Policy: 2162
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 are identified, evaluated and provided with appropriate educational services. Students may be disabled under this policy even though they are not eligible for services pursuant to the Individuals with Disabilities Education Act (IDEA).
Section 504 of the Rehabilitation Act of 1973 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 one’s self, 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 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:
2161 – Special Education and Related Services for Eligible Students
3210 – Nondiscrimination
3246 – Restraint, Isolation and Other Uses 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 CFE Part 99 Family Educational Rights and Privacy Act
RCW 28A.600.485 Restraint of students – Use of restraint or isolation specified in individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 – Procedures – Summary of incidents of isolation or restraint – Publishing 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
Adopted 6/20/2012
Revised 1/2017