Americans with Disabilities Act & Section 504 of the Rehabilitation Act of 1973
Under Section 504, you have the right:
- To be informed of your rights under Section 504;
- To have your child take part in and receive benefits from the Naugatuck School District’s education programs without discrimination based on his/her disability.
- For your child to have equal opportunities to participate in academic, nonacademic and extracurricular activities in your school without discrimination based on his/her disability;
- To be notified of decisions and the basis for decisions regarding the identification, evaluation, and educational placement of your child under Section 504;
- If you suspect your child may have a disability, to request an evaluation, at no expense to you and to have an eligibility determination under Section 504 (and if eligible, placement decisions made) by a team of persons who are knowledgeable of your child, the assessment data, and any placement options;
- If your child is eligible for services under Section 504, for your child to receive a free appropriate public education (FAPE). This includes the right to receive regular or special education and related services that are designed to meet the individual needs of your child as adequately as the needs of students without disabilities are met;
- For your child to receive reasonable accommodations and services to allow your child an equal opportunity to participate in school, extra-curricular and school-related activities;
- For your child to be educated with peers who do not have disabilities to the maximum extent appropriate;
- To have your child educated in facilities and receive services comparable to those provided to non-disabled students;
- To review all relevant records relating to decisions regarding your child’s Section 504 identification, evaluation, and educational placement;
- To examine or obtain copies of your child’s educational records at a reasonable cost unless the fee would effectively deny you access to the records;
- To request changes in the educational program of your child, to have your request and related information considered by the team, a decision made by the team, and if denied, an explanation for the team’s decision/determination;
- To request an impartial due process hearing if you disagree with the school district’s decisions regarding your child’s Section 504 identification, evaluation or educational placement. The costs for this hearing are borne by the local school district. You and the student have the right to take part in the hearing and to have an attorney represent you at your expense;
- To file a local grievance/complaint with the district’s designated Section 504 Coordinator to resolve complaints of discrimination including, but not limited to, claims of discrimination directly related to the identification, evaluation or placement of your child; and
- To file a formal complaint with the U.S. Department of Education, Office for Civil Rights.
The Section 504/ADA Coordinator for this district is:Christopher Montini, Assistant Superintendent of Schools
497 Rubber Avenue
For additional assistance regarding your rights under Section 504 and Title II of the Americans with Disabilities Act, you may contact:Office for Civil Rights, Boston Office
U.S. Department of Education
5 Post Office Square
Boston, MA 02109-0111
Connecticut State Department of Education
Complaint Resolution Procedure
Elementary and Secondary Education Act
34 Code of Federal Regulations (CFR) Part 299(10)(a)
Filing of Complaint
Violation of Law
A written complaint may be filed by an organization or individual with the Connecticut Commissioner of Education alleging that the state educational agency (SEA) or an agency or consortium of agencies is violating a federal statute or regulation that applies to the following applicable programs:Part A of Title I (Improving Basic Programs Operated by Local Educational Agencies).
- Part B, Subpart 1 of Title I (Reading First).
- Part B, Subpart 3 of Title I (Even Start Family Literacy Programs).
- Part D of Title I (Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out).
- Part A of Title II (Teacher and Principal Training and Recruiting Fund).
- Part D of Title II (Enhancing Education through Technology).
- Part A of Title III (English Language Acquisition, Language Enhancement, and Academic Achievement Act).
- Part B, Subpart 4 of Title III (Emergency Immigrant Education Program).
- Part A of Title IV (Safe and Drug-Free Schools and Communities).
- Part A of Title V (Innovative Programs).
Review of an Appeal
Content of Complaint
- A statement that the SEA or an agency or consortium of agencies has violated a requirement of federal statutes or regulation regarding the applicable program, or in the case of an appeal, a statement of aggrievement with the decision rendered by the agency or consortium of agencies based on a prior written complaint.
- A clear and concise description of the facts on which the statement is based and the specific alleged violation or aggrievement.
- A description of prior efforts to resolve the complaint, including information demonstrating that the SEA, agency or consortium of agencies has taken action adverse to the complaint or has refused or failed to take action within a reasonable period of time.
- Complainant's and respondent's name, address and telephone number.
- Other materials or documents containing information which support or clarify the statement.
Review of Complaint
Dismissal of Complaint
- Failure to file a proper complaint pursuant to Section I.
- The allegations fail to state a bona fide violation of federal statute or regulations by the SEA or an agency or consortium of agencies.
- The allegations fail to state a bona fide aggrievement with the decision rendered by an agency or consortium of agencies based on prior written complaint.
- The allegations were not caused by the actions or failure to act by the SEA, agency or consortium of agencies.
Notification of Complaint and Investigation
If a complaint is not dismissed, the review official shall forward the complaint to the respondent immediately along with a copy of the Complaint Resolution Procedures.
Response to Complaint
Within 10 business days of the receipt of the complaint from the review official, the respondent shall file with the Commissioner a written response to the complaint.
Content of Response
- Review all of the appropriate records and determine whether the decision of the agency or consortium of agencies shall be affirmed, reversed or modified.
- Draft a letter of review of an appeal addressing, but not limited to, the issue in dispute, the facts found, the affirmation, reversal or modification of the lower decision and recommendation for improved practices, policies or procedures.
Pursuant to 34 CFR 99-35(a) the review official, acting on behalf of the SEA, is authorized to have access to education records in connection with an evaluation of federal or state-supported education programs or for the enforcement of or compliance with federal legal requirements which relate to those programs.
Independent On-Site Investigation
Any on-site visit shall be coordinated with the respondent.
Complaint Investigation Report
The Complaint Investigation Report shall be completed by the review official and mailed to the parties within 60 calendar days of the receipt of the complaint by the SEA. The Commissioner may grant an extension for the completion of the report on written request of the review official or respondent if exceptional circumstances exist with respect to the particular complaint. Such extension shall be in writing and shall be mailed to the parties.
The report shall contain the following contents:
- Summary of all investigation activities including, but not limited to, date of receipt of complaint, allegations, parties interviewed, documents received and dates of on-site visits.
- Specific allegation of the complaint, the findings of fact, conclusions and final decisions rendered regarding each allegation, including citation to applicable federal statute or regulation.
- Specific corrective action plan that resolves the complaint or ensures future compliance of the respondent regarding the violation of federal statute or regulation.
- Recommendations for improved practices, policies or procedures shall be offered when no violation of federal statute or regulation is found.
Corrective Action Plan
Review of Final Decision