Exceptional Children, Extraordinary Potential

Section 504

Guidance /Forms
Disability Rights Montana
     Student Rights Handbook - www.disabilityrightsmt.org/wp-content/uploads/2018/05/2016.08.31-Student-Rights-Handbook.pdf (Section 504 addressed on pages 62-72)
     Sample Forms - https://www.disabilityrightsmt.org/education-resources/ US

U.S. Department of Education, Office of Civil Rights
     Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools - www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pd
     Dear Colleague Letter & Students with ADHD and Section 504: A Resource Guide - www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf
     Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities - www.ed.gov/ocr/504faq.html

Office of Public Instruction
Gifted, Talented & Advanced Placement Services
Content specific to twice exceptional students on pages 23 and 55-57.
          
Resolving Disagreements - Dispute Resolution Options 

Elementary and secondary educational programs are required to establish and implement a system of procedural safeguards with respect to the identification, evaluation, or provision of services under Section 504 (34 CFR ยง104.36).

This system includes
  • notice,
  • an opportunity for the parents or guardian to examine relevant records,
  • an impartial hearing with the opportunity for participation by the parent or guardian and representation by counsel, and
  • a review procedure.
Individuals disagreeing with the identification, evaluation, and/or provision of services have several options available under Section 504, including:
  • Filing a complaint or grievance through the school district's discrimination complaint procedure as required under Section 504
  • Requesting a hearing before an impartial hearing officer*
  • An opportunity for a review of the decision made at the hearing*
  • Filing a complaint with the Office for Civil Rights
  • In Montana, filing a complaint with the Montana Human Rights Bureau  may be an additional disagreement option if following the school district complaint procedure or hearing does not lead to agreement. 
Montana Human Rights Bureau - http://erd.dli.mt.gov/human-rights

Office for Civil Rights Complaint Form/Directions - https://www2.ed.gov/about/offices/list/ocr/docs/howto.html
      Regional Office: Seattle, Washington
                Email: OCR.Seattle@ed.gov
                Telephone: 206-607-1600
                FAX: 206-607-1601
                TDD: 800-877-8339

*OCR has determined that school board members, district employees, and people who contract with the district to provide services to students with disabilities are not appropriate impartial hearing officers for due process hearings under Section 504. Similarly, in at least one case, OCR found that procedures for appealing an impartial hearing officer's decision violated Section 504 where they allowed for the decision to be overturned by the school board, which was not an impartial entity.  https://www.azdisabilitylaw.org/section-504-part-3-impartial-hearing/  

         

Please contact us with recommended additions or deletions.