District Departments » District Programs/Information » Section 504

Section 504

Your Rights Under Section 504
 
Pursuant to Section 504 of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students. 
 
You have the right to be informed by the school district of your rights under Section 504. This is a notice of you and your child’s rights under Section 504 and the rights you have if you disagree with the school district’s decisions.
 
WHAT IS SECTION 504?

Section 504 of the Rehabilitation Act of 1973, commonly
called “Section 504,” is a federal law that protects
students from discrimination based on disability. Section
504 assures that students with disabilities have
educational opportunities and benefits equal to those
provided to students without disabilities. To be eligible, a
student must have a physical or mental impairment that
substantially limits one or more major life activity.
 
YOUR CHILD’S EDUCATION

Your child has the right to:
● Receive a free and appropriate public education.
● Participate in and benefit from the district’s
educational programs without discrimination.
● Be provided an equal opportunity to participate in the
district’s nonacademic and extracurricular activities.
● Be educated with students who do not have
disabilities to the maximum extent appropriate.
● Be educated in facilities and receive services that are
comparable to those provided to students without
disabilities.
● Receive accommodations and/or related aids and
services to allow your child an equal opportunity to
participate in school activities.
● Receive educational and related aids and services
without cost, except for those fees imposed on the
parents of children without disabilities.
● Receive special education services if needed.
 
 
YOUR CHILD’S EDUCATIONAL RECORDS

You have the right to:
● Review your child’s educational records and to receive
copies at a reasonable cost. You will not be charged if
the cost would keep you from reviewing the records.
● Ask the district to change your child’s education
records if you believe that they are wrong, misleading,
or are otherwise in violation of your child’s privacy
rights. If the district refuses this request, you have the
right to challenge the refusal by requesting an
impartial hearing.
● A response to your reasonable requests for
explanations and interpretations of your child’s
education records.
 
 
THE SECTION 504 PROCESS

Your child has the right to an evaluation before the
school determines if he or she is eligible under Section
504. You have the right to:
● Receive notice before the district takes any action
regarding the identification, evaluation, and
placement of your child.
● Have evaluation and placement decisions made by a
group of persons, often called a “504 team”, including
persons who know your child, the meaning of the
evaluation information, and the placement options
available.
● Have evaluation decisions based on a variety of
sources, such as aptitude and achievement tests,
teacher recommendations, physical conditions,
medical records, and parental observations.
● Refuse consent for the initial evaluation and initial
placement of your child.
If your child is eligible under Section 504, your child has a
right to periodic re-evaluations, including re-evaluations
before any significant change is made in your child’s
placement.
 
IF YOU DISAGREE WITH THE DISTRICT’S DECISION

If you disagree with the district’s decisions regarding
your child’s identification, evaluation, educational
program, or placement under Section 504, you may
request mediation or an impartial due process hearing.
You and your child have the right to take part in the
hearing and have an attorney represent you. Hearing
requests and other concerns can be made to your
district’s Section 504 Coordinator:
 
Lisa Boyd
5207 S Montana Ave
Caldwell, ID 83607
(208) 454-0445, lisa.boyd@vallivue.org
 
You have the right to file a complaint of discrimination
with the U.S. Department of Education’s Office for Civil
Rights (OCR), or to file a complaint in federal court.
Generally, an OCR complaint may be filed within 180
calendar days of the act that you believe was
discriminatory. The regional office is located at 915
Second Ave, Room 3310, Seattle, WA 98174-1099.
Phone: 206-607-1600/TDD: 206-607-1647
Website: www.ed.gov/OCR .