2162 Policy – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be a qualified disabled person under this law even though they are not eligible for services pursuant to the Individuals with Disabilities Education Act.

Section 504 is a civil rights law which protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education. A child is a “qualified disabled person” under Section 504 if the student:

A. Has a physical or mental impairment that substantially limits one or more major life activities (such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating and working), has a record of such an impairment or is regarded as having such an impairment; and
B. Is between the ages of 3 to 21 years old.

The superintendent or designee will establish procedures to ensure that students who are disabled within the definition of Section 504 are educated in full compliance with the law.

Cross References:

Policy 2161 - Special Education and Related Services for Eligible Students

Policy 3210 - Nondiscrimination

Policy 3246 - Restraint, Isolation and Other Use of Reasonable Force

Legal References:

42 USC 12101 et seq. Americans With Disabilities Act of 1990

34 CFR Part 104 Section 504 of the Rehabilitation Act of 1973

34 CFR Part 99 Family Educational Rights and Privacy Act

RCW 28A.600.485 Restraint of studentsUse of restraint or isolation specified in individualized education programs or plans developed under section 504 of the rehabilitation act of 1973ProceduresSummary of incidents of isolation or restraintPublishing to web site

RCW 28A.600.486 District policy on the use of isolation and restraint Notice to parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973

Management Resources:

Policy News, November 2016