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Section 504

Section 504 is an anti-discrimination, civil rights statute, which is part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. It is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education.  Section 504 provides: “No otherwise qualified individual with a disability in the United States…shall, solely by reason of her or his disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….” 

Section 504 requires school districts to provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.  The Americans with Disabilities Act Amendments of 2008 broadens the interpretation of disability and provides that the determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures.  
 
The school district has specific responsibilities under these acts, which include the responsibility to identify, evaluate, and if the child is determined to be eligible under Section 504, to afford appropriate educational services through a written accommodation plan.  

The school district must also provide notice and due process.  If the parent/guardian 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.

As a public school, Heyworth CUSD4 is responsible for and strives to provide students with disabilities the same opportunity to succeed in school as provided to those students without disabilities by providing reasonable adaptations and modifications for instructional purposes.  
 
For those students with disabilities eligible under the IDEA, these policies and procedures shall apply only to the extent that the procedural safeguards of if IDEA do not apply.

Additional information is coming soon.

 
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