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SECTION 504HANDBOOK AND IMPLEMENTATION GUIDEPROCEDURES AND FORMSFOR IDENTIFICATION, EVALUATION AND PLACEMENT UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973August 2012IntroductionSection 504 of the Rehabilitation Act of 1973, with its subsequent amendments, is a federal civil rights law that prohibits discrimination against students with disabilities. Section 504 regulations require school districts to provide appropriate education to students with disabilities. This manual provides guidance on the implementation of Section 504 by Charlotte-Mecklenburg Schools.The manual, computer fill-in and handwritten forms, parent guide, translated documents, and other resources are posted on the Charlotte-Mecklenburg Schools’ Intranet at: 504 IntranetMost forms are available in Spanish, Hmong, and Vietnamese. Please contact the CMS Section 504 office at 980-343-3653 if other translations are needed. The information in this handbook includes the changes resulting from the Americans with Disabilities Act Amendments Act of 2008, and reflects the Charlotte-Mecklenburg Schools’ ongoing commitment to educating ALL children in accordance with the CMS Board of Education’s vision and mission. This handbook was prepared by Charlotte-Mecklenburg SchoolsPreK-12 Support Services / Section 504 DepartmentIn compliance with federal law, Charlotte-Mecklenburg Schools administers all education programs, employment activities and admissions without discrimination against any person on the basis of gender, race, color, religion, national origin, age or disability.Contents TOC \o "1-3" \h \z \u The Law PAGEREF _Toc346090081 \h 7Eligibility PAGEREF _Toc346090082 \h 8Related Services: Occupational Therapy, Physical Therapy, & Audiology PAGEREF _Toc346090083 \h 10Inclusion PAGEREF _Toc346090084 \h 10District-wide Information PAGEREF _Toc346090085 \h 11Notice of Nondiscrimination PAGEREF _Toc346090086 \h 11Child-Find Activities PAGEREF _Toc346090087 \h 11Nonacademic Services PAGEREF _Toc346090088 \h 11Section 504 Process Steps PAGEREF _Toc346090089 \h 13Process Steps PAGEREF _Toc346090090 \h 14Testing PAGEREF _Toc346090091 \h 18Discipline and Section 504 Students PAGEREF _Toc346090092 \h 21Manifestation Determination Review PAGEREF _Toc346090093 \h 21CMS Discipline and Reassignment Final Regulations PAGEREF _Toc346090094 \h 24Section 504 Grievance Procedures PAGEREF _Toc346090095 \h 29Appendices PAGEREF _Toc346090096 \h 32Board of Education Policy PAGEREF _Toc346090097 \h 33Components of a 504 Evaluation by CMS School Psychologists PAGEREF _Toc346090098 \h 34Contact Information PAGEREF _Toc346090099 \h 35Clerical Support PAGEREF _Toc346090100 \h 35Department Intranet Site PAGEREF _Toc346090101 \h 35Additional Internet Sites PAGEREF _Toc346090102 \h 35Section 504 Professional Development Schedule for 2012-2013 PAGEREF _Toc346090103 \h 36Role Responsibilities PAGEREF _Toc346090104 \h 37Responsibilities of District Section 504 Compliance Specialist PAGEREF _Toc346090105 \h 37Responsibilities of the School-Level Section 504 Coordinator PAGEREF _Toc346090106 \h 37Forms List by Process Step PAGEREF _Toc346090107 \h 38Step 1 Concern PAGEREF _Toc346090108 \h 38Referral of Concern (8202) PAGEREF _Toc346090109 \h 38Parent Notification of Receipt of Referral of Concern (Optional) PAGEREF _Toc346090110 \h 38Step 2 Refer for Evaluation PAGEREF _Toc346090111 \h 38Parent Notification of a Section 504 Team Meeting (8205) PAGEREF _Toc346090112 \h 38Parent Consent for Initial Section 504 Evaluation (8203) PAGEREF _Toc346090113 \h 38Parent –Student Rights and Procedural Safeguards (8201) PAGEREF _Toc346090114 \h 38Related Service Referral and Consent (Optional) PAGEREF _Toc346090115 \h 38Medical Release (Optional) PAGEREF _Toc346090116 \h 38Step 3 Evaluation PAGEREF _Toc346090117 \h 38Teacher Input Form (8216) PAGEREF _Toc346090118 \h 38Medical Release (Optional) PAGEREF _Toc346090119 \h 38Step 4 Eligibility Determination PAGEREF _Toc346090120 \h 38Parent Notification of a Section 504 Team Meeting (8205) PAGEREF _Toc346090121 \h 38Documentation of Eligibility for Section 504 (8204) PAGEREF _Toc346090122 \h 38Parent Notification of Section 504 Eligibility Determination (8206) PAGEREF _Toc346090123 \h 38Minutes of a Team Meeting PAGEREF _Toc346090124 \h 38Step 5 Accommodation Plan PAGEREF _Toc346090125 \h 38Accommodation – Intervention Plan Section 504 (8207) PAGEREF _Toc346090126 \h 38Parent Notification of a Section 504 Team Meeting (8205) PAGEREF _Toc346090127 \h 38Teacher Input Form (8216) PAGEREF _Toc346090128 \h 38Review of Accommodations Used During Testing (State Form) PAGEREF _Toc346090129 \h 38Minutes of a Team Meeting PAGEREF _Toc346090130 \h 38Step 6 Implementation of Plan PAGEREF _Toc346090131 \h 38Teacher Input Form (8216) PAGEREF _Toc346090132 \h 38Progress Monitoring and Accommodation Review Worksheet PAGEREF _Toc346090133 \h 38Notification of Refusal to Use §504 Accommodations PAGEREF _Toc346090134 \h 38Step 7 Review PAGEREF _Toc346090135 \h 38Parent Notification of a Section 504 Team Meeting (8205) PAGEREF _Toc346090136 \h 38Notification of Refusal to Use §504 Accommodations PAGEREF _Toc346090137 \h 38Progress Monitoring and Accommodation Review Worksheet 1 PAGEREF _Toc346090138 \h 38Progress Monitoring and Accommodation Review Worksheet 2 PAGEREF _Toc346090139 \h 38Teacher Input Form (8216) PAGEREF _Toc346090140 \h 38Review of Accommodations Used During Testing (State Form) PAGEREF _Toc346090141 \h 38Additional Forms PAGEREF _Toc346090142 \h 39Behavior PAGEREF _Toc346090143 \h 39Functional Behavior Assessment (FBA) PAGEREF _Toc346090144 \h 39Behavior Intervention Plan (BIP) PAGEREF _Toc346090145 \h 39Manifestation Determination PAGEREF _Toc346090146 \h 39Notification of a Manifestation Determination Review PAGEREF _Toc346090147 \h 39Parent Notification of Results of Manifestation Determination Review PAGEREF _Toc346090148 \h 39504 Meeting Checklists PAGEREF _Toc346090149 \h 40Before the Meeting PAGEREF _Toc346090150 \h 40During the Meeting PAGEREF _Toc346090151 \h 40After the Meeting PAGEREF _Toc346090152 \h 40NC Wise Information PAGEREF _Toc346090153 \h 4121336002247900The LawThe LawGeneral InformationSection 504 of the Rehabilitation Act of 1973 with its amendments is a civil rights statute that prohibits discrimination against individuals with disabilities. This law is enforced by the Office for Civil Rights (OCR) and the EEOC (Equal Employment Opportunities Commission). Both agencies enforce Title II of the Americans with Disabilities Act of 1990 (ADA) reauthorized as the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. The reauthorization extends the prohibition against discrimination to the full range of state or local government services (including public schools), programs, or activities regardless of whether they receive federal funding or not. Under Section 504, denying a disabled student a Free Appropriate Public Education (FAPE) constitutes disability discrimination.Section 504 covers students with diagnosed, certified, or classified disabilities who attend public and some private schools. A student is “disabled” under the Section 504 regulations if the student meets any one of the three prongs of eligibility listed in 34 CFR 104.3(j)(1). To be protected under Section 504, a student must be determined to: 1) Have a physical or mental impairment that substantially limits a major life activity or 2) Have a record of such impairment, or 3) Be regarded as having such impairmentThe ADAAA did not change the actual language of the three prongs, but it did change how the various phrases used in the three prongs are understood. Congress provided, as part of its rules of construction in the ADAAA, that “The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.” This statement should guide the school’s Section 504 team’s evaluation of the potentially eligible student. The school’s Section 504 team is defined as a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options (34 CFR §104.35(c)).Section 504 requires that school districts provide a free and appropriate public education (FAPE) to students in their jurisdiction who have a physical or mental impairment that substantially limits at least one major life activity or major bodily function. All students are entitled to FAPE in North Carolina.Relationship between Section 504 and the ADAAAThe Americans with Disabilities Act (ADA), enacted in 1990 and amended in 2008 as the ADAAA and the Rehabilitation Act of 1973 (Section 504) are civil rights laws that protect individuals with disabilities from discrimination. The primary difference is that while Section 504 applies only to organizations that receive federal funding, the ADAAA applies to a much broader population. As of January 1, 2009, however, whatever applies to the ADAAA applies to Section 504 as well. Virtually every violation of Section 504 is also a violation of the ADAAA in the educational arena. In the event that a complainant alleges that the District has violated one statute, OCR and the EEOC will likely investigate for violations of the other statute.Section 504/ADAAA compared to the Individual with Disabilities Education Act (IDEA) Eligibility for protections and services under Section 504 is not the same as eligibility for IDEA. Section 504 has a much broader definition of disability than IDEA. Special education is the provision of IDEA while Section 504 is the provision that protects the civil rights and “levels the playing field” for students with mild to moderate disabilities in a general education setting who do not need special education. Students covered under IDEA with an Individualized Education Plan (IEP) do not need a separate Section 504 plan as provisions covered under Section 504 would be contained under IDEA.Eligibility The critical, overarching question to consider for eligibility under Section 504:“Does a student have a have a physical or mental impairment that substantially limits a major life activity or major bodily function?”Physical or Mental ImpairmentsSection 504 defines physical or mental impairment as: any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; orany mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilitiesThe regulation does not set forth an exhaustive list of specific diseases or categories that may constitute physical or mental impairments. The definition of physical or mental impairment under Section 504 is broad, including students with life-threatening health conditions that will put a student in danger of death during the school day, if medication or treatments are not in place. Substantial LimitationA physical or mental impairment substantially limits a major life activity if the student’s ability to perform a major life activity or major body function is decreased as compared to the student’s non-disabled age/grade peers. There is no single formula or scale that measures substantial limitation. Impairment need not prevent, or significantly or severely restrict a student in performing a major life activity to be considered substantially limiting. Title II provides three (3) factors to consider when determining whether or not the disability substantially limits a major life activity or major bodily function: Nature and severity of the impairment;Duration or expected duration of the impairment; AND Permanent, long-term impact or expected impact of the impairment.The determination of whether a student has a physical or mental impairment that substantially limits a major life activity or major body function must be made by the Section 504 team. The ADAAA (2008) expanded the definition of substantial limitation to ensure it reaches a broad spectrum of individuals without the consideration of mitigating measures such as medications and surgical interventions. Eyeglasses and corrective lenses are an exception to this rule (i.e. 504 teams may take into account a student’s eyeglasses when making eligibility determination). Mitigating MeasuresAs mentioned above, mitigating measures may be used by a disabled student to manage his or her impairment or lessen the impact of his or her impairment. Mitigating measures include medication, medical devices, related aids and/or services. These mitigating measures must be disregarded when determining whether a student’s impairment constitutes a disability under Section 504. However, the mitigating measures/supports may be considered when writing a student’s accommodation/support plan.Otherwise Qualified If a person with a disability wants to participate in an activity in which the individual is not otherwise qualified to participate, disallowing participation does not constitute discrimination. For example, a 16-year-old boy with attention deficit hyperactivity disorder (ADHD) tries out for the basketball team but cannot dribble, shoot, or pass. As a result, the coach does not allow the boy to play on the team. This is not discrimination under Section 504 because the boy is not otherwise qualified to be on the team.Transitory ImpairmentsA transitory impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time (usually 6 months or less). The issue of whether a transitory impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the expected duration of the impairment and the extent to which it actually limits a major life activity. A broken arm is one of the most common examples of a transitory impairment. Approved accommodations for students identified with transitory impairments include those accommodations that are approved for use by Section 504-eligible students. Students who are identified with a transitory impairment may receive testing accommodations. Accommodations that are being considered for use during testing must be used routinely during instruction and similar classroom assessments. The need for accommodations must be documented prior to testing. Copies of this documentation must be kept at the school and made available to test coordinators. Those administering tests with accommodations must be trained prior to the administration by the school system’s test coordinator or designee in the use of the specified accommodations. (Testing Students with Disabilities, North Carolina Testing Program Published August 2012)Transfer StudentsA student with an active Section 504 plan who enrolls in CMS from outside the district must be reevaluated within a reasonable time upon entry (recommended time frame is within 60 school days). A Section 504 team may accept the student’s current plan on a temporary basis while waiting to reevaluate the student. Upon evaluation, if the Section 504 team determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or perform any other major life activity, the student is no longer eligible for services under Section 504. A student who reenrolls in CMS must also be reevaluated to determine if the student continues to meet eligibility requirements. Once again, the Section 504 team may accept the student’s former plan on a temporary basis while waiting to reevaluate the student. The only exception would be if the student was exited from a Section 504 plan prior to withdrawal from CMS. In this case, the Section 504 team would begin the process for referring a student for eligibility determination.Impairments that are Episodic or in RemissionThe ADAAA declares that “An impairment that is episodic or in remission is a disability only if it would substantially limit a major life activity when active.” Although the language covers two different types of impairments with similar treatment, these impairments are better analyzed separately as there are significant differences between the two. Episodic ImpairmentsSome students have physical or mental impairments that vary in severity. Conditions such as seasonal allergies or asthma, migraines, rheumatoid arthritis, and cystic fibrosis are good examples of impairments that may be substantially limiting at times (in hot weather, when the student is stressed, when irritants or trigger factors are present) and have little impact at other times. Schools commonly qualify students under Section 504 if their condition, though not constant, episodically rises to the level of substantial limitation of a major life activity. Students should not be denied eligibility simply because the disability, at the moment of evaluation, is not substantially limiting, especially when the school knows from past experience that substantial limitation will likely occur. School Section 504 teams should look carefully at the range of data over a period of time and not just the student’s current level of performance. The timing of the evaluation should not function to preclude eligibility for students whose impairments are episodic and who are not substantially limited at the time of evaluation. Impairments in RemissionThe ADAAA language on impairments in remission is the same as episodic impairments: “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” An example is a student who had cancer that is now in remission. The student would be eligible if the cancer substantially limited when it was active in the past. Students who are receiving services under Exceptional Children Education (EC) A student with a disability who is eligible for the protections and provisions of FAPE under the IDEA is not eligible to receive Section 504 services. Once a student is eligible under the IDEA, the IEP team is responsible for the whole child (although still entitled to the Section 504 protections against discrimination and equal access). The District has no flexibility or discretion to provide services and accommodations under Section 504 when a student is IDEA-eligible.Related Services: Occupational Therapy, Physical Therapy, & AudiologySection 504 requires that related services be provided for students with disabilities if these services are essential to meet the student's educational needs. A related service can be provided under Section 504 to children who do not receive any other special education services or interventions. The CMS related services consist of physical therapy, occupational therapy, and audiology services. Related services staff must be contacted to assist in evaluating a student before services are provided. To request an evaluation, the Section 504 Team must email a completed Related Services Evaluation Referral form to cmssection504@cms.k12.nc.us. The school-level Section 504 coordinator will be contacted by the related services staff to schedule the evaluation.Students who receive a related service must receive progress monitoring to determine the effectiveness of the accommodations provided. Monitoring must be completed each quarter and reported to the student’s parent or guardian. The Progress Monitoring and Review Worksheet must be used to document the student’s progress. If a student refuses to use an accommodation or assigned equipment as stipulated in the student’s Section 504 Plan, the Notification of Refusal to Use Section 504 Accommodations form must be completed by following all procedures followed as outlined on the document. Equipment assigned to a student must be maintained and kept in working order. Equipment that is not in working order may compromise the implementation of a student’s Section 504 Plan. When a problem is noted with any equipment, notify the District Section 504 Office or the related service provider immediately. Inclusion Section 504, like the IDEA, requires that students with disabilities be educated with their non-disabled peers to the maximum extent appropriate while meeting the needs of students with disabilities. Schools should always place students with disabilities with their non-disabled peers, unless the school can demonstrate that the student's education program cannot be achieved satisfactorily, with or without supplementary aids and services in the general education setting. This mandate also applies to extracurricular activities such as field trips. Failure to adhere to the above guidelines violates the schools requirement to provide students with a Free Appropriate Public Education (FAPE).District-wide InformationNotice of NondiscriminationThe Charlotte-Mecklenburg Schools shall take steps to notify participants, employees, and applicants of district responsibilities under Section 504. The following notice shall appear in student/parent handbooks, teacher’s handbooks, non-certified personnel handbooks and published personnel recruiting materials: “In compliance with Federal Law, Charlotte-Mecklenburg Schools administers all education programs, employment activities and admissions without discrimination against any person on the basis of gender, race, color, religion national origin, age or disability.”Child-Find ActivitiesThe Charlotte-Mecklenburg Schools shall endeavor to locate and identify every qualified disabled person within the district who is not receiving a public education. The Section 504 staff will collaborate with the CMS Federal and State Compliance Department to engage in child-find activities and communication annually.Nonacademic ServicesQualified disabled students shall be provided an equal opportunity to engage in counseling services, physical recreation, athletics, transportation, special interest clubs, etc. For example, qualified disabled students shall:? not automatically be counseled towards certain career objectives more than non-disabled students with similar abilities.? have an equal opportunity to participate in physical education courses and athletics. Although qualified disabled students may participate in separate activities for the disabled, no qualified disabled student shall be denied the opportunity to compete (i.e. tryout) for membership on a team or to participate in courses that are not separate or different.Process StepsImplementation, Procedures, Referral, Evaluation, & PlacementSection 504 Process StepsA concern about a child that may be Section 504 eligible is presented by a parent or teacher. The Referral of Concern is given to the school §504 coordinator for referral to school team. The concern may address behavioral, medical, physical, or emotional well-being that is limiting the child’s ability to function at school.2367280123190Referral of Concern (8202)Parent Notification of Receipt of Referral of Concern (optional)A Completed Referral of Concern (8202)Parent Notification of Receipt of Referral of Concern (8205)Parent Consent for Initial Section 504 Evaluation (8203)Parent –Student Rights and Procedural Safeguards (8201)Minutes of a Team MeetingRelated Service Referral and Consent (optional)Medical Release (Optional)§504 school team receives the referral and makes a decision if the referral will go directly §504 team or to the Intervention Team (IT). If referred to §504, parents must sign Consent for Evaluation and are given a copy of the Procedural Safeguards before any evaluation may be initiated.Areas of concern are evaluated by using a variety of documented sources. This evaluation is the basis on which the student’s eligibility is determined. An actual meeting may not occur as this is the step where information is being collected in order to discuss in Step 4. Teacher Input Form (8216)Medical Release (optional)Documentation of Eligibility for Section 504 (8204)Parent Notification of a Section 504 Team Meeting (8205)Parent Notification of Section 504 Eligibility Determination (8206)Minutes of a Team MeetingThe §504 team determines if the student meets eligibility: has a mental /physical impairment that substantially impairs a major life activity or major bodily function. Accommodation – Intervention Plan Section 504 (8207)Parent Notification of a Section 504 Team Meeting (8205)Teacher Input Form (8216 )Review of Accommodations Used During Testing (State Form) Minutes of a Team MeetingIf §504 BIP, complete FBA/BIP (8211 & 8212)Once a student is identified as being eligible under §504, a decision is made regarding the type and the extent of services the student needs. The plan is written to address the areas where the student has a substantial limitation.Teacher Input Form (8216)Progress Monitoring and Accommodation Review Worksheet Notification of Refusal to Use §504 AccommodationsNC Wise documentationDocumentation of staff trainings and notifications of a student’s planIf §504 BIP, FBA/BIP (8211 & 8212)School staff are notified of a student’s accommodations under §504. A case manager is assigned. All necessary trainings are held and accommodations are implemented with the required progress monitoring. Accommodation – Intervention Plan Section 504 (8207)Parent Notification of a Section 504 Team Meeting (8205)Teacher Input Form (8216)Progress Monitoring and Accommodation Review WorksheetReview of Accommodations Used During Testing (State Form) Minutes of Team MeetingProgress monitoring, annual reviews and 3-year re-evaluations are conducted to determine if the plan is working and if adjustments are needed for the student.Process StepsStep 1 — Concern By completing the Referral of Concern (8202) form, a parent or school personnel initiates a process to determine if a student has a disabling condition that may be defined under Section 504. Forward completed form to the Section 504 school team for review.Send Parent Notification of Receipt of Referral of Concern to the parent if parent initiated the concern. Notify District Section 504 Office by emailing the Referral of Concern to cmssection504@cms.k12.nc.us. Subject line should read Referral of Concern.Step 2 — Referral for a Section 504 EvaluationSection 504 team meets to review referral. If parent is invited, send invitation Parent Notification of a Section 504 Team Meeting (8205). Be sure to allow 10 days notice unless parent agrees to waive the time in order to meet sooner. Document this information.Section 504 team reviews the referral and accepts, rejects, or makes other recommendations concerning the referral.A reasonable basis upon which to suspect that the child may have a qualifying disability is all that is needed to warrant an evaluation.There may be instances where the Section 504 team rejects a referral for a 504 evaluation. If the team determines that the referral does meet criteria for consideration of a Section 504 evaluation, the team will provide a written rationale supporting the decision, along with recommendations to further support the student’s progress. If a child’s particular disability warrants more specialized instruction than offered through Section 504, the Section 504 team should refer the student to the Intervention Team. Following Intervention Team process, a student may be referred back to the Section 504 Team for an evaluation.Provide the parent with a written statement of the team’s decision and a copy of Parent –Student Rights and Procedural Safeguards.If an evaluation is to be conducted, written parental consent must first be secured using the Notice and Parent Consent for Initial Evaluation form.If the evaluation includes occupational therapy, physical therapy and/or audiology services, fax the completed Related Service Referral and Consent form to the Section 504 rm the District Section 504 Office of the status of referral, preferably by email at cmssection504@cms.k12.nc.us .Step 3 — Conduct Section 504 EvaluationAfter obtaining parental consent, the Section 504 school team gathers information from a variety of sources, which may include cumulative records (grades, attendance, test scores), teacher’s notes (behavior charts/contracts, anecdotal notes), or other sources (medical reports, parental observations).Information must be selected to assess the area of educational concern impacted by the suspected disability. Information collected will be the basis on which the student’s eligibility is determined.While medical reports are not always required to determine eligibility under Section 504, access to medical records may assist the school team in making the best decisions for the student in some situations. For the school to obtain any necessary medical information, the parent must consent by signing a CMS release of information form.CMS school psychologists are trained to perform evaluations for Section 504 students in several areas. Consult with your school psychologist to determine how to initiate this process.Be sure any related service evaluations are completed prior to scheduling an eligibility meeting.Step 4 — Eligibility Determination and Evaluation Results MeetingSchedule and invite Section 504 team members. Remember to include the parent, school nurse, related service providers and/or school psychologist (when appropriate) and other professionals that are knowledgeable about the student, the student’s disability, and placement options, as needed. Send Parent Notification of a Section 504 Team Meeting.The Section 504 team meets and considers evaluation data to determine if the individual has a mental or physical impairment that substantially impairs a MLA/MBF using the process outlined on the Documentation of Eligibility for Section 504 form.Section 504 eligibility determination meetings should:be based on information from a variety of sources, e.g. teacher(s), other school staff members, a parent/legal guardian, physician, school nurse, other professionals or persons in the community; and be conducted by a group of people, including those who are knowledgeable about the child, the suspected disabling condition, evaluative procedures, the meaning of evaluative data, and accommodation/placement options.Document and consider all available pertinent information, e.g. records, assessment data or medical reports related to the suspected physical or mental impairment, which may be substantially limiting a major life plete Parent Notification of Section 504 Eligibility Determination after the meeting.Take minutes during this meeting. Be sure all forms are signed by team members at this meeting. Neither attorneys nor District Section 504 staff are members of the school-based 504 team and therefore, do not sign such forms.Step 5 — Section 504 Accommodation Plan DevelopmentDevelopment of the Section 504 plan may occur during with the eligibility meeting.Evaluation data is used to develop and write accommodations. Accommodations must address the areas related to the major life activity and/or major bodily function in which the student is substantially limited. Accommodations are to provide the student with an equal opportunity to benefit from instruction, programs, and services provided by the District.As Section 504 team members, parents should be consulted and given an opportunity to share input.If a medical plan is being considered, the school nurse must be invited to the meeting. If a related service is being considered, the related service provider (OT, PT, or audiologist) must be invited and attend this meeting.If the program assignment is for a Section 504 BIP, the Behavior Intervention Plan (BIP) needs to be developed based on the Functional Behavior Assessment (FBA). A draft document may be prepared in advance, but it should be made clear that the document is merely a draft and not a predetermination of the student’s Section 504 plan.When including testing accommodations, please refer to the Testing Students with Disabilities (2012). Whenever possible, include the school test coordinator in this part of the meeting. Upon completion of the Section 504 Plan, the school test coordinator receives a copy of the Section 504 plan if testing accommodations have been documented.Document as much information as possible in the meeting minutes.Be sure to obtain signatures from team members. If a team member is unable to attend, include a statement to reflect the absence or consider rescheduling the meeting.Step 6 — Implementation Provide the student’s teachers and staff members an overview of accommodations and supports.Request training on specialized accommodations and services, (e.g., administration of Epi-pen), and crisis/medical plan implementation.Remind teachers and school staff to implement the accommodations according to the student’s Section 504 plan.Remind teacher to complete the Notification of Refusal to Use §504 Accommodations. If the student refuses to use any of the accommodations on the Section 504 plan: Teacher(s) will notify the school-level Section 504 coordinator and parent, as directed.If the student refuses medical accommodations, contact parents immediately.Progress monitor accommodations. Complete Progress Monitoring and Accommodation Review Worksheet according to the timetable established on the student’s Section 504 plan.Step 7 — Review/Re-evaluation Review each student's accommodations and/or services annually, or sooner, if needed.Conduct a full re-evaluation at least every three years. A full re-evaluation may occur more often when reasonably requested by parents or school personnel.A three-year re-evaluation is conducted like an initial Section 504 evaluation.Determine if the student continues to qualify under Section 504;Determine if the student continues to need accommodations; and Determine to what extent supports are needed. An updated medical diagnosis is requested so medications and accommodations can be revised, as needed.A re-evaluation is conducted prior to a significant change of placement such as long-term suspension/expulsion, exit from Section 504, or graduation from school. Be sure to document all meetings and send appropriate notification and follow-up paperwork to parents, teachers, the District Section 504 Office, and legal counsel, as needed.Follow Up ProceduresBe sure both Program Assignment and the Section 504 Plan are completed in NC Wise. Follow directions in the NC Wise manual or contact your zone’s Section 504 compliance specialist for assistance.Send an electronic (PDF) copy of all initial paperwork, including signature pages to cmssection504@cms.k12.nc.usStudent Section 504 paperwork is maintained at the school site in the student’s cumulative folder in a yellow folder. A sample of the manner in which the folder should be organized can be viewed on the Intranet in the 504 Documents section. Working files may be contained in the Section 504 school-level coordinator’s office. Working files are not the student’s official Section 504 records.Accommodations and Testing Guidelines152590538100 4130040242316017119601720215AccommodationsOverviewThe purpose of an accommodation under Section 504 is to “level the playing field” for students with disabilities. Accommodations allow students with disabilities to have access to their learning environment, manage a medical condition, participate in class activities, and demonstrate their level of mastery of concepts without being impeded by their disability. Accommodations that include an instructional component should be written so the integrity of the course content is maintained while not providing students an unfair advantage. Accommodations needed to manage a medical condition should allow the student opportunity to take care of his/her condition.Once the Section 504 team identifies a student as eligible under Section 504, appropriate accommodations are written into a student's Section 504 plan. These accommodations must be implemented by all staff who interact with the student until a revision of the plan is made. Modifications of a student’s Section 504 accommodations require a Section 504 team meeting and a collective team decision. If a student refuses to use a documented accommodation, the teacher must complete the Parent Notification of Refusal to Use an Accommodation form and implement the follow-up procedures explained on the form. If a student consistently refuses to use an accommodation (including equipment provided by CMS), notify the school-level Section 504 coordinator to schedule a meeting to determine if there is a need for this accommodation.If a student refuses to use a health-related or medical accommodation (such as a prescribed medication), notify the school nurse and parent(s) immediately and complete the Parent Notification of Refusal to Use an Accommodation form.Each student is an individual, so each student’s Section 504 accommodation plan must be constructed individually. While there are accommodations that are commonly used to address and manage certain specific conditions, each student’s needs must be considered when choosing the appropriate accommodations. Selecting and monitoring the effectiveness of accommodations should be an ongoing process. Changes to a student’s Section 504 accommodations should only be made with the collective involvement of students, parents and educators as a 504 team, and should be made as often as needed. The key is to be sure that the chosen accommodations address student’s specific areas of need and are related to the student’s disability.Accommodations listed on a student’s Section 504 Plan must be monitored for effectiveness in assisting the student in the area of disability. Progress monitoring should be completed quarterly using the Progress Monitoring and Accommodation Review Worksheet. Any accommodations that are not effective should be revised or eliminated from the student’s Section 504 Plan through a Section 504 Team Meeting. Accommodations are recorded on NC Wise in the Plan section. Specific information should be recorded in the boxes provided. TestingTesting accommodations for a Section 504 student should be based on the student’s accommodations/interventions used during the identification and progress monitoring process. If a student needs a testing accommodation, the accommodation must be used every time a student is tested. In order for a testing accommodation to be used for district and state—mandated tests, it must be considered routinely used in the classroom. To be considered as routinely used, the accommodation must be in place for at least 30 calendar days before the test window opens in order for the student to use the accommodation listed on the Section 504 plan. Testing accommodations should in no way alter the content of the assessment or interfere with the integrity of the test construct. Testing accommodations CANNOT be implemented solely for district or state-wide assessments. School assignments and tests completed with accommodations should be graded the same way as those completed without accommodations. Accommodations are meant to “level the playing field,” provide equal and ready access to the task at hand, and are not meant to provide an undue advantage for the student.When developing testing accommodations, the Section 504 team must consult with the test coordinator at the school and refer to the Testing Students with Disabilities (TSWD 2012) guide distributed through the North Carolina Department of Public Instruction. This guide contains the necessary information to develop and record allowable accommodations which meet the criteria for state-mandated testing. For more specific information, please refer to the Testing Accommodations – Descriptions and Procedures section of the Testing Students with Disabilities guide.Section 504 Teams should use the following forms when determining and using test accommodations: Section 504 Testing Accommodations Chart; and Review of Accommodations Used During Testing form. The Accommodation Notification Form North Carolina Testing Program is rarely used and the school test coordinator should be contacted before completing this form.Extended Test TimeTypically, extended test time is considered a reasonable accommodation when a student's disability prevents demonstration of mastery of the tested material within the allotted time. Extended test time is a routine accommodation for students with disabilities when assessment of the student's mastery of content is the main purpose of the testing. However, when a particular test is designed to measure a student's ability to think and answer questions within time constraints, extended time is probably not a reasonable accommodation. In this instance, OCR supported the district's refusal to allow a disabled student extended test time to complete a test on computer keyboard proficiency, when mastery involved testing for speed and accuracy. [Ann Arbor (MI) Pub. Sch. Dist., 30 IDELR 405 (OCR 1998)]. School districts should allow extended test time only when the student demonstrates a disability-related need for the accommodation. Requests for extended time to complete all assignments, including tests, quizzes, homework and classwork, should not be granted when supportive evidence indicates that the student always completes tests in less than the time allotted and earned mostly A's. [See Apple Valley Unified Sch. Dist., 25 IDELR 1128 (SEA CA 1997)].Discipline1143000773430Discipline and Section 504 Students This section offers guidance on how to properly manage disciplinary cases pertaining to students with disabilities. Note that the discipline of a student with a disability should be determined on a case-by-case basis, with assistance of the CMS Office of General Counsel when legal or policy concerns arise. Individual cases and situations should be considered on their own merit, and individual circumstances should be considered in all situations. It is critical for school staff to remember that students with disabilities cannot be denied services based solely on their disabilities.Manifestation Determination Review General Overview Section 504 protects disabled students from being improperly removed from school for misconduct that is related to their disability. Before CMS can implement a disciplinary action that constitutes a “significant change in placement," the Section 504 school team must evaluate the student to determine whether the student’s misconduct was caused by, or had a direct and substantial relationship to, the student’s disability; or was the direct result of the District’s (school’s) failure to implement the student’s Section 504 Plan. This type of evaluation is commonly called a manifestation determination review.If a student’s misconduct is a manifestation of his or her disability, CMS cannot implement a disciplinary action that constitutes a significant change in the student’s placement. If a disabled student’s misconduct is not a manifestation of his or her disability, CMS can discipline the student in the same manner that it disciplines non-disabled students for the same misconduct. Under Section 504, the District does not have to provide a disabled student educational services during the period of time the student is properly removed from school for disciplinary reasons. However, students must be given the same access to services that are available to non-disabled students who are long-term suspended or expelled, including access to re-entry programs. Overall, a Manifestation Determine Review (MDR) is held:when suspending a student for more than 10 days when a school plans to give a student an out-of-school suspension (OSS) that may be fewer than ten (10) days, but when combined with previous suspension days in the current school year, would exceed ten days of OSS. Important Notes: The school may immediately suspend the student, but the MDR must take place within 10 days of the decision to suspend.Parents must receive a 10-day written notice of MDR. A parent has the right to waive the 10-day notice.The MDR must be conducted within 10 school days of any decision to make a “significant change in placement” of a child with a disability due to a violation of the Student Code of Conduct.Significant Change in Placement A significant change in placement is defined as a significant change in the type or amount of educational or related aids or services that CMS provides to a disabled student. A significant change in placement may include, but is not limited to: terminating eligibility under Section 504;initiating or terminating a service; disciplinary actions that exclude a student from school for more than 10 consecutive school days in a school year disciplinary actions that create a pattern of exclusion from school;A series of out-of-school (OSS) suspensions within a school year that exceeds ten (10) cumulative days may create a pattern of exclusions that OCR would also consider to constitute a significant change in placement. Serial suspensions constituting a change in placement must be determined on a case-by-case basis. Factors such as length of each suspension, the proximity of suspensions to one another, and the total amount of time the student is excluded from school must be considered when trying to determine a pattern of serial suspensions.When determining the number of OSS days a student has accumulated, only days within the given school year are counted. Each student every year begins with a clean slate. However, data from prior years may be considered when developing accommodation and behavior intervention plans.In-school Suspension Considerations In-school suspensions (ISS) must provide an educational benefit equivalent for Section 504 students that is provided to all students who are in school in regular education classrooms. Normally, students placed in an ISS class are expected to work semi-independently in an environment where they are subject to restricted movements, have limited restroom breaks, and must be silent for extended periods. In some cases, particularly for periods greater than ten (10) days, in-school suspension (ISS) may constitute a significant change in a Section 504 student’s placement because ISS placement may interrupt the current accommodations specified in the student’s Section 504 Plan. Therefore, if ISS is uses as a substitute for OSS all criteria above must be considered.Schools seeking to use the in-school suspension (ISS) exception for a few days at a time should follow the U.S. Department of Education IDEA regulations of 2006. This report explains three critical factors the school should consider when using ISS and not count those days towards a pattern of exclusion. The commentary from the report states that:“...it has been the Department’s long-term policy that an in-school suspension would not be considered a part of the days of suspension addressed in Section 300.530 as long as the child is afforded the opportunity to continue to appropriately participate in the general curriculum, continue to receive the services specified on the child’s IEP, and continue to participate with nondisabled children to the extent they would have in their current placement.” (p. 17)Manifestation Determination Review (MDR) MeetingA Manifestation Determination Review (MDR) Meeting is needed when a student’s placement may be significantly changed by disciplinary action as a result of his/her misconduct. Usually, a short-term out of school (OSS) suspension of ten (10) days or less does not constitute a significant change in the student’s placement. Therefore, a manifestation determination review meeting is not necessary when a student’s suspension is deemed a short-term suspension, as placement would not constitute a significant change. A Manifestation Determination Review meeting is essentially an evaluation that answers two questions: Is the misconduct in question related to the student’s disability? To answer this question, this determination must be based upon evaluation data (reports, observations, information, etc.) which is related to behavior and must be recent enough to afford an understanding of the student’s current behavior. A student’s misconduct is a manifestation of his/her disability if the misbehavior “is caused by the disability” or “has a direct and substantial relationship to the disability.” A student’s misconduct is not a manifestation of the student’s disability if the behavior has only a weak relationship to the student’s disability. A determination that a student knows the difference between right and wrong does not constitute a determination that the student’s misconduct was or was not a manifestation of the disability. Is the misconduct in question the direct result of a failure to implement the Section 504 Plan? A variety of sources, including aptitude and achievement tests, teacher reports, physical condition, social or cultural background, and/or adaptive behavior, must be considered when answering this question. Review the student’s current Section 504 Plan to determine if all accommodations were implemented correctly. Also check the dates on the plan and determine if the Section 504 Plan is current. If there is no current Section 504 Plan in place for this student or the accommodation was not implemented correctly, a new Section 504 Plan should be developed immediately and the misconduct in question for this manifestation would be considered a “failure to implement” the Section 504 Plan. Determinations The Manifestation Determination Review (MDR) must be held within 10 school days of the day on which the student was disciplined for the misconduct in question. Until the Manifestation Determination Review is conducted, the student may be suspended from school. Parents/guardians must receive written notification of the MDR. Students, especially individuals in middle and high school, should be invited to attend the MDR.If the Section 504 Team determines that the student’s misconduct was a manifestation of the student's disability, the student must be returned to the same educational placement where the student was at the time of the incident. In addition, the following steps should be followed:Modify the current educational placement or make, if appropriate, an alternative educational placement.Conduct a Functional Behavioral Assessment (FBA) and implement or modify the current Behavior Intervention Plan (BIP)Return the student to the placement from which the student was removed, unless the parent/guardian and the district or home school agree to a change of placement as part of the modification of the Behavior Intervention Plan.If the Section 504 Team determines that the student’s misconduct was not a manifestation of the student's disability, the school may initiate “normal” disciplinary procedures that would be given to a non-disabled student under the same circumstances. The result of the Manifestation Determination is documented by the Section 504 Team making the decision using the Manifestation Determination Review (MDR). The parent/guardian must receive the written notification of the Section 504 Team’s decision within 24 hours of the determination meeting. The notification will inform the parents/guardian of their right to initiate a due process hearing to challenge the Section 504 Team’s decision, if they disagree with the decision.Paperwork from this meeting is emailed to cmssection504@cms.k12.nc.us for an overall compliance review. A follow-up email will be sent to the school principal, zone superintendent, and area administrator (student services). If the student’s file is compliant, contents of this email will include the permission to schedule a hearing for further disciplinary action to proceed, plus any revisions that may be needed for a student’s Section 504 plan. If the file is not compliant, the school Section 504 coordinator or principal will be contacted to explain why the file is not compliant and to determine the next step in the process.Even in situations where a Manifestation Determination Review (MDR) is not legally required, OSEP strongly encourages districts to review the circumstances that led to the student's removal as soon as possible and consider whether the student was provided services in accordance with the Section 504 plan. OSEP also encourages the district to consider whether the behavior could be addressed through minor classroom or program adjustments or whether the Section 504 team should be reconvened to address possible changes to the student’s plan. [OSEP Memorandum 97-7, 26 IDELR 981 (OSEP 1997)]. CMS Discipline and Reassignment Final Regulations After student commits offense resulting in suspension:Ten Days or Less of Out-of-School SuspensionIf this suspension results in no more than 10 cumulative days of out-of-school suspension (OSS) in one school year, and the school administration is not requesting a Disciplinary Team Meeting (DTM) for consideration of long-term suspension, expulsion or disciplinary reassignment, the school follows the same disciplinary procedures as for non-disabled students. There is no requirement that the team conduct a manifestation determination review (MDR) at this time. More than Ten Days of Out-of-School SuspensionIf this suspension results in more than 10 cumulative days of OSS in one school year, the 504 (IEP) team must complete a Manifestation Determination Review (MDR). If the school is also requesting a DTM, the 504 (IEP) team must complete the MDR prior to the DTM meeting.If manifestation is found, the DTM is canceled and the student returns to school.If manifestation is not found, the DTM proceeds as scheduled.Interim Alternative Educational Settings (IAES) (45 day rule)If a Section 504 student carries a weapon to school, or to a school-sponsored event or function; possesses, uses, sells, or solicits illegal drugs on school grounds or at a school-sponsored event or function; or inflicts serious bodily injury upon another person at school or a school-sponsored event or school function, CMS may place the student in an interim alternative educational (IAES) setting for up to 45 school days. However, a Manifestation Determine Review must be scheduled during that time to review the student’s Section 504 Plan, discuss the need for a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP), and determine if the behavior was a manifestation of the student’s disability. If further information is needed on this process, school staff should contact the Section 504 Office. Terms DefinedWeapon“Weapon” is a device, instrument, material, or substance, animate or inanimate, which is used for or is readily capable of, causing death or serious bodily injury; except that such term does not include a pocket knife with a blade less than 2-1/2 inches in length.Illegal Drugs"Controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act. This refers to any prescription drug or a drug that has not received medical approval. "Illegal drug" means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law (i.e. drugs without prescription). Serious Bodily Injury“Serious bodily injury is an injury that results in: a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; and/or protracted loss or impairment of the function of a bodily member, organ, and/or mental faculty. Appeal Rights and Placement During Appeals If a parent disagrees with a determination that a student’s behavior was not a manifestation of the student’s disability or with any decision regarding placement for disciplinary purposes, the parent may appeal the determination. Refer to the section Parent-Student Rights and Grievances for more information.Functional Behavioral Assessments and Behavior Intervention Plans The Section 504 Team must consider conducting a Functional Behavioral Assessment (FBA) and developing a Behavior Intervention Plan (BIP) for students who demonstrate difficulty with maintaining appropriate behavior in school. Any Section 504 student who has been removed from school more than 10 school days during the current school year who demonstrates a pattern of behavior that is impacting the student’s functioning must be considered for developing a Behavioral Intervention Plan (BIP). Such consideration must be given even if the original qualifying disability was not behavior related. To do this, the Section 504 Team must meet to initiate a Functional Behavioral Assessment (FBA), then implement a Behavior Intervention Plan (BIP). The Section 504 Team must review the Behavior Intervention Plan (BIP) periodically, and after each removal/exclusion from school, to determine the effectiveness of the plan. If one or more team member(s) believe(s) modifications are needed, the Section 504 Team meets to consider those modifications and amend the BIP. This process may be conducted at any time; however, if the student’s misbehavior results with a Manifestation Determination Review, where the misconduct was determined to be a manifestation of the student's disability, the Section 504 Team must either:Conduct a Functional Behavioral Assessment (FBA), unless previously conducted, and then implement a Behavior Intervention Plan (BIP); orReview the Behavior Intervention Plan (BIP), and modify it, as necessary, to address the behavior.Parent-Student Rights and Responsibilities10820408636043110151366520870585331343043141901532255Parent/Student RightsUnder Section 504 of the Rehabilitation Act of 1973 and Its AmendmentsCHARLOTTE-MECKLENBURG SCHOOLSThe Rehabilitation Act of 1973, commonly referred to as Section 504, is a non-discrimination statute enacted by the United States Congress.? The purpose of the Act is to prohibit discrimination and to assure that within the public schools disabled students have educational opportunities and benefits equal to those provided to non-disabled students.An eligible student under Section 504 is a student who (a) currently has, (b) has a record of having, or (c) is regarded as having a physical or mental impairment which substantially limits one or more major life activities.? Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.Parents have the rights to:Have your child take part in, and receive benefits from public education programs without discrimination based on a disability.Have the District advise you as to your rights under federal law.Receive notice with respect to identification, evaluation, or placement of your child.Have your child receive a free appropriate public education (FAPE). This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.Have your child educated in facilities and receive services comparable to those provided to children without disabilities.Have your child receive special education and related services if she/he is found eligible under the Individuals with Disabilities Act (IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act.Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the eligibility data, and placement options.Periodic re-evaluation and evaluation before any significant change in placement occurs.Give your child an equal opportunity to participate in non-academic and extracurricular activities offered by the District through the provision of reasonable accommodations.Examine all relevant records relating to decisions regarding your child’s identification, eligibility, educational program and placement under the Family Educational Rights and Privacy Act. The requirements are described in the Board’s policy manual on file at the CMS Web site.Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.Receive a response from the District to reasonable requests for explanations 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 District refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.Request an impartial due process hearing related to decisions regarding your child’s identification, eligibility, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost. You have the right, also, to appeal the impartial hearing officer’s decision. File a complaint with the District when you believe your child’s rights have been violated.School-Level Section 504 Coordinator:Section 504 District Compliance Specialists:Name Bettie ChisholmCynthia Vines 4511 Monroe Road4511 Monroe Road Charlotte,?NC?28205Charlotte,?NC?28205Phone Number PH: (980) 343-6169PH: (980) 343-0589FAX: (980) 343-0972FAX: (980) 343-0972bettie.chisholm@cms.k12.nc.uscynthiap.vines@cms.k12.nc.uscmssection504@cms.k12.nc.uscmssection504@cms.k12.nc.usGrievance ProceduresSection 504 Grievance ProceduresCharlotte-Mecklenburg Schools has an internal resolution procedure to provide a prompt and impartial review of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973. This is an optional resolution procedure for a complainant. The resolution procedure is not a prerequisite before a complainant may directly pursue any other state or federal remedy available under law.Section 504 complaints may include, but are not limited to, allegations that Charlotte-Mecklenburg Schools engaged in discrimination against Section 504 students with disabilities by affecting their rights regarding identification, evaluation, educational program or placement, and accommodation. As part of an informal approach to complaint resolutions, the District wants parents, students and other District patrons to have the opportunity to make concerns known to the District and for the District to have the opportunity to respond and resolve concerns as rapidly as practicable at the local school or program site level.Filing a discrimination complaint is a protected activity. Discrimination against any individual because he or she reported Section 504 violations, or made a complaint, testified, assisted or participated in Section 504 investigations, proceedings or hearings is prohibited. Coercion, intimidation, threats or interference with anyone because he or she exercised Section 504 rights, or helped or encouraged someone else to do so is prohibited.These procedures are intended to protect the substantive rights of interested persons, meet appropriate due process standards, and assure District compliance with Section 504 of the Rehabilitation Act of 1973. Definitions “Complaint” means a written allegation that the district or its personnel have violated, misinterpreted or erroneously applied provisions of Section 504. The complaint must contain the name and address of the complainant and a brief description of the alleged violation;“Complainant” includes (1) a parent or guardian of a district student, (2) a district high school student who is 18 years of age or older, (3) a district patron;“Principal” means district‐wide administrators, principals, program supervisors and their respective administrative designees.Grievance Steps Informal Level 1 Complaints should be filed with the principal of the school which the student attends. The complaint should include a written explanation of the concern and be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation.After receiving the complaint, the principal will notify the District Section 504 Compliance Specialist and additional District staff as needed. The principal will begin an investigation and schedule a conference with the complainant to discuss the complaint. A conference will be held as promptly as practicable, but in any event, no later than 14 school days after receipt of the complaint, unless the complainant agrees to a different timeline. These resolution procedures contemplate informal but thorough investigations, affording all interested parties and their representatives, if any, an opportunity to submit evidence relevant to a complaint.The above conference will be conducted in an informal manner designed to provide an opportunity for the complainant to fully explain the nature of the complaint, the circumstances which give rise to it, and the resolution requested. The conference should give the principal the opportunity to fully discover the facts which bear on the complaint. As soon as practicable, but no later than 30 calendar days after the conference, the Principal will prepare a written report resolving the complaint and send the complainant a copy with additional copies submitted to the District Section 504 office. The report will summarize the complaint and conference and state the conclusions, the reasons supporting them, and the remedial action, if any which the principal intends to take. For Section 504 compliance purposes, the principal will maintain the files and records of complaints received and investigated. At any point in this process the principal may consult with the District Section 504 compliance rmal Level 2The complainant may request reconsideration if he or she is dissatisfied with the Level 1 resolution. The request for reconsideration must be made within 20 school days after receipt of the written report by complainant. The request for reconsideration must be in writing and directed to the District Section 504 compliance specialist. The District Section 504 compliance specialist will review the Level 1 investigation, conduct any additional interviews or procedures necessary to understand the situation, and make a written report to the complainant and the school within 20 school days of receiving the request. The report will state relevant findings of fact, conclusions and the reasons supporting them. Upon review, if either party is dissatisfied, a formal hearing may be requested by contacting District Section 504 specialist who will assist in initiating this process. Formal Level 3 If the informal procedure fails to satisfy the dispute, the formal hearing process is available through the use of an impartial hearing officer. Selection of a Hearing OfficerFrom a list of impartial hearing officers the District Section 504 compliance specialist and the complainant shall jointly select a hearing officer for the adjudication of the dispute. In order for an individual to be qualified to serve as a hearing officer they must meet the following qualifications:The individual may not be a current or former employee of Charlotte-Mecklenburg Schools (CMS).When possible, the individual should have a background in meeting the needs, or working with individuals with disabilities or civil rights issues. The individual may not have any prior knowledge of the particular complaint. Failure to Request a HearingA request for a hearing under this procedure must be made within thirty (30) days of the incident or the individual waves his/her rights to this process. However, complaints filed under terms of the Rehabilitation Act of 1973 and its amendments or the Americans with Disabilities Act and its Amendments of 2008 (ADAAA), are not waived and the individual may pursue a resolution through that process. Procedures Governing the Grievance HearingAll grievance hearing procedures will be held before the hearing officer. The complainant or his/her representative shall have the opportunity to examine, before the start of the proceedings, all relevant materials. The complainant shall have the right to secure aid, at their expense, in representation whether of a professional nature or otherwise; including, but not be limited to, attorneys, health professionals, or any other person beneficial to the presentation of the case. The grievance hearing shall be held in private. A public grievance hearing will be given consideration if requested by the complainant. The complainant has the right to present any and all pertinent evidence and cross-examine any and all witnesses. The decision of any and all grievance hearings shall only be based on facts presented at the time of the grievance hearing. Failure to Appear for the HearingIn the event that the Charlotte-Mecklenburg Schools (CMS) representative or the complainant or his/her representative(s) fails to show, the hearing officer may postpone the hearing for up to five (5) days or find against the party who failed to show. This determination does not affect the complainant’s or the District’s rights to pursue any other legal process available. Procedures for Obtaining a Transcript of the HearingA transcript of the grievance hearing may be arranged prior to the grievance hearing date at the request of either party. The party requesting the transcript is responsible for the expense of this procedure. Decision of the Hearing OfficerThe hearing officer must issue a written decision of the grievance hearing within ten (10) working days and furnish a copy to all parties. A copy must be kept on file with the Section 504 office. An additional copy of the decision with all names deleted shall be kept on file for future reference. Appeal of the DecisionWithin ten (10) calendar days of the final report, either party may appeal the hearing officer’s decision to the CMS Superintendent by filing a written request for this review with the District Section 504 compliance specialist.The written request must be directed only to the issues raised in the formal complaint as filed or to procedural errors in the conduct of the grievance procedure itself, and not to new issues. The District Section 504 compliance specialist will forward the appeal to the CMS Superintendent, and provide copies to all parties involved. If the grievance involves a decision that is being challenged, the review to the CMS Superintendent or designee will usually be limited to the following considerations:Were the proper facts and criteria brought to bear on the decision? Were improper or extraneous facts or criteria brought to bear that substantially affected the decision to the detriment of the complainant?Were there any procedural irregularities that substantially affected the outcome of the matter or the detriment of the complainant?Given the proper facts, criteria, and procedures, was the decision a reasonable one?A copy of the Superintendent’s written decision will be provided within 30 days of the receipt of the appeal and shall be sent to the complainant, the District Section 504 compliance specialist and, if appropriate, the school personnel whose compliance will be needed to carry out the disposition. The deadline may be extended by the CMS Superintendent for cause. After completion of these processes if the complainant finds he/she is still being discriminated against, he/she maintains the right to file a complaint with the Office for Civil Rights with the Department of Education.This procedure was developed and revised to protect the substantive rights of interested persons, meet appropriate due process standards, and ensure Charlotte-Mecklenburg Schools (CMS) complies with Section 504 of the Rehabilitation Act of 1973 and its amendments and the Americans with Disabilities Act and its amendments of 2008 (ADAAA) and their implementing regulations.Appendices 3619500518795Information ListCharlotte-Mecklenburg Schools Board of Education PolicyComponents of a Section 504 Evaluation by CMS School PsychologistsContact InformationForms List by Process StepNC Wise InformationMeeting ChecklistProfessional Development Schedule Role ResponsibilitiesCharlotte-Mecklenburg Schools Board of Education PolicyBoard of Education PolicyPolicy Code: IHBA Special Education/Programs for Handicapped/Disabled/Exceptional StudentsIt is the policy of the Charlotte-Mecklenburg Schools (CMS) to comply with applicable federal and state laws relating to the education of children with special needs, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and its applicable amendments and, the Americans with Disabilities Act (1990) and its amendments of 2008 (ADAAA). Information regarding procedures for compliance will be made available to the public at each school, the CMS office of Federal and State Compliance, the Pre-K-12 Student Support Services Office and in the office of the Exceptional Children Program. Date of Adoption:5/9/88Revised: 1/29/90, 11/26/90, 9/17/92, 6/23/99, 5/13/03, 10/12/2009 Legal Reference: 20 U.S.C. Section1400 et seq., 29 U.S.C. Section 794 (a) Previous CMS Policy #: 6170Policy Code:JKDA-R Suspension and/or Placement in an Interim Alternative Educational Setting of Disabled Students Section VII. Section 504 of the Rehabilitation Act of 1973Section 504 of the Rehabilitation Act of 1973 is a non-discrimination statute that prohibits discrimination and is designed to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students.An eligible student under Section 504 is a student who (1) has, (2) has a record of having, or (3) is regarded as having, a physical or mental impairment that substantially limits a major life activity such as learning.It is the policy of the Charlotte-Mecklenburg Board of Education not to discriminate on the basis of disabilities in its educational programs, activities, or employment practices as required by the Act.The regulations for implementing Section 504 provide parents and/or students the following rights:You have the right to be informed of your rights under Section 504, which is the purpose of this notice. Section 504 requires the school system to locate, evaluate, and determine if a student is a qualified individual requiring accommodations and modifications necessary to provide access to educational programs. You have the right to receive notice within a reasonable time before CMS identifies, evaluates, or changes your child’s placement. You have a right to periodic reevaluation and to evaluation before significant changes in placement. You have the opportunity to review relevant educational records under the Family Educational Rights and Privacy Act. The requirements are described in the Board’s policy manual on file at the Education Center. You have a right to request an informal conference with the principal and the intervention team if you disagree with the decisions reached by the school regarding identification, evaluation, educational program or placement. If your concerns are not resolved, you may request a hearing before an impartial hearing officer by notifying the Board’s Section 504 Specialist in writing. You have the right to be represented by counsel in the impartial hearing process and to appeal the impartial hearing officer’s decision.Date of Adoption: 9/10/91Revised: 11/13/0, 10/12/091Legal Reference: 20 U.S.C. Section1400 et seq., 29 U.S.C.Section794 (a) Previous CMS Policy #: 5114ACross-Reference: ADD, IHBA, JICA, JICG, JICH, JICI, JIJ, JK, JKA, JKDComponents of a 504 Evaluation by CMS School PsychologistsThe information below was compiled by the CMS school psychologists to assist school teams with the evaluation of students with learning and/or behavioral concerns. For more information contact the psychologist assigned to your school.The report should present a clear picture of the student’s current levels of functioning. If a disabling condition has been identified, the report also should provide evidence of the degree of impairment that the related behaviors have on the student’s learning and school performance. Current Levels of Functioning:Academic StatusExamples: Current and previous report cards Formative assessment data State assessment dataHealth Medical StatusExamples: DiagnosesMedicationsCurrent and previous treatment plansSocial/Emotional StatusExamples: Social/Developmental HistoryObservationsInterviewsAptitude/Developmental StatusExamples: Informal/formal dataObservationsInterviewsContact InformationCompliance SpecialistsBettie Chisholm980-343-6169 bettie.chisholm@cms.k12.nc.us Zones :Central ElementaryProject LiftNorth EastCynthia (Cindy) Vines980-343-0589 cynthiap.vines@cms.k12.nc.us Zones: EastSouthwestCentral SecondaryClerical SupportShirnell Addison980-343-2612Antonnatta Austin980-343-2383Elizabeth Brandenberg 980-343-3653Tara Hunter-McKoy980-343-0221 Hameta Johnson980-343-2637 Department Intranet Site Information about the Section 504 Office can be obtained from Section 504 page at the Pre K-12 Support Services Department site - . This page will provide contact information for staff and a link to the Documents and Forms page, where school-level coordinators can download forms, read articles and obtain previous presentations. Check back often for updates and additional postings of current information. Additional Internet Sites More information can be obtained from:North Carolina Department of Public Instruction 504 () Office of Civil Rights ()Section 504 Professional Development Schedule for 2012-2013September 17 PDCHandbook IntroductionSeptember 24 PDCInitial & Review Meetings (AM) The Law (PM)October 2PDCRelated Services / Diabetes/ Asthma (AM or PM)October 9Oakhurst LabNC Wise (AM or PM)October 19PDCProgress Monitoring & Data Collection (AM or PM)November 9PDCMDR: The What and How (AM or PM)December 4Oakhurst LabNC Wise Accountability Check (Fall)December 10PDCFBA/BIP for Section 504 February 5Oakhurst LabNC Wise (AM or PM) February 22PDC or Oakhurst Aud.How to Work through a Grievance (AM or PM) June 4Oakhurst Lab NC Wise Accountability Check (Spring) Additional training opportunities may become available as the need arises.In order to receive continuing education units (CEUs) of credit, each participant must: 1) register on MyPD as soon as possible to reserve your place for the above trainings, 2) attend the session in its entirety, and 3) sign in before each training Session start times can be ascertained from MyPD and from the department’s Intranet site.Role ResponsibilitiesCharlotte-Mecklenburg Schools has adopted and complies with policy and procedures that ensure protection against discrimination of individuals with disabilities. Each school is responsible for providing a free appropriate public education (FAPE) to all students, including those with disabilities.We endeavor to and communicate with parents of students with special needs. To effectively do so requires that school personnel be knowledgeable of Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADAAA). To assist school personnel and parents in matters regarding education of students under Section 504, Bettie J. Chisholm and Cynthia Vines serve as the compliance specialists for CMS.Responsibilities of District Section 504 Compliance SpecialistCoordinates Section 504 implementation in the districtEnsures that all Section 504 forms and procedures comply with Section 504 requirementsProvides training to school-level Section 504 coordinators and others annually, as neededProvides technical assistance and problem‐solving on an “as needed” basisLiaises with other CMS departments to ensure Section 504 student data are accurateAddresses systemic issues related to Section 504 complianceProvides accurate, accessible information about Section 504 to the Charlotte communityReceives and addresses concerns regarding Section 504 program implementationMaintains District Section 504 information on student plans and programs in NC WiseResponsibilities of the School-Level Section 504 Coordinator Coordinates Section 504 services in the schoolFacilitates the Section 504 team meetingsAddresses school staff, parental and student questions that arise about Section 504 issuesParticipates in district‐wide training on Section 504 implementation.Schedules meetings & sends notices, including periodic reviews, as indicated on planProvides copies of documents to parentsMaintains Section 504 folder within the student’s cumulative fileProvides information to a student’s current teacher(s) about the student’s Section 504 plan contents and the importance of implementation Schedules periodic review at least annuallyEnsures that staff are using current Section 504 forms and following current procedures.Enters accurate data in NC Wise and periodically checks NC Wise for accuracySends student information/paperwork to District Section 504 Office Forms List by Process StepStep 1 ConcernReferral of Concern (8202) Parent Notification of Receipt of Referral of Concern (Optional)Step 2 Refer for EvaluationParent Notification of a Section 504 Team Meeting (8205)Parent Consent for Initial Section 504 Evaluation (8203)Parent –Student Rights and Procedural Safeguards (8201)Related Service Referral and Consent (Optional)Medical Release (Optional)Step 3 EvaluationTeacher Input Form (8216)Medical Release (Optional)Step 4 Eligibility DeterminationParent Notification of a Section 504 Team Meeting (8205)Documentation of Eligibility for Section 504 (8204)Parent Notification of Section 504 Eligibility Determination (8206)Minutes of a Team MeetingStep 5 Accommodation PlanAccommodation – Intervention Plan Section 504 (8207)Parent Notification of a Section 504 Team Meeting (8205)Teacher Input Form (8216)Review of Accommodations Used During Testing (State Form) Minutes of a Team MeetingStep 6 Implementation of PlanTeacher Input Form (8216)Progress Monitoring and Accommodation Review WorksheetNotification of Refusal to Use §504 AccommodationsStep 7 ReviewParent Notification of a Section 504 Team Meeting (8205)Notification of Refusal to Use §504 AccommodationsProgress Monitoring and Accommodation Review Worksheet 1Progress Monitoring and Accommodation Review Worksheet 2Teacher Input Form (8216)Review of Accommodations Used During Testing (State Form)Additional FormsBehaviorFunctional Behavior Assessment (FBA)Behavior Intervention Plan (BIP)Manifestation DeterminationNotification of a Manifestation Determination ReviewParent Notification of Results of Manifestation Determination ReviewManifestation Determination Review (MDR) Form504 Meeting ChecklistsBefore the Meeting___Contact parents to explain the purpose of the meeting and address questions and concerns___Schedule meeting with participants, including parents___Send meeting notice reminding parent of date, time and location of meeting___Gather pertinent information to be shared at the meeting: updates from teachers, assessment reports, medical/health information, etc___Develop meeting agenda___Arrange for any necessary interpreters or accommodations for meeting participants___Complete portions of the Section 504 Eligibility Determination Report that can be populated before the meeting___Bring all current forms to the meetingDuring the Meeting___Introduce participants and their roles___Clarify purpose of meeting___Review agenda___Identify note‐taker and time-keeper for meeting___Facilitate student’s input or participation___Lead group through agenda ___Complete Section 504 Eligibility Determination Report (if new to 504)___Complete Section 504 Student Accommodation Plan (if needed), or revise as needed___Provide copies of Report and Plan to parents or inform them of how /whena copy can be obtained___Provide Statement of Parent Rights to parent (keep signed copy for cumulative folder)___Thank everyone for participation and cooperationAfter the Meeting___ Place final copy of all Section 504 meeting paperwork in the student’s cumulative file ___ If parents did not receive documents at meeting, provide copies___ Complete NC Wise report including Program Assignments and Student Plan___ Email initial student paperwork to the District Section 504 Office___ Be sure all teachers know and understand their responsibilities under the Section 504 plan___ Schedule all check‐ins to monitor implementation of plan. Keep log of contacts related to implementation of plan___Schedule annual review date, and at least one month earlier to begin “before meeting” review processNC Wise InformationNC Wise is the platform Charlotte-Mecklenburg Schools uses to document Section 504 information for general education students with disabilities. While most school teams choose to use paper (hard) forms to develop plans and document a student’s progress, the modules within NC Wise can be used to capture the pertinent information. However, one drawback of NC Wise is that signatures cannot be logged into the system. Therefore, it is necessary to maintain a student file with original signatures on key documents. It is the responsibility of every Section 504 school-level coordinator to enter data into NC Wise. Complete directions are available on the Section 504 Intranet site. Additional training is offered through professional development sessions and upon request. When entering data, the Section 504 staff are willing as questions arise. Since other departments within CMS use Section 504 data, it is imperative that all data are entered correctly and updated periodically. Below are some major points about NC Wise and Section 504:Every student who is eligible for a Section 504 plan must have it entered into NC Wise along with a Program Assignment. Students must have both a program assignment and a plan for the data to be accurate.Students may have only ONE Section 504 program assignment open at a time. A student may have additional program assignments for other programs (i.e.: McKinney-Vento) but only one Section 504.On the program assignment section, enter the year of the plan as that of the fall semester. For example, students who are initially eligible for a Section 504 plan for the school year 2012-2013 will all have their plan year listed as 2012., regardless of actual date during the year that the plan was written.Be sure to check dates on plans. Close out old plans as a new plan is entered. Failure to close outdated plans negatively impacts our ability to pull accurate data and lists of current students. Coordinate with your school registrar to develop a procedure for notifying sending and receiving schools of new and transfer 504 students. ................
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