Section 504 of the Rehabilitation Act of 1973, commonly called “Section 504,” is a federal law that protects students from discrimination based on disability. Section 504 assures that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities. To be eligible, a student must have a physical or mental impairment that substantially limits one or more major life activities.
The Section 504 Process
Your child has the right to an evaluation before the school determines if he or she is eligible under Section 504. You have the right to:
- Maua se fa'aaliga a'o le'i faia e le a'oga so'o se gaioiga e fa'atatau i le fa'ailoaina, iloiloga ma le tu'uina o lau tama.
- Have evaluation and placement decisions made by a group of persons, often called a “504 team,” including people who know your child, the meaning of the evaluation information, and the placement options available.
- Fai ni fa'ai'uga o iloiloga e fa'atatau i fa'amatalaga eseese. O fa'ata'ita'iga o fa'apogai e aofia ai, ae le fa'atapula'aina i mea nei: togi po'o lipoti o le alualu i luma, au sao, manatu a le faiaoga, matau, fa'atonuga fa'atonu ma su'ega aloa'ia.
- Refuse consent for the evaluation and provision of services under Section 504.
- Develop a Section 504 plan when accommodations and related services are necessary to receive a free appropriate public education to access equal educational opportunities.
Your child under Section 504 have the right to periodic reevaluations, including reevaluations before any significant change is made in your child’s program and/or placement. Should you have any questions or concerns regarding their Section 504 plan, contact the school administrator or complex area superintendent for assistance.
Afai e te le ioe i le faaiuga a le aoga
If you disagree with the school’s decision regarding their child’s identification, evaluation, educational program or placement under Section 504, you may request mediation or an impartial due process hearing. You and your child have the right to take part in the hearing and have an attorney represent them. Requests for an impartial due process hearing are to be filed in writing to the complex area superintendent of your child’s school. The following is a direct link to the “Section 504 Request for Impartial Due Process Hearing” (PDF) fomu.
E iai lau aiā tatau e faila ai se fa'aseā o le fa'aituau i le Lala o le Tausisia o Aia Tatau a le HIDOE.
Matagaluega o Aoga a le Setete o Hawaii
Paranesi Tausia Aia Tatau a Tagata
Pusa meli 2360
Honolulu, HI 96804
Ph: 808-586-3322
E iai fo'i lau aiā tatau e faila ai ile Ofisa o A'oga a le US Department of Education's Office for Civil Rights.
US Department of Education
Ofisa mo Aia Tatau a Tagata
915 Second Ave, Potu 3310
Seattle, WA 98174-1099