Pullman Public Schools

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
(Equity and Civil Rights Office Page 1 of 5)

Every student with a disability is protected from discrimination under federal law— Section 504 of the Rehabilitation Act of 1973. This law prohibits discrimination based on disability in any program or activity that receives funding from the federal government. All Washington state public schools must comply with this federal law. Section 504 requires public schools to provide a "free appropriate public education" (FAPE) to every student with a disability—regardless of the nature or severity of the disability. Under Section 504, schools must provide students with disabilities the accommodations, aids, and services they need to access and benefit from education equally with their peers.

Section 504 defines disability as a physical or mental impairment which substantially limits one or more major life activities. This definition of disability should be interpreted broadly. Major life activities are activities that are important to most people’s daily lives. Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, bending, reading, concentrating, thinking, and communicating are some examples of major life activities. Major life activities also include major bodily functions, such as functions of the digestive, bowel, bladder, brain, circulatory, reproductive, neurological, or respiratory systems. Substantially limits should also be interpreted broadly.

A student’s impairment does not need to prevent, or severely or significantly restrict, a major life activity to be substantially limiting. Evaluate Disability without Mitigating Measures Mitigating measures cannot be considered when evaluating whether or not a student has a substantially limiting impairment. Mitigating measures could include medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications a student uses to eliminate or reduce the effects of an impairment. An impairment that is episodic or in remission remains a disability if, when in an active phase, this impairment substantially limits a major life activity.
 

You have the right to be informed by the school district of your rights under Section 504. This is a notice of you and your child’s rights under Section 504 and the rights you have if you disagree with the school district’s decisions. 

WHAT IS SECTION 504?

Section 504 of the Rehabilitation Act of 1973, commonly called “Section 504,” is a federal law that protects students from discrimination based on disability. Section 504 assures that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities. To be eligible, a student must have a physical or mental impairment that substantially limits one or more major life activity.

YOUR CHILD’S EDUCATION

Your child has the right to:

• Receive a free and appropriate public education.
• Participate in and benefit from the district’s educational programs without discrimination.
• Be provided an equal opportunity to participate in the district’s nonacademic and extracurricular activities.
• Be educated with students who do not have disabilities to the maximum extent appropriate.
• Be educated in facilities and receive services that are comparable to those provided to students without disabilities.
• Receive accommodations and/or related aids and services to allow your child an equal opportunity to participate in school activities.
• Receive educational and related aids and services without cost, except for those fees imposed on the parents of children without disabilities.
• Receive special education services if needed.

YOUR CHILD’S EDUCATIONAL RECORDS

You have the right to:

• Review your child’s educational records and to receive copies at a reasonable cost. You will not be charged if the cost would keep you from reviewing the records. 
• Ask the district to change your child’s education records if you believe that they are wrong, misleading, or are otherwise in violation of your child’s privacy rights. If the district refuses this request, you have the right to challenge the refusal by requesting an impartial hearing.
• A response to your reasonable requests for explanations and interpretations of your child’s education records. 

THE SECTION 504 PROCESS

Your child has the right to an evaluation before the school determines if he or she is eligible under Section 504. You have the right to:

• Receive notice before the district takes any action regarding the identification, evaluation, and placement of your child.
• Have evaluation and placement decisions made by a group of persons, often called a “504 team”, including persons who know your child, the meaning of the evaluation information, and the placement options available.
• Have evaluation decisions based on a variety of sources, such as aptitude and achievement tests, teacher recommendations, physical conditions, medical records, and parental observations. 
• Refuse consent for the initial evaluation and initial placement of your child.

If your child is eligible under Section 504, your child has a right to periodic re-evaluations, including re-evaluations before any significant change is made in your child’s placement. 

IF YOU DISAGREE WITH THE DISTRICT’S DECISION

If you disagree with the district’s decisions regarding your child’s identification, evaluation, educational program, or placement under Section 504, you may request mediation or an impartial due process hearing. You and your child have the right to take part in the hearing and have an attorney represent you. Hearing requests and other concerns can be made to your district’s Section 504 Coordinator: 

Dom Ventresco, Director of Special Services

240 SE Dexter Street, Pullman, WA 99163

(509) 332-3144 or dventresco@psd267.org.

You have the right to file a complaint of discrimination with the U.S. Department of Education’s Office for Civil Rights (OCR), or to file a complaint in federal court. Generally, an OCR complaint may be filed within 180 calendar days of the act that you believe was discriminatory. The regional office is located at 915 Second Ave, Room 3310, Seattle, WA 98174-1099. Phone: 206-607-1600/TDD: 206-607-1647 Website: Office for Civil Rights (OCR)