Notice of Parent/Student Rights and Procedural Safeguards under
Section 504 is a federal law that prohibits discrimination against persons with disabilities. Section 504 applies to the school because it receives federal funds. Under this law, you as the parent or guardian of a student who has or is suspected to have a disability have the following rights.
Section 504 of the Rehabilitation Act of 1973
- Your child can take part in, and receive benefits from, public education programs without discrimination based on disability.
- The school (district) must advise you of your rights under federal law and that is the purpose of this form.
- You have the right to receive notice about the evaluation, identification or placement of your child. Your child is entitled to receive an evaluation prior to an initial placement and any subsequent significant changes in placement. You must provide consent for the initial evaluation or the school (district) may not proceed with an evaluation.
- Your child has the right to receive a free appropriate public education. This includes the right to be educated with students without disabilities to the maximum extent appropriate. It also includes the right to receive regular and/or special education and related aids and services that are designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met.
- Your child has the right to a free education except for those fees which are charged to students without disabilities.
- Your child has the right to receive services and be educated in facilities which are comparable to those provided to students without disabilities.
- Your child has the right to have evaluation, educational, and placement decisions made based on a variety of information sources, and by persons who know the student and who are knowledgeable about the evaluation data and placement options.
- Your child has the right to have an equal opportunity to participate in nonacademic and extracurricular activities offered by the school (district).
- You have the right to examine your student’s educational records and obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records. You have the right to 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.
- You have the right to request mediation or an impartial due process hearing related to decisions or actions regarding your child's identification as a student with a disability, evaluation, or educational program and to be represented by an attorney that you hire in the hearing process. The school district may also request a hearing on matters of identification, evaluation, or educational program for your child. You or the school district has the right to appeal an adverse decision to a hearing review officer within 20 school days of the receipt of the written decision by the hearing officer. The school (district) will appoint a hearing officer and a hearing review officer if necessary at the school’s (district’s) expense. It will also provide for the recording of testimony and evidence in the hearing and if applicable, in the review process.
- You have the right to file a local grievance with the school (district) Section 504 Coordinator. Neither the local grievance procedure nor the hearing procedure prevents a student or parent from filing a complaint with the Office for Civil Rights (OCR) or in federal court.
Filing a complaint with outside agencies or court.
There may be specific timelines for filing a complaint that may affect your rights. You should review those timelines immediately to protect your rights. This Notice is not intended to be legal advice or a substitute for legal advice. To file a complaint with the Office for Civil Rights (OCR) your letter or complaint should be addressed:
“ATTN: OCR Regional Manager, Office for Civil Rights, U.S. Department of Health and Human Services, 233 N. Michigan Ave., Suite 240, Chicago, IL 60601.”
The OCR may be reached at: Voice Phone: (312-886-2359) Fax: (312-886-1807) TDD: (312-353-5693). A complaint may also be filed at . For more information on filing a complaint, visit www.ed.gov/ocr.
The school (district) Section 504 Coordinator is Ellen Dulas. The Coordinator is responsible for assuring that the District complies with Section 504 and may be reached by calling (507)-825-5861; address: 1401 7th Street SW Pipestone, Minnesota. You may also contact Toni Mathews at Brown by calling (507)825-6756; address: 701 7th St SE Pipestone, Minnesota, or at Hill Elementary (507)825-6763; address: 900 6th Ave SW Pipestone, Minnesota.
Booth Law Group (2015)