| REGULATORY |
REQUIREMENTS |
| Purpose |
To prohibit discrimination on the basis of a
disability in any program receiving federal funds |
| Who is protected |
A student is eligible so long as he/she meets the
definition of qualified handicapped person; i.e. has or
has had a physical or mental impairment which
substantially limits a major life activity, has a record
of or is regarded as handicapped by others. |
| Duty to provide Free and Appropriate Education |
Requires the provision of a free appropriate
education for students covered including individually
designed programs. "Appropriate" means an
education comparable to the education provided to
non-handicapped students. |
| Special Education VS. Regular Education |
A student is eligible so long as he/she meets the
definition of qualified handicapped person. i.e., has or
has had a physical or mental impairment which
substantially limits a major life activity, or is
regarded as handicapped by others. The student is not
required to need special education in order to be
protected. |
| Funding |
Additional funds are not provided for these services |
| Accessibility |
Detailed regulations regarding building and program
accessibility. |
| General Notice |
504 requires "Child Find" activities.
Districts must include notice of discrimination in its
employee, parent, and student handbook, and must
designate the district's 504 coordinator(s). |
| Notice of Consent |
A notice of consent is required to the parent or guardian with
respect to identification, evaluation and placement. A district/school
would be wise to put the notice in writing in order to have proof
of consent. |
| Change of placement |
Requires notice before achange in placement is
made. |
| Evaluations |
Require notice, not consent. Requires periodic
re-evaluations. Requires a re-evaluation before a
significant change in placement. Does not provide for
outside independent evaluations. |
| Determination of Eligibility Program and Placement |
Done by a group of persons knowledgeable about the
child, the evaluation data, and placement options.
Parental participation is not mentioned in the
regulations. |
| Grievance Procedure |
Districts with more than 15 employees must designate
an employee to be responsible for assuring district
compliance with Section 504 and provide a grievance procedure (an informal hearing before a district staff
member) for parent, students, and employees. |
| Due Process |
To provide impartial hearings for parents or
guardians who disagree with the identification,
evaluation or placement of students with disabilities.
Hearings conducted at the local level by an impartial
person not connected with the school district. Person
need not be an attorney. Decisions may be appealed to
court |
| Enforcement |
Enforced by the Office of Civil Rights by complaint investigation and
monitoring activities |
This page meets Bobby's guidelines to be ADA compliant.