardians of the school district’s duty under Section 504.
3. Evaluation and Placement
   1. Evaluation: Section 504 requires schools to conduct an evaluation of a learner before the child’s initial placement and before any subsequent significant change of educational placement under Section 504. The school district will provide parental notice and obtain parental permission prior to conducting an initial evaluation for any learner under Section 504.
4. Evaluation procedures.
   1. Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;
   2. Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and
   3. Tests are selected and administered so as best to ensure that, when a test isadministered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).
5. Placement procedures: In interpreting evaluation data and in making placement decisions, the school district must:
   1. Draw upon information from a variety of sources including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior;
   2. Establish procedures to ensure that information obtained from all such assessment data is documented and carefully considered;
   3. Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the assessment data, and the placement options; and
   4. Ensure that the placement decision is made in conformity with the law.
6. Re-evaluation
   1. Periodic re-evaluation of students who have been provided a 504 plan is required.
   2. A re-evaluation procedure consistent with the Individuals with Disabilities Education Act (IDEA) is one means of meeting this requirement. Otherwise, students will be re-evaluated when necessary or once per school year when requested by a parent or guardian.

V. NON-ACADEMIC SERVICES

1. The school district shall provide non-academic and extracurricular services and activities in a manner that affords students with disabilities an equal opportunity to participate in such services and activities.
2. Non-academic services may include counseling groups, physical recreational athletics, transportation, health services, special interest groups or clubs sponsored by the school district, referrals to agencies that assist persons with disabilities and employment opportunities.
3. When providing physical education and athletics, the school district shall not discriminate on the basis of handicap. The school district shall provide qualified students with disabilities an equal opportunity to participate.
4. Counseling services must be provided in an non-discriminatory fashion including refraining from counseling students with disabilities toward more restrictive career objectives than non-disabled peers.

VI. PROCEDURAL SAFEGUARDS

Whenever a school district proposes to identify, evaluate, or place a student, the parents or guardians must be provided with notice of the action, which includes the following procedural safeguards:

1. Notice of their rights.
2. The opportunity to examine relevant records.
3. An impartial hearing with opportunity for participation by the parents or guardians of the student and representation by counsel and a review procedure. These rights are defined further in the Notice of Procedural Rights

Legal References:

• Section 504 of the Rehabilitation Act, 29 U.S.C.A. § 794 (a)
• 34 C.F.R. § 104.3
• 34 C.F.R. § 104.4
• 34 C.F.R. § 104.7
• 34 C.F.R. § 104.8
• 34 C.F.R.§104.32-.38

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

The following is a description of the rights granted by federal law to students with disabilities. A full compilation can be found at 34 C.F.R.§104.21.

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 disability.
2. have the school district advise you of your rights under federal law.
3. receive notice with respect to identification, evaluation, and accommodations for 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. have your child receive a free appropriate public education. This includes the right to be educated with learners 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 his or her individual educational needs as adequately as the needs of students without disabilities are met.
5. have your child receive services and be educated in facilities which are comparable to those provided to students without disabilities.
6. 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.
7. have transportation provided to and from an alternative placement at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
8. have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.
9. examine all relevant records relating to decisions regarding your child's identification, evaluation, and placement.
10. obtain copies of educational 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.
12. request mediation or an impartial due process hearing related to decisions or actions regarding your child's identification, evaluation, or educational program and to be represented by counsel 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 at its expense. It will also provide for the recording of testimony and evidence in the hearing and if applicable, in the review process.
13. file a local grievance with the District Section 504 Coordinator. Neither the local grievance procedure or the hearing procedure prevents a student or parent from filing a complaint with the Office for Civil Rights (OCR) or in federal court. There may be specific timelines for filing a complaint that may affect your rights as may changes in the law. This Notice is not intended to be legal advice or substitute for legal advice. More information can be obtained on the OCR’s or the Minnesota Department of Education’s website as well or by contacting the District’s 504 Coordinator.
14. file a complaint with the Office for Civil Rights (OCR) 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. Voice Phone: (312-886-2359) Fax: (312- 886-1807) TDD: (312-353-5693).
15. receive information in your native language and primary mode of communication.

The District Section 504 Coordinator is Emily Rustman. She is responsible for assuring that the District complies with Section 504 and may be reached by calling (952) 491-8031; 5901 Sunnyfield Rd. E. Minnetrista, MN 55364; rustmane@westonka.k12.mn.us

Legal References:

• Section 504 of the Rehabilitation Act, 29 §794
• 34 C.F.R, §104.3(j)(disability defined)
• 34 C.F.R.§ 104(a)(designation of responsible authority)
• 34 CFR §104 (b)(grievance provisions)
• The American’s with Disabilities Amendments Act of 2008
• The Individuals with Disabilities Education Act
• 20 U.S.C.§1401 et seq

Adopted: March 11, 1996