Chagrin Falls Exempted Village Schools
Notice of Parent and Student Rights
Section 504 and the Americans with Disabilities Act
You have the right to be informed by the school district of your rights under Section 504 and the ADA.
Your child has the right to an appropriate education designed to meet his or her individual needs as adequately as the needs of nondisabled students are met.
Your child has the right to free educational services except for those fees that are imposed on nondisabled students or their parents.
Your child has a right to facilities, services, and activities that are comparable to those provided nondisabled students.
Your child has a right to an evaluation prior to an initial 504/ADA placement and any subsequent significant change in placement. If eligible under 504/ADA, your child has a right to periodic reevaluations, generally every three years.
Testing and other evaluation procedures must conform with the requirements of 34 CFR 104.35 including validation, administration, and areas of evaluation. The district shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior.
Placement decisions must be made by a group of persons including persons knowledgeable about your child which also includes the parents or guardians, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment equal opportunity to participate in extracurricular activities and comparable facilities.
If eligible under 504/ADA, your child has a right to periodic reevaluations, generally every three years.
You have the right to notice prior to any action by the district in regard to the identification, evaluation, or placement of your child.
You have the right to examine relevant records.
You have the right to an impartial hearing with respect to the district's actions regarding your child's identification, evaluation, or educational placement, with the opportunity for parental participation in the hearing and representation by an attorney.
If you wish to challenge the actions of the 504 committee in regard to your child's identification, evaluation, or educational placement, you may file a written request for due process with the district's 504 Compliance Officer. A hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing. Mediation instead of a hearing may occur if mediation is agreed to by the School District and the parent or guardian.
On 504 matters other than your child's identification, evaluation, and placement you have a right to file a complaint with the district's 504 Compliance Officer, who will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution. The address of the 504 Compliance Officer is 400 East Washington Street, Chagrin Falls, OH 44022.
The telephone number of the 504 Compliance Officer is 440.247.4564.
You also have a right to file a complaint with the Regional Office of Civil Rights, 600 superior Avenue East, Suite 750, Cleveland, OH 44114-2611.
What is Section 504?
Section 504 is a federal statute that prohibits discrimination against persons with disabilities in any program receiving federal financial assistance.
When does a student qualify as having a disability under Section 504?
A student who has a physical or mental impairment which substantially limits one or more of life activities, has a record of such impairment, or is regarded as having such impairment.
What is a major life activity?
Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.
What is “record” of impairment?
It may include a history of impairment and/or a diagnosis or assessment of impairment.
What is the difference between Section 504 and IDEA?
Section 504 requires reasonable accommodation to ensure nondiscrimination against students with disabilities. IDEA requires affirmative action in providing special education and related services. IDEA compliance involves special education while Section 504 is a regular education initiative.
For More Information
Contact your child’s school guidance counselor for further information about this and other considerations for children with disabilities.