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Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act

PROCEDURES MANUAL Revised May 2018

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Purpose

The purpose of this manual is to provide direction to school-based staff in their efforts to accommodate students with disabilities and to prevent discrimination against them in the school environment as required by

Section 504 of the Rehabilitation Act and the Americans with Disability Act.

Information Obtained From

District Implementation Guide for Section 504 Florida Department of Education

Division of Public Schools Bureau of Exceptional Education and Student Services

U.S. Department of Education, Office for Civil Rights

Richard Lindsay & Martin, LLP

Acknowledgements

The School Board of Volusia County James T. Russell, Superintendent of Schools

Teresa Marcks, Chief Academic Officer Kim Gilliland, Director of Exceptional Student Education and Student Services

District Mission Statement

Volusia County Schools will ignite a passion for learning by providing a challenging, creative curriculum in a safe, supportive environment where students reach their highest potential.

An Affirmative Action/Equal Opportunity Employer

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Table of Contents

Page Number

Section I

Introduction 6

Section 504 Requirements and Procedures 8

Obligations of the School District to Comply with Section 504 11

Section II

Problem Solving and Response to Instruction/Intervention (PS/RtI) 13

Referral 15

Evaluation 16

Eligibility 17

Parent Involvement in Section 504 Meetings 19

The Section 504 Evaluation Process for Initial Eligibility 20

Conducting a Section 504 Eligibility Meeting 22

Section 504 Annual Review 23

The Section 504 Three-Year Reevaluation Process 24

Transfer Students 26

Temporary Section 504 28

Development and Implementation of a Section 504 Plan 29

How to Complete a Section 504 Accommodation Plan 31

School-Based Accommodations 32

Distribution of Plan 34

The Section 504 Dismissal Process 35

Section 504 and CrossPointe 36

Section 504 Completion Checklist 38

Section III

McKay Scholarship 40

Grievance Process 41

Filing a Complaint with the Office for Civil Rights 44

Disciplining Student with Disabilities 45

Change in Placement 46

Manifestation Determination for Section 504 Eligible Students 47

Drug and Alcohol Offenses 48

Weapons and Serious Bodily Injury Offenses 49

Bus Suspensions 50

Expulsion 51

Guidelines for Seclusion and Restraint 52

Section 504 and Hospital/Homebound, Gifted, and Speech Only 54

Post-School Planning for Section 504 Qualified Students 55

Related Services 56

Service Animal Guidelines 57

Transportation in Walk Zone 58

Individual Health Care Plans and Section 504 60

Intervention Suggestions During PST Process 61

Intervention Suggestions for Inattention and Hyperactivity Behaviors During PST Process 62

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Page Number

Appendix

Parent/Student Rights under Section 504 64

Physician’s Statement 66

Section 504 Referral 67

Section 504 Parent Notice of Meeting 68

Notice/Consent for Section 504 Evaluation 69

Section 504 Initial Eligibility 70

Section 504 Individual Accommodation Plan 72

Section 504 Reevaluation 73

Section 504 Transfer Review 75

Section 504 Accommodation Plan Receipt 76

Manifestation Determination for Students Eligible for Section 504 77

Social and Developmental History for Section 504 for Students with Inattention and/or Hyperactivity

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Brief Behavior Observation Form 79

Section 504 Completion Checklist 80

Frequently Asked Questions and Answers 81

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Section I

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Introduction

Section 504 of the Rehabilitation Act of 1973 was enacted by Congress in 1973 and is a civil rights law prohibiting discrimination on the basis of a disability by school districts receiving federal assistance from the United States Department of Education. Section 504 ensures that a child with a disability has the right to full participation and access to a free appropriate public education (FAPE). The law recognizes that equal treatment and services may not be sufficient to convey equal benefit. For nondiscrimination to occur, the school must provide services that level the playing field so that Section 504 eligible students have equal participation and opportunity for benefit. The actual statute states: “No otherwise qualified individual with a disability in the United States as defined in Section 707(8), 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 United States Code (U.S.C) §794). This includes all programs or activities operated by the School District of Volusia County. These regulations also require identification, evaluation, provision of appropriate services, and procedural safeguards. Examples of discrimination include but are not limited to:

• Denying credit to a student whose excused absenteeism is related to his/her disabling condition.

• Requiring all students with a hearing impairment to register for the same classes if they need an interpreter.

• Excluding a student with epilepsy from participating in a school club (e.g., SGA, National Honors Society, Tech Club, etc.).

• Prohibiting a student with a disability from participating in a field trip.

• Choosing a site for a magnet or specialty program that would be inaccessible to students with physical impairments.

• Requiring a blind student who is otherwise qualified to perform in a performance choir to participate in a nonperformance choir due solely to the need for assistance to navigate the performance stage.

Individuals who are disabled under the Individuals with Disabilities Education Act (IDEA) and who are receiving Exceptional Student Education (ESE) services through an Individual Education Plan (IEP) are also protected under Section 504 from discrimination. Students with disabilities who need accommodations to provide them equitable access to school activities and programs but not need specialized instruction and related services under IDEA may be eligible under Section 504 if the disability substantially limits one or more major life activities. Thus, a student may be eligible for Section 504, but not services under IDEA. An example of a student who is protected by Section 504, but not by IDEA, is one who has juvenile arthritis, if the student is not in need of exceptional student education services. If a district or parent suspects, because of a disability as defined in Section 504, a student may need either accommodations or related services in the general education setting to participate in the school program, the district must evaluate the student. If the student is determined to have a disability under Section 504, the district must develop and implement a plan for the delivery of all needed services. The type of evaluation and placement process is determined by the type of disability believed to be present and the type of services the study may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the disability and recommended services. Evaluations may be a “little e” or a “big e.” A “little e” might consist of the Problem-Solving Team (PST) reviewing all relevant school records and medical records supplied by the parent while a “big e” might consist of a psychoeducational evaluation in conjunction with review of school and medical records.

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A team of persons who are knowledgeable about the student will need to convene to determine what services are needed. This group should review the nature of the disability, how it affects the student’s education, and whether specialized accommodations are needed (and if so, what those are). Decisions about Section 504 eligibility and services must be documented in the student’s cumulative file and reviewed periodically. Accommodations under Section 504 should be individualized to meet the needs of the student; however, examples include additional time to complete assignments and assessments, a behavior intervention plan, the administration/monitoring of medication, or the use a word processor. Under Section 504, the parent or guardian must be provided with notice of actions affecting the identification, evaluation and placement of the student. The parent or guardian is entitled to an impartial hearing upon disagreement with the district’s decision(s) in these areas. For disabilities covered only by Section 504 and not the IDEA, a Section 504 hearing will have to be made available by a local hearing officer. Finally, the Office for Civil Rights (OCR) is charged with enforcement of Section 504, and has become proactive in the field of education of individuals with disabilities. Advocacy organizations and the legal system likewise have increasingly focused on 504’s requirements to insure the education system provides the full range of special accommodations and services necessary for students with special needs to participate in and benefit from public education programs and activities.

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Section 504 Requirements and Procedures

Students in public- preschool, K-12, or adult educational services are protected under Section 504. All programs, services, and activities of the Florida DOE, school districts, community colleges, universities, and public and private schools that receive federal financial assistance must comply with Section 504 requirements. Under Section 504, a student must be determined as an “individual with a disability” and be “qualified.” A student is “disabled” under Section 504 if the student meets any one of the three prongs of eligibility listed in 34 CFR 104.3(j)(1):

1. Has a physical or mental impairment that substantially limits one or more major life activities; 2. Has a record of such an impairment (has history of, or has been misclassified as having a mental or

physical impairment that substantially limits one or more major life activities); or 3. Is regarded as having such an impairment.

The prong under which the student is eligible assists in determining which of the Section 504 protections are extended to the student. Prong One: Current Impairment To be eligible under this prong, the student must have a physical or mental impairment that substantially limits one or more major life activities. Physical or Mental Impairment Physical or mental impairment means (a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following bodily systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities (34 CFR 104.3 (j)(2)). 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. Episodic Impairments Some impairments are episodic, meaning they ebb and flow in severity. Examples include seasonal allergies, migraines, and cystic fibrosis. For purposes of Section 504, an impairment that is episodic is a disability if it would substantially limit a major life activity when active. Eligibility should not be denied simply because the disability, at the moment of evaluation, is not substantially limiting, when the school knows from experience that substantial limitation will recur; as such, Section 504 teams should look carefully at data over a range of time. Impairments in Remission An impairment that is in remission is a disability if it would substantially limit a major life activity when active. For example, a student who had cancer in middle school may be eligible for Section 504 in high school, even though the student has been in remission for four years, if the cancer was substantially limiting while in middle school.

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Major Life Activities Section 504 eligibility looks for impact from physical or mental impairment on one or more major life activities. Examples of a “major life activity” include, but are not limited to:

Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working Writing Reaching Interacting with Others

A “major life activity” also includes the operation of a major bodily function. Examples include, but are not limited to:

Immune system Normal cell growth Digestive Bowel Bladder Neurological Brain Respiratory Circulatory

Endocrine Reproductive functions Substantial Limitation A substantial limitation is defined by Volusia County Schools as being unable to perform a major life activity (or bodily function) that the average person in the general population can perform. Thus, for example, if a student with ADHD is performing as well as average children in her grade level and the student does not have to do significantly extra work to achieve at this level, it is unlikely the student is being substantially limited by the impairment. Students who are identified as gifted are also compared to students who are achieving at an average ability. Several courts have found that a student does not have a disability simply because a particular condition prevents the student from performing a particular activity in a better or in the best way. Rather, a student’s ability to perform a major life activity is compared to the ability of the average student to perform the same activity or skill. Thus, if the major life activity of “learning” is at issue, the fact that a student is making passing or even below average grades is a factor to consider in determining whether the student truly has a condition that is “substantially limiting.” Of course, any student who could perform better in the area of learning than he/she actually is, for whatever reason, should be provided extra assistance by school personnel, including the provision of appropriate instructional assistance. However, a student does not need to be considered “disabled” to receive that kind of assistance and only where a student is truly disabled and needs accommodations in the school environment because of an identifiable disability does Section 504 come into play. Mitigating Measures The determination of whether or not an impairment substantially limits a major life activity or major bodily function must be made without regard to the ameliorative (helpful) effects of mitigating measures. Mitigating measures are services or things provided to the student or used by the student to decrease the impact of impairment. These include, but are not limited to the following:

• 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, or oxygen therapy equipment and supplies;

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• Use of assistive technology

• Reasonable accommodations or auxiliary aids or services; or

• Learned behavioral or adaptive neurological modifications. 42 U.S.C. §12102(4)(E)

Thus, the Section 504 team must determine how the physical or mental impairment would impact the student if the mitigating measure (e.g., medication) were not used. Other Age and conditions resulting from cultural, environmental, or economic factors are not considered to be disabilities under Section 504. For students eligible under Prong One, part of the protection from discrimination may also include FAPE in the form of non-instructional and instructional accommodations and services. Prong Two: Record of Impairment Individuals with a record or history of a physical or mental impairment that substantially limits one or more major life activities or major bodily functions are also protected from discrimination under Section 504. Some of these “records of impairment” may also trigger Prong One protections, including a Section 504 accommodation plan if the impairment is in remission. A student no longer meeting eligibility criteria for a special program for students with disabilities (a former IDEA- eligible student) is an example of someone with a record of impairment. Denying this student, the opportunity to participate in field trips or after-school events because of a previous history of disability is an example of discrimination under Section 504. Prong Three: Regarded as Impaired Individuals who are regarded as having a physical or mental impairment, but that in fact may or may not actually exist are protected under Section 504 from discrimination. Examples of discriminating against a student who is regarded as being impaired include:

• A student with HIV being treated as if a physical impairment existed based simply on the medical condition.

• A limited English proficient student incorrectly determined eligible for an Exceptional Student Education program for those with intellectual disabilities.

• A student with epilepsy might be treated as having an impairment that limits physical activities such as sports when the student actually has no limitation that would affect participation in sports.

• A student who is believed to have a mental impairment (e.g., mood disorder) and is prohibited to attend after-school events due to fear the student might misbehave.

An individual is not regarded as impaired if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six months or less. Students who have a record of impairment or who are regarded as being impaired are protected from discrimination under Section 504, even though they are not individuals with a current substantiated disability under Section 504 for which accommodations may be necessary and therefore would not require an accommodation plan. These protections include but are not limited to equal access to all nonacademic and extracurricular activities (e.g., counseling, recreational activities, school clubs, transportation, etc.) and equal treatment.

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Obligations of the School District to Comply with Section 504

School districts have the following responsibilities under Section 504:

• Conduct appropriate child find and initial evaluations.

• Provide periodic reevaluations of students with disabilities.

• Provide eligible students with FAPE (Free and Appropriate Education) through the provision of a Section 504 plan to meet the individual educational needs of eligible students as adequately as the needs of nondisabled students are met.

• Provide education to students with disabilities in the least restrictive environment.

• Provide established standards and procedures in the identification and evaluation process.

• Provide transportation under specific individual circumstances and conditions.

• Provide equal access to parents who have a disability.

• Provide students with disabilities equal access to non-academic and/or extracurricular services.

• Establish and implement a system of procedural safeguards regarding the identification, evaluation, placement, or provision of FAPE to a student.

• Ensure behavior in question is not a manifestation of a student’s disability during disciplinary proceedings.

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Section II

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Problem Solving and Response to Instruction/Intervention (PS/RtI)

Per Florida Statutes and rules, the Elementary and Secondary Education Act (ESEA) of 2001, and IDEA 2004 schools are responsible for addressing the needs of struggling students. In addition, each district in Florida is responsible for providing a coordinated system of general education intervention procedures (i.e., Multi-Tiered System of Supports-MTSS) for students needing additional academic and/or behavioral support (Rule 6A-6.0331(1), F.A.C.). It is important to note that students may have academic or behavioral difficulties for reasons unrelated to a specific disability. In Volusia County, the Problem-Solving Team is the collaborative entity tasked with addressing the needs of students suspected of having a disability. This is accomplished through the PST process which seeks to identify and document the area of concern, develop interventions that are at the appropriate intensity and are matched to the students’ area of need, monitor the subsequent performance and ultimately determine what, if any, additional services or accommodations a student might need beyond the general assistance provided to all students. This team should consist of teachers, support services staff (this may include, but is not limited to school psychologist, academic coach, school counselor, PST chair, Section 504 school contact, administration, and school social worker), and parents.

This team will follow the steps of Volusia County Schools’ problem- solving model to determine:

Problem Identification (What is the problem?) Analysis of the problem (Why is it occurring?) Intervention Implementation (What do we do about it?) Response to Intervention (Is the plan working?)

Evaluating the student’s response to evidence-based interventions that are put into place is a critical part of the student evaluation for Section 504 consideration to assist in determining what accommodations the student may need and if the student may be in need of specialized instruction under the Individuals with Disabilities Act (IDEA). If a student fails to demonstrate sufficient improvement with evidence-based academic and/or behavioral interventions of increasing intensity that are implemented with fidelity the possibility of initiating an evaluation under IDEA or Section 504 should be considered. The following forms are utilized when addressing a student who has significant academic and/or behavioral concerns impacting learning or whose parents are requesting a 504 plan because of a suspected or documented disability. PST 1-5 are completed prior to a PST meeting (PST 6-8).

• PST 1 is completed by the teacher and appropriate student services personnel as indicated in the PST manual. This serves to document a review of cumulative records.

• PST 2 allows school staff to document parent contacts regarding the area of concern and staff consultations. It is important the classroom teacher seek input and guidance from school personnel who are considered an expert in the area of reported concern.

• PST 3 is critical to document how the student is performing compared to expected benchmarks (i.e., above expectations, meeting expectations, below expectations) and is important in documenting whether the suspected disability is in fact impacting the major life activity of learning.

• PST 4 is utilized by teachers or other educators to identify implemented academic/behavior interventions and response to intervention.

• PST 5 is completed by the teacher or Section 504 Contact and submitted to the PST Chair with PST

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1-4 and other relevant paperwork after the area of concern impacting learning has been addressed through targeted interventions and a need for further assistance (and/or possible consideration of a Section 504 plan) is warranted.

• Once the PST Chair receives the PST 5 request, he/she will review the paperwork. If the items are appropriately completed, the Parent Input Form, PST Parent Invitation letter, and consent for vision/hearing are sent home. If additional information is needed, the PST Chair will notify teacher and/or Section 504 Contact.

• PST 6 is used to identify the problem (e.g., off task, not completing work) and to analyze why the problem is occurring.

• PST 6B is utilized when addressing students with behavioral concerns. When the suspected disability impacts learning and behavior (e.g., ADHD) it is particularly important to determine the function of the behavior to develop appropriate behavioral interventions. In these cases, it is important to complete the section under “Other Contributing Factors” whereby the team is asked to determine if there is documentation of a medical concern that may explain the behavior and the documented medical concern. The response to this section will help to determine if in fact a disability has been documented which may justify the need for a 504 plan. Parent consent is needed when completing PST 6B.

• PST 7 is utilized by teachers or other educators to identify implemented interventions and response to intervention.

• PST 8 is utilized by the Problem- Solving Team to determine recommendations, including the development of a 504 plan when a student meets 504 eligibility criteria.

For additional information regarding the PST process, refer to the Volusia County Schools Problem-Solving Team Manual, which can be found on the PST/RtI site. There are some circumstances when referral to the problem-solving team for the provision of interventions would be inappropriate. For example, for students with physical conditions (e.g., asthma, diabetes, hemophilia, sickle cell, heart defects, etc.) who are not demonstrating academic or behavioral difficulties.

If a student is found ineligible under IDEA the student may or may not be eligible under Section 504, because the student may not have an impairment but may be struggling for non-disability reasons. Once a student is found ineligible for ESE services, the student should be referred back to the Problem-Solving Team for consideration of whether the student’s difficulties are caused by a disability under Section 504 that is not recognized as a disability under IDEA.

It is important to note, any student receiving ESE services is also considered to have an impairment under Section 504.

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Referral A referral for Section 504 can be made by anyone; however, parents or teachers typically make these referrals. When a student is experiencing academic and/or behavioral difficulties, evidence-based interventions should be implemented in the targeted area of concern(s). If the student fails to demonstrate adequate progress after the evidence-based intervention is implemented with fidelity and for a sufficient amount of time, the PST team should discuss possible modifications to the intervention(s) and whether an evaluation (IDEA or Section 504) is warranted. The following are possible situations that may result in consideration of Section 504 eligibility:

• When a parent or teacher initiates a request

• When a disability is suspected

• When a student exhibits a chronic health condition

• When a student exhibits persistent academic, learning, or behavioral problems and traditional interventions and/or behavior management approaches have been ineffective

• When a student exhibits behavior(s) that result in suspension or expulsion and traditional behavior management approaches have been ineffective

• When a student is evaluated but not eligible for a disability under IDEA In the event the parent initiates a request for Section 504, an eligibility/ineligibility meeting must be held within a timely manner.

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Evaluation

School districts are required under Section 504 to individually evaluate a student suspected of having a disability and must obtain parental consent for an initial evaluation. An impairment in itself is not a disability because the impairment must substantially limit one or more major life activities (or bodily functions). Thus, there are no impairments that automatically qualify a student under Section 504. A medical diagnosis is one source of data to consider, but a medical diagnosis is neither required nor sufficient for establishing eligibility under Section 504. If the team, on the basis of existing evaluation data from a variety of sources, can make the required determinations without a medical evaluation, no medical evaluation is required. If medical information is deemed necessary to determine whether the student is 504 eligible, then the school district is responsible for providing the medical evaluation at no cost to the parent. If a parent makes a request for an evaluation for Section 504 and the team determines that the evaluation is not required, the parent must receive their procedural safeguards and indicate a refusal to evaluate. Additionally, if at any time the Section 504 team determines the student with a disability needs special education or related services to receive educational benefit, a special education referral should be initiated.

An evaluation under Section 504 is not a full and individual evaluation as required under IDEA. Only an evaluation sufficient to provide information to determine the existence of a disability under Section 504 need be obtained. However, it is important to complete an evaluation that addresses the suspected areas of impairment and how the impairments impact major life activities. It is reasonable for a Section 504 team to require less complex data review and assessments when making short-term services decisions for temporary impairments. Section 504 evaluations may consist of a review of cumulative folder and work samples; response to intervention data; direct observation; interviews with the student, parents, teachers, or other school personnel; the administration of assessment measures; and/or the administration of formal standardized instruments. To assist the team in determining if a student’s identified impairment substantially limits a major life activity or bodily function, data and information should also be obtained that allows the Section 504 team to compare the student to the general population. This may include group intervention data; class, school, and district averages on district assessments; discipline data for school; etc. Within Volusia County Schools, Section 504 initial evaluations should be completed within a timely manner after the district receives parent consent. Tests and other evaluation methods utilized in completing a Section 504 evaluation must meet the following criteria:

• Have been validated for the specific purpose for which they are used and are administered by trained personnel.

• Be tailored to assess specific areas of educational need and not merely those designed to provide a single intelligence quotient.

• Accurately reflect aptitude or achievement or whatever else the tests purport to measure rather than reflect the student’s impaired sensory, manual, or speaking skills (unless the test is designed to measure these particular factors).

Should a school district receive an outside independent evaluation, the information provided should be considered by the Section 504 team in addition to all other available data and information.

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Eligibility

Section 504 statutes require school districts ensure that the determination of eligibility be made by a group of persons with knowledge of the student, with an understanding of the meaning of the evaluation data, and knowledge regarding placement options. While Section 504 does not require that parents be part of the Section 504 group of knowledgeable persons involved in making eligibility decisions, Volusia County Schools’ policy is to invite parents to attend. As previously mentioned in this manual, Section 504 eligibility and the need for a Section 504 plan are separate determinations. A student can be technically eligible for Section 504 under Prong One, but not be eligible for services, including accommodations, because the impairment is in remission or improved due to the ameliorative effects of mitigating measures. For example, students eligible under Prong One due to impairments in remission who have no current need for services would not receive a Section 504 accommodation plan. If the student developed a need for services from the impairment in remission, or if the impairment were to come out of remission and generate a need for services, the 504 team would create an appropriate plan for the eligible student. Likewise, for the student whose current use of mitigating measures (e.g., medication) meets his/her needs as adequately as the needs as nondisabled students are met could qualify under Prong One (if the student is substantially limited after subtracting the positive impact of the medication), but no accommodation plan would be necessary if the mitigating measure (e.g., medication) removes the need for other accommodations and services. Students who are eligible under Prong One are not necessarily entitled to a Section 504 accommodation plan. Where no plan is needed (there is no disability need to be addressed or accommodated), the student is eligible and receives manifestation determination, procedural safeguards, periodic reevaluation (as needed), as well as the nondiscrimination protections of Section 504. Should the need for accommodations develop, the Section 504 team would reconvene and develop an appropriate Section 504 accommodation plan at that time.

Determination of whether an impairment substantially limits a major life activity or bodily function shall be made without regard to the ameliorative effects of mitigating measures. These include:

• 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; oxygen therapy equipment and supplies; use of assistive technology.

• Reasonable accommodations or auxiliary aids or services.

• Learned behavioral or adaptive neurological modification. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

*Low-vision devices are designed to magnify, enhance, or otherwise augment a visual image. To comply with this rule, the Section 504 team must first identify all mitigating measures currently in use for the benefit of the student. Once identified, the team must determine how the student’s impairment impacts the major life activity or activities at issue in the absence of each mitigating measure. For example, if the student is evaluated to determine whether her ADHD gives rise to eligibility and the student is medicated (and is the only mitigating measure), the team must determine whether the student’s impairment substantially limits a major life activity or major bodily function after subtracting the positive impact of the medication from the equation.

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If the student has been educated in the school without the medication, the team can look to performance data during the unmedicated time to determine the value of the mitigating measure. If the student does not take his medication during the summer months, the team can look to unmedicated time periods for insight into the impact of the medication.

Per OCR, Individual Health Care Plans (IHCP) (e.g., emergency care plan) are mitigating measures. When a student has one of these plans and is evaluated for Section 504 eligibility, the positive effects of the plan must be subtracted to determine whether the student is substantially limited. With regard to eligibility for impairments in remission, the Florida Department of Education District Implementation Guide for Section 504 (2011) states the key is whether the impairment in remission was substantially limiting when active. Thus, the Section 504 team must look back to the time when the impairment was not in remission (as opposed to looking at current data) to make the determination. Of course, if the school does not suspect that the student is disabled (and does not know of the impairment in remission) or the student does not demonstrate a need for services, the Section 504 duty to evaluate would not seem to apply and evaluation would only have to be considered based on parent referral.

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Parent Involvement in Section 504 Meetings

Parents are required to provide written consent for initial evaluation under Section 504, per OCR. If parent refuses consent for an initial evaluation and the school district believes a student has a disability, the school can use due process hearing procedures to seek to override the parents’ denial of consent. Best practice dictates that parents be invited to Section 504 meetings and participate, and substantial effort should be put forth to ensure parent participation in the process. However, parental consent is not necessary for Section 504 eligibility or for the provision of a Section 504 accommodation plan. The Section 504 team’s determination that a student needs certain accommodations and related services to ensure an appropriate public education establishes the district’s obligation to implement the needed accommodations and related services. If the student is eligible and in need of Section 504 services, the school district must provide notice to the parent, along with a copy of the Parent/Student Rights in Identification, Evaluation, and Placement under Section 504 of the Rehabilitation Act of 1973. Finally, the Section 504 team, not an individual member including the parent, makes eligibility decisions. Should the parent believe the student is eligible, despite a Section 504 team evaluation decision of ineligibility, the student is not eligible, and the team should provide the parent with the Section 504 Parent/Student Rights in Identification, Evaluation, and Placement under Section 504 of the Rehabilitation Act of 1973.

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The Section 504 Evaluation Process for Initial Eligibility

Student exhibits an academic deficit, behavior concern, and/or has a physical or mental impairment.

Teacher administers and reviews diagnostic information, speaks with parent(s), and consults with relevant school staff (which may include the

school’s Section 504 contact).

Intervention(s) are implemented and data collected. Teacher communicates with parent on progress and continues to consult with relevant staff (which

may include the school’s Section 504 contact).

Teacher submits PST 5 Request for Assistance once PST 1-4 is complete, if interventions were ineffective and/or student needs additional support.

PST Chair reviews PST 1-5. If complete, a PST meeting is scheduled, and vision/hearing screeners are completed. If not already done, the school’s Section 504 contact must consult with the district’s Section 504 contact.

Notify parents using the PST Invitation Letter and all relevant school personnel via Outlook, which may include a representative from the

district’s health services and/or transportation departments.

At PST meeting, complete PST 6-8 (and 6B for behavioral concerns) and make a team recommendation. Review and consider parent-initiated information.

If the PST team recommends consideration for Section 504 eligibility: ✓ The team completes the Section 504 Referral.

✓ Obtains consent for initial Section 504 evaluation. ✓ Provides parent with Parent/Student Rights.

✓ For students with a medical diagnosis, request a physician’s statement to document the diagnosis and possible educational implications, if

not already on file (see optional physician’s statement).

The team collects the additional data along with intervention implementation, which

may include classroom observations, behavioral/adaptive rating scales,

speech/language screener, functional behavioral assessment, academic

assessment, etc.

Conduct an eligibility meeting once all data is collected (see page 22).

For students with a physical impairment (e.g., diabetes, asthma,

cancer, etc.), but no academic and/or behavior concerns.

For students with a mental impairment, academic, and/or behavior concerns.

The Section 504 contact should request a physician’s statement to

document the diagnosis and possible implications directly affecting the student’s education (see optional

physician’s statement).

Once obtained, the Section 504 contact consults with the district

Section 504 contact.

At the meeting, the team obtains consent for initial Section 504

evaluation using the Notice/Consent for Section 504

Evaluation, provides parent with Parent/Student Rights, and

completes the Section 504 Initial Eligibility and Section 504

Individual Accommodation Plan (if warranted). See page 22 for

additional information.

Schedule the Section 504 eligibility meeting. Notify parents using the

Section 504 Parent Notice of Meeting and all relevant school personnel via

Outlook, which may include a representative from the district’s

health services and/or transportation departments.

If the team has sufficient data to make a Section 504

eligibility determination and all needed members are at the

table, the team can proceed with eligibility determination

(see page 22).

Teacher (or another school personnel) completes the Section 504 Referral and

gives to the school’s Section 504 contact.

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Scenarios:

• A student suffers from migraines. The student is academically on level; however, due to migraines misses school often and routinely checks out early from school. As a result, she has many missed assignments that must be made up when she is in school or go home for completion. On several occasions she has been unable to finish class assessments because of the onset of a migraine. The teacher notes when she does not have a migraine, she completes her work and assessments within the allotted time and has good attendance. This student would proceed through the Section 504 eligibility process, without going through the PST process.

• A student exhibits many anxious and nervous behaviors. He worries about storms, if his parents are going to die while he is at school, his grades, and germs. The teacher says he often interrupts teaching to express his concerns. When it rains outside he will often catastrophize the situation, stop working, and get under a nearby table. He will not come out until the rain stops. When his classmates sneeze he demands they wash their hands and clean their desk and will not stop until they comply. Due to these and other behaviors his grades are suffering. He is so focused on his worries he fails to listen to instruction and is not progressing academically. This student would proceed through the PST process.

• A student is diagnosed with asthma. The student rarely uses his inhaler, has no restrictions on physical activity at school from the doctor, but is struggling in reading acquisition. There are no attendance concerns and he is focused and tries his best. This student would proceed through the PST process.

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Conducting a Section 504 Eligibility Meeting

Before scheduling an eligibility meeting, be sure to have all needed information, which may include a physician’s statement, response to intervention data, sensory screening report results, direct observations, behavior rating scales, academic performance information, etc. The district Section 504 contact must be consulted prior to the Section 504 eligibility meeting. Invite parent using the Section 504 Parent Notice of Meeting and relevant school personnel via Outlook. Relevant school personnel include a registered nurse (RN) for students needing medical accommodations, a transportation representative for students requiring transportation within the two-mile walk zone, and the school psychologist for students with academic, attention, and/or behavior deficits. For team members without email, send a paper copy of the invitation. During the meeting:

• Introduce participants.

• Review the Section 504 Referral.

• Refer to the student’s cumulative file and all obtained information/data to complete the Section 504 Initial Eligibility form.

o Document evaluation data. o As a team answer the four eligibility determination questions.

• There are three outcome possibilities depending on the answers to the four questions. o A student will be found eligible and receive an accommodation plan.

▪ All committee members sign the Section 504 Initial Eligibility. ▪ Parent receives a copy and explanation of the Parent/Student Rights. ▪ A Section 504 Individual Accommodation Plan is written. ▪ Original forms are secured in a purple Section 504 folder. ▪ Information is entered in CrossPointe. ▪ Copies of the Section 504 Accommodation Plan will be distributed to the parent and

teacher(s) and other relevant personnel who will sign receipt. o A student will be found eligible and not receive an accommodation plan due to the student’s

impairment being in remission or the student’s needs being met due to the positive effect of mitigating measures.

▪ All committee members sign the Section 504 Initial Eligibility. ▪ Parent receives a copy and explanation of the Parent/Student Rights. ▪ Original forms are secured in a purple Section 504 folder. ▪ Information is entered in CrossPointe.

o A student will not be found eligible due to a lack of having an impairment, or the impairment does not substantially impact a major life activity or major bodily function.

▪ All committee members sign the Section 504 Initial Eligibility. ▪ Parent receives a copy and explanation of the Parent/Student Rights. ▪ The original eligibility form is placed in the cumulative folder.

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Section 504 Annual Review

Once a student is determined eligible for Section 504, an annual review should be held to determine 1) if the current accommodations are appropriate and/or need to be modified and 2) if a student who does not currently have a written accommodation plan needs to have one written. These decisions are based upon student need and data/information.

Enter pertinent information in CrossPointe, place original paperwork in the student’s purple file in the cumulative folder, and provide a copy of the accommodation plan (if one was written) to all relevant school personnel and parent. It is important for the school’s Section 504 contact be aware of the annual review date for students on campus. As such, they should pull the Section 504 report periodically throughout the school year (S714).

The school’s Section 504 contact invites relevant school personnel via Outlook and sends home the Section 504 Parent Notice of Meeting.

At the meeting, the team reviews data and information to determine if current accommodations are meeting the needs of the student or for those students without an accommodation plan if the student

continues to not need accommodations.

If the student needs accommodations, a Section 504 Individual Accommodation

Plan is completed. Provide parent with a copy of the Parent/Student Rights.

If the student does not require accommodations (e.g., mitigating measures are meeting the student’s needs), an accommodation plan is not written, but continues to be Section 504 eligible. Provide parent with a copy

of the Parent/Student Rights.

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The Section 504 Thee-Year Revaluation Process

A student’s needs can change frequently throughout the course of his/her education. The reevaluation requirement under Section 504 exists to assess those evolving needs. Reasons for reevaluation:

• When a student transfers to a new school and his/her environment changes.

• When a student’s behavior or grades shift dramatically.

• When a Manifestation Determination Meeting is held.

• When a Section 504 team reviews a student’s plan for possible dismissal due to improvements.

• Prior to a significant change in placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. As well as, transferring a student from one type of program to another or terminating or significantly reducing a related service.

Reevaluation is the process of gathering and reviewing information to determine:

• If a student continues to have a disability.

• The present levels of performance and educational needs of the student.

• Whether the student continues to need Section 504 accommodations.

• If any additions/modifications to the plan are needed to participate in the general curriculum. A student is reevaluated at least once every three years, or if a request is made by the student’s parent or teachers, or if other conditions warrant reevaluation. The due date of the reevaluation is by the third-year anniversary date of the most recent Section 504 Plan. It is important for the school’s Section 504 contact be aware of the reevaluation dates for students on campus. As such, they should pull the Section 504 reevaluation report periodically throughout the school year (S714). When conducting a reevaluation review, the Section 504 team will complete the Section 504 Reevaluation form. This team should include those who are familiar with the student, evaluation data, and placement options. This may include:

• The parent(s) of the student.

• School Section 504 contact.

• At least one regular education teacher of the student.

• School Psychologist.

• School/district personnel (health services, transportation, School Way Café, etc.).

• At the discretion of the parent, other individuals who have knowledge or special expertise regarding the student.

• The student, if appropriate (beginning at age 14, the student must be invited to the transition 504 meetings).

The team completes the Data Review section of the Section 504 Reevaluation form based upon a review of instruction and interventions being provided to the student and existing data, information provided by the parent(s), classroom assessments, progress monitoring, and observations by teachers and other service providers.

• If any of the questions are answered “yes,” indicating additional data is needed, written parent consent using the Notice/Consent for Section 504 Evaluation is obtained. Participants sign bottom of page 1, meeting is concluded, and reconvened once additional data is collected.

o Routine vision and hearing screenings are not required as part of the three-year reevaluation process. However, if there is a history of a sensory deficit, or a suspicion that such a deficit

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exists, screening and any necessary follow-up evaluations should be included in the reevaluation.

o Once all data needed is collected, the Section 504 team will reconvene to review the data. The parent will be invited to the meeting using the Section 504 Parent Notice of Meeting. The team will complete a new Section 504 Reevaluation form going through each question on page one and this time, continue to page 2.

o The team will answer the 4 questions based on the data at hand and make a continuation decision. There are five possible outcomes, depending on the answers to the four questions:

▪ A student may remain eligible and continue receiving accommodations with no changes to the plan.

▪ A student may remain eligible and continue receiving accommodations with changes to the plan.

▪ A student may remain eligible but will not receive accommodations due to the student’s impairment being in remission.

▪ A student may remain eligible but will not receive accommodations because the student’s needs are being met due to the positive effect of mitigating measures.

▪ Or, a student may be dismissed if there is no longer evidence of the impairment, the impairment no longer impacts a major life activity or major bodily function, or does not substantially impact a major life activity or major bodily function.

• If “no” is answered to all five questions listed in the Data Review section on page 1 of the Section 504 Reevaluation form, the student does not require additional assessment and the team will continue the reevaluation meeting and complete page 2 of the Section 504 Reevaluation form.

o The team will answer the 4 questions based on the data at hand and make a continuation decision. There are five possible outcomes, depending on the answers to the four questions:

▪ A student may remain eligible and continue receiving accommodations with no changes to the plan.

▪ A student may remain eligible and continue receiving accommodations with changes to the plan.

▪ A student may remain eligible but will not receive accommodations due to the student’s impairment being in remission.

▪ A student may remain eligible but will not receive accommodations because the student’s needs are being met due to the positive effect of mitigating measures.

▪ Or, a student may be dismissed if there is no longer evidence of the impairment, the impairment no longer impacts a major life activity or major bodily function, or does not substantially impact a major life activity or major bodily function.

If the parent refuses to provide consent for a three-year reevaluation, the district may consider requesting mediation or a due process hearing. If the parent refuses permission for reevaluation the following procedures will be implemented:

1. Inform the Director of ESE/Student Services of parent refusal of consent. 2. Conference with the parent to explain the benefits of the reevaluation and to address their concerns as

to why they are refusing consent for reevaluation. If the student continues to need services, a new Section 504 Individual Accommodation Plan will be completed, with copies being given to all school personnel working directly with the student. Enter in CrossPointe the outcome results from the meeting, new three-year reevaluation date (if warranted), and secure all updated original paperwork in the purple file folder for placement in the cumulative folder. Provide parent with a copy of the Parent/Student Rights, regardless of eligibility and a copy of the Accommodation Plan for eligible students.

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Transfer Students

OCR has stated when a student with a disability transfers to a district from another school district with a Section 504 plan, a team including the school’s Section 504 contact, and other appropriate personnel must review the plan and supporting documentation. If the team at the receiving school determines the plan is appropriate, the district is required to implement the plan. If the team determines the plan is inappropriate, the school must evaluate the student and determine an appropriate plan. There is no rule prohibiting the receiving school district from honoring the sending district’s plan during the interim period. Provide parents a copy of their Parent/Student Rights and sign the bottom of plan to acknowledge receipt, regardless of team decision.

When a student enters with a Section 504 plan from a previous district/state the registrar notifies the school’s Section 504 contact.

If the current Section 504 plan has not already been obtained, request a fax or paper copy of the plan along with any other relevant information/data.

Contact the District Section 504 contact to review obtained information.

Schedule a Section 504 meeting. Invite parent using the Section 504 Parent Notice of Meeting and school personnel using Outlook. Personnel from school health services and/or transportation may need to be invited.

Supporting documentation was

received and the transfer plan is

accepted. It will be implemented until next reevaluation. Sign and complete

the Section 504 Individual

Accommodation Plan, marking Interim Plan for transfer students.

Supporting documentation was

received, but transfer plan needs revision. Sign and

complete the Section 504 Individual

Accommodation Plan, marking

Interim Plan for transfer students.

Supporting documentation was received, but the plan is

NOT appropriate. Notice/Consent for Section 504 Evaluation is obtained,

and meeting concluded until reevaluation is completed.

Student remains eligible and a temporary plan is put in

place until the revaluation is complete. The PST process

is initiated to document interventions and response

to intervention. Consideration for suspicion of disability under IDEA may

be warranted.

A Section 504 plan from previous district/state was not received. The student

remains eligible with no accommodation plan until a reevaluation is completed. Notice/Consent for Section 504 Evaluation is obtained

and meeting concluded until further information is

collected. The PST process is initiated to document

interventions and response to intervention. Consideration

for suspicion of disability under IDEA may be

warranted.

Hold Section 504 meeting, during which the Section 504 Transfer Review form is completed.

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Examples of the four possible committee decisions:

• Supporting documentation was received and the plan from the previous school is accepted: o The previous school (or parent) provides a copy of the Section 504 eligibility paperwork,

accommodation plan (if one was written), and any other relevant paperwork.

• Supporting documentation was received from the previous school and the plan needs revision: o The previous school (or parent) provides a copy of the Section 504 eligibility paperwork,

accommodation plan (if one was written), and any other relevant paperwork; however, the plan includes a specific counseling program that is unavailable within Volusia County.

• Supporting documentation was received from the previous school and the plan is inappropriate: o The previous school (or parent) provides a copy of the Section 504 eligibility paperwork,

accommodation plan (if one was written), and any other relevant paperwork for services under ADHD; however, the student presents with autistic spectrum characteristics.

• A plan was not received by the previous school: o There is a note in student records indicating a Section 504 accommodation plan; however, the

Section 504 paperwork was not received. When the Section 504 Individual Accommodation Plan is completed, a copy of the plan is to be provided to the parent and all educational professionals working directly with the student. Have each educational professional working directly with the student sign and date the Section 504 Accommodation Plan Receipt form. The Section 504 contact should then provide the Section 504 paperwork for students who meet team decision 1 and 2 to the school’s data entry clerk (oftentimes, the school registrar or principal secretary) for entering in CrossPointe. Secure all original forms in a purple file folder and place in cumulative record. Recently, students have enrolled within Volusia County Schools from Texas with a Section 504 Plan for dyslexia. There is nothing within Section 504 statutes that prohibits a student from receiving services under Section 504 for dyslexia; however, consideration at the school should be made to determine if the student would best be served under IDEA. In these situations, the school should follow the procedures outlined on page 26.

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Temporary Section 504

Sometimes a student receives a physical impairment, such as a broken limb, that may interfere with functioning at school. When this occurs, the school should evaluate the student for Section 504 eligibility in a timely manner. The Section 504 team should consider the severity/impact the injury will have on the student at school and the duration of the injury. For example, is it the students dominate hand, does the student require the use of a wheelchair to navigate, or does the student require surgery and physical therapy for rehabilitation. Once the student is healed, the Section 504 team should reconvene to dismiss the student. Temporary impairments are not entered in CrossPointe but should be filed in a purple folder in the cumulative folder.

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Development and Implementation of a Section 504 Plan

Best practice suggests that an accommodation plan should address the educational impact of the identified disability or disabilities and the necessary accommodations and services necessary to facilitate access to education and other school activities in the least restrictive environment. The Florida Department of Education District Implementation Guide for Section 504 provides the following guidelines:

• To assure information is available from the family, parents should be invited and encouraged to assist in developing the plan.

• Services and accommodations must be based on information and data used in the evaluation and eligibility determination process (must be necessary).

• Services and accommodations must address the student’s identified disability to provide equal opportunity/access to activities available to the student’s nondisabled peers.

• The plan should indicate how, where, and by whom the services and accommodations will be provided.

• The plan may include self-management of health conditions in the school setting or school sponsored activities.

• The plan may include services and accommodations for the school building, classroom, or transportation; administrative adjustments; academic and instructional accommodations; and/or behavioral intervention and testing accommodations (must not provide an unfair advantage or compromise test validity but should facilitate accurate demonstration of knowledge and skills).

• Indicate whether the plan is an initial plan, a revised plan, or a continuation of an existing plan.

• Develop a monitoring system and assign responsibilities for implementation.

• Distribute copies of the plan to parents, teachers, and other appropriate responsible individuals. Make sure a copy of the plan is placed in the student’s records.

In general, a student identified as having a disability under Section 504 should be provided the same types of accommodations for both classroom assignments and assessments. If a student needs additional time to complete classroom assignments and tests on a regular basis and which has proven beneficial for the student, the student should also be allowed extended time for standardized tests. Accommodations for testing situations, both classroom and Florida Standards Assessment (FSA) or end of course assessments (EOC), must be addressed when developing the accommodation plan and the testing accommodations specified in the written plan. Allowable accommodations for statewide assessments can be found at: https://fsassessments.org/resources/accommodations/. Students with a Section 504 Accommodation Plan are ineligible for an FSA waiver for meeting high school graduation requirements.

The Florida Department of Education District Implementation Guide for Section 504 indicates Section 504 plans are not written for the sole purpose of providing accommodations on standardized testing. Reminder: Prior to registration for College Board Test (i.e. PSAT, SAT, ACT) inform parents of process to

request accommodations.

Common errors in Section 504 plan development and implementation per the Florida Department of Education District Implementation Guide for Section 504:

• Using a predetermined checklist and checking accommodations or services that are not necessary.

• Failing to match services and accommodations with student needs.

• Failing to provide copies and explanation of the plan to everyone responsible for implementation.

• Failing to conduct timely evaluations.

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• Writing vague plans.

• Providing minimal or no monitoring of the implementation of the plan.

• Failing to get school administration involved with monitoring of implementation.

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How to Complete a Section 504 Accommodation Plan

To write an accommodation plan:

1. Complete demographics at top of page. 2. Indicate type of plan: initial, annual review, three-year reevaluation, interim for transfer student, or

temporary. 3. Indicate duration of plan: begin date, end date (3 years or 6 months later, depending on whether it is a

temporary impairment). 4. Record any medical information provided in the designated area. 5. Indicate whether or not the student has an Individual Health Care Plan (IHCP), also known as an

emergency care plan. 6. Discuss as a team what accommodations are needed in the general education setting to assist the

student. Consider such things as physical arrangement of the classroom, assignment adaptation, assessment accommodations, organization, behavior, and medical.

7. Obtain signatures from all committee members. 8. Provide a copy and explanation of the Parent/Student Rights and acquire parent/guardian signature, if

in attendance. Give a copy of the plan to the parent and all educational professionals involved with the student. Document distribution of plan on Section 504 Accommodation Plan Receipt. Secure all original forms in a purple file folder and place in cumulative record and enter relevant information in CrossPointe.

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School-Based Accommodations

A student’s Section 504 accommodation plan should be individualized for their specific needs. As such, schools and Section 504 teams should refrain from having premade or cookie-cutter plans. Choose only those accommodations that are needed. Attempt to select low-level accommodations before moving to more supportive or high-level accommodations. If high-level accommodations are necessary, choose them with the goal of slowly removing them whenever possible. The objective should always be to provide support while encouraging growth with these strategies to foster independence and self-advocacy. The following accommodations are provided as examples. These are not an exhaustive list and not every accommodation is appropriate in every situation. Contact the district Section 504 contact for further assistance developing accommodations. Examples of accommodations:

• Teacher will take the initiative to privately and discreetly (do not draw peer attention to the student) send the student to a quiet, distraction-free room/area for quiet study time and/or testing session.

• Teacher will permit student to play with small objects kept in desk that can be manipulated quietly, such as a soft squeeze ball, if it is not distracting.

• Teacher will modify classroom and homework assignments to meet the student’s needs (e.g., student does every 2nd or 3rd problem or have the student use a timer and draw a line across the homework page at the end of 15 minutes of sustained work).

• Teacher will allow the student extended time up to X% to complete quizzes, tests, exams, and other skill assessments.

• Teacher will instruct the student how to scan a large text chapter for key information, and how to highlight important selections.

• Teacher will instruct the student in mnemonic strategies to aid memory formation and retrieval in the following area(s) _______.

• The school will provide the student with career planning assistance (specify how often).

• The physical education teacher will adapt the physical education curriculum for the student as follows (specify).

• Teacher will assist the student to set clear timelines and establish how much time he or she needs to accomplish each step.

• Teacher will gain student’s attention before giving directions using alerting cues.

• Teacher will list and/or post and say aloud all steps necessary to complete each assignment.

• Teacher will give advance warning when a transition is going to take place and give any expectations for the transition.

• Teacher will tell student the expectation of what paying attention looks like (e.g., I know you are paying attention when…).

• Teacher will use a contract or timer for self-monitoring.

• Teacher will allow alternative methods for student response.

• Establish social stories for skill deficit areas to be provided to the student. If the student has a medical disability, the following accommodations may be appropriate, depending on the needs of the student:

• The school will provide in-service (specify) to the following staff (specify) regarding the following medical conditions (specify).

• Allow time for shots / clinic appointments.

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• Adapt physical education curriculum during high pollen time.

• Train for proper dispensing, monitoring, and distribution of medications and monitoring for side effects.

• Provide a rest period during the day.

• Arrange for assistance carrying materials and supplies (e.g. books, lunch tray, etc.).

• Allow extra time between classes.

• Provide locker assistance.

• Provide for accommodations for writing tasks: a note taker, copies of notes, computer or tape recorder, etc.).

• Make available access to wheelchair / ramps and school van / bus for transportation.

• Monitor special dietary considerations.

• Implement a crisis intervention plan for extreme cases where student is out of control and may do something impulsive or dangerous.

• Provide educational counseling on _____ basis by _____.

• Assistive technology devices.

• Ensure that bathroom facilities, sinks, water fountains are accessible.

• School district will provide bus transportation for the student (must invite a representative from transportation to determine if student meets criteria).

• Ensure delivery of instruction facing the student to allow lip reading.

• Provide paper/pencil/slate/technology to write or draw responses or requests.

• Facilitate acquisition of TDDs and related assistive technology.

• Snacks/meals when and wherever necessary.

• Free access to water and bathroom.

• Educate staff to signs/symptoms of insulin reaction / hypoglycemia (e.g. hunger, shakiness, sweatiness, change in face color, disorientation, drowsiness, etc.).

• Provide assistance to walk to the clinic if the student is feeling poorly.

• Create an emergency signal with office to alert health personnel when they need to come to the child.

• Maintain clean change of clothing at school in the clinic or alternate location.

• Anticipate process should a seizure occur: Move seating / clear space during seizure, do not insert objects into student’s mouth during seizure, administer no fluids if student is unconscious, turn unconscious student on side to avoid aspiration, provide rest time, accommodate return to academic demands following seizure, etc.

• Copies of text/reading materials for adaptation (e.g. enlarged type, etc.).

• Raised lines on writing paper.

• Low vision devices including magnifiers, monocular glass, closed-circuit TV.

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Distribution of Plan Any time a Section 504 Plan is written or revised, a copy of the plan needs to be distributed to all faculty and staff who work with the student. The accommodation plan for a student with severe allergies, asthma, diabetes, or seizure disorders would be distributed to the student’s teachers, as well as other staff at school, as needed. Additional staff may include cafeteria staff, health paraprofessionals and/or bus drivers. Teachers with Section 504 students also need to keep a copy of the plan in a designated folder for substitute teachers on the occasions when the teacher is not present. Compliance with the plan is not an option. All staff who have an identified Section 504 plan student must adhere to implementing all accommodations noted in plan. At the beginning of each semester (if student changes courses), when a plan is updated, the student is transferred to a new class, or as a student is newly identified as Section 504 eligible, a copy of the written plan must be distributed to all faculty and staff who work with the student within 2 working days. The Section 504 Accommodation Plan Receipt must be completed and signed by each professional involved with the student. The school’s Section 504 contact will hand-deliver a copy of the plan, obtain signatures, and explain the expected accommodations. Once all copies are distributed and signed for, the original paperwork will be secured in the student’s purple Section 504 plan folder inserted in the cumulative folder.

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The Section 504 Dismissal Process

Just as a student can be dismissed from special education, so too can a student receiving Section 504 services. Dismissal is the process that is a result of a reevaluation review. Dismissal may occur for several reasons:

1. A student may qualify for Exceptional Student Education (ESE) services; therefore, the Section 504 Plan would be dismissed at the eligibility staffing.

2. A student may have a temporary impairment (i.e., broken arm), which when healed would need to be dismissed, not to exceed six months.

3. When the reevaluation team recommends dismissal from Section 504 based on a variety of data. In the first two situations mentioned above, a Section 504 dismissal team meeting would not need to occur. When a student is reevaluated and recommended for dismissal from Section 504 (the third situation mentioned above), it is important to offer alternatives to parents. The team may ease parents’ concerns by coming up with an intervention plan and agreeing to evaluate the student’s progress in six to eight weeks. Ask parents to monitor the student’s success during this period by checking grades and homework. Parental consent is not required for dismissal. A dismissal should not occur based solely on parent request, student non-attendance, or mastery of short-term curriculum objectives.

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Section 504 and CrossPointe The school’s designated data entry clerk (oftentimes the registrar or principal secretary) is to be provided with Section 504 paperwork from the school Section 504 contact to enter and update Section 504 plan records (panel Z710). To enter an initial placement, type in the student’s ALPHA ID in the student ID field and click SELECT. Complete plan date, date, misc, and plan type. Click SAVE. Misc is for FCAT/FSA administered indicator (change this field if student has special testing instructions)- 0 for regular (default), 1 for alternative assessment, and 2 for with accommodations. Plan type will be P (initial placement). To enter a Section 504 Plan Review or Dismissal Record go to panel Z710. Type in the student’s ALPHA ID in the student ID filed and click SELECT. Complete plan date and click SELECT. The three-year reevaluation date will default. Complete misc and plan type. Misc is for FCAT/FSA administered indicator (change this field if student has special testing instructions)- 0 for regular (default), 1 for alternative assessment, and 2 for with accommodations. Plan type options are R for review and D for dismissal. Click SAVE.

Panel Z711 can be used to view a summary of the student’s Section 504 Plan information. In addition, Panel S702 (Program Summary) will also provide information regarding Section 504. It is recommended Panel S714 (Rosters) be pulled at the start of the school year, mid-year, and towards the end of the school year to identify students who have an approaching three-year reevaluation and/or annual review date.

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If you or the school’s data entry clerk have never run S714, you will need to create the report. To do this, enter the information you see in the screen below. You will need to change the year and school number accordingly. Once you fill in the information, select add under Action and then save. Most likely, you will need to do this for a second time. When ready to run the report, go to S714, select 504 report, and select Submit. You will receive an email with the list of students for your school who have an active Section 504 plan.

Refer to the Technical Assistance Paper released by Technology Services & Innovation on how to enter/update Section 504 Plan records for further information.

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Section 504 Completion Checklist

Use the Section 504 Completion Checklist to ensure all Section 504 requirements have been met and forms complete. Tape or staple the checklist to the front cover of the student’s Section 504 folder for easy reference.

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Section III

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McKay Scholarship Any parent of a public school student with a disability who has an Individual Education Plan (IEP) or a Section 504 Accommodation Plan may receive a McKay Scholarship, if the student meets certain requirements. The school district is required to provide a notice to parents within 10 days of the development of a Section 504 plan, alerting them of the option of accessing the McKay scholarship. This notice can be found on the following forms: Section 504 Parent Notice of Meeting, Notice/Consent for Section 504 Evaluation, Section 504 Initial Eligibility, Section 504 Reevaluation, Section 504 Transfer Review, and Section 504 Individual Accommodation Plan. The district is also required to provide an annual notice to parents by April 1 of each year informing them of their school choice options. Students eligible for a temporary Section 504 plan in duration of six months or less are not eligible for the McKay Scholarship. Refer to the following link for additional McKay Scholarship information: http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/

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Grievance Procedure

The following procedures come from the Support Services Policies, Number 508, effective July 28, 2009

1. General Provisions a. The purpose of this grievance procedure is to promote the prompt and equitable resolution, at

the most accessible supervisory level, of issues that may arise out of the administration of the school board policy, state law and/or federal law.

b. Issues that are covered by a collective bargaining agreement shall be filed and processed under the collective bargaining agreement that is applicable to the employee filing the grievance. Disputes not covered by the collective bargaining agreement, but arising from school board policy, state law and/or federal law shall be filed and processed under this procedure.

c. Use of this grievance procedure shall not prohibit individual who believe their rights under state

law and/or federal law have been violated from seeking redress from other sources.

d. Notice of the availability of this grievance procedure for the processing of grievances as defined by this policy shall be provided to employees, applicants for employment, students applicants for admission, parents, bargaining units and the general public.

e. Allegations of harassment in violation of adopted school board policy shall first be investigated

under school board policy 509. If an individual has exhausted the procedure set out in school board policy 509, but believes that appropriate redress under that policy, state law, and/or federal law has not been provided, then the individual may file a grievance under this policy with 20 days of the receipt of the findings under school board policy 509. All other allegations of violations of school board policy, state law and/or federal law shall be filed and processed under this policy.

f. A grievance may be withdrawn by the grievant at any time and at any step of this procedure.

g. A grievant shall be responsible for any fees and expenses incurred by the individual while

processing the grievance. The administration’s cost incurred in processing the grievance shall be paid by the school district.

h. The time limits established in this policy are the established maximum time available, and can

only be extended by mutual written agreement of the parties. The failure to initiate or appeal a grievance within the time limits set out in this policy shall be deemed a waiver of the grievance. The failure at any step of this procedure to communicate the decision on the grievance within the specified time limit shall permit the grievant to proceed to the next step of this grievance procedure.

i. No reprisals of any kind shall be taken by the school board or any school board employee

against any individual because of his or her participation in this grievance procedure.

j. If a grievance includes an allegation of harassment in violation of school board policy 509 and/or discrimination in violation of school board policy 507, the grievant may also contact the equity officer for the school district, who shall consult with the grievant regarding the allegations and the use of the grievance procedure.

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k. In the event a grievance governed by this policy expressly alleges discrimination or harassment

by a particular district employee, that district employee shall not conduct the grievance meeting, but an alternative reviewer will be assigned by the superintendent or designee.

2. Student Education Grievance Procedure

a. Definition

i. Grievance: (a) An allegation that a student’s rights under school rule, school board policy, state law, and/or federal law have been violated; (b) An allegation that a parent’s or guardian’s rights under school board policy, state law, and/or federal law relating to the education of a child over whom he or she has responsibility has been violated.

ii. Days: Work days as defined under the school district’s twelve-month calendar.

iii. Grievant: Either a student enrolled in the Volusia County School District, or the parent or guardian of a student enrolled in the Volusia County School District.

b. Procedure

i. Step One- Within twenty (20) days of the event which gave rise to the grievance, the student and/or the student’s parent or guardian shall meet with the school principal to resolve the matter informally. The grievant shall inform the principal that the meeting is for the purpose of initiating the grievance procedure. A student and/or the student’s parent or guardian may choose to first contact the equity officer regarding the grievance prior to meeting with the school principal. If such contact occurs, the twenty (20) day period set out in this step shall be extended to thirty (30) days. Within five days of the meeting, the principal shall provide the grievant with a written response to the issues raised. The principal shall include a grievance form with the response to the student and/or the student’s parent or guardian. The principal shall complete the applicable portions of the form and acknowledge the date on which the conference occurred.

ii. Step Two- If the grievant is not satisfied with the results of his or her meeting with the principal, the grievant may advance the grievance to step two of this grievance procedure. To do so, the grievant must, within ten days after receipt of the response from the principal, file a copy of the grievance form with the area superintendent responsible for the school. The grievant shall be responsible for completing the sections of the form requiring a statement of the grievance and the facts involved, the remedy requested, and the school rule, school board policy, state law and/or federal law that is alleged to have been violated. The grievance form must be complete at the time it is filed. The area superintendent shall discuss the facts and the applicable school rule, school board policy, state law, and/or federal law raised by the grievance with the grievant. The area superintendent shall contact the school principal to ascertain the principal’s position on the issues raised by the grievance. The area superintendent shall also have the authority to, while maintaining required student confidentiality, discuss the grievance with other individuals who may provide relevant information. While the grievance meeting is not a trial and the rules of civil procedure and evidence do not apply, the grievant may present witnesses and evidence at the meeting in support of his

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or her grievance. The area superintendent shall render a decision within fifteen (15) days of receipt by certified mail, return receipt requested. A copy of the decision will also be sent to the school principal. Any determination involving an alleged violation of a school rule shall be considered final and may not be further advanced.

iii. Step Three- If the grievant is not satisfied with the area superintendent’s decision, the grievant may advance the grievance to step three of this grievance procedure, providing the grievance relates to school board policy, state law, and/or federal law. To do so, the grievant must, within ten days of receipt of the area superintendent’s decision, file a written request for an informal hearing with the area superintendent. The area superintendent shall forward the request for informal hearing to the superintendent, who shall designate a hearing officer. The hearing officer shall schedule the date, time, and place for the informal hearing. The grievant, the area superintendent, and the school principal shall be present. The hearing officer and superintendent may establish additional rules for the conduct of this informal hearing, provided these additional rules do not conflict with this policy. These rules must be written, published, and made available to the grievant and administration prior to any informal hearing. The grievant and the administration have the right to be represented by counsel. Should the grievant choose not to be represented by counsel, another person of their choice may accompany him or her. The parties will be called upon by the hearing officer to state their position on the issues raised by the grievance. The parties may choose to present witnesses who have personal knowledge of the facts. However, the informal hearing is not evidentiary and does not include any right to subpoena or to cross-examination, nor shall any transcript be kept. The hearing officer shall render a written decision within ten (10) days of the close the hearing. A copy of the decision shall be sent to the grievant by certified mail, return receipt requested. A copy of the decision shall also be forwarded to the school principal, the area superintendent, the equity officer, and the superintendent. The hearing officer’s decision shall be considered final action. However, the superintendent shall have the authority to amend the decision when, in his or her sole discretion, the superintendent believes such amendment is appropriate under school board policy, state law, and/or federal law. The superintendent shall have the discretion to establish the process for such amendment.

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Filing a Complaint with the Office for Civil Rights

A parent may file a Section 504 Complaint with the Office for Civil Rights (OCR). To do so, they should write a letter to the following address.

The United States Department of Education Office for Civil Rights, Region IV 61 Forsyth Street, S.W. Suite 19T10 Atlanta, Georgia 30303 (404) 974-9406

The letter should contain as much detail and information as known regarding the incident or activity that is the basis of the complaint and it must be filed within 180 calendar days of the alleged violation. Refer to the U.S. Department of Education, Office for Civil Rights website for additional information: https://www2.ed.gov/about/offices/list/ocr/index.html?src=oc

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Disciplining Students with Disabilities

As part of the antidiscrimination provisions of Section 504, students with disabilities cannot be excluded from school solely based on disability. To exclude a student from school or school activities for behaviors that are caused by or based upon a disability could be discriminatory. Because many students who are disabled in the school district are eligible for and receive ESE services, the procedures to be followed when disciplining them are generally those that are utilized by the ESE department in accordance with IDEA. However, there may be some students who are not covered under the IDEA who are entitled to the protections of Section 504 and cannot be discriminated against when disciplined for violations of school rules. Therefore, when a student is going to be excluded from school for more than ten (10) school days consecutively or for more than ten (10) days cumulatively in the same school year, it is important the school-based Section 504 committee ensure no discrimination has occurred in the discipline process by conducting a proper manifestation determination to determine if the misconduct is related to the student’s disability.

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Change in Placement

When the exclusion through out-of-school suspension of a student with a disability that is permanent, for an indefinite period of time, or more than 10 consecutive school days, OCR generally considers the exclusion to be a significant change in placement. The Florida Department of Education District Implementation Guide for Section 504 (2011) indicates that a series of out-of-school suspensions within a school year that exceeds 10 cumulative days may create a pattern of exclusions that OCR would consider to constitute a significant change in placement. An in-school suspension may constitute a significant change in placement if it results in the interruption in the services or educational program that the district must provide to the student with a disability under Section 504. The critical question is whether the student in in-school suspension is denied educational services during the period of suspension or denied accommodations, aids, or related services as specified in the student’s Section 504 plan during the in-school suspension time.

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Manifestation Determination for Students Eligible for Accommodations under Section 504

A student with disabilities may not be suspended for more than ten days without a manifestation determination meeting. The determination regarding whether the misconduct was caused by the disability is made by the Section 504 team. Technically, a manifestation determination is a reevaluation; however, the Section 504 Reevaluation form will not be used in this instance. The evaluation data reviewed should be documented on the Manifestation Determination for Students Eligible for Section 504 form and should include recent evaluation data that provides an understanding of the student’s current behavior. Parents should be invited to the manifestation meeting (Section 504 Parent Notice of Meeting). After the meeting, parents receive copies of all documentation generated at the meeting along with a copy of the Parent/Student Rights. In addition, original documents are placed in purple file within the cumulative folder. If the Section 504 team determines the student’s behavior was not a manifestation of his/her disability, the student can be disciplined as a non-disabled peer would be for the same infraction. However, if the team determines it is a manifestation of his/her disability, the change in placement may not occur.

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Drug and Alcohol Offenses

Illegal Drug Use Section 504 was amended in 1990 to provide an exclusion from eligibility for individuals currently engaged in the illegal use of drugs. Under Section 504, a student who is currently engaged in the illegal use of drugs is not considered a qualified individual with a disability and, thus, is not eligible under Section 504 (29 USC 705 (20)(B); Letter to Zirkel, 22 IDELR 667 (OCR 1995). Since a student who is currently engaging in the use of illegal drugs is not considered a student with a disability under Section 504, that student can be disciplined in all instances under the LEA’s regular code of student conduct discipline procedures, even if the student has a drug addiction, so long as the team can show that the student who is disabled by conditions other than drug or alcohol abuse is currently using such substances. Note that such an exclusion does not apply to students with IEPs. Illegal Drug Possession Possession of illegal drugs does not result in a loss of protections unless the Section 504 eligible student is also currently using drugs or alcohol. For example, if a school finds illegal drugs in the locker of a student with ADHD, they may discipline that student as if he had no disability only if the school can also show that the student is currently using drugs. Otherwise the school must provide procedural protections to determine, among other things, whether the misbehavior was a manifestation of the disability. Alcohol A student with alcoholism may be eligible for protection and services under Section 504 if his impairment substantially limits one or more major life activities. Pinellas County (FL) Sch. Dist., 20 IDELR 561 (OCR 1993) establishes eligibility under Section 504 on the basis of addiction to alcohol where parents presented evidence that the student's addiction to alcohol was a mental disability requiring psychological treatment and the student's ability to perform major life activities was substantially limited when he was under the influence of alcohol. While the language of 29 U.S.C. 705(20)(C)(iv) does not specifically reference alcohol use, the Office of Civil Rights (“OCR”) addressed the issue in Staff Memorandum, 17 IDELR 609 (OCR 1991). OCR broadly interpreted the code as applying to drugs or alcohol, finding that a student currently engaged in the use of alcohol is not protected under Section 504 when the disciplinary actions are based on the student’s current use of alcohol.

Pinellas County (FL) Sch. Dist., 20 IDELR 561 (OCR 1993), upheld the expulsion of a student for alcohol-related offenses that occurred on the school campus. Even though OCR agreed with the parents that the student's misconduct was disability-related, it determined that a student who is currently using alcohol can be disciplined in the same manner as any other student, regardless of whether that student is disabled on the basis of alcoholism.

Thus, for a student with a disability who is currently engaged in the illegal use of drugs or alcohol, a school district may take any disciplinary measure pertaining to the use of illegal drugs or alcohol as is taken for students without disabilities. A manifestation determination procedure is not required. However, a student with a disability who is not currently engaged in the illegal use of drugs or alcohol who commits a drug/alcohol offense, such as possession, sale or distribution of alcohol or drugs, is afforded Section 504 and ADA protection, including the right to a manifestation determination hearing to determine whether the behavior is related to the disability.

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Weapons and Serious Bodily Injury Offenses

School personnel are authorized to take disciplinary action if the student carries or possesses a weapon or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or LEA. The language in the ban concerning weapons remains as it has been since 1997. Students can be removed immediately for up to 45 school days without regard to the direct connection between disability and behavior, but the manifestation process must still take place. If the behavior is determined to be a manifestation of the disability, the Section 504 team will need to conduct a functional behavioral assessment and develop a behavior intervention plan (BIP) through the PST process. If it is determined that the behavior is not a direct result of the disability, the student is subject to the same consequences as would be applied to a student without a disability and removal can exceed 45 school days as long as the term is consistent with that applied to a nondisabled student committing the same infraction.

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Bus Suspensions

According to OCR, bus suspensions are not counted as suspension days when they do not prohibit attendance at school and when bus transportation is not covered by the student’s Section 504 plan.

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Expulsion

Expulsion of a qualified Section 504 student constitutes a change in educational placement. For this reason, the following procedures shall be followed:

Behavior NOT a manifestation

Behavior IS a manifestation

Student violates a school board policy resulting in consideration for the disciplinary action of expulsion.

Principal or his/her designee notifies Director of ESE/SS and an information packet is

compiled that includes academic performance, discipline record, summary of offense(s), student’s Section 504

Individual Accommodation Plan, FBA/BIP (if available), any evaluation results, any other relevant information.

The school’s Section 504 contact will schedule and conduct a Manifestation

Determination meeting.

Proceed with district expulsion or alternative

disciplinary action procedures.

The team should consider: ✓ Readdressing the Section

504 Accommodation Plan. ✓ Referring to the Problem-

Solving Team. ✓ Obtaining consent and

completing a Functional Behavior Assessment (FBA).

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Guidelines for the Use, Documentation, Reporting and Monitoring of Seclusion and Restraint with Students with Disabilities (Section 504 and Exceptional Student Education Students)

In 2007, the Bureau of Exceptional Education and Student Services (BEES) convened a workgroup composed of school officials, agency representatives, parents, advocates, and other interested parties to provide information and make recommendations to the Bureau to address the use of restraint with students in special education programs. Legislation passed during the 2010 session established documentation, reporting, and monitoring requirements on the use of seclusion and restraint for students with disabilities (future reference to students with disabilities encompasses Section 504 and Exceptional Student Education). It is the intent of the Bureau to provide guidance for reviewing and implementing local policies and practices on seclusion and restraint and to accurately implement the requirements within the new law concerning documentation, reporting, and monitoring their use. There are concerns among students, educators, and parents about the use of seclusion and restraint with students in special education programs. These concerns include: the use of seclusion and restraint when less intrusive measures are preferable; lack of adequate training for staff; inadequate documentation of seclusion and restraint procedures; failure to notify parents when seclusion and restraint are used; and failure to use data to further analyze/address the function of precipitating behavior(s). Florida schools should ensure that students are treated with respect and dignity in an environment that provides for the physical safety and security of students and staff. There are instances in which students pose a threat to the safety of themselves or others. The purpose of seclusion and restraint is to prevent injury to self and/or others; they are not to be used to punish a student, or as a deterrent, or to “teach a student a lesson.” It is important to recognize that the use of seclusion and restraint may have an emotional impact on students. Therefore, it is important that such interventions be used only in emergency situations when an imminent risk of serious injury or death to the student or others exists, and in a manner that conveys respect for the dignity of the student. What are the statutory provisions that relate to the use of seclusion and restraint in public schools? House Bill 1073 was passed during the 2010 Legislative Session, creating section 1003.573, Florida Statutes (F.S.), Use of seclusion and restraint on students with disabilities. This statute creates documentation, reporting, and monitoring requirements for the use of seclusion and restraint on students with disabilities. These requirements were effective July 2010.

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Comparison of Documentation & Reporting Requirements for Restraint/Seclusion

Timeline General Education Student Student with Disability (ESE or Section 504)

Day of Incident -Reasonable attempts to notify parent by telephone

-Reasonable attempts to notify parent by telephone &/or email -Send Notification of Use of Manual Physical Restraint (Form #2010059) to parent/guardian -File copy in student’s ESE Audit (Pink) or Section 504 Folder

Within 24 Hours of End of Incident

-Complete Report of Use of Manual Physical Restraint (Form # 2007194) -DO NOT report in FLDOE’s Web-based system

-Complete Report of Use of Manual Physical Restraint (Form # 2007194) -Enter contents of Report of Use of Manual Physical Restraint (Form # 2007194) as DRAFT in FLDOE’s web-based system

Within 24 Hours or Soon Following

Incident

-Enter incident in CrossPointe/Discipline section (Panel 273-Student Record) -File completed Report of Use of Manual Physical Restraint (Form # 2007194) in student’s Discipline File

-Enter incident in CrossPointe/Discipline section (Panel 273-Student Record) -File completed Report of Use of Manual Physical Restraint (Form # 2007194) in student’s Work Folder in classroom.

After 5 Days of Sending Notification

of Use of Manual Physical Restraint to Parent/Guardian of student w/Disability

N/A -If not returned, make reasonable attempts to obtain signed parent/guardian acknowledgement of receipt of Notification of Use of Manual Physical Restraint (Form # 2010059) -File in student’s ESE Audit (Pink) or Section 504 Folder

Within 3 Days of the End of the Incident

N/A -Finalize DRAFT of Restraint Incident Report entered in FLDOE’s Web-based system -Complete Cover Letter (Form # 2010060), print copy of FINAL Restraint Incident Report from FLDOE’s web-based system, & mail both to parent/guardian -File copies of Cover Letter & FINAL Restraint Incident Report from FLDOE’s web-based system in student’s ESE Audit (Pink) or Section 504 Folder

After 5 Days of Mailing/Providing Incident Report to

Parent/Guardian of Student w/Disability

N/A -Make reasonable attempts to obtain signed parent/guardian acknowledgement of receipt of copy of FINAL Restraint Incident Report from FLDOE’s web-based system if not returned -File in student’s ESE Audit (Pink) or Section 504 Folder

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Section 504 and Hospital/Homebound, Gifted, and Speech Only Hospital/Homebound Hospital/Homebound students who had an active Section 504 plan at time of eligibility who still come to school for part of the day will continue to have both an active Section 504 and an active IEP. If a Hospital/Homebound student had an active Section 504 plan at time of eligibility and is on Hospital/Homebound full time, the Section 504 is no longer active; however, would need to be reinstated upon reentry into school. Gifted A student participating in the gifted program who has been determined to have a physical or mental impairment which substantially limits a major life activity is protected under Section 504. The student will receive the classroom accommodations through a Section 504 plan. If those classroom accommodations require test accommodations in the educational setting those accommodations will be allowed for standardized tests. A student within the gifted program who is also Section 504 eligible will have an Educational Plan (EP) and a Section 504 Accommodation Plan. The EP will need to indicate the student has an active Section 504 Plan. Speech Only A student who has an active Individual Education Plan (IEP) for speech only services who is determined to have a physical or mental impairment which substantially limits a major life activity is protected under Section 504. The student will not have an IEP and a Section 504 Accommodation Plan as the Section 504 accommodation will be documented on the student’s IEP.

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Post-School Planning for Section 504 Qualified Students

Although there are no specific or regulated transition planning requirements for students who are Section 504 qualified, it is essential to remember that all students benefit from organized planning for life’s transitions. Students who are Section 504 qualified and not IDEA eligible may need assistance in the following areas:

• Post high school instruction or career planning

• Employment

• Community access or experience

• Post school adult living

• Agency linkages IDEA 2004 created a requirement for schools to help students with an IEP to make a smoother transition to post-school employment or education. Schools must provide a “summary of performance” to students whose special education eligibility is terminating due to either graduation from secondary school with a regular diploma, or to exceeding the age for services in their state. This summary must include information on the student’s academic achievement and functional performance and include recommendations on how to assist the student in meeting postsecondary goals. Congress intended for this summary to provide specific, meaningful, and understandable information to the student, the student’s family, and any agency, including postsecondary schools, which may provide services to the student upon transition. While schools are not required to conduct any new assessments or evaluations to provide the summary, students and their parents should expect the information provided in the summary is adequate to satisfy the disability documentation required under other federal laws, such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. While a student’s summary of performance is not part of the transition planning process, Section 504 teams should discuss it prior to termination of special education services to ensure the information provided in the summary will, in fact, sufficiently satisfy any requirements connected with the student’s post-school goals. Legal protections afforded by the Section 504 plan change after the student graduates from high school. Two important pieces of federal legislation, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act protect the education and employment rights of people with disabilities. Provisions of the ADA include extending the concepts of Section 504 to all activities of state and local governments, including education and employment. Under Section 504, students must meet the essential qualifications for admission to post-secondary education programs and compete for openings with non-disabled students. However, many schools have adopted special admission policies in regard to otherwise qualified students with disabilities.

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Related Services

A student may receive related aids and services under Section 504 if such services are necessary to provide a free appropriate education. Under Section 504, FAPE includes any related aids and services designed to meet the individual student’s needs to the same extent as the needs of students without disabilities are met. The Section 504 team under the direction of the Section 504 contact, are responsible for determining the need for related services at the time that accommodations are determined subsequent to an eligibility decision being made. Needed related services must be documented on the Section 504 Accommodation Plan. Related services are not explicitly defined in Section 504; however, technical assistance from OCR indicates related services refer to developmental, corrective, and other supportive services, including counseling, physical recreational athletics, transportation, health services, recreational activities, and special interest groups or clubs to name a few. If a student’s disability is severe enough to require related services, the Section 504 team should review all available data and decide if more data is needed to determine if the student meets eligibility criteria for a disability category under IDEA.

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Service Animal Guidelines

In 2011, ADA Title II regulations went into effect requiring school districts to have policies and procedures in place to address requests for service animals. Service animal is defined as: Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition. It is important to note; a service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether, or the use of such would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). A public entity is not responsible for the care or supervision of a service animal. A public entity cannot ask about the nature or extent of a person’s disability but may make two inquiries to determine whether an animal qualifies as a service animal. Those questions are whether or not the animal is required because of a disability and what work or task the animal has been trained to performed. These questions are unwarranted if it is obvious of the function of the service animal (e.g., the dog is seen guiding a person with low vision, or pulling a wheelchair, etc.). The ADA has also allowed these guidelines to pertain to miniature horses. Refer to http://myvolusiaschools.org/hr-equity/Pages/Service-Animals.aspx for specific guidelines and procedures.

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Process for Transportation Request for a Student Within Two-Mile Walk Zone

When a parent requests transportation for a child within the two-mile walk zone due to a physical impairment and provides the following information to the school:

• Letter from the physician, and/or

• Emergency care plan If the student is already Section 504 eligible: Convene a Section 504 meeting, which should include a transportation representative, to ask the following questions:

1. Does the student’s medical condition have an impact on his/her educational setting? 2. Are accommodations relevant to medical condition provided to the student during his/her educational

setting? 3. Does the medical condition substantially limit a major life activity (walking, speaking, seeing, hearing,

breathing, caring for one’s self, performing manual tasks, etc.)? If a no response applies to any of the above questions, then the request for transportation within the two-mile walk zone will be denied. If the team can answer yes to all the questions, the Section 504 team will include within the accommodation plan all necessary accommodations necessary to meet the needs of the student, including transportation. If the student is not already Section 504 eligible: Refer student to Section 504 team, which should include a transportation representative. The team will address eligibility/ineligibility for Section 504 and ask the following questions:

1. Does the student’s medical condition have an impact on his/her educational setting? 2. Are accommodations relevant to medical condition provided to the student during his/her educational

setting? 3. Does the medical condition substantially limit a major life activity (walking, speaking, seeing, hearing,

breathing, caring for one’s self, performing manual tasks, etc.)? If a no response applies to any of the above questions, then the request for transportation within the two-mile walk zone will be denied. If the team can answer yes to all the questions, the Section 504 team should address eligibility/ineligibility for Section 504. If the student is determined eligible under Section 504 then an accommodation plan must be written listing all necessary accommodations addressing the student’s medical condition that substantially limited a major life activity, which may include transportation if the Section 504 determines based upon presented information it is necessary to meet the needs of the student. Scenarios:

1. The parent provided a prescription for transportation (two-mile zone) from the pediatrician due to “hip dysplasia.” There was not a request for exemption from PE or accessing the school campus. The child did not show any problems with a limp or difficulty with walking or running during the school day. The school nurse contacted her area supervising nurse who in turn called the doctor’s office. The doctor’s nurse did not report that the child required any other accommodations other than transportation. The doctor was not treating the dysplasia but was

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monitoring it. The Section 504 committee met and did not determine eligibility for Sect ion 504 since the data did not support that the student had a substantial limitation to the major life activity of walking.

2. The parent provided a letter from the physician stating the student required transportation (within

the two- mile walk zone) for his asthma. Prior to this letter the physician had written an exemption from PE and limited distance walking outside during school day. During extreme temperatures (90’s) the student should remain inside. The school had already initiated these accommodations. The Section 504 committee met and determined the student eligible for Section 504 and developed accommodations (Accommodation Plan) to address the major life activity of breathing to be a substantial limitation for this student.

If you have additional questions concerning this process, please contact the compliance office (60030) or

transportation (20810).

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Individual Health Care Plans and Section 504

Students with Individual Health Care Plans (IHCPs), also referred to as an emergency care plan, that address physical or mental impairments should be considered for Section 504 evaluation and a determination of disability pursuant to the school’s Section 504 process as continuation of the IHCP alone may be insufficient to meet the student’s needs. For example, a student with severe asthma that requires routine medication and use of an inhaler may have the major life activity of breathing being substantially limited. The Section 504 team must determine whether the student would be substantially limited by his/her impairment without the provision of services listed in the student’s IHCP or any other mitigating measures utilized by or for the student. To do this, the team should obtain, review, and consider all appropriate and available medical and/or nursing information, as well as other relevant data gathered from a variety of sources. In addition, the team should consider:

• The frequency of the required IHCP services.

• The intensity of the required IHCP services.

• The complexity of the required IHCP services.

• The health & safety risk to the student if IHCP services are not provided or are provided incorrectly.

• The student’s need for other services and accommodations from the school. Should the student be determined disabled under Section 504 because the student has a physical or mental impairment that substantially limits a major life activity, the team must then determine whether the student needs a Section 504 Plan to have his/her educational needs met as adequately as the needs of nondisabled students are met. Not every student determined to be eligible for Section 504 will need an accommodation plan. Furthermore, if based upon a preponderance of evidence the team determines the student does not meet eligibility criteria under Section 504, the team would not be required to develop a plan. It is important to note the IHCP is considered a mitigating measure for the student’s health impairment and as such cannot be considered a factor in determining eligibility for Section 504. It can however be considered in determining if the student needs a Section 504 Accommodation Plan. Thus, it is possible for a student to be Section 504 eligible for allergies, but not require a plan due to the mitigating measure of an EpiPen.

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Intervention Suggestions During PST Process Students demonstrating academic and/or behavioral concerns, regardless of a medical diagnosis should receive targeted intervention(s) that are evidence-based along with strong core instruction per state and federal statutes. For students demonstrating academic concerns, teachers should consult with the school’s academic coach(es), intervention teacher(s), school psychologist, ELA/SS regional resource teacher, or PST chair. Furthermore, for recommended reading interventions, refer to the Suggested On-Going Progress Monitoring Tools and Reading Interventions for K-5 (Standard Protocol) document. For further assistance when a student demonstrates behavioral concerns, teachers should consult with the school’s school psychologist, school counselor, or another “expert” in behavior. Below are some academic intervention suggestions:

• For elementary reading concerns refer to the Suggested On-Going Progress Monitoring Tools and Reading Interventions for K-5 (Standard Protocol).

• Reading Suggestions for secondary students: https://hisdmultilingual.files.wordpress.com/2012/04/readinginterventionsforsecondary.pdf

• Institute of Education Sciences Assisting Students Struggling with Mathematics: Response to Intervention (RtI) for Elementary and Middle Schools (http://www.ies.ed.gov/ncee/wwc/Doc/PracticeGuide/rti_math_pg_042109.pdf#page=24) recommends the following interventions based upon research:

• Suggestions from Elementary Math Department: o Mathematics Formative Assessment System (MFAS) hyperlinks o Wikispace links in curriculum map

• Math intervention suggestions: http://ebi.missouri.edu/?page_id=805

• Institute of Education Sciences Teaching Elementary School Students to be Effective Writers: https://ies.ed.gov/ncee/wwc/Docs/PracticeGuide/writing_pg_062612.pdf

• Writing suggestions in secondary: https://www.carnegie.org/media/filer_public/3c/f5/3cf58727-34f4-4140-a014-723a00ac56f7/ccny_report_2007_writing.pdf

Below are some behavior intervention suggestions:

• Use social stories, books, videos, comic strips, role playing, structured lessons, and graphic organizers to teach needed skills.

• Explicitly teach the use of relaxation techniques (deep breathing, counting backwards, etc.).

• Teach student how to use a feeling meter to help identify feelings (e.g., five-point scale, RULER).

• Explicitly teach how to recognize emotions in self and others.

• Teach appropriate social skills through modeling and guided practice.

• Use choice boards and first-then boards.

• Use precision request, stop-think-act reflections, and/or behavior contracts.

• PBIS World: http://www.pbisworld.com/

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Intervention Suggestions for Inattention and Hyperactive Behaviors During PST Process

Hyperactivity-impulsivity, Inattention

Progress Monitoring Tools Interventions: Tier 1: Behavior: Universal, Whole Class

Quarterly Behavior Report Card Data

• Positive class wide management system to reinforce on task behaviors. Students earn points to trade for preferred activities or tangibles, e.g. Class Do Jo App, Ticket Lottery, Marble Jar, Punch Cards, Token Economy Systems, etc. • Teach, model, and reinforce desired replacement behaviors, e.g. counting to 10 before answering the question, counting to 10, taking deep breaths in and out to calm down, one person speaks at a time, etc. • Teach, model, reinforce appropriate use of break pass for calm down • Use visual supports, reminders throughout the room to prompt replacement behaviors • Use of 5 verbal praise statements to 1 redirect • Classroom guidance lessons • Teach, model, reinforce organizational systems, notebooks include school/home communication • Class wide peer tutoring with token economy

Class Do Jo App percentages for on task, replacement behaviors

Classroom behavior management systems

Hyperactivity-impulsivity, Inattention

Progress Monitoring Tools Interventions: Tier 2: Behavior: Supplemental Strategies

Student & teacher monitoring time on task form

• Student and teacher monitoring of time on task • Small group social skills counseling • Positive behavior management systems to reinforce on task, replacement behaviors with small groups of students or individuals. Students earn points to trade for preferred activities or tangibles, e.g. Ticket Lottery, Marble Jar, Punch Cards, Token Economy Systems, etc. to earn points to trade for preferred activities or tangibles, e.g., Ticket Lottery, Marble Jar, Punch Cards, Token Economy Systems, etc. • Use of positive reinforcement that includes student preferences from Reinforcement Surveys/Free or Inexpensive Class Rewards, or other • Behavior contracts between student, teacher, parent with incentives • Check In-Check Out • Teach, model, reinforce use of break pass to small groups • Small group organizational system instruction, monitoring, reinforcement

Weekly/daily behavior report card

Student’s daily/weekly progress note

Check-In Check Out tracking forms Check-In Check out Point Sheet Weekly Check In/Check out data summary

http://www.pbisworld.com/tier-2/check-in-check-out-cico/

Hyperactivity-impulsivity, Inattention

Progress Monitoring Tools Interventions: Tier 3: Behavior: Intensive Strategies

Scatter plots and/or daily/weekly report cards

• Individualized Functional Behavior Assessments, Behavior Intervention Plans • Behavior contracts with more frequent reinforcement • Individualized positive behavior management systems using targeted reinforcement of on task behaviors, replacement behaviors for student to earn points to trade more frequently for preferred activities or tangibles, e.g., Ticket Lottery, Marble Jar, Punch Cards, Token Economy Systems, other, etc. • More frequent positive reinforcement linked to daily/weekly behavior report card results and frequent home/school communication system • Use of reinforcement including highly reinforcing incentives to students from Reinforcement Surveys/Free or Inexpensive Class Rewards • Individual counseling • Check In-Check Out more frequently during day • More frequent student/teacher monitoring of time on task • Teach, model, reinforce use of Break Pass and calm down strategies to individuals more frequently

Check-In Check Out tracking forms Check-In Check out Point Sheet Weekly Check In/Check out data summary

http://www.pbisworld.com/tier-2/check-in-check-out-cico/

Student & teacher monitoring time on task form

63

APPENDIX

64

Parent/Student Rights in Identification, Evaluation, and Placement under Section 504 of the Rehabilitation Act of 1973

The following is a description of the rights granted by federal law to students with disabilities under Section 504. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. You have the right to:

• Have your child take part in, and receive from, public education programs without discrimination because of his/her disability.

• Have the school district advise you of your rights under federal law.

• Receive notice with respect to identification, evaluation, or placement of your child.

• Have your child receive appropriate education. This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.

• Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL 105-17) or Section 504 of the Rehabilitation Act of 1973.

• Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options.

• Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district.

• Have your child be given equal opportunity to participate in nonacademic and extracurricular activities offered by the district.

• Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement.

• Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.

• A response from the school district to reasonable requests for explanation and interpretations of your child’s records.

• Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing.

65

• File a Section 504 complaint with the School Board’s Section 504 Compliance Officer (Director of Exceptional Student Education/Student Services).

Kim Gilliland Director of Exceptional Student Education/Student Services

P.O. Box 2118 DeLand, Florida 32721

• Request mediation and/or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to the Section 504 Compliance Officer.

• Judicial review of a final decision or an impartial due process hearing to a court of competent jurisdiction.

• File a Section 504 Complaint with the Office for Civil Rights. The person responsible for assuring that the district is in compliance with Section 504 is the Director of ESE/SS.

66

Volusia County Schools Physician’s Statement

Student:

Date of Birth:

Parent/Legal Guardian:

School:

Date:

Volusia County Schools seeks information from you for educational planning for the above-referenced student. Please, complete the information below, sign and return it to the designated school personnel listed below.

Nature and extent of any physical/health/medical condition about which school personnel should be aware:

Date of onset of condition(s):

Prognosis:

Medications prescribed (if applicable):

Dosage:

How does the identified condition(s) impact the student’s major life activities or bodily functions, if at all?

Physician’s Name:

Physician’s Signature

Phone number:

Date:

Return completed form to:

Date received by school’s Section 504 contact:

67

Volusia County Schools Section 504 Referral

Student: ALPHA: Date of Birth: School:

Grade: Referral Date: Person Completing Form:

Identify the physical or mental impairment: What is the impact on the student’s ability to engage in school activities: If the condition is episodic, how often is it active and what is the impact on the student when active? If the condition is in remission, when did this occur and what was its impact on the student when active?

Attendance Percentage missed for current school year:

Was attendance previously a concern? ☐ Yes ☐ No If yes, what grade

levels?

Grades (attach most recent

grades)

Over time, the student’s grades (check appropriate box):

☐ Have increased ☐ Stayed about the same ☐ Have dropped ☐ Data unavailable

Compared with most of the other students in the grade/class, the student’s grades (check appropriate box):

☐ Are better than others ☐ Are about the same as others ☐ Are worse than others ☐ Data unavailable

FSA/EOC

What is the student’s most recent FSA and/or EOC scores? Over time, the student’s test scores (check the appropriate box):

☐ Have become better ☐ Stayed about the same

☐ Have become worse ☐ Data not available

FSA EOC

Compared with most of the other students in the grade/class, the student’s test scores (check the appropriate box):

☐ Are better than others ☐ Are about the same

☐ Are worse than others ☐ Data not available

Retentions Has the student been retained? ☐ Yes ☐ No If yes, list grade level(s).

Discipline

Identify behaviors exhibited by the student that interfere with functioning in school (check all that apply):

☐ Poor attention & concentration ☐ Difficulty working with peers ☐ Confrontational/defiant

☐ Poor work completion ☐ Difficulty following directions ☐ Impulsive

☐ Difficulty remaining seated ☐ Elopes from class ☐ Lethargic

☐ Fidgets or seems restless ☐ Loses things necessary for tasks ☐ Other:

Has this student been suspended, expelled, or removed to an alternative placement during the previous or current

school year? ☐ Yes ☐ No If yes, attach copies of all disciplinary referrals and include total removal days.

Intervention (attach PST paperwork paperwork)

What types of efforts have been attempted to meet the student’s needs (check all that apply)?

☐ Alternative learning setting ☐ Intervention teacher ☐ Summer school ☐ Mentoring ☐ ELL program

☐ After school tutoring ☐ STAR tutoring ☐ Counseling ☐ Other:

Has the student ever been eligible for ESE services? ☐ Yes ☐ No Date of dismissal from ESE services:

Mitigating Measures

Identify and describe any mitigating measures currently used by the student or provided for the student’s benefit:

☐ Medication:

☐ Medical supplies, equipment, or appliances:

☐ Low-vision devices (does not include ordinary eyeglasses or contacts):

☐ Prosthetics including limbs and devices:

☐ Hearing aids, cochlear implants, or other device:

☐ Mobility devices:

☐ Oxygen therapy equipment and supplies:

☐ Other: Adapted from: ©1999, 2010 RICHARDS LINDSAY & MARTIN, LLP. CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved.

Date received by the school’s Section 504 contact:

68

Volusia County Schools Section 504 Parent Notice of Meeting

Date: __________________ Dear Parent/Guardian: ____________________________________________________________________ We are committed to meeting the educational needs of all students so that they will have the opportunity to be successful in school. To ensure school success, we routinely schedule meetings to explore solutions for those students who may be having difficulties in school. Parents are an important member of these meetings as they contribute invaluable information related to their child. This is to advise you that a meeting has been scheduled in order that school personnel may review all available information pertaining to your child, _____________________________________________________, for:

☐ The review of information and the determination of eligibility/ineligibility for Section 504/ADA.

☐ The review of and updating of the Section 504/ADA Accommodation Plan.

☐ Other: ________________________________________________________________________________ The meeting has been scheduled for: Date/Time of Meeting: _____________________________________________________________________ Location: ________________________________________________________________________________ If you have any questions or want to reschedule the meeting so that you may attend, please call me at ____________________________________________. Sincerely, _____________________________________ Section 504 Contact Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636.

Notice 1: Notice 2:

69

Volusia County Public Schools Notice/Consent for Section 504 Evaluation

Student: ALPHA: Grade:

School: Meeting Date:

Parent/Guardian: Address:

We have carefully reviewed your child’s school records and information from teachers. Additional information is necessary to determine your child’s educational needs and whether he/she might be eligible for accommodations in the general education classroom under Section 504. As such, we ask for your consent to evaluate under Section 504. The Section 504 evaluation will consist of reviewing existing school records, including anecdotal evidence, observations, prior evaluations/assessments, grades, standardized assessment results, and response to intervention data. In addition to reviewing this information, the district proposes to conduct the following assessments to assist in eligibility determination:

Please review the provided document entitled Parent/Student Rights in Identification, Evaluation, and

Placement under Section 504 of the Rehabilitation Act of 1973, which informs you of your rights under Section

504. Please check either you CONSENT or REFUSE CONSENT to the evaluation, sign, and return this permission form. Keep the Notice of Parent Rights for future reference. For questions, please contact:

School Based Section 504 Contact: School Phone Number:

As the parent/guardian of the above referenced student, I have received notice of my Section 504 parent rights, understand this is not an offer of a Special Education evaluation, and I:

☐ CONSENT to an evaluation under Section 504.

☐ REFUSE consent to an evaluation under Section 504. _____________________________________________________ ________________________ _____ Parent/Guardian Signature Date _______________________ _______________________ _____________________________________ Home/Cell Phone Number Work Phone Email Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636. ©1999-2011 RICHARDS LINDSAY & MARTIN, L.L.P. CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAA Guidance). For use or adaption by Florida public schools with this copyright information intact. All other rights reserved.

Date received by school:

70

Volusia County Schools Section 504 Initial Eligibility

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

Please verify by checkmark each requirement is completed before proceeding

1. This is a group of knowledgeable people of the student, evaluation data, and placement options. ☐

2. The parent was informed of this meeting using the Section 504 Meeting Notice ☐

3. The parent consented to a Section 504 initial evaluation ☐

4. The parent received Parent/Student Rights under Section 504 ☐

Check which of the following was reviewed by

the committee in conjunction with the Section 504 Referral:

☐ Parent input ☐ Teacher/Administrator input ☐ Student work portfolio

☐ Grades ☐ State & district assessments ☐ Discipline record/referrals

☐ Mitigating measures ☐ School health information ☐ Medical evaluations/diagnoses

☐ RtI ☐ Other:

Eligibility determination

1. Does the student have a physical or mental impairment? ☐ Yes ☐ No If yes, please, identify the

impairment(s): *This is an educational determination only and not a medical diagnosis for purposes of treatment. **Impairments that are episodic, in remission, or mitigated should also be listed.

2. Does the physical or mental impairment affect one or more major life activities or bodily functions?

☐ Yes ☐ No If yes, check the appropriate box(es).

*For an impairment that is episodic, in remission, or mitigated, identify the activity or function affected when the disability was present or active

☐ Bending ☐ Breathing ☐ Caring for oneself ☐ Communicating

☐ Concentrating ☐ Eating ☐ Hearing ☐ Learning

☐ Sitting ☐ Reaching ☐ Writing ☐ Interacting with others

☐ Lifting ☐ Reading ☐ Seeing ☐ Sleeping

☐ Speaking ☐ Standing ☐ Thinking ☐ Performing manual tasks

☐ Working ☐ Walking ☐ Bladder function ☐ Bowel function

☐ Brain function ☐ Circulatory function ☐ Digestive function ☐ Endocrine function

☐ Immunity function ☐ Neurological function ☐ Normal cell growth ☐ Reproductive function

☐ Respiratory function ☐ Other:

3. Does the physical or mental impairment substantially limit a major life activity? ☐ Yes ☐ No

*The student is considered as having a disability if it substantially limits the ability of the student to perform a major life activity or bodily function as compared to most people in the general population. **The committee should not consider the ameliorative (positive) effects of mitigating measures (except for ordinary eyeglasses/contact lenses). ***Episodic impairments or those in remission, do not preclude eligibility if the impairment would substantially limit a major life activity when active. If question 3 is answered “no,” explain what information was used to determine the student is not substantially limited:

Accommodation Plan & Placement (only if each of the preceding questions

were answered “yes”

4. Does the student need Section 504 services in order for his/her educational needs to be met as

adequately as those of non-disabled peers? ☐ Yes ☐ No *If the student’s needs are so extreme as to require special education and related services, a referral for Exceptional Student Education services should be made. **If the student’s impairment is in remission or the student’s needs are currently addressed by mitigating measures, the student is not in need of a Section 504 accommodation plan. If question 4 is answered “no,” explain why the student does not need a Section 504 Accommodation Plan:

71

Volusia County Schools Section 504 Initial Eligibility (page 2)

Committee Decision The Section 504 Committee’s analysis of the eligibility criteria as applied to the evaluation data

indicates that at this time (check the appropriate box):

☐ Eligible & Plan IF ALL FOUR QUESTIONS ARE ANSWERED “YES”, the student is eligible under Section 504, and will receive a Section 504 accommodation plan that governs the provision of a free appropriate public education to the student. The student will receive manifestation determination, procedural safeguards, periodic reevaluation, as well as the nondiscrimination protections of Section 504.

☐ Eligible & No Plan IF ONLY THE FIRST THREE QUESTIONS ARE ANSWERED “YES”, the student is eligible under Section 504, but will not require a Section 504 accommodation plan because there is no current need for services. The student will receive manifestation determination, procedural safeguards, periodic reevaluation, as well as the nondiscrimination protections of Section 504. Should need for a plan develops, the Section 504 Committee shall reconvene and develop an appropriate Section 504 accommodation plan.

☐ Ineligible IF ANY OF THE FIRST THREE ANSWERS IS “NO”, the student is ineligible for Section 504 nondiscrimination protection and is not eligible for a Section 504 accommodation plan.

Committee Members and Signatures By statute, this committee is a group of knowledgeable people of the student, evaluation data, and placement options. Each member attending must sign, identify position/title, and check the area of knowledge each provides. Each required area of knowledge must be

present on the committee.

Signature Position/Title This member has knowledge of

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

I have knowledge of: ☐ Student ☐ Evaluation data ☐ Placement options

I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section 504 of the Rehabilitation

Act of 1973. ☐ Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the meeting? ☐ Yes ☐ No Parent/Guardian Signature: Date:

Adapted from: ©1999, 2010 RICHARDS LINDSAY MARTIN, L.L.P. CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved.

Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636.

72

Volusia County Schools Section 504 Individual Accommodation Plan

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

Physical/mental impairment:

Plan Type: ☐ Initial ☐ Annual Review ☐ Three-year Reevaluation ☐ Interim for Transfer Student ☐ Temporary

Duration of Plan Initiation Date: End Date (3 years or less than 6 months for temporary impairment):

Test Modifications ☐None (0) ☐With Modifications (2)

Medical Information Does the student receive medication? ☐ Yes ☐ No If yes, provide medication(s), dosage, and person

responsible (parent or health aide) for providing medication to the student.

Health Care Plan Does the student have a current Individual Health Care Plan (i.e., emergency care plan)? ☐ Yes ☐ No If yes,

attach a copy of the plan.

Accommodations (consider the

following areas: physical arrangement of the room, behavior,

assignment modification, district & state assessments, lesson presentation,

organization, medical, and vocational/

occupational if 14 years and older)

After careful review of all relevant information regarding the above student and determination the student is protected under Section 504, the following accommodations will be provided for support in the school

environment and/or in school activities.

If the student does not require accommodations during the school day, then a Section 504 accommodation plan is not appropriate. A Section 504 plan is not intended for the sole purpose of providing accommodations

on standardized testing.

Committee Signatures

Section 504 Contact

Administrator Nurse

Teacher

Other Other

Other

Other Other

I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section

504 of the Rehabilitation Act of 1973. ☐ Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the

meeting? ☐ Yes ☐ No

Parent/Guardian Signature: Date:

Adapted from: ©1999, 2010 RICHARDS LINDSAY & MARTIN, L.L.P, CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636.

73

Volusia County Schools Section 504 Reevaluation (page 1 of 2)

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

Type of Reevaluation ☐ Three-Year Reevaluation ☐ More Frequent Reevaluation

Please verify by checkmark each requirement is completed before proceeding

1. This is a group of knowledgeable people of the student, evaluation data, and placement options. ☐

2. The parent was informed of this meeting using the Section 504 Meeting Notice. ☐

3. The parent received their Parent/Student Rights under Section 504. ☐

Check which of the following was reviewed by the

committee:

☐ Parent input ☐ Teacher/Administrator input ☐ Student work portfolio

☐ Grades ☐ State & district assessments ☐ Discipline record/referrals

☐ Mitigating measures ☐ School health information ☐ Medical evaluations/diagnosis

☐ RtI ☐ Other:

Data Review

☐ Yes ☐ No Is more information needed to determine if this is still a student with a disability?

☐ Yes ☐ No Is more information needed to determine the present levels of performance?

☐ Yes ☐ No Is more information needed to determine if the student still needs a Section 504 accommodation plan?

☐ Yes ☐ No Is more information needed to determine if there is a need to modify the Section 504 plan to support participation in the general education curriculum?

☐ Yes ☐ No Is more information needed to determine whether special considerations (e.g., communication or behavior) are interfering with the student’s progress?

If any of the above questions are answered “yes,” Notice/Consent for Section 504 Evaluation must be obtained and meeting concluded until further information is collected. Sign below. Otherwise, continue to page 2.

Committee Members and Signatures (if meeting is concluded) By statute, this committee is a group of knowledgeable people of the student, evaluation data, and placement options. Each member attending must sign, identify position/title, and check the area of knowledge each provides. Each required area of knowledge must be

present on the committee.

Signature Position/Title This member has knowledge of:

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement option

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

I have knowledge of: ☐ Student ☐ Evaluation data ☐ Placement options I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section 504 of the Rehabilitation

Act of 1973. ☐ Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the meeting? ☐ Yes ☐ No

Parent/Guardian Signature: Date: Adapted from: ©1999, 2010 RICHARDS LINDSAY & MARTIN, L.L.P, CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved.

Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636.

74

Volusia County Schools Section 504 Reevaluation (page 2 of 2)

Eligibility Determination

1. Does student have a physical or mental impairment? ☐ Yes ☐ No If yes, please identify impairment(s): *This is an educational determination only and not a medical diagnosis for purposes of treatment. **Impairments that are episodic, in remission, or mitigated should also be listed.

2. Does the physical/mental impairment affect one or more major life activities or bodily functions? If yes, identify by checking the appropriate box(es).

☐ Bending ☐ Breathing ☐ Caring for oneself ☐ Communicating

☐ Concentrating ☐ Eating ☐ Hearing ☐ Learning

☐ Lifting ☐ Reading ☐ Seeing ☐ Sleeping

☐ Sitting ☐ Reaching ☐ Writing ☐ Interacting with others

☐ Speaking ☐ Standing ☐ Thinking ☐ Performing manual tasks

☐ Working ☐ Walking ☐ Bladder function ☐ Bowel function

☐ Brain function ☐ Circulatory function ☐ Digestive function ☐ Endocrine function

☐ Immunity function ☐ Neurological function ☐ Normal cell growth ☐ Reproductive function

☐ Respiratory function ☐ Other:

3. Does the physical or mental impairment substantially limit a major life activity? ☐ Yes ☐ No

*The student is considered as having a disability if it substantially limits the ability of the student to perform a major life activity or bodily function as compared to most people in the general population. **The committee should not consider the ameliorative (positive) effects of mitigating measures (except for ordinary eyeglasses/contact lenses). ***Episodic impairments or those in remission, do not preclude eligibility if the impairment would substantially limit a major life activity when active. If answered “no,” what information was used to determine the student is not substantially limited:

Accommodation

Plan & Placement (only if each of the

preceding questions were

answered “yes”)

4. Does the student need Section 504 services for his/her educational needs to be met as adequately as those of non-disabled

peers? ☐ Yes ☐ No

*If the student’s needs are so extreme as to require special education and related services, a referral for Exceptional Student Education services should be made. **If the student’s impairment is in remission or the student’s needs are currently addressed by mitigating measures, the student is not in need of a Section 504 accommodation plan. If question 4 is answered “no,” explain why the student does not need a Section 504 Accommodation Plan:

Decision Analysis of eligibility criteria indicates currently (check the appropriate box):

Continued Eligibility with Plan

IF ALL FOUR QUESTIONS ARE ANSWERED “YES,” the student remains eligible under Section 504. Team will complete the Individual Accommodation Plan.

Remains Eligible &

No Plan

IF ONLY THE FIRST THREE QUESTIONS ARE ANSWERED “YES,” the student remains eligible, but will not require a Section 504 accommodation plan as there is no current need for services. The student will receive manifestation determination, procedural safeguards, periodic reevaluation, as well as the nondiscrimination protections of Section 504. The Section 504 Committee will

reconvene and develop an appropriate accommodation plan, if a need arises. ☐ In Remission ☐ Mitigating Measures

Dismissal

IF ANY OF THE FIRST THREE ANSWERS IS “NO”, the student is no longer eligible for Section 504. The student will receive regular education without Section 504 services. The student will receive the nondiscrimination protections of the Section 504 as a student with a record of impairment, together with procedural safeguards, but not receive manifestation determination or periodic

reevaluation. ☐ Dismissed

Committee Members and Signatures

Signature Position/Title This member has knowledge of:

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

☐ Child ☐ Evaluation data ☐ Placement options

I have knowledge of: ☐ Student ☐ Evaluation data ☐ Placement options

I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section 504 of the Rehabilitation Act of 1973. ☐

Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the meeting? ☐ Yes ☐ No

Parent/Guardian Signature: Date:

75

Volusia County Schools Section 504 Transfer Review

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

Please verify by checkmark each requirement is completed before proceeding

1. This is a group of knowledgeable people of the student, evaluation data, and placement options. ☐

2. The parent was informed of this meeting using the Section 504 Meeting Notice ☐

3. The parent received their Parent/Student Rights Under Section 504 ☐

Which of the following

information was reviewed by the committee:

☐ Parent input ☐ Teacher/Administrator input ☐ Student work portfolio

☐ Grades ☐ State & district assessments ☐ Discipline record/referrals

☐ Mitigating measures ☐ School health information ☐ Medical evaluations/diagnoses

☐ RtI ☐ Other:

Committee Decision

☐ Supporting documentation was received and the plan from the previous school was accepted and will be implemented until the next annual review/reevaluation. Sign below and complete the Section 504 Individual Accommodation Plan.

☐ Supporting documentation was received from the previous school and the plan needs revision. Sign

below and complete the Section 504 Accommodation Plan.

☐ Supporting documentation was received from the previous school, but the plan is inappropriate.

Notice/Consent Section 504 Evaluation must be obtained and meeting concluded until further information is collected. The student will remain eligible and the plan from the previous school will be put in place until the reevaluation is completed. PST should be initiated. Sign below.

☐ A plan was not received by the previous school and a reevaluation will be conducted. The student will

remain eligible with no accommodation plan until the reevaluation is completed. Notice/Consent for Section 504 Evaluation must be obtained and meeting concluded until further information is collected. PST should be initiated. Sign below.

Committee Members and Signatures By statute, this committee is a group of knowledgeable people of the student, evaluation data, and placement options. Each member attending must sign, identify position/title, and check the area of knowledge each provides. Each required area of knowledge must be

present on the committee.

Signature Position/Title This member has knowledge of:

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

I have knowledge of: ☐ Student ☐ Evaluation data ☐ Placement options I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section 504 of the Rehabilitation

Act of 1973. ☐ Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the meeting? ☐ Yes ☐ No

Parent/Guardian Signature: Date:

Adapted from: ©1999, 2010 RICHARDS LINDSAY & MARTIN, L.L.P. CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved.

Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to participate in the McKay program. If you would like more information about this program, visit the Florida Department of Education website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/ or call the toll free hotline at 1-800-447-1636.

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Volusia County Schools Section 504 Accommodation Plan Receipt

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

A Section 504 committee recently created a Section 504 accommodation plan for the above student. Implementation of this plan is a legal requirement. By signing this form, you acknowledge receipt of and intent to implement plan as written. Once signed, return to the school Section 504 Contact.

Name Signature Date

Please, contact me with any questions or concerns about your role in the implementation of this plan. I can be reached at: ________________________________________________ _____________________________________________ Phone Number Email Thank you, _____________________________________________ _________________ School Section 504 Contact Date

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Volusia County Schools Manifestation Determination for Students Eligible for Section 504

Student: ALPHA: Date of Birth:

School: Grade: Meeting Date:

Section 504 physical/mental impairment:

Number of days already suspended for current school year:

Offense committed and date:

Proposed disciplinary action which constitutes a change in placement:

Is this consistent with the disciplinary action proposed for students without a disability? ☐ Yes ☐ No

Which of the following sources

of information have been reviewed:

☐ Infraction for which suspension has been recommended ☐ Parental information

☐ Account of incident ☐ Cumulative folder

☐ Discipline history ☐ Observation

☐ Behavioral Intervention Plan (BIP) ☐ Evaluation and diagnostic results

☐ 504 Accommodation Plan ☐ Other relevant information

Under Section 504, a student is not entitled to procedural protections if the student’s misconduct involves the use of illegal drugs or alcohol. In such instances, the student may be disciplined in the same manner as a non-disabled peer would be disciplined for the use of illegal drugs or alcohol.

1. Is the student’s Section 504 Accommodation Plan appropriate? ☐ Yes ☐ No

2. Is the student’s Section 504 Accommodation Plan being implemented with fidelity? ☐ Yes ☐ No

If the Section 504 team answered “no” to either question, further suspension is inappropriate. Stop the manifestation meeting, sign below, and develop a plan to ensure implementation of the accommodation plan or revise the plan. If the answer to the two questions above were answered “yes”, proceed to questions three and four.

3. Does the disability impair the student’s ability to understand the consequences of the conduct at issue? ☐ Yes ☐ No

4. Does the identified disability impair the student’s ability to control the conduct at issue? ☐ Yes ☐ No

If the Section 504 team answered “yes” to questions one and two and “no” to three and four, further disciplinary sanctions are appropriate because the student’s behavior was not a manifestation of disability and the same sanctions that would be administered for a non-disabled student may be administered. If the team answered “yes” to either three or four, further disciplinary sanctions are inappropriate for the student.

Team recommendations:

Committee Members and Signatures By statute, this committee is a group of knowledgeable people of the student, evaluation data, and placement options. Each member attending must sign, identify position/title, and check the area of knowledge each provides. Each required area of knowledge must be

present on the committee.

Signature Position/Title This member has knowledge of:

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

☐ Student ☐ Evaluation data ☐ Placement options

I have knowledge of: ☐ Student ☐ Evaluation data ☐ Placement options

I have received a copy of the Parent/Student Rights in Identification, Evaluation, and Placement Under Section 504 of the

Rehabilitation Act of 1973. ☐ Yes ☐ No

Did school and/or district personnel prohibit or discourage you from inviting a person(s) of choice to the meeting? ☐ Yes ☐ No

Parent/Guardian Signature: Date: Adapted from: ©1999, 2010 RICHARDS LINDSAY & MARTIN, L.L.P. CESD §504 Compliance System, Nov. 23, 2010 (Pre-ADAA Guidance). For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved.

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Volusia County Schools Social and Developmental History for Section 504 for Students with Inattention and/or Hyperactivity

Student: ALPHA: Date of Birth:

School: Grade: Age:

Parent/Guardian: Address:

Home Number: Cell Number: Work Number:

Interviewer: Date of Interview:

Respondent: Relationship to child: ☐ Mother ☐ Father ☐ Other:

Please check which of the following characteristics, if any describe your child. For those behaviors that are characteristic of your child, tell how long that behavior persisted and when it first came to your attention.

Characteristic How long exhibited? Age noticed?

☐ Often fails to give close attention to details or makes careless mistakes in school work- work- or other activities?

☐ Often has difficulty sustaining attention in tasks or play activities?

☐ Often doesn’t seem to listen when spoke to directly?

☐ Often doesn’t follow through on instructions and fails to finish school work, chores, etc. (not due to oppositional behavior or not understanding directions)?

☐ Often has difficulty organizing tasks and activities?

☐ Often avoids, dislikes, or is reluctant to engage in tasks that require sustained mental effort (like school work or homework)?

☐ Often loses things necessary for tasks or activities?

☐ Is easily distracted by extraneous stimuli?

☐ Is often forgetful in daily activities?

☐ Often fidgets with hands or feet or squirms in seat?

☐ Often leaves his/her seat in classroom or other situations in which remaining seated is expected?

☐ Often runs about or climbs excessively in situations in which it is inappropriate?

☐ Often has difficulty playing or participating in leisure activities quietly?

☐ Often “on the go” or acts as if “driven by a motor”?

☐ Talks excessively?

☐ Often blurts out answers before questions have been completed?

☐ Often has difficulty awaiting turn?

☐ Often interrupts or intrudes on others?

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Volusia County Schools Brief Behavior Observation Form

Student: ALPHA: Grade:

School: Teacher: Observer:

Date & time of observation:

Activity: ☐ Teacher directed whole class ☐ Teacher directed small group ☐ Independent work ☐ Group work Further description:

Directions: Observe the target student for one minute, at 10 second intervals record observed behavior using the codes below. During the last 10 seconds record any comments. Then, do the same thing for a same gender peer. Continue to alternate between the target student and same gender peers in the classroom.

Target Student

1-10 Seconds 10-20 Seconds 20-30 Seconds 30-40 Seconds 40-50 Seconds 50-60 (Comments)

Same Gender Peer

1-10 Seconds 10-20 Seconds 20-30 Seconds 30-40 Seconds 40-50 Seconds 50-60 (Comments)

On-task codes:

• C = Compliant (the student is making eye contact with the teacher or task to be completed, performing the assigned task, and following the classroom rules for the entire 10-second interval)

Off-task codes:

• T= Talking out/noise (this includes grunting, tapping pencil on desk, etc.)

• O= Out of seat (this includes wandering the room, standing if the teacher asked student to sit, etc.)

• I= Inactive (this includes sitting passively in seat, head down on desk, etc.)

• N= Noncompliant (this includes refusal to follow directions and class rules)

• P= Playing with objects (this includes toys, pencils, books, etc. without permission)

Student Percent On-Task

Target Student 50

× 100= ________ % on-task

Peers 50

× 100= ________ % on-task

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Volusia County Schools Section 504 Completion Checklist

Student: School:

Paperwork Date Received/Completed

Medical documentation provided by parent (physician’s statement)

Individual Health Care Plan (if applicable)

Section 504 Referral

PST Paperwork (if applicable)

Section 504 Parent Notice of Meeting 1st Notice: 2nd Notice:

Notice/Consent for Section 504 Evaluation (indicate information requested):

Sensory Screenings (if applicable)

Section 504 Initial Eligibility

Section 504 Reevaluation

Section 504 Transfer Review

Section 504 Accommodation Plan

Section 504 Accommodation Plan Receipt

Manifestation Determination for Students Eligible for Section 504

Social and Developmental History for Section 504 for Students with Inattention and/or Hyperactivity (if applicable)

Brief Behavior Observation Form (if applicable)

Three-year reevaluation date (if applicable):

*Annual review should occur each year after initial eligibility meeting.

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SECTION 504 OF THE REHABILITATION ACT AND AMERICANS WITH DISABILITIES ACT

FREQUENTLY ASKED QUESTIONS AND ANSWERS

What factors determine eligibility for Section 504? Eligibility is based upon 1) the student has a physical or mental impairment; 2) this impairment impacts a major life activity or bodily function; and 3) the impact is substantially limiting. To do this, the Problem Solving Team should review the student’s cumulative folder, identify student’s academic level, review and discuss standardized test scores, examine any evaluation information, discuss grades both present and past for each school year, obtain anecdotal information from parent and teacher, review interventions and progress monitoring, and review any comparison data/information. Does every child with a physical or mental impairment automatically qualify for Section 504? No. The student’s physical or mental impairment must substantially limit a major life activity or bodily function. What is a major life activity or bodily function? Major life activities include, but are not limited to caring for oneself, breathing, thinking, reading, reaching, concentrating, sitting, and learning. Bodily functions include, but are not limited to normal cell growth, immune system, bladder system, brain system, cardiovascular system, and endocrine system. What constitutes a “substantial limitation?” The Section 504 regulations do not provide a definition of “substantial limitation.” However, under the American Disabilities Act (ADA), a major life activity or bodily function is deemed to be substantially limiting when it is a significant limitation in the performance as compared to most people in the general population. It should also be pervasive across learning environments and significantly impact access. Does the parent/guardian require a notice for a Section 504 eligibility and/or review meeting? Yes, the parent should receive a Section 504 Parent Notice of Meeting, which indicates the purpose of the meeting and the date, time, and location. When is the Section 504 plan implemented? Once the student has been determined eligible for Section 504, the accommodation plan would be developed and implemented. Who gets the accommodation plan? A copy of the plan needs to be distributed to all faculty and staff who work with the student. This may include cafeteria staff, bus drivers, special area teachers, etc. A copy of the plan should be made available for substitute teachers. Additionally, the parent should be provided a copy of the plan and the student if they are able to self-advocate for themselves. Where is the Section 504 information stored? This information is placed in the Section 504 folder (purple) inside the student’s cumulative file. After each review, copies of the accommodation plan should be placed in the Section 504 folder. Information is also entered in CrossPointe.

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How often is a Section 504 plan reviewed and rewritten? A Section 504 plan must be reviewed and rewritten annually. It may be reviewed sooner if needed. When is a reevaluation completed for a Section 504 student? Three years from the initial eligibility implementation of the Section 504 Accommodation Plan and every three years thereafter as long as the student continues to receive Section 504 accommodations. What assessment tools are used for a three-year reevaluation? The reevaluation would consist of a review of the accommodation plan and current data on performance that may include classroom grades, curriculum-based assessments, and behavioral information. A reevaluation under Section 504 does not require a comprehensive evaluation. Is it possible for a student who is eligible for Section 504 to not have an accommodation plan? Yes. If mitigating measures are sufficiently meeting the needs of the student or the student’s mental/physical impairment is in remission. What are mitigating measures? Mitigating measures are services or things provided to the student or used by the student to decrease the impact of the impairment. Examples include medication, medical supplies, low-vision devices (does not include glasses or contacts), hearing aids, oxygen therapy equipment, an Individual Health Care Plan (IHCP), etc.

What steps are taken when a parent requests a Section 504 plan for their child who has a physical impairment (e.g., asthma, diabetes, seizures, etc.)? The school’s Section 504 contact should determine if the student currently has an Individual Health Care Plan (IHCP), also referred to as an Emergency Care Plan, and if said plan is sufficiently meeting the student’s needs. This would necessitate gathering information from the teacher regarding how the student’s physical impairment is impacting his/her access to programs and services in the classroom/school. The school’s Section 504 contact would then consult with the district Section 504 contact. Once all information is obtained, a Section 504 meeting is held to determine if the IHCP is sufficient (or not) to meet the needs of the student. If it is not sufficient, the team determines if the student is eligible under Section 504. PST documentation is not necessary. What steps are taken when a parent requests a Section 504 plan for other conditions (e.g., ADHD, depression, etc.)? It is not unusual for a parent to provide documentation to a school indicating their child has been diagnosed with a mental impairment by a medical professional or other appropriately licensed professional. This documentation, although important, does not automatically indicate a student is eligible for Section 504. In these instances, the behaviors that are interfering with student progress should be addressed through the PST process. Forms PST 1-3 should initially be completed by the teacher, with assistance from others (PST Chair, school psychologist, etc.), if necessary. Form PST 3 specifically collects information related to academic enablers (e.g., work completion, following directions, etc.). Accurate completion of PST 3 will enable the team to determine if the student is above, at, or below grade level in the various academic content areas. The teacher completing the form will also be asked to indicate how the student is performing behaviorally compared to peers. The responses to these questions will serve as the foundation for interventions related to specific problem(s). If no concerns are evident, documentation of interventions and data on PST 4 is unnecessary; however, if responses on PST 3 indicate concerns, PST 4 should be utilized to document interventions and data collection. In addition, the teacher should consult the school’s Section 504 contact who will in turn consult with the district Section 504 contact. Once relevant information and data is obtained, a PST meeting should be scheduled during which the team will review the data collected, including the documentation of the medical condition if available. Based upon this information the team will determine next steps.

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If PST 3 indicates the student is at or above grade level and behaviors are not considered problematic, and hence, interventions are not needed, would the student be eligible for a Section 504 plan? Possibly. If the identified impairment substantially limits a major life activity or bodily function, such as breathing, walking, endocrine system, etc. it is possible the student will be eligible for Section 504 even if academics and behaviors are not problematic. However, if academics are on-grade level (or above) and behaviors are not considered problematic (i.e., substantially limiting the identified physical/mental impairment) in areas such as learning, thinking, and concentrating, there is no reason to develop interventions; hence, the student would not meet eligibility criteria. What should a teacher do if they suspect a student has ADHD? Senate Bill 1090 clearly specifies that any medical decision made to address a student’s need is a matter between the student, the student’s parents, and a competent health care professional chosen by the parent. As a result, teachers and school district personnel are prohibited from suggesting a parent take a child to a medical professional for an evaluation of ADHD. The legislation further specifies however that teachers may share school-based observations of a student’s academic, functional, and behavioral performance with the student’s parents and offer program options and other assistance that is available to the parent and the student based on the observations. Within Volusia County Schools, The Problem-Solving Team process would be an appropriate venue to share these observations and to seek assistance. Is it appropriate for a teacher to request a Conners’ Rating Scale or other behavior ratings scales to provide to the parent so that the parent can take this information to their physician? No. In these instances, the teacher should focus on the behaviors (as opposed to a possible medical diagnosis) that are impacting student performance. If the child is having difficulty completing work, is inattentive, or not focusing, interventions should be developed to target these specific areas. Your school psychologist can help with the selection of appropriate interventions and monitoring of progress. When a student is determined ineligible for Exceptional Student Education (ESE) services will they automatically be eligible for a Section 504 plan? No. If there is documentation that the condition is impacting a major life or bodily function, notify the PST Chair and school Section 504 contact, so the implementation of the interventions in the general education setting continue to be monitored. Eligibility or ineligibility for Section 504 would be based upon whether the student has a “physical or mental impairment that substantially limits a major life activity or bodily function.” With respect to transportation, what are the public school district’s duties under Section 504? The district’s duties are twofold:

• A qualified student with a disability under Section 504 must be given access to transportation as a similarly situated nondisabled student has access.

• Section 504 provides transportation as a related service when an eligible child’s physical or mental impairment warrants the district to provide transportation so that the student can access education at the school. Transportation issues must be addressed on a case by case basis. Parental convenience alone does not create a Section 504 duty to transport students with specific medical issues.

Refer to the Section 504 Procedures Manual for additional information. Is a student eligible for Section 504, if he/she requires modifications for standardized tests? No. The Florida Department of Education is very clear that eligibility for Section 504 is not based upon a student requiring modifications for standardized tests.

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Can a student receiving ESE services have a Section 504 plan? When a student has an active Individual Education Plan (IEP), this would address any disabilities under Section 504. The IEP review committee should discuss any issues concerning the student’s disability at every IEP review. Any modifications and interventions would be documented on the IEP. Necessary committee members should be invited to the IEP meeting. If a student has a gifted Education Plan (EP) and is eligible for Section 504 accommodations, the accommodations are included on a Section 504 Individual Accommodation Plan. Are Section 504 plans automatically accepted for a student transferring from another school district? No. When a student enters with a Section 504 plan from a previous district, the registrar notifies the school’s Section 504 contact. If additional information from the sending school is needed, this information should be requested as soon as possible. Once obtained, the school Section 504 contact consults with the district Section 504 contact. The school then holds a Section 504 meeting. The team uses the information/data obtained from the previous school and any information collected at the current school to determine if the plan is accepted or not. There is no rule that prohibits the honoring of the sending district’s plan in the interim; however, there is also no rule requiring the receiving school to honor a plan that does not appear justified. Refer to the Section 504 Procedures Manual for more information. Can a student eligible for Section 504 receive the same disciplinary actions as a student without a Section 504 plan for current illegal use of drugs or alcohol? Yes. Under Section 504, a student with a disability who is currently engaging in the illegal use of alcohol or drugs and is caught using or in possession of alcohol/drugs on campus may be disciplined for that conduct in the same manner as any other student. Whether the conduct was related to a disability does not matter. A manifestation determination procedure is not required. However, a student with a disability who is not currently engaged in the illegal use of drugs or alcohol who commits a drug/alcohol offense, such as possession, sale or distribution of alcohol or drugs, is afforded Section 504 and ADA protection, including the right to a manifestation determination hearing to determine whether the behavior is related to the disability. Does a school nurse need to attend field trips for students with medically related Section 504 plans (e.g., seizures, allergies, diabetes, etc.)? Possibly. Schools must provide students with disabilities equal opportunity to participate in extracurricular activities such as field trips. If a school nurse is necessary for the student to safely participate in this school function, the school must provide one at no cost to the parent. The school should use these guiding questions to determine if a school nurse should attend a field trip:

1. Is there a safety concern? a. If the student requires access to the school nurse during the regular school day as part of his/her Section

504 plan, that may indicate a nurse will be needed on the field trip. b. Is administration of medication part of the student’s plan? c. Does the student need emergency medications? d. Does the student receive other health services during the day?

2. Can a nurse delegate the task? a. Take into consideration the confidence level and skill required for certain medical tasks.

3. Is the parent volunteering to attend? a. A parent may volunteer to attend to assist their child with their medical needs; however, that cannot be

a condition of participation of attending a field trip.

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What should a district do if a parent revokes consent under IDEA and asks instead for a Section 504 plan? A parent has the right to revoke consent for exceptional student education services. Prior to revoking ESE services, the school should meet with parent/guardian to identify and understand their reasons for withdrawal of said services. Determine if the parents’ concerns can be addressed in such a way as to continue to meet the needs of the student through their IEP. Be sure to outline what services the child will no longer receive or be available to the student (e.g., specialized instruction with a certified ESE teacher and a continuum of instructional setting). If after this, the parent still seeks revocation of ESE services, ensure written documentation. The school should then consider whether the student is eligible under Section 504 and what program changes the student may need to prevent discrimination on the basis of their disability.