Section 504 Accommodations - Section 504 of the Rehabilitation Act of 1973

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    Old Bridge Township Public Schools

    Department of Special Services

    PARENT/STUDENT RIGHTS IN IDENTIFICATION, EVALUATION

    AND PLACEMENT OF STUDENTS WITH DISABILITIES PURSUANT TO SECTION 504

     SECTION 504 OF THE REHABILITATION ACT OF 1973

     “No otherwise qualified individual with handicaps in the United States shall, solely by reason of her or his handicap, as defined in section 706(8) of this title be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.”                                                                               (29 U.S.C. Sec. 794).

       

    The following is a description of the rights granted by Federal law to students with disabilities. 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.

     You have the right to:

    1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disabilities; and have your child educated in facilities and receive services comparable to those provided non-disabled students.
    2.  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 school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
    3. Receive notice with respect to identification, evaluation, or placement of your child; and have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options.
    4. Have your child receive, as appropriate, services designed to meet the individual educational needs of your child through a program which provides either education in regular classes, education in regular classes with the use of supplementary services, or special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act.
    5. It is necessary to place your child in a program not operated by the District, then you are entitled to have transportation provided to and from the alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the District.
    6. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.
    7. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement and obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
    8. A response from the school district to reasonable requests for explanations and interpretations of your child’s records.
    9. 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 school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing.
    10. You have the right to an impartial hearing with respect to the District’s actions regarding your child’s identification, evaluation, or educational programs or placement, with opportunity for parental participation in the hearing and representation by an attorney. Requests for an impartial hearing related to these decisions may be made either under the informal grievance and review procedures of Section 504 or under the mediation and due process requirements of the Individuals with Disabilities Education Act.
    11. If you wish to challenge the actions of the District’s 504 Committee, you should file a written notice with the District’s 504 Coordinator within 15 calendar days from the time you received written notice of the Committee’s action. The 504 Coordinator will advise you of the time and place of the review of your complaint and you have the right to participate in that grievance hearing as well as the right to representation by an attorney.  
    12. If you disagree with the decision of the Review Committee, or if you believe that your child is entitled to special education services, then you have the right of mediation and a due process hearing. A request for mediation shall be made in writing to either the Director of Special Education in the District, or the Director of the Division of Special Education, Department of Education, State of New Jersey. The mediation request should specify the issues in dispute.
    13. While the decision of a hearing officer is binding on all parties involved, it is subject to review by the Commissioner of Education or a Court of competent jurisdiction. Additionally, you have the right to file a complaint with the Regional Office of the Office of Civil Rights, United States Department of Education.

    The person in this District who is responsible for assuring that the District complies with Section 504 is:

    James Tuohy  

    Telephone No. (732) 360-4461   

     E-mail: james.tuohy@obps.org 

     

    504 Appeal Procedures