PETAL SCHOOL DISTRICT
NOTICE OF PARENT AND STUDENT RIGHTS
IN IDENTIFICATION, EVALUATION AND PLACEMENT
UNDER § 504Under § 504 of the Rehabilitation Act of 1973 you have a right to be informed by the school district of your rights under § 504 of the Rehabilitation Act of 1973. The purpose of this notice is to advise you of those rights. 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.
If your child is determined to be a child with a disability, he/she has the following rights:
- Your child has the right to a free appropriate public education designed to meet his/her individual needs as adequately as the needs of nondisabled students are met.
- Your child must be provided an equal opportunity to participate in nonacademic and extracurricular services and activities offered by the district to the same extent as nondisabled students.
- Your child has the right to free educational services except for those fees that are imposed on nondisabled students or their parents.
- Your child has a right to placement in the least restrictive environment.
- Your child has a right to an evaluation prior to an initial placement and any subsequent significant change in placement.
- Testing and other evaluation procedures must conform to the requirements of § 504 regarding test validity, proper method of administration and appropriate test selection. The district will consider information from a variety sources in making its determinations, including, for example: aptitude and achievement test, teacher recommendations, reports of physical condition, social and cultural background, adaptive behavior, student grades, progress reports, state-wide testing results, and parent input.
- Placement decisions regarding your child must be made by a group of persons knowledgeable about your child, the meaning of the evaluation data, the placement options, the requirement that to the maximum extent appropriate, disabled children should be educated with nondisabled children and the requirement that students with disabilities must have access to comparable facilities as nondisabled students.
If your child is eligible for services under § 504, periodic reevaluations will be conducted to determine if there has been a change in educational needs. Generally, a reevaluation will take place every three years.
- You have the right to be notified by the district prior to any action regarding the identification, evaluation, or placement of your child.
- You have the right to examine all relevant education records relating to the decisions regarding your child’s identification, evaluation, program, and placement. You also have the right to obtain copies of education records at reasonable cost unless the cost would deny you access to the records.
- You have the right to request amendments of your child’s record if you believe information contained in the record is inaccurate or misleading. If the school district refuses to amend the record, you will be notified of that decision within a reasonable time and you then have a right to request a hearing.
- You have the right to an impartial hearing if you disagree with the district’s actions regarding your child’s identification, evaluation, or educational placement. However, if any portion of your complaint is also part of a due process hearing pursuant to the Individuals with Disabilities Education Act (IDEA), that part of the complaint will be set-aside until the conclusion of the due process hearing.
- If an issue is raised in a § 504 complaint that has previously been decided in a due process hearing pursuant to the IDEA involving the same parties, the due process hearing decision is binding on that issue.
- The District shall publish its policy of nondiscrimination against persons with disabilities and shall inform parents of their rights under § 504.