504 Notice of Rights of Students & Parents

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.
For 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:
Alison Smith
46 South College Street
Homerville, GA. 31634
(912) 487-5321
amsmith@clinchcounty.com


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.
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.