What is Section 504?

  • SECTION 504 OF THE REHABILITATION ACT OF 1973 RIGHTS AND RESPONSIBILITIES

    Section 504 of the Rehabilitation Act of 1973 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education. It applies to ensure that eligible students are provided with educational benefits and opportunities equal to those provided to non-disabled students. The purpose of this notice is to inform parents and students of the rights granted to them under the law and to keep parent/guardian fully informed concerning decisions about his/her child and to inform him/her of their rights if they disagree with any of these decisions.

    Under Section 504, parents/guardians have the right to:

    1. Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her handicapping conditions;
    2. Have the school district advise you of your rights under federal law;
    3. Receive notice with respect to identification, evaluation or placement of your child;
    4. Have your child receive a free, appropriate public education.  This includes the right to be educated with non-handicapped students to the maximum extent appropriate.  It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
    5. Have your child education in facilities and receive services comparable to those provided non-handicapped students;
    6. Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476) or Section 504 of the Rehabilitation Act.
    7. Have evaluation, educational and placement decisions made based upon a variety of information sources and by person who know the student, the evaluation data, and placement options;
    8. 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.
    9. Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
    10. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement.  
    11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
    12. A response from the school district to reasonable requests for explanations and interpretations of your child’s records.
    13. Request amendment of your 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 your child.  If the school district refuses this request for amendment, the district shall notify you within a reasonable time and advise you of the right to a hearing.
    14. Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to:

    Dr. Sarah Celestin, Senior Director of Student Services
    Kenny Oates, Supervisor of Student Services
    Red Clay Consolidated School District
    1502 Spruce Avenue
    Wilmington, DE 19805

    Disabled parents/guardians will be afforded reasonable accommodation if required to allow participation in their child’s education.