Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination/harassment on the basis of disability in any program or activity receiving federal financial assistance. SCCOE has specific responsibilities related to the provision of a "free appropriate public education" (FAPE) to school age individuals with disabilities under Section 504 and the Individuals with Disabilities Education Act (IDEA).
To meet the criteria for Section 504 protections, a child must:
As a result of the Americans with Disabilities Act Amendments Act (ADAAA) there is a broader application of the definition of disability under the ADA and Section 504. The new law eliminated the consideration of ameliorative effects of mitigating measures when determining whether a student has a disability, though they remain relevant when evaluating students' needs for accommodations/services. This means more students may be eligible for Section 504 nondiscrimination protections whether or not they currently need Section 504 plan accommodations/services.
SCCOE affirms that no qualified student with a disability shall, on the basis of that disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination/ harassment under any SCCOE program or activity. The denial of equal access to SCCOE’s educational programs and/or activities and/or the denial of a "free appropriate public education" (FAPE) on the basis of a student's disability (ies) is considered disability-based discrimination under both federal and state law and, as such, a violation of policy. Any student/parent/guardian/individual/organization has the right to file a written complaint of disability discrimination, including but not limited to failure to provide equal access to a student with a disability, failure to provide FAPE, failure to implement a student's IEP, and failure to adhere to a student's procedure safeguards, within six months from the date the alleged discrimination occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination.
To File a Written Complaint Visit:Uniform Complaint Process
Or Contact:Steve Olmos, Ed.D.Assistant Superintendent - Student Services and Support Division (408) 453-6560
1290 Ridder Park Drive San Jose, CA 95131
A report of findings is developed within 60 days of receiving the written complaint addressing the complainant’s discrimination or special education non-compliance allegations.
Alternative Dispute Resolution (ADR) is a way to resolve special education compliance complaints that are formally-filed with the California Department of Education (CDE) in a manner that meets your child’s needs within 20 days. Visit
CDE Alternative Dispute Resolution for further information on resolving issues. `