Section 504 Procedural Safeguards
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:
- Be informed by the school district of your rights under Section 504. This information will be provided in your native language and/or primary mode of communication.
- Your child receiving an appropriate education designed to meet his/her individual educational needs as adequately as the needs of non-disabled students are met.
- Receive notice prior to any action by the District in regard to the identification, assessment, or provision of instructional services for your child.
- Have your child receive an evaluation prior to an initial Section 504 placement. The assessment, educational decisions, and decisions regarding services will be based upon a variety of information sources.
- Have placement decisions made by a group of individuals including persons knowledgeable about your child who can explain the meaning of evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities.
- Have an assessment and/or periodic reassessment on a regular basis. An assessment will also be conducted before a significant change is made in programs/services.
- Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students 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 non-disabled students.
- Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
- Have reasonable accommodations made to provide equal access for you or your child to effectively participate in meetings, activities or events sponsored by the school/district or provided in district facilities.
- Examine all relevant records relating to decisions regarding your child’s identification, assessment, educational program and services.
- Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
- Receive 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 in violation of the privacy rights of your child. If the school district refuses this request it will notify you within a reasonable time, and advise you of the right to a hearing.
- File a local grievance, with the District’s Section 504 Compliance Officer,
- Request an impartial due process hearing related to decisions or actions regarding your child’s identification, assessment, educational program or services. You and your child may take part in the hearing and have an attorney represent you. Hearing requests must also be made to the district’s Section 504 Compliance Officer.
- A review of the decision of the impartial hearing officer by a court of competent jurisdiction if you disagree with the decision.
- File a complaint with the Office for Civil Rights.
The address of the Regional Office which covers South Carolina:
District of Columbia Office
Office for Civil Rights
US Department of Education
1100 Pennsylvania Ave., NW, Room 316
PO Box 14620
Washington, DC 20044-4620