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Section 504 Rights

Notice of Rights of Students and Parents Under Section 504

Section 504 of the Rehabilitation Act of 1973, commonly referred to as "Section 504," is a
nondiscrimination statute enacted by the United States Congress. The purpose of Section 504 is
to prohibit discrimination and to assure that disabled students have educational opportunities and
benefits equal to those provided to non-disabled students.
For more information regarding Section 504, or if you have questions or need additional
assistance, please contact your local system’s Section 504 Coordinator at the following address:

Darren Berry
Director of Student Services/Section 504 Coordinator
Newton County School System
2109 Newton Drive
Covington, GA 30014

The implementing regulations for Section 504 as set out in 34 CFR Part 104 provide parents and/
or students with the following rights:

1. Your child has the right to an appropriate education designed to meet his or her individual
educational needs as adequately as the needs of non-disabled students. 34 CFR 104.33.

2. Your child has the right to free educational services except for those fees that are imposed on
non-disabled students or their parents. Insurers and similar third parties who provide
services not operated by or provided by the recipient are not relieved from an otherwise
valid obligation to provide or pay for services provided to a disabled student. 34 CFR

3. Your child has a right to participate in an educational setting (academic and nonacademic)
with non-disabled students to the maximum extent appropriate to his or her needs. 34
CFR 104.34.

4. Your child has a right to facilities, services, and activities that are comparable to those
provided for non-disabled students. 34 CFR 104.34.

5. Your child has a right to an evaluation prior to a Section 504 determination of eligibility. 34
CFR 104.35.

6. You have the right to not consent to the school system’s request to evaluate your child. 34
CFR 104.35.

7. You have the right to ensure that evaluation procedures, which may include testing, conform
to the requirements of 34 CFR 104.35.

8. You have the right to ensure that the school system will consider information from a variety of
sources as appropriate, which may include aptitude and achievement tests, grades, teacher
recommendations and observations, physical conditions, social or cultural background,
medical records, and parental recommendations. 34 CFR 104.35.

9. You have the right to ensure that placement decisions are made by a group of persons,
including persons knowledgeable about your child, the meaning of the evaluation data,
the placement options, and the legal requirements for least restrictive environment and
comparable facilities. 34 CFR 104.35.

10. If your child is eligible under Section 504, your child has a right to periodic reevaluations,
including prior to any subsequent significant change of placement. 34 CFR 104.35.

11. You have the right to notice prior to any actions by the school system regarding the
identification, evaluation, or placement of your child. 34 CFR 104.36.

12. You have the right to examine your child’s educational records. 34 CFR 104.36.

13. You have the right to an impartial hearing with respect to the school system’s actions
regarding your child's identification, evaluation, or educational placement, with
opportunity for parental participation in the hearing and representation by an attorney. 34
CFR 104.36.

14. You have the right to receive a copy of this notice and a copy of the school system’s
impartial hearing procedure upon request. 34 CFR 104.36.

15. If you disagree with the decision of the impartial hearing officer (school board members and
other district employees are not considered impartial hearing officers), you have a right to
a review of that decision according to the school system’s impartial hearing procedure. 34
CFR 104.36.

16. You have the right to, at any time, file a complaint with the United States Department of
Education’s Office for Civil Rights.