SECTION 504

HANDBOOK AND IMPLEMENTATION GUIDE

PROCEDURES AND FORMS FOR IDENTIFICATION, EVALUATION AND PLACEMENT

UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973

Revised August 2013

Introduction

Section 504 of the Rehabilitation Act of 1973, with its subsequent amendments, is a federal civil rights law that prohibits discrimination against students with disabilities. Section 504 regulations require school districts to provide appropriate education to students with disabilities. This manual provides guidance on the implementation of Section 504 by Charlotte-Mecklenburg Schools. The manual, computer fill-in and handwritten forms, parent guide, translated documents, and other resources are posted on the Charlotte-Mecklenburg Schools’ Intranet at: 504 Intranet Most forms are available in Spanish. Additional languages are in process. Please contact the CMS Section 504 office at 980-343-3653 if other translations are needed. The information in this handbook includes the changes resulting from the Americans with Disabilities Act Amendments Act of 2008, and reflects the Charlotte-Mecklenburg Schools’ ongoing commitment to educating ALL children in accordance with the CMS Board of Education’s vision and mission.

In compliance with federal law, Charlotte-Mecklenburg Schools administers all education programs, employment activities and admissions without discrimination against any person on the basis of gender, race, color, religion, national origin, age or disability.

This handbook was prepared by Charlotte-Mecklenburg Schools Student Services / Section 504 Department

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Contents The Law ................................................................................................................................................................................... 5

Eligibility .................................................................................................................................................................................. 6

Related Services: Occupational Therapy, Physical Therapy, & Audiology ............................................................................ 8

Inclusion .................................................................................................................................................................................. 8

District-wide Information ........................................................................................................................................................ 9

Notice of Nondiscrimination ............................................................................................................................................... 9

Child-Find Activities............................................................................................................................................................. 9

Nonacademic Services ........................................................................................................................................................ 9

Forms Section 504 Process Steps Overview .................................................................................................................. 11

Process Steps for Section 504 ............................................................................................................................................... 12

Type of File List and Abbreviations to Use ........................................................................................................................ 17

Testing ................................................................................................................................................................................... 26

Discipline and Section 504 Students ..................................................................................................................................... 29

Manifestation Determination Review............................................................................................................................... 29

CMS Discipline and Reassignment Final Regulations ........................................................................................................ 32

Section 504 Grievance Procedures ....................................................................................................................................... 37

Appendices ............................................................................................................................................................................ 40

Board of Education Policy ................................................................................................................................................. 41

Components of a 504 Evaluation by CMS School Psychologists ....................................................................................... 42

Contact Information .......................................................................................................................................................... 43

Clerical Support ................................................................................................................................................................. 43

Department Intranet Site .................................................................................................................................................. 43

Additional Internet Sites ................................................................................................................................................... 43

Section 504 Professional Development Schedule for 2013-2014 ..................................................................................... 44

Role Responsibilities ......................................................................................................................................................... 45

Responsibilities of District Section 504 Compliance Specialist ......................................................................................... 45

Responsibilities of the School-Level Section 504 Coordinator ......................................................................................... 45

504 Meeting Checklists ......................................................................................................................................................... 46

Before the Meeting ........................................................................................................................................................... 46

During the Meeting ........................................................................................................................................................... 46

After the Meeting ............................................................................................................................................................. 46

PowerSchool /NC Wise Information ..................................................................................................................................... 47

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The Law

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The Law

General Information Section 504 of the Rehabilitation Act of 1973 with its amendments is a civil rights statute that prohibits discrimination against individuals with disabilities. This law is enforced by the Office for Civil Rights (OCR) and the EEOC (Equal Employment Opportunities Commission). Both agencies enforce Title II of the Americans with Disabilities Act of 1990 (ADA) reauthorized as the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. The reauthorization extends the prohibition against discrimination to the full range of state or local government services (including public schools), programs, or activities regardless of whether they receive federal funding or not. Under Section 504, denying a disabled student a Free Appropriate Public Education (FAPE) constitutes disability discrimination. Section 504 covers students with diagnosed, certified, or classified disabilities who attend public and some private schools. A student is “disabled” under the Section 504 regulations if the student meets any one of the three prongs of eligibility listed in 34 CFR 104.3(j)(1). To be protected under Section 504, a student must be determined to:

1) Have a physical or mental impairment that substantially limits a major life activity or 2) Have a record of such impairment, or 3) Be regarded as having such impairment

The ADAAA (2008) did not change the actual language of the three prongs, but it did change how the various phrases used in the three prongs are understood. Congress provided, as part of its rules of construction in the ADAAA, that “The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.” This statement should guide the school’s Section 504 team’s evaluation of the potentially eligible student. The school’s Section 504 team is defined as a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options (34 CFR §104.35(c)).

Section 504 requires that school districts provide a free and appropriate public education (FAPE) to students in their jurisdiction who have a physical or mental impairment that substantially limits at least one major life activity or major bodily function. All students are entitled to FAPE in North Carolina.

Relationship between Section 504 and the ADAAA

The Americans with Disabilities Act (ADA), enacted in 1990 and amended in 2008 as the ADAAA and the Rehabilitation Act of 1973 (Section 504) are civil rights laws that protect individuals with disabilities from discrimination. The primary difference is that while Section 504 applies only to organizations that receive federal funding, the ADAAA applies to a much broader population. As of January 1, 2009, however, whatever applies to the ADAAA applies to Section 504 as well. Virtually every violation of Section 504 is also a violation of the ADAAA in the educational arena. In the event that a complainant alleges that the District has violated one statute, OCR and the EEOC will likely investigate for violations of the other statute.

Section 504/ADAAA compared to the Individual with Disabilities Education Act (IDEA)

Eligibility for protections and services under Section 504 is not the same as eligibility for IDEA. Section 504 has a much broader definition of disability than IDEA. Special education is the provision of IDEA while Section 504 is the provision that protects the civil rights and “levels the playing field” for students with mild to moderate disabilities in a general education setting who do not need special education. Students covered under IDEA with an Individualized Education Plan (IEP) do not need a separate Section 504 plan as provisions covered under Section 504 would be contained under IDEA.

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Eligibility The critical, overarching question to consider for eligibility under Section 504:

“Does a student have a have a physical or mental impairment that substantially limits a major life activity or major bodily function?”

Physical or Mental Impairments Section 504 defines physical or mental impairment as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;

or

(B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

The regulation does not set forth an exhaustive list of specific diseases or categories that may constitute physical or mental impairments. The definition of physical or mental impairment under Section 504 is broad, including students with life-threatening health conditions that will put a student in danger of death during the school day, if medication or treatments are not in place.

Substantial Limitation A physical or mental impairment substantially limits a major life activity if the student’s ability to perform a major life activity or major body function is decreased as compared to the student’s non-disabled age/grade peers. There is no single formula or scale that measures substantial limitation. Impairment need not prevent, or significantly or severely restrict a student in performing a major life activity to be considered substantially limiting. Title II provides three (3) factors to consider when determining whether or not the disability substantially limits a major life activity or major bodily function:

1. Nature and severity of the impairment; 2. Duration or expected duration of the impairment; AND 3. Permanent, long-term impact or expected impact of the impairment.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity or major body function must be made by the Section 504 team. The ADAAA (2008) expanded the definition of substantial limitation to ensure it reaches a broad spectrum of individuals without the consideration of mitigating measures such as medications and surgical interventions. Eyeglasses and corrective lenses are an exception to this rule (i.e. 504 teams may take into account a student’s eyeglasses when making eligibility determination).

Mitigating Measures As mentioned above, mitigating measures may be used by a disabled student to manage his or her impairment or lessen the impact of his or her impairment. Mitigating measures include medication, medical devices, related aids and/or services. These mitigating measures must be disregarded when determining whether a student’s impairment constitutes a disability under Section 504. However, the mitigating measures/supports may be considered when writing a student’s accommodation/support plan.

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Otherwise Qualified If a person with a disability wants to participate in an activity in which the individual is not otherwise qualified to participate, disallowing participation does not constitute discrimination.

For example, a 16-year-old boy with attention deficit hyperactivity disorder (ADHD) tries out for the basketball team but cannot dribble, shoot, or pass. As a result, the coach does not allow the boy to play on the team. This is not discrimination under Section 504 because the boy is not otherwise qualified to be on the team.

Transitory Impairments

A transitory impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time (usually 6 months or less). The issue of whether a transitory impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the expected duration of the impairment and the extent to which it actually limits a major life activity. Contact the District Section 504 Office for further information.

Transfer Students A student with an active Section 504 plan who enrolls in CMS from outside the district must be reevaluated within a reasonable time upon entry (recommended time frame is within 45 school days). A Section 504 team may accept the student’s current plan on a temporary basis while waiting to reevaluate the student. Upon evaluation, if the Section 504 team determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or perform any other major life activity, the student is no longer eligible for services under Section 504. A student who reenrolls in CMS must also be reevaluated to determine if the student continues to meet eligibility requirements. Once again, the Section 504 team may accept the student’s former plan on a temporary basis while waiting to reevaluate the student. The only exception would be if the student was exited from a Section 504 plan prior to withdrawal from CMS. In this case, the Section 504 team would begin the process for referring a student for eligibility determination.

Impairments that are Episodic or in Remission The ADAAA declares that “An impairment that is episodic or in remission is a disability only if it would substantially limit a major life activity when active.” Although the language covers two different types of impairments with similar treatment, these impairments are better analyzed separately as there are significant differences between the two. Students who have impairment that may be considered episodic or in remission may be determined eligible under Section 504 as a student with a disability, but may not need an active Section 504 plan at this time. School teams should monitor these students to activate a plan if the student’s condition becomes active and substantially limits the student’s functioning.

Episodic Impairments Some students have physical or mental impairments that vary in severity. Conditions such as seasonal allergies or asthma, migraines, rheumatoid arthritis, and cystic fibrosis are good examples of impairments that may be substantially limiting at times (in hot weather, when the student is stressed, when irritants or trigger factors are present) and have little impact at other times. Schools commonly qualify students under Section 504 if their condition, though not constant, episodically rises to the level of substantial limitation of a major life activity. Students should not be denied eligibility simply because the disability, at the moment of evaluation, is not substantially limiting, especially when the school knows from past experience that substantial limitation will likely occur. School Section 504 teams should look carefully at the range of data over a period of time and not just the student’s current level of performance. The timing of the evaluation should not function to preclude eligibility for students whose impairments are episodic and who are not substantially limited at the time of evaluation.

Impairments in Remission

The ADAAA language on impairments in remission is the same as episodic impairments: “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” An example is a

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student who had cancer that is now in remission. The student would be eligible if the cancer substantially limited when it was active in the past.

Students who are receiving services under Exceptional Children Education (EC)

A student with a disability who is eligible for the protections and provisions of FAPE under the IDEA is not eligible to receive Section 504 services. Once a student is eligible under the IDEA, the IEP team is responsible for the whole child (although still entitled to the Section 504 protections against discrimination and equal access). The District has no flexibility or discretion to provide services and accommodations under Section 504 when a student is IDEA-eligible.

Related Services: Occupational Therapy, Physical Therapy, & Audiology

Section 504 requires that related services be provided for students with disabilities if these services are essential to meet the student's educational needs. A related service can be provided under Section 504 to children who do not receive any other special education services or interventions. The CMS related services consist of physical therapy, occupational therapy, and audiology services. Related services staff must be contacted to assist in evaluating a student before services are provided. To request an evaluation, the student support or Section 504 team must email a completed Related Services Evaluation Referral and Consent (8202-03RS) form to cmssection504@cms.k12.nc.us. The school-level Section 504 coordinator will be contacted by the related services staff to schedule the evaluation. Students who receive a related service must receive progress monitoring to determine the effectiveness of the accommodations provided. Monitoring must be completed each quarter and reported to the student’s parent or guardian. The Teacher Input or Progress Monitoring form must be used to document the student’s progress. If a student refuses to use an accommodation or assigned equipment as stipulated in the student’s Section 504 Plan, the Notification of Refusal to Use Section 504 Accommodations form must be completed by following all procedures followed as outlined on the document. Equipment assigned to a student must be maintained and kept in working order. Equipment that is not in working order may compromise the implementation of a student’s Section 504 Plan. When a problem is noted with any equipment, notify the District Section 504 Office or the related service provider immediately.

Inclusion

Section 504, like the IDEA, requires that students with disabilities be educated with their non-disabled peers to the maximum extent appropriate while meeting the needs of students with disabilities. Schools should always place students with disabilities with their non-disabled peers, unless the school can demonstrate that the student's education program cannot be achieved satisfactorily, with or without supplementary aids and services in the general education setting. This mandate also applies to extracurricular activities such as field trips. Failure to adhere to the above guidelines violates the schools requirement to provide students with a Free Appropriate Public Education (FAPE).

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District-wide Information

Notice of Nondiscrimination The Charlotte-Mecklenburg Schools shall take steps to notify participants, employees, and applicants of district responsibilities under Section 504. The following notice shall appear in student/parent handbooks, teacher’s handbooks, non-certified personnel handbooks and published personnel recruiting materials: “In compliance with Federal Law, Charlotte-Mecklenburg Schools administers all education programs, employment activities and admissions without discrimination against any person on the basis of gender, race, color, religion national origin, age or disability.”

Child-Find Activities The Charlotte-Mecklenburg Schools shall endeavor to locate and identify every qualified disabled person within the district who is not receiving a public education. The Section 504 staff will collaborate with the CMS Federal and State Compliance Department to engage in child-find activities and communication annually. Activities may include but not limited to presenting information at parent meetings at school sites and within the community, school staff meetings, posting information in the school office, and reviewing student information upon registration.

Nonacademic Services Qualified disabled students shall be provided an equal opportunity to engage in counseling services, physical recreation, athletics, transportation, special interest clubs, etc.

For example, qualified disabled students shall:

• not automatically be counseled towards certain career objectives more than non-disabled students with similar abilities. • have an equal opportunity to participate in physical education courses and athletics. Although qualified disabled students may participate in separate activities for the disabled, no qualified disabled student shall be denied the opportunity to compete (i.e. tryout) for membership on a team or to participate in courses that are not separate or different.

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Process Steps

Implementation, Procedures, Referral, Evaluation, & Placement

Forms Section 504 Process Steps Overview

A concern about a student is presented by a parent or teacher. The Referral of Concern is completed with assistance of the school §504 coordinator. The concern may address behavioral, medical, physical, or emotional well-being that is limiting the child’s ability to function at school. Be sure any medical reports are included especially if the referral is for OT, PT or Audiology. All referrals for Related Services must have a parent signature before processing.

Step 1

Referral of Concern

Step 2

Routing the Referral

Step 3

Prepare for the

Section 504 Evaluation

Step 4 Section 504

Eligiblity Determination

Step 5 Section 504

Accommodation Plan Development

Step 6

Implementation & Follow-up of the Section 504 Plan

Step 7

Annual Review and Special Meetings

A student support team receives the referral and makes a decision if the referral will go directly §504 team or to the RTI/Intervention Team (IT). If referred to §504, parent/guardian must sign Parent/Guardian Consent for Initial Section 504 Evaluation and are given a copy of the Parent/Guardian -Student Rights & Procedural Safeguards before any evaluation may be initiated. Related Service referrals must be reviewed by the Related Service provider for the area of concern.

At this step, information is collected using a variety of documented sources, which becomes the basis on which the student’s eligibility is determined and plan, is needed. When all information is collected, the Eligibility Determination meeting is scheduled.

The §504team determines if the student meets eligibility: has a mental /physical impairment that substantially impairs a major life activity or major bodily function.

Once a student is identified as being eligible under §504, a decision is made regarding the type and the extent of services the student needs. The plan is written to address the areas where the student has a substantial limitation with reasonable accommodations. A behavior intervention plan may needed for students with behavior difficulties.

School staff are notified of a student’s accommodations under §504. All necessary trainings are held and accommodations are implemented with the required progress monitoring. §504 paperwork is sent to the district §504 Office for review. Paperwork not meeting compliance will be returned for corrections.

Progress monitoring, annual reviews and 3-year re-evaluations are conducted to determine if the student continues to need the accommodations listed on the plan. If student needs change, the plan must be revised to reflect the current needs of the student. School staff or the student’s parent/guardian may request a meeting at any time.

A Completed Referral of Concern (8202 or 8202-03RS)

Parent/Guardian Notification of a Section 504 Team Meeting (8205)

Parent/Guardian Consent for Initial Section 504 Evaluation (8203)

Parent/Guardian –Student Rights and Procedural Safeguards (8201 if not already sent)

Team Meeting Notes

Medical Release (if not already obtained)

Referral of Concern (8202)

Referral of Concern - Parent Receipt

Related Service Evaluation Referral and Consent (8202-03RS) (Only OT, PT, Audiology)

Parent/Guardian –Student Rights and Procedural Safeguards (8201)

Teacher Input or Progress Monitoring (8216)

Medical Release (if not already obtained)

Documentation of Eligibility for Section 504 (8204-06)

Parent/Guardian Notification of a Section 504 Team Meeting (8205)

Team Meeting Notes

Accommodation Plan Section 504 (8207)

Parent/Guardian Notification of a Section 504 Team Meeting (8205)

Teacher Input or Progress Monitoring (8216 )

Team Meeting Notes

Section 504 Testing Accommodations (State Form)

If §504 BIP, complete FBA/BIP (8211 & 8212)

Teacher Input or Progress Monitoring (8216)

Notification of Refusal to Use §504 Accommodations

Documentation of staff trainings and notifications of a student’s plan

If §504 BIP, FBA/BIP (8211 & 8212)

Section 504 Plan Receipt and Agreement

Parent/Guardian Notification of a Section 504 Team Meeting (8205)

Accommodation Plan Section 504 (8207)

Teacher Input or Progress Monitoring (8216)

Section 504 Testing Accommodations (State Form)

Team Meeting Notes

Process Steps for Section 504

Step 1 — Referral of Concern 1. The Referral of Concern (8202) is completed with assistance from the parent or school staff member who

initiated the concern. This action begins the process to determine if a student has a disabling condition that may be defined under Section 504. This form must be completed for all initial referrals.

NOTE: Annual Review meetings begin at Step 5 unless an additional concern is presented to the Section 504 Team. In this case, eligibility for the new condition must be established.

2. The completed form is routed to the Student Support / Section 504 school team for review.

NOTE: If the Referral of Concern contains a completed psychoeducational assessment or evaluation from an outside agency, this referral immediately goes to the school’s EC Compliance Facilitator for processing.

3. Send Referral of Concern-Parent/Guardian Receipt if the parent/guardian initiated the concern. Include a copy of Parent/Guardian –Student Rights and Procedural Safeguards (8201).

NOTE: The Parent/Guardian –Student Rights and Procedural Safeguards (8201) may be printed on the back of the Referral of Concern-Parent/Guardian Receipt or the Parent/Guardian Notification of a Section 504 Team Meeting (8205). Be sure to document this practice.

4. Notify District Section 504 Office by emailing the Referral of Concern to cmssection504@cms.k12.nc.us. Subject line on email should read: (Your School) ROC (Referral of Concern). Refer to the Emailing Section 504 Paperwork section of the handbook for further instructions.

5. If the concern includes occupational therapy, physical therapy and/or audiology services, complete the special Related Service Evaluation Referral and Consent (8202-03RS). This form must be completed with the assistance of the parent/guardian. Do not give form to parent/guardian to complete independently.

6. Be sure to obtain all signatures and support documents. Notify the District Section 504 Office by emailing the Related Services Evaluation Referral and Consent (8202-03RS) to cmssection504@cms.k12.nc.us. Subject line should read Related Services Evaluation Referral of Consent or RS-ROC.

NOTE: A Referral of Concern in not required when a student is being recommended for Hospital/Homebound instruction.

Step 2 — Routing the Referral 1. Student Support/Section 504 team meets to review the Referral of Concern.

a. If parent/guardian is invited, send invitation Parent/Guardian Notification of a Section 504 Team Meeting (8205) marking the box Consider a Section 504 Evaluation. Document this information.

2. Student Support Section/504 team reviews the referral and accepts, rejects, or makes other recommendations concerning the referral.

a. A reasonable basis upon which to suspect that the child may have a qualifying disability is all that is needed to warrant an evaluation meeting.

b. There may be instances where the Section 504 team rejects a referral for a 504 evaluation. If the team determines that the referral does meet criteria for consideration of a Section 504 evaluation, the team will provide a written rationale supporting the decision, along with recommendations to further support the student’s progress.

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c. If a child’s particular disability warrants more specialized instruction than offered through Section 504, the Section 504 team should refer the student to the RTI/Intervention Team. Following the RTI/Intervention Team process, a student may be referred back to the Section 504 Team for a Section 504 evaluation.

3. Provide the parent with a copy of the team’s decision on the Referral of Concern. Offer the parent a copy of Parent/Guardian –Student Rights and Procedural Safeguards (8201).

4. If an evaluation is to be conducted, written parental/guardian consent must first be secured using the Parent/Guardian Consent for Initial Evaluation (8203) form. A Section 504 evaluation cannot proceed without parent consent.

5. Have the parent/guardian sign a Medical Documentation and Medical Release of Information form.

6. If the evaluation includes occupational therapy, physical therapy and/or audiology services, the Related Service therapist connected with the service need must be present unless consulted with prior to this meeting.

7. Inform the District Section 504 Office of the decision of referral, preferably by email at cmssection504@cms.k12.nc.us.

Step 3 — Prepare for the Section 504 Evaluation 1. After obtaining parental/guardian consent, the Section 504 team gathers information from a variety of sources,

which may include cumulative records (grades, attendance, test scores), teacher’s notes (behavior charts/contracts, anecdotal notes), or other sources (medical reports, parental/guardian observations). Use the Teacher Input or Progress Monitoring Form (8216).

2. Information must be selected to assess the area of educational concern impacted by the suspected disability. Information collected will be the basis on which the student’s eligibility is determined and accommodation plan developed, if needed.

NOTE: CMS school psychologists are trained to perform evaluations for Section 504 students in several areas. Consult with your school psychologist to determine how to initiate this process and what areas they can perform evaluations.

3. Be sure any related service evaluations are completed prior to scheduling an eligibility meeting. Contact the specific Related Service provider for their schedule.

Step 4 — Eligibility Determination and Evaluation Results Meeting 1. Schedule and invite Section 504 team members. Send Parent/Guardian Notification of a Section 504 Team

Meeting (8205). Remember to include the parent/guardian, school nurse, related service providers and/or school psychologist (when appropriate) and other professionals that are knowledgeable about the student, the student’s disability, and placement options, as needed.

2. The Section 504 team meets and considers evaluation data to determine if the individual has a mental or physical impairment that substantially impairs a MLA/MBF using the process outlined on the Documentation of Eligibility for Section 504 (8204-06) form.

3. Section 504 eligibility determination meetings should:

a. be based on information from a variety of sources, e.g. teacher(s), other school staff members, a parent/legal guardian, physician, school nurse, other professionals or persons in the community; and

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b. be conducted by a group of people, including those who are knowledgeable about the child, the suspected disabling condition, evaluative procedures, the meaning of evaluative data, and accommodation/placement options.

4. Document and consider all available pertinent information, e.g. records, assessment data or medical reports

related to the suspected physical or mental impairment, which may be substantially limiting a major life activity.

NOTE: Team decisions do not need to be unanimous. It is the consensus of the team that determines eligibility and accommodations. If the decision is not unanimous or no consensus is apparent, the decision falls in favor of the school team. The school team should notify the District Section 504 Compliance Specialist as soon as possible if a Section 504 team appears to be in a deadlock situation.

5. Take notes during this meeting. Be sure all forms are signed by team members at this meeting. Neither

attorneys nor District Section 504 staff are members of the school-based 504 team and therefore, are not required to sign forms.

6. If the eligibility determination and Section 504 plan development meetings are being held successively, only one Parent/Guardian Notification of a Section 504 Team Meeting (8205) is needed; however, the both meetings must be checked on this form.

Step 5 — Section 504 Accommodation Plan Development 1. After a student is determined eligible under Section 504 the Section 504 school team creates a plan using the

Accommodation Plan Section 504 (8207) form.

2. Use evaluation data reviewed during the eligibility meeting to develop and write reasonable accommodations.

3. Reasonable accommodations must address the areas related to the major life activity (MLA) and/or major bodily function (MBF) in which the student is substantially limited. Reasonable accommodations are to provide the student with an equal opportunity to benefit from instruction, programs, and services provided by the District.

4. As Section 504 team members, parents/guardians should be consulted and given an opportunity to share input.

5. If a medical plan is being considered, the school nurse must be invited to the meeting.

6. If a related service is being considered, the related service provider (OT, PT, or audiologist) must be invited and

attend this meeting.

7. If the program assignment is for a Section 504 BIP, the Behavior Intervention Plan (BIP) needs to be developed based on the Functional Behavior Assessment (FBA) results conducted prior to this meeting. A draft document may be prepared in advance, but made clear that the document is merely a draft and not a predetermination of the student’s Section 504 plan. There are revisions to this procedure using BehaviorPlus for Kindergarten through Grade 8 for the 2013-2014 school year. Contact the District Section 504 Compliance Specialist for instructions.

8. Test accommodations, if needed, must be listed on Section 504 Testing Accommodations Chart (2013) and the EC/504 Plan Common Exams, PSAT, and ACT Assessments Accommodations Chart (District Form) and attached to the Accommodation Plan Section 504 (8207). Whenever possible, include the school test coordinator in this part of the meeting. Please refer to the Testing Students with Disabilities (2013) if further information needed. Upon completion of the Section 504 Plan, the school test coordinator receives a copy of the Section 504 plan including the test accommodation attachments.

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9. Document as much information as possible in the meeting notes.

10. Review plan with parent/guardian being sure to have checkboxes marked under Parent Signatures and Placement Agreement.

11. Be sure to obtain signatures from team members. If a team member is unable to attend, include a statement to reflect the absence or consider rescheduling the meeting.

Step 6 — Implementation 1. Provide the student’s teachers and staff members an overview of accommodations and supports. Have each

teacher sign the Section 504 Plan Receipt and Agreement. Keep a copy in the student’s file and a master copy of all students.

2. Request training on specialized accommodations and services, (e.g., administration of Epi-pen), and crisis/medical plan implementation.

3. Remind teachers and school staff to implement the accommodations according to the student’s Section 504 plan. As educators implementation is not a choice, but required by law.

4. Remind teachers to complete the Notification of Refusal to Use §504 Accommodations (2013) if the student refuses to use any of the accommodations on the Section 504 plan. Follow the guidelines on the form. If the student refuses medical accommodations, contact school administration and parents immediately.

5. Progress monitor accommodations by completing the Teacher Input or Progress Monitoring Form (2013) each quarter during the school year.

6. Communicate with the testing coordinator about test accommodations. Provide updated plans and testing accommodation charts.

7. Enter student data and test accommodations on required spreadsheet.

Step 7 — Review/Re-evaluation 1. Review each student's Section 504 plan annually, or sooner, if needed.

a. Annual review date is one year minus one day from current plan. (Current plan 9/12/12 = AR 9/11/13)

b. The annual review process for a current student with the same disabling condition begins at Step 5.

c. When adding a new diagnosis to a current plan, eligibility needs to be established for the new condition. Begin at Step 4 before writing the plan.

2. Conduct a full re-evaluation at least every three years. A full re-evaluation may occur more often when reasonably requested by the student’s parent/guardian or school personnel.

a. A three-year re-evaluation is conducted like an initial Section 504 evaluation.

1. Determine if the student continues to qualify under Section 504;

2. Determine if the student continues to need accommodations; and

3. Determine to what extent supports are needed.

b. An updated medical diagnosis is requested so medications and accommodations can be revised, as needed.

c. Three year reevaluations are determined by the date of the student’s INITIAL plan.

* (Initial date: 10/2/20011 = 3 year 10/2/2014).

Do not use annual review dates to determine 3 year re-evaluation dates.

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NOTE: A re-evaluation is ALSO conducted prior to a significant change of placement such as long-term suspension/expulsion, exit from Section 504, or graduation from school. Up dated medical information is optional.

3. Be sure to document all meetings and send appropriate notification and follow-up paperwork to parents, teachers, the District Section 504 Office as needed.

Follow Up Procedures 1. Student Files and Paperwork

a) Send an electronic copy of all initial and annual review paperwork, including signature pages to cmssection504@cms.k12.nc.us within twenty-four (24) hours of the meeting. Incomplete paperwork will be returned for completion before processing by the district office.

b) Official student Section 504 forms and paperwork are maintained at the school site in the student’s cumulative file in a yellow folder. A sample of the manner in which the folder should be organized can be viewed on the Intranet in the 504 Documents section. Working files may be kept in the Section 504 school-level coordinator’s office. Working files are not the student’s official Section 504 records.

c) With no common database, student information and test accommodations must be entered on the Section 504 Student 2013-2014 Database for your school. This information must be updated monthly and sent to the District Section 504 Office via email using the following schedule.

Elementary Due the 12th of each month

Middle Schools Due the 15th of each month

High Schools Due the 17th of each month

K-8 Schools Due the 19th of each month

2. Correction Procedures a) Paperwork will be reviewed by the District Section 504 Office and returned for any corrections as needed. This

is part of CMS compliance obligations and audit process.

b) Corrections are to be made within two weeks upon receipt of the student file.

c) Parent/Guardian will need to be notified as corrections are made to their child’s plan. This action may result in reconvening the Section 504 meeting.

d) Corrections are made to the original Section 504 Plan. Cross out error, make correction, initial and date. Do not erase or white out errors. If more space is needed, add a reference note and put the information on a separate page.

e) When completed, the following statement is added to the plan, then signed and dated.

“Corrections were made to the original Section 504 plan for this student. The student’s Parent/Guardian was informed of the corrections noted on the original plan and agreed to the corrections. ”

f) The corrected plan is placed in the student’s Section 504 file. A copy is sent to the parent/guardian and a copy is returned to the District Section 504 Office by the email process.

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Emailing Section 504 Paperwork

All Section 504 paperwork will be emailed to the District Section 504 Office within 24 hours of receiving a Referral of Concern or the student’s meeting date. Without a common database, district records are the only means to know which students are in process or which students have a current Section 504 plan. To facilitate processing of student files, follow the format below. If you need assistance or have questions, contact the District Section 504 Office.

1. When sending paperwork electronically, include all forms and information obtained at the meeting. The checklist for the type of meeting held must be on top of the packet. Please be sure to include all signature pages.

2. Email to cmssection504@cms.k12.nc.us. This email address will be used for all communication with the District Section 504 office. It may be helpful to have this email address entered into the email account in your school’s copier.

3. Student files must be saved in this format:

a. Last name, First name, ID, Type of File, School Name Example: Dos, Clarence 8501236 IP Jones HS

4. The SUBJECT LINE of your email should read:

a. School, student’s last name, student’s first initial, and type of file Example: Jones HS Dos, C IP

Type of File List and Abbreviations to Use

File Type Abbreviation

Initial Plan IP Annual Review AR Manifestation Determination Review MDR Hospital/Homebound HB Referral of Concern ROC Related Services– Referral of Concern RS-ROC Other Other

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Hospital/Homebound Procedures

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Section 504 Hospital/Homebound Procedures

Hospital/Homebound procedures were revised for Charlotte-Mecklenburg Schools (CMS) during the 2012-2013 school year. Only students who currently receive Section 504 accommodations will be evaluated through this process for Hospital/Homebound placement. Students who do not have a Section 504 plan or are covered under Exceptional Children (EC) with an Individual Education Plan (IEP) must go through the process for regular education or EC students.

I. Homebound Eligibility

1. The student must be enrolled in CMS and reside in Mecklenburg County.

2. The documented medical condition must prevent the student from attending school for a period of 20 or more consecutive school days from the date of the written homebound recommendation.

3. A written recommendation for hospital/homebound services from the student's treating physician must be

submitted. Completion of the Treating Physician’s Recommendation for Hospital/Homebound Services by the child’s treating physician is necessary. This form is available on the CMS website for parents and the CMS Intranet for school staff.

The following information is required from the treating physician:

A diagnosis of the medical condition

A detailed statement explaining the medical condition and the impacts to the student including how it prevents the student from physically attending school

If applicable, a statement regarding any medical barriers the student may face with completing assignments at home

An opinion as to the estimated amount of time the student will be unable to physically attend school

4. CMS reserves the right to request an updated medical statement when deemed necessary. This statement may

be requested when the hospital/homebound services need to be extended beyond the initially approved length of time.

5. The determination as to whether hospital/homebound services are warranted is a decision that is made by the

Section 504 team. In making this determination, full consideration will be given to the written recommendation received from the treating physician. However, a recommendation for hospital/homebound services by a treating physician does not guarantee hospital/homebound placement.

6. In the event that CMS staff determines additional information is needed from the treating physician, the school

team may seek parent/guardian consent for the release of confidential information to permit them to contact the treating physician. Additional information desired from the treating physician may include recommendations that may be implemented to successfully maintain the student in a school environment or facilitate the student’s reentry to school.

Note: Each school must have a designated person to follow up on requests for medical documentation if the

physician's note/letter does not contain the required data. It is recommended that the Section 504

Coordinator serve in this position.

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II. Homebound Procedures for Section 504 Students

A. General Information

1. Students who currently are identified as a student with a disability under Section 504 and are being recommended for placement in the hospital/homebound setting, the Section 504 team will adhere to the above guidelines when the reasons for hospital/homebound consideration are based on a medical condition. Where the above guidelines may not be met, the Section 504 team will make decisions on an individual basis according to the needs of the child and the treating physician's recommendations.

2. A parent/gyardian may request that their child be considered for hospital/homebound by contacting the school principal or Section 504 Coordinator. The parent/guardian is directed to arrange for the completion of the Treating Physician’s Recommendation for Hospital/Homebound Services form and provide an overview of the hospital/homebound placement process.

3. Upon receipt of the treating physician’s recommendation form, the Section 504 Coordinator shall email a

copy of the doctor's statement to the Section 504 District Office (cmssection504@cms.k12.nc.us), Re: Homebound Service Request in the subject line. Upon receipt, the District Section 504 Compliance Specialist or designee will contact the sending school to review procedures. A copy of the School Procedure Checklist for Hospital/Homebound Placement will be sent by email to the Section 504 Coordinator. This checklist will need to be completed and must accompany all paperwork in order to facilitate processing.

4. Prior to the Section 504 evaluation meeting, the Section 504 Coordinator should inform the school principal of the need for the school to identify a school staff member who will provide the homebound services pending the outcome of the Section 504 meeting. Teacher information will be needed at the time of the meeting if the student is deemed eligible for hospital/homebound services. If a related service, such as OT, PT or Audiology, may be needed, the District Section 504 Compliance Specialist should be notified.

5. The Section 504 Coordinator will send the following forms to the parent/guardian: Parent/Guardian Consent

for Homebound Evaluation Meeting & Placement Section 504 (8203HB) and Parent/Guardian Notification of a Section 504 Team Meeting (8205). The Section 504 Coordinator may use email as an option to provide these forms to the child’s parent/guardian. If emailing, the Section 504 Coordinator should use the "Return Receipt" confirmation option as a method of documenting receipt of the notice by the parent/guardian. Additionally, the parent/guardian must be presented with a copy of the Parent/Guardian-Student Rights & Procedure Safeguards (8201). This document may be sent via email with the other forms or given to the parent/guardian at the Section 504 meeting. The Section 504 Coordinator must document that the parent/guardian has received the above documents.

6. The Section 504 team meets to review medical documentation regarding the need for the student to be

served in the homebound setting. Based on the information, the Section 504 team must determine whether the homebound setting is the student's least restrictive environment and whether the student is eligible for medical homebound services. The team completes the Documentation of Eligibility for Homebound Placement (8204HB) form to reflect their decision and a supportive statement.

B. Specific Information

1. Eligible for Hospital/Homebound Placement

a. The team reviews the current Section 504 plan to determine what needs to be modified to hospital/homebound placement.

b. The Section 504 team develops a NEW Section 504 plan, using the Accommodation Plan Section 504

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(8207). Using the form as a guide the following information is to be included in the new plan:

The amount of time and number of sessions needed to implement the goals and objectives for this student;

The arrangements for testing; complete district and state forms as needed;

The time frame needed in which to complete assignments

The communication procedures between home and school/Homebound teacher;

Related services provisions, if appropriate

Courses/subjects that will be taught c. The homebound teacher’s name and contact information, if known at the time, will be indicated on the

student’s Accommodation Plan Section 504 (8207). The homebound teacher that serves the student, along with related services personnel as needed, shall be responsible for implementing the Section 504 Plan, and assisting with any reevaluation procedures that come due while the student is on homebound. This information is also included on the School Procedure Checklist for Hospital/Homebound Placement.

d. The Section 504 team signs the revised plan in the appropriate section.

e. After the meeting is completed, provide the parent/guardian with a copy of all paperwork.

f. Send, via email ( cmssection504@cms.k12.nc.us ,) all documents to the District’s Section 504 Office within 24 hours of the meeting for processing. Use the School Procedure Checklist for Hospital/Homebound Placement as a guide and include this form when emailing. The original packet is returned to the student's folder.

g. After the meeting, the school principal should be notified of the Section 504 Team’s decision.

NOTE: The school principal must identify the homebound teacher that will provide the homebound services. In the rare instance the principal is not able to identify staff from his/her school; he/she should seek assistance from the District’s Homebound Services Coordinator to see if staff from the central homebound services teacher pool is available.

h. A full meeting of the Section 504 Team may be called at any time to review the student’s progress while

homebound and to reassess the student’s placement. However, the hospital/homebound placement shall be reviewed, at a minimum, at the end of every grading period or before an extension for service can be granted, by the Section 504 Team to determine its continued appropriateness. A Homebound Services Review Form will be used to document the review of the student’s placement and academic progress. The decision as to when the student is ready to reenter school shall be made by the student's Section 504 team through a regularly scheduled Section 504 meeting.

i. If the Section 504 team is considering changing the student’s placement to a less restrictive setting in

advance of the recommendations of the treating physician, the team may require an additional written statement documenting that the student has medical clearance to return to school. If medical clearance is required, the school’s Section 504 Coordinator must include the medical clearance statement with the student’s records.

j. If the Section 504 team is considering maintaining the student on medical homebound beyond the initial

recommendation period specified by the treating physician, a subsequent written recommendation from the treating physician that provides updated information regarding the physician’s recommendations and timeframe for homebound services is required. Any additional documentation from the student’s treating physician must be included in the student’s Section 504 file.

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2. Not Eligible for Hospital/Homebound Placement

a. The Section 504 team documents its decision on the Documentation of Section 504 Eligibility (8204) form and provides the parent/guardian with a copy of Parent/Guardian-Student Rights & Procedural Safeguards (8201).

b. Regular school attendance rules apply.

c. The school’s Section 504 team must remember that the student’s plan may be revised by the team to accommodate the student in the school setting. Follow standard review procedures for a Section 504 Plan.

d. The Section 504 Coordinator shall email (cmssection504@cms.k12.nc.us) all documents to the District’s Section 504 Office within 24 hours of the meeting.

3. Exiting Hospital/Homebound Placement and Services a. A student is exited from hospital/homebound placement when the student’s medical condition has

improved and the student is able to return to school.

b. The student’s parent/guardian informs the school contact that a return to school is forthcoming. A medical release from the student’s treating physician is obtained indicating the student is able to attend class, listing accommodations for the team to consider, and any if a health care plan is needed.

c. Upon receipt of this information, the Section 504 team meets to determine the status of the student’s

hospital/homebound placement; exiting the student if warranted. The Section 504 team completes the final review for the hospital/homebound plan, closes that plan, and develops a new Section 504 plan for school attendance.

d. If a health care plan is needed, the school nurse must attend this meeting. e. Provide a copy of all paperwork to the parent/guardian. Send a copy to the Section 504 Office.

III. Structure of Homebound Services

1. The school is notified by the CMS Extended Day Office when homebound services begin and end. This notification indicates that the teacher has been assigned to provide instruction and gives the start date for the service.

2. Books and assignments are provided by the school.

3. Assignments are returned to the school for grading and credit.

4. The student’s parent/guardian or a designated adult must be present when the homebound teacher in the home during instructional sessions, regardless of the student’s age.

5. The student is encouraged to have all materials ready and available when the teacher arrives.

IV. Pregnant Students Who are Identified as Students with Disabilities

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1. Under state law and CMS Board Policy JIE, pregnant students may receive homebound services to the extent necessary, as determined by the student’s Section 504 team. If a student has an at risk pregnancy, she is eligible for homebound services for four or more weeks prior to the estimated delivery date and two additional weeks after a normal vaginal delivery. If the student’s delivery is complicated, she receives the amount of homebound services that the physician prescribes. If the student has an uneventful pregnancy and then delivers by C-Section, the student receives four or more weeks of homebound services after delivery as verified by the physician.

V. Roles and Responsibilities

1. The School Section 504 Coordinator and Section 504 Team

convene a Section 504 Team meeting

review the physician’s statement and contacts the student's physician if additional information is needed

determine if the student is eligible for Homebound Services with assistance from the District Section 504 Compliance Specialist, if needed

submit homebound eligibility paperwork (i.e., physician’s statement, eligibility form, name and contact information of teacher and/or service provider(s), and copy of Section 504 Plan) to the District Section 504 Compliance Specialist

2. The District Section 504 Compliance Specialist

provides guidance and assistance to the school-based staff in the implementation of hospital/homebound procedures

verifies the Section 504 team’s adherence to procedures for eligibility and Section 504 plan development

forward’s school packet to Candice Colvin/Extended Day Office for processing; the Section 504 School Coordinator and District Section 504 Compliance Specialist will be contacted when the teacher has been cleared to begin services

ensures that Section 504 accommodations, related aids and services are provided according to the student’s plan

3. Homebound Services Coordinator

sends instructional log(s) to the teacher and service provider(s)

reviews instructional logs submitted by the homebound services teacher

processes timesheets for extended employment from the homebound services teachers

processes the mileage reports from the homebound services teachers

locates teacher(s) and/or service provider(s) from the central homebound services pool if a staff member from the child's school is not available

4. Homebound Teacher / Related Service Provider(s)

contacts the student’s parent/guardian to establish a schedule to meet with the student

request assignments and materials from the student's teacher(s)

provides the student with instruction

returns completed assignments to student’s teacher(s) for grading

submits instructional logs to the district’s homebound services coordinator

submits timesheets for extended employment electronically to district’s homebound services coordinator

submits mileage reports, electronically, to homebound services coordinator

attends section 504 team meetings as requested

5. Parent/Guardian

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informs the section 504 coordinator at your child’s school about the student’s medical condition

monitors instructional sessions

signs the homebound teacher’s log at the time of service

contacts your child’s homebound teacher if an instructional session needs to be rescheduled.

attends section 504 meetings as the student’s health allows

obtains and returns treating physician recommendation forms

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Accommodations and Testing Guidelines

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Accommodations Overview The purpose of an accommodation under Section 504 is to “level the playing field” for students with disabilities. Accommodations should be reasonable and allow students with disabilities to have access to their learning environment, manage a medical condition, participate in class activities, and demonstrate their level of mastery of concepts without being impeded by their disability. Accommodations that include an instructional component should be written so the integrity of the course content is maintained while not providing students an unfair advantage. Accommodations needed to manage a medical condition should allow the student opportunity to take care of his/her condition. Accommodations should be reasonable and not provide an undue advantage for the student. Once the Section 504 team identifies a student as eligible under Section 504, appropriate accommodations are written into a student's Section 504 plan. These accommodations must be implemented by all staff that interacts with the student until a revision of the plan is made. Modifications of a student’s Section 504 accommodations require a Section 504 team meeting and a collective team decision. If a student refuses to use a documented accommodation, the teacher must complete the Notification of Refusal to Use §504 Accommodations form and implement the follow-up procedures explained on the form. If a student consistently refuses to use an accommodation (including equipment provided by CMS), notify the school-level Section 504 coordinator to schedule a meeting to determine if there is a need for this accommodation. If a student refuses to use a health-related or medical accommodation (such as a prescribed medication), notify the school nurse and parent/guardian immediately and complete the Notification of Refusal to Use §504 Accommodations form. Each student is an individual, so each student’s Section 504 accommodation plan must be constructed individually. While there are accommodations that are commonly used to address and manage certain specific conditions, each student’s needs must be considered when choosing the appropriate accommodations. Selecting and monitoring the effectiveness of accommodations should be an ongoing process. Changes to a student’s Section 504 accommodations should only be made with the collective involvement of students, parents and educators as a 504 team, and should be made as often as needed. The key is to be sure that the chosen accommodations address student’s specific areas of need and are related to the student’s disability. Accommodations listed on a student’s Section 504 Plan must be monitored for effectiveness in assisting the student in the area of disability. Progress monitoring should be completed quarterly using the form for Teacher Input or Progress Monitoring. Any accommodations that are not effective should be revised or eliminated from the student’s Section 504 Plan through a Section 504 Team Meeting.

Testing

Testing accommodations for a Section 504 student should be based on the student’s accommodations used during the identification and progress monitoring process. If a student needs a testing accommodation, the accommodation must be used every time a student is tested. In order for a testing accommodation to be used for district and state-mandated tests, it must be considered routinely used in the classroom. To be considered as routinely used, the accommodation must be in place for at least 30 calendar days before the test window opens in order for the student to use the accommodation listed on the Section 504 plan. Testing accommodations should in no way alter the content of the assessment or interfere with the integrity of the test construct. Testing accommodations CANNOT be implemented solely for district or state-wide assessments. Section 504 Coordinators should consult frequently with the school’s test coordinator for updates on new tests and accepted accommodations.

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School assignments and tests completed with accommodations should be graded the same way as those completed without accommodations. Accommodations are meant to “level the playing field,” provide equal and ready access to the task at hand, and are not meant to provide an undue advantage for the student. When developing testing accommodations, the Section 504 team must consult with the test coordinator at the school and refer to the Testing Students with Disabilities (TSWD 2013) guide distributed through the North Carolina Department of Public Instruction. This guide contains the necessary information to develop and record allowable accommodations which meet the criteria for state-mandated testing. For more specific information, please refer to the Testing Accommodations – Descriptions and Procedures section of the Testing Students with Disabilities guide. Section 504 Team use the following forms when determining and recording test accommodations needed by the student: Section 504 Testing Accommodations Chart; and Individualized Education Program (IEP) or Section 504 Plan Common Exams, PSAT, and ACT Assessments ACCOMMODATIONS CHART. After completion, these forms become part of the student’s Section 504 Plan and must be attached. Copies of these forms are sent to the school’s test coordinator and District Section 504 Office. The Accommodation Used During Testing Chart is completed and used during the actual administration of a state or district test.

Extended Test Time

Typically, extended test time is considered a reasonable accommodation when a student's disability prevents demonstration of mastery of the tested material within the allotted time. Extended test time is a routine accommodation for students with disabilities when assessment of the student's mastery of content is the main purpose of the testing. However, when a particular test is designed to measure a student's ability to think and answer questions within time constraints, extended time is probably not a reasonable accommodation. In this instance, OCR supported the district's refusal to allow a disabled student extended test time to complete a test on computer keyboard proficiency, when mastery involved testing for speed and accuracy. [Ann Arbor (MI) Pub. Sch. Dist., 30 IDELR 405 (OCR 1998)]. School districts should allow extended test time only when the student demonstrates a disability-related need for the accommodation. Requests for extended time to complete all assignments, including tests, quizzes, homework and class work, should not be granted when supportive evidence indicates that the student always completes tests in less than the time allotted and earned mostly A's. [See Apple Valley Unified Sch. Dist., 25 IDELR 1128 (SEA CA 1997)].

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Discipline

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Discipline and Section 504 Students This section offers guidance on how to properly manage disciplinary cases pertaining to students with disabilities. Note that the discipline of a student with a disability should be determined on a case-by-case basis, with assistance of the CMS Office of General Counsel when legal or policy concerns arise. Individual cases and situations should be considered on their own merit, and individual circumstances should be considered in all situations. It is critical for school staff to remember that students with disabilities cannot be denied services based solely on their disabilities.

Manifestation Determination Review

General Overview Section 504 protects disabled students from being improperly removed from school for misconduct that is related to their disability. Before CMS can implement a disciplinary action that constitutes a “significant change in placement," the Section 504 school team must evaluate the student to determine whether the student’s misconduct was caused by, or had a direct and substantial relationship to, the student’s disability; or was the direct result of the District’s (school’s) failure to implement the student’s Section 504 Plan. This type of evaluation is commonly called a manifestation determination review.

If a student’s misconduct is a manifestation of his or her disability, CMS cannot implement a disciplinary action that constitutes a significant change in the student’s placement. If a disabled student’s misconduct is not a manifestation of his or her disability, CMS can discipline the student in the same manner that it disciplines non-disabled students for the same misconduct. Under Section 504, the District does not have to provide a disabled student educational services during the period of time the student is properly removed from school for disciplinary reasons. However, students must be given the same access to services that are available to non-disabled students who are long-term suspended or expelled, including access to re-entry programs. Overall, a Manifestation Determine Review (MDR) is held:

when suspending a student for more than 10 days when a school plans to give a student an out-of-school suspension (OSS) that may be fewer than ten (10) days, but when combined with previous suspension days in the current school year, would exceed ten days of OSS.

Important Notes: The school may immediately suspend the student, but the MDR must take place within 10 days of the decision to suspend.

Parents must receive written notice of MDR.

The MDR must be conducted within 10 school days of any decision to make a “significant change in placement” of a child with a disability due to a violation of the Student Code of Conduct.

Significant Change in Placement A significant change in placement is defined as a significant change in the type or amount of educational or related aids or services that CMS provides to a disabled student. A significant change in placement may include, but is not limited to:

terminating eligibility under Section 504;

initiating or terminating a service;

disciplinary actions that exclude a student from school for more than 10 consecutive school days in a school year

disciplinary actions that create a pattern of exclusion from school;

A series of out-of-school (OSS) suspensions within a school year that exceeds ten (10) cumulative days may create a pattern of exclusions that OCR would also consider to constitute a significant change in placement. Serial suspensions constituting a change in placement must be determined on a case-by-case basis. Factors such as length

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of each suspension, the proximity of suspensions to one another, and the total amount of time the student is excluded from school must be considered when trying to determine a pattern of serial suspensions.

NOTE: When determining the number of OSS days a student has accumulated, only days within the given school year are counted. Each student every year begins with a clean slate. However, data from prior years may be considered when developing accommodation and behavior intervention plans.

In-school Suspension Considerations In-school suspension (ISS) must provide an educational benefit equivalent for a student that is protected under Section 504 to what is provided to all students who are in school in regular education classrooms. Normally, students placed in an ISS class are expected to work semi-independently in an environment where they are subject to restricted movements, have limited restroom breaks, and must be silent for extended periods. In some cases, particularly for periods greater than ten (10) days, in-school suspension (ISS) may constitute a significant change in a Section 504 student’s placement because ISS placement may interrupt the current accommodations specified in the student’s Section 504 Plan. Therefore, if ISS is used as a substitute for OSS, a) a reevaluation meeting may be warranted to determine if a change of placement is needed; b) the student’s Section 504 accommodation plan must be followed; c) FAPE must be provided. Schools seeking to use the in-school suspension (ISS) exception for a few days at a time should follow the U.S. Department of Education IDEA regulations of 2006. This report explains three critical factors the school should consider when using ISS and not count those days towards a pattern of exclusion. The commentary from the report states that:

“...it has been the Department’s long-term policy that an in-school suspension would not be considered a part of the days of suspension addressed in Section 300.530 as long as the child is afforded the opportunity to continue to appropriately participate in the general curriculum, continue to receive the services specified on the child’s IEP, and continue to participate with nondisabled children to the extent they would have in their current placement.” (p. 17)

Manifestation Determination Review (MDR) Meeting

A Manifestation Determination Review (MDR) Meeting is needed when a student’s placement may be significantly changed by disciplinary action as a result of his/her misconduct. Usually, a short-term out of school (OSS) suspension of ten (10) days or less does not constitute a significant change in the student’s placement. Therefore, a manifestation determination review meeting is not necessary when a student’s suspension is deemed a short-term suspension, as placement would not constitute a significant change. A Manifestation Determination Review meeting is essentially an evaluation that answers two questions:

1. Is the misconduct in question related to the student’s disability? To answer this question, this determination must be based upon evaluation data (reports, observations, information, etc.) which is related to behavior and must be recent enough to afford an understanding of the student’s current behavior.

A student’s misconduct is a manifestation of his/her disability if the misbehavior “is caused by the disability” or “has a direct and substantial relationship to the disability.”

A student’s misconduct is not a manifestation of the student’s disability if the behavior has only a weak relationship to the student’s disability.

NOTE: A determination that a student knows the difference between right and wrong does not constitute a determination that the student’s misconduct was or was not a manifestation of the disability.

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2. Is the misconduct in question the direct result of a failure to implement the Section 504 Plan? A variety of sources, including aptitude and achievement tests, teacher reports, physical condition, social or cultural background, and/or adaptive behavior, must be considered when answering this question. Review the student’s current Section 504 Plan to determine if all accommodations were implemented correctly. Also check the dates on the plan and determine if the Section 504 Plan is current. If there is no current Section 504 Plan in place for this student or the accommodation was not implemented correctly, a new Section 504 Plan should be developed immediately and the misconduct in question for this manifestation would be considered a “failure to implement” the Section 504 Plan.

Manifestation Determination Review (MDR) The Manifestation Determination Review (MDR) must be held within 10 school days of the day on which the student was disciplined for the misconduct in question. Until the Manifestation Determination Review is conducted, the student may be suspended from school. Parents/guardians must receive written notification of the MDR. Students, especially individuals in middle and high school, should be invited to attend the MDR.

Procedures 1. The MDR is conducted similar to an annual review. A Parent/Guardian Notification of a Section 504 Team

Meeting (8205) is sent to inform the student’s parent/guardian that a meeting is being held. Include a copy of Parent/Guardian –Student Rights and Procedural Safeguards (8201).

2. At the meeting the Section 504 team completes the Manifestation Determination Review (MDR 9713). As part of this process, the team must refer to the student’s current Section 504 Accommodation Plan. During this review the team may elect to complete a new plan if the accommodations are not appropriate for the student at this time.

3. Determination

A. If the Section 504 Team determines that the student’s misconduct was a manifestation of the student's

disability, the student must be returned to the same educational placement where the student was at the time of the incident. In addition, the following steps should be followed:

a. Modify the current educational placement or make, if appropriate, an alternative educational

placement. b. Conduct a Functional Behavioral Assessment (FBA) and implement or modify the current Behavior

Intervention Plan (BIP) c. Return the student to the placement from which the student was removed, unless the

parent/guardian and the district or home school agree to a change of placement as part of the modification of the Behavior Intervention Plan.

B. If the Section 504 Team determines that the student’s misconduct was not a manifestation of the

student's disability, the school may initiate “normal” disciplinary procedures that would be given to a non-disabled student under the same circumstances.

4. The result of the Manifestation Determination is documented by the Section 504 Team making the decision using the Manifestation Determination Review (MDR 9713). Using the Manifestation Determination Review (MDR) Meeting Results form, the parent/guardian must receive the written notification of the Section 504 Team’s decision within 24 hours of the determination meeting. This notification will inform the parents/guardian of their right to initiate a due process hearing to challenge the Section 504 Team’s decision, if they disagree with the decision.

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5. The completed MDR packet is emailed to cmssection504@cms.k12.nc.us for an overall compliance review. Use the MFR checklist to be sure all forms are completed. A follow-up email will be sent to the school principal, zone superintendent, and area administrator (student services). If the student’s file is compliant, contents of this email will include the permission to schedule a hearing for further disciplinary action to proceed, plus any revisions that may be needed for a student’s Section 504 plan. If the file is not compliant, the school Section 504 coordinator or principal will be contacted to explain why the file is not compliant and to determine the next step in the process.

Even in situations where a Manifestation Determination Review (MDR) is not legally required, OSEP strongly encourages districts to review the circumstances that led to the student's removal as soon as possible and consider whether the student was provided services in accordance with the Section 504 plan. OSEP also encourages the district to consider whether the behavior could be addressed through minor classroom or program adjustments or whether the Section 504 team should be reconvened to address possible changes to the student’s plan. [OSEP Memorandum 97-7, 26 IDELR 981 (OSEP 1997)].

CMS Discipline and Reassignment Final Regulations

After student commits offense resulting in suspension:

Ten Days or Less of Out-of-School Suspension If this suspension results in no more than 10 cumulative days of out-of-school suspension (OSS) in one school year, and the school administration is not requesting a Disciplinary Team Meeting (DTM) for consideration of long-term suspension, expulsion or disciplinary reassignment, the school follows the same disciplinary procedures as for non-disabled students. There is no requirement that the team conduct a manifestation determination review (MDR) at this time.

More than Ten Days of Out-of-School Suspension If this suspension results in more than 10 cumulative days of OSS in one school year, the 504 (IEP) team must complete a Manifestation Determination Review (MDR). If the school is also requesting a DTM, the 504 (IEP) team must complete the MDR prior to the DTM meeting.

a. If manifestation is found, the DTM is canceled and the student returns to school. b. If manifestation is not found, the DTM proceeds as scheduled.

Interim Alternative Educational Settings (IAES) (45 day rule) If a Section 504 student carries a weapon to school, or to a school-sponsored event or function; possesses, uses, sells, or solicits illegal drugs on school grounds or at a school-sponsored event or function; or inflicts serious bodily injury upon another person at school or a school-sponsored event or school function, CMS may place the student in an interim alternative educational (IAES) setting for up to 45 school days. However, a Manifestation Determine Review must be scheduled during that time to review the student’s Section 504 Plan, discuss the need for a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP), and determine if the behavior was a manifestation of the student’s disability. If further information is needed on this process, school staff should contact the Section 504 Office.

Terms Defined

Weapon “Weapon” is a device, instrument, material, or substance, animate or inanimate, which is used for or is readily capable of, causing death or serious bodily injury; except that such term does not include a pocket knife with a blade less than 2-1/2 inches in length.

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Illegal Drugs "Controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act. This refers to any prescription drug or a drug that has not received medical approval. "Illegal drug" means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law (i.e. drugs without prescription).

Serious Bodily Injury

“Serious bodily injury is an injury that results in: a substantial risk of death;

extreme physical pain;

protracted and obvious disfigurement; and/or

protracted loss or impairment of the function of a bodily member, organ, and/or mental faculty.

Appeal Rights and Placement During Appeals

If a parent disagrees with a determination that a student’s behavior was not a manifestation of the student’s disability or with any decision regarding placement for disciplinary purposes, the parent may appeal the determination. Refer to the section Parent-Student Rights and Grievances for more information.

Functional Behavioral Assessments and Behavior Intervention Plans

The Section 504 Team must consider conducting a Functional Behavioral Assessment (FBA) and developing a Behavior Intervention Plan (BIP) for students who demonstrate difficulty with maintaining appropriate behavior in school. Any Section 504 student who has been removed from school more than 10 school days during the current school year who demonstrates a pattern of behavior that is impacting the student’s functioning must be considered for developing a Behavioral Intervention Plan (BIP). Such consideration must be given even if the original qualifying disability was not behavior related. To do this, the Section 504 Team must meet to initiate a Functional Behavioral Assessment (FBA), and then implement a Behavior Intervention Plan (BIP). The Section 504 Team must review the Behavior Intervention Plan (BIP) periodically, and after each removal/exclusion from school, to determine the effectiveness of the plan. If one or more team member(s) believe(s) modifications are needed, the Section 504 Team meets to consider those modifications and amend the BIP. This process may be conducted at any time; however, if the student’s misbehavior results with a Manifestation Determination Review, where the misconduct was determined to be a manifestation of the student's disability, the Section 504 Team must either:

1. Conduct a Functional Behavioral Assessment (FBA), unless previously conducted, and then implement a Behavior Intervention Plan (BIP); or

2. Review the Behavior Intervention Plan (BIP), and modify it, as necessary, to address the behavior.

During the 2013-2014 school year CMS is implementing the use of Behavior Plus to address behavior interventions for students in Kindergarten through Grade 8. Students with an active Section 504 Plan will use the Indirect FBA section within the BehaviorPlus platform to create the needed behavior plan. Training on this program is available through CMS Professional Development or by contacting the District Section 504 Office. Students in PreK or High School will continue to use the current process for the 2013-2014 school year.

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Parent-Student Rights and Responsibilities

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Parent/Student Rights Under Section 504 of the Rehabilitation Act of 1973 and Its Amendments

CHARLOTTE-MECKLENBURG SCHOOLS

The Rehabilitation Act of 1973, commonly referred to as Section 504, is a non-discrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that within the public schools disabled students have educational opportunities and benefits equal to those provided to non-disabled students. An eligible student under Section 504 is a student who (a) currently has, (b) has a record of having, or (c) is regarded as having a physical or mental impairment which substantially limits one or more major life activities. Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning. Parents have the rights to:

1. Have your child take part in, and receive benefits from public education programs without discrimination based on a disability. 2. Have the District advise you as to your rights under federal law. 3. Receive notice with respect to identification, evaluation, or placement of your child. 4. Have your child receive a free appropriate public education (FAPE). This includes the right to be educated with non-disabled

students to the maximum extent appropriate. It also includes the right to have the District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.

5. Have your child educated in facilities and receive services comparable to those provided to children without disabilities. 6. Have your child receive special education and related services if she/he is found eligible under the Individuals with Disabilities Act

(IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act. 7. Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who

know the student, the eligibility data, and placement options. 8. Periodic re-evaluation and evaluation before any significant change in placement occurs. 9. Give your child an equal opportunity to participate in non-academic and extracurricular activities offered by the District through

the provision of reasonable accommodations. 10. Examine all relevant records relating to decisions regarding your child’s identification, eligibility, educational program and

placement under the Family Educational Rights and Privacy Act. The requirements are described in the Board’s policy manual on file at the CMS Web site.

11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records. 12. Receive a response from the District to reasonable requests for explanations and interpretations of your child’s records. 13. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate,

misleading or otherwise in violation of the privacy rights of your child. If the District refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.

14. Request an impartial due process hearing related to decisions regarding your child’s identification, eligibility, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost. You have the right, also, to appeal the impartial hearing officer’s decision.

15. File a complaint with the District when you believe your child’s rights have been violated.

School-Level Section 504 Coordinator: Section 504 District Compliance Specialist:

Name Cynthia Vines 4511 Monroe Road Charlotte, NC 28205 PH: (980) 343-0589 FAX: (980) 343-0972

cynthiap.vines@cms.k12.nc.us cmssection504@cms.k12.nc.us

Phone Number

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Grievance Procedures

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Section 504 Grievance Procedures Charlotte-Mecklenburg Schools has an internal resolution procedure to provide a prompt and impartial review of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973. This is an optional resolution procedure for a complainant. The resolution procedure is not a prerequisite before a complainant may directly pursue any other state or federal remedy available under law. Section 504 complaints may include, but are not limited to, allegations that Charlotte-Mecklenburg Schools engaged in discrimination against Section 504 students with disabilities by affecting their rights regarding identification, evaluation, educational program or placement, and accommodation. As part of an informal approach to complaint resolutions, the District wants parents, guardians, students and other District patrons to have the opportunity to make concerns known to the District and for the District to have the opportunity to respond and resolve concerns as rapidly as practicable at the local school or program site level. Filing a discrimination complaint is a protected activity. Discrimination against any individual because he or she reported Section 504 violations, or made a complaint, testified, assisted or participated in Section 504 investigations, proceedings or hearings is prohibited. Coercion, intimidation, threats or interference with anyone because he or she exercised Section 504 rights, or helped or encouraged someone else to do so is prohibited. These procedures are intended to protect the substantive rights of interested persons, meet appropriate due process standards, and assure District compliance with Section 504 of the Rehabilitation Act of 1973.

Definitions “Complaint” means a written allegation that the district or its personnel have violated, misinterpreted or

erroneously applied provisions of Section 504. The complaint must contain the name and address of the complainant and a brief description of the alleged violation;

“Complainant” includes (1) a parent or guardian of a district student, (2) a district high school student who is 18

years of age or older, (3) a district patron; “Principal” means district‐wide administrators, principals, program supervisors and their respective administrative

designees.

Grievance Steps

Informal Level 1

A. Complaints should be filed with the principal of the school which the student attends. The complaint should include a written explanation of the concern and be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation.

B. After receiving the complaint, the principal will notify the District Section 504 Compliance Specialist and additional District staff as needed. The principal will begin an investigation and schedule a conference with the complainant to discuss the complaint. A conference will be held as promptly as practicable, but in any event, no later than 14 school days after receipt of the complaint, unless the complainant agrees to a different timeline. These resolution procedures contemplate informal but thorough investigations, affording all interested parties and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

C. The above conference will be conducted in an informal manner designed to provide an opportunity for the complainant to fully explain the nature of the complaint, the circumstances which give rise to it, and the resolution requested. The conference should give the principal the opportunity to fully discover the facts which bear on the complaint.

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D. As soon as practicable, but no later than 30 calendar days after the conference, the Principal will prepare a

written report resolving the complaint and send the complainant a copy with additional copies submitted to the District Section 504 office. The report will summarize the complaint and conference and state the conclusions, the reasons supporting them, and the remedial action, if any which the principal intends to take. For Section 504 compliance purposes, the principal will maintain the files and records of complaints received and investigated.

E. At any point in this process the principal may consult with the District Section 504 compliance specialist.

Informal Level 2 A. The complainant may request reconsideration if he or she is dissatisfied with the Level 1 resolution. The request

for reconsideration must be made within 20 school days after receipt of the written report by complainant. The request for reconsideration must be in writing and directed to the District Section 504 compliance specialist.

B. The District Section 504 compliance specialist will review the Level 1 investigation, conduct any additional interviews or procedures necessary to understand the situation, and make a written report to the complainant and the school within 20 school days of receiving the request. The report will state relevant findings of fact, conclusions and the reasons supporting them.

C. Upon review, if either party is dissatisfied, a formal hearing may be requested by contacting District Section 504

specialist who will assist in initiating this process.

Formal Level 3 If the informal procedure fails to satisfy the dispute, the formal hearing process is available through the use of an impartial hearing officer.

Selection of a Hearing Officer From a list of impartial hearing officers the District Section 504 compliance specialist and the complainant shall jointly select a hearing officer for the adjudication of the dispute. In order for an individual to be qualified to serve as a hearing officer they must meet the following qualifications:

The individual may not be a current or former employee of Charlotte-Mecklenburg Schools (CMS). When possible, the individual should have a background in meeting the needs, or working with individuals

with disabilities or civil rights issues. The individual may not have any prior knowledge of the particular complaint.

Failure to Request a Hearing A request for a hearing under this procedure must be made within thirty (30) days of the incident or the individual waves his/her rights to this process. However, complaints filed under terms of the Rehabilitation Act of 1973 and its amendments or the Americans with Disabilities Act and its Amendments of 2008 (ADAAA), are not waived and the individual may pursue a resolution through that process.

Procedures Governing the Grievance Hearing All grievance hearing procedures will be held before the hearing officer. The complainant or his/her representative shall have the opportunity to examine, before the start of the

proceedings, all relevant materials. The complainant shall have the right to secure aid, at their expense, in representation whether of a

professional nature or otherwise; including, but not be limited to, attorneys, health professionals, or any other person beneficial to the presentation of the case.

The grievance hearing shall be held in private. A public grievance hearing will be given consideration if requested by the complainant.

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The complainant has the right to present any and all pertinent evidence and cross-examine any and all witnesses.

The decision of any and all grievance hearings shall only be based on facts presented at the time of the grievance hearing.

Failure to Appear for the Hearing In the event that the Charlotte-Mecklenburg Schools (CMS) representative or the complainant or his/her representative(s) fails to show, the hearing officer may postpone the hearing for up to five (5) days or find against the party who failed to show. This determination does not affect the complainant’s or the District’s rights to pursue any other legal process available.

Procedures for Obtaining a Transcript of the Hearing A transcript of the grievance hearing may be arranged prior to the grievance hearing date at the request of either party. The party requesting the transcript is responsible for the expense of this procedure.

Decision of the Hearing Officer The hearing officer must issue a written decision of the grievance hearing within ten (10) working days and furnish a copy to all parties. A copy must be kept on file with the Section 504 office. An additional copy of the decision with all names deleted shall be kept on file for future reference.

Appeal of the Decision Within ten (10) calendar days of the final report, either party may appeal the hearing officer’s decision to the CMS Superintendent by filing a written request for this review with the District Section 504 compliance specialist. The written request must be directed only to the issues raised in the formal complaint as filed or to procedural errors in the conduct of the grievance procedure itself, and not to new issues. The District Section 504 compliance specialist will forward the appeal to the CMS Superintendent, and provide copies to all parties involved. If the grievance involves a decision that is being challenged, the review to the CMS Superintendent or designee will usually be limited to the following considerations:

1. Were the proper facts and criteria brought to bear on the decision? 2. Were improper or extraneous facts or criteria brought to bear that substantially affected the decision to the

detriment of the complainant? 3. Were there any procedural irregularities that substantially affected the outcome of the matter or the

detriment of the complainant? 4. Given the proper facts, criteria, and procedures, was the decision a reasonable one?

A copy of the Superintendent’s written decision will be provided within 30 days of the receipt of the appeal and shall be sent to the complainant, the District Section 504 compliance specialist and, if appropriate, the school personnel whose compliance will be needed to carry out the disposition. The deadline may be extended by the CMS Superintendent for cause. After completion of these processes if the complainant finds he/she is still being discriminated against, he/she maintains the right to file a complaint with the Office for Civil Rights with the Department of Education. This procedure was developed and revised to protect the substantive rights of interested persons, meet appropriate due process standards, and ensure Charlotte-Mecklenburg Schools (CMS) complies with Section 504 of the Rehabilitation Act of 1973 and its amendments and the Americans with Disabilities Act and its amendments of 2008 (ADAAA) and their implementing regulations.

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Appendices

Information List

Charlotte-Mecklenburg Schools Board of Education Policy Components of a Section 504 Evaluation by CMS School Psychologists Contact Information PowerSchool/NC Wise Information Meeting Checklist Professional Development Role Responsibilities

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Charlotte-Mecklenburg Schools Board of Education Policy

Board of Education Policy Policy Code: IHBA Special Education/Programs for Handicapped/Disabled/Exceptional Students

It is the policy of the Charlotte-Mecklenburg Schools (CMS) to comply with applicable federal and state laws relating to the education of children with special needs, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and its applicable amendments and, the Americans with Disabilities Act (1990) and its amendments of 2008 (ADAAA). Information regarding procedures for compliance will be made available to the public at each school, the CMS office of Federal and State Compliance, the Pre-K-12 Student Support Services Office and in the office of the Exceptional Children Program. Date of Adoption: 5/9/88 Revised: 1/29/90, 11/26/90, 9/17/92, 6/23/99, 5/13/03, 10/12/2009 Legal Reference: 20 U.S.C. Section1400 et seq., 29 U.S.C. Section 794 (a) Previous CMS Policy #: 6170

Policy Code: JKDA-R Suspension and/or Placement in an Interim Alternative Educational Setting of Disabled Students Section VII. Section 504 of the Rehabilitation Act of 1973

A. Section 504 of the Rehabilitation Act of 1973 is a non-discrimination statute that prohibits discrimination and is designed to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. An eligible student under Section 504 is a student who (1) has, (2) has a record of having, or (3) is regarded as having, a physical or mental impairment that substantially limits a major life activity such as learning. It is the policy of the Charlotte-Mecklenburg Board of Education not to discriminate on the basis of disabilities in its educational programs, activities, or employment practices as required by the Act.

B. The regulations for implementing Section 504 provide parents and/or students the following rights:

You have the right to be informed of your rights under Section 504, which is the purpose of this notice.

Section 504 requires the school system to locate, evaluate, and determine if a student is a qualified individual requiring accommodations and modifications necessary to provide access to educational programs.

You have the right to receive notice within a reasonable time before CMS identifies, evaluates, or changes your child’s placement.

You have a right to periodic reevaluation and to evaluation before significant changes in placement.

You have the opportunity to review relevant educational records under the Family Educational Rights and Privacy Act. The requirements are described in the Board’s policy manual on file at the Education Center.

You have a right to request an informal conference with the principal and the intervention team if you disagree with the decisions reached by the school regarding identification, evaluation, educational program or placement. If your concerns are not resolved, you may request a hearing before an impartial hearing officer by notifying the Board’s Section 504 Specialist in writing.

You have the right to be represented by counsel in the impartial hearing process and to appeal the impartial hearing officer’s decision.

Date of Adoption: 9/10/91 Revised: 11/13/0, 10/12/091Legal Reference: 20 U.S.C. Section1400 et seq., 29 U.S.C.Section794 (a) Previous CMS Policy #: 5114A Cross-Reference: ADD, IHBA, JICA, JICG, JICH, JICI, JIJ, JK, JKA, JKD

Components of a 504 Evaluation by CMS School Psychologists The information below was compiled by the CMS school psychologists to assist school teams with the evaluation of students with learning and/or behavioral concerns. For more information contact the psychologist assigned to your school. The report should present a clear picture of the student’s current levels of functioning. If a disabling condition has been identified, the report also should provide evidence of the degree of impairment that the related behaviors have on the student’s learning and school performance.

Current Levels of Functioning:

Academic Status o Examples:

Current and previous report cards Formative assessment data State assessment data

Health Medical Status o Examples: Diagnoses

Medications Current and previous treatment plans

Social/Emotional Status o Examples: Social/Developmental History

Observations Interviews

Aptitude/Developmental Status o Examples: Informal/formal data

Observations Interviews

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Contact Information

Compliance Specialists

Cynthia (Cindy) Vines Desk: 980-343-0589 cynthiap.vines@cms.k12.nc.us Cell: 980-219-0320

Clerical Support Julia Ann Featherstone 980-343-0221 Hameta Johnson 980-343-2637 Elizabeth Brandenberg 980-343-3653 Shirnell Addison 980-343-2612

Department Intranet Site Information about the Section 504 Office can be obtained from Section 504 page at the Pre K-12 Support Services Department site - http://my.cms.k12.nc.us. This page will provide contact information for staff and a link to the Documents and Forms page, where school-level coordinators can download forms, read articles and obtain previous presentations. Check back often for updates and additional postings of current information.

Additional Internet Sites More information can be obtained from:

North Carolina Department of Public Instruction 504 (www.ncpublicschools.org)

Office of Civil Rights (http://www2.ed.gov/about/offices/list/ocr/504faq.html)

Section 504 Professional Development Schedule for 2013-2014 During the 2013-2014 school year, training for Section 504 will be held in connection with school counselor training for elementary school counselors. Middle and High School counselors will meet monthly on the days designated below. Individuals, who are not school counselors, may register for Section 504 in MyPd.

September 20, 2013 & March 28, 2014

8:30-3:30 Section 504 Required In-service (both required for 504 coordinators)

Spaugh PDC

Additional training opportunities may be provided via webinar and online classes. SECTION 504 BLAST emails will provide update information on trainings.

NOTE: In order to receive continuing education units (CEUs) of credit, each participant must: 1) register on MyPD as soon as possible to reserve your place for the above trainings, 2) attend the session in its entirety, and 3) sign in before each training Session start times can be ascertained from MyPD and from the department’s Intranet site.

Role Responsibilities Charlotte-Mecklenburg Schools has adopted and complies with policy and procedures that ensure protection against discrimination of individuals with disabilities. Each school is responsible for providing a free appropriate public education (FAPE) to all students, including those with disabilities. We endeavor to and communicate with parents of students with special needs. To effectively do so requires that school personnel be knowledgeable of Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADAAA). To assist school personnel, parents, and guardians in matters regarding education of students under Section 504, Cynthia Vines serves as the compliance specialist for CMS.

Responsibilities of District Section 504 Compliance Specialist

Coordinates Section 504 implementation in the district

Ensures that all Section 504 forms and procedures comply with Section 504 requirements

Provides training to school-level Section 504 coordinators and others annually, as needed

Provides technical assistance and problem‐solving on an “as needed” basis

Liaises with other CMS departments to ensure Section 504 student data are accurate

Addresses systemic issues related to Section 504 compliance

Provides accurate, accessible information about Section 504 to the Charlotte community

Receives and addresses concerns regarding Section 504 program implementation

Maintains District Section 504 information on student plans and programs in NC Wise

Responsibilities of the School-Level Section 504 Coordinator

Coordinates Section 504 services in the school

Facilitates the Section 504 team meetings

Addresses school staff, parental and student questions that arise about Section 504 issues

Participates in district‐wide training on Section 504 implementation.

Schedules meetings & sends notices, including periodic reviews, as indicated on plan

Provides copies of documents to parents

Maintains Section 504 folder within the student’s cumulative file

Provides information to a student’s current teacher(s) about the student’s Section 504 plan contents and the importance of implementation

Schedules periodic review at least annually

Ensures that staff are using current Section 504 forms and following current procedures.

Enters accurate data in NC Wise and periodically checks NC Wise for accuracy

Sends student information/paperwork to District Section 504 Office

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504 Meeting Checklists

Before the Meeting ___ Contact parents to explain the purpose of the meeting and address questions and concerns

___ Schedule meeting with participants, including parents ___ Send meeting notice reminding parent of date, time and location of meeting ___ Gather pertinent information to be shared at the meeting: updates from teachers, assessment reports, medical/health information, etc ___ Develop meeting agenda ___ Arrange for any necessary interpreters or accommodations for meeting participants ___ Complete portions of the Section 504 Eligibility Determination Report that can be populated before the meeting ___ Bring all current forms to the meeting

During the Meeting ___ Introduce participants and their roles ___ Clarify purpose of meeting ___ Review agenda ___ Identify note‐taker and time-keeper for meeting ___ Facilitate student’s input or participation ___ Lead group through agenda ___ Complete Section 504 Eligibility Determination Report (if new to 504) ___ Complete Section 504 Student Accommodation Plan (if needed), or revise as needed ___ Provide copies of Report and Plan to parents or inform them of how /whena copy can be obtained ___ Provide Statement of Parent Rights to parent (keep signed copy for cumulative folder) ___ Thank everyone for participation and cooperation

After the Meeting ___ Place final copy of all Section 504 meeting paperwork in the student’s cumulative file

___ If parents did not receive documents at meeting, provide copies ___ Complete NC Wise report including Program Assignments and Student Plan ___ Email initial student paperwork to the District Section 504 Office ___ Be sure all teachers know and understand their responsibilities under the Section 504 plan ___ Schedule all check‐ins to monitor implementation of plan. Keep log of contacts related to implementation of plan ___Schedule annual review date, and at least one month earlier to begin “before meeting” review process

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PowerSchool /NC Wise Information

NCWise is no longer the platform used in CMS. Student information pertaining to eligibility and accommodations for a student will not be available through PowerSchool. Until a platform is developed all Section 504 information will be completed on paper. Original paperwork will be kept in the student’s school cumulative record file. A copy is emailed to the District Section 504 Office within 24 hours of a meeting.