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2162 - Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973 Policy

Policy 2162

Procedure 2162P

INSTRUCTION 

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 (Section 504) 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 he or she:  

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:    
District Policy 2161    Special Education and Related Services for Eligible Students 
District Policy 3210    Nondiscrimination 
District Policy 3313    Use of Restraint or Isolation with Special Needs Students 

Legal References:    
34 CFR Part 104    Section 504 of the Rehabilitation Act of 1973 
45 CFR Part 99    Family Education and Privacy Act 
42 USC 12101 et seq Americans with Disabilities Act of 1990 

Adoption Date:  June 13, 2017