Due Process Rights – Section 504 Plans
Due process rights are the rights granted by federal law to parents of/students with 504 disabilities. Below is a summary of Parent/Student Rights in Identification, Evaluation, and Placement (Section 504 of the Rehabilitation Act of 1973).
Parents have the right to:
- have their child take part in, and receive benefits from, public education programs without discrimination because of his/her disability.
- receive notice with respect to identification, evaluation, or placement of their child.
- 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 their child receive a free appropriate public education. This includes the right to be educated with non-disabled students. It also includes the right to have the school district make reasonable accommodations to allow their child an equal opportunity to participate in school and school-related activities.
- have their child receive services comparable to those provided non-disabled students.
- have their child be given an equal opportunity to participate in non-academic and extracurricular activities offered.
- obtain copies of education records at a reasonable cost, unless the fee would effectively deny access to the records.
- request amendment of their 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 their child. If the school system refuses this request for amendment, it will notify parents within a reasonable time and advise parents of the right to a hearing.
- A parent/guardian or emancipated minor may request a 504 review or an impartial due process hearing related to decisions or actions regarding their child’s identification, evaluation, education program, and placement. Parents and the student may take part in the hearing and have an attorney represent them. 504 Review and Hearing requests must be made to the 504 Coordinator at 410-313-1252. The HCPSS 504 Coordinator is the Instructional Facilitator for Psychological Services.
- Seek resolution of issues if dissatisfied with decisions regarding their child’s identification, evaluation, and educational placement/program through:
- Section 504 review
- Section 504 impartial hearing
- Office for Civil Rights review
504 Review and Hearing requests must be made to the 504 Coordinator at 410-313-1252. The HCPSS 504 Coordinator is the Instructional Facilitator for Psychological Services.
HCPSS 504 Grievance Procedures
Parents/guardians, students or staff who are dissatisfied with the decisions of the Section 504 team have grievance procedures that they may follow. Learn more about grievance procedures.
- Find your child’s school and ask for their Section 504 Administrative Building Coordinator
- HCPSS 504 Coordinator at 410-313-1252