Section 504

Section 504 is a basic civil rights statute which prohibits discrimination on the basis of disability. A person who is considered disabled for purposes of §504 protections is any person who...

  • (I) has a physical or mental impairment, which substantially limits one or more, 
  • (ii) has a record of such an impairment, or
  • (iii) is regarded as having such an impairment. [34 CFR 104.3(j)]

Qualification as a person with a disability under §504 is much broader than the eligibility requirements under the Individuals with Disabilities Education Act (IDEA) and 92 NAC 51. While §504 requires that the condition substantially limit a major life activity, it may or may not adversely affect the student's educational performance. An example would be a student with cystic fibrosis who is able to progress academically with his peers, but requires respiratory therapy once a day in order to access his regular school program.

Gering Public Schools Section 504 Parents Rights

The following is a description of student and parent rights granted by federal law. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

  1. Have your child take part in and receive benefits from public education programs without discrimination based on a disability.
  2. Have the school advise you of your rights under federal law.
  3. Receive notice with respect to identification, evaluation, program, or placement of your child.
  4. Be involved before the initial evaluation and placement for services for your child. Written consent is not required; however, encouraging your involvement and support before the initial evaluation and placement for services for your child is a priority.
  5. Have your child receive a free appropriate public education that is the provision of related aids and/or specialized services, including the services of special educators and related professionals when the student does not otherwise qualify for special education. Related aids or services must be designed to meet the individual educational needs of your child as adequately as the needs of students without disabilities are met. This includes the right to be educated with non-disabled students and the opportunity to participate in school and school-related activities to the maximum extent appropriate.
  6. Have your child educated in facilities and receive services comparable to those provided to students without disabilities.
  7. Have your child evaluated for eligibility under Individuals with Disabilities Education Act (IDEA), and if found eligible, receive special education and related services.
  8. Have identification, evaluation, and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, disability evaluation data, and placement options.
  9. Give your child an equal opportunity to participate in non-academic and extracurricular activities offered by the school.
  10. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement.
  11. File a local grievance with your school if you feel your child is being discriminated against because of his/her disability.
  12. Request the assistance of a mediator to help resolve issues with the school.
  13. Request a due process hearing to help resolve issues with the school.
  14. File a formal complaint with the regional Office for Civil Rights.

If you have questions or concerns, please contact the Gering Public Schools 504 Coordinator, Barbara Ehrhart, at 308-436-3125

 

Gering Public Schools
1519 10th Street Gering, NE 69341
Phone: 308-436-3125
Fax: 308-436-4301