Section 504 of the Rehabilitation Act of 1973 is a nondiscrimination statute enacted by the United States
Congress. Title II of the Americans with Disabilities Act is interconnected with Section 504. The purpose
of both of these laws is to prohibit discrimination and to assure that qualified, disabled students and
parents/guardians have educational opportunities and benefits, as well as participation in educational/schoolsponsored
programs and access to facilities/programs equal to those provided to nondisabled students and
parents/guardians.

An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is regarded
as having, a disability which is defined as a physical or mental impairment/disease/cosmetic disfigurement
which substantially limits a major life activity such as learning, self-care, walking, seeing, hearing,
speaking, breathing, working and performing manual tasks. In addition, a disability may also be physical or
mental impairment/disease/cosmetic disfigurement which limits one of the major systems of the body,
including, but not limited to the respiratory, circulatory, endocrine, and digestive systems.

Dual Eligibility: Many students will be eligible for educational services under both Section 504 and the
Individuals with Disabilities Education Act (IDEA). Students who are eligible under the IDEA have many
specific rights that are not available to students who are eligible solely under Section 504. It is the purpose
of this Notice form to set out the rights assured by Section 504 to those disabled students who do not qualify
under the IDEA.

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

  1. You have a right to be informed by the school district of your rights under Section 504. (The purpose of
    this Notice form is to advise you of those rights.) 34 CFR 104.32
  2.  Your disabled child has the right to an appropriate education designed to meet his/her individual
    educational needs as adequately as the needs of nondisabled students are met. 34 CFR 104.33
  3. Your child has the right to free educational services except for those fees that are imposed on
    nondisabled students or their parents. Insurers and similar third parties are not relieved from an otherwise
    valid obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33
  4. Your child has a right to placement in the least restrictive environment. 34 CFR 104.34
  5. Your child has a right to facilities, services, and activities that are comparable to those provided for
    nondisabled students. 34 CFR 104.34
  6. Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent
    significant change in placement. 34 CFR 104.35
  7. Testing and other evaluation procedures must conform with the requirements of 34 CFR 104.35 as to
    validation, administration, areas of evaluation, etc. The district shall consider information from a variety of
    sources, including aptitude and achievement tests, teacher recommendations, physical conditions, social and
    cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent
    observations and anecdotal reports. 34 CFR 104.35.
  8. Placement decisions must be made by a group of persons (i.e., the Section 504 Team), 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
  9. If eligible under Section 504, your child has a right to periodic reevaluations, generally every three
    years. 34 CFR 104.35
  10. You have the right to notice prior to any action by the district in regard to the identification, evaluation,
    or placement of your child. 34 CFR 104.36
  11. You have the right to examine relevant records. 34 CFR 104.36
  12. You have the right to an impartial hearing with respect to the district’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
  13. If you wish to challenge the actions of the district’s Section 504 Team in regard to your child’s
    identification, evaluation, or educational placement, you should file a written Notice of Appeal with the
    district’s Section 504 Coordinator (Sarah Orlov, 40 Kingsbury Street, Wellesley, MA 02481; phone: 781-
    446-6210 x 5629) within 5 calendar days from the time you received written notice of the Section 504 Team
    action(s). A hearing will be scheduled before an impartial hearing officer and you will be notified in writing
    of the date, time, and place for the hearing.
  14. If you disagree with the decision of the impartial hearing officer, you have a right to a review of that
    decision by a court of competent jurisdiction. 34 CFR 104.36.
  15. On Section 504 matters other than your child’s identification, evaluation, and placement, you have a
    right to file a complaint with the district’s Section 504 Coordinator (or designee), who will investigate the
    allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and
    equitable resolution.
  16. You also have a right to file a complaint with the Office for Civil Rights.

Office for Civil Rights
One Ashburton Place
Boston, MA 02108
(617) 727-8400