Section 504 of The Rehabilitation Act 1973 and the Americans with Disabilities Act (ADA)
Section 504 and ADA is an Act which prohibits discrimination against persons with a disability by an institution receiving federal financial assistance. The Act defines a person with a disability as anyone who:
- has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working);
- has a record of such impairment; or
- is regarded as having such an impairment
In order to fulfill obligations under Section 504, the Dubuque Community School District has the responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability should knowingly be permitted in any of the programs and practices of the school system.
The school district has responsibilities under Section 504, which include the obligation to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services.
A parent may request a form to initiate a referral for any student by contacting the principal of any school or the ADA/Section 504 Coordinator. If the parent or guardian disagrees with the determination made by the professional staff of the school district, he/she has a right to a hearing with an impartial hearing officer.
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:
- inspect and review his/her child’s educational records;
- make copies of these records;
- receive a list of all individuals having access to those records;
- ask for an explanation of any item in the records;
- ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights; and
- a hearing on the issue if the school refuses to make the amendment.
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Have a concern?
Report it at:
The person in the Dubuque Community School District who coordinates compliance with Section 504 matters is:
Director of Behavior and Learning Supports
2300 Chaney Road
Dubuque, IA 52001-3095
For more information regarding Section 504 and the Americans with Disabilities Act, please visit the Office for Civil Rights website at www.hhs.gov/ocr.