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APPENDIX
B |
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Sample
Parent/Student Rights in Identification, Evaluation and Placement |
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Please Keep This
Explanation for Future Reference
(Section 504 of the Rehabilitation Act of 1973)
The following is a description of the rights granted by federal law
to students with disabilities. The intent of the law is to keep you
fully informed concerning decisions about your child and to inform you
of your rights if you disagree with any of these decisions.
You have the right to:
- Have your child take part in, and receive benefits from public
education programs without discrimination because of his/her
disabling conditions.
- Have the school district advise you of your rights under federal
law.
- Receive notice with respect to identification, evaluation, or
placement of your child. Parent consent must be obtained before
conducting an initial evaluation and placement.
- Have your child receive a free appropriate public education. This
includes the right to be educated with nondisabled 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.
- Have your child educated in facilities and receive services
comparable to those provided nondisabled students.
- Have your child receive special education and related services if
s/he is found to be eligible under the Individuals with Disabilities
Education Act or Section 504 of the Rehabilitation Act.
- Have evaluation, educational, and placement decisions based upon a
variety of information sources, and by persons who know the student,
the evaluation data, and placement options.
- 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.
- Have your child be given an equal opportunity to participate in
nonacademic and extracurricular activities offered by the district.
- Examine all relevant records relating to decisions regarding your
child's identification, evaluation, educational program, and
placement.
- Obtain copies of educational records at a reasonable cost unless
the fee would effectively deny you access to the records.
- A response from the school district to reasonable requests for
explanations and interpretations of your child's records.
- 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, it shall notify
you within a reasonable time and advise you of the right to a
hearing.
- 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 ______________________________.
- Ask for payment of reasonable attorney fees if you are successful
on your claim.
- File a local grievance.
The person in this district who is responsible for assuring that the
district complies with Section 504 is (name of person).
Telephone Number ________________
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