Revised – July 2015
NOTICE OF SECTION 504 PARENTAL RIGHTS
Lincoln County Schools is committed to complying with federal law and Section 504 of the
Rehabilitation Act of 1973, and the Amendments Act of 2008. Section 504 of the Rehabilitation Act of
1973 is a nondiscrimination statute. Section 504 prohibits discrimination on the basis of disability. In
order to prevent discrimination, the school system must provide eligible students with disabilities the
same educational opportunities and benefits equal to those provided to non-disabled students.
The Office of Civil Rights states that, “to be protected under Section 504, a student must be determined
to:
(1) have a physical or mental impairment that substantially limits one or more major life activities;
(2) **have a record of such an impairment; or
(3) **be regarded as having such an impairment.”
**Numbers 2 and 3 of the above determination are not used in the educational setting. The last two
prongs of that definition are meant to be used in situations where individuals either never were or are not
currently handicapped, but are treated as if they were. These are most often used in the workplace.
It is exceedingly rare for them to be used in elementary or secondary education, since the student is not,
in fact, mentally or physically handicapped, and therefore has no need for procedural safeguards, special
education or related services.
They CANNOT be the basis upon which the requirement of FAPE is triggered.
Eligible students are entitled to the following:
1 – An appropriate education designed to meet the individual educational needs of the student with
disabilities as adequately as the needs of non-disabled students are met. (34 CFR 104.33(b)(1)(2)).
2 – A free public education except for fees required of non-disabled students or their parents. (34 CFR
104.33)); educational placement with non-disabled students to the maximum extent appropriate. (34
CFR 104.34(a)(b)(c)); a pre-placement evaluation with respect to an initial Section 504 placement. (34
CFR 104.35(a)); placement decisions made by a Section 504 team which includes people knowledgeable
of the student, the meaning of evaluation data and placement options. (CFR 104.35(c)); and a periodic
review. (34 CFR 104.35(d))
3 – Prior notice of any action by the school system with respect to the identification, evaluation or
placement of your child. (34 CFR 104.36)
4 – The right to examine relevant records. (34 CFR 104.36)
5 – The right to an impartial hearing and decision review, which includes the right to parental
participation and representation by legal counsel with respect to the school system’s actions regarding
the identification, evaluation or educational placement. (34 CFR 104.36)
6 – Use of the school system’s grievance procedure to provide prompt and equitable resolution of the
allegations regarding actions prohibited by Section 504. (34 CFR 104.7(b))
Please contact the school principal for questions or concerns regarding your child's education.
For additional information regarding Section 504 of the Rehabilitation Act of 1973, please contact
DeAnna Finger, System 504 Coordinator at Lincoln County Schools by phone at (704) 732-2261 or
email to dfinger3@linclon.k12.nc.us.
© 2015 – Mary Moren