School Wide Assistance Team (Swat)
Carrie Allain
Leslie Fitch

PARENT/STUDENT RIGHTS IN IDENTIFICATION, EVALUATION AND PLACEMENT
as defined in
SECTION 504 OF THE REHABILITATION ACT OF 1973

The Rehabilitation Act of 1973 commonly referred to as "Section 504" is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure 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 record of having, or is regarded as having, a physical or mental impairment which substantially limits a major life activity such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks.

The following is a description of the rights granted by federal law to students with handicaps.* The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

YOU HAVE THE RIGHT TO:

1. Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her handicapping condition;

2. Have the school system advise you of your rights under the federal law;

3. Receive notice with respect to identification, evaluation, or placement of your child;

4. Have your child receive a free appropriate public education. This includes the right to be educated with non-handicapped students to the maximum extent appropriate. It also includes the right to have the school system make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities;

5. Have your child educated in facilities and receive services comparable to those provided non-handicapped students;

6. Have your child receive special education and related services if he/she is found to be eligible under the Education of the Handicapped Act (94-142) or IDEA (101-476) or Section 504 of the Rehabilitation Act;

7. Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options;

8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the system;

9. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the system;

10. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement;

11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;

12. A response from the school system to reasonable requests for explanations and interpretations of your child’s records;

13. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school system refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing;

14. Request mediation nor an impartial due process hearing and related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing request for students eligible under IDEA must be made to the Assistant Superintendent of Special Education services, Louisiana Department of Education, Post Office Box 94064, Baton Rouge, Louisiana, 70804-9064;

15. Ask for payment of reasonable attorney fees if you are successful on your claim;

16. File a local grievance.

THE PERSON AT VIRGIL BROWNE GLENCOE CHARTER SCHOOL WHO IS RESPONSIBLE FOR ASSURING THAT THE SYSTEM COMPLIES WITH SECTION 504 IS: MR. MICHAEL PARRIE, TELEPHONE (337) 923-6900.

THE PERSON AT VIRGIL BROWNE GLENCOE CHARTER SCHOOL RESPONSIBLE FOR ASSURING THE IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT (ADA) IS: MR. MICHAEL PARRIE, DIRECTOR, TELEPHONE (337) 923-6900.
*(29 U.S.C. 706(7), Section 794; 34 C.F.R. Part 104, 20 U.S.C. Section 1232g; 34 C.R.F. Part 99)

SECTION 504
OF THE REHABILITATION ACT OF 1973
and
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against disabled persons in any program receiving federal financial assistance. This applies to public and many private school systems, as well. The Act defines a disabled person as anyone who:

1. Has a physical or mental impairment which substantially limits one or more major life activities (Major life activities include such things as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, or learning);
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.

Virgil Browne Glencoe Charter School recognizes its responsibility to avoid discrimination in policies and practices regarding its students and personnel. No discrimination against any person who is disabled will knowingly be permitted in any of the programs and practices in the school system.

Virgil Browne Glencoe Charter School has specific responsibilities under the Act, including the responsibility to identify, evaluate, and if the child is found to be eligible under Section 504, to afford access to appropriate educational services.

If a parent or guardian disagrees with a determination made by professional school staff, he/she is encouraged to request mediation, however, has the right to a due process hearing.

The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. This Act gives the parent or guardian the right to:

1. Inspect and review his/her child’s educational records;
2. Make copies of those records;
3. Receive a list of all persons having access to those records;
4. Ask for an explanation of any item in the records;
5. Ask for an amendment to any report on the grounds that it is misleading, inaccurate, or violates the child’s rights, and;
6. A hearing on the issue if the school refuses to make the amendment.

If you have questions, please feel free to contact Mr. Michael Parrie, Director, at (337) 923-6900.