Section 504 Notice of Rights & Procedural Safeguards
Description of Section 504 and Applicable District Policies
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (“Section 504”), is a federal civil rights law that protects the rights of students with disabilities in programs and activities that receive Federal financial assistance. Specifically, Section 504 states: “No otherwise qualified individual with a disability in the United States…shall, solely by reason of his or her disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”
As an institution that receives Federal financial assistance, the Frisco Independent School District (“Frisco ISD” or “District”) maintains applicable Board of Trustees’ (“Board”) Policies related to Section 504. The relevant board policies include but are not limited to the following Board Policies:
FB (LEGAL)
FB (LOCAL)
FB (EXHIBIT)
FFH (LEGAL)
FFH (LOCAL)
All relevant Board Policies are available online.
General Rights and Procedural Safeguards
As an individual with disabilities, the following rights are provided to the parents, guardians, or the student upon reaching the age of majority in accordance with the Section 504 implementing regulations found at Title 34, Part 104 of the Code of Federal Regulations (“C.F.R.”):
The District has an obligation to identify and locate every qualified individual with a disability (“qualified individual”) residing in the District’s jurisdiction/boundaries who is not receiving a public education and must take appropriate steps to notify persons with a disability and their parents or guardians of the District’s obligation under Section 504 (34 C.F.R. § 104.32). This notice fulfills the District’s obligation under this paragraph.
The District has an obligation to provide all qualified individuals with a free appropriate public education (34 C.F.R. § 104.33).
An education is appropriate when a qualified individual receives the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of the qualified student and are based upon adherence to the procedures outlined in Section 504 and its implementing regulations.
All qualified individual have the right to be educated with their nondisabled peers to the maximum extent appropriate based on the individual needs of the qualified student (34 C.F.R. § 104.34(a)).
All qualified individual have the right to participate in nonacademic and extracurricular activities, including but not limited to recess, meals, counseling services, and athletics with nondisabled peers to the maximum extent appropriate based on the individual needs of the qualified student (34 C.F.R. § 104.34(b)).
All qualified individual have the right to be educated in comparable facilities, services, and activities to their nondisabled peers (34 C.F.R. § 104.34(c)).
The District shall conduct an evaluation of all students suspected to need special education or related services prior to engaging in placement procedures (34 C.F.R. § 104.35(a)). Parents or guardians have the right to refuse to the initial evaluation of a student suspected to have a qualifying disability.
The District must comply with evaluation procedures which ensure that tests and other formal, evaluation materials are validated for the specific purpose for which they are use and administered by trained personnel in conformance with the instructions provided by their producer, are tailored to assess specific areas of educational need, and accurately reflect a student’s aptitude when administered to a student with impaired sensory, manual, or speaking skills (34 C.F.R. § 104.35).
The Section 504 committee, in reviewing evaluation data and making placement decisions must:
Draw upon information from a variety of sources, including but not limited to aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
Establish procedures to ensure that information obtained is documented and carefully considered;
Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, meaning of evaluation data, and the placement options; and
Ensure that the placement is in the least restrictive environment (34 C.F.R. § 104.35(b)).
Parents or guardians have the right to refuse placement/services.
The District must conduct periodic reevaluations of qualified students (34 C.F.R. § 104.35(c)). A reevaluation must occur at least every three years or when a significant change of placement occurs.
Parents or guardians have the right to receive notice of any actions related to the identification, evaluation, or placement of a qualified student (34 C.F.R. § 104.36).
Parents or guardians have the right to examine all relevant records of your child, including those related to the provision of Section 504 services to a qualified student (34 C.F.R. § 104.36).
The parent/guardian/adult student has been informed after five (5) years of inactive status or graduation, Section 504 records will be destroyed and will no longer be available.
At the age of majority (18), all rights provided herein will transfer to the adult student.
Complaint Processes/Avenues
Parents or guardians have the right to an impartial due process hearing and the right to be represented by counsel throughout the impartial due process hearing. All requests for an impartial due process hearing should be directed to the District’s Section 504 Coordinator at:
Jason M. Ellis
Assistant Director of 504 and Homebound Services
5515 Ohio Drive
Frisco, TX 75035
Upon receipt of a request for an impartial due process hearing, the District will promptly retain an impartial due process hearing officer and will notify you of the designation of a hearing officer, the time, date, and place of the hearing.
Parents or Guardians also have the right to appeal the impartial due process hearing officer’s decision to federal/state court as provided by the law or in writing to the District’s Section 504 coordinator who will coordinate the appropriate review procedure.
Parents or guardians have the right to file a complaint of discrimination with the Office for Civil Rights (“OCR”). The OCR Regional Office Information is as follows:
Parents or guardians have the right to file a complaint through the District’s local grievance procedures pursuant to Frisco ISD Board Policies FB (LEGAL), FFH (LEGAL), FFH (LOCAL), or other applicable policy. The District will comply with all procedures provided in the Board Policies when a complaint is received.
Director, Office for Civil Rights, Region VI
1999 Bryan Street
Suite 1620
Dallas, TX 75201-6810
If you have any questions regarding the rights provided herein or how to access the complaint processes, please do not hesitate to contact the District’s Section 504 Coordinator.