Section 504 Procedures for Students with Disabilities

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with a disability in any program receiving federal financial assistance. Section 504 defines a person with a disability as anyone whom:

• 1. has a mental or physical impairment which substantially limits one or more major life activities such as caring for one’s self,
      performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;
• 2. has a record of such impairment; or
• 3. is regarded as having such an impairment.

The Greater Johnstown School District acknowledges its responsibility under Section 504 to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability shall knowingly be permitted in any program or practices in the School District.

Under Section 504, the School District has the responsibility to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services.

If the parent or person in parental relationship disagrees with the determination made by the professional staff of the School District, he/she has a right to a hearing with an impartial hearing officer. 

The Superintendent of Schools is directed to establish the appropriate regulation and procedures to effectively implement this policy. Inquiries regarding compliance with this policy should be directed to the Section 504 Coordinator of the Greater Johnstown School District, or to the following office:

United States Department of Education
Office for Civil Rights, Region II
75 Park Place, 14th Floor
New York, NY 10007-2146

PROCEDURES FOR STUDENTS WITH DISABILITIES
Evaluation
Any student who needs or is believed to need special accommodations, related services or programs under Section 504 of the Rehabilitation Act of 1973, may be referred to the Section 504 Committee for evaluation.

The Section 504 Committee shall be composed of persons knowledgeable about the student’s school history, the student’s individual needs, the meaning of evaluation data, and the placement options.

The student’s parent or person in parental relationship shall be notified of the Section 504 Committee meeting at least ten (10) calendar days prior to the meeting and invited to participate in it.

The Section 504 Committee shall consider all relevant information on the student to determine whether he/she is disabled under Section 504.  Information may include reports from physicians, observations from parent, teachers, school personnel, results of standardized tests, etc.

The Section 504 Committee shall determine whether the student is disabled under Section 504, and, if so, develop a written educational plan describing what accommodations, services or programs will be provided to meet the student’s needs.

The student’s parent or person in parental relationship shall be notified in writing of Section 504 Committee’s determination and recommendation.

Review of the Student’s Evaluation
The Section 504 Committee shall meet periodically to review the student’s evaluation.  In addition, prior to any significant change in placement, a reassessment of the student’s needs shall be conducted.

Procedural Safeguards
The parent or person in parental relationship shall be notified in writing of any District decision concerning the identification, evaluation, and placement of a student.

The parent or person in parental relationship shall have the right to examine the student’s record.

Parents or persons in parental relationship who disagree with the identification, evaluation or placement of a student with disabilities shall have the right to request an impartial due-process hearing.  The request for a hearing shall be made in writing, within thirty (30) days for receipt of Section 504 Committee’s determination. The request shall state the reasons the hearing is being requested and be sent to the Superintendent of Schools.

The parent or person in parental relationship shall have an opportunity to participate and be represented by counsel at the due-process hearing.

If an impartial due-process hearing is to be held under the IDEA concerning issues relevant to the Section 504 proceeding, a hearing officer qualified to conduct IDEA proceedings may consider Section 504 issues at the impartial hearing.  The issues under IDEA and Section 504 shall be separately addressed in the hearing decision.

The parent or person in parental relationship shall be notified in writing of the hearing officer’s decision.  The School District or parent or person in parental relationship may seek review of the decision of the Section 504 hearing officer by the Commissioner of Education, or the State Review Officer, as appropriate, and by a federal court of competent jurisdiction. 

Procedures to Follow at the Hearing
A Section 504 due-process hearing may be called at the request of the School District or a parent or person in parental relationship.  The proceedings shall be presided over and decided by an impartial hearing officer.

Requests for a due-process hearing must be submitted in writing to Superintendent of Schools.  Parents or persons in parental relationship shall be notified of the hearing at least ten (10) days prior to the date set for the hearing. 

The notice shall contain:

• A statement of time, place and nature of the hearing.
• A statement of the legal authority and jurisdiction under which the hearing is being held.
• A statement of the matters asserted.
• A statement of the right to be represented by counsel.
• A statement of the right to examine relevant records.

The School District’s notices to the student’s parent or person in parental relationship shall be in English or in the native language or mode of communication of the parent or person in parental relationship.

At the hearing, each party shall have an opportunity to present relevant information and outside expert testimony.      

A copy of the hearing officer’s decision shall be delivered to the School District and the parent or person in parental relationship within thirty (30) days following completion of the hearing.

The decision of the hearing officer is binding on all parties involved; it is subject to review by the Commissioner of Education, or the State Review Officer, as appropriate, and by a federal court of competent jurisdiction.

NOTICE OF NONDISCRIMINATION
Applicants for admission and employment, students, parents, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the Greater Johnstown School District are hereby notified that this District does not discriminate on the basis of race, color, national origin, sex, age, disability, sexual orientation or religion in admission or access to, or treatment or employment in, its programs and activities.  Any person having inquiries concerning the Greater Johnstown School District’s compliance with the regulations implementing Title VI, Title IX, The Americans With Disabilities Act (ADA), The Age Discrimination Act, or Section 504 is directed to contact: Superintendent of Schools, Sir Bills Circle, Suite 101, Johnstown NY 12095, PHONE: (518) 762-4611. who has been designated by the Greater Johnstown School District to coordinate the District’s efforts to comply with the regulations implementing Title VI, Title IX, the ADA, The Age Discrimination Act, and Section 504.

GRIEVANCE PROCEDURES FOR RESOLUTION OF COMPLAINTS ALLEGING DISCRIMINATION BASED UPON SEX OR DISABILITY
The district has adopted the following grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part. 34 CFR 104.7.

 A. Level One Procedure

• 1. Any student or employee in the school district who wishes to file a complaint regarding alleged discrimination based upon sex
      or disability shall make such a complaint in writing on forms available in the superintendent’s office.
• 2. Said form should then be given to the Superintendent of Schools who serves as the District Title IX, Section 504 Compliance
      Coordinator.
• 3. Compliance Coordinator or his/her designee will then:
       a. Investigate, within one week (7 calendar days) after receipt of  complaint.
       b. Render a decision, within two weeks (14 calendar days) after receipt of complaint, and notify the Complainant.
       c. Provide the Complainant and the Accused one week (7 calendar days) to react to the decision before it becomes final.
• 4. The responsibilities of the Complainant and the Accused will be to:
       a. Accept the decision, in writing addressed to Compliance Coordinator; or,
       b. Disagree with the decision, in writing, addressed to the Compliance Coordinator.

The failure of the Complainant or the Accused to make a response will be considered his/her acceptance of the decision. In the event that the District level one officer (i.e., Title IX, Section 504 Compliance Coordinator and/or his/her designee) is involved in the alleged discrimination, the Complainant can bypass the Level One Procedure and proceed directly to the Level Two Procedure. 

B. Level Two Procedure
After completion of the Level One Procedure, the Complainant or the Accused can start the Level Two Procedure by making a written request to the Compliance Coordinator.

• 1. The Compliance Coordinator requests the Superintendent of Schools to review the complaint.
• 2. The Superintendent will schedule a meeting within one week (7 calendar days) of the receipt of the request for
       review. The participants shall be the Complainant (the Complainant may be accompanied by his/her parent(s), guardian,
       spouse, or friend), the Accused (the Accused may be accompanied by his/her parent(s), guardian, spouse, or friend), the
       Compliance Coordinator, and the Superintendent. Only the Complainant and Compliance Officer may present information or
       otherwise actively participate in the meeting. The Complainant and the Accused may be required to meet separately.
• 3.The Superintendent will make a decision within one week (7 calendar days) which shall be final.  The Complainant, the Accused
      and the Compliance Coordinator will receive copies of the decision.

C. Other Channels for Filing Complaints
There are other agencies with which complaints alleging discrimination based upon sex or handicap can be filed.  Please note that since each agency has its own rules on deadlines for filing complaints, a check should be made with each agency to determine its particular rules for filing complaints. The Complainant may also file a complaint alleging discrimination based upon sex or handicap with:

Office for Civil Rights, Region II
U.S. Department of Education
75 Park Place – 14th Floor
New York, NY 10007-2146

NOTICE OF PARENT AND STUDENT RIGHTS UNDER SECTION 504
The Rehabilitation Act of 1973, commonly referred to as Section 504, is a nondiscrimination statute enacted by the United States Congress.  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 non-disabled students.

An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having, 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.

The federal regulations for Section 504 provide parents and/or students with the following rights:

1. You have a right to be informed by the school district of your rights under Section 504 in English, your native language, or your usual mode of communication. (The purpose of this Notice is to advise you of those rights.)  34 CFR 104.32       

2. Your child has the right to an appropriate education designed to meet his/her individual educational needs as adequately as the needs of non-disabled students are met.  34 CFR 104.33

3. Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student.  34 CFR 104.33

4. Your child has a right to placement in the least restrictive environment. 34 CFR 104.34

5. Your child has a right to facilities, services, and activities that are comparable to those provided for non-disabled students. 34 CFR 104.34

6. Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent significant change in placement. 34 CFR 104.35

7. Testing and other evaluation procedures must conform with the requirements of 34 CFR 104.35 as to validation, administration, areas of evaluation, etc. The 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, and anecdotal reports. 34 CFR 104.35

8. Placement decisions must be made by a group of persons [i.e., the Section 504 Committee], including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35 

9. If eligible under Section 504, your child has a right to periodic reevaluations, generally every three years. 34 CFR 104.35

10.You have the right to notice prior to any action by the District in regard to the identification, evaluation, or placement of your child. 34 CFR 104.35

11. You have the right to examine relevant records. 34 CFR 104.36

12. You have the right to an impartial hearing with respect to the District’s actions regarding your child’s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR 104.36

13. If you wish to challenge the actions of the District’s Section 504 Committee in regard to your child’s identification, evaluation, or educational placement, you should file a written Notice of Appeal with the District’s (504) Coordinator within ten (10) calendar days from the time you received written notice of the Section 504 Committee action(s).  A hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time and place for the hearing.

14.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 CFR 104.36

15. On Section 504 matters other than your child’s identification, evaluation, and placement, you have a right to file a complaint with the District’s Section 504 Coordinator (or designee), who will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.

16. You also have a right to file a complaint with the Office of Civil Rights. The address of the Regional Office which covers NYS is: 
U.S. Dep’t. of Education For Civil Rights
75 Park Place – 14th Floor
New York, NY 10007-2146


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