Policy 2160 - Education of Students with Disabilities

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

It is the intent of the Richland School 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 do not qualify 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 (1) 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 (2) is between the ages of 3 to 21 years old. 

The District will comply with the federal requirements through the policies that deal with free appropriate public education, child find, 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. 

Although Individualized Health Care Plans (IHCP) under state law and Policy 3413 may have a different process, IHCPs have the same status and enforceability as student accommodation plan under Section 504. 

Student Section 504 Handbook

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 
34 CFR Part 99 Family Educational Rights and Privacy Act 
RCW 28A.155 Special Education 
RCW 28A.210 Health - Screening and Requirements 
WAC 180-38-005-008 Immunization and Life-Threatening Health Conditions 
WAC 392-172A Rules and Regulations for Programs Providing Services to Children with Disabilities 
WAC 392-182 Health Records 
 

Adoption:

Adopted: October 25, 1994 
Revised: January 10, 2006 
Revised: January 10, 2012