Section 504

The Rehabilitation Act of 1973, Section 504, a broad civil rights law, prohibits discrimination against handicapped people. This law outlines procedures for providing services to students who have physical or mental impairments. Even though this law is over 20 years old, its ramifications for schools have only recently been felt.

Federal regulations under Section 504 are remarkably similar to those under IDEA. The primary difference between the two federal statutes is that Section 504 requires reasonable accommodation to ensure non-discrimination, while IDEA provides affirmative action for students who qualify under the Act. You have the right to"

1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her handicapping conditions;

2. Have the school district advise you of your rights under federal law;

3. Receive notice with respect to identification, evaluation, or placement of your child;

4. Have your child receive a free appropriated public education. This includes the right to be educated with nonhandicapped 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.

5. Have your child educated in facilities and receive services comparable to those provided nonhandicapped students;

6. Have your child receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities education Act (PL101-476) or Section 504 of the Rehabilitation Act;

7. 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;

8. 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.

9. Have your child be given and equal opportunity to participate in nonacademic and extracurricular activities offered by the district;

10. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement;

11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records; 12. A response from the school district to reasonable requests for explanations and interpretations of your child's records;

13. 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;

14. Request mediation or an impartial due process hearing related to decisions of 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_________

15. Ask for payment of reasonable attorney fees if you are successful on your claim;

16. File a local grievance.

In addition the school district should inform you of the person in this district who is responsible for assuring that the district complies with Section 504 and that person's telephone number

Procedures require that a program be created and periodically reviewed for qualified individuals and that parents need to be notified of any such program.

Following the evaluation, the school district must utilize a multidisciplinary team or persons knowledgeable about the student to determine the appropriate placement and to develop an educational plan which is designed to meet the needs of the disabled student as adequately as the needs of nonhandicapped persons are met. Procedural safeguards are afforded to all 504 students.

Remember, all IDEA students are 504 students, but all 504 students are not necessarily IDEA students. Examples of 504 students could be students with juvenile arthritis, AIDS, ADD, etc.

The 504 plan is legally binding.