Menu Close

(16.18) Does Section 504 establish procedural safeguards for parents/guardians/other education rights holders?

(16.18) Does Section 504 establish procedural safeguards for parents/guardians/other education rights holders?

Yes. Section 504 requires school districts to establish a system of procedural safeguards to include the following rights for parents:

  1. Right to a written notice of procedural safeguards containing information about identification, evaluation, refusal to evaluate and educational placement of the child.[1];
  2. Right to information about denial of an educational placement and any significant change of placement.[2];
  3. Right to an evaluation of a child suspected to have a disability before the initial placement and before any subsequent significant change of placement.[3];
  4. An opportunity to examine all relevant records in a timely manner.[4];
  5. Right to an impartial hearing, with participation by parent and representation by counsel, for disputes concerning identification, evaluation or educational placement of the child.[[Talbot County (OH) Pub. Schs., 52 IDELR 205 (OCR 2008).];
  6. Right to appeal the final decision of the impartial hearing officer to a court of competent jurisdiction.[[Forest Hills (Oh) Local Sch., 58 IDELR 114 (OCR 2011).];
  1. Forest Hills (OH) Local Sch. Dist., 58 IDELR 114 (OCR 2011).[]
  2. Hudson (NH) Sch. Dist., 58 IDELR 22 (OCR 2011).[]
  3. Lourdes Charter Sch., 57 IDELR 53 (OCR 2011).[]
  4. Indian Prairie Sch. Dist., 51 IDELR 255 (OCR 2008).[]