Parent/Guardian/Student Procedural Safeguards and Rights Under Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act of 1973 provides the following rights to students and parents/legal guardians of students with Section 504 disabilities:

1. The right to take part in, and receive benefits from, public education programs without discrimination based on disability.

2. The right to receive regular or special education and related aids and services designed to meet individual needs as adequately as nondisabled students.

3. The right to be educated in the least restrictive setting, i.e., with nondisabled students to the maximum extent appropriate.

4. The right to be educated in facilities and receive services comparable to those provided nondisabled students.

5. The right to have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the child, the evaluation data, and placement options.

6. The right to receive periodic reevaluations and an evaluation before any significant change in program or service.

7. The right to have accommodations that allow for an equal opportunity to participate in school and school-related activities.

8. The right to an equal opportunity to participate in co-curricular and extra-curricular activities offered by the school district.

9. The right to examine all relevant educational records relating to decisions regarding identification, evaluation, educational programming, and placement regarding your child.

10. The right to obtain copies of our child’s educational records at a reasonable cost, unless the fee would effectively deny access to the educational records.

11. The right to receive a response from the school district to reasonable requests for explanations and interpretations of your child’s educational records.

12. The right to request an amendment of your child’s educational records if there is a reasonable cause to believe they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child.

13. You have the right to challenge an impartial due process hearing to challenge the actions of the District regarding your child’s identification, evaluation, or placement under Section 504. You must submit a Request for a Hearing with the District’s Section 504 Coordinator within 30 calendar days of the action or omission giving rise to your complaint. A due process hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing. You have the right to participate in the hearing and to be represented by counsel if you choose. If you disagree with the decision of the impartial hearing officer, you have a right to request a review of the decision in a court of competent jurisdiction.

14. You have the right to present a grievance complaint pursuant to the District’s Anti-Discrimination Policy. You must complete the 504 Grievance Form and submit it to the principal of your child’s school. The District will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.

15. You have a right to file a complaint with the Office of Civil Rights. The contact information is as follows:

Office for Civil Rights
U.S. Department of Education
61 Forsyth Street S.W.
Suite 19T10
Atlanta, GA 30303-3104.
Telephone: (404) 974-9406
Fax: (404) 974-9471
Email: OCR.Atlanta@ed.gov