No otherwise qualified individual with a disability...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Section 504 of the rehabilitation act of 1973
Section 504 is a civil rights law. To meet the criteria for Section 504 protections, a child must...
have a physical or mental impairment that substantially limits one or more major life activities;
have a record of such impairment, or
be regarded as having such an impairment.
Under Section 504, a plan may be developed to assist students with disabilities that require accommodations in order to access the general education program.
FREQUENTLY ASKED QUESTIONS ABOUT SECTION 504
What is a Major Life Activity?
Major life activities include: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.
What are some examples of disabilities that might substantially limit a major life activity?
Attention Deficit Disorder
Who decides if a student meets the criteria under Section 504 of the Rehabilitation Act of 1973?
The school's Section 504 Committee conducts an evaluation to determine if the student meets the three prong criteria as disabled under federal law, by:
determining if the student has a potentially limiting mental or physical disability
determining if the student's disability impairs a major life activity; and
determining if the student's physical or mental impairment substantially limits the major life activity.
Some examples of assistance that can be provided in a Section 504 plan are:
Providing additional time for homework assignments
Changing the way tests are given
Seating in the front of the class
Creating a behavior support plan
The District 504 Committee is comprised of members of different aspects of the educational system in the Los Banos Unified School District. The committee meets monthly to hear new case referrals and to review existing cases to determine continued eligibility.
What rights do Parents/Guardians have under Section 504 of the Rehabilitation Act?
written notification of any decisions concerning the identification, evaluation, and/or accommodations
information needed to appeal any such decisions; and
examination of relevant records
How are Section 504 Complaints made?
Written Section 504 complaints that involve the following may be taken to the site administrator and/or Section 504 designee.
disagreements with decisions or actions taken or not taken in regard to a student's Section 504 evaluation or plan and/or
discrimination/harassment that is based on a student's actual or perceived disability.
Please note that discrimination/harassment complaints must be filed within six (6) months from the date that the last incident(s) occurred.
Local school site resolutions are encouraged. However, if the complaint cannot be resolved, a written complaint may be filed with the Local District's Section 504 designee.
Where Can I Obtain Further Information or Assistance?
At your school site
At the L.B.U.S.D. Special Services Dept., (209) 827-0120
Director, Special Services and 504 Compliance Officer