Provision of Notice

To be in compliance with Section 504’s notice provision, school districts must provide public notification of their policies of nondiscrimination, identify the person who coordinates compliance within the district, and adopt grievance procedures (34 CFR §104.36).

Procedural safeguards that are established to ensure that parents and guardians are fully informed about their rights under Section 504 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 nondisabled 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 §104.4(b)(2));
  • Being educated in facilities and receiving services comparable to those provided to nondisabled students (34 CFR §104.34(c));
  • Having an appropriate education designed to meet individual educational needs as adequately as the needs of nondisabled students (34 CFR §104.33(b)(1)(i));
  • 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)3(2));
  • Having an equal opportunity to participate in nonacademic and extracurricular activities offered by the district (34 CFR §104.37(a));
  • Examining all relevant records relating to decisions regarding a 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 Section 504 Coordinator (34 CFR §104.36).

A sample of procedural safeguards, Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973, is located in Appendix E of the District Implementation Guide for Section 504.

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