Overview of Section 504 and ADA
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal civil rights statute that prohibits discrimination against individuals with disabilities. Section 504 applies to recipients of federal financial assistance, including public school districts.
In 1990, Congress enacted the Americans with Disabilities Act (ADA), which also prohibits discrimination against individuals with disabilities. Title II of the ADA applies to all public entities, including school districts.
The Office of Civil Rights (OCR) oversees enforcement of Section 504 and ADA in public schools.
PSD Section 504 Resources
PSD Section 504 Parent/Student Rights
- PSD Section 504 Parent/Student Rights - English PDF
- PSD Section 504 Parent/Student Rights - Spanish PDF
You have the right to:
1. Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her disability.
2. Have the school district advise you of your rights under federal law.
3. Receive notice with respect to identification, evaluation, or placement of your child.
4. Receive all information in your native language and/or primary mode of communication.
5. Have your child receive a free appropriate public education (FAPE). This includes the right to be educated with students without disabilities to the maximum extent appropriate. It also includes the right to have the school district make accommodations to allow your child an equal opportunity to participate in school and school-related activities.
6. Have your child educated in facilities and receive services comparable to those provided to students without disabilities.
7. Have evaluation educational and placement decisions made based upon a variety of information sources, and by the persons who know the student, evaluation data, and the placement options.
8. Have your child receive special education and related services if he/she is found to be eligible under Section 504 of the Rehabilitation Act.
9. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student was placed in a program operated by the district.
10. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.
11. Examine all relevant records relating to decision regarding your child’s identification, evaluation, educational program, and placement.
12. Expect annual reviews of your child’s 504 plan which may include (1) the need for additional evaluation information; (2) continued eligibility under Section 504; and (3) the content of the plan and service provider.
13. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
14. Receive a response from the school district to reasonable requests for explanation and interpretations of your child’s records.
15. 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 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.
16. 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.
17. File a 504 grievance if you have a disagreement with the school.
Section 504 is enforced by the U.S. Department of Education, Office for Civil Rights (OCR).
Office for Civil Rights, Denver Office
US Department of Education, Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, Colorado, 80204-3582
Telephone 303-844-5695, Facsimile 303-844-4303,
PSD Policies and Grievance Procedures