Section 504

1.  Your child has a right to take part in and receive benefits from public education programs without discrimination based on a disability.

2.  You have the right to receive written notice prior to any action by the district in regard to the identification, evaluation, or placement of your child.

3. Your child has a right to an evaluation prior to the development of an initial 504 plan and any subsequent significant change in placement.  Your child is eligible for a free appropriate public education (“FAPE”) under 504 of The Rehabilitation Act of 1973 if the § 504 Team determines that your child has a physical or mental impairment that substantially limits one or more major life activities, including the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of the student as adequately as the needs of students without disabilities are met and that are based upon adherence to Section 504’s procedural requirements. Major life activities include, but are not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, working, and learning, or the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, or endocrine functions.

4. The district shall consider information from a variety of sources, including (as appropriate) but not limited to aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, medical reports, student grades, progress reports, parent observations, anecdotal reports, and test scores when making eligibility, educational, and placement decisions under 504.

5.  Eligibility decisions must be made by a group of persons knowledgeable about your child, the meaning of the evaluation data, and the placement options.

6.  If eligible as disabled under 504, your child has a right to periodic reevaluations, generally every three years, before your child’s placement is terminated or significantly changed, and if otherwise determined to be necessary.

7.  Your child has the right to a free appropriate public education (“FAPE”), meaning the provision of education and related services without cost to the person with a disability or his or her parents or guardians except for those fees that are imposed equally on non-disabled students or their parents.

8.  Your child has a right to access facilities, services, and activities that are comparable to those provided for non-disabled students.

9. You have the right to examine the educational records of your child and obtain copies at a reasonable cost.

10. With respect to actions regarding the identification, evaluation, or educational placement of your child under Section 504, you have the right to notice, an opportunity to examine relevant records, an impartial hearing with opportunity for participation by you and representation by counsel, and a review procedure.

11. If you wish to challenge the actions of the district’s 504 Team in regard to your child’s identification, evaluation, or educational placement, you should file a written grievance with the district’s 504 Compliance Officer, Mrs. Janice Price at Fairview Park City School Board of Education, 21620 Mastick Road #A, in Fairview Park, Ohio 44126, within 10 calendar days from the time you received written notice of the § 504 Team’s action(s). 

A hearing will be scheduled within 30 school days after receipt of your written request.  The hearing will be held before an impartial hearing officer selected, and appointed, and paid for by the district and you will be notified in writing of the date, time, and place for the hearing.

12.  If you disagree with the decision of the impartial hearing officer appointed by the district, you have a right to a review of that decision by a court of competent jurisdiction.

13.  You have the right to file a complaint at any time in federal court or with the United States Department of Education Office for Civil Rights (OCR) at any time.  OCR may be contacted at 600 Superior Avenue, East, Suite 750, Cleveland, Ohio 44114-2611.

14.  This document is not to be a substitute for legal advice. It contains portions of the Section 504 Regulations, which can be found at 34 C.F.R. Part 104.