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Section 504

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.

Parent/Student Rights in Identification, Evaluation, and Placement Section 504

Below is a description of the rights granted by federal law to students with disabilities 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 the following:

  • Right to have your child with disabilities take part in, and receive benefits from public education programs without discrimination because of his or her disability.
  • Right to receive all information in the parent’s or guardian’s native language or primary other mode of communication.
  • Right to have your child receive free appropriate public education which includes the right of the child to be educated with students without disabilities to the maximum extent appropriate.
  • Right to have your child have equal opportunity to participate in school programs and extracurricular activities sponsored by the school.
  • Right to receive notice a reasonable time before a district identifies, evaluates, or changes your child’s placement.
  • Right to inspect and review all of your child’s educational records, including the right to obtain copies of education records at a reasonable cost unless the cost would deny you access to the records, and the right to amend the record if you believe the information contained in the record is inaccurate or misleading. If the school district refuses to amend the record, you have the right to request a hearing.
  • Right to have educational evaluation and placement decisions made based on information from a variety of sources and by persons who know the needs of the student, meaning of evaluation data, and placement options.
  • Right to periodic reevaluation and evaluation before any significant change in placement.
  • Right to an impartial hearing if you disagree with school district’s proposed action. You will be an active participant. You have the right to be represented by counsel in the impartial hearing process.  You have the right to appeal the impartial hearing officer’s decision.