Central Kitsap School District

Section 504 is a federal civil rights law designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts receive federal funds, all public school districts must comply with Section 504. 

Once a district has determined that a student is eligible under Section 504, school districts are required to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. Under Section 504, a qualified student is protected from discrimination based on their disability, including exclusions or suspensions that are manifestations of the disability.

Disabilities under Section 504

• Physical or mental impairment: Any physiological or psychological disorder or condition and includes students with life threatening health conditions. Physiological and psychological disorders or conditions are not limited to any specific diseases or categories of medical conditions. The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. 
• Substantially limits: There is no single formula or scale that measures substantial limitations. An impairment may not prevent, or significantly restrict, a student in performing a major life activity, but must substantially limit the student’s ability to perform the activity compared to the student’s nondisabled age/grade peers.
• One or more major life activities: Any activity that is of importance to a school-aged student’s daily life. These may include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. General activities that are considered include major life activities such as eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. “Major bodily functions” that are major life activities include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. These lists are not exhaustive as other functions can be major life activities for purposes of Section 504.

Evaluation

Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

The Section 504 Regulatory Provision at 34 C.F.R. 104.35(c) requires that the district draw from a variety of sources in the evaluation process. The district must also document all available information and any significant factors obtained while considering how they affect the student's learning process. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, the district will not rely on presumptions and stereotypes regarding persons with disabilities.

The process for admitting students into Section 504 goes as follows: 

• Referral: Anyone suspecting a student has a disability can refer them under Section 504. 
• Evaluation: Does the student have a disability or impairment that substantially limits a major life activity? 
• Placement: Does the student need accommodations to ensure needs are met on an equal level as nondisabled students? 

CKSD Section 504 Coordinator

Andrea Bowman
Assistant Director of Student Supports
P.O. Box 8
Silverdale, WA 98383
(360) 662-1739, [email protected]

Section 504 Secretary

Libby Armstrong
Support Secretary
(360) 662-1737, [email protected]

Complaint Process

You have the right to file a complaint of discrimination with the U.S. Department of Education’s Office for Civil Rights (OCR), or to file a complaint in federal court. Generally, an OCR complaint may be filed within 180 calendar days of the act that you believe was discriminatory. The regional office is located at 915 Second Ave, Room 3310, Seattle, WA 98174-1099. Phone: 206-607-1600/TDD: 206-607-1647 Website: www.ed.gov/OCR

Read the Office of Superintendent of Public Instruction's (OSPI) website for more information on Section 504. 

https://ospi.k12.wa.us/sites/default/files/2023-08/disabilitysection504_english.pdf