Health Services / Section 504 / Students with Disabilities

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Section 504 / Students with Disabilities

What is Section 504?

“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 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.

Please use the links below to download a brief booklet for parents about Section 504 policies.

504 Parent Booklet in English

504 Parent Booklet in Spanish

504 Parent Booklet in Chinese

504 Parent Booklet in Vietnamese

504 Parent Booklet in Cambodian

504 Parent Booklet in Arabic

Frequently Asked Questions about Section 504

1. What is a "major life activity?"

2. What are some examples of disabilities that might substantially limit a major life activity?

3. Who decides if a student meets the criteria under Section 504 of the Rehabilitation Act of 1973?

4. What are examples of assistance that can be provided in a Section 504 plan?

5. What rights do parents/guardians have under Section 504 of the Rehabilitation Act?

6. How is a Section 504 complaint made?

7. Where can I obtain further information or assistance?

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
Cancer
Chronic Asthma
Cystic Fibrosis
Diabetes
Physical disabilities
Seizure Disorder
Severe Allergies
Sickle Cell Anemia
Temporary disabilities

Who decides if a student meets the criteria under Section 504 of the Rehabilitation Act of 1973?

The school's Section 504 team conducts an evaluation to determine if the student meets the criteria as disabled under federal law. The team determines if the student's disability/physical or mental impairment substantially limits a major life activity.

What are examples of assistance that can be provided in a Section 504 plan?

Seating in the front of the class
Creating a behavior support plan
Testing accommodations
Alternative formats of classroom materials
Providing additional time for homework assignments

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 is a Section 504 complaint made?

A written Section 504 complaint that involves the following may be referred to the site administrator and/or Section 504 designee:

Disagreement with decision or action 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 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 District 504 Coordinator.

If you wish to file a complaint, you may also contact Gabriel Valenzuela, Ombudsperson, to obtain a copy of the Uniform Complaint Procedures. Complaint forms are also available on the district’s webpage under Departments, Office of the Ombudsperson. The Office of the Ombudsperson is located at 1000 Broadway, Suite 150, Oakland, CA 94607. The telephone number is (510) 879-3667, fax (510) 879-3678, and you can email the Ombudsperson at: gabriel.valenzuela@ousd.org.

Where can I obtain further information or assistance?

Ask for more information at your child’s school site, or contact:

Paris Pryor

Health Services Coordinator/District 504 Coordinator

954 54th St. Oakland, CA 94608