Rehabilitation Act of 1973, Section 504

  • It is the responsibility of the Flagstaff Unified School District to identify and evaluate students who may need special services or programs in order that such student may receive the required free appropriate education. 
     
    A student who may need reasonable accommodations under Section 504 of the Rehabilitation Act of 1973 is one who:
     
    • Has a physical or mental impairment that substantially limits one or more major life activities, including learning; or
    • Has a record of such impairment; or
    • Is regarded as having such impairment. 
     
    Student may be eligible for protections and accommodations under the provisions of Section 504 even though they do not require services pursuant to the Individuals with Disabilities in Education Act (IDEA).  Students who are identified as individuals with exceptional needs, according to IDEA criteria, are not addressed under this policy.   
     
    For more information on Section 504, or if you believe that your child may have a qualifying disability under Section 504, please contact the Section 504 Coordinator at your local school. 

Complaint/Grievance Procedures

  •  The District’s Section 504/ADA Coordinator has been designated to coordinate the efforts of the District to comply with Section 504 and ADA. The Section 504/ADA Coordinator is the Flagstaff Unified Student Support Services Director, Cherise Hovis.  She can be reached at (928) 527-6178, via email at chovis@fusd1.org, or at the FUSD Administrative Offices located at 3285 East Sparrow Avenue in Flagstaff, Arizona.

    Any person who believes she or he has been subjected to discrimination, harassment, or retaliation on the basis of disability may file a grievance under this procedure. The District prohibits retaliation against anyone who files a grievance or cooperates in the investigation of a grievance.

Procedure

    • Grievances must be submitted to the Section 504/ADA Coordinator within sixty (60) calendar days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
    • A complaint should be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought. If the Complainant is unable to put the complaint in writing, the District shall provide reasonable accommodations to assist the Complainant with submission of his/her complaint. (Note: Please see the attached Complaint form, which may be used to file a complaint in conformance with these procedures).
    • The Section 504/ADA Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint, including the opportunity to present witnesses. The Section 504/ADA Coordinator will maintain the files and records of the District relating to such grievances.
    • The Section 504/ADA Coordinator will issue a written decision on the grievance no later than thirty (30) District days after its filing, unless extenuating circumstances require an extension of the 30 day timeline. In such a case, the Section 504/ADA Coordinator (or her/his designee) will communicate with the Complainant concerning the need for an extension.
    • The person filing the grievance may appeal the decision of the Section 504/ADA Coordinator by writing to the District’s Assistant Superintendent of Curriculum and Instruction, within fifteen (15) calendar days of receiving the Section 504/ADA Coordinator’s decision. The Assistant Superintendent of Curriculum and Instruction shall issue a written decision in response to the appeal no later than thirty (30) District days after its filing.
    • The District shall maintain confidentiality as required by the Family Educational Rights and Privacy Act (FERPA).
    • The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Education, Office for Civil Rights.

    The District will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, providing a scribe for submission of the complaint, or assuring a barrier-free location for the proceedings. The Section 504/ADA Coordinator will be responsible for making such arrangements.