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  3. Section 504

Section 504

 

Section 504 of the Individuals with Disabilities Education Act is a civil rights law that prohibits the discrimination on the basis of disability. The law applies to public elementary and secondary schools and other federally funded institutions. Under Section 504, denying a disabled student a free appropriate public education constitutes disability discrimination.

  • A school-aged student is considered disabled under Section 504 if the student:
    Has a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

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    Any person can refer a student for evaluation under Section 504. Parents, guardians, and school staff should refer a student for evaluation if they know or suspect that, due to a physical or mental impairment, a student needs accommodations to participate in or benefit from a district's education program.

  • A 504 plan is a written plan that describes the educational and related aids and services that a district determines a student needs to receive a Free and Appropriate Public Education. The content of a 504 plan may change within a school year or between school years as a students needs and services change. For a student whose only disability is a life-threatening health condition, an individual health plan or nursing care plan may serve as the students 504 plan. A district must provide the services identified in a student's 504 plan.

    The Office of Superintendent of Public Instruction (OSPI) has additional information about Section 504 and Student with Disabilities, including a Parent and Education Guide to Free and Appropriate Public Education (Section 504).

    More information about student rights under Section 504 are outlined on the Notice of Parent/Guardian and Student Rights for Section 504.

    For more information about Section 504 please see your school counselor.

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