Provision of Notice

To be in compliance with Section 504’s notice provision, educational institutions must provide public notification of their policies of nondiscrimination, identify the person who coordinates compliance within the institution, and adopt grievance procedures.

Procedural safeguards are established to insure that parents and guardians are fully informed concerning decisions involving their child and to inform them of their rights. These safeguards include the following:

• Taking part in and receiving benefits from public education programs without discrimination because of disability [34 CFR 104.33 (a)]
• Receiving notice of rights under this federal law (34 CFR 104.36)
• Receiving notice with respect to identification, evaluation, or placement (34 CFR 104.36)
• Receiving a free appropriate public education with non-disabled students to the maximum extent appropriate [34 CFR 104.34(a)] (it also includes the right to have the school district make reasonable accommodations to allow an equal opportunity to participate in school and school-related activities [34 CFR 104.33(b)])
• Being educated in facilities and receiving services comparable to those provided to non-disabled students [34 CFR 104.34(c)]
• Having the right to an appropriate education designed to meet individual educational needs as adequately as the needs of non-disabled students [34 CFR 104.34(a)]
• Having evaluation, educational, and placement decisions made based on a variety of information sources and by a group of persons, including persons who know the student, the evaluation data, and placement options [34 CFR 104.35(c)]
• Having 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 [34 CFR 104.33(c)]
• Having the right to an equal opportunity to participate in nonacademic and extracurricular activities offered by the district [34 CFR 104.34(b)]
• Examining all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement [34 CFR 104.36]
• Requesting an impartial due process hearing related to decisions or actions regarding identification, evaluation, educational program, or placement [34 CFR 104.36]
• Filing a local grievance with respect to alleged disability discrimination with the district’s designated 504 contact [34 CFR 104.36]

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MYTH: There can be no special “coding” of report cards or cumulative cards to indicate Section 504 eligibility.

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