504: Parent and/or Student Rights under Section 504
Parent and/or Student Rights under Section 504
The following is a description of student and parent rights under Section 504 and other federal laws. 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.
Your child has the right to take part in and receive benefits from public education programs without discrimination based on a disability.
Your child has the right to:
Receive a free appropriate public education. This includes the right to be educated with other students to the maximum extent appropriate. It also includes the right to have the school make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
- Be educated in facilities and receive services comparable to those provided for students without disabilities.
- Receive an evaluation, eligibility determination, and if qualified, receive placement and accommodation decisions based upon a variety of information sources and by individuals who know the student, disability, evaluation data, and placement options.
- Receive an equal opportunity to participate in nonacademic and extracurricular activities offered by the school.
As a parent/guardian, you have the right to:
- Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement.
- File a local grievance with your school if you feel your child is being discriminated against because of his/her disability and/or is not able to access his/her free appropriate public education.
- Request a due process impartial hearing to help resolve issues with the school. It is important parents or guardians be notified of their right to request a hearing regarding the identification, evaluation, or educational placement of individuals with disabilities and to be represented by counsel [34 CFR § 104.36].
- Contact the Section 504 Educational Equity monitor at the Utah State Board of Education in Student Advocacy Services at 801-538-7828.
- File a formal complaint with the regional Office for Civil Rights. The office is part of the U.S. Department of Education. The regional office is located at 1244 Speer Boulevard Ste 310, Denver, Colorado 80204-3582. Telephone: 303-844-5695. Email: [email protected] https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt