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Posted: Oct 6th, 2008 at 12:52 am
Section 504 – FAQs
[url]http://www.eed.state.ak.us/tls/sped/word/J.Rich_Sect_504_%20FAQs.doc[/url]
Does a student with a “life threatening health condition,” as defined by state law, automatically qualify as a disabled student under Section 504?
Yes. Because state law, SHB 2834, defines “life threatening health condition” as a health condition that puts a student in danger of death during the school day if a medication or treatment order and a nursing care plan are not in place, by definition, a student with a “life threatening health condition” has a physical or mental impairment that substantially limits a major life activity, and qualifies as a disabled student under Section 504.
What is “discrimination” under Section 504?
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denies a disabled student the opportunity to participate in programs or activities that are not separate or different unless there is a legitimate and nondiscriminatory reason for doing so (e.g., denies disabled students the opportunity to eat meals in the school cafeteria, prohibits disabled students from participating in full day kindergarten, refuses to allow disabled students to enroll in regular physical education classes);
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otherwise limits a disabled student in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others (e.g., denies disabled students admission under school choice);