Section 504
| Melissa Huntsberry 504 Coordinator 240-586-8684 |
Troy Keller Director of Special Education 240-586-8694 |
Section 504 is a federal civil rights and non-discrimination statute designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education. All public schools and school districts, including public charter schools, that receive Federal financial assistance from the Department must comply with Section 504. The law is intended to provide students who are eligible to receive services under Section 504 equal access to the educational environment. This translates into the provision of accessibility, the provision of benefits, services, and aids that are equally effective for people with disabilities and those without, as well as the provision of programs and activities that are otherwise free from discrimination based on disability.
Statement of Nondiscrimination
- The Board of Education of Frederick County (Board) does not discriminate in its employment, programs or activities based on race, religion, color, ancestry, national origin, age, marital status, disability, pregnancy, sexual orientation, gender identity, sex or genetic information.
- The Board is committed to providing students, staff and the community with a safe and supportive environment that fosters mutual respect, equity, inclusion and acceptance of the rich diversity that makes up our community.
- FCPS Section 504 Handbook
- 504 Parent’s Rights in Brief (English and Spanish)
- Summary of Parental Rights (English and Spanish)
All FCPS staff will implement the student’s Section 504 Plan and required accommodations as written by the Section 504 Team. No individual staff member has discretion or authority to alter or otherwise interpret the Section 504 Plan or deny any accommodations granted to the student. FCPS will routinely take steps to ensure staff members are trained in Section 504 rules and procedures. Appropriate FCPS Central Office staff may internally audit a school for Section 504 compliance. The Office for Civil Rights of the U.S. Department of Education has jurisdiction to enforce Section 504 if the school has discriminated, harassed, or retaliated against anyone based on disability.
Section 504 Review Form (Return the completed application via US Mail to: Frederick County Public Schools (FCPS), Attention Section 504 Coordinator, 191 S East Street, Frederick, MD 21701 or email to FCPSSection504@fcps.org.
The Grievance Procedures are outlined in:
- Regulation 400-66 Section 504 of the Rehabilitation Act of 1973 - Implementation Guidelines
- Summary of Parental Rights Handbook
X. Section 504 Procedural Safeguards and Resolution Procedures- FCPS will ensure that all students eligible for Section 504 Plans receive a FAPE in the least restrictive environment.
- Parents shall be notified in writing of final District decisions regarding the identification, evaluation, or educational placement of students with disabilities or suspected disabilities, along with the Section 504 Procedural Safeguards. This notice and the Safeguards will also be provided to students who are entitled to these rights at age 18.
- If a parent, eligible student, or other individual, or other individual is dissatisfied or disagrees with the identification, evaluation, or educational placement/program of a student with a disability under Section 504, or believes the Section 504 Plan has not been implemented or a student has been subject to discrimination due to the student’s disability, they may:
- Request a Section 504 review of the decision by submitting a written request to the District Level Section 504 Coordinator.
- Request a hearing before the Superintendent or an impartial hearing officer. The Superintendent or their designee will appoint the impartial hearing officer.
- Section 504 Review and Informal Mediation
- A parent or eligible student can request a Section 504 review by completing the request for Section 504 Review Form and submitting it to the District Level 504 Coordinator.
- Section 504 reviews are limited to alleged actions that have occurred within one (1) year which, in the absence of federal guidance, aligns to the Maryland Department of Education’s limitation on special education complaints.
- Section 504 reviews may include the utilization of informal mediation.
- Section 504 reviews will be investigated and responded to within thirty (30) days of receipt. The District Level Section 504 Coordinator will issue a written decision.
- Impartial Hearing
- A parent or eligible student can request an impartial hearing before the Superintendent or an impartial hearing officer. Requests for an impartial hearing must be submitted in writing to the District Level 504 Coordinator.
- The parent shall set forth in writing the request for a hearing and include all of the following:
- The circumstances giving rise to the request for a hearing, including all relevant facts;
- The specific issues to be decided at the impartial due process hearing; and
- The relief requested.
- Requests for an impartial hearing must be made in writing and within sixty (60) calendar days from date of the District's written notice of proposed or refused action. Parents may utilize the Section 504 Review Form but are not required to do so as long as the written request provides all relevant information indicated above.
- Any party to an impartial Section 504 hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of the student.
X. Office of Civil Rights (OCR) Complaint. This regulation does not deny the right of a parent or student or other individual to file a formal complaint with the Federal Office of Civil Rights (OCR) if the parent or student or other individual believes that the school system has committed a violation that falls under the jurisdiction of the OCR. Complaints may be filed online.