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

Policy No. 2162  

Instruction  

Montesano School District No. 66  

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 22 years old.  

The district will comply with the federal policies that require free appropriate public education,  childfind, equal educational opportunity, confidentiality of information, parent involvement,  participation in least restrictive environment, evaluations, placement, reevaluation, programming  to meet individual needs, placement procedures, nonacademic services, preschool and adult  education programs, disciplinary exclusion, transportation, procedural requirements, appropriate  funding, accessibility, special issues related to drug or alcohol addicted students, special  considerations for students having AIDS or HIV infection, and special issues related to  ADD/ADHD students.  

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 Reference: Board Policy 2161 Education of Students with Disabilities   Board Policy 3210 Nondiscrimination  

Legal References: 42 USC 12212 Section 512 Americans With Disabilities  Act of 1990  

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

45 CFR Part 99 Family Education and Privacy Act  

School District Name: Montesano School District  

Revised: 06.11

Policy No. 2162  

Instruction  

Classification: Essential