The Section 504 Process
Eligible Section 504 students have the right to an evaluation before the school determines if he or she is eligible under Section 504. These parents have the right to:
- Receive notice before the school takes any action regarding the identification, evaluation, and placement of the student.
- Have evaluation and placement decisions made by a group of persons, often called a “504 team,” including people who know the student, the meaning of the evaluation information, and the placement options available.
- Have evaluation decisions based on a variety of sources. Examples of sources include, but are not limited to the following: grades or progress reports, parent(s)/legal guardian(s) input, teacher input, observations, disciplinary referrals, and formal testing.
- 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.
Eligible students under Section 504, have the right to periodic reevaluations, including reevaluations before any significant change is made in the student’s program and/or placement. Should a parent have any questions or concerns regarding the student’s Section 504 plan, contact the student’s school administrator or complex area superintendent for assistance.
If You Disagree With the School’s Decision
If the parent(s) of an eligible Section 504 student disagrees with the school’s decision regarding their child’s identification, evaluation, educational program, or placement under Section 504, the parent(s) may request mediation or an impartial due process hearing. The parent(s) and their 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 the student’s school. The following is a direct link to the “Section 504 Request for Impartial Due Process Hearing” form.
Parent(s) of eligible Section 504 students have the right to file a complaint of discrimination with the Department’s Civil Rights Compliance Branch.
Hawaiʻi State Department of Education
Civil Rights Compliance Branch
PO Box 2360
Honolulu, HI 96804
Phone: (808) 586-3322
Parent(s) of eligible Section 504 students also have the right to file with the U.S. Department of Education’s Office for Civil Rights (OCR).
U.S. Department of Education
Office for Civil Rights (OCR)
915 Second Ave, Room 3310
Seattle, WA 98174-1099
Rights of Parents and Students under Section 504, Subpart D and Hawaii Law and Regulations
Procedural Safeguards Notice Under IDEA
In accordance with 34 CFR §300.504(a) and HAR §8-60-59, schools are required to provide a copy of the Procedural Safeguards Notice to parent(s) only one time a school year, except that a copy must also be given to parent(s) during the following circumstances:
(1) Upon initial referral or parent(s) request for evaluation;
(2) Upon receipt of the first State complaint and upon receipt of the first due process complaint in a school year;
(3) In accordance with discipline procedures in 34 CFR §300.530(h); and
(4) Upon request by a parent(s).
Note the following additions in the SY 2022-2023 Procedural Safeguards Notice: