1. North Muskegon Public Schools does not discriminate against individuals on the basis of handicap. This nondiscriminatory obligation under §504 of the Rehabilitation Act applies to admission or access to, participation in, or treatment or employment in, its programs and activities.

2. As used in this policy and any implementing procedures, "an individual with handicaps" means a person who has, or had, or is regarded as having, a physical or mental impairment that substantially limits one or more of his/her major life activities. An individual with handicaps does not include an individual currently engaging in the illegal use of drugs when the district acts on the basis of such use; or any individual who is an alcoholic or who has a currently contagious disease or infection if current alcohol use or such disease and infection constitutes a direct threat to the property, health, or safety of others or results in the individual being unable to perform the duties of the job.

3. The Board will designate a §504 compliance officer to coordinate the District's efforts to comply with §504 and to investigate and attempt to resolve grievances regarding alleged violations of §504 and this policy. A copy of the Rehabilitation Act of 1973 and §504 implementing regulations may be obtained from the §504 compliance officer.

North Muskegon Public Schools

Notice of Section 504 Due Process Rights

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of a handicap in all programs and activities receiving federal financial aid. The statute defines a "handicapped person" as "any person who has a physical or mental impairment which substantially limits one or more major life activities." Major life activities include: caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. If a student qualifies as a "handicapped person" under Section 504, preschools, school districts, colleges and universities must provide reasonable accommodations in order for the student to benefit equally from their education.

When a student is referred for an evaluation because of suspected handicap, or when a student has been determined to need special instruction or related services, the parent or guardian of that student has certain rights. The purpose of these rights is to help the parent/guardian be sure the student has been correctly identified as handicapped, and the instruction and services are appropriate to meet the student's educational needs.

NOTICE: You have the right to receive notice before the district:
Initiates an evaluation of your child; refuses to evaluate your child; makes a decision as to whether your child is handicapped; and make a decision as to what reasonable accommodations are appropriate to meet your child's educational needs.

CONSENT: You have the right to:
Agree or disagree to the proposed district action in evaluating, identifying your child as handicapped, and determining reasonable accommodations.

QUESTIONING THE DISTRICT'S DECISION: You have the right to:

File a grievance over an alleged violation of Section 504 or the district's 504 policy.
Request mediation or a due process hearing if you question the district's identification, evaluation, instruction and/or services for your child or provision of free appropriate public education. 
Have the hearing conducted by an impartial officer.  
Be accompanied to the hearing and advised by counsel and/or other individuals with special knowledge or training in problems of the handicapped. Have a record of the hearing.  
Obtain written findings of fact and a written decision.  
Appeal to the state education agency and receive a written decision from a state appointed review officer.  
Appeal a decision from the state education agency in court.  
Have your child receive his/her present instruction and/or services during the pendency of the administrative proceeding, unless you and the district agree otherwise.

Following are Section 504 procedures.

Parent, teacher or any staff member requests a 504 meeting.  
504 Coordinator schedules the meeting.  
Documentation of student's eligibility for 504 must be provided. 
Examples are Physician's statement, Psychological report, Occupational Therapist report etc. Professional reports stay current for three years.  
Determination of eligibility is made at the meeting. A student is considered eligible for 504 if they have a physical or mental impairment which substantially limits one or more major life activity. Please refer to your 504 Guidelines for further clarification.  
If a student is considered to be eligible, then the school district must provide accommodations through his/her regular program.  
A 504 Plan is written detailing the accommodations. 
The original stays in the CA-60. Copies are provided for the parent, the building principal, and a copy is sent to me. 
Please make sure that the supporting documentation is attached to each copy.  
It is the responsibility of the 504 Coordinator to ensure that all regular education teachers are aware of any accommodations. 
Reviews with new teachers will be held at the beginning of each school year. If there is disagreement between school district personnel and the parents, then the situation is referred to the District 504 coordinator for final determination. Should disagreement continue - the situation is referred to the Superintendent of Schools for a ruling. Should disagreement continue - the situation is referred to the School Board of Education. Should disagreement continue - the situation is referred to the Office of Civil Rights. However, it should be noted that the parents may call the Office of Civil Rights at any time.