Notice Of Rights And Procedural Safeguards (Section 504)

The Liverpool Central School District (the “District”) does not discriminate on the basis of race, color, religion, sex, age, national origin, or disability in admission, access, treatment, or employment in its programs, services, and activities. Applicants, students, parents/guardians, employees, referral agencies, and all organizations holding agreements with the District are hereby notified of this policy. Any person with concerns regarding the District’s compliance with Section 504 is directed to contact:

Harmony Booker-Balintfy
Associate Director of Equity, Assessment and Accountability
315-622-7153
E-mail Harmony Booker-Balintfy

This document summarizes the procedural protections and rights you have as the parent of a student who may qualify for accommodations or services under Section 504.

A. Notice

Parents of a student with a disability must be notified with respect to any proposed actions regarding the identification, evaluation, or educational placement of their child. The notice shall explain the action the District proposes or declines to take and the reasons why it has decided to proceed in that fashion. The notice shall be detailed enough to allow parents to meaningfully evaluate whether they wish to consent to the proposed action, refuse to act, or request due process. The notice shall be accompanied by this Section 504 Procedural Safeguards notice.

B. Opportunity to Examine Relevant Records

Parents have the right to examine the records of their child relating to the referral, evaluation, development and implementation of their child’s Section 504 Plan in accordance with District procedures.

C. Impartial Hearing Procedure

Parents may initiate complaints regarding the identification, evaluation, or educational placement of persons who, because of a Section 504 disability, need or are believed to need special instruction or related services. The request must be made in writing and must be received by the Superintendent within ten (10) calendar days of the date of the decision challenged by the parent. The District’s due process procedures may be obtained by contacting the District’s Superintendent.

D. Review Procedure

The impartial hearing officer’s decision may be appealed to the Board of Education. Such appeals shall be made in writing within thirty (30) calendar days of the date of the decision of the impartial hearing officer. The Board of Education shall act on the appeal within thirty (30) calendar days of receipt of the appeal request.

E. Filing a Complaint With The United States Department of Education, Office For Civil Rights

Any parent with a complaint regarding the District’s compliance with Section 504 may file a complaint with the Office for Civil Rights of the United States Department of Education. The address for the Regional Office that investigates complaints involving New York residents is:

Region II – New York (New Jersey, New York, Puerto Rico, Virgin Islands)
Linda Colon, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services
Jacob Javits Federal Building
26 Federal Plaza - Suite 3312
New York, NY 10278
Voice Phone (800) 368-1019
FAX (212) 264-3039
TDD (800) 537-7697

F. Grievance Procedure

It is the policy of the District not to discriminate on the basis of disability. The District has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any discrimination on the basis of disability. Any person who believes that he or she has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the District to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. The District’s grievance procedure may be obtained by contacting:

Harmony Booker-Balintfy
Associate Director of Equity, Assessment and Accountability
315-622-7153
E-mail Harmony Booker-Balintfy