Parents Rights In Brief

Section 504 of the Rehabilitation Act of 1973

It is the policy of the Board of Education to provide a free and appropriate public education to and reasonable modification of policies, practices, or procedures for each eligible student with a disability under Section 504. It is the intent of the District to ensure that students who are or may be eligible for special education, related aids and services, and/or reasonable modification of policies, practices, or procedures under Section 504 are identified, evaluated, and if eligible, provided with appropriate special education, related aids and services, and/or reasonable modifcations of policies, practices, or procedures.

Parents (or students, if age 18 or older) have the following rights under Section 504:

1. Right for your child to take part in and receive benefits from the District and its programs and activities, including nonacademic and extracurricular programs and activities, without discrimination on the basis of his/her disability;
2. Right to be informed, in your native language and mode of communication, of any proposed actions related to identification, evaluation, or educational placement of your child;
3. Right to examine all relevant records of your child;
4. Right to have an evaluation of your child that draws on information from a variety of sources in order to determine his/her eligibility for Section 504 services and/or accommodations;
5. Right to have periodic reevaluations of your child, including reevaluation before any significant change in your child’s placement;
6. Right for your child to receive appropriate special education, related aids and services, and/or accommodations in the least restrictive environment that is appropriate to meet his/her needs if he/she is found eligible under Section 504, and right to provide your input before Section 504 program/placement decisions are finalized;
7. Right to a manifestation determination review before any disciplinary removal of your child that constitutes a significant change in placement, in order to determine if your child’s misconduct was related to his/her disability;
8. Right to request an impartial due process hearing under the District’s Section 504 Procedures And Procedural Safeguards to address issues about the identification, evaluation, educational placement of, or provision of a free appropriate public education to your child, to participate in and be represented by legal counsel at the hearing, and to appeal the hearing decision through the District’s review procedure;
9. Right to file a grievance under the District’s Uniform Grievance Procedure to address any claim of discrimination on the basis of disability, and to appeal the grievance decision; and
10. Right to forego or terminate the District’s impartial due process hearing and/or grievance procedures described above and file a complaint with the U.S. Department of Education’s Office for Civil Rights (“OCR”).

Note: Copies of the District’s Section 504 Procedures And Procedural Safeguards and the District’s Uniform Grievance Procedure, as well as contact information for OCR, are available at District Office.

Rachel Lomas
Building Administrator/Designee