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Section 504 of the Rehabilitation Act of 1973 – Your Rights

Many parents find themselves requesting academic accommodations for children with disabilities. There are two main types of educational plans; an Individual Education Plan (IEP) and a Section 504 Plan. Section 504 of the Rehabilitation Act of 1973 governs 504 Plans. Parents have rights under Section 504 with which they should become familiar. The rights may be enforced by the U.S. Department of Education Office For Civil Rights at parental request.

  • Your child should not be discriminated against based on a disability and should receive an appropriate education that results in progress for your child.
    • Exactly what type of education a child is entitled to is governed by federal and Colorado court caselaw. A child should be offered the ability to make some level of progress commensurate with his or her abilities. Merely passing every grade may not be a sufficient level of achievement for every child.
  • Your school district must advise you of your federal rights if your child has a Section 504 Plan.
  • You must receive notice of any school-initiated identification, evaluation or placement of your child.
  • If your native language is other than English, you must receive information in your language.
  • Accommodations to allow your child to receive a free and appropriate public education.
    • There are a wide variety of accommodations that can be set in place such as the use of headphones to block out noise, the use of “fidgets”, extended time on in-class, school district and state testing, and many others. You can be creative in determining what works for your child as long as it does not unduly distract other children.
  • To receive services comparable to those received by children without disabilities.
  • Have evaluation and placement decisions based on a variety of information sources.
  • To receive eligible services under Section 504.
  • To have transportation provided to alternate placement settings.
  • To examine all records pertaining to your child’s identification, evaluation, and placement.
  • Have your child be eligible for nonacademic and extracurricular activities.
    • Section 504 does not just cover academics, but all of the other programs that schools offer that make up the educational experience for children.
  • Annual 504 Plan reviews.
    • As children progress, 504 Plans should be reevaluated to see what has been working and whether additional measures should be added.
  • Copies of educational records at a reasonable cost.
  • An explanation and interpretation of your child’s educational records.
  • Correction of inaccurate educational records.
  • To request mediation or an impartial due process hearing in the event of disputes.
    • You can ask for third-party intervention if you and school personnel are at an impasse.
  • To file a grievance in the event of a dispute.
    • You can file a formal written grievance that becomes a part of the school record and memorializes a dispute.

If you would like assistance in ensuring that your child receives the educational services to which he or she is entitled, contact Janko Law and Mediation, LLC. Our firm understands the importance of ensuring that children have the best public education and our attorneys have first-hand experience with their own children requiring assistance in the school system. Call for a free consult at 303-210-4204 or complete our confidential online intake.

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