What is Section 504?
Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.
No qualified person with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under and District service, program or activity.
A “student with a disability” is one who has, or who has a record of having, or who is regarded as having a physical or mental impairment that substantially limits one or more major life activities, such as 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. 42 U.S.C. §12102(4)(a)(2)(A). It also includes “the operation of a major bodily function” as follows: For purposes of paragraph (1), a major life activity also includes 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. 42 U.S.C. §12102(4)(a)(2)(B).[Board Policy FB (Legal)]
To prohibit discrimination on the basis of disability and to ensure that all disabled students have educational opportunities and benefits equal to those provided to non-disabled students.
Pursuant to Section 504 of the Rehabilitation Act of 1973, C-FB has a duty to identify, refer, evaluate and if eligible, provide a free appropriate education to disabled students. For more information please contact your campus Section 504 Designee.
Section 504 Regulations
34 C.F.R. Section 104.3(k)(2) define a qualified individual with a disability, with respect to elementary and secondary education programs, as one who is of an age during which non-disabled individuals are provided educational services: of any age during which it is mandatory under state law to provide such services to disabled individuals; or who is entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act.
Section 504 Eligibility
To become eligible for services and protection against discrimination on the basis of a disability under Section 504, a student must be determined, as a result of an evaluation, to have a “physical or mental impairment” that “substantially limits one or more major life activities.”
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