The Rehabilitation Act of 1973, commonly referred to as Section 504, is a non-discrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that within the public schools 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) currently has, (b) has a record of having, or (c) is regarded as having a physical or mental impairment which substantially limits one or more major life activities. Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning
Parents have the right to:
• Have the right to be informed by the school district of your rights under Section 504 (The purpose of this document form is to advise you of these rights)
• Have your child take part in, and receive benefits from public education programs without discrimination based on a disability.
• Receive notice with respect to identification, evaluation, or placement of your child.
• Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
• Have your child educated in facilities and receive services comparable to those provided to students without disabilities.
• Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act.
• Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the eligibility data, and placement options.
• Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by the school District through the provision of reasonable accommodations.
• Examine all relevant records relating to decisions regarding your child's identification, eligibility, educational program, and placement.
• Receive a response from the District to reasonable requests for explanations and interpretations of your child's records.
• Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the District refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.
• Request impartial due process hearing related to decisions regarding your child’s identification, eligibility, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost.
• File a complaint with the Office of Civil Rights when you believe your child’s rights have been violated.
New York Office
Office for Civil Rights
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3900
FAX: 646-428-3843; TDD: 800-877-8339
Email: OCR.NewYork@ed.gov
RMS Section 504 of the Americans with Disabilities Act Grievance Procedure:
Riverside Public Schools has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the US Department of Education, Office for Civil Rights, regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, (29 USC 794), and Title IX of the Education Amendments of 1972, which prohibit discrimination on the basis of handicap and sex, respectively. Complaints should be addressed to Mrs. Patricia Swenson, Riverside Public Schools District 504 and Title IX Coordinator at 856-461-1255, ext. 1125 who has been designated to coordinate the District’s compliance activities pursuant to the above noted regulations.
A complaint should be filed in writing, contain the name and address of the person
filing it, and briefly describing the alleged violation of the regulations.
A complaint should be filed within 45 days after the complainant becomes aware of
the alleged violation. Processing of allegations of discrimination which occurred
before this grievance procedure was in place will be considered on a case-by-case basis.
An investigation, as may be appropriate, shall follow the filing of a complaint. The District 504/Title IX Coordinator will conduct the investigation. These rules
contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and a description of the
resolution, if any, shall be issued by the District 504/Title IX Coordinator and a copy
forwarded to the complainant no later than 45 days after its filing.
The District’s designated compliance coordinator shall maintain the files and records
relating to the complaints filed.
The complainant can request a reconsideration of the case in instances where he or she
is dissatisfied with the resolution. The request for reconsideration should be made
within 30 days to the District 504/Title IX Coordinator.
The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person’s pursuit of other remedies such as
the filing of a Section 504 or Title IX complaint with the responsible Federal
department or agency. Utilization of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested
persons to meet appropriate due process standards, and to assure that Riverside
Public Schools is complying with Section 504 and Title IX and their implementing
regulations.
