Notice of Rights of Students and Parents Under Section 504
Section
504
of
the
Rehabilitation
Act
of
1973,
commonly
referred
to as "Section
504,"
is
a
nondiscrimination
statute
enacted
by
the
United
States
Congress.
The
purpose
of
Section
504 is
to
prohibit
discrimination
and
to assure
that
disabled
students
have
educational
opportunities and
benefits
equal
to
those
provided
to non-disabled
students.
F or
more
information
regarding
Section
504,
or
if you
have
questions
or need
additional
assistance,
please
contact
your local
system's
Section
504 Coordinator
at
the following
address:
Address
1
Address
2
City,
GA Zip
Phone
The
implementing
regulations
for Section
504 as set
out
in 34
CFR
Part 104 provide
parents
and/
or
students
with the
following
rights:
1.
Your
child
has
the
right to
an
appropriate education
designed
to meet
his or
her individual
educational
needs
as adequately
as the
needs
of non-disabled
students.
34 CFR
104.33.
2.
Your
child has
the
right
to free
educational
services
except
for
those
fees
that
are
imposed
on
non-disabled
students
or their
parents.
Insurers
and
similar
third parties
who
provide
services
not operated
by
or provided
by
the
recipient
are
not relieved
from
an
otherwise
valid obligation
to provide
or
pay
for
services
provided
to a disabled
student.
34
CFR
104.33.
3.
Your
child has a
right
to
participate
in an educational
setting
(academic
and nonacademic)
with non-disabled
students
to the
maximum
extent
appropriate
to his
or
her needs.
34
CFR
104.34.
4.
Your child has
a right
to facilities,
services,
and activities
that are
comparable
to
those
provided
for non-disabled
students.
34
CFR
104.34.
5.
Your
child
has a
right
to an
evaluation
prior
to a Section
504 determination
of eligibility.
34
CFR
104.35.
6. You
have
the
right
to not
consent
to the school
system's
request
to evaluate
your child.
34
CFR
104.35.
7.
You have
the
right to ensure
that
evaluation
procedures,
which may
include
testing,
conform
to the
requirements
of
34
CFR
104.35.
Georgia Department of Education
Dr.
John
D.
Barge,
State
School
Superintendent
February
13,2011
Page 1 of2
8.
You
have
the right to ensure
that the school
system will consider
information
from a variety
of
sources
as appropriate,
which may
include
aptitude
and
achievement
tests,
grades,
teacher
recommendations
and observations,
physical
conditions,
social or cultural
background,
medical
records,
and parental
recommendations.
34 CFR
104.35.
9.
You have
the
right
to ensure
that
placement
decisions
are
made by
a group of
persons,
including
persons
knowledgeable
about
your
child,
the meaning of
the
evaluation
data,
the
placement options,
and the legal
requirements
for least
restrictive
environment
and
comparable
facilities.
34 CFR
104.35.
10.
If
your
child is eligible
under Section
504, your
child has a
right
to periodic
reevaluations,
including
prior to any
subsequent
significant
change
of placement.
34
CFR
104.35.
11.
You have
the
right
to notice
prior to
any
actions by
the
school
system
regarding
the
identification,
evaluation,
or placement
of your
child.
34
CFR
104.36.
12. You have the right to examine your child's educational records. 34 CFR 104.36.
13.
You
have
the right
to an
impartial
hearing
with
respect to the school
system's
actions
regarding
your child's identification,
evaluation,
or educational
placement, with
opportunity
for parental
participation
in the
hearing
and representation
by
an attorney.
34
CFR
104.36.
14.
You have
the right
to receive
a copy
of this
notice
and
a copy
of the
school
system's
impartial
hearing
procedure
upon request.
34 CFR 104.36.
15.
If
you
disagree
with the decision
of the
impartial hearing officer
(school
board
members
and
other
district
employees
are
not considered
impartial
hearing
officers),
you have
a right
to
a review
of that decision according
to the
school
system's
impartial
hearing
procedure.
34
CFR
104.36.
16.
You
have
the
right
to,
at
any
time,
file
a complaint
with
the United
States
Department
of
Education's
Office
for
Civil
Rights.
Georgia Department of Education
Dr.
John
D. Barge,
State
School
Superintendent
February
13,2011
Page 2 of2