Section 504 of the Rehabilitation Act of 1973
The following is a description of the rights granted by law to students identified as disabled under Section 504 of the Rehabilitation Act of 1973. 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.
You have the right to:
- Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disabling condition(s)
- Have the school district advise you of your rights under federal law
- Receive prior notice with respect to identification, evaluation, or placement of your child
- Have your child receive a free appropriate education (FAPE) (This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the school district 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 to non-disabled students
- Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973
- Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options
- Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district
- Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district through the provision of reasonable accommodations
- Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement
- Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records
- A response from the school district to reasonable requests for explanations and interpretations of your child’s records
- Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child (If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing.)
- Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement (You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to the Assistant Superintendent of Schools.)
- Ask for payment of reasonable attorney fees if you are successful on your claim
- File a local grievance
The Kearney School District (KSD) Superintendent of Schools is responsible for assuring that the district complies with Section 504. The superintendent can be reached c/o the Director of Special Programs at phone number 816-628-2653.
The Board of Education (BOE) believes in the right of every student to receive equal opportunities in all educational programs and activities conducted by the school district. The Board also believes in the right of every qualified individual to accept fair and equal treatment both as applicants for employment and as employees. It is the policy of the Board to accord equal consideration and impartial treatment regardless of race, color, national origin, ancestry religion, socio-economic status, marital status, sex, age, handicapping conditions or organizational memberships. This policy will prevail in all matters concerning the staff, the students, the public, the educational programs and services of the district and individuals with whom the Board does business. The Board has designated Jeff Morrison, Assistant Superintendent for Human Resources and Student Services, to act as the district’s nondiscrimination compliance coordinator. Any person with a comment or concern may contact the coordinator at the KSD BOE office, 150 W. State Route 92, Kearney, MO 64060. The telephone number is (816) 628-4116. No person shall suffer reprisals as a result of having initiated or presented a grievance.
The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students over 18 years of age certain rights with respect to educational records. These rights include:
- 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/guardians or eligible students should submit to the 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/guardian or eligible student of the time and place where the records may be inspected.)
- The right to request the amendment of the student’s education record(s) that the parent/guardian or eligible student believes is/are inaccurate or misleading (Parents/guardians or eligible students may ask the school to amend a record they believe to be inaccurate or misleading. They should write the school official, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. If the school decides not the amend the record as requested by the parent/guardian or eligible student, the school will notify the parent/guardian or eligible student of the decision and advise them of their right to a hearing regarding the request for the amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.)
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes the disclosure without consent as referenced in Policy JO Student Records (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 district as an administrator, supervisor, instructor, or support staff member [including health or medical staff and law enforcement personnel]; a person serving on the School Board; a person with whom the district has contracted to perform a special task [such as an attorney, auditor, medical consultant, or therapist]; or a parent/guardian or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.)
- 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 Officer, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202- 4605.)
The KSD BOE is committed to maintaining a workplace and educational environment that is free from illegal discrimination or harassment in admission or access to, or treatment or employment in, its programs, activities and facilities. Discrimination or harassment against employees, students or others on the basis of race, color, religion, sex, gender identity or sexual orientation, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law is strictly prohibited in accordance with the law. KSD is an equal opportunity employer. Students, employees and others will not be disciplined for speech in circumstances where it is protected by law.
The Board also prohibits:
- Retaliatory actions including, based on making, but not limited to, acts of intimidation, threats, coercion or discrimination against those who:
- Make complaints of prohibited discrimination or harassment
- Report prohibited discrimination or harassment
- or based on Participate in an investigation, formal proceeding or informal resolution, whether conducted internally or outside the district, concerning prohibited discrimination or harassment.
- Aiding, abetting, inciting, compelling or coercing discrimination or harassment, or retaliatory action.
- Discrimination or harassment against any person because of such person’s association with a person protected from discrimination or harassment due to one (1) or more of the above-stated characteristics.
All employees, students and visitors must immediately report to the district for investigation any incident or behavior that could constitute illegal discrimination or harassment. No person shall suffer reprisals as a result of having initiated or presented a grievance.
This notice is available in large print or audiotape from the Title VI, IX or Section 504/ADA compliance coordinator. Any person may also contact the Assistant Secretary for Civil Rights, U.S. Department of Education, regarding Kearney’s compliance with the regulations implementing Title IX.
Grievance – A verbal or written report (also known as a complaint) of discrimination or harassment made to the compliance officer:
- Zach McMains, Assistant Superintendent for Human Resources, 150 W State Route 92, Kearney, MO 64060, Phone (816) 628-4116, Fax (816) 628-4074
The reporting process is set out more fully in Policy AC, and a copy is available for your review in the KSD BOE office and at www.ksdr1.net.
NCLB/Part B Grievance Plan
- Level I – A grievance is filed with the district's compliance officer. The compliance officer may, at his or her discretion, assign a school principal or other appropriate supervisor to conduct the investigation when appropriate. The compliance officer for Federal Programs is the Director of Special Education. The office is located at The Board of Education Office. A grievance form can be requested in person, by phone, or by email. Contact information is 150 W State Route 92, Kearney, MO, 64060, 816.628.2653.
Regardless of who investigates the grievance, an investigation will commence immediately, but no later than ten (10) working days after the compliance officer receives the grievance. The compliance officer will complete a written report within 30 working days of receiving the grievance that 1) summarizes the facts; 2) makes conclusions on whether the facts constitute a violation of this policy; and 3) if a violation of this policy is found, recommends corrective action to the superintendent. If someone other than the compliance officer conducts the investigation, the compliance officer or acting compliance officer will review and sign the report. The person who filed the grievance will be notified in writing, in accordance with law and district policy, regarding whether the policy has been violated.
- Level II – Within five (5) working days after receiving the Level I decision, the person filing the grievance may appeal the compliance officer’s decision to the superintendent by notifying the superintendent in writing. The superintendent may, at his or her discretion, designate another person (other than the compliance officer) to review the matter when appropriate.
Within ten (10) working days, the superintendent will complete a written decision on the appeal, stating whether a violation of this policy is found and, if so, stating what corrective actions will be implemented. If someone other than the superintendent conducts the appeal, the superintendent will review and sign the report before it is given to the person appealing. A copy of the appeal and decision will be given to the compliance officer or acting compliance officer. The person who filed the grievance will be notified in writing, in accordance with law and district policy, regarding whether the policy has been violated.
- Level III – Within five (5) working days after receiving the Level II decision, the person filing the grievance may appeal the superintendent’s decision to the Board by notifying the Board secretary in writing. The person filing the grievance will be allowed to address the Board, and the Board may call for the presence of such other persons deemed necessary. The Board will issue a decision within 30 working days for implementation by the administration. The Board’s decision and any actions taken are final. The Board secretary will give the compliance officer or acting compliance officer a copy of the appeal and decision. The person who filed the grievance will be notified in writing, in accordance with law and district policy, regarding whether the policy has been violated.
Grievance Process Overview
- If a person designated to hear a grievance or appeal is the subject of the grievance, the next highest step in the grievance process will be used.
- Investigation and reporting deadlines are not mandatory upon the district when more time might be necessary to adequately conduct an investigation and to render a decision. When extended, the person filing the complaint will be notified. If more than twice the allotted time has expired without a response, the appeal may be taken to the next level.
- Failure of the person filing the grievance to appeal within the timelines given will be considered acceptance of the findings and remedial action taken.
- The district will investigate all grievances, even if an outside enforcing agency such as the Office for Civil Rights, law enforcement or the CD is also investigating a complaint arising from the same circumstances.
- The district will only share information regarding an individually identifiable student or employee with the person filing the grievance or other persons if allowed by law and in accordance with Board policy.
- Upon receiving a grievance, district administrators or supervisors, after consultation with the compliance officer, will take immediate action if necessary to prevent further potential discrimination or harassment during the pending investigation.
- Additional information regarding district-wide policies and practices for filing grievances can be found by reviewing District Board Policy AC: Critical.
Critical Need/Shortage Occupations:
Recent legislation, section 167.902 RSMo, requires that the department of economic development shall annually identify occupations in which a critical need or shortage of trained personnel exists in the labor markets in this state and provide such information to the state board of education. Upon receipt of such data, the state board of education shall, in collaboration with the department of economic development, compile the following data and information:
- Information on how to obtain industry-recognized certificates and credentials;
- Information on how to obtain a license and the requirements for a license when licensure is required for an occupation;
- Access to assessments and interest inventories that provide insight into the types of careers that would be suitable for students;
- Resources that describe the types of skills and occupations most in demand in the current job market and those skills and occupations likely to be in high demand in future years;
- Resources that describe the typical salaries for occupations and salary trends;
- Information on how to obtain financial assistance for postsecondary education;
- Information on how to choose a college, school, or apprenticeship that aligns with the student's career goals and values;
- Information on self-employment;
- Resources related to creating a resume, interviewing, networking, and finding job opportunities; and
- Information on the skills and traits necessary to succeed in various careers.
The educational materials and data derived from the state board of education's collaboration with the department of economic development under subsection 1 of this section shall be distributed by the board to each high school in this state for the purpose of emphasizing areas of critical workforce needs and shortages in the labor markets in this state to high school students to support such students' career pathway decisions. Each high school shall provide its students with the information provided to the school by the state board of education before November first of every school year.
1. Information on how to obtain industry-recognized certificates and credentials
Career centers across the state provide training on a variety of occupations, including those occupations in which a critical need or shortage of trained personnel exists in the labor market of Missouri. Training in most of these occupations results in industry-recognized credentials and certificates that are valued by employers. The map found at this link has connections to each career center. Individuals and schools are encouraged to contact their local career center to determine what occupational training is available and to get information on licensing requirements.
Missouri Public School Career Centers Map
2. Information on how to obtain a license and the requirements for a license when licensure is required for an occupation
Information on how to obtain industry-recognized certificates and credentials
Information on how to obtain a license and the requirements for a license when licensure is required for an occupation
3. Access to assessments and interest inventories that provide insight into the types of careers that would be suitable for students
4. Resources that describe the types of skills and occupations most in demand in the current job market and those skills and occupations likely to be in high demand in future years
5. Resources that describe the typical salaries for occupations and salary trends
6. Information on how to obtain financial assistance for postsecondary education
7. Information on how to choose a college, school, or apprenticeship that aligns with the student's career goals and values
8. Information on self-employment
9. Resources related to creating a resume, interviewing, networking, and finding job opportunities
10. Information on the skills and traits necessary to succeed in various careers
Information on the above (3-10) can be found at Missouri Connections
- MERIC Occupations Studies Several resources can be found on the MERIC site including occupational data, career resources, target industry real time briefs, and workforce studies are found.
- MERIC Industry Studies Resources including information on employment and projections, industry and business in Missouri, industry clusters, target industry briefs, information on exports, and various special projects can be found here.
- Critical Shortage Areas: MERIC 2016-2026 Statewide Industry Projections
- Each year the Department of Workforce Development provides DESE with a list of high-demand occupations that require more than a high school diploma and less than a bachelor’s degree. Many of these programs are provided at local high schools and area career centers as well as at the community college level.
High Demand Occupations for individuals with at least a high school education and less than a bachelor’s degree.
A hearing will be held at 7:00 p.m., September 21, 2022 at the Early Education Center, 150 West State Route 92, at which time citizens may be heard on the property tax rates proposed to be set by the Kearney R-I School District. The tax rates are set to produce the revenues which the budget for the fiscal year beginning July 1, 2022 will show to be required from the property tax. Each tax rate is determined by dividing the amount of revenue needed by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation.
The letter linked below includes important information from Missouri’s Department of Elementary and Secondary Education and Department of Social Services regarding Pandemic Electronic Benefit Transfer (P-EBT) benefits, both for the 2021-22 School Year and Summer 2022. Please carefully review this information, as eligibility criteria have changed.
In essence, this program reimburses qualified families for school meals their child may have missed due to absences caused by COVID-19.
DO NOT CONTACT KEARNEY SCHOOL DISTRICT OR YOUR SCHOOL FOR QUESTIONS ABOUT YOUR P-EBT CARD OR BENEFITS. You can use the online chat feature at mydss.mo.gov or call (855) 373-4636.
DOWNLOAD: P-EBT Letter to Families
(NOTE: Please email KSD Data Coordinator at email@example.com if you have questions about your child’s COVID-related absences during the 2021-2022 academic year.)
Filing will open on Dec. 6, 2022 at 8 a.m. The Kearney R-1 School District administrative office at 425 W. Washington St., Kearney, Missouri is designated as the location for filing; further, the times for filing will be between office hours of 8 a.m. and 4 p.m. weekdays, noting that the filing location will close on Dec. 16 at 1 p.m. and remain closed until Dec. 27 at 8 a.m. The administrative office will be open for filing on Dec. 27 from 8 a.m. to 5 p.m. Filing will close on Dec. 27 at that time as required by law. Filing will not occur on days that the schools are closed for inclement weather. In the event the district is closed due to a public health-related event, other than on the first day of filing, filing will be by appointment only and made by contacting the Board Secretary at (816) 628-4116. The County Clerk of Clay County is named as election authority and the secretary to the Board of Education is directed to notify the County Clerk(s) in writing by Jan. 24, 2023 and to include a copy of the legal notice and sample ballot for the April 4, 2023 election; and to direct the secretary to forward to the County Clerk of Clay County and the County Clerk of Clinton County deposits for the cost of the election as required by law. Ballot order will be determined by the order of candidate filing with the exception of filing on Tuesday, Dec. 6 when ballot placement will be determined by random drawing, if necessary.
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
(833) 256-1665 or (202) 690-7442; or
This institution is an equal opportunity provider.
The following guidelines are to be followed should anyone come forward with a discrimination complaint within the Kearney School District Child Nutrition Programs.
If Kearney School District receives a complaint, all complaints will be directed to District Compliance Officer, Zach McMains, at 425 W. Washington, Kearney, MO 64060. The below steps illustrate the steps to follow if this occurs.
- School District will inform individual of Federal Civil Rights rules and regulations that have been established for protected classes. A protected class is any person or group of people who are protected from discrimination based on:
- National Origin
- School District will provide complainant the necessary information to file a complaint, which is:
- Mailing address of the USDA:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW
Washington, D.C. 20250-9410
- USDA’s Telephone/Fax numbers and Email address: (866) 632-9992 / (202) 690-7442 F/ firstname.lastname@example.org
- Electronic link to file a civil rights complaint: www.ascr.usda.gov/complaint_filing_cust.html
- Mailing address of the USDA:
- If needed, District will provide the complainant information surrounding protected classes and sponsor should provide complainant the federal complaint information.
- After providing the complainant with the information on how to file a Civil Rights complaint directly at the Federal level, may attempt to resolve the complaint if it is a matter that can be resolved quickly.
- If the complainant refuses to discuss the matter any further with the sponsor or if the matter cannot be resolved quickly, Kearney School District will:
- Reiterate the complaint filing procedures
- Document the complaint and actions taken
- Notify the State agency of the discussion.
- If the complainant is willing to try to resolve the issue with the sponsor and a satisfactory resolution is achieved, then District should remind the complainant of his/her right to file at the Federal level if necessary.
- The below information should be documented as much as possible in their Civil Rights complaint log including, but not limited to, the following:
- Date Complaint Received
- Complainant’s Name
- Complainant’s Address
- Complainant’s Telephone Number
- Complainant’s Email Address
- Allegation of Discrimination/Issue (i.e. FNS program involved, protected class(es) involved, etc.)
- Date of Alleged Discriminatory Action
- District will forward the information, within 5 days of receipt of complaint from complainant, to the State agency (process listed below):
State Agency Civil Rights Coordinator State Agency Director* FNS Regional Office Civil Rights Contact FNS Headquarters Civil Rights Office Complainant
*State Agency level must forward complaint information, within 5 days of receipt of complaint from sponsor, to the FNS regional office. FNS team conducts complaint review and investigation, which includes contact with the complainant, State agency, sponsor, etc.