What Due Process Rights Do Parents and Guardians Have Under Section 504?
Section 504 gives parents and guardians the right to challenge district decisions regarding the identification, evaluation and educational placement of the child. Under Section 504, a district must notify a student’s parent or guardian before it takes any action regarding the identification, evaluation, or placement of the child and provide the parent of guardian an opportunity to challenge the action if they disagree. “Any action” includes a decision not to evaluate a student and denial of placement. The minimum necessary due process rights include: prior notice of any action; a right to inspect records; an impartial hearing with a right to representation by counsel; and a review procedure.
