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Section 504 of the Rehabilitation Act of 1973 as it relates to students

WHAT IS SECTION 504?

Section 504 of the Rehabilitation Act of 1973 is a broad civil rights law regulated by the Office of Civil Rights. It provides that “No other-wise qualified individual with a disability in the United States… shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance… 29 U.S.C. Section 794(a) (2010).

To comply with Section 504 Osseo Area Schools ISD 279 will:

  1. Provide a free appropriate education to students with disabilities
  2. Seek out, identify, and evaluate students who may have a disability under Section 504
  3. Provide special accommodations to students identified under Section 504 as defined in their written individual accommodation plan
  4. Discipline students in accordance with the law
  5. Ensure that extracurricular activities are accessible to students identified under Section 504
  6. Provide notice to parents/guardians regarding evaluation, identification, reevaluation, and due process rights
  7. Provide all staff access to information regarding Section 504
SECTION 504 PARENT/STUDENT RIGHTS

The following is a description of the rights granted by federal law to students with disabilities. 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.

You have the right to:

  • Have the school district advise you of your rights under applicable federal law. This notice shall serve that purpose.
  • Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disability.
  • Have your child receive a free appropriate public education. This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
  • Receive notice with respect to identification, evaluation, or placement of your child.
  • Have your child educated in facilitates and receive services comparable to those provided to nondisabled students.
  • Have decisions regarding identification, evaluation, and placement be based upon information from a variety of sources and be made by a group of persons including persons knowledgeable about the student, the evaluation data, and placement options.
  • Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.
  • Have adequate transportation provided to and from an alternative placement setting at no greater cost than would be incurred if the student were placed in a program operated by the district.
  • Examine all relevant records relating to decisions regarding your child’s identification, evaluation, and placement.
  • Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
  • A response from the school district to reasonable requests for explanations and interpretations of your child’s records.
  • Request amendment of your 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 your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing.
  • Request an impartial due process hearing, and an appeal of any decision or actions taken by the school district regarding your child’s identification, evaluation, educational program, or placement.
  • Request an impartial due process hearing related to decisions or actions regarding the student’s identification, evaluation, and placement. The parent or guardian has the right to participate, be represented by counsel, and appeal the hearing officer’s decision.

If you have questions about your student and Section 504, or would like information about the grievance procedures, contact the Building 504 Coordinator, School Counselor or Principal in your student’s school.