Parent/Student Rights in Identification, Evaluation, and Placment Under Section 504 of the Rehabilitation Act of 1973
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 your child take part in, and receive benefits from public education programs without discrimination because of his/her disability;
- Have the school district advise you of your rights under federal law;
- Receive notice with respect to identification, evaluation, or placement of your child;
- 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;
- Have your child educated in facilities and receive services comparable to those provided nondisabled students;
- Have your child receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act (PL 94-142) or Section 504 of the Rehabilitation Act;
- Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options;
- Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district;
- Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district;
- Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, 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 related to decisions or actions regarding your child's identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you;
- Ask for payment of reasonable attorney fees if you are successful on your claim; and
- File a local grievance.
The person in this district who is responsible for assuring that the district complies with Section 504 is Amy James and telephone number is 573-614-1000.
*(Section 504 of the Rehabilitation Act statute and regulations: 29 U.S.C. 706(7), Section 794; 34 C.F.R. Part 104, the Individuals with Disabilities Education Act statute and regulations: 20 U.S.C. Section 1232g; 34 C.F.R. Part 99)