District 504 Procedures

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 ensures and equal opportunity for qualified students with disabilities. Under Section 504, an individual with a disability is defined as a person who (1) has a physical or mental impairment that substantially limits a major life activity; (2) has a record of such impairment; or (3) is regarded as having such an impairment. Referrals for Section 504 Plans can be made to school counselors (school Section 504 Coordinators) .

An evaluation meeting will be held with the school Section 504 team to determine eligibility. If the student is determined to be eligible, a Section 504 Plan may be developed to include reasonable accommodations and supports for the student.

Due Process Safeguards/Grievance Procedures

A. With respect to actions regarding the identification, evaluation, or educational placement of a student who is or may be a person with a disability under Section 504, the following procedural safeguards shall be afforded:
 

1. Notice to parent(s)/guardian(s) (written or oral) of any decision regarding the identification, evaluation, or educational placement of the student; Provide an opportunity for the parents or guardians of the student to examine relevant educational records;
2. Provide an opportunity for an informal resolution or the availability of due process through WCPS formal grievance procedures;
3. Provide the aggrieved individual grievance procedures offered by the Federal Office of Civil Rights

B. Grievance Procedures: the grievance procedure is intended to provide due process and to facilitate the resolution of complaints alleging that the school system has violated Section 504 in the provisions of its programs or activities.
 

1. A grievant (parent/guardian or student) is to direct disputes over Section 504 to the principal in writing.
2. If the party is still aggrieved, the grievant may file a written complaint to the 504 Plan Program Coordinator or designee. The 504 Plan Program Coordinator or designee will meet with the grievant within 10 school days of receiving the written complaint. A grievant may forego filing a written complaint with the 504 Plan Program Coordinator or their designee and file for a due process hearing as explained below.
3. If a grievant disagrees with the outcome of the meeting with the 504 Plan Program Coordinator or designee, or wants to forego filing a written complaint with the 504 Plan Program Coordinator, the parent/guardian may file for a due process hearing before an impartial hearing officer. A request for an impartial due process hearing shall be in writing and shall specify the grounds for the hearing. The request for the due process is to be filed with the 504 Plan Program Coordinator.