SECTION 504 OF THE REHABILITATION ACT OF 1973 SCHOOL DISTRICT:Mt.
SECTION 504 OF THE REHABILITATION ACT OF 1973
SCHOOL DISTRICT:Mt. Vernon School District
DATE: October 2020
Section 504 is an Act which prohibits discrimination against individuals with disabilities in any program receiving federal financial assistance. The Act defines a person with a disability as anyone who:
1. 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);
2. has a record of such impairment; or
3. is regarded as having such impairment.
In order to fulfill obligations under Section 504, the Mt. Vernon Public 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 program 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 provide appropriate educational services. 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 specify 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 these records; 3) receive a list of all individuals having access to those records; 4) ask for an explanation of any item in the records; 5) ask for an amendment of any report on the grounds that it is inaccurate, misleading, or violates the child's rights; and 6) a hearing on the issue if the school refuses to make the amendment.
If there are questions, please feel free to contact Tonia Pranger, Section 504 Coordinator at (605) 236-5237.
Family Educational Rights and Privacy Act (FERPA) Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the Mt. Vernon School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, Mt. Vernon School District may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Mt. Vernon School District to include this type of information from your child's education records in certain school publications.
Examples include:
•A playbill, showing your student's role in a drama production;
•The annual yearbook
•Honor roll or other recognition lists;
•Graduation programs; and
•Sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent. 1
If you do not want the Mt. Vernon School District to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing. The Mt. Vernon School District has designated the following information as directory information:
-Student's Name
-Address
-Telephone listing
-Electronic mail address
-Photograph
-Date and place of birth
-Major field of study
-Dates of attendance
-Grade level
-Participation in officially recognized activities and sports
-Weight and height of members of athletic teams
-Degrees, honors, and awards received
-The most recent educational agency or institution attended.
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1These laws are: Section 9528 of the ESEA (20 U.S.C. 7908)
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
[NOTE: In addition, a school may want to include its directory information public notice, as required by 99.37 of regulations, with its annual notification of rights under FERPA]
CHILD FIND NOTIFICATION
PUBLIC NOTICE
Education Act for All Handicapped Children Act (EAHCA), P.L. 94-142 and Individuals with Disabilities Education Act (IDEA), P.L.101-476, 1997.
Pat Mikkonen, Superintendent of the Mt. Vernon School District, in order to fulfill obligations of the Education for All Handicapped Children Act (EAHCA, P.L. 94-142) and the Individuals with Disabilities Education Act (IDEA, P.L. 101-476) is required to inform and provide full educational opportunities to all individuals with disabilities ages birth through twenty-one.
The Mt. Vernon School District, in conjunction with the CORE Educational Cooperative, has developed a system to identify, locate and evaluate individuals in need of special education or special education and related services. This Public Awareness Notice is to inform Parents and other interested individuals/agencies that individuals residing within the Jurisdictions of the Mt. Vernon School District, ages birth through 21, are to be included regardless of the severity of their disability. This includes individuals in all public and private agencies and institutions within the legal boundaries of the Mt. Vernon School District.
Anyone that is aware of a child who may benefit from special education and related services is encouraged to call or write the Mt. Vernon School District Superintendent.
CORE Educational Cooperative personnel specialize in assisting Mt. Vernon School District in the delivery of special education and related services.
The Birth to Three Service Coordinator, in conjunction with child identification process with the local school district, announces child identification awareness for children Birth through age two. These referrals should be directed to Shannon Nelson, Single Point of Contact, at (605) 202-0100 or (605) 337-3178 Fax (605) 337-3180. The purpose of the child identification process is to identify children, birth through age two, which may need services due to a disability or developmental delay.
Anyone who would like assistance with a possible referral or services should contact the Mt. Vernon School District, PO Box 46, phone number (605) 236-5237. You may also contact Valerie Johnson, the Director of the Core Educational Cooperative, at P.O. Box 518, Platte, South Dakota, 57369, phone number (605) 337-3178.
If you have a child who has delays which would qualify him/her for this program, please contact your school administration. The school believes that through early intervention a child may be better able to reach his/her potential.
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