Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that prohibits discrimination against individuals with disabilities in programs or activities that receive federal financial assistance from the U.S. Dept. of Education. The Office of Civil Rights (OCR), a component of the U.S. Dept. of Education, enforce Section 504. Section 504 regulations require a school district to provide a “free and appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. Section 504 requires districts to provide students with disabilities appropriate services and accommodations designed to meet their individual needs to the same extent as the needs of students without disabilities are met.
Parental Rights and Procedural Safeguard
Section 504 Parent Rights
A parent of a student, or an adult student, who has been determined to
be eligible for services or supports under Section 504 shall have the following
rights:
· Have their child take part in, and receive benefits
from, public education programs without discrimination because of his/her
disability;
· Have the school district advise them of their rights
under federal law;
· Receive notice with respect to identification,
evaluation, or placement of their child;
· Have their child receive a free appropriate public
education. This includes the right to be educated with students without
disabilities to the maximum extent appropriate. It also includes the right to have
the school district make accommodations to allow their child an equal
opportunity to participate in school and school-related activities;
· Have their child educated in facilities and receive
services comparable to those provided to students without disabilities;
· 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 their child receive accommodations and/or related
aids and services to allow the child an equal opportunity to participate in
school activities;
· Have their child receive educational and related aids
and services without cost, except for those fees imposed on the parents of
children without disabilities;.
· Have transportation provided to and from an
alternative placement setting at no greater cost to them than would be incurred
if the student were placed in a program operated by the district.
· Have their child be given an equal opportunity to
participate in non-academic and extra-curricular activities offered by the
district;
· Examine all relevant records relating to decisions
regarding their child’s identification evaluation, educational program, and
placement;
· Obtain copies of educational records at a reasonable
cost unless the fee would effectively deny them access to the records;
· Receive a response from the school district to
reasonable requests for explanations and interpretations of their child’s
records;
· Request amendment of their 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 their child. If the school
district refuses this request for amendment, it shall notify them within a
reasonable time, and advise them of the right to a hearing;
· File a 504 complaint if they have a disagreement with
the school;
· Request an impartial due process hearing related to
decisions or actions regarding their child’s identification, evaluation,
educational program or placement. The parent and the student may take part in
the hearing and have an attorney represent them.
Section 504 Notices
As part of a parent’s procedural safeguards under Section 504, the District must notify parents of any identification, evaluation or placement action the District plans to take regarding the parent’s child. The notice should be sufficiently detailed to allow the parent to understand the proposed action and the reasons for the action to be taken. The notice must be provided in the parent’s native language or other mode of communication unless it is clearly not feasible to do so. If a parent’s native language or other mode of communication is not a written language, the Campus Section 504 Chairperson shall translate the notice orally or by other means to ensure the parent is able to understand it.
In addition, as part of the notice, parents shall be informed of their rights under Section 504 to examine relevant records or documents that the school relied on in making its decision about the student; to request an impartial hearing with opportunity for participation by the parents and representation by counsel related to the action; and of their opportunity for review of the decision made at the hearing.
Opportunity to Examine Records
The District must provide the parent of a student with a disability or eligible adult student the opportunity to examine all records relating to the student as described in the Section 504 Parent Rights, unless the District has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as guardianship, divorce, separation, or custody that specifically revoked these rights. This includes any education records of the student that are collected, maintained, or used by the District. The District, however, is not required to provide information that is not maintained by the District or to create education records that do not already exist in response to a parent’s request.
Upon request to review the records, the Campus shall make them available to the parent without unnecessary delay and before any Section 504 meeting or any Section 504 hearing, and in no case more than 45 calendar days after the request.
If a parent believes that the school has violated its procedural safeguards by failing to comply with a request for access to the student’s education records, the parent should complete a parent complaint form, which includes the following:
- The date of the request for access to the student’s education records;
- The name of the school official to whom the request was made, including a dated copy of any written request to the school where possible;
- The response of the school official, if any; and
- The specific nature of the information requested.
The parent shall follow the District’s parent grievance process relating to accessing student records. See [STUDENT RECORDS].
Consent
Unlike the IDEA, Section 504 does not specify when, or whether, districts must obtain prior parental consent for actions taken by a District for a Section 504 student. OCR’s current position is that districts need parental consent prior to conducting an initial evaluation under Section 504 for the identification, diagnosis, and prescription of specific educational services. See Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Educ. Of Children with Disabilities, 67 IDELR 189 (OCR 2015). In regard to reevaluations, OCR has taken the position that districts are not required to obtain parental consent for subsequent student evaluations under Section 504. Section 504 is silent on the form of parent consent required. OCR has accepted written consent as compliance.
The District will seek written parental consent for an initial evaluation under Section 504 and for the initial provision of services. Such consent will be obtained after notice to the parent. If the parent does not consent to an initial Section 504 evaluation, the District may, but is not required to, initiate a Section 504 hearing to seek permission to conduct the evaluation in the absence of consent. If the parent does not consent to the initial Section 504 plan, after notice and an opportunity to participate in the drafting of the plan, the student will not be provided with Section 504 services.
Filing Complaints and Requests for Hearings
In accordance with Board policy, the parent may also file a complaint regarding matters other than the student’s identification, evaluation, and placement with the District Section 504 Coordinator. See [SECTION 504 COMPLAINTS]. For matters relating to the identification, evaluation, or placement of the student, the parent shall request an impartial due process hearing. See [SECTION 504 HEARINGS]. The parent will be provided the opportunity to participate in the hearing and/or to have representation by an attorney at the parent’s expense. Finally, should the parent believe that the student or parent’s rights under Section 504 have been violated, the parent may file a complaint with the Office for Civil Rights. See [OCR COMPLAINTS]. Unlike under the IDEA, there is no mediation requirement under Section 504.
Sharyland ISD ADA/504 Non-Discrimination Notice
Child Find Statement
Child Find is a component of the Individuals with Disabilities Education Improvement Act (IDEA) 2004 that requires States and Local Education Agencies (school districts and charter schools) to identify, locate, and evaluate all children with disabilities residing in the State, regardless of the severity of their disabilities, and who are in need of special education and related services. Child Find is a continuous process of public awareness activities, screening and evaluation designed to locate, identify, and evaluate children with disabilities who are in need of Early Childhood Intervention, Section 504 or Special Education and Related Services.
Child Find Brochure - English
Child Find Brochure - Spanish