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Section 504 / Americans with Disabilities Act

Notice of Nondiscrimination

Applicants for admission and employment, students, parents, persons with disabilities, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the South Summit School District are hereby notified that this district 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.

Other pages on specific information

Section 504 Parent Notification Section 504 Parents Rights Grievance Procedure

Any person having inquiries concerning the district’s compliance with the regulations implementing Title VI, Title IX, The Americans with Disabilities

Act (ADA) or Section 504 is directed to contact the following individual who has been designated by the school to coordinate efforts to comply with the regulations regarding nondiscrimination.

South Summit High School
45 South 300 East
Kamas, Utah 84036
Principal: Wade Woolstenhulme
(435) 783-4313

South Summit Middle School
355 East 300 South
Kamas, Utah 84036
Principal: Steve Camp
(435) 783-4341

South Summit Elementary School
535 East 300 South
Kamas, Utah 84036
Principal: Louise Willoughby
(435) 783-4318

South Summit School District
285 East 400 South
Kamas, Utah 84036
Superintendent: Shad Sorenson
Human Resources: Lucinda Josie
(435) 783-4301

(Revised: 9-July-2015)


504 Parent Notification

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.

The school district has the responsibility to provide accommodations and services to eligible individuals with disabilities. The district 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.

If you think that your child may have disability or physical impairment please contact your school administrator for more information on services provided to students with disabilities.


Family Education Rights And Privacy Act

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:

  1. The right to inspect and review the student's education records within 45 days of the day the School receives a request for access.

Parents or eligible students should submit to the School principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The School official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

  1. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.

Parents or eligible students who wish to ask the School to amend a record should write the School principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

  1. The right to privacy of personally identifiable information in the student's education records, except to the extent that FERPA authorizes disclosure without consent.

One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

[Optional] Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student's enrollment or transfer. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Release of Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that South Summit School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, the district may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the South Summit School District to include this type of information from your child's education records in certain school publications. Examples include:

  • A playbill, showing your student's role in a drama production;
  • The annual yearbook;
  • Honor roll or other recognition lists;
  • Graduation programs; and
  • Sports activity sheets, such as for wrestling, showing weight and height of team members

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks and Division of Child and Family Services. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories—names, addresses and telephone listings—unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.

If you do not want South Summit School District to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing by August 1 st of each school year.

South Summit School District has designated the following information as directory information:

  • Student's name
  • Address
  • Telephone listing
  • Electronic mail address
  • Photograph
  • Date and place of birth
  • Major field of study
  • Dates of attendance
  • Grade level
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees, honors, and awards received
  • The most recent educational agency or institution attended
  • Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password etc.

504 Parent Rights

A student is entitled to a Section 504 Accommodation Plan if they have been

  1. Identified and the evaluation shows that the individual has a mental or physical impairment that substantially limits one or more major life activities.
  2. He or she has a record of such impairment.
  3. Is regarded as having such impairment.

The determination is made by a team of knowledgeable individuals, including teachers, counselors, administrators, and parents who are familiar with the student and his or her disability.

A 504 Accommodation Plan is not a plan designed to enhance a student’s performance. It is a plan to provide fairness and equal access to education. The student must be evaluated and meet the Section 504 identification criteria.

The following is a description of some student and parent rights under Section 504 and other federal laws. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

  • 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 and or district.
  • File a formal complaint with regional Office of Civil Rights. The regional office is located at:

Office for Civil Rights
U.S. Department of Health and Human Services
999 18th Street, Suite 417
Denver, CO 80202
Voice Phone (800) 368-1019


Grievance Procedures

It is the policy of the South Summit School 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 action prohibited by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial funds.

PROCEDURE:
  • Grievances must be submitted to the Section 504 Coordinator (School Principal) within forty-five (45) calendar days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
  • A complaint must 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.
  • The Section 504 Coordinator (or his/her designee) shall conduct an investigation of the complaint. The investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint.
  • The 504 Coordinator will maintain the files and records relating to such grievances.
  • The Section 504 Coordinator will issue a written decision on the grievance no later than thirty (30) calendar days after its filing.
  • The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the Superintendent or his/her designee within fifteen (15) calendar days of receiving the Section 504 Coordinator’s decision. The Superintendent or his/her designee, shall issue a written decision in response to the appeal no later than thirty (30) calendar days after its filing.
  • 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:

Office for Civil Rights
U.S. Department of Health and Human Services
999 18th Street, Suite 417
Denver, CO 80202