As an individual with disabilities, the following rights are provided to the parents, guardians, or the student upon reaching the age of majority in accordance with the Section 504 implementing regulations found at Title 34, Part 104 of the Code of Federal Regulations (“C.F.R.”): 

1. The District has an obligation to identify and locate every qualified individual with a disability (“qualified individual”) residing in the District’s jurisdiction/boundaries who is not receiving a public education and must take appropriate steps to notify persons with a disability and their parents or guardians of the District’s obligation under Section 504 (34 C.F.R. § 104.32). This notice fulfills the District’s obligation under this paragraph. 

2. The District has an obligation to provide all qualified individuals with a free appropriate public education (34 C.F.R. § 104.33).

   •  An education is appropriate when a qualified individual receives the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of the qualified student and are based upon adherence to the procedures outlined in Section 504 and it's implementing regulations. 

3. All qualified individuals have the right to be educated with their nondisabled peers to the maximum extent appropriate based on the individual needs of the qualified student (34 C.F.R. § 104.34(a)). 

4. All qualified individuals have the right to participate in nonacademic and extracurricular activities, including but not limited to recess, meals, counseling services, and athletics with nondisabled peers to the maximum extent appropriate based on the individual needs of the qualified student (34 C.F.R. § 104.34(b)).  

5. All qualified individuals have the right to be educated in comparable facilities, services, and activities to their nondisabled peers (34 C.F.R. § 104.34(c)). 

6. The District shall evaluate all students suspected to need special education or related services prior to engaging in placement procedures (34 C.F.R. § 104.35(a)). Parents or guardians have the right to refuse the initial evaluation of a student suspected to have a qualifying disability.  

7. The District must comply with evaluation procedures which ensure that tests and other formal, evaluation materials are validated for the specific purpose for which they are used and administered by trained personnel in conformance with the instructions provided by their producer, are tailored to assess specific areas of educational need, and accurately reflect a student’s aptitude when administered to a student with impaired sensory, manual, or speaking skills (34 C.F.R. § 104.35). 

8. The Section 504 committee, in reviewing evaluation data and making placement decisions must:

   •  Draw upon information from a variety of sources, including but not limited to aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; 

   •  Establish procedures to ensure that information obtained is documented and carefully considered; 

   •  Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of evaluation data, and the placement options; and

   •  Ensure that the placement is in the least restrictive environment (34 C.F.R. § 104.35(b)). 

   •  Parents or guardians have the right to refuse placement/services. 

9. The District must conduct periodic reevaluations of qualified students (34 C.F.R. § 104.35(c)). A reevaluation must occur at least every three years or when a significant change of placement occurs. 

10. Parents or guardians have the right to receive notice of any actions related to the identification, evaluation, or placement of a qualified student (34 C.F.R. § 104.36). 

11. Parents or guardians have the right to examine all relevant records of your child, including those related to the provision of Section 504 services to a qualified student (34 C.F.R. § 104.36). 

12. The parent/guardian/adult student has been informed after five (5) years of inactive status or graduation, Section 504 records will be destroyed and will no longer be available. 

13. At the age of majority (18), all rights provided herein will transfer to the adult student.