Procedurals & Requirements

Procedure One: Written Assurance

Wayne County Public Schools does not discriminate on the basis of race, sex, color, national origin, age, or disability.

Procedure Two: Section 504 Coordinator

Wayne County Public Schools 504 district coordinator is Sherry Montague. The contact information is 919-580-3666. The email address is [email protected]. Each school has a designated 504 chairperson who is knowledgeable of the 504 process in Wayne County Public Schools.

Procedure Three: Grievance Procedures
General Information

If any person believes that a Wayne County Public School or any of its staff have inadequately applied the regulations of Section 504 of the Rehabilitation Act of 1973, he/she may initiate a grievance with the school’s Section 504 chairperson and/or Wayne County Public Schools 504 district coordinator. In addition, the person filing the grievance can also make a complaint to the regional office of U.S. Department of Education’s Office for Civil Rights (OCR) without going through the Wayne County Public Schools grievance procedure. The grievance procedures are meant to provide for a prompt and equitable resolution of a complaint.

Please refer to Wayne County Public Schools Policy Code: 1730 Nondiscrimination on the Basis of Disabilities.

Federal Complaint Procedures (Formal)

The complainant may file a complaint with the Office for Civil Rights (OCR) at any time before, during or after the local grievance procedures. The contact information for the regional office is as follows:

U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C.
(800)421-3481 TTD (877)521-2172

Due Process

Due process is defined as an opportunity to resolve a dispute between parents and schools over the decisions made and/or procedures used by the school under Section 504. Wayne County Public Schools ensures a Section 504 due process hearing may be called at the request of the school or a parent, guardian, or surrogate parent of the student. Wayne County Public Schools will notify parents or guardians of their right to request a hearing regarding a dispute over the identification, evaluation or educational placement of student with disabilities being served or considered for Section 504.

Procedure Four: General Notice to Students, Parents, Employees and Other Individuals (34 CFR, 104.8)

Wayne County Public Schools does not discriminate on the basis of race, sex, color, national origin, age, or disability in admission or access to, or treatment or employment in, its programs and activities.

Any person having inquiries concerning the district’s compliance with the regulations implementing Section 504 is directed to contact the following individual who has been designated by Wayne County Public Schools to coordinate efforts to comply with the regulations regarding nondiscrimination:

Name: Sherry Montague
Title: Wayne County Public Schools District 504 Coordinator
Phone: 919-580-3666

Procedure Five: Child Find (34 CFR, 104.32(a))

Wayne County Public Schools maintains an ongoing program to find unserved children who might qualify for a Section 504. This is known as Child Find.

Procedure Six: Notice to Parents and Individuals with Disabilities (34 CFR, 104.32(b))

Wayne County Public Schools adheres to the programs for Students with Disabilities under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination against persons with a disability in any program receiving federal financial assistance. Section 504 defines a person with a disability as anyone who…

Has a mental or physical impairment which substantially limits one or more major life activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sleeping, standing, lifting, reading, concentrating, thinking, communicating, helping, eating, bending, or operation of a bodily function.

Wayne County Public Schools has the responsibility to provide accommodations and services to eligible individuals with disabilities. Wayne County Public Schools acknowledges its responsibility under Section 504 to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability shall knowingly be permitted in any program or practice in the school.

Procedure Seven: Parent and Student Rights under Section 504 (34 CFR, 103.36)

Wayne County Public Schools recognizes student and parent rights under Section 504. The intent of the law is to keep students and parents fully informed concerning decisions about the student and inform parents of their rights if the parent disagrees with any part of the Section 504 plan. The following are student and parent rights Wayne County Public Schools provides.

•Have your child take part in and receive benefits from public education programs without discrimination based on a disability.
•Receive notice with respect to identification, evaluation, program or placement of your child.
•Have your child receive a free appropriate public education (FAPE). This includes the right to be educated with other students to the maximum extent appropriate. It also includes the right to have the school make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
•Have your child educated in facilities and receive services comparable to those provided for students without disabilities.
•Have evaluation, educational and placement decisions made based upon a variety of information sources and by individuals who know the student, disability, evaluation data and placement options.
•Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by the school.
•Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement.
•File a local grievance with your school if you feel your child is being discriminated against because of their disability.
•Request a due process hearing to help resolve issues with the school.
•File a formal complaint with the regional Office for Civil Rights. The office is part of the U.S. Department of Education. The regional office is located at 400 Maryland Avenue, SW, Washington, D.C. 20202-1100.

Procedure Eight: Self-Evaluation (34 CFR, 104.6(b))
Wayne County Public Schools completes a self-evaluation to determine possible discrimination involving a school facilities, programs, activities and policies as a requirement of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

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