section 504 manual - marshall isd

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Section 504

Manual

MARSHALL INDEPENDENT SCHOOL DISTRICT

Focused on Success. Enriching Experiences. Making a World of Difference.

Assurance of Non-Discrimination

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Marshall ID does not discriminate on the basis of race, religion, color, national origin, gender, sex

or disability in providing education services, activities, and programs, including vocational

programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the

Educational Amendments of 1972; and the Section 504 of the Rehabilitation Act of 1973, as

amended.

Reports of discrimination based on disability may be directed to the ADA/Section 504

coordinator. The District designates the person below to coordinate its efforts to comply with

Title II of the Americans with Disabilities Act of 1990, as amended which incorporated and

expands upon the requirements of Section 504 of the Rehabilitation Act of 1973, as amended.

Marshall ISD ADA/Section 504 Coordinator

Sharone Woolen, Director of Special Programs

PO Box 43, Marshall, TX 75670

903-927-8707

The Office for Civil Rights (OCR) of the Department of Education, the contact information for

Texas is:

Office for Civil Rights, US Department of Education

1999 Bryan Street, Suite 1620

Dallas, TX 75201-6810

241-661-9600

Fax 214-661-9587 [email protected]

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Acknowledgements

Various documents from school districts, state agencies, organizations, and individuals

throughout the United States were used in the development of this reference. Marshall

Independent School district gratefully acknowledges the following organizations for sharing

Section 504 material for the use in this handbook:

Anchorage School District

Colorado Department of Education

Council of Educators for Students with Disabilities, Inc. (CESD)

The CESD provides information and training to assist educators in complying with federal law

protecting students with disabilities. Much of the information contained in this manual is based

upon training materials and compliance forms developed by the law firm of Richards, Lindsay &

Martin, L. LP., sponsors of the annual CESD Section 504 Conference.

Fairbanks School District

University of South Florida

Walsh Anderson’s “A School District’s Guide to Section 504 and the ADA” (Walsh, Anderson,

Brown, Gallegos and Green, P.C.) www.WalshAnderson.com

http://www.walshanderson.com/

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Table of Contents

Overview of 504-

Overview of §504 Basics pg. 6

When should you consider §504? pg. 7

FB Legal- Equal Educational Opportunities pgs. 8-9

FB Local- Equal Educational Opportunities pg. 10

Parents’ Rights pg. 11

Comparison of IDEA/Section 504/ADA pgs. 12-13

How Things Have Changed with the ADAAA pg. 14

Operational Guidelines-

Operational Guidelines for Section 504/ Child Find pg. 15-33

Section 504 Due Process Hearing Procedures

Child Find Notice

Section 504 Campus Committee Procedures

Dyslexia/Dysgraphia Testing Request Procedure Map

Transfer Student Process Map

Transfer/Initial Student Information Sheet

Sequence of 504 Process for Initial Meeting Only

Sequence of 504 Process for Annual Meeting/Special Circumstances

Compliance Forms-

Section 504 Forms in SuccessEd/SEM: pgs. 34-53

Accelerated Plan/Intensive Program of Instruction (not used by MISD)

Accommodations for Extracurricular Athletics

Annual Notice for TX Section 504 Students with Learning Difficulties

Contact Log

Home Language Survey (MISD uses CUM folder copy)

Referral Information

Parent Input

Notice and Consent for Initial Section 504 Evaluation

Parent Consent for Section 504 Services

Notice of Section 504 Evaluation Results

Notice of Section 504 Meeting

Section 504 Annual Review

Student Services Plan

Teacher Input

Notice of Section 504 Manifestation Determination Evaluation Results

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Behavior Intervention Plan

Texas General Education Homebound Supplement

Transportation Information

Snapshot for Annual Review

Section 504 Forms not in SEM/SuccessEd: pgs. 54-66

Notice of Release/Consent to Confidential Information

Notice of Decision (Prior Written Notice)

Failure Conference Form

Parent Complaint Form

Verification of Student Accommodation Plan Documentation

Section 504 Paperwork Checklists –Annual, 3-Year and MDR

Documentation of Annual Campus Training Regarding 504 Accommodations

Copy of Blank Data Documentation for Accommodation

Notice of Parent Rights pgs. 68-71

Campus Coordinator BOY Requirements pg. 72

Campus Coordinator EOY Requirements pg. 73-74

Resources- pgs. 75-130

Appendix A: Glossary

Appendix B: Frequently Asked Questions about Section 504 and the

Education of Children with Disabilities

Appendix C: Help for College Students with Disabilities

Appendix D: Examples of Disabilities and Accommodations

Appendix E: Physical Education Credit Rule for Students with a Disability

Appendix F: 10 Things to Know When you are a §504 Case Manager

Appendix G: Online Modules for Section 504

Appendix H: Section 504: Subpart D

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Overview of 504 Basics

Purpose:

In Section 504, the focus is on non-discrimination. The single paragraph we refer to as Section

504 of the Rehabilitation Act provided that:

“No otherwise qualified individual with a disability shall, solely by reason of his or her

disability, be excluded from participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving Federal financial assistance…”

This law specifically prohibits discrimination against students with disabilities and guarantees a

free and appropriate education (FAPE). Discrimination is the failure to provide students with

disabilities the same opportunity to benefit from educational programs, services or activities as is

provided to their non-disabled peers. Therefore, schools cannot exclude students with disabilities

from facilities, programs, benefits, activities or services that are provided to students without

disabilities.

The purpose is NOT about modifying the curriculum or lowering expectations. Section 504 does

not exist to take away student effort. Providing an equal opportunity should not compromise

student safety or give a student an unfair advantage.

The US Department of Education (ED) Section 504 regulation defines an individual with handicaps

as any person who (i) has a physical or mental impairment which substantially limits one or more

major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an

impairment. The regulation further defines a 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; genitourinary;

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 key factor in determining whether a person is considered an “individual with handicaps”

covered by Section 504 is whether the physical or mental impairment results in a substantial

limitation of one or more life activities. Major life activities, as defined in the regulation, include

functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, sleeping,

speaking, breathing, learning, concentrating, reading, communicating, standing, lifting, bending,

and working.

Hidden disabilities, or impairments that are not readily apparent to others, may also be covered

under Section 504. Examples may include students with diabetes, epilepsy, severe allergy, low

vision, poor hearing, heart disease, or chronic illness.

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When Should the District Consider §504 Eligibility?

When a parent frequently expresses a concern about his/her child’s performance.

When suspension, expulsion or retention is being considered.

When a student shows a pattern of not benefitting from instruction.

When there is a need for homebound services because of a disability.

When a student returns to school after a serious illness or injury.

When a student is referred for special education testing, but is not tested or does not qualify.

When a student exhibits a chronic health condition and has a Health Plan.

When substance abuse is an issue.

When a new building other than the home campus is being considered.

When a student is referred for Dyslexia assessment.

When truancy or absenteeism is an issue.

When a student has numerous referrals for misbehavior.

When parents provide an outside psychological assessment.

When a student is identified as “at risk” or exhibits the potential for dropping out.

(see PEIMS At Risk Indicator Code for more information)

When a student is regarded as having a disability, suspected of having a disability or has

been diagnosed with a disability.

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Marshall ISD FB Legal

Under Section 504 of the Rehabilitation Act, no otherwise qualified individual

with a disability shall, solely by reason of her or his disability, be excluded from

the participation in, be denied the benefits of, or be subjected to discrimination

under any program or activity receiving federal financial assistance. 29 U.S.C.A.

794(a)

A “student with a disability” is one who has a physical or mental impairment that

substantially limits one or more of the student’s major life activities, has a record

of having such an impairment, or is being regarded as having such an

impairment.

The determination of whether an impairment substantially limits a major life

activity shall be made without regard to the ameliorative effects of mitigating

measures, such as medication, medical supplies, low-vision devices (which do not

include ordinary eyeglasses or contact lenses), prosthetics, hearing aids, mobility

devices, oxygen therapy, assistive technology, or learned behavioral or adaptive

neurological modifications.

An impairment that substantially limits one major life activity need not limit other

major life activities in order to be considered a disability. An impairment that is

episodic or in remission is a disability if it would substantially limit a major life

activity when active.

A student meets the requirement of being “regarded as” having an impairment if

the student establishes that he or she has been subjected to a prohibited action

because of an actual or perceived physical or mental impairment whether or not

the impairment limits or is perceived to limit a major life activity. This provision

does not apply to impairments that are transitory or minor. A transitory impairment

is one with an actual or expected duration of 6 months or less. 29 U.S.C.

705(20)(B), 42 U.S.C. 12102(1), (3)–(4)

The term “qualified individual with a disability” means an individual with a disability

who, with or without reasonable modifications to rules, policies, or practices, the

removal of architectural, communication, or transportation barriers, or the

provision of auxiliary aids and services, meets the essential eligibility

requirements for the receipt of services or the participation in programs or

activities provided by the District. 42 U.S.C. 12131(2)

“Major life activities” include caring for oneself, performing manual tasks, seeing,

hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing,

learning, reading, concentrating, thinking, communicating, and working. “Major

life activity” also includes the operation of major bodily functions, including

functions of the immune system, normal cell growth, and digestive, bowel,

bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive

functions. 42 U.S.C. 12102(2)

SECTION 504

DEFINITIONS

‘STUDENT WITH A

DISABILITY’

‘QUALIFIED

INDIVIDUAL WITH

A DISABILITY’

‘MAJOR LIFE

ACTIVITIES’

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The District shall make reasonable modifications in policies, practices, or

procedures when the modifications are necessary to avoid discrimination on the

basis of disability, unless the District can demonstrate that making the

modifications would fundamentally alter the nature of the service, program, or

activity. 28 CFR 35.130(b)(7)

cannot be eliminated by a modification of policies, practices or procedures, or by

the provision of auxiliary aids or services as provided below. 28 CFR 35.104

The ADA does not require the District to permit an individual to participate in or

benefit from the services, programs, or activities of the District when that

individual poses a direct threat to the health or safety of others.

In determining whether an individual poses a direct threat to the health or safety of

others, the District must make an individualized assessment, based on

reasonable judgment that relies on current medical knowledge or on the best

available objective evidence, to ascertain:

1. The nature, duration, and severity of the risk;

2. The probability that the potential injury will actually occur; and

3. Whether reasonable modifications of policies, practices, or procedures or the

provision of auxiliary aids or services will mitigate the risk.

28 CFR 35.139

The District shall provide a free appropriate public education to each qualified

student with a disability within the District’s jurisdiction, regardless of the nature

or severity of the student’s disability.

REASONABLE

MODIFICATION

FREE APPROPRIATE

PUBLIC EDUCATION

(FAPE)

DIRECT THREAT

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Marshall ISD FB Local

The Section 504 coordinator and members of the Section 504 committee shall

receive training in the procedures and requirements for identifying and providing

educational and related services to those students who have disabilities, but who

are not in need of special education in accordance with the Individuals with

Disabilities Education Act (IDEA). [See EHBA]

The Section 504 committee shall be composed of at least two persons, including

persons knowledgeable about the student, the meaning of the evaluation data, the

placement options, and the legal requirements regarding least restrictive

environment and comparable facilities for students with disabilities.

A student may be referred by parents, teachers, counselors, administrators, or

any other District employee for evaluation to determine if the student has

disabilities and is in need of special instruction or services.

The Section 504 coordinator shall notify parents prior to any individual evaluation

conducted to determine if their child has disabilities or to determine what

educational or related services should be provided to the student. Parental

consent shall be obtained before the initial student evaluation procedures for the

identification, diagnosis, and prescription of specific education services.

Parents shall be given written notice of the District’s refusal to evaluate a

student or to provide specific aids and services the parents have requested.

The results of the evaluation shall be considered before any action is taken to

place a student with disabilities or make a significant change in placement in an

instructional program. The evaluation shall include consideration of adaptive

behavior. Adaptive behavior is the effectiveness with which the individual meets

the standards of personal independence and social responsibility expected of his

or her age and cultural group.

Parents shall be given written notice of their due process right to an impartial

hearing if they have a concern or complaint about the District’s actions regarding

the identification, evaluation, or educational placement of a student with

disabilities. The impartial hearing shall be conducted by a person who is

knowledgeable about the issues involved in Section 504 and who is not

employed by the District or related to a member of the Board in a degree that

would be prohibited under the nepotism statute [see DBE]. The impartial hearing

officer is not required to be an attorney.

Modifications in taking the state-mandated assessments may be made for a

Section 504 student when the modifications have been determined not to destroy

the validity of the test, are necessary for the student to take the test, are

consistent with modifications provided the student in the classroom, and are

approved by TEA. [See EKB]

SECTION 504

COMMITTEE

REFERRALS

PARENTAL

CONSENT

NOTICE TO

PARENTS

PRE-PLACEMENT

EVALUATION

IMPARTIAL

HEARING

STATE-MANDATED

ASSESSMENTS

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Parents’ Rights under Section 504

As a parent or legal guardian, you have the right to:

1. Receive notice regarding the identification, evaluation and/or placement of your child;

2. Examine relevant records pertaining to your child;

3. Request an impartial hearing with respect to the district’s actions regarding the identification evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure;

4. File a complaint with your school District Section 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation and placement.

5. File a complaint with the appropriate regional Office for Civil Rights.

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Comparison of

IDEA/§504/ADA

IDEA (K-12)

Individual with Disabilities Education Act

Section 504 (K-12/College)

ADA (College/Employment)

Americans with Disabilities Act

Requirements in the Law

Provides a free, appropriate, public education in the least restrictive environment.

Requires any agency, school or institution receiving federal financial assistance to provide persons with disabilities to the greatest extent possible, an opportunity to be fully integrated in to the mainstream.

Definitions in the law Specific disability categories are defined in the law; covers students with educational disabilities that require special services from specially

trained teachers. Not all students with disabilities are eligible.

Defines persons with disabilities who: Have a physical or mental impairment which limits one or more major life activities; Have a record of such an impairment; or Are regarded as having an impairment.

Definitions of disability essentially same as Section 504 & extends coverage to persons without disabilities who may be related to or associated with a person with a disability; Includes HIV status, contagious & non-contagious diseases.

Who is covered Covers students with educational disabilities that require special educational service ages 3-21 or until graduation.

Protects all persons with a disability from discrimination in educational setting based solely on disability.

Protects all persons with a disability from discrimination in educational setting based solely on disability.

Services provided Offers educational services that are remedial in addition to services available to all mainstream students (i.e., PE, Art, field trips).

Eliminates barriers that would prevent a student from full participation in programs/services offered to the general school population.

Eliminates barriers that would prevent a student from full participation in programs/services offered to the general school population.

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Funding Schools receive federal funding to provide remedial services.

Requires that schools not discriminate based on student’s disability & must provide appropriate accommodations, but schools receive no additional financial support to provide support services or auxiliary aids.

Requires that schools not discriminate based on student’s disability & must provide appropriate accommodations, but schools receive no additional financial support to provide support services or auxiliary aids.

Evaluation/ Documentation

School district is responsible for identifying & evaluating students with disabilities.

Evaluations are the responsibility of the school & are performed at no expense to student/parent.

Parents must consent to evaluations & placement decisions.

K-12: School district is responsible for identifying & evaluating students with disabilities. College: Students must self-identify as having a disability & must provide documentation of disability.

K-12: Parents must consent to evaluations & placement decisions. College: Student has responsibility for advocacy, negotiating accommodations plan.

Students must self-identify as having a disability & must provide documentation of disability.

Evaluations/documentation of disability are student’s responsibility & expense.

Student has responsibility for advocacy, negotiating accommodations plan.

IEP/ Accommodations Individual Education Plan (IEP) developed with parents, teachers & other specialists involved.

504 Plan developed with parents, teachers, school personnel involved (for elementary/secondary students). Accommodation plan developed with college student, Disability Services Coordinator on campus

Accommodation plan developed with college student, Disability Services Coordinator on campus

Classroom Placement Placement must be in the least restrictive environment; may be special classrooms, resource, or regular classroom. (Elementary & secondary students)

Placement is in regular classroom with support services to eliminate barriers to the educational experience. (Elementary, secondary, & college students).

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How Things Have Changed With the ADAAA

Because of the ADAAA, more students may now qualify as persons with disabilities entitled

to protection from discrimination based on their disabilities. They also may be eligible to

receive special education or general education with related services and reasonable

accommodations, including auxiliary aids and services in school, under Section 504.

The ADA Amendments Act of 2008 includes several significant changes, which also apply to

Section 504:

The definition of “major life activities” was expanded to include learning, walking, seeing, hearing,

breathing, caring for one’s self, performing manual tasks, reading, eating, sleeping, standing, lifting, bending, communicating, concentrating and thinking. Also, the definition of “major bodily

functions” has been expanded to include neurological and brain functions . The list is not exhaustive

and other major life activities are possible such as interacting with others. However, pregnancy is NOT

considered a disability. This change does make it much easier for individuals with LD and/or AD/HD to

qualify for protections under the ADAAA.

The ADAAA requires that the limitation on a major life activity be broadly, rather than narrowly,

interpreted.

Conditions that are episodic or in remission are covered when they are active . For example, a student

with AD/HD may be affected by his symptoms differently and at different times and under different

conditions. The ADAAA does not disqualify him from protection on that basis alone.

Under the ADAAA a person cannot be denied protection simply because he uses a mitigating

measure, such as taking medication for AD/HD or being allowed extra time when taking tests to

accommodate for an LD. (The only exception to this is corrective lenses that fully correct a vision

problem.)

Limitation in one major life activity need not impact other major life activities in order to trigger

ADAAA protection. Some students with disabilities struggle in just one academic area, such as reading

or writing, but excel in other skills or subjects and shine in extracurricular activities. Such students might

now qualify for ADAAA protection, whereas before 2009 they would have been found ineligible because

they struggled in only one major life activity.

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Operational Guidelines

A. Child Find

Marshall ISD maintains on-going child find activities. The District utilizes the local newspaper and web-site to annually notify disabled students and their parents of District’s obligation to provide a free appropriate public education. This duty extends to all disabled students residing in the district, including those currently attending private or home schools and residing in hospitals as well as homeless students. As part of the Child find effort, the District annually publishes the Child Find Notice. In both Spanish and English, in the student handbook, and places the Notice in locations likely to be seen by parents of eligible students such as offices of local physicians, school campuses, and school pre-registration activities. Additionally, every teacher within the District is provided information regarding the District’s pre-referral process and understand how to initiate a §504 referral and how to identify students in need of a referral. The District also conducts periodic reviews of student academic reports, absences, discipline reports and referrals to the school counselor and school nurse.

B. Section 504 Campus Coordinators

School Principal Phone Counselor/§504 Coordinator

Phone

Crockett Elementary School

Mrs. Angela Fitzpatrick

903-927-8880 Ms. Elissha Monsivais

X1508

Sam Houston Elementary School

Mr. Jerry Hancock 903-927-8860 Mrs. Lula Waskom X1352

W. B. Travis Elementary School

Ms. Tamekia Johnson

903-927-8780 Mrs. Yolonda Martin

X1555

Marshall Early Childhood Center

Mrs. Lesley Glanton

903-927-8790 Ms. Lesley Glanton 903-927-8790

Price T. Young Elementary

Ms. Frances Moore

903-927-8850 Ms. Odette Alexander

X1319

Marshall Junior High School

Ms. Nakeisha Adams Pegues

903-927-8834 6- Jasmine Johnson 7- Melonia Johnson 8- Brenda Dalme

X 1252 X 1262 X 1280

Marshall High School

Mr. Matthew Gregory

903-927-8800 A-G Kim Peel H-Pa Henslie Fournier Pe-Z Melanie Hudson

Sr/FT- Suzan Harrison

X1242 x1041 x1145 x1179 *Only first

three counselors handle 504 meetings.

Marshall Early Graduation School

Dr. Tracie Robinson

Suzan Harrison X1179

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C. Section 504 Referral

Initial Intervention

a. Students having trouble in school are typically referred to the Response to Intervention (RtI) campus team. The RtI team is comprised of administrators, educators, and/or support staff who collaboratively review and discuss student data and problem solve solutions to address student concerns. RTI intervention data should be uploaded into DMAC for easy access and to be able to review to see if it is working or not. The RtI team is the group that makes §504 eligibility decisions and prepares the student accommodation plan assuring a free appropriate education (FAPE) under §504.

b. Prior to a referral for a §504 evaluation, the RtI team attempts to address student problems through documented school-based interventions over a specific time period. If intervention strategies are successful, there is no need for the RtI team to proceed with a §504 referral. If interventions are not successful and more serious difficulties are suspected, the RtI team can consider more interventions. After other interventions have been tried and deem unsuccessful, the RtI team will formally begin a §504 evaluation.

c. A student is also referred for a §504 evaluation when the RtI team believes the student may have a disability or there is documentation of a disability. If the RtI team believes that the student has a physical or mental disability that substantially limits one or more major life activities, AND the student is in need of general education with supplementary aides and services, a §504 evaluation is formally requested.

d. If a §504 evaluation is requested by a parent and analysis that a referral is not needed, or the RtI team chooses to first try school-based interventions, the RtI team must document in writing why the request did not lead to a §504 evaluation. The campus coordinator conferences with the parent and gives the parent a copy of the (Notice of Decision) with a rich explanation why the school chose to not evaluate as well as, (A Notice of Rights under §504) within 15 school days. Please see PWN information for more specific rules.

e. The Dyslexia-§504 Connection: i. When the RtI team refers a student for a Dyslexia assessment, the team

must document that despite appropriate instruction, the student exhibits the characteristics of Dyslexia. A referral for §504 evaluation accompanies the Dyslexia referral.

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Referral Process

1. A teacher, parent/guardian, administrator, counselor or other appropriate school personnel has an academic performance concern about a student and contacts the RtI team for appropriate ways to document this concern. (Section 504 Teacher Input and/or Dyslexia information if appropriate)

2. The RtI team reviews the information and: a. Analyzes the student’s educational history and other relevant data, b. Examines parent conferencing documentation, c. Determines if appropriate school-based interventions have been implemented, d. Evaluates progress-monitoring data to determine the impact of school-based

interventions. 3. If, after careful consideration, the RtI team agrees that there is insufficient data or progress

monitoring, the committee will either request more information or ask for the classroom teacher to continue interventions with the student. However, if the committee sees the student as having a “physical or mental impairment that substantially limits a major life activity” a referral for a §504 evaluation is appropriate. (Referral Information) Forward the referral, teacher information and RtI recommendations as well as any other documentation useful in determining eligibility or evaluating the needs of the referred student to the §504 campus coordinator.

4. The campus §504 coordinator will schedule a parent conference to discuss the RtI team’s decisions and explain the §504 evaluation process. The following forms will be completed/signed and a copy given to the parent: (Notice of Rights under §504, Receipt for Rights, Notice and Consent for Initial §504 Evaluation, and Parent Input).

Note: The evaluation process is discontinued if the parent refused to give consent for an evaluation. Place all documentation pertaining to the referral in a file and forward to the §504 District Coordinator. Place a notation concerning the §504 referral in the student’s cumulative folder.

5. When the parent gives consent for a §504 evaluation, the campus §504 coordinator will: a. Facilitate completion of the (Parent Input, Consent for Initial Evaluation, and Teacher

Input forms) from all teachers of the student. b. Gather additional data that the §504 committee may need to consider as part of the

evaluation process including results of early intervention activities, aptitude and achievement assessments, teacher recommendations, student’s historical and current physical and mental condition which includes any episodic conditions, parent input about behaviors at home, adaptive behavior, and mitigating factors.

c. Ensure that the District uses tests and evaluation materials that are valid, used by trained personnel, designed for the specific areas of educational need, and are selected and administered so that accurate results are achieved.

d. Ensure that the §504 committee has the appropriate membership e. Schedule the §504 Evaluation meeting, and

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f. Give the parent notice of the time and place of the evaluation meeting. (Notice of §504 Meeting)

D. The Section 504 Committee

The Section 504 committee is responsible for evaluation and placement of all students referred. The §504 committee shall be composed of at least two persons, including persons knowledgeable about the student, the meaning of the evaluation data, the placement options, and the legal requirements regarding least restrictive environment and comparable facilities for students with disabilities. Although parents are not required members of the §504 committee, it is the practice of Marshall ISD to invite the parents/guardians to participate in the §504 evaluation process.

E. Evaluation

“Evaluation” does not necessarily mean “test”. In the §504 context, evaluation can mean a gathering of information from a variety of sources. The §504 committee reviews all relevant information concerning the student in questions that will assist the committee in determining eligibility for §504 services. Look at data first, then decisions can be made. Keep in mind that parent consent for an initial evaluation is required prior to conducting an evaluation.

Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation. Common sources of evaluation data include: grades, disciplinary referrals, health information, language surveys, parent information, standardized test scores, teacher information. If the student has been evaluated in the past for special education and did not qualify or did and was later dismissed, special education assessment should be part of what is reviewed for §504 purposes.

The committee draws upon information from a variety of sources including early intervention activities and their results. If necessary, requests other formal and informal measures be conducted (at the district’s expense), and ensures all information reviewed is documented and carefully considered. All §504 decisions must be made consistent with the ADA Act of 2008, including appropriate consideration of mitigating measures, recognition of changes made to major life activities, the appropriate consideration of impairments that are episodic or in remission, and congressional declarations on the definition of substantial limitation.

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F. Eligibility Determination and Placement

The §504 Committee documents their responses using the (Section 504 Annual Review) forms in SuccessEd to the following questions to determine eligibility:

1. Does the student have a physical or mental impairment? Yes or No

If so, specify the impairment. Note: This is an educational determination based on documentation only, and not intended to be a medical diagnosis for purposes of treatment. Episodic impairments and impairments in remission should also be listed.

2. Does the physical or mental impairment affect one or more major life activities? Yes or No

If so, specify the major life activity.

3. Does the physical or mental impairment substantially limit a major life activity? That is, as a result of the impairment, is the student restricted as to the condition, manner or duration under which he or she can perform a particular major life activity as compared to the average student at the same age and grade level? Yes or No

4. Does the student need §504 services or an accommodation plan in order for

his or her educational needs to be met as adequately as those of non-disabled peers? Note: if the student’s needs are so extreme as to require special education and related services, a referral to special education should be considered.

If the first three questions are answered “yes”, the student is eligible for a free public education under §504. If any of the first three questions are a “no”, the student is not eligible. All students identified are entitled to procedural protections of the law. However, not all identified students will need a plan to be implemented on a daily or regular basis. In general, identified students will fall into three categories:

1. Identified, but not in need of a plan at this time. Mitigating measures address the impairment effectively. The Team will need to monitor this student and address any changes. This is also known as “technically eligible”.

2. Identified and a plan to go into effect only when inactive or episodic impairment becomes active. The plan will be contingent upon the impairment becoming active.

3. Identified and in need a daily, regular plan.

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If the student is deemed eligible and in need of an accommodation plan, the committee develops the (Section 504 Student Services Plan) to address the student’s individual needs.

A (Prior Written Notice) is created to inform the parent in writing of the committee’s decisions. If the parent is not present or able to participate by phone, a parent conference is scheduled to discuss the Services Plan.

At the conclusion of the evaluation meeting, the campus §504 coordinator:

a. Provides copies of all documents to the parents. b. Distributes copies of the student services plan to administrators and teachers

(DMAC). c. Secures documentation that the recipients did receive a copy (signatures uploaded

into SEM/DMAC. d. Makes a copy of the plan to be maintained at the campus level (optional since it is

now electronic), sends the original to the §504 Records Secretary at the LRC, and makes a notation in the student’s cumulative (CUM) folder using the MISD appropriate form. (see form example in forms not provided in SEM)

G. Implementation of the Services Plan

The §504 campus coordinator ensures that an eligible student’s service plan is delivered to appropriate administrators and teachers, and any other employee who has the responsibility to implement the plan. Monitoring of accommodation implementation is accomplished through walk-throughs, informal checks of grades (failure reports) and/or behavior, and student progress by the §504 coordinator. Folder reviews will be held each six weeks including a sit down with each counselor to review findings, areas of growth and areas of strength.

H. Mitigating Measures

Pursuant to the ADAAA, the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment, low vision devices, (not including ordinary glasses or contact lenses) prosthetics, hearing aids and cochlear implants, mobility devices, use of assistive technology, reasonable accommodations or adaptive neurological modifications. The ameliorative effects of the mitigating measures or ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. Accommodations plans, however, shall not be developed unless needed for the student to have his needs met as adequately as those of non-disabled students.

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Further, students with physical or mental impairments whose needs are addressed through early intervention, RtI, or health plans will not be excluded from consideration for possible Section 504 referral, even when current interventions, services or health plans successfully address their impairment-related needs.

I. Re-evaluation

The §504 Committee meets annually to ensure that student needs are met on an ongoing bases and as needed for changes to the student’s condition or need for services as well as before any significant change in placement occurs. Examples of a change in placement include expulsion, suspensions or placement to a DAEP, transfer to home-bound instruction, or a major change in the student’s classroom environment. Monitoring of §504 student progress is achieved through continuous review and monitoring of student grades, absences, discipline reports and referrals to the counselor or nurse.

At least every 3 years, the §504 Committee should meet to conduct a periodic re-evaluation of students on Section 504 Services Plans as well as those students who are eligible under Section 504 but are not in need of a Service Plan at this time.

The parent is given written notice of the time and place of the review or re-evaluation by using the form (Notice of Section 504 Meeting).

If the student remains eligible, the committee updates the annual paperwork and Services Plan. Parents are given a copy of the updated paperwork.

Should the committee find the student no longer meets §504 eligibility requirements, the student is dismissed from §504. The parent is given (Notice of Section 504 Evaluation Results) and a copy of (Notice of Rights for Disabled Students and their Parents). The student will be exited from SuccessEd and Skyward will no longer reflect a “5” on the student’s profile.

J. Student Records

Original §504 student records, including any evaluation data, are maintained in a separate folder under the control of the District Section 504 Coordinator/Director of Special Programs at the LRC. Confidentiality of the records is maintained as required by the Family Educational Rights and Privacy Act (FERPA). A copy of the record is also kept in the counselor’s office at the student’s home campus. Counselors must forward the copy to the counselor at the receiving school when a student transfers to another campus within the district. If a student withdraws, these records should be forwarded to the LRC for safe keeping.

Since §504 records are kept separately from the student’s cumulative folder, a reference to the records and their location is placed in the CUM folder to ensure that the campus with responsibility for the student is aware of its obligations to the eligible student.

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K. Free Appropriate Public Education (FAPE)

Marshall ISD has the duty to provide a free appropriate public education to each qualified disabled person within the district’s boundaries regardless of the severity of the student’s disability. The education is provided at no cost to the parents; it is designed to provide education benefit despite the child’s disabilities; and, it is provided in an environment that affords the greatest exposure to non-disabled peers. The committee presumes that the general classroom is the appropriate placement unless it is demonstrated that the eligible student’s education in the general classroom with the use of supplementary aids and services cannot be achieved satisfactorily. This is known as the least restrictive environment (LRE).

L. Parent Rights to Refuse Consent & Revoke Consent for Section 504 Services

The district recognizes that parents have the right to refuse consent for Initial services as well as to revoke consent for continued services at any time. The campus coordinator asks that the parent complete the (Parent Consent for §504 Services) form. A copy will be kept at the campus level and the original will be sent to the §504 Records office at the LRC. If at any time, the parent wishes to begin or resume services, it can be done as long as the student remains eligible for services.

M. Non-academic Services and Extracurricular Activities

Marshall ISD affords disabled students equal opportunity in extracurricular activities and nonacademic services.

N. Discipline

Students who qualify under §504 may not be subjected to a disciplinary change in placement for more than 10 days per school year unless the §504 Committee first makes a determination that the behavior giving rise to the discipline was not a manifestation to the student’s disability. The Committee’s evaluation should determine if the conduct in question was directly and substantially related to the student’s disability and was this conduct a result of the school’s failure to implement the student’s 504 plan. If the answer is yes to either question, the student cannot be removed for longer than 10 consecutive school days.

More than 10 days removal: Should the student be recommended for a removal of more than 10 days or have a total of 10 removals over time, the §504 Committee must complete an evaluation through a formal §504 meeting. The counselor would use the (Notice of Section 504 Meeting), (Notice of Parent Rights), (Section 504 Manifestation Determination Evaluation) and (Notice of Section 504 Manifestation Determination Results) forms to document the meeting. The student should not begin any DAEP placement until

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a 504 meeting can be held. If the student is suspended for a cumulative amount of time of 9 days, the 504 committee should meet to discuss needed adjustments to the plan PRIOR to the tenth day of removal to ensure FAPE.

Student currently engaging in illegal drug use: A student eligible for §504 services who is currently engaged in use of drugs or in the use of alcohol may be removed from his or her educational placement for a drug or alcohol offense to the same extent that such disciplinary action is taken against non-disabled students. A §504 evaluation is not required prior to the removal of the student and a due process hearing is not available to the parent in this situation.

O. Interaction with Special Education

Each student referred and evaluated for special education who does not qualify and each student dismissed from special education is considered for possible §504 eligibility. Any time the §504 Committee determines that a disabled student needs special education or related aids and services or order to benefit from his/her education, a special education referral is initiated.

P. Interaction with the Texas Dyslexia Program

An evaluation for Dyslexia and §504 go hand-in-hand. When a student is referred for an individual Dyslexia assessment the (Notice of Parent Rights) is given to the parents and a §504 referral and evaluation follow. The committee of knowledgeable persons described in the Dyslexia Handbook determines whether the student has Dyslexia. If the student is found to qualify for Dyslexia services, this committee also determines whether the student has a disability under §504. A student is considered to have a disability under §504 if the condition substantially limits the student’s learning. A student with additional factors that complicate his/her Dyslexia may require additional support through special education.

Q. Transfer Students with Active §504 Plans

A (Transfer/Initial Student Information Sheet) should be sent to the campus counselor/§504 coordinator as notification of a transfer student. See Process Map for more information.

Transferring eligibility does not mean that the actual accommodations are implemented as they were in the previous district. The §504 Committee reviews the student’s plan and considers the intent of the listed accommodations. Any amendment to the plan would be documented on the (Transfer/Initial Student Information Sheet).

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R. Procedural Protections

If parents disagree with the District’s identification, evaluation, provision of services or change or termination of services under §504, they have a right to request a 504 hearing. The (Notice of Parent Rights), direct the parent to contact the District §504 Coordinator if they wish to request a hearing under the provision of §504. The District §504 Coordinator will attempt to resolve the parent complaint or grievance in an informal manner. If resolution is not reached the District §504 Coordinator will advise the parent of procedures for requesting a hearing.

S. Language other than English

If the dominant language of a parent is Spanish, the district will ensure effective notice in Spanish and translation services necessary to provide the parent an opportunity for effective participation in the 504 process. If the parent speaks a language other than Spanish, the school will make a good faith effort to accomplish notice and provide an opportunity for parent participation.

T. Duty Not to Discriminate or Retaliate

The District shall ensure that no qualified disabled person shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district program or activity. No District officer, employee or contractor shall retaliate against any person because of his or her exercise of rights under §504.

U. Disability-based Harassment

The District will promptly investigate all claims of disability-based harassment and take reasonable action to stop future recurrences. If the district finds evidence of disability-based harassment and believes that the harassment has adversely affected the student’s access to a free appropriate public education, a §504 Committee Meeting will be held to consider the impact of the harassment and determine whether changes in the student’s accommodations are required.

V. Review Procedure

Should the parent disagree with the identification, evaluation, or placement decisions of a §504 Committee, or the decision of a §504 hearing officer, the parent may appeal to state or federal court, or seek relief in accordance with the school’s grievance procedure

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Section 504 Due Process Hearing Procedures

Right to Due Process- In the event a parent or guardian wishes to contest an action or omission on the part of the district with regard to identification, evaluation, or placement of a disabled child under §504, the parent has a right to an impartial hearing before an impartial hearing officer.

The parent must exercise the right to an impartial hearing by providing the written request for hearing within the state-law timeline for a special education due process hearing under the IDEA. In Texas, this must be made in writing within one year of the District’s action or omission.

Parent Participation & Representation- A parent has the right to participate, speak, and present information at the due process hearing, and to be represented by legal counsel or any other type of advocate or representative of their choice at their expense. If a parent is to be represented by a licensed attorney at the hearing, he or she must inform the District’s §504 Coordinator and the appointed hearing officer of that fact in writing at last seven calendar days prior to the hearing date.

Initiation of Due Process Procedures- A parent who wishes to challenge a District’s action or omission with regard to the identification, evaluation, or placement of a disabled child must submit a written Request for a Due Process hearing to the District’s §504 Coordinator. Such a written request must make clear that the parent is seeking a due process hearing before an impartial Hearing Officer.

Appointment of a Hearing Officer- Within fifteen days of the date of receipt of a clear Request for a Due Process Hearing, the District will appoint an impartial Hearing Officer to preside over the hearing and issue a decision. The Hearing Officer will be hired by the District as an independent contractor at no expense to the parent. The Hearing Officer cannot be an employee of the District, and shall not be related to any member if the District’s Board of Trustees.

Scheduling of Hearing- The appointed Hearing Officer shall issue an Oder Setting Hearing Date to the parent and the District’s §504 Coordinator in writing at his or her earliest opportunity. Such Order shall set a date for a hearing to be held within fifteen days of the date of issuance of the Hearing Officer’s Order. The Order shall also set forth a mutually agreeable time and place for the hearing.

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Section 504 Campus Committee Procedures

1. Each campus will have a Section 504 Committee consisting of at least two members of the faculty, including person knowledgeable about the student, the meaning of the evaluation data, the placement options and the legal requirements regarding least restrictive environment and comparable facilities for students with disabilities. (see page 22 for more information)

2. The Section 504 Campus Committee will attempt to identify and notify any eligible students under Section 504 of the Rehabilitation Act of 1973. An eligible student under Section 504 is a student who has, has a record of having, or is regarded as having a physical or mental impairment which substantially limits a major life activity such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks.

3. When a student is referred to the Section 504 Campus Committee the following steps will be taken:

The 504 Coordinator will obtain consent from parents/guardians before any evaluation is conducted. Parents/guardians will receive written notification 5 days prior)that the Section 504 Campus Committee will provide an initial evaluation and will also receive Notice of Parent Rights under Section 504.

The Committee will initiate the referral and gather data to be considered by the committee. The student’s teachers shall accumulate all pertinent campus data. The Committee will meet to determine eligibility.

If a determination is made that the identified student qualifies under Section 504, the Campus Committee will complete a Student Services Plan, determine the appropriate accommodations and complete a behavior management plan if necessary. Parents/guardians will receive a copy of the paperwork. All teachers of the identified student will receive a copy of the 504 Service Plan for the student each year that the student remains eligible.

The meeting with electronic signatures will be locked and uploaded into DMAC and a new verification sheet will be obtained and documented in DMAC as well.

The Section 504 will annually monitor the progress of the identified student. A snapshot form will be completed in order to determine if an annual is needed.

The Section 504 Campus Coordinator will complete a Section 504 re-evaluation on each identified student every three years or sooner upon the occurrence of the following: parent request, significant changes in student functioning or behavior, need for consideration of change of the student’s Accommodation Plan.

The Section 504 Campus committee will maintain a record of all students who have Section 504 Accommodation Plans and collaborate with the 504 Secretary to maintain accurate records.

If a determination is made that the identified student no longer qualifies under Section 504, all gathered date will be forwarded to the LRC/504 office.

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Dyslexia /Dysgraphia Testing Request Procedure Map

Dyslexia is a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional

instruction, adequate intelligence, and sociocultural opportunity. Related disorders include disorders similar to or related to

dyslexia such as developmental auditory imperceptions, dysphasia, specific developmental dyslexia, developmental dysgraphia

and developmental spelling disability.

Dysgraphia is a neurological disorder that affects written language in serial production of strokes to form a handwritten letter.

This involves not only motor skills, but also language skills—finding, retrieving and producing letters, which is a sub word-level

language skill.

Parent Request Campus Request IEP Committee Request Write date of receipt, sign

and forward to district 504 coordinator. (A Notice of

Decision (PWN) must be written in collaboration with the district 504 coordinator and mailed to the parent within 15 school days.)

The counselor completes the dyslexia testing packet and calls together the RTIC within 10 school days. The dyslexia teacher needs to be a team member.

If the decision is NO, notify the district 504 coordinator to create the PWN*

If the decision is YES, an Initial/Transfer cover letter (pg. 29) is completed and emailed to the district 504 coordinator to create the PWN.

The counselor will meet with the parent with the appropriate SEM paperwork to obtain consent. (See 504 manual operational guidelines.)

Both Consent and Packet are forwarded to the district 504 coordinator for charting and assigning to the dyslexia teacher.

Once testing is complete (45 school days), the dyslexia teacher will notify the campus counselor and district 504 coordinator to schedule a 504 meeting.

If student is already in 504 program, complete the dyslexia testing packet prior to a 504 meeting to request testing based on sound data, and obtain consent during a 504 meeting in SEM. Always invite the dyslexia teacher to the meeting.

If the student is NOT in 504, and the decision is to test (once you have met with the RTIC including the dyslexia teacher), complete an Initial/Transfer cover letter (pg. 29) and email to the district 504 coordinator. The counselor will have a meeting with the parent to obtain consent for testing.

Both consent and packet are forward to the district 504 coordinator for charting and assigning to the dyslexia teacher.

Once testing is complete (45 school days), the dyslexia teacher will notify the campus counselor and district 504 coordinator to schedule a 504 meeting.

If the student does not qualify for dyslexia, the student should be referred for RTI.

Ask/answer questions regarding the definitions of dyslexia/dysgraphia with the IEP meeting.

If the IEPC wishes to proceed, complete REED and obtain consent.

Forward REED/consent and request for further assessments (NoNE) to district 504 coordinator within 5 business days of the consent. The REED MUST include a statement to include dyslexia or dysgraphia testing.

District 504 coordinator will coordinate with the counselor to get dyslexia packet.

Once testing is complete (45 school days), the dyslexia teacher will notify the ARDF to schedule the IEP meeting.

The dyslexia teacher needs to be invited to all IEP meetings (per availability).

*What happens if a parent disagrees with the decision of the RTIC to not test? If the parent appeals the decision, the district will

more than likely test.

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§504 Student Transfers into Marshall ISD (In or Out of State)

FYI: Students having a current 504 meeting who transfer into the district from another district or state have access to

accommodations specified in that plan until the new district amends the plan. An annual meeting will be held within

30 school days of date student is verified to be served in §504

Parent indicates at enrollment that student received §504 services in previous district.

The PEIMS Clerk notifies

Special Education Clerk.

Special Education Clerk requests records from TREx, notifies §504 Records Secretary and

Special Programs Coordinator.

Special Programs/§504 Coordinator contacts previous District to confirm services; Completes

Student Information Sheet; Forwards information to §504 Records Secretary and

Campus Counselor.

§504 Records Secretary creates permanent folder (yellow) and enters student into ACCESS

log, SuccessEd and Skyward.

A)Paperwork is Current: Campus Counselor contacts parents to provide assurance of

accommodations and rights; Copy of Student Information Sheet is filed in

student's CUM folder.

B)Paperwork is out of date: Everything above plus Counselor will notify

appropriate campus personnel of needed assessment .

Amendment Not Required: Campus Counselor schedules and holds annual

§504 meeting within 30 school days using forms in SuccessEd and forwards this

information with original signatures to §504 Records Secretary.

Amendment Required: Use Section Two of Student Information Sheet to include

amendments and signatures. Counselor schedules and holds annual §504 meeting within 30 school days using SuccessEd and

forwards this information with original

signatures to §504 Records Secretary.

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Section 504 **Transfer/Initial Student Information

Section One:

Student Name Grade Current Campus Date of Current Meeting

Previous District (transfer only) DOB Person Spoke to in Previous LEA:

Date of Current Assessment

Eligibility Impairment for 504 ID# Information Completed by: Verification Date

Interpreter Required? Y N If so, what language?___________________________

Dyslexia Services? Y N Behavior Intervention Plan? Y N

Notes: _____________________________________________________________________

___________________________________________________________________________

Section Two: (Amendments Only)

The following amendments to the current 504 Accommodation Plan have been agreed to and will

be followed beginning on __________________________ and will continue until the 30 school

day annual §504 meeting:

____________________________________________________________________________

____________________________________________________________________________

Position Printed Name Signature

Parent

Campus 504 Coordinator

Administrator

Teacher

____________________________________________________________________________

**Transfer 504 Meeting Information: Students having a current 504 meeting who transfer into the district from another district or state have access to

accommodations specified in that plan until the district conducts a new 504 meeting. This “intake” meeting should occur with the parents and be held

within 30 school days of the student’s verification of services.

Office Use Only:

Entered into SuccessEd___________

Entered into Skyward_____________

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Sequence of Section 504 Process for Initial Meetings Only

RtI Committee has recommended a §504 Evaluation. What now?

1. Schedule a conference with the parent to go over the process and complete the following

a. Home Language Survey (from CUM folder)

b. Parent Input

c. Rights

d. Receipt for Rights

e. Notice and Consent for Initial 504 Evaluation

f. Consent for Disclosure of Confidential Records (only if the parent has outside information to

share with the committee as part of the evaluation)

Prior to the Section 504 meeting:

1. Send out the Teacher Input forms to the student’s teachers.

2. Complete the Contact Log in SuccessEd to document parent contacts.

3. Send out the Notice of Section 504 Meeting to parents.

4. E-mail committee members of date/time of 504 meeting.

5. Gather Parent Input, all RtI information, and any other data pertinent to the meeting.

At the Section 504 Meeting:

The forms listed below will be completed in SuccessEd at the meeting. Be sure that you print a hard copy of the

signature pages so that you can obtain signatures immediately after the meeting. It is okay to draft the forms prior

to the meeting. Changes can be made and decisions can be finalized at the meeting.

-Section 504 Evaluation (choose the initial button)

-§504 Annual Review (Check the Initial button)

-Student Services Plan (as necessary)

-Parent Consent for §504 Services

If necessary:

-Behavior Intervention Plan

-Transportation Information (must be pre-approved from District §504 Coordinator)

After the Meeting:

Complete the Notice of §504 Evaluation Results, double check all forms for accuracy, and lock the forms together. Print the

entire set of documents, feed in the signature pages, and send this copy with original signatures to the 504 Records Secretary at

the LRC. Even if a student does not qualify for Section 504 services, you must go through all of these steps. Please indicate if

you would like for us to mail a copy to the parent.

A copy of the Service Plan and any Behavior Intervention Plan will need to be sent out to the student’s teachers, principal, and

assistant principal. Be sure to have everyone sign a receipt that they have been given a copy and keep this information in the

folder for your records.

If the student is in need of transportation (must be pre-approved by District Section 504 Coordinator), the Transportation

Information form must be signed by the parent and must be faxed to Transportation Director. Please allow up to 3 school days

before transportation can be scheduled.

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Sequence of Section 504 Process for Annual, Manifestation or Re-evaluation Meetings

Prior to the Section 504 Meeting:

1. Send out Notice of §504 Meeting to Parent and e-mail participants at school.

2. Contact Log- fill out to document parent communications.

3. Teacher Input- send out to all student’s teachers.

4. Check for additional information from school personnel and parents.

At Meeting:

Complete the forms listed below. Obtain electronic signatures. Draft all documents prior to the meeting so that it will be easier

to finalize decisions in the meeting.

-§504 Annual Review (check annual review button)

-Student Service Plan (if eligible)

If necessary:

-BIP (if appropriate)

-Transportation Information (must be pre-approved by the District §504 Coordinator)

After the Meeting:

Complete the Notice of Section 504 Results, double check all forms for accuracy, and lock the forms together. Print the entire

set of documents, feed in the signature pages, and send this copy with original signatures to the §504 Records Secretary at the

LRC. Please indicate if you would like for us to mail a copy to the parent.

A copy of the Service Plan and any Behavior Intervention Plan will need to be sent out to the student’s teachers, principal, and

assistant principal. Be sure to have everyone sign a receipt that they have been given a copy and keep this information in the

folder for your records.

If the student is in need of transportation, (must be pre-approved by the District §504 Coordinator) the Transportation

Information form must be signed by the parent and must be faxed to Transportation Director. Please allow up to 3 school days

before transportation can be scheduled.

Manifestation Determination Meeting

Recommendation for DAEP Placement or is 10 days out of placement- Manifestation Determination Evaluation must be held

within a §504 meeting. If a student is being sent for behavior and does not already have a Behavior Intervention Plan, one

should be developed at this meeting. The student’s Service Plan must be reviewed. If changes need to be made to the Service

Plan, it is okay to do so in this meeting. A Section 504 Evaluation (check Manifestation Determination button) and Notice of

Section 504 Manifestation Determination Results will be sent home with the paperwork in this instance.

Three Year Re-Evaluation

Every three years, a student must have a re-evaluation. The Section 504 Evaluation form (choose re-evaluation button) and

Section 504 Annual Review (choose periodic Re-evaluation button) will be used for this scenario. A Notice of Section 504

Evaluation Results will also be sent home with a re-evaluation.

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SuccessEd/SEM Forms for §504 Meetings

40

Contact Log

52

**Before discussing Transportation for a student, this must be pre-approved by speaking with the District

504 Coordinator.

Transportation

53

****NEW: Section 504 Snapshot

54

Section 504

Forms NOT in

SuccessEd

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CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION

This consent for disclosure of confidential information is for disclosure of your child’s record(s)/confidential information between Marshall ISD and a third party, as follows:

Name of Third Party or Class of Parties:

Address:

Telephone Number:

FAX Number:

Specify the record(s)/confidential information to be disclosed (if any) by the LEA to the third party:

Specify the record(s)/confidential information to be disclosed (if any) by the third party to the LEA:

State the purpose of the disclosure (if any) by the LEA:

State the purpose of the disclosure (if any) by the third party:

I have been fully informed of the record(s) to be disclosed, the purpose of the disclosure, who will disclose the record(s), and who will receive the record(s).

Yes No

I give my consent for the disclosure of confidential information.

Yes No

I understand that my consent for the disclosure of confidential information is voluntary and may be revoked at any time. However, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). Yes No

The information provided to me has been provided in my native language or other mode of communication. If other than English, specify: ______________________.

Yes No

Parent Signature Date

__________________________________________________ Signature of Interpreter (if needed)

Student_________________________________________ Campus_____________________________

Parent________________________________________ Grade________ DOB____________________

Parent_____________________________________ Grade________ DOB______________

Marshall Independent School District Phone: 903-927-8707 FAX: 903-472-4922

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Marshall Independent School District

PO Box 43 Drive, Marshall, TX 75670

PRIOR WRITTEN NOTICE

Name of Student____________________________ Date Prepared_______________________

Campus________________________________________ Method of Delivery__________________

Proposed or refused actions to begin on ________________________________________.

Description of Action(s) proposed or refused: Reason(s) why action(s) proposed or refused:

Other options considered by the RtI/504 Committee:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Sources to contact to aid in understanding this notice:

Campus Counselor/504 Coordinator________________________________________________________

District 504 Coordinator: Sharone Woolen, Director of Special Programs 903-927-8707

______________________________________________ ________________________________

Parent Signature Date

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MISD Special Programs Failure Staffing Form(Sped and Section 504)

Updated 12/9/2020

Student Name_______________________________________________ Date___________________________

Grade____________ Case Manager/Counselor_________________________________________________

List of Failed Courses:

Course Teacher Grade

Parent Contact Information:

Date Method of

Contact

Person Contacted Summary of Contact

Proposed reasons for failures: (please check all that apply)

_____excessive absences or tardies/dates______________________________________________________

_________________________________________________________________________________________________

_____non-completion of assignments (attach report)

_____low test grades

_____student apathy

_____need for further accommodations

_____other, please specify ______________________________________________________________

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What student characteristics or curriculum issues might be related to the concerns?

____________________________________________________________________________________________________

Plan of Action:

Intervention Person Responsible Date of Review

Signatures of Attendees:

Name Position

**Upon completion of this form, scan and upload into DMAC as documentation of completion. For students in special education:

after the student fails 2 consecutive six weeks in a row, contact the ARD Facilitator to schedule an ARD.

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This form is to serve as a record that the student below NO LONGER QUALIFIES for Section 504 services and has been dismissed through a

formal Section 504 meeting as of date below.*

Student Name_____________________________________

Campus__________________________________________

Date____________________________________________

Counselor Signature___________________________________

*Please complete and place 1 copy in the student’s CUM folder and send 1 copy to the 504 Secretary.

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Marshall ISD Section 504 Complaint Form

Date: _________________________________ School: ________________________

Complaintee Name: ____________________ Phone: _________________ _______

Address: _________________________________________________________

Person discriminated against/relationship to you _______________________________

Please describe your concerns and why you believe they raise an issue under §504. Include a description of what happened, when and where it happened, and who was

involved. (Feel free to attach additional pages if necessary.)

Explain the steps you have already taken to resolve the issue, if any?

Describe what resolution to your concerns you would like to see.

Please attach any documents or other information you think will help with the

investigation of your complaint.

Signature of Person Initiating Complaint Date

Revised 04/20

63

§504 Paperwork Checklist Update 12.9.2020

Student Name_____________________________________

Attach this checklist to the front of each set of Section 504 documents. Initial below to confirm that you

have locked and printed all correct documents prior to sending a hard copy home. If you prefer we mail it

home for you, send the parent copy along with this cover sheet to the LRC.

The highlighted forms should be prepared locked and printed for all annual §504 meetings.

Locked Printed Form Name Notes Accelerated Plan/Intensive Program of Instruction(MISD

uses RTI Documentation)

Accommodations for Extracurricular Athletics (as needed)

NEW Requirement: Annual Notice for TX Section 504 Students with Learning Difficulties

Behavior Intervention Plan (as needed)

Contact Log

Home Language survey (MISD uses one from CUM folder)

Notice & Consent for Initial §504 Evaluation (initial only)

Notice of Denial of Parent Request for Section 504 Evaluation (MISD uses a PWN form and sends rights)

Notice of Release/Consent to Request Confidential Information (as needed)

Notice of Rights and Procedural Safeguards Under Section 504 (required for initial, every 3 years or when we propose new assessment)

Notice of §504 Evaluation Results (initial and every 3 years)

Notice of §504 Manifestation Determination Evaluation Results (used in discipline meeting or when 10 FAPE days are used)

Notice of §504 Meeting

Parent consent for §504 Service

Parent Input

Referral Information (initial only)

Section 504 Evaluation(new combined form for all evaluations)

§504 Student Services Plan (as necessary: most students will have a services plan)

Teacher Input- minimum of 2 are required DMAC info should be added to evaluation form

TX General Education Homebound Supplement (for students going on homebound: requires prior approval)

Transportation Information (for students needing special transportation; this would need prior approval)

A copy has been mailed home to the parent. Yes No

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§504 Paperwork Checklist- 3 Year Review Updated 12.9.2020

Student Name_____________________________________


have locked and printed all correct documents prior to sending a hard copy home. If you prefer we mail it

for you, please send this cover sheet along with the parent copy to the LRC.

The highlighted forms should be prepared locked and printed for all 3 year review §504 meetings.

Locked Printed Form Name Notes

Accelerated Plan/Intensive Program of Instruction(MISD uses RTI Documentation)




Contact Log

Home Language survey (MISD uses one from CUM folder)

Notice & Consent for Initial §504 Evaluation (initial only)

Notice of Release/Consent to Request Confidential Information (as needed)





Parent Input


Section 504 Evaluation


DMAC info should be added to evaluation form

Teacher Input- minimum of 2 are required




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§504 Paperwork Checklist-Special Circumstances (MDR) Updated 12.9.2020

Student Name_____________________________________


have locked and printed all correct documents prior to sending a hard copy home. If you prefer we mail

this home, send the parent copy with this cover sheet to the LRC.

The highlighted forms should be prepared locked and printed for all §504 MDR.

Locked Printed Form Name Notes

Accelerated Plan/Intensive Program of Instruction(MISD uses RTI Documentation)




Contact Log (shows any phone calls made)

Home Language survey (initial only)

Notice & Consent for Initial 504 Evaluation (initial only)

Notice of Release/Consent to Request Confidential Information (to release doctor information)





Parent Input


Section 504 Evaluation


Teacher Input- minimum of 2 are required




68

Notice of Rights for Disabled Students and their Parents

Under §504 of the Rehabilitation Act of 1973

The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” is a federal law passed by the

United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate

in, or receive benefits from, programs receiving federal financial assistance. In the public schools specifically, §504

applies to ensure that eligible disabled students are provided with educational benefits and opportunities equal to those

provided to non-disabled students.

Under §504, a student is considered “disabled” if he or she suffers from a physical or mental impairment that

substantially limits one or more of their major life activities, such as learning, walking, seeing, hearing, breathing,

working, and performing manual tasks. Section 504 also applies to students with a record of having a substantially-

limiting impairment, or who are regarded as being disabled even if they are truly not disabled. Students can be

considered disabled, and can receive services under §504, even if they do not qualify for, or receive, special education

services.

The purpose of this Notice is to inform parents and students of the rights granted them under §504. The federal

regulations that implement §504 are found at Title 34, Part 104 of the Code of Federal Regulations (CFR) and entitle

parents of eligible students, and the students themselves, to the following rights:

1. You have a right to be informed about your rights under §504. [34 XFR 104.32] The School District must provide

you with written notice of your rights under §504 (this document represents written notice of rights as required under

§504). If you need further explanation or clarification of any of the rights described in this Notice, contact appropriate

staff persons at the District’s §504 Office and they will assist you in understanding your rights.

2. Under §504, your child has the right to an appropriate education designed to meet his or her educational needs as

adequately as the needs of non-disabled students are met. [34 CFR 104.33].

3. Your child has the right to free educational services, with the exception of certain costs normally also paid by the

parents of non-disabled students. Insurance companies and other similar third parties are not relieved of any existing

obligation to provide or pay for services to a student that becomes eligible for services under §504. [34 CFR 104.33].

4. To the maximum extent appropriate, your child has the right to be educated with children who are not disabled.

Your child will be placed and educated in regular classes, unless the District demonstrates that his or her educational

needs cannot be adequately met in the regular classroom, even with the use of supplementary aids and services. [34

CFR 104.34].

5. Your child has the right to services, facilities, and activities comparable to those provided to non-disabled students.

[34 CFR 104.34].

6. The School District must undertake an evaluation of your child prior to determining his or her appropriate

educational placement or program of services under §504, and also before every subsequent significant change in

placement. [34 CFR 104.35].

7. If formal assessment instruments are used as part of an evaluation, procedures used to administer assessments and

other instruments must comply with the requirements of §504 regarding test validity, proper method of administration,

and appropriate test selection. [34 CFR104.35]. The District will appropriately consider information from a variety of

sources in making its determinations, including, for example: aptitude and achievement tests, teacher

recommendations, reports of physical condition, social and cultural background, adaptive behavior, health records,

report cards, progress notes, parent observations, and scores on TAKS tests, and mitigating measures, among others.

[34 CFR 104.35].

8. Placement decisions regarding your child must be made by a group of persons (a §504 committee) knowledgeable

about your child, the meaning of the evaluation data, possible placement options, and the requirement that to the

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maximum extent appropriate, disabled children should be educated with non-disabled children. [34 CFR 104.35].

9. If your child is eligible for services under §504, he or she has a right to periodic evaluations to determine if there

has been a change in educational need. Generally, an evaluation will take place at least every three years. [34 CFR

104.35].

10. You have the right to be notified by the District prior to any action regarding the identification, evaluation, or

placement of your child. [34 CFR 104.36]

11. You have the right to examine relevant documents and records regarding your child (generally documents relating

to identification, evaluation, and placement of your child under §504). [34 CFR 104.36].

12. You have the right to an impartial due process hearing if you wish to contest any action of the District with regard

to your child’s identification, evaluation, or placement under §504. [34 CFR 104.36]. You have the right to participate

personally at the hearing, and to be represented by an attorney, if you wish to hire one.

13. If you wish to contest an action taken by the §504 Committee by means of an impartial due process hearing, you

must submit a Notice of Appeal or a Request for Hearing to the District's §504 Coordinator at the address below:

A date will be set for the hearing and an impartial hearing officer will be appointed. You will then be notified in

writing of the hearing date, time, and place.

§504 District Coordinator , Sharone Woolen

Marshall ISD

PO Box 43

Marshall, Texas 75670

903-927-8707

14. If you disagree with the decision of the hearing officer, you have a right to seek a review of that decision before a

court of competent jurisdiction (normally, your closest federal district court).

15. With respect to other issues surrounding your child's education that do not specifically involve identification,

evaluation, or placement, you have a right to present a grievance or complaint to the District’s §504 Coordinator (or

their designee), who will then investigate the situation, taking into account the nature of the complaint and all

necessary factors, in an effort to arrive at a fair and speedy resolution.

16. You also have a right to file a complaint with the Office for Civil Rights (OCR) of the Department of Education.

The address of the OCR Regional Office that covers this school district is:

Director

Office for Civil Rights, Region VI

1999 Bryan Street, Suite 1620

Dallas, Texas 75201-6810

Tel. (214) 661-9600

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Aviso a Padres de Estudiantes Incapacitados de sus Derechos Legales

bajo la Sección 504 del Decreto de Rehabilitación de 1973

El Decreto de Rehabilitación de 1973, conocido generalmente como la “Sección 504,” es una ley federal legislada por

el Congreso de los Estados Unidos. El propósito de esta ley es de prohibir discriminación contra estudiantes

incapacitados y asegurar que tengan oportunidades y beneficios educativos tan adequados como los de estudiantes sin

incapacidades.

Bajo la Sección 504, un estudiante es considerado incapacitado si padece de un impedimento o condición física o

mental que limita substanciálmente una de sus actividades vitales, como la de aprender, caminar, ver, oir, hablar,

respirar, trabajar y desempeñar tareas manuales. La ley tambien protege a estudiantes que han tenido un impedimento

o condición física o mental substancial en el pasado, o que son considerados incapacitados aunque realmente no lo

son. Estudiantes pueden ser considerados incapacitados bajo la Sección 504 y pueden recibir asistencia educativa bajo

esa ley aunque no reciban educación especial.

El propósito de este Aviso es de explicarle los derechos legales garantizados bajo la Sección 504 a estudiantes

incapacitados y a sus padres. Los reglamentos federales que dan efecto a la Sección 504 (los cuales se encuentran en

el Título 34, Parte 104 del Código Federal de Reglamentos, o CFR) otorgan a los padres de familia y a estudiantes

incapacitados los siguientes derechos:

1. Usted tiene derecho a ser informado de sus derechos bajo la Sección 504. [34 CFR 104.32]. El distrito escolar debe

darle información escrita sobre sus derechos (este Aviso precísamente sirve para informarle de sus derechos). Si

necesita que le expliquen o clarifiquen cualquier de los siguientes derechos, los dirigentes apropiados del distrito

escolar le ayudarán a resolver sus preguntas.

2. Bajo la Sección 504, su hijo/a tiene derecho a una educación apropriada diseñada para satisfacer sus necesidades

educativas individuales tan adecuádamente como las de estudiantes sin incapacidades. [34 CFR 104.33].

3. Su hijo/a tiene derecho a servicios educativos gratuitos, con la excepción de gastos que normalmente se les cobran

tambien a estudiantes sin incapacidades (o a sus padres). Compañías de seguros, y otras terceras personas similares,

no son libres de sus obligaciones normales para proporcionar o pagar por servicios para un estudiante considerado

incapacitado bajo la Sección 504. [34 CFR 104.33]. El recibir asistencia educativa bajo la Sección 504 no disminuye

su derecho a recibir otra asistencia pública o privada de cualquier tipo.

4. Su hijo/a tiene derecho a ser colocado en el ambiente educativo que permita máximo contacto y relaciones con

estudiantes sin incapacidades. [34 CFR 104.34]. A menos que sus necesidades educativas no puedan ser satisfechas

ahí, su hijo/a será colocado en clases regulares.

5. Su hijo/a tiene derecho a equipo, clases, edificios, servicios y actividades comparables a las que son proporcionadas

a estudiantes sin incapacidades. [34 CFR 104.34].

6. Su hijo/a tiene derecho a una evaluación antes de determinar una colocación educativa o programa de asistencia

bajo la Sección 504, y tambien antes de cualquier cambio importante en colocación subsequente. [34 CFR 104.35].

7. Procedimientos utilizados para administrar pruebas y otras evaluaciones educativas deben cumplir con los requisitos

de la Sección 504 en cuanto a la validez de las pruebas, su forma de administración, y las areas necesarias de

evaluación. [34 CFR 104.35]. El distrito considerará información de diversas fuentes y orígenes, incluyendo, por

ejemplo: pruebas de aptitudes y aprovechamiento, recomendaciones de maestros, reportes de condición física,

antecedentes sociales y culturales, análysis de comportamiento adaptado, reportes médicos, calificaciones, reportes de

progreso, observaciones de los padres, anécdotas de maestros, y calificaciones en los exámenes estatales, entre otras.

[34 CFR 104.35].

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8. Las decisiones de colocación educativa deben realizarse por un grupo de personas (llamado el comité 504) que

conocen la situación de su hijo/a, el significado de los resultados de las evaluaciones, las opciones de colocación, y la

obligación legal de asegurar el ambiente educativo que permita el máximo contacto con estudiantes no incapacitados.

[34 CFR 104.35].

9. Si es considerado incapacitado bajo la Sección 504, su hijo/a tendrá derecho a que se le den nuevas pruebas y

evaluaciones a ciertos tiempos, para determinar si sus necesidades educativas han cambiado. Generalmente

evaluaciones educativas se pondrán al corriente para cada niño incapacitado por lo menos cada tres años. [34 CFR

104.35.]

10. Usted tiene derecho a que el distrito escolar le avise antes de tomar cualquier acción en relación a la identificación,

evaluación o colocación educativa de su hijo/a. [34 CFR 104.36].

11. Usted tiene derecho a examinar archivos y documentos relacionados a la educación de su hijo/a (normalmente

archivos y documentos con relación a la identificación, evaluación o colocación educativa de su hijo/a). [34 CFR

104.36].

12. Usted tiene derecho a una audiencia imparcial si no esta de acuerdo con las acciones del distrito en relación a la

identificación, evaluación, o colocación educativa de su hijo/a. Usted tiene la oportunidad de participar personalmente

en tal audiencia y de ser representada por un abogado, si desea contratarlo. [34 CFR 104.36].

13. Si desea protestar o disputar las acciones del Comité 504 del distrito a traves de una audiencia imparcial, debe

presentar un Aviso de Apelación escrito ante el Coordinador 504 del distrito, en la siguiente dirección:

§504 District Coordinator, Sharone Woolen

Marshall ISD

PO Box 43

Marshall, Texas 75670

903-927-8707

Se fijará una fecha para una audiencia ante un oficial imparcial, y serán notificados por escrito de la fecha, hora, y

lugar de la audiencia.

14. Si usted está en desacuerdo con la decisión final del oficial imparcial de audiencia, tiene derecho a apelar esa

decisión a una corte de jurisdicción adequada; normalmente, la corte federal local. [34 CFR 104.36].

15. En cuanto a otros aspectos de la Sección 504 que no tengan que ver con la identificación, evaluación y colocación

educativa de su hijo/a, usted tiene el derecho a presentar una queja local ante el Coordinador 504 del distrito (o su

representante), quien investigará la situación, teniendo en consideración la situación, en un esfuerzo de llegar a una

resolución rápida y justa.

16. Usted también tiene el derecho a presentar una queja ante la Oficina de Derechos Civiles de el Departamento de

Educación de los Estados Unidos. La dirección de la Oficina Regional a la cual pertenece a este distrito es:

Director, Office for Civil Rights,

Region VI, 1999 Bryan Street, Suite 2600

Dallas, Texas 75201, Tel. (214) 880-2459

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End of the Year Procedures for Section 504 Campus Coordinators

This written summary is to provide guidance on the items necessary to close out all

documentation in SuccessEd for all students who receive Section 504 services at your campus.

All Section 504 Campus Coordinators or designee will be expected to complete the

documentation required prior to the due date and attend a meeting with Kim Kalina and

Diane Rousseau at the LRC to complete the necessary paperwork for a smooth transition

into next school year.

Fly Ups or Transfers- If you have any students moving up or on to another campus next year,

please complete the attached form and bring those student folders to turn in so that they can

be transported to the next campus prior to the first week of school by our office.

To Do List: (Please initial that these items have been accomplished.)

o _____ Using a student directory, verify your list of Section 504 Students and make

changes as necessary. Sign and Date the bottom of this list. This will be turned in. o _____ Verify that you have had an annual, snapshot, or re-eval meeting on every

student on your caseload at least annually. Every student, including seniors,

must have an annual Section 504 meeting.

o _____ Sign off on state testing accommodations- if they are not showing up on a

SuccessEd Report, then you must go back into SuccessEd and create a new

Service Plan that just addresses State Assessment “for the purpose of

documentation only”. We will then run a new report and double check that all

state testing accommodations are available on a report. (you can only do this if

you have already had a meeting this year)

o _____ Lock all DRAFT forms for your caseload. Verify with a report that you will

need to run before our meeting.

o _____ Gather folders for transfers and fly ups to bring to the LRC so that these

folders can be transferred to the correct campus.

o _____ Fill out the Fly Up/Transfer form and attach to all of the folders you are

bringing to the LRC.

o _____ Call to schedule an appointment with Kim Kalina at x1015. Meetings

should take no longer than 30 minutes to complete. You do not have to wait

until the due date to schedule a meeting. As soon as you have completed the

“TO DO” list, you may schedule a meeting.

Due Date: All annuals/re-evals/MDRs/Initials/Snapshots should be completed and locked prior

to Friday, May 24th for elementary counselors, and Monday, June 3rd for secondary

counselors.

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Fly Up/Transfer List

Please complete the form and attach to the folders you will bring to the LRC.

Student Name Current Campus Next Year’s Campus

or Reason to Turn in

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Appendix A

Glossary

Accommodation

A help, aid, support, adjustment, or any assistance or adaptation that an individual with a disability needs to participate in activities, programs, or services on a similar basis with others who do not have disabilities.

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Alternative Education Setting

A temporary educational placement where a child’s Individual Education Program can be implemented during suspension or other removal from the child’s usual educational setting.

Americans with Disabilities Act (ADA)

A comprehensive civil rights law that makes it unlawful to discriminate against a qualified individual with a disability.

Behavioral Intervention Plan (BIP)

A positive behavior intervention plan (also called a BIP) created by a school based team to modify a child’s behavior to enable the child to gain educational benefit.

Child Find The obligation of the State and Local Education Agency to” seek out and find” all children with disabilities in the jurisdiction.

Complaint

A signed, written statement filed with the school district by an individual explaining the facts about a situation where a school or other public agency is believed to have violated rights under Section 504, and asking for an investigation; OR, a signed statement explaining how the individual believes their rights under law have been violated.

Disability A physical or mental impairment that makes it difficult or impossible to carry out a major life activity.

Due Process Rights A legal proceeding where parents and the school district present their case to an impartial hearing officer.

Equal Access Equal opportunity of a qualified person with a disability to participate in or benefit form educational aid, benefits or services

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Family Educational Rights and Privacy Act (FERPA)

A federal law which gives parents and guardians rights to the educational records of their children and protects the privacy of those records by requiring proper consent before records are released to others.

Free Appropriate Public Education (FAPE)

Education provided to all children with disabilities, which meets their individual needs at no cost to the parents.

Functional Behavioral Assessment

The process of gathering information about how and when specific behaviors occur for a child to help determine the reasons for the behavior.

Has a record of such an impairment

An individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Hidden Disability Physical or Mental disabilities that are not readily apparent to others. Ex: cancer, diabetes, arthritis, epilepsy or asthma

IDEA (IDEIA)

The Individuals with Disabilities Education Act gives all children with disabilities the right to receive a free appropriate public education.

IEP

Individualized Education Program is a written plan for meeting the special education and related services needs of a child with a disability who is eligible under the IDEA. The plan must include: a statement of the specific special education and related services that are to be provided to the child, how the child will participate in regular education programs, and information on how the child’s progress will be measured.

Individual with Disabilities

Any person who has a physical or mental impairment that substantially limits a major life activity; has a history or record of such an impairment; or is regarded as having such an impairment.

Initial Evaluation When a child is first evaluated to see if they have a disability that is interfering with their learning and if they need specially designed instruction or accommodations.

Is regarded as having such an impairment

Individual has a physical impairment that does not substantially limit major life activities but is treated as if he/she does; has a physical or mental impairment as a result of the attitudes of others.

Least Restrictive

Environment (LRE)

A mandate that requires schools to educate students with disabilities to the maximum extent appropriate with non-disabled students while appropriately meeting their educational needs.

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Major Life Activity

Functions such as caring for one’s self, performing manual tasks, walking, seeing, speaking, learning, thinking, concentrating, reading, and working.

Mitigating Measures

Mitigating measures are medications and assistive devices that an individual uses to eliminate or reduce the effects of an impairment. Examples of mitigating measures include medication for conditions like epilepsy, or major depression; insulin used to control diabetes; prosthetic devices; walkers, canes, and crutches; and hearing aids.

Multi-disciplinary Team

A team of people from various “disciplines” (or branches of instruction) who have special knowledge in some area of a child’s needs. This team includes parents and others who know the individual child.

Non-Discrimination Legal provisions to protect people from unfair discrimination based on their status as a number of a “protected” group.

Office of Civil Rights (OCR)

A Federal agency that has three primary responsibilities: investigating complaints, conducting compliance reviews, and providing technical assistance.

Physical or Mental impairment

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; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or physical disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and special learning disabilities.

Program Accessibility

Accessibility means a physical facility or a program is easy to approach, enter, operate, participate in, or use safely and with dignity by people with disabilities. In many instances, programs and activities may be made accessible through slight modifications and adjustments in procedures, practices, and policies. In others, building renovation or construction may be required. Structural change is required only where program accessibility cannot be achieved effectively through other means.

Program or Activity In the context of §504/ADA, this includes all operations of state and local agencies that receive federal funds. This includes colleges, universities, and/or school systems.

Qualified Child or Individual

Any child or other individual who has a physical or mental impairment that substantially limits one or more of major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Reasonable Accommodation

Schools must provide an accommodation if it is reasonable, necessary and does not fundamentally alter a school’s program or cause an undue burden, does not provide an unfair advantage, or lower academic standards.

Section 504 Accommodation Plan

A plan to provide accommodations or assistance to a student who qualifies as a person with a disability under §504 of the Rehabilitation Act of 1973.

Section 504 Coordinator

A school employing 15 or more persons must assign a person to coordinate compliance with Section 504.

Section 504 of the Rehabilitation Act of 1973

Section 504 is a federal law that makes it illegal to discriminate against an otherwise qualified person on the basis of a disability. It applies to elementary and secondary education, to post-secondary education, as well as to equal access to programs and activities available to the general public.

Stay Put

The right of a child to remain in his current educational placement during the time that a pre-appeal or a due process hearing concerning the child’s educational program is pending.

Substantially limits

The student is unable to perform a major life activity that the average student of approximately the same age can perform or that the student is significantly restricted as to the condition, manner or duration under which a particular major life activity is performed as compared to the average student of approximately the same age.

Technically Eligible

Term used for students who are eligible for Section 504, but are not in need of a Student Services Plan at this time due to being in remission, handled through mitigating measures, or parent refusals. An annual review must be held on all technically eligible students.

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Appendix B

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Frequently Asked Questions About Section 504 and the Education of Children with

Disabilities

This document is a revised version of a document originally developed by the Chicago Office of the

Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of

Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public

elementary and secondary education. The primary purpose of these revisions is to incorporate

information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act),

effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and

included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of

disability in Section 504. The Amendments Act broadens the interpretation of disability. The

Amendments Act does not require ED to amend its Section 504 regulations. ED’s Section 504

regulations as currently written are valid and OCR is enforcing them consistent with the

Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on

OCR’s enforcement responsibilities under Section 504 and Title II of the ADA, including whether any

changes in regulations, guidance, or other publications are appropriate. The revisions to this

Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II

of the amendments to the regulations implementing the Individuals with Disabilities Education Act

(IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).

INTRODUCTION

An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the

basis of disability against students with disabilities. OCR receives numerous complaints and inquiries

in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of

1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students

who are protected by Section 504 and the means to obtain an appropriate education for such

students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs

and activities that receive Federal financial assistance from the U.S. Department of Education (ED).

Section 504 provides: "No otherwise qualified individual with a disability in the United States . . .

shall, solely by reason of her or his disability, be excluded from the participation in, be denied the

benefits of, or be subjected to discrimination under any program or activity receiving Federal

financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from

ED. Recipients of this Federal financial assistance include public school districts, institutions of

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higher education, and other state and local education agencies. The regulations implementing

Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education"

(FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless

of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of

regular or special education and related aids and services designed to meet the student's individual

educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.

INTERRELATIONSHIP OF IDEA AND SECTION 504

1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education

and Rehabilitative Services (OSERS) and state departments of education/instruction

regarding educational services to students with disabilities?

OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation

Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against

individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990

(Title II), which extends this prohibition against discrimination to the full range of state and local

government services, programs, and activities (including public schools) regardless of whether they

receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of

2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of

1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation

Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were

designed not to restrict the rights or remedies available under Section 504. The Title II regulations

applicable to free appropriate public education issues do not provide greater protection than

applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive

Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination

on the basis of disability by state and local governments. The Office of Special Education and

Rehabilitative Services (OSERS), also a component of the U.S. Department of Education,

administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special

education programs. Each state educational agency is responsible for administering IDEA within the

state and distributing the funds for special education programs. IDEA is a grant statute and attaches

many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are

antidiscrimination laws and do not provide any type of funding.

http://www2.ed.gov/about/offices/list/ocr

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2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated

compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out

information about OCR’s interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR’s website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.

4. What services are available for students with disabilities under Section 504?

Section 504 requires recipients to provide to students with disabilities appropriate educational

services designed to meet the individual needs of such students to the same extent as the needs of

students without disabilities are met. An appropriate education for a student with a disability under

the Section 504 regulations could consist of education in regular classrooms, education in regular

classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with

disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or

other educational decisions so long as the school district complies with the procedural requirements

of Section 504 relating to identification and location of students with disabilities, evaluation of such

students, and due process. Accordingly, OCR generally will not evaluate the content of a Section

504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved

through a due process hearing. The hearing would be conducted under Section 504 or the IDEA,

whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with

disabilities and the procedural safeguards which those school districts provide students. OCR will

also examine incidents in which students with disabilities are allegedly subjected to treatment which

is different from the treatment to which similarly situated students without disabilities are subjected.

Such incidents may involve the unwarranted exclusion of disabled students from educational

programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or

discriminating against any individual for the purpose of interfering with any right or privilege secured

by Section 504.

http://www2.ed.gov/policy/rights/guid/ocr/disability.html

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7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred

to as “Early Complaint Resolution,” to resolve a complaint filed under Section 504. This approach

brings the parties together so that they may discuss possible resolution of the complaint

immediately. If both parties are willing to utilize this approach, OCR will work with the parties to

facilitate resolution by providing each an understanding of pertinent legal standards and possible

remedies. An agreement reached between the parties is not monitored by OCR.

8. What are the appeal rights with OCR?

OCR affords an opportunity to the complainant for appeal of OCR’s letters of finding issued pursuant

to Section 303(a) of the OCR Case Processing Manual. OCR also affords an opportunity to the

complainant for appeal of OCR’s dismissals or administrative closures of complaints issued pursuant

to Sections 108, 110 and 111 of the Manual.Â The appeal process provides an opportunity for

complainants to bring information to OCR’s attention that would change OCR’s decision, but it does

not involve a de novo review of OCR’s decision.Â The complainant may send a written appeal to the

Director of the regional Enforcement Office that issued the determination within 60 days of the date

of the determination letter being appealed from.Â In an appeal, the complainant must explain why

he or she believes the factual information was incomplete, the analysis of the facts was incorrect,

and/or the appropriate legal standard was not applied, and how this would change OCR’s

determination in the case.Â More information about appeals is found in Section 306 of the

Manual.Â

9. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or

regulations.

10. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a

corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate

enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of

Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for

judicial proceedings.

11. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504.

Section 504 is a Federal statute that may be enforced through the Department's administrative

process or through the Federal court system. In addition, a person may at any time file a private

lawsuit against a school district. The Section 504 regulations do not contain a requirement that a

http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html

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person file a complaint with OCR and exhaust his or her administrative remedies before filing a

private lawsuit.

STUDENTS PROTECTED UNDER SECTION 504

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial

assistance. To be protected under Section 504, a student must be determined to: (1) have a physical

or mental impairment that substantially limits one or more major life activities; or (2) have a record of

such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that

school districts provide a free appropriate public education (FAPE) to qualified students in their

jurisdictions who have a physical or mental impairment that substantially limits one or more major life

activities.

12. What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits

a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory

provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as 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 any mental or psychological disorder, such as mental retardation, organic brain

syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision

does not set forth an exhaustive list of specific diseases and conditions that may constitute physical

or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include

functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking,

breathing, learning, and working. This list is not exhaustive. Other functions can be major life

activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided

additional examples of general activities that are major life activities, including eating, sleeping,

standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also

provided a non-exhaustive list of examples of “major bodily functions” that are major life activities,

such as the functions of the immune system, normal cell growth, digestive, bowel, bladder,

neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504

regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the

Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an

activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a

major life activity.

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13. Does the meaning of the phrase "qualified student with a disability" differ on the basis of

a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a

student with a disability who is: of an age at which students without disabilities are provided

elementary and secondary educational services; of an age at which it is mandatory under state law

to provide elementary and secondary educational services to students with disabilities; or a student

to whom a state is required to provide a free appropriate public education under the Individuals with

Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a

disability who meets the academic and technical standards requisite for admission or participation in

the institution's educational program or activity.

14. Does the nature of services to which a student is entitled under Section 504 differ by

educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public

education to qualified students with disabilities. Such an education consists of regular or special

education and related aids and services designed to meet the individual educational needs of

students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic

adjustments and auxiliary aids and services that are necessary to afford an individual with a

disability an equal opportunity to participate in a school's program. Recipients are not required to

make adjustments or provide aids or services that would result in a fundamental alteration of a

recipient's program or impose an undue burden.

15. Once a student is identified as eligible for services under Section 504, is that student

always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to

individuals who meet the regulatory definition of a person with a disability. If a recipient school

district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R.

104.35 and determines that the student's mental or physical impairment no longer substantially limits

his/her ability to learn or any other major life activity, the student is no longer eligible for services

under Section 504.

16. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from

Section 504 protection, any student who is currently engaging in the illegal use of drugs when a

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covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation

programs who are no longer engaging in the illegal use of drugs).

17. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However,

Section 504 allows schools to take disciplinary action against students with disabilities using drugs

or alcohol to the same extent as students without disabilities.

EVALUATION

At the elementary and secondary school level, determining whether a child is a qualified disabled

student under Section 504 begins with the evaluation process. Section 504 requires the use of

evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as

having a disability, or incorrectly placed, based on inappropriate selection, administration, or

interpretation of evaluation materials.

18. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and

periodic re-evaluations of students who need or are believed to need special education and/or

related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b)

requires school districts to individually evaluate a student before classifying the student as having a

disability or providing the student with special education. Tests used for this purpose must be

selected and administered so as best to ensure that the test results accurately reflect the student's

aptitude or achievement or other factor being measured rather than reflect the student's disability,

except where those are the factors being measured. Section 504 also requires that tests and other

evaluation materials include those tailored to evaluate the specific areas of educational need and not

merely those designed to provide a single intelligence quotient. The tests and other evaluation

materials must be validated for the specific purpose for which they are used and appropriately

administered by trained personnel.

19. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined

by the multi-disciplinary committee gathered to evaluate the student. The committee should include

persons knowledgeable about the student, the meaning of the evaluation data, and the placement

options. The committee members must determine if they have enough information to make a

knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory

provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the

evaluation process so that the possibility of error is minimized. The information obtained from all

88

such sources must be documented and all significant factors related to the student's learning

process must be considered. These sources and factors may include aptitude and achievement

tests, teacher recommendations, physical condition, social and cultural background, and adaptive

behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on

presumptions and stereotypes regarding persons with disabilities or classes of such persons.

Compliance with the IDEA regarding the group of persons present when an evaluation or placement

decision is made is satisfactory under Section 504.

20. What process should a school district use to identify students eligible for services under

Section 504? Is it the same process as that employed in identifying students eligible for

services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as

they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a

separate process for evaluating the needs of students under Section 504, they must follow the

requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

21. May school districts consider "mitigating measures" used by a student in determining

whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or

mental impairment that substantially limits that student in a major life activity, must not consider the

ameliorating effects of any mitigating measures that student is using. This is a change from prior

law. Before January 1, 2009, school districts had to consider a student’s use of mitigating measures

in determining whether that student had a physical or mental impairment that substantially limited

that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress

specified that the ameliorative effects of mitigating measures must not be considered in determining

if a person is an individual with a disability.

Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of

“mitigating measures.” The mitigating measures are as follows: medication; medical supplies,

equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact

lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other

implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of

assistive technology; reasonable accommodations or auxiliary aids or services; and learned

behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the

mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if

an impairment substantially limits a major life activity. “Ordinary eyeglasses or contact lenses” are

lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas “low-vision

devices” (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

89

22. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect

to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that

a group of knowledgeable persons draw upon information from a variety of sources in making this

determination.

23. Are there any impairments which automatically mean that a student has a disability under

Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or

more major life activities in order to be considered a disability under Section 504.

24. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student

with an impairment or believed to have an impairment which substantially limits a major life activity.

Other sources to be considered, along with the medical diagnosis, include aptitude and achievement

tests, teacher recommendations, physical condition, social and cultural background, and adaptive

behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a

variety of sources in interpreting evaluation data and making placement decisions.

25. Does a medical diagnosis of an illness automatically mean a student can receive services

under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive

services under Section 504. The illness must cause a substantial limitation on the student's ability to

learn or another major life activity. For example, a student who has a physical or mental impairment

would not be considered a student in need of services under Section 504 if the impairment does not

in any way limit the student's ability to learn or other major life activity, or only results in some minor

limitation in that regard.

26. How should a recipient school district handle an outside independent evaluation? Do all

data brought to a multi-disciplinary committee need to be considered and given equal

weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-

disciplinary committees must draw from a variety of sources in the evaluation process so that the

possibility of error is minimized. All significant factors related to the subject student's learning

process must be considered. These sources and factors include aptitude and achievement tests,

teacher recommendations, physical condition, social and cultural background, and adaptive

behavior, among others. Information from all sources must be documented and considered by

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knowledgeable committee members. The weight of the information is determined by the committee

given the student's individual circumstances.

27. What should a recipient school district do if a parent refuses to consent to an initial

evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a

Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504

requires informed parental permission for initial evaluations. If a parent refuses consent for an initial

evaluation and a recipient school district suspects a student has a disability, the IDEA and Section

504 provide that school districts may use due process hearing procedures to seek to override the

parents' denial of consent.

28. Who in the evaluation process makes the ultimate decision regarding a student's

eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure

that the determination that a student is eligible for special education and/or related aids and services

be made by a group of persons, including persons knowledgeable about the meaning of the

evaluation data and knowledgeable about the placement options. If a parent disagrees with the

determination, he or she may request a due process hearing.

29. Once a student is identified as eligible for services under Section 504, is there an annual

or triennial review requirement? If so, what is the appropriate process to be used? Or is it

appropriate to keep the same Section 504 plan in place indefinitely after a student has been

identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations,

which require re-evaluation at three-year intervals (unless the parent and public agency agree that

re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or

teacher requests a re-evaluation, but not more than once a year (unless the parent and public

agency agree otherwise).

30. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be

done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of

compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted

periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a

significant change of placement. OCR considers an exclusion from the educational program of more

than 10 school days a significant change of placement. OCR would also consider transferring a

student from one type of program to another or terminating or significantly reducing a related service

a significant change in placement.

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31. What is reasonable justification for referring a student for evaluation for services under

Section 504?

School districts may always use regular education intervention strategies to assist students with

difficulties in school. Section 504 requires recipient school districts to refer a student for an

evaluation for possible special education or related aids and services or modification to regular

education if the student, because of disability, needs or is believed to need such services.

32. A student is receiving services that the school district maintains are necessary under

Section 504 in order to provide the student with an appropriate education. The student's

parent no longer wants the student to receive those services. If the parent wishes to withdraw

the student from a Section 504 plan, what can the school district do to ensure continuation of

services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district

believes the student needs the services in order to receive an appropriate education.

33. A student has a disability referenced in the IDEA, but does not require special education

services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine

whether the student has an impairment which substantially limits his or her ability to learn or another

major life activity and, if so, make an individualized determination of the child's educational needs for

regular or special education or related aids or services. For example, such a student may receive

adjustments in the regular classroom.

34. How should a recipient school district view a temporary impairment?

A temporary 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. The issue of whether a temporary impairment is substantial enough to be a

disability must be resolved on a case-by-case basis, taking into consideration both the duration (and

expected duration) of the impairment and the extent to which it actually limits a major life activity of

the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not “regarded as” an

individual with a disability if the impairment is transitory and minor. A transitory impairment is an

impairment with an actual or expected duration of 6 months or less.

35. Is an impairment that is episodic or in remission a disability under Section 504?

Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an

impairment that is episodic or in remission is a disability if it would substantially limit a major life

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activity when active. A student with such an impairment is entitled to a free appropriate public

education under Section 504.

PLACEMENT

Once a student is identified as being eligible for regular or special education and related aids or

services, a decision must be made regarding the type of services the student needs.

36. If a student is eligible for services under both the IDEA and Section 504, must a school

district develop both an individualized education program (IEP) under the IDEA and a Section

504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504

regulations, one way to meet Section 504 requirements for a free appropriate public education is to

implement an IEP.

37. Must a school district develop a Section 504 plan for a student who either "has a record of

disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that

substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded

as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision

of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ

1), in which Congress clarified that an individual who meets the definition of disability solely by virtue

of being “regarded as” disabled is not entitled to reasonable accommodations or the reasonable

modification of policies, practices or procedures. The phrases "has a record of disability" and "is

regarded as disabled" are meant to reach the situation in which a student either does not currently

have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not

“regarded as” an individual with a disability if the impairment is transitory and minor. A transitory

impairment is an impairment with an actual or expected duration of 6 months or less.

38. What is the receiving school district's responsibility under Section 504 toward a student

with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan,

the receiving district should review the plan and supporting documentation. If a group of persons at

the receiving school district, including persons knowledgeable about the meaning of the evaluation

data and knowledgeable about the placement options determines that the plan is appropriate, the

district is required to implement the plan. If the district determines that the plan is inappropriate, the

93

district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35

and determine which educational program is appropriate for the student. There is no Section 504

bar to the receiving school district honoring the previous IEP during the interim period. Information

about IDEA requirements when a student transfers is available from the Office of Special Education

and Rehabilitative Services

at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

39. What are the responsibilities of regular education teachers with respect to implementation

of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans

govern the teachers' treatment of students for whom they are responsible. If the teachers fail to

implement the plans, such failure can cause the school district to be in noncompliance with Section

504.

40. What is the difference between a regular education intervention plan and a Section 504

plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is

not suspected of having a disability but may be facing challenges in school. School districts vary in

how they address performance problems of regular education students. Some districts employ

teams at individual schools, commonly referred to as "building teams." These teams are designed to

provide regular education classroom teachers with instructional support and strategies for helping

students in need of assistance. These teams are typically composed of regular and special

education teachers who provide ideas to classroom teachers on methods for helping students

experiencing academic or behavioral problems. The team usually records its ideas in a written

regular education intervention plan. The team meets with an affected student's classroom teacher(s)

and recommends strategies to address the student's problems within the regular education

environment. The team then follows the responsible teacher(s) to determine whether the student's

performance or behavior has improved. In addition to building teams, districts may utilize other

regular education intervention methods, including before-school and after-school programs, tutoring

programs, and mentoring programs.

PROCEDURAL SAFEGUARDS

Public elementary and secondary schools must employ procedural safeguards regarding the

identification, evaluation, or educational placement of persons who, because of disability, need or

are believed to need special instruction or related services.

41. Must a recipient school district obtain parental consent prior to conducting an initial

evaluation?

http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

94

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial

evaluations. If a district suspects a student needs or is believed to need special instruction or related

services and parental consent is withheld, the IDEA and Section 504 provide that districts may use

due process hearing procedures to seek to override the parents' denial of consent for an initial

evaluation.

42. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as

compliance. IDEA as well as many state laws also require written consent prior to initiating an

evaluation.

43. What can a recipient school district do if a parent withholds consent for a student to

secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to

override a parental refusal to consent with respect to the initial provision of special education and

related services. Nonetheless, school districts should consider that IDEA no longer permits school

districts to initiate a due process hearing to override a parental refusal to consent to the initial

provision of services.

44. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include

notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for

participation by the student's parents or guardian, representation by counsel and a review

procedure.

45. What is a recipient school district's responsibility under Section 504 to provide

information to parents and students about its evaluation and placement process?

Section 504 requires districts to provide notice to parents explaining any evaluation and placement

decisions affecting their children and explaining the parents' right to review educational records and

appeal any decision regarding evaluation and placement through an impartial hearing.

46. Is there a mediation requirement under Section 504?

No.

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Appendix C

96

Help for College Students with Disabilities (from Wrightslaw.com)

Parents of disabled kids are often surprised to learn that their college-bound children are no longer

eligible for services under the Individuals with Disabilities Act. Although college students with disabilities

are protected from discrimination under Section 504, some professors take a dim view of students who

request accommodations.

We collected these resources to help you learn self-advocacy skills and make the transition from high

school to college.

The resources are divided into three categories: your rights and responsibilities under Section 504; the

importance of planning and preparing; and keys to success. Good luck!

Section 504: Your Rights & Responsibilities

FAQs About Section 504 and Post Secondary Education

http://www.pacer.org/publications/adaqa/504.asp

Section 504 Subpart E: Postsecondary Education

http://www.ocean.edu/campus/student_services/drc/asd/mmedia/docs/minfo3.htm

“College Students and Disability Law” by Stephen Thomas. Comprehensive article about Section 504,

ADA, qualifying as a ‘person with a disability’, admission, accommodations, and dismissal. Includes

guidelines for higher education practitioners; legal references. http://www.ldonline.org/article/6082

Know Your Rights and Responsibilities http://www.ed.gov/about/offices/list/ocr/transition.html

Questions and Answers on Disability Discrimination under Section 504 and Title II

http://www.ed.gov/about/offices/list/ocr/qa-disability.html

Policy Statement: Disability Harassment in Colleges (U. S. Department of Education)

http://www.wrightslaw.com/info/PolicyDisabilityharassment-2.pdf

Planning & Preparing for College

College Planning for Students with Learning Disabilities http://www.ldonline.org/article/6130

Getting Ready for College: Advising Students with Learning Disabilities

http://www.ldonline.org/article/6132

http://www.pacer.org/publications/adaqa/504.asp

http://www.ocean.edu/campus/student_services/drc/asd/mmedia/docs/minfo3.htm


http://www.ed.gov/about/offices/list/ocr/qa-disability.html

http://www.wrightslaw.com/info/PolicyDisabilityharassment-2.pdf



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College: Continuing and Higher Education for Students with Disabilities - Wrightslaw

http://www.wrightslaw.com/info/college.index.htm

Financial Aid Guides and Resources – Wrightslaw http://www.wrightslaw.com/info/fin.aid.index.htm

Steps to College http://www.nacacnet.org/MemberPortal/News/StepsNewsletter/

Keys to Success in College

Study Strategies http://www.d.umn.edu/student/loon/acad/strat/

Study Skills Guide http://www.csbsju.edu/academicadvising/helplist.htm

Ten Traps of Studying

http://campushealth.unc.edu/index.php?option=com_content&task=view&id=470&Itemid=65

Sample 504 Plan: Accommodations in the Classroom and for Testing

http://www.ocean.edu/campus/student_services/drc/ADA%20_form.pdf

Cornell Note Taking System http://www.clt.cornell.edu/campus/learn/LSC_Resources/cornellsystem.pdf

Self-Advocacy for College Students http://www.ldonline.org/article/6142

Planning for Successful Transition for All Students http://www.heath.gwu.edu/node/338

Success in College for Adults with Learning Disabilities http://www.ldonline.org/article/6002

http://www.wrightslaw.com/info/college.index.htm

http://www.wrightslaw.com/info/fin.aid.index.htm

http://www.nacacnet.org/MemberPortal/News/StepsNewsletter/

http://www.d.umn.edu/student/loon/acad/strat/

http://www.csbsju.edu/academicadvising/helplist.htm

http://campushealth.unc.edu/index.php?option=com_content&task=view&id=470&Itemid=65

http://www.ocean.edu/campus/student_services/drc/ADA%20_form.pdf

http://www.clt.cornell.edu/campus/learn/LSC_Resources/cornellsystem.pdf


http://www.heath.gwu.edu/node/338


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Appendix D

99

Section 504

Sample Accommodations and Modifications

This Appendix contains examples of 504 accommodations and modifications. An accommodation is any technique that alters the academic setting or environment in some way, but does not change the content of required work. A modification is any technique that alters the work required in such a way that it differs in substance from the work required of other students in the same class. Teams must assess when modifications are implemented in a plan whether or not student grading must also be adjusted. Some intervention tools might be seen as either an accommodation or a modification, depending on the situation or on the implementation. This is intended to be a staff document. The following examples are not offered as check lists and should not be considered as all-inclusive or mandatory listings. The examples are intended to serve as “starters” for 504 teams designing accommodation plans that meet a student’s specific need(s). The best 504 plans incorporate teacher expertise and available regular education resources. The Team process involves schools in identifying the resources they (and outside agencies) have to support various student needs. Obviously, the kinds of accommodations schools can provide will vary based on school configuration, age of student, etc. The 504 evaluation team decides the accommodations that will best support a particular student. The following examples are organized into two groups. The first group includes general environmental, organizational, behavioral, presentation, and assessment strategies. The second group includes possible examples of accommodations that might be valuable when dealing with specific disability profiles.

Examples of General Accommodations

General program accommodations/adjustments or services are always made on a case-by-case basis and individualized. Accommodations are to be reasonable and are intended to provide persons with disabilities compensation for their functional limitation(s) due to a mental or physical impairment. Where Section 504 is concerned, accommodations are made to bring a student with a disability to the same starting point as a non-disabled student. Consequently, the accommodations defined in a Section 504 plan are those interventions that are not typically available to all students.

Environmental Strategies • Provide a structured learning environment • Make separate "space" for different types of tasks • Possible adapting of non-academic times such as lunch, recess, and physical education • Change student seating • Utilize a study carrel • Alter location or personal or classroom supplies for easier access or to minimize distraction

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• Provide sensory breaks

• Provide a written or picture schedule Organizational Strategies • Model and reinforce organizational systems (i.e. color-coding) • Write out homework assignments, check student's recording of assignments • Tailor homework assignments toward student strengths • Set time expectations for assignments • Provide clues such as clock faces indicating beginning and ending times • Teach study/organizational skills • Schedule before or after school tutoring/homework assistance

Behavioral Strategies • Use behavioral management techniques consistently within a classroom and across classes • Implement behavioral/academic contracts • Utilize positive verbal and/or nonverbal reinforcements • Utilize logical consequences • Confer with the student's parents (and student as appropriate) • Establish a home/school communication system for behavior monitoring • Post rules and consequences for classroom behavior • Put student on daily/weekly progress report/contract • Reinforce self-monitoring and self-recording of behaviors Presentation Strategies • Tape lessons so the student can listen to them again; allow students to tape lessons

• Use computer-aided instruction and other audiovisual equipment • Select alternative textbooks, workbooks, or provide books on tape • Highlight main ideas and supporting details in the book • Provide copied material for extra practice (i.e. outlines, study guides) • Prioritize drill and practice activities for relevance • Vary the method of lesson presentation using multi-sensory techniques:

a) lecture plus overhead/board demonstration support

b) small groups required to produce a written product c) large groups required to demonstrate a process d) computer-assisted instruction e) peer tutors or cross-age tutors

f) demonstrations, simulations g) experiments h) games

• Ask student to repeat/paraphrase context to check understanding • Arrange for a mentor to work with student in his or her interest area or area of greatest strength • Provide peer tutoring • Simplify and repeat instructions about in-class and homework assignments

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• Vary instructional pace

• Reinforce the use of compensatory strategies, i.e. pencil grip, mnemonic devices, “spell check” • Vary kind of instructional materials used • Assess whether student has the necessary prerequisite skills. Determine whether materials are appropriate to the student's current functioning levels • Reinforce study skill strategies (survey, read, recite, review) • Introduce definition of new terms/vocabulary and review to check for understanding • Be aware of student's preferred learning style and provide matching instruction materials • Pre-teach and/or re-teach important concepts • Prepare advanced organizers/study guides for new material

Assignments • Modify the amount of homework • Use written directions to supplement oral directions • Reduce paper and pencil tasks • Allow for assignments to be word processed • Lower reading level of assignments • Break assignments into a series of smaller assignments • Use highlighted texts Evaluation Methods • Limit amount of material presented on a single page • Provide a sample or practice test

• Provide for oral testing • Provide tests in segments so that student hands in one segment before receiving the next part • Provide personal copy of test tools and allow for color-coding/highlighting • Adjust time for completion • Modify weights of tests when grading

Examples of Accommodations for Specific Disabilities What follows are some examples of accommodations and services that might be considered for specific disability profiles. Please keep in mind that these examples are not intended to be all

inclusive or mandatory. Do not use these examples as a “checklist” as accommodations are to be made on a case-by-case basis specific to individual need. Also remember that the mere presence of these conditions does not automatically qualify a student for a Section 504 plan. The disability must significantly limit one or more life functions before a 504 plan is to be considered. Additionally, this disability must impact the student so that he or she is not afforded access and benefit of programs and services equal to that of non-disabled students.

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Allergies EXAMPLE: The student has severe allergic reactions to certain pollens and foods. For purposes of this example the condition substantially limits the major life activity of breathing and may interfere with the student's ability to get to school or participate once there. Possible Accommodations and Services: • Avoid allergy-causing substances: soap, weeds, pollen, food • In-service necessary persons: dietary people, peers, coaches, laundry service people, etc. • Allow time for shots/clinic appointments • Use air purifiers • Adapt physical education curriculum during high pollen time • Improve room ventilation (i.e. when remodeling has occurred and materials may cause an

allergy) • Develop health care and/or emergency plans • Address pets/animals in the classroom • Involve school health consultant in school related health issues • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects Arthritis EXAMPLE: A student with severe arthritis may have persistent pain, tenderness or swelling in one or more joints. A student experiencing arthritic pain may require a modified physical education program. For purposes of this example, the condition substantially limits the major life activity of performing manual tasks.

Possible Accommodations and Services: • Provide a rest period during the day • Accommodate for absences for doctors' appointments • Provide assistive devices for writing (e.g. pencil grips, non-skid surface, computer, etc.) • Adapt physical education curriculum • Administer medication following medication administration protocols • Train student for proper dispensing of medications; monitor and/or distribute

medications; monitor for side effects • Arrange for assistance with carrying books, lunch tray, etc. • Provide book caddie • Implement movement plan to avoid stiffness

• Provide seating accommodations • Allow extra time between classes • Provide locker assistance • Provide modified eating utensils • Develop health care plan and emergency plan • Provide for accommodations for writing tasks; a note taker, a computer or tape recorder for note-taking • Make available access to wheelchair/ramps and school van for transportation

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• Provide more time for massage or exercises

• Adjust recess time • Provide peer support groups • Arrange for instructional aide support • Install handle style door knobs (openers) • Record lectures/presentations • Have teachers provide outlines of presentations • Issue Velcro fasteners for bags • Obtain padded chairs • Provide a more comfortable style of desk • Adjust attendance policy, if needed • Provide a shorter school day

• Furnish a warmer room and sit student close to the heat • Adapt curriculum for lab classes • Supply an extra set of books for home use and keep a set at school • Let student give reports orally rather than in writing • Provide an awareness program for staff and students • Monitor any special dietary considerations • Involve school health consultants in school health related issues • Provide post-secondary or vocational transition planning Asthma EXAMPLE: A student has been diagnosed as having severe asthma. The doctor has advised the student not to participate in physical activity outdoors. For purposes of this example, the

disability limits the major life activity of breathing. Possible Accommodations and Services: • Adapt activity level for recess, physical education, etc. • Provide inhalant therapy assistance • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Remove allergens (e.g. hair spray, lotions, perfumes, paint, latex)

• Make field trips that might aggravate the condition non-mandatory and supplement with videos, audiotapes, movies, etc. • Accommodate medical absence by providing makeup work, etc. • Adjust for administration of medications

• Provide access to water, gum, etc. • Adapt curriculum expectations when needed (i.e. science class, physical education, etc.) • Develop health care and emergency plans • Have peers available to carry materials to and from classes (e.g. lunch tray, books) • Provide rest periods • Make health care needs known to appropriate staff • Provide indoor space for before and after school activities • Have a locker location which is centralized and free of atmosphere changes

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• Adapt attendance policies or school day length if needed

• Place student in most easily controlled environment Attention Deficit Disorder (ADD) and Attention Deficit Hyperactive Disorder (ADHD) EXAMPLE: The student does not meet eligibility requirements under IDEA as emotionally disturbed, learning disabled or other health impaired. A doctor regards the student as having ADD, and for purposes of this example, the disability limits the major life activity of learning. The student, because of his disability, is unable to participate in the school's programs to the same degree as students without disabilities and therefore is substantially limited by the disability. Possible Accommodations and Services: • Seat the student away from distractions and in close proximity to the teacher

• State classroom rules, post in an obvious location and enforce consistently • Use simple, concise instructions with concrete steps • Provide seating options • Tolerate (understand the need) excessive movement • Provide a peer tutor/helper • Teach compensatory strategies • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Monitor for stress and fatigue; adjust activities • Adjust assignments to match attention span, etc. • Provide supervision during transitions, disruptions, field trips • Model the use of study guides, organizing tools

• Accommodate testing procedures; lengthy tests might be broken down into several shorter administrations • Provide prompt feedback on both successes and areas needing improvement • Initiate frequent parent communication • Establish a school/home behavior management program • Provide training for staff • Have the student use an organizer; train in organizational skills

• Establish a nonverbal cue between teacher and student for behavior monitoring • Assign chores/duties around room/school • Adapt environment to avoid distractions • Reinforce appropriate behavior

• Have child work alone or in a study carrel during high stress times • Highlight required or important information/directions • Provide a checklist for student, parents, and/or teacher to record assignments of completed tasks • Use a timer to assist student to focus on given task or number of problems in time allotted. Stress that problems need to be correctly done • Have student restate or write directions/instructions • Allow student to respond in variety of different modes (i.e. may place answers for tests

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on tape instead of paper)

• Give student opportunity to stand/move while working • Provide additional supervision to and from school • Adapt student's work area to help screen out distracting stimuli • Grade for content integrity, and not just neatness/presentation • Schedule subjects which require greater concentration early in the day • Supply small rewards to promote behavior change • Avoid withholding physical activity as a negative reinforcer • Allow for periodic, frequent physical activity, exercise, etc. • Determine trigger points and prevent action leading to trigger points • Provide for socialization opportunities, such as circle of friends

Bipolar Disorder EXAMPLE: The student was diagnosed as having a bipolar disorder. The severity (frequency, intensity, duration considerations) of the condition/behaviors did not qualify the student for IDEA. A properly convened 504 committee determined that the condition did significantly impair the major life activity of learning and developed a 504 plan for the student. Here are some possible accommodations for this scenario. Possible Accommodations and Services: • Break down assignments into manageable parts with clear and simple directions, given one at a time. • Plan advanced preparation for transitions. • Monitor clarity of understanding and alertness.

• Allow most difficult subjects at times when student is most alert. • Provide extra time on tests, class work, and homework if needed. • Strategies in place for unpredictable mood swings. • Provide appropriate staff with training on bipolar disorder. • Create awareness by staff of potential victimization from other students. • Implement a crisis intervention plan for extreme cases where student gets out of control and may do something impulsive or dangerous.

• Provide positive praise and redirection. • Report any suicidal comments to counselor/psychologist immediately. • Consider home instruction for times when the student’s mood disorder makes it impossible for him to attend school for an extended period.

Cancer EXAMPLE: A student with a long-term medical problem may require special accommodations. Such a condition as cancer may substantially limit the major life activities of learning and caring for oneself. For example, a student with cancer may need a class schedule that allows for rest and recuperation following chemotherapy. Possible Accommodations and Services: • Adjust attendance policies

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• Limit numbers of classes taken; accommodate scheduling needs (breaks, etc.)

• Send teacher/tutor to hospital, as appropriate • Take whatever steps are necessary to accommodate student's involvement in extracurricular activities if they are otherwise qualified • Adjust activity level and expectations in classes based on physical limitations; don't require activities that are too physically taxing • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Provide appropriate assistive technology • Provide dietary accommodations • Provide a private area in which to rest • Shorten school day

• Arrange for home tutoring following treatment • Send additional set of texts and assignments to hospital schools • Tape lessons. Accept the fact that the lessons and content-area tests may not be appropriate; the student is learning many life lessons through this experience. • Adjust schedule to include rest breaks • Provide counseling; establish peer group support • Adapt physical education • Provide access to school health services • Provide awareness training to appropriate staff and students • Develop health care emergency plan to deal with getting sick at school • Furnish a peer tutor • Provide student with a student buddy for participation in sports

• Initiate a free pass system from the classroom • Provide lessons using mastery learning techniques • Provide individual school counseling • Begin friendship groups for the student • Provide teachers with counseling, emphasizing positive attitudes • Plan ongoing communication about school events • Notify parents of communicable diseases in school

• Designate a person in school to function as liaison with parents as a means of updating changing health status Cerebral Palsy

EXAMPLE: The student has serious difficulties with fine and gross motor skills. A wheelchair is used for mobility. For purposes of this example, the condition substantially limits the major life activity of walking. Cognitive skills are intact. Possible Accommodations and Services: • Provide assistive technology devices • Arrange for use of ramps and elevators • Allow for extra time between classes • Assist with carrying books, lunch trays, etc.

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• Adapt physical education curriculum

• Provide for physical therapy as appropriate. Such therapy needs to relate directly to "life skills." • Train for proper dispensing of medications; monitor and/or distributed medications; monitor for side effects • Adapt eating utensils • Initiate a health care plan that also addresses emergency situations • Train paraprofessionals in the case of this student (i.e. feeding, diapering, transporting to and from the wheelchair) • Adapt assignments • Educate peers/staff with parent/student permission • Ensure that programs conducted in the basement or on second or third floor levels are

accessible • Ensure that bathroom facilities, sinks and water fountains are readily accessible. • Provide post-secondary or vocational transition planning Chronic Infectious Diseases: Acquired Immune Deficiency Syndrome (AIDS) EXAMPLE: The student frequently misses school and does not have the strength to attend a full day. For purposes of this example, the student has a record of a disability, which substantially limits the major life activities of thinking, learning and working. Please review applicable District policies. Possible Accommodations and Services: • In-service staff and students about the disease, how it is transmitted and how it is treated (Consult appropriate District policies) • Apply universal precautions

• Administer medications following medication administration protocols, train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Adjust attendance policies • Adjust schedule or shorten day • Provide rest periods • Adapt physical education curriculum • Establish routine communication with health professionals, area nurse, and home

• Develop health-care and emergency plan • Consult with doctor, parents, teachers, area nurse and administrators • Train appropriate teachers on medical/emergency procedures • Provide link between home and classroom via computer, etc.

• Arrange for an adult tutor at school or home • Adapt assignments and tests • Provide an extra set of textbooks for home • Provide staff training on confidentiality • Provide education and support for peers regarding issues of death and dying • Provide transportation to and from school if needed as a related service • Tape books or provide a personal reader • Arrange to communicate with a home computer with e-mail

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• Notify parents of communicable disease in the classroom

• Arrange for participation in a support group • Provide for post-secondary employment transitions for secondary students • Develop and promote a nondiscriminatory classroom climate and supportive student attitudes • Promote the most supportive, least restrictive educational program • Videotape classroom teaching • Provide a peer support group to encourage communication • Involve school health consultant in school-related health issues Cystic Fibrosis EXAMPLE: This student is a new enrollee at your school and has an extensive medical history.

He has significant difficulty breathing and will often be absent due to respiratory infection. While medical needs can be easily documented on a health plan, his educational needs also need to be accommodated. For purposes of this example, learning is the major life activity that is substantially impaired. Possible Accommodations and Services: • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Create a health care plan for management of acute and chronic phases • Promote good communication between parents, hospital, home and school on school assignments • Shorten the school day

• Adapt physical education activities • Apply universal precautions, correct disposal of fluids • Recognize need for privacy for “good coughing” • Educate staff and peers Diabetes EXAMPLE: A sixth grader with juvenile diabetes requires accommodation to maintain optimal

blood sugar. His mom provides the crackers and juice to be used at "break" time and before physical education class. She asks that teachers remind him to eat at a certain time of the morning if he does not pay attention to the beeper on his watch. The youngster is very self sufficient; while he is able to monitor his own blood sugar now, he prefers to do this privately.

Therefore, mom asks that the equipment and a notebook/log be stored in a nearby file cabinet and the youngster be allowed to go into the hall with the equipment to check his blood sugar twice a day. She also asks that his teacher allow him to use the bathroom as needed. Possible Accommodations and Services: • Health care plan for management of condition in the school setting and in emergencies • Educate staff to signs/symptoms of insulin reaction/hypoglycemia: hunger, shakiness, sweatiness, change in face color, disorientation, drowsiness • Never leave the child alone if he/she is feeling poorly; walk to the office or clinic with the

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student.

• Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects; communicate systematically and frequently with parents • Adapt physical education activities • Store equipment and documentation in a readily accessible location for student, parent and area nurse or clinic aid • Accommodate food access/meal schedules • Allow access to bathroom facilities Drugs and Alcohol EXAMPLE: The student has used drugs and alcohol for many years. This problem has affected the major life activities of learning, concentrating and caring for oneself. The student is

presently not using drugs or alcohol and is in a rehabilitation program. If the student is not using drugs or alcohol, he or she may qualify for accommodations or services under Section 504. Possible Accommodations and Services: • Provide copies of texts and assignments to treatment facility • Arrange for periodic home-school contacts • Establish daily/weekly assignments monitoring system • Communicate with treatment facility; pursue transition services available through the treatment facility • Establish peer support group • Dismiss from school for treatment • Ensure strong link with school counselor

• Integrate a student assistance program into the classroom • In-service faculty/staff with parent/student permission • Provide post-secondary or vocational transition planning • Provide ongoing support around chemical dependency in conjunction with other agencies • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects

Encopresis/Enuresis EXAMPLE: A student who will urinate or defecate in clothes. Not to be confused with physical incontinence, but only to a needed behavior change (i.e. toilet training, bowel/bladder

retraining). Possible Accommodations: • Maintain low key responses • Have a change of clothes available at school in the clinic or alternative location • Plan a consistent response to events; send student to clinic or alternative location for clean-up and change of clothes; while wearing latex/rubber gloves, place soiled clothes in a plastic bag; call parent and make arrangements for soiled items to be returned home • Observe for consistent trigger events

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• Support bowel/bladder retraining program that is recommended by the physician

Epilepsy EXAMPLE: The student is on medication for seizure activity, but experiences several petit mal seizures each month. This condition substantially limits the major life activity of learning. Possible Accommodations and Services: • Call parent and document the characteristics of each seizure • Assess breathing after seizure • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Train staff and students and prepare an emergency plan • Anticipate recovery process should a seizure occur. Move seating/clear space during

seizure. Do not insert objects into the student's mouth during seizure; administer no fluids if student is unconscious. Turn the unconscious student on his or her side to avoid aspiration of vomit. Provide rest time and return to academic considerations following seizure. Arrange a buddy system, especially for field trips • Avoid portable chalk boards or furniture that would topple over easily • Provide an alternative recess, adapt activities such as climbing and/or swimming • Plan for academic make-up work • Alter door openings to allow access from the outside (i.e. bathroom stall doors that swing both ways) • Observe for consistent triggers (e.g. smells, bright light, perfume, hair spray) • Provide post-secondary or vocational transition planning

Hearing Impairment EXAMPLE: A parent is hearing impaired and requests, access to school sponsored activities. The District makes accommodations by providing interpreter services for the parent to participate effectively in school-sponsored events or meetings about the student. Possible Accommodations and Services: • Provide an interpreter for those school events where accommodations may be necessary/are requested

• Make alternative arrangements for home-school contacts/communication • Assist with locating peer or support groups • Use written notes for communication • Provide information on assistive technology; acquire assistive equipment for school use

• Provide in-house TDD or relay services to receive/communicate efficiently • Provide post-secondary or vocational transition planning Learning Disabilities Individual profiles of learning strengths and weaknesses will vary. THE EXAMPLE: The student has a learning disability that impacts her ability to read. She has more difficulty with word decoding and spelling than reading comprehension. Thus, completing reading tasks is difficult and slow. She is currently not eligible to receive special education under IDEA.

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Possible Accommodations and Services:

• Provide lower-readability materials covering course context • Provide extended time on tests • Allow access to spell checkers and/or word processing • Provide information on accommodations for college-entrance/qualifying exams (i.e. PSAT) • Clearly sequenced instruction • Provide lecture notes/overheads • Visual graphs/charts/diagrams to support instruction • Provision of computer access • Seating toward the instructor • Support/suggestions relative to post-secondary/career options

• Support in the use of organizational/time-management strategies • Support in the use of strategies to assist memory and problem-solving • Provide post-secondary or vocational transition planning • Provide training in self-advocacy Leukemia EXAMPLE: The student has recently been diagnosed with leukemia and requires frequent hospitalization. The condition substantially limits the major life activity of learning and caring for oneself. Possible Accommodations and Services: • Involve school nurse in assessing current limitations and development of health plan

• Provide homebound instruction if needed • Provide the student with an adjusted school day • Make needed accommodations during physical education/recess • Provide rest periods • Have medical services and medication available at school. Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Support the proper diet as per physical recommendation

• With parent/student permission, have area nurse to educate teachers/staff/peers • Notify parents of existing communicable diseases at school (i.e. chicken pox, flu, strep throat, etc.) • Consult with medical staff about individual needs and/or concomitant factors

Orthopedically Impaired EXAMPLE: The student has limited mobility and uses a wheelchair. This condition substantially limits the major life activity of walking. Possible Accommodations and Services: • Develop a health care and emergency plan • Implement an adaptive physical education program • Provide physical therapy at school

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• Correct problems with physical accessibility of facilities/pathways between buildings

• Provide extra time to get to class • Provide bathroom assistance • Supply a set of textbooks for home • Provide a copy of class notes from a peer • Practice emergency exit from school building • Ensure that access to programs held in the basement or on upper floors is handicapped accessible • Ensure that bathroom facilities, water fountains, sinks, etc. are readily accessible • Provide post-secondary or vocational transition planning Student with Special Health Care Needs EXAMPLE: The student has a special health care problem and requires clean intermittent

catheterization twice each day. This procedure empties the bladder and helps prevent urinary tract infections and possible wetting. The school is required to provide trained personnel to perform the procedure or to provide the student a private location to perform the procedure. The condition is substantially limiting in the major life activity of caring for oneself. Possible Accommodations and Services: • Apply universal precautions • Provide trained personnel to perform special medical procedures. Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • Provide student with private location and time to perform procedures • Involve area nurse, parents, teachers, and staff in periodic review • Allow preferential seating as indicated by need • Adapt recess, physical education, and transportation

• Adjust classroom environment • Develop health care and emergency plan • If necessary, adapt attendance policy • Establish health alert system whereby every staff member involved with this student is aware of the health problem and of proper procedures • Provide a beeper/paging system for trained personnel • Make available homebound services/instruction if needed

• Arrange for in-service to other students and staff with parent/student permission • Provide post-secondary or vocational transition planning Tourette's Syndrome

EXAMPLE: The student exhibits inappropriate gestures and sounds in the classroom and hallways. The condition is substantially limiting in the major life activities of learning and caring for oneself. Possible Accommodations and Services: • Provide student with a means of catching up on missed lessons • Pair with a fellow student for study if indicated • Educate other students about associated outbursts/gestures/tics • Arrange for frequent parental interaction if indicated

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• Monitor administration/side effects of medication

• Implement a behavior management program if indicated; cue student about inappropriate behaviors • Provide supervision for transition activities, during periods of "acting out" • Provide alternative/larger work-space or appropriate space for the child to act out if indicated • Teach compensatory strategies • Adapt assignments if indicated • Provide peer/teacher in-service with parent/student permission • Provide post-secondary or vocational transition planning Traumatic Brain Injury

EXAMPLE: The student sustained a brain injury in an automobile accident. Many academic and motor skills have been lost from the injury, but the prognosis is for full recovery with rehabilitation supports. The student does not qualify for special education under IDEA. The condition is substantially limiting to the major life activities of learning, thinking, concentrating and performing manual tasks. Possible Accommodations and Services: • Provide extended school year/time • Furnish memory/organizational aids • Provide alternative testing • Initiate tutoring program if medically unable to attend school • Arrange an emergency plan • Monitor for seizure activity

• In-service staff and peers with student/parent permission • Monitor fatigue/mental exhaustion • Provide frequent short breaks during periods of intense concentration • Shorten the instructional day if indicated • Provide strategies for organizing/sequencing tasks • Provide post-secondary or vocational transition planning

Tuberculosis EXAMPLE: The student is suspected of having active tuberculosis and must stay home until diagnostic tests are completed. The disease is no longer infectious, but the student is still weak. The condition is substantially limiting to the major life activity of learning.

Possible Accommodations and Services: • Provide home tutor, as necessary • In-service staff on the need for confidentiality to limit the stigmatization of him or her • Have the medical evaluator provide feedback to staff • Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects • In-service staff and students about the disease, how it is transmitted and how it is treated • Work with community agency or health department to provide medication and health

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education materials

• Work with community agency or health department to test students and staff for exposure and/or infection and to determine when the student can return to school • Provide therapy and dispense medications if student is diagnosed with active TB; observed for side effects; arrange for parents to give medication on holidays and weekends Visual Impairment EXAMPLE: A student has a progressive medical disorder, which results in increasing loss of visual acuity. He now requires both enhanced lighting and enlarged print materials in order to read. Possible Accommodations and Services: • Preferential seating

• Adaptations to the physical environment (i.e. consistent room arrangement, removal of obstacles to path of entry) • Copies of text/reading materials for adaptation • Modified writing tools (i.e. dark felt tip pens) • Dark lined writing paper • Lighting aids • Low vision devices including magnifiers, monocular glass, closed-circuit TV • Desktop slant board • Enlarged print materials; textbooks, workbooks, worksheets • Books on tape • Audiotape recorder, tapes and organizational location (headphones if needed) • Oral instead of written tests

• Standardized tests (i.e. CAT, SAT) in large print or Braille • Tactile maps • Computer with enlarged print screen/adaptations Weight: Diagnosis of Obesity, Anorexia, and Bulimia EXAMPLE: A student has an extreme eating disorder that may require special accommodations. Obesity may be considered a disability under Section 504 where it

substantially impairs a major life activity such as walking. Possible Accommodations and Services: • Provide special seating modifications or furniture • Make dietary modifications per physician recommendation

• Adapt physical education program per physician recommendation • Allow extra time to get to classes • Educate peers • Adapt rest rooms • Provide opportunities for socialization and peer counseling/interaction • Ensure privacy for self-care • Provide counseling involving the area nurse • Provide for elevator privileges per physician's recommendation

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• Arrange for counselor/area nurse to supervise peer counseling to deal with esteem

issues, peer attitudes, teasing, etc. • Address busing concerns to ensure room on buses for seating • Arrange to provide opportunities for the individual to participate in intramural and extracurricular events • Make any class location changes that may be needed

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Expanded List of Classroom and Facility Accommodations

Resources: Anchorage School District - Attention Deficit Disorders, Suggested Classroom Accommodations for

Specific Behaviors

Area of Concern Suggested Accommodation

Parent/Student/Teacher Communications Develop a daily/weekly journal.

Develop parent/student/school contacts.

Schedule periodic parent/teacher meetings.

Provide parents with duplicate sets of texts.

Instructional Day Allow student more time to pass in hallways

Difficulty with any task that requires memory Use multi-sensory approach.

Student may need to sub-vocalize to remember.

Teach memory techniques as a study strategy

(e.g., mnemonics, visualization, oral rehearsal,

numerous repetition)

Difficulty with test taking Allow extra time for resting, teach test-taking

skills and strategies, and allow student to be

tested orally.

Use clear, readable and uncluttered test forms.

Use test format that the student is most

comfortable using.

Allow ample space for student response.

Consider having lined answer spaces for essays or

short answer questions.

Confusion from written material - (difficulty

finding main idea from a paragraph, main ideas

underlined/highlighted. attributes greater

importance to minor details).

Provide student with copy of reading material.

Provide an outline of important points from

reading material.

Teach outlining, main idea/details concepts.

Provide tape of text/chapter.

Poor Handwriting Allow for a scribe and grade for content, not

penmanship.

Allow for use of a computer or special paper.

Allow use of a pencil grip.

Consider alternative methods for student

response (e.g., tape recorder, oral reports, etc.)

Don't penalize student for mixing cursive and

manuscript.

Accept any method of production.

Frequent excessive talking or blurting out Teach student hand signals and use to tell

student when and when not to talk.

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Make sure student is called upon when it is

appropriate and reinforce listening.

Allow question cards to limit the number of times

the student can participate in the discussion or

answer questions.

Difficulty making transitions Program student for transitions. Give advance

warning of when a transition is going to take

place. (timer)

Teach student about personal space.

Give student something to carry in line so that

he/she does not have hands on others.

Squirming in Seat Break tasks down to small increments and give

short breaks in between tasks.

Give student frequent opportunity for

movement.

Allow for more space for student.

Allow alternative movement when possible. (two

desks in the classroom)

Allow use of fidget toys or manipulatives at desk.

Allow child to change position in seat as needed.

Allow student to be class messenger or get a

drink of water as needed.

Allow child to stand beside desk.

Agitation under pressure and competition

(athletic or academic)

Stress effort and enjoyment for self, rather than

competition with others.

Minimize timed activities; structure class for

team effort and cooperation.

Poor adult interactions

Defies authority

Provide positive attention.

Talk with student individually about the

inappropriate behavior (What are you doing?

What should you be doing? When are you going

to do that?)

Teach appropriate way to respond to get adult

attention.

Contract with the student.

Establish a home/school communication system.

Upset with change of schedule Give student warning of change.

Prepare student for emergency drills.

Difficulty completing assignments Reduce assignment into manageable parts.

Reduce assignment length.

Check for understanding.

Simplify instructions/ allow extra time.

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Appendix E

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Physical Education Credit Rule for Students with a Disability

What are the PE graduation requirements for high school students?

The TAC §74, Subchapters (B) and (G), state that students must earn 1.0 PE credit to satisfy graduation

requirements.

Can a student substitute another course if they are unable to participate in PE?

Yes. TEC §28.025(b-11) allows a student who is unable to participate in physical activity due to disability

or illness to substitute 1.0 credit in English language arts, mathematics, science, social studies, or 1.0

academic elective credit for the PE graduation requirement.

The PE substitution credit allowed through an academic subject or elective may not be used to satisfy a

graduation requirement other than for the completion of the PE credit.

The rules must provide that the determination regarding a student's ability to participate in physical

activity will be made by: (1) if the student receives special education services under Subchapter A,

Chapter 29, the student's admission, review, and dismissal committee; (2) if the student does not

receive special education services under Subchapter A, Chapter 29, but is covered by Section 504,

Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that

Act; or (3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee

established by the school district of persons with appropriate knowledge regarding the student.

Are students permitted to earn credit for PE other than on or off campus courses or activities?

Yes. The TAC §74.3(a) and (b), states that school districts may provide instruction in a variety of

arrangements and settings, including mixed-age programs designed to permit flexible learning

arrangements for developmentally appropriate instruction for all student populations to support

student attainment of course and grade level standards.

The following options are available to assist students in meeting the PE graduation credit requirement:

Texas Virtual School Network (TXvSN)-Grades 9-12 on-line PE courses at: www.txvsn.org

Credit by Examination-The University of Texas Continuing and Extended Education at

http://www.utexas.edu/ce/k16/

Texas Tech University College of Outreach and Distance Education at www.ode.ttu.edu

http://www.txvsn.org/

http://www.utexas.edu/ce/k16/

http://www.ode.ttu.edu/

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Correspondence courses or other distance learning opportunities at the discretion of the local school

district:

Texas Tech University at https://www.depts.ttu.edu/uc/k-12/ ;

https://www.depts.ttu.edu/uc/ec2k/Heading.asp?heading_id=270 or

The University of Texas at http://www.utexas.edu/ce/k16/cbe-ea/high-school-courses/ School districts

retain the authority to provide other options that meet the needs of their students. Award of credit is

based on demonstrated proficiency in all the TEKS for a PE course or successful completion of an

approved PE substitution.

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Appendix F

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10 Things to Know When you are a §504 Case Manager

1. Review all §504 plans for your campus. Note things like special alerts, the determining factor (the

disability) for a student’s §504 plan, program (classroom) accommodations and testing accommodations. Use SuccessEd to run a student list report for your campus. You can also run a list of accommodations using the reports tab in SuccessEd. Check your user guide on the home page for more information on reports. 2. Consider making a cheat sheet for teachers that they can keep as a go to guide. Teachers should sign a receipt when you give information regarding §504 plans. Here is an example you may want to use in addition to the §504 plan:

3. If they have testing accommodations, make sure they have a copy of the §504 plan in your school testing room. 4. Know when the annual meeting date will be. You will need to run a report from SuccessEd showing when the last annual meeting was held so that you know when the next meeting is due. 5. Set up any parent meeting that may be written into the §504 plan. Parents could share with the teachers helpful tips about their children. 6. Be aware of any special services a student may receive. 7. Keep in contact with parents. Build good will between parents and school. A proactive plan of communication is the best defense. Parents only want to sue if there has been a problem and they cannot trust you to fix it. 8. Keep non-core teachers in the loop. For those teachers that are not a part of a team, but work with your students, make sure you distribute and gather info from them as well. 9. Check in periodically with your students. See how things are going. Ask them about their classes and how they think are doing. Don't forget to review report card grades, as well as attendance and behavior reports if necessary. 10. Keep a folder for each student and keep copies of all notes and reports that you send or receive in case you need to refer back to them.

http://2.bp.blogspot.com/-9LLGEtHs9zs/VA4GwDqAqpI/AAAAAAAADko/i7Iv2vqg3p0/s1600/504+At+A+Glance.jpg

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Appendix G

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Online Modules for Section 504

http://sss.usf.edu/Resources/topic/section504/504tutorial/index.html

http://sss.usf.edu/Resources/topic/section504/504tutorial/index.html

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Appendix H

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Section 504, Subpart D -- Preschool, Elementary, and Secondary Education

104.31 Application of this subpart.

Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities.

104.32 Location and notification.

A recipient that operates a public elementary or secondary education program or activity shall annually:

(a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and

(b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart.

104.33 Free appropriate public education.

(a) General. A recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient's jurisdiction, regardless of the nature or severity of the person's handicap.

(b) Appropriate education. (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of non-handicapped persons are met and (ii) are based upon adherence to procedures that satisfy the requirements of 104.34, 104.35, and 104.36.

(2) Implementation of an Individualized Education Program developed in accordance with the Education of the Handicapped Act is one means of meeting the standard established in paragraph (b)(1)(i) of this section.

(3) A recipient may place a handicapped person or refer such a person for aid, benefits, or services other than those that it operates or provides as its means of carrying out the requirements of this subpart. If so, the recipient remains responsible for ensuring that the requirements of this subpart are met with respect to any handicapped person so placed or referred.

(c) Free education -- (1) General. For the purpose of this section, the provision of a free education is the provision of educational and related services without cost to the handicapped

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person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian. It may consist either of the provision of free services or, if a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, of payment for the costs of the aid, benefits, or services. Funds available from any public or private agency may be used to meet the requirements of this subpart. Nothing in this section shall be construed to relieve an insurer or similar third party from an otherwise valid obligation to provide or pay for services provided to a handicapped person.

(2) Transportation. If a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, the recipient shall ensure that adequate transportation to and from the aid, benefits, or services is provided at no greater cost than would be incurred by the person or his or her parents or guardian if the person were placed in the aid, benefits, or services operated by the recipient.

(3) Residential placement. If a public or private residential placement is necessary to provide a free appropriate public education to a handicapped person because of his or her handicap, the placement, including non-medical care and room and board, shall be provided at no cost to the person or his or her parents or guardian.

(4) Placement of handicapped persons by parents. If a recipient has made available, in conformance with the requirements of this section and 104.34, a free appropriate public education to a handicapped person and the person's parents or guardian choose to place the person in a private school, the recipient is not required to pay for the person's education in the private school. Disagreements between a parent or guardian and a recipient regarding whether the recipient has made a free appropriate public education available or otherwise regarding the question of financial responsibility are subject to the due process procedures of 104.36.

(d) Compliance. A recipient may not exclude any qualified handicapped person from a public elementary or secondary education after the effective date of this part. A recipient that is not, on the effective date of this regulation, in full compliance with the other requirements of the preceding paragraphs of this section shall meet such requirements at the earliest practicable time and in no event later than September 1, 1978.

104.34 Educational setting.

(a) Academic setting. A recipient to which this subpart applies shall educate, or shall provide for the education of, each qualified handicapped person in its jurisdiction with persons who are not handicapped to the maximum extent appropriate to the needs of the handicapped person. A recipient shall place a handicapped person in the regular educational environment operated by the recipient unless it is demonstrated by the recipient that the education of the person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Whenever a recipient places a person in a setting other than the regular

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educational environment pursuant to this paragraph, it shall take into account the proximity of the alternate setting to the person's home.

(b) Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in 104.37(a)(2), a recipient shall ensure that handicapped persons participate with non-handicapped persons in such activities and services to the maximum extent appropriate to the needs of the handicapped person in question.

(c) Comparable facilities. If a recipient, in compliance with paragraph (a) of this section, operates a facility that is identifiable as being for handicapped persons, the recipient shall ensure that the facility and the services and activities provided therein are comparable to the other facilities, services, and activities of the recipient.

104.35 Evaluation and placement.

(a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section of any person who, because of handicap, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the person in regular or special education and any subsequent significant change in placement.

(b) Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of persons who, because of handicap, need or are believed to need special education or related services which ensure that:

(1) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

(2) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and

(3) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

(c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall (1) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background,

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and adaptive behavior, (2) establish procedures to ensure that information obtained from all such sources is documented and carefully considered, (3) ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with 104.34.

(d) Reevaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who have been provided special education and related services. A reevaluation procedure consistent with the Education for the Handicapped Act is one means of meeting this requirement.

104.36 Procedural safeguards.

A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement.

104.37 Nonacademic services.

(a) General. (1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.

(2) Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies which provide assistance to handicapped persons, and employment of students, including both employment by the recipient and assistance in making available outside employment.

(b) Counseling services. A recipient to which this subpart applies that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are non-handicapped students with similar interests and abilities.

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(c) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation.

(2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different from those offered to non-handicapped students only if separation or differentiation is consistent with the requirements of 104.34 and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different.

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