Section 504 of the Rehabilitation Act of 1973, as amended, is designed to eliminate discrimination based on disability in any program or activity receiving federal financial assistance. This act requires that no qualified student who demonstrates a physical or mental impairment that substantially limits one or more major life activities, (i.e. self-care, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, operation of a major bodily function, and communicating) shall be excluded from participation in, be denied the benefit of, or be subject to discrimination in any program or activity offered by Lexington School District Four. An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.
The determination of impact to one or more major life activity must be made without regard to any ameliorative effects of mitigating measures (i.e. medication, medical supplies, equipment, low-vision devices, prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies).
Lexington School District Four shall offer a free appropriate public education (FAPE) to each qualified student with a disability. Services provided to qualified students are not required to produce identical results or level of achievement with nondisabled peers. Services must be designed to offer an equal opportunity to gain the same benefit within the most integrated setting appropriate.
A student who is not disabled, but has a record of, or is regarded as, disabled is protected under Section 504 insofar as an alleged discriminatory action based on that history or perception. The fact that a student has a “record of, or is “regarded as” having an impairment is insufficient by itself to require reasonable accommodations.