Chatham County Schools 504 Handbook



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Section 504

Handbook

Revised August 2011

Lee County Schools 504 Handbook

Table of Contents

Introduction

Student Protection under Section 504

The Process of Identification

Preparation for a 504 Meeting

Conducting a 504 Meeting

Conducting an Annual Review

Section 504 Determination and Testing

College Board/ACT Requirements for Accommodations

Conducting a Manifestation Hearing

Grievance Procedures and Appeal Process

Acknowledgements

Appendix

Introduction

Section 504 is a federal law designed to protect rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education (ED). Recipients of these funds include public school districts, institution of higher education and other state and local education agencies.

Section 504 requires a school district to provide a ‘free appropriate public education’ (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual needs. (US Department of Education)

Student Protection under Section 504

Section 504 requires that school districts provide a free and appropriate public education to qualified students in the jurisdiction who have a physical or mental impairment that substantially limits one or more major life functions.

Students considered for Section 504 protection must have a diagnosis by a professional health care/mental health care clinician qualified to make such a diagnosis. The diagnosis must confirm a physical or mental disability and the diagnosed disability must substantially limit one or more major life functions.

This determination must be made without regard to any “ameliorative effects of mitigating measures.” (ADAAA of 2008)

Mitigating measures include but are not limited to:

Medication

Medical supplies, equipment or appliances

Low vision devices (excluding ordinary eyeglasses or contact

lenses)

Prosthetics

Hearing aids or cochlear implants

Mobility devices

Oxygen therapy

Assistive technology

Reasonable accommodations or auxiliary aids or services

Learned behavioral or adaptive neurological modifications

If the student is currently using any mitigating measures, the assessment must include information concerning the student’s expected or demonstrated condition in the absence of such measures.

An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. A transitory impairment is an impairment with an actual or expected duration of six months or less.

Physical or mental impairments that limit a major life activity include but are not limited to the following:

Physical Impairment

Any physiological disorder or condition, cosmetic disfiguration or anatomical loss affecting one or more of the following body systems:

Neurological

Musculoskeletal

Special sense organs

Respiratory including speech organs

Cardiovascular

Reproductive

Digestive

Genito-urinary

Hemic and lymphatic

Skin

Endocrine

Mental/Psychological Impairment

Any mental or psychological disorder such as:

Mental retardation

Organic Brain Syndrome

Emotional or mental illness

Specific learning disabilities

Major Life Activity

Caring for one’s self Breathing

Performing manual tasks Working

Eating Learning

Sleeping Thinking

Walking Concentrating

Standing Communicating

Lifting Reading

Bending

Seeing

Hearing

Speaking

Substantially Limiting

Substantially limiting is defined as being “unable to perform a major life activity that the average person in the general population can perform” or being “significantly restricted as to the condition, manner or duration under which an individual can perform a major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity.”

When To Consider 504 Eligibility

• Student returns to school after a serious illness, injury and/or

hospitalization (including psychiatric/substance abuse)

• Student exhibits a chronic health condition

• Student is taking medication

• Long-term suspension or expulsion is being considered

• Substance abuse is an issue

• Retention is being considered

• Student exhibits a pattern of not benefiting from instruction

• Student continues to exhibit behavior problems

• Student has been evaluated and is not IDEA eligible

• Parent request

Transitory Impairment Plan

In the event that a student becomes impaired (i.e. breaks a finger on their writing hand) or experiences an emergency (i.e. breaks glasses on the way to school on the day of testing) such that modifications are required on the End of Grade or End of Course assessments, the Transitory Impairment Plan must be completed in order for the student to take the test(s) with modifications. A copy of the form should be kept in the principal’s office and a copy faxed to the testing office.

The Process of Identification

The school or parent/guardian may initiate a referral.

Parent/Guardian Referral

If the parent/guardian initiates a referral, the parent must complete the ‘Parent/Guardian Request for Consideration Under Section 504/ADA’ form in writing and submit to the 504 Chair at the school.

Upon receipt of the request for consideration of 504 status, the 504 Chair or designee will contact the student’s teachers and begin collecting data regarding the student’s performance at school.

While there is no specific time period specified in Section 504, IDEA stipulates that the initial evaluation must take place within 60 days of receiving parent consent for the evaluation.

The 504 Chair or designee must send the parent a ‘Parent/Guardian Notice of Initial Referral’ letter to obtain permission to begin the identification process and advise the parent of the meeting date and time. A copy of ‘Procedural Safeguards/Parent Rights Under Section 504’ must accompany this notice.

Parent permission must be obtained prior to the conduct of initial student identification procedures.

School Referral

Section 504 requires the school to identify and locate every child residing in the school district who may qualify for disability services (Child Find).

The 504 Chair or designee must send the parent a ‘Parent/Guardian Notice of Initial Referral’ letter to obtain permission to begin the identification process and advise the parent of the meeting date and time. A copy of ‘Procedural Safeguards/Parent Rights Under Section 504’ must accompany this notice.

Parent permission must be obtained prior to the conduct of initial student identification procedures.

Health Plans

Students who have current health plans should be considered for protection under Section 504 (Child Find).

Parents of students who have health plans should be contacted in writing using the ‘sample letter’ on school letterhead.

A copy of ‘Procedural Safeguards/Parent Rights Under Section 504’ must accompany this notice.

Preparation for a 504 Meeting

Assemble relevant documentation. Documentation may include but is not limited to:

Medical or Psychiatric Diagnosis

(Can use Medical Report form or other document

from professional qualified to make such a diagnosis)

Aptitude and Achievement Tests

Curriculum Based Assessment

State Assessment Results

Work Samples

Teacher Recommendation

Physical Condition

Adaptive Behavior

Periodic Assessments/Report Cards

Structured Academic and Behavioral Interventions

Social and Health History

Information Provided by Parent/Guardian

Social and Cultural Background

Assemble the 504 Committee

Section 504 eligibility and placement decisions must be made by a group of persons, including persons knowledgeable about the student, the meaning of the evaluation data and the placement options.

Conducting a 504 Meeting

The school-based 504 Chair convenes the meeting at a time convenient to both the members of the 504 team and the parents/guardians.

The Chair uses the ‘Section 504 Eligibility Worksheet’ to help the team determine eligibility.

If there is a reason to believe that the student may be eligible for special education services, the 504 team may send the referral to the SST team. The referral process to SST and 504 can occur simultaneously.

If the disability is clearly a physical or mental impairment, the 504 team continues to complete the Section 504 Eligibility Worksheet.

If, after reviewing the assessment documentation and completing the appropriate eligibility form, the team believes that the student meets the requirements for Section 504 protection, the team then moves to completing the ‘Section 504/ADA Eligibility and Accommodation Plan.’

If the student qualifies for protection under Section 504, but the team determines that the student is not in need of a plan, none is written. The appropriate worksheet and the ‘Section 504/ADA Eligibility and Accommodation Plan’ are kept as documentation of 504 eligibility.

Conducting an Annual Review

While a Section 504 plan requires re-evaluation every three years, it is the practice of Lee County Schools to conduct an annual review of all students protected under Section 504.

Parents/Guardians are sent a ‘Notice of Annual Review’ and a meeting is planned. The parent/guardian does not have to be present for the annual review.

For students who qualify for 504 protection but do not have a 504 plan, parents/guardians are sent the ‘Notice of Annual Review for Students Without a 504 Plan.

The existing ‘Section 504/ADA Eligibility and Accommodation Plan’ is reviewed and revisions made if needed. The date of the Annual Review is noted on the top of the page.

Section 504 Determination and Testing

In order for a student with disabilities to be eligible to receive a testing accommodation, it must be documented in his/her Section 504 plan and it must be used routinely during instruction and similar classroom assessments. In order to allow sufficient time for the testing accommodations to be routinely used, there should not be additions/changes to the testing accommodation in the Section 504 Plan just prior to testing unless the student’s eligibility status has changed.

If a student does not have at least 30 calendar days prior to the test date to use the accommodation, then the use of the accommodation cannot be considered “routinely used” during instruction or similar classroom assignments. If a student is newly identified as having a disability and it is just prior to testing, any testing accommodations that are documented and implemented should have been used as intervention prior to identification.

College Board/ACT Requirements for Accommodations

College Board

The College Board provides testing accommodations to students who demonstrate a need, due to a disability, for accommodations on College Board tests. In order to take a College Board test with accommodations, the student and parent/guardian must obtain and submit an Eligibility Form, from the Guidance Counselor, and in some cases, additional documentation. Students/Parents should complete Section I of the form and submit it to the Guidance Counselor for completion of Section II and III.

Requests for accommodations must be submitted early. Processing takes approximately seven weeks from receipt of complete information. Specific deadline dates are listed on the College Board website ().

Once a student is approved for accommodations, the accommodations are valid for all College Board tests, as long as the school annually verifies that eligibility requirements and guidelines are met.

Schools with students who might take any College Board exam and may request accommodations must designate one staff member to serve as the Services for Students with Disabilities Coordinator. Most often, this is the school counselor. SSD Coordinator Application forms can be found at:

ACT

Policies and procedures for applying for accommodations for the ACT can be found at . There are three testing options.

Center Testing #1: Standard Time National Testing

Request this only if the student can test at a regularly scheduled national test center under standard time limits and use either a regular type (10-pt.) or large type (18-pt.) test booklet, but require accommodations due to disability. No details about any accommodations provided are reported.

Examples include:

. assignment to a wheelchair-accessible room

. large type test booklet

. marking responses in the test booklet

. permission for diabetics to eat snacks

Examples of accommodations for students with hearing impairments include:

. seating near the front of the room to lip-read spoken instructions

. a sign language interpreter (not a relative) to sign spoken instructions (not test items)

. a printed copy of spoken instructions with visual notification of start, time remaining, and stop times

Center Testing #2: Extended Time National Testing (50% more time)

Request this only if the student can test at a regularly scheduled national test center and use either a regular type (10-pt.) or large type (18-pt.) test booklet, but require up to 50% more time due to disability.

Special Testing

Special Testing is designed for students who:

normally use more than time-and-a-half for tests (or use extended

time only on writing tests) in school, or

require testing over multiple days due to the diagnosis, or

normally use alternate test formats such as Braille, cassettes, audio

DVDs, or a reader; or a computer or scribe for essays, and/or

alternate response modes, (such as responding orally) or

are testing at an international test center and cannot use a

regular type (10-point) booklet or test with standard time

limits, or need accommodations the test center cannot provide.

Conducting a Manifestation Hearing

A student protected under Section 504 may not be suspended for more than 10 cumulative days without a manifestation determination hearing to determine whether the misconduct is caused by the student’s disability.

The permanent expulsion, the exclusion of a student for an indefinite period, or the exclusion of a child for more than 10 consecutive days constitutes significant change in placement under Section 504.

A series of suspensions, each of which is 10 or fewer days in duration, but that creates a pattern of exclusions, may also be a significant change in placement. The series of suspensions must create a pattern based on the length of each suspension, the proximity of the suspension to one another, and the total amount of time the student is excluded from school.

The manifestation determination is a re-evaluation, and must take in to account recent evaluation data that provides an understanding of the student’s current behavior.

The 504 Committee conducts the manifestation determination meeting. The ‘Manifestation Determination’ form is completed at that meeting.

If the results of the manifestation determination indicate that the conduct was related to the student’s disability, the district may not discontinue educational services to the student. The student would need to be re-evaluated to determine if the current placement is appropriate or other placements need to be considered.

If the team concludes that the misconduct was not related to the student’s disability, the district can impose the proposed discipline as long as it is the same as it would impose under the same circumstances for a non-disabled student.

The protections of Section 504 do not apply to students who are currently using illegal drugs when the school acts on the basis of the student’s current use of illegal drugs. School may take disciplinary action against a Section 504 student who is currently engaged in the use of alcohol or illegal drugs to the same extent that it takes disciplinary action against persons not having disabilities.

Grievance Procedures and Appeal Process

Section 504 Eligibility, Placement and Manifestation Determination

Section 504 grievance procedures will follow general grievance procedures outlined in Lee County School Board Policy 1740-4010. It is against the law to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

Every effort will be made to settle the complaint informally. Complaints can be lodged with the school-based 504 Chair or school Principal.

If the parent (or student if student is 18 years or older) feels the complaint cannot be resolved through informal means, the parent or eligible student may file a grievance to appeal the decision made by the 504 committee.

The grievance should first be filed with the Principal. The grievance should be submitted in writing stating the nature of the grievance. The principal and 504 Chair will meet with the parent/guardian within 10 business days of receipt of the grievance.

The Principal will provide a written response to the grievance within 10 business days of the meeting.

If the parent/guardian is dissatisfied with the Principal’s response, the parent/guardian may appeal the decision to the district 504 Coordinator. This appeal must be made in writing within 10 business days of receipt of the Principal’s response.

The district 504 Coordinator will review the written documents and may conduct a factual inquiry and hold a conference as necessary to make a determination of whether there was a violation of the student’s civil rights. The 504 Coordinator will provide a written response within 10 business days of receiving the grievance unless additional time is necessary to complete any investigation.

If the parent/guardian is dissatisfied with the 504 Coordinator’s response, the parent/guardian may appeal the decision to the Superintendent. This appeal must be made in writing within 10 business days of receiving the 504 Coordinator’s response.

The Superintendent may review the written documents and respond or the Superintendent may schedule and hold a conference with the parent/guardian. The Superintendent will provide a written response within 10 business days after the conference.

If the parent/guardian is not satisfied with the remedy provided by the Superintendent, the parent/guardian may appeal to the Board of Education within five (5) business days of receiving the Superintendent’s response.

The Board of Education will then conduct a hearing pursuant to Board Policy 2500, Hearings Before the Board. The Board will provide a final written decision within 30 business days of receiving the appeal unless further investigation is necessary or the hearing necessitates that more time be taken to respond.

The parent is not required to exhaust these procedures before seeking a Section 504 impartial hearing. A parent may request an impartial hearing at any time. These procedures cannot be used to deny or delay a parent's right to a hearing.

A Section 504 impartial hearing is facilitated by the school district. The school district obtains the hearing officer to hear and decide the case. Employees, board members of the school district and those under contract by the school district are prohibited from serving as the hearing officer.

Section 504 regulations do not require that the selection of the hearing officer be a mutually agreed upon decision between the school district and the parents/guardians.

The Lee County Schools Impartial Hearing Officer is a person familiar with the Section 504 process and fits the 504 requirements.

The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Health and Human Services, Office for Civil Rights.

District 504 Coordinator

Anne Sessoms, Director of Exceptional Children, and/or Dr. Johnnye Waller, Director of Student Services can be reached at 919.774.6226.

Acknowledgments

Lee County Schools would like to thank the following for contributing to this manual:

Ann L. Majestic – Tharrington Smith, L.L.P.

John E. McCook, Ed. D.

James F. McKethan, Ed. D

Dr. Louis Fabrizio, Director, Division of Accountability Services, North Carolina Department of Public Instruction

The Answer Book of Section 504, Second Edition, John W. Norlin, Susan Gorn

Student Access: A Resource Guide for Educators, Council of Administrators of Special Education, Inc.

U. S. Department of Health and Human Services, Office of Civil Rights

Chapel Hill – Carrboro City Schools

504 Coordinators of Lee County Schools

Appendix

Transitory Impairment Plan

Parent/Guardian Request for Consideration Section 504/ADA

Parent/Guardian Request for Consideration Section 504/ADA - Spanish

Parent/Guardian Notice of Initial Referral

Parent/Guardian Notice of Initial Referral – Spanish

Procedural Safeguards/Parent Rights Under Section 504

Procedural Safeguards/Parent Rights Under Section 504 - Spanish

Letter to Parents Regarding Existing Health Plan

Letter to Parents Regarding Existing Health Plan – Spanish

Section 504 Eligibility Worksheet

Medical Report

Section 504/ADA Eligibility and Accommodation Plan

Notice of Annual Review

Notice of Annual Review - Spanish

Notice of Annual Review for Students Without a 504 Plan

Notice of Annual Review for Students Without a 504 Plan - Spanish

Changes in Testing Accommodations Memo

Instructions for Completing the College Board Student Eligibility Form

Services for Students with Disabilities Coordinator Form

Instructions for Completing the ACT Eligibility Form

Manifestation Determination Section 504/ADA

Student and Parent Grievance Procedure – Policy 1740-4010

Sample 504 Accommodations

ADA Amendments Act of 2008

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