It’s the intent of the San Jose Unified School District, pursuant to Section 504 to the Rehabilitation Act of 1973 (“Section 504”), to provide appropriate education to each qualified disabled student within its jurisdiction, regardless of the nature of the severity of the student’s disability.
A disabled student eligible for services under Section 504 is one who (a) has a physical or mental impairment that substantially limits one or more major life activities, including learning, (b) has a record of such an impairment, or (c) is regarded as having such an impairment. Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. A qualified disabled student, with respect to public preschool, elementary, secondary or adult educational services, is a disabled person of age during which non-disabled persons are provided such services, or of any age during which it is mandatory under state law to provide such services to disabled persons.
Students who, because of a disability or disabilities and need or are believed to need services, are addressed under this policy. Students who are identified as individuals with exceptional needs according to the IDEA eligibility criteria are covered under a separate policy, which satisfies the standards of the state law and IDEA.
Section 504 eligible students will generally be placed in the regular public school classroom. Within the regular educational classroom, the District will consider a full range of supplemental aids and services available within the District to provide students with disabilities access to District programs equal to that of their non-disabled peers. If a Section 504 eligible student does not obtain an educational benefit from the regular public school classroom, with modifications, the student may be assessed for special education, with parent(s)/guardian(s) consent.
A student will not be denied access to special education or any other District program solely because the student has a disability within the meaning of Section 504.However, a student with a Section 504 disability is not guaranteed automatic admittance to special education.