Section 504 Plans

Section 504 of the Rehabilitation Act of 1973, as amended by the ADA Amendments Act of 2008 (hereinafter “Section 504”), is Congress’ directive to entities receiving any Federal funding (including schools) to eliminate discrimination based on disability from all aspects of their school operations. It states: “No otherwise qualified individual with a disability shall solely by reason of his/her disability, 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.” As the School District is a recipient of Federal dollars, its administrators and staff are required to provide eligible disabled students with equal access (both physical and academic) to services, programs, and activities offered by its schools. Section 504 is a civil rights statute and not a special education statute.

If you suspect that your child is “disabled” under Section 504/ADA, contact your child’s teacher, school counselor, or building principal. You will be asked to complete a referral form and grant consent for a 504 evaluation. After the evaluation is complete, a meeting will be scheduled to determine if your child has a “disability.” You have the right to meaningfully participate in the process and provide input, even if you cannot attend the meeting in person.

A student qualifies for Section 504 protection if s/he is determined to be an individual with a disability as defined by the statute. Specifically, the student must have a physical or mental impairment that substantially limits one or more major life activities, or have a record of such an impairment, or be regarded as having such an impairment. Only those students with an actual impairment, however, may require accommodations pursuant to Section 504. Those students with a record of an impairment or who are regarded as having an impairment are entitled to protection from discrimination based upon disability.

Major life activities include, but are not limited to, functions such as (a) caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, eating, sleeping, standing, lifting, bending, reading,concentrating, thinking, communicating, learning, and (b) the operation of major bodily functions including thefunctions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.

Section 504 prohibits discrimination against students based solely on disability and requires school districts to provide students with disabilities regular education access with reasonable accommodations to meet the individual educational needs of students with disabilities as adequately as the needs of nondisabled students are met. Any necessary accommodations must be delineated in a Section 504 Plan. 

IDEA requires districts to provide disabled students (ages 3 through 21) with special education and related services and supplementary aids and services designed to meet their unique needs and prepare them for further education, employment, and independent living. The special education and related services must be delineated in an Individualized Education Program (IEP).

Below is a description of the rights granted by federal law to individuals with disabilities. It is the intent of Beavercreek City Schools, pursuant to Section 504, to keep families fully informed concerning decisions about their child and to inform parents/guardians of their rights if they disagree with any of those decisions.

You Have the Right To:

A. Have your child take part in and receive benefits from public education programs without discrimination because of their disability.

B. Have the School District advise you of your rights under federal law.

C. Receive written notice of any decision regarding the identification, evaluation, or educational placement of your child.

D. Have your child receive a free appropriate public education (FAPE).

This includes the right to be educated with students who are not disabled to the maximum extent appropriate. The student’s education will be provided in the general education classroom unless it is demonstrated that education in that environment, with the use of supplementary aids and services, cannot be achieved satisfactorily.

This also includes the right to receive regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

E. Have your child educated in facilities and receive services comparable to those provided to students without disabilities.

F. Have evaluation and educational placement decisions made based upon a variety of information sources and by individuals who know your child and are knowledgeable about evaluation data and placement options.

G. Have your child transported in a nondiscriminatory manner.

If the District refers a student for aids, benefits, or services outside the District, adequate transportation will be provided at no greater cost to the family than if the aids, benefits, or services were provided within the District.

H. Place your child in a private school or alternative educational program.

However, if the District makes FAPE available to your child and you choose to place your child elsewhere, the District is not required to pay for your child’s education at the private school or alternative educational program, including any costs associated with transportation.

I. Have your child given an equal opportunity to participate in nonacademic and extracurricular activities offered by the District.

J. Examine all relevant education records, including documents related to decisions regarding your child’s identification, evaluation, educational program, and placement.

K. Obtain, at your own expense, an independent educational evaluation of your child.

L. Obtain copies of education records at a reasonable cost unless the fee would effectively deny you access to the records.

M. Receive a response from the School District to reasonable requests for explanations and interpretations of your child’s education records.

N. Receive periodic re-evaluations and an evaluation before any significant change in program or service modifications.

O. Request amendment of your child’s education records if there is reasonable cause to believe that information contained in the records is inaccurate, misleading, or otherwise in violation of your child’s privacy rights.

If the School District refuses to amend the records, you have the right to request a hearing and/or attach a statement to the records explaining why you disagree with the information.

P. Request mediation or an impartial due process hearing related to decisions or actions concerning your child’s identification, evaluation, educational program, or placement.

You and your child may participate in the hearing and may be represented by an attorney. Hearing requests must be made to the Director of Student Services, Director of Secondary Education, or Director of Elementary Education.

Q. Receive all information in your native language and mode of communication.

R. File an internal complaint.

S. File a complaint with the U.S. Department of Education’s Office for Civil Rights.

T. Be represented at any point in the process by an attorney.

U. Recover reasonable attorney fees as authorized by law, such as if you are successful on a due process claim.

V. Be notified of your Section 504 rights:

• When evaluations are conducted
• When consent for an evaluation is withheld
• When eligibility is determined
• When a Section 504 Plan is developed
• Before there is a significant change in the Plan

Complaints and Due Process Requests

Complaints, including complaints of disability-based harassment and requests for due process hearings, must be submitted in writing. The complaint or request must identify the specific circumstances or areas of dispute and may include possible solutions to the dispute.

Building principals serve as Building Section 504/ADA Compliance Officers.

Complaints must be filed with the District Section 504/ADA Compliance Officer. The Board of Education has designated the Assistant Superintendent, the Director of Human Resources, and the Director of Student Services as the District Section 504/ADA Compliance Officers.

District Section 504/ADA Compliance Officers

Beavercreek City Schools
4029 Executive Drive
Beavercreek, Ohio 45430

Phone: 937-426-1522
Fax: 937-458-2434

Office for Civil Rights

The Office for Civil Rights of the United States Department of Education enforces the requirements of Section 504 of the Rehabilitation Act of 1973.

Office for Civil Rights, Cleveland Office
U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115

Phone: 216-522-4970
Fax: 216-522-2573
TDD: 216-522-4944