JBAA - Section 504 - Students
Code: JBAA
Readopted: 5/14/18
Adopted: 12/14/09
Orig. Code(s): JBAA
In compliance with the requirements of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADA), the District shall ensure that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity conducted by the district or those provided by the district through contractual or other arrangements. Programs and activities shall be accessible and usable by individuals with disabilities as prescribed by law.
The superintendent will ensure all Section 504-qualified students with disabilities are identified annually. A qualified individual with disabilities under Section 504 is an individual who has a physical or mental impairment[1] that substantially limits one or more major life activities[2]; has a record of such an impairment; or is regarded as having such an impairment. Students will be evaluated by a team of qualified individuals knowledgeable about the student, the meaning of the evaluation data and placement options. Services will be provided as required by law.
END OF POLICY
Legal Reference(s):
ORS 192.630
ORS 326.051(1)(e)
ORS 659.850
ORS 659.865
ORS 659A.103
ORS 659A.109
OAR 581-015-2030
OAR 581-021-0045
OAR 581-021-0046
OAR 581-021-0049
OAR 581-022-2310
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2012); 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).
Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 793-794 (2012).
Americans with Disabilities Amendments Act of 2008.
Nondiscrimination on the Basis of Handicap in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 104 (2017).
[1]Impairments which may substantially limit major life activities, and without regard for the ameliorative effects of medication or aids/devices include, but are not limited to, chronic asthma and severe allergies, blindness or visual impairment, cancer, diabetes, deafness or hearing impairment, heart disease, mental illness and conditions which may be episodic or in remission.
[2]Major life activities, as defined by the Americans with Disabilities Act Amendments Act of 2008, include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating; and major bodily functions, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.