SECTION 504 OF THE REHABILITATION ACT OF 1973
and the Americans with Disabilities Act of 1990
Notice of Parent and Student Rights
Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (ADA) are civil rights laws which prohibits discrimination against individuals with disabilities. Under Section 504 a student is considered disabled if they have a physical or mental impairment that substantially limits a major life activity such as learning, walking, seeing, hearing, breathing, working, etc. Section 504 and the ADA also apply to students with a record of having a substantially limiting impairment, or who are regarded as being disabled even if they are not truly disabled.
The following is a description of the rights granted by federal law to students with disabilities under Section 504 of the Rehabilitation Act of 1973 and the ADA. 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 disabilities.
- Have the school district advise you of your rights under federal law, Section 504 of the Rehabilitation Act of 1973 and the ADA.
- Receive notice with respect to identification, evaluation, or placement of your child. Parent consent must be obtained before conducting an initial evaluation and placement.
- Have your child receive appropriate public education. This includes the right to be educated with students without disabilities to the maximum extent appropriate. It also includes the right to have the school district make 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 students without disabilities.
- Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Chapter 33, Public Law 101-476) or Section 504 of the Rehabilitation Act.
- Have an individualized evaluation, if your child needs or is believed to need special education or related services, before any initial placement or subsequent significant changes to placement.
- Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons including the student’s parent(s) or guardian(s) who know the student, the evaluation data and placement options. If formal assessment instruments are used as part of an evaluation, procedures used to administer assessments and other instruments must comply with the requirements of Section 504 (34 C.F.R.104.350.) regarding test validity, proper method of administration, and appropriate test selection.
- 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 and services offered by the district.
- Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational programs and placement.
- Obtain copies of relevant records at 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 a reasonable cause to believe that they are inaccurate, misleading or otherwise are 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.
- File a local grievance, in accordance with the Bedford School District’s Section 504/ADA nondiscrimination grievance procedure.
- Request mediation or an impartial hearing related to decisions or actions regarding your child’s identification, evaluation, or placement. You and the student may take part in the hearing and have an attorney represent you. Both the hearing and review may be conducted by impartial individuals selected by the school district. Hearing requests must be made to the District ADA/504 Coordinator, Oyster River School District, 36 Coe Drive,Durham, NH 03824.
- File a complaint with the Office for Civil Rights, Region I, US Department of Education, John W. McCormack Post Office and Court House Building, Room 222, Boston, Massachusetts 02109-4557.