Section 504 of the Rehabilitation Act of 1973

NOTICE OF PARENT AND STUDENT RIGHTS UNDER SECTION 504
OF THE REHABILITATION ACT OF 1973

It is the intent of the Redondo Beach Unified School District that students who may have a disability under Section 504 of the Rehabilitation Act of 1973 and their parents be informed of their rights. (See Board Policy 6164.6)

The Rehabilitation Act of 1973, which includes "Section 504," is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to ensure that 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 has a physical or mental impairment that substantially limits a "Major Life Activity," such as: seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, and working. Major life activities also include major bodily functions such as functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions, as well as the operation of an individual organ within a body system. The determination of whether an impairment substantially limits a student's major life activities shall be made without regard to the ameliorative effects of mitigating measures other than ordinary eyeglasses or contact lenses. Mitigating measures are measures that an individual may use to eliminate or reduce the effects of an impairment, including, but not limited to, medications, medical supplies or equipment, prosthetic devices, assistive devices, reasonable modifications or auxiliary aids or services, learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, or physical therapy.

Eligibility

Application

Parent/Guardian Rights

Academic Setting

Comparable Facilities

Evaluations

Evaluation Procedures

Placement

Re-evaluations

Notice

Nonacademic Services

Records

Periodic Review

If eligible under Section 504, your child has a right to a periodic review of his or her Section 504 plan. Such meetings generally occur one time per year. However, if you believe that changes may be necessary to effectuate your child's educational program, you may request a Section 504 Plan meeting. The meeting shall be held within a reasonable period of time after receiving the parents' request.

Due Process Procedures

You may have the right to an impartial hearing with respect to the District's action regarding your child's identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 C.F.R. Section 104.36

If a parent/guardian disagrees with any district action or decision regarding the identification, evaluation, or educational placement of his/her child under Section 504, he/she may request a Section 504 due process hearing within 30 days of that action or decision.

Prior to requesting a Section 504 due process hearing, the parent/guardian may, at his/her discretion, but within 30 days of the district's action or decision, request an administrative review of the action or decision. The Coordinator shall designate an appropriate administrator to meet with the parent/guardian to attempt to resolve the issue and the administrative review shall be held within 14 days of receiving the parent/guardian's request. If the parent/guardian is not satisfied with the resolution of the issue, or if the parent/guardian did not request an administrative review, he/she may request a Section 504 due process hearing.

A Section 504 due process hearing shall be conducted in accordance with the following procedures:

The parent/guardian shall submit a written request to the Coordinator within 30 days of receiving the district's decision or, if an administrative review is held, within 14 days of the completion of the review. The request for the due process hearing shall include:
1. The specific nature of the decision with which he/she disagrees
2. The specific relief he/she seeks
3. Any other information he/she believes is pertinent to resolving the disagreement
Within 30 days of receiving the parent/guardian's request, the Superintendent or designee and 504 Coordinator shall select an impartial hearing officer. This 30-day deadline may be extended for good cause or by mutual agreement of the parties.
Within 45 days of the selection of the hearing officer, the Section 504 due process hearing shall be conducted and a written decision mailed to all parties. This 45-day deadline may be extended for good cause or by mutual agreement of the parties.
The parties to the hearing shall be afforded the right to:
1. Be accompanied and advised by legal counsel and by individuals with special knowledge or training related to the problems of students with disabilities under Section 504
2. Present written and oral evidence
3. Question and cross-examine witnesses
4. Receive written findings by the hearing officer stating the decision and explaining the reasons for the decision

If desired, either party may seek a review of the hearing officer's decision by a federal court of competent jurisdiction.

If you disagree with the Section 504 decision regarding your child and have a need for further information or assistance with filing a grievance or requesting an impartial hearing, please contact:

Jason Kurtenbach
Executive Director, Student Services
1401 Inglewood Ave.
Redondo Beach, CA 90278
(310) 379 - 5449