SPECIAL EDUCATION GUIDELINE # 10



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| |A GUIDELINE FOR |U |

| |IMPLEMENTING ACCOMMODATIONS UNDER SECTION 504 |M |

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TO: Superintendents, Principals, School Psychologists, Counselors, Nurses, and Special Education Professional Staff

FROM: Holly Windram and Jeff Menigo

RE: Section 504 Accommodation Plans

DATE: June 2010

Section 504 of the Rehabilitation Act of 1973 covers a group of students not covered by the Individuals with Disabilities Education Act (IDEA). Most recently, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) further clarified Section 504 requirements.

This guideline provides staff with a basic discussion of Section 504, its similarities, and more importantly, its differences from special education. It provides staff with the needed procedures and forms to be in compliance and assistance in improving affected students’ educational performance.

Guideline: Section 504

Table of Contents

Contents Page

Introduction 3

Definitions 3

Student Population Chart 6

Comparison of Section 504 & IDEA Chart 7

School District Responsibilities 9

Identification & Referral 9

Evaluation & Placement 10

Accommodations & Accommodation Plans 11

Selection of Accommodations or Modifications 12

Possible Accommodations/Modifications Regarding 12

Section 504 Eligible Students

Examples of Learners with Disabilities Who May 13

Require a 504 Plan

Conditions Not Eligible Under Section 504 14

Due Process & Procedural Safeguards 14

Nondiscrimination Policies & Notices 15

Section 504 Coordinators 15

Grievance Procedures 16

Graduation Standards 17

Problem Solving Process 18

Student Concern/Referral Flowchart 19

Appendices

Appendix I 20

Section 504 Parent/Student Rights

Appendix II 27

Sample: Non Discrimination Policy Statement

Sample Notice: Section 504 of the Rehabilitation Act of 1973

Appendix III 30

Sample: Grievance Procedure

Appendix IV 32

Section 504 Forms

Guideline #10: Section 504

Introduction

Section 504 of the Rehabilitation Act of 1973 is not an education statute or a funding statute; it’s a civil rights law. Section 504 prohibits discrimination against individuals with disabilities and covers all public & private agencies that receive federal financial assistance. Section 504 includes students covered under the Individuals with Disabilities Education Act (IDEA) and extends beyond to other students who meet Section 504’s eligibility critieria.

Definitions

ADA: (Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA)) are civil rights laws that prohibits discrimination against persons with disabilities in areas of employment, public services, public accommodations, transportation, and communication. Section 504 defines key terms and definitions, which were incorporated into the ADA. It mandates that any recipient of federal funds (direct or indirect), public or private, must make their programs and activities accessible to persons with disabilities.

Section 504: The part of the Rehabilitation Act of 1973 that prohibits disability discrimination in federally funded programs and activities to people who meet certain eligibility criteria through an evaluation process. Section 504 states: No otherwise qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives benefits from federal financial assistance.

Which students are covered?

Under 504, a person with a disability is defined as an individual who:

1. Has a mental or physical impairment that substantially limits one or more major life activities;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.

Students who satisfy the first definition above are entitled to a free appropriate public education

(“FAPE”) in the least restrictive environment. FAPE, under Section 504, is defined as the provision of regular or special education and related services that are designed to meet the individual educational needs of the disabled student as adequately as the needs of nondisabled students.

Students who satisfy only the second and third definitions are not entitled to FAPE, but are entitled to be free from discrimination.

Mental or physical impairments are broadly defined and include any physiological disorder or condition or any mental or psychological disorder, whether formally diagnosed or not. However, an impairment, alone, is insufficient to qualify a student as Section 504 disabled. In addition, a medical diagnosis or the fact that a student takes medication is not controlling in determining whether that student has a 504 disability. The Office for Civil Rights, which is charged with the responsibility to enforce 504, has stated that finding a student 504 eligible solely on the basis of a diagnosis generally violates Section 504.

A student’s eligibility under Section 504 is not determined by a doctor or psychologist but by a multidisciplinary team convened by the District. That team must include persons who are knowledgeable about the student, the evaluation data to be considered, the placement options and Section 504 requirements.

Major life activities, as defined by Section 504 and the 2008 ADAAA, include – but are not limited to – activities such as walking, seeing, hearing, speaking, breathing, learning, working, caring for one’s self, bending, standing, learning, thinking, concentrating, reading, eating, sleeping, communicating and performing manual tasks. Pursuant to the 2008 ADAAA, major life activities also include the operation of a major bodily function, including, but not limited to, the immune system, normal cell growth, digestive functions, bowel functions, bladder functions, neurological functions, brain functions, the respiratory system, the reproductive system, the circulatory system and the endocrine system.

An impairment that substantially limits one major life activity does not need to limit other major life activities for the student to be considered disabled.

To be disabled under Section 504, the student’s mental or physical impairment must substantially limit one or more major life activities. Minor or moderate limitations are not sufficient for a student to be eligible under 504. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

Substantial limitation is not defined in Section 504 or the 2008 ADAAA. In the 2008 ADAAA, Congress stated that the phrase “substantially limits” must be interpreted consistently with the findings and purposes of the 2008 Amendments. However, pursuant to the 2008 ADAAA, substantial limitation means less than “significantly restricted.” The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative3 effects of mitigating measures4 such as the following: medication; medical supplies, equipment, or appliances; low-vision devices (which do not include ordinary eye-glasses or contact lenses); prosthetics, including limbs and devices; hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; the use of assistive technology; reasonable accommodations; auxiliary aids or services;5 learned behavioral or adaptive neurological modifications; the acquisition or modification of equipment or devices; and other similar services and actions. The ameliorative effects of ordinary eyeglasses or contact lenses can be considered in determining whether an impairment substantially limits a major life activity.

In determining whether a student’s impairment substantially limits a major life activity, the District must conduct an evaluation and, based on that evaluation, compare the student to his or her average peer in the population. Students, therefore, are measured by reference to the performance of children at the same age or grade level. Under Section 504, the student is not compared to his or her own potential. When determining eligibility under Section 504, the District also is required to determine if environmental, cultural, or economic disadvantage are the primary reason for any limitations that the student may exhibit.

Temporary impairments may be covered by 504 if the impairment is substantially limiting and if it is of sufficient duration. A transitory and minor impairment, however, is not a disability. A transitory impairment is one with an actual or expected duration of six months or less. The District can voluntarily accommodate a student’s transitory and minor impairment without violating the “regarded as” definition of disability.

IDEA: (Individuals With Disabilities Education Act) Federal special education law (and implementing regulations) which entitles leaners with disabilities to a free appropriate public education.

All learners with individual education plans (IEPs) who meet one of the thirteen definitions of disability under IDEA are covered by the requirements of Section 504. On the other hand, there are some learners who are not eligible for services under IDEA but who are learners with disabilities as defined by Section 504. (Refer to the charts on pages 7, 8 & 9 for comparisons and differences between IDEA and Section 504).

Student Population

Many aspects of the Section 504 regulation concerning free appropriate public education (FAPE) parallel the requirements of the Individuals with Disabilities Education Act (IDEA) and Minnesota law. All students who receive special education and related services under the IDEA are covered by the requirements of Section 504.

Comparison of Section 504 & IDEA

|Issues |Section 504 |IDEA |

|Type |A Civil Rights law |An Education act |

|Title |The Rehabilitation Act of 1973 |The Individuals with Disabilities Education |

| | |Improvement Act |

|Responsibility |Regular Education |Special Education |

|Funding |State & Local Funds |State, Local, & IDEA Funds |

|Administration |Section 504 Coordinator |Special Education Director or designee |

|Service Tool |Accommodation and/or Service Plan |Individual Education Plan (IEP) |

|Purpose |A civil rights law which prohibits disability |A federal funding statute to provide financial |

| |discrimination that applies to programs and |aid to states to assure a free appropriate public|

| |activities in facilities that receive federal |education for learners with specific |

| |financial assistance. |disabilities. |

|Eligibility |Must meet the specific criteria for a disability |Must meet the specific eligibility criteria for |

| |under Section 504 (see definitions). |one of the qualifying conditions. |

|Free Appropriate Public Education |Required for all eligible learners and may include |Required for all eligible learners including |

| |individually designed instruction. |individually designed instruction. |

|Accessibility |Reasonable accommodations must be made to ensure |Modifications must be made to provide access to a|

| |learner will benefit from the educational program. |free appropriate public education. |

|Drug and Alcohol Use |Current drug use is not considered a disability. |Could be eligible under “Other Health Impaired |

| |An individual who has stopped using chemicals and |for those individuals undergoing rehabilitation.”|

| |is undergoing rehabilitation could be protected. | |

|Issues |Section 504 |IDEA |

|Procedural Safeguards |Requires notice to parent or guardian with respect |Requires notice to parent or guardian with respect to |

| |to identification, evaluation, and placement. |identification, evaluation, placement and the provision|

| | |of a FAPE. |

|Consent |Section 504 does not expressly require consent for |Requires written consent before initial evaluation or |

| |initial evaluation and initial placement but OCR |placement. |

| |has determined that such consent is required. | |

|Evaluations |Data from a variety of sources; decisions made by a|Requires full comprehensive evaluation; more broad than |

| |knowledgeable team. Reevaluation is periodically |504. All areas related to suspected disability |

| |required and before any significant change in |evaluated. Involves multidisciplinary team. Requires |

| |placement is made. No provision for independent |reevaluation every three years. More procedural |

| |evaluation at school expense. District should |safeguards with respect to evaluations. |

| |consider outside evaluations. | |

|Placement |Placement decisions made by a team knowledgeable |Placement decisions made by a team knowledgeable about |

| |about the learner, the meaning of the data, and |the learner, the meaning of the data, and placement |

| |placement options. The principle of least |options. The principle of least restrictive environment|

| |restrictive environment applies. Consent not |applies. Consent required before initial placements. |

| |required but encouraged before placements. A |An IEP meeting is required before any change in |

| |re-evaluation is required. This may be done using |placement. |

| |existing data. | |

|Reviews |Review periodically. An annual review is |The IEP must be reviewed at least annually. |

| |recommended, but not required. | |

|Grievance Procedures |Districts must designate an employee to be |Does not require a grievance procedure or compliance |

| |responsible for compliance with Section 504 and |officer. |

| |provide a grievance procedure for learners, | |

| |parents, and employees. | |

|Due Process |Requires districts to provide impartial hearings |Requires districts to provide impartial hearings for |

| |for parents or guardians who disagree with the |parents or guardians who disagree with the |

| |identification, evaluation, records, or placements |identification, evaluation, placements or the provision|

| |of learners with disabilities. |of a FAPE concerning children with disabilities. |

| | |Involves more detailed and specific procedures. |

|Enforcement |Enforced by US Office for Civil Rights. State |Enforced by US Office of Special Education Programs. |

| |Department of Education has no monitoring, |Compliance monitored by State and Federal Education |

| |complaint resolution, or funding involvement. |Departments. Complaints resolved by the State under |

| | |IDEA. |

School District Responsibilities

With regard to school districts, Section 504 requires that learners with disabilities must be provided with a free appropriate public education (FAPE) if they are shown to have a mental or physical impairment that substantially limits a major life activity. The regulations require:

1. Identification and location of all eligible unserved learners

2. Evaluation

3. Procedural safeguards

4. Free appropriate public education (FAPE)

5. Least restrictive environment (LRE)

6. Written assurance of nondiscrimination (policy)

7. Designation of Section 504 coordinator

8. Notice of nondiscrimination

9. Grievance procedures

Identification & Referral

• A referral may be received from parents, students, teachers, and/or community agencies. The referral is directed to the district’s (or building’s) Section 504 coordinator.

• Although not determinative of eligibility, the following are situations in which a referral for a Section 504 evaluation may be appropriate :

o a parent frequently expresses concern about their child’s performance

o suspension or expulsion is being considered for any learner

o retention is being considered

o a learner shows a pattern of not benefiting from instruction

o a learner returns to school after a serious illness or injury

o a learner was referred for a special education evaluation but it was determined not to conduct the evaluation

o a learner was found to be not eligible for special education services

o a learner exhibits a chronic health problem

o a learner has been identified as having AD/HD

o a learner is identified as “at risk” or exhibits potential to drop out of school

o substance abuse recovery or rehabilitation is an issue

o any type of disability or handicap is suspected

o a new building or remodeling is being considered

• The presenting problem(s) and previous interventions are considered and reviewed by a team including such persons as classroom teachers, building principal, parents, the learner, etc. A summary of the referral review is developed which includes all current information and recommendations for additional evaluation if so determined. Please see page 18. When a separate Section 504 file is developed for a student, place the Notice of Section 504 File form (Appendix IV) in the student’s cumulative file.

Evaluation & Placement

• The district notifies the parent(s) or guardian(s) of the school’s reason and intent to conduct an evaluation. Although parental consent is not required by Section 504 to conduct an evaluation, it is best practice to provide notice of proposed actions. The Parent Notification of Section 504 Evaluation form (Appendix IV) is used which includes due process rights and a description of the evaluation.

• Section 504 requires that the district evaluate each learner with a disability before making an initial placement or any subsequent, significant change in a learner’s placement. An evaluation, in part, may consist of a review of existing data or information obtained from medical or psychological assessments. Consideration should also be made to determine if a special education evaluation should be conducted.

• A team knowledgeable about the learner and assessment data will determine if the learner is eligible for services and/or accommodations under Section 504 using the Section 504/ADA Student Eligibility Form (Appendix IV). This determination should be based upon evaluation results, determination if the student has a disability or condition that substantially limits a major life activity, the learner’s unmet needs, needed services and/or accommodations.

• In cases where services and/or accommodations are necessary, the district will conduct a 504 team meeting including all involved staff and parents and the student using the Parent Notification of Section 504 Team Meeting form (Appendix IV).

• When necessary accommodations and/or services are required, an accommodation plan is written using the Section 504 Student Accommodation Plan form (Appendix IV) . This plan will also address accommodations for state-wide assessments.

• Parents receive a copy of the accommodation plan, notice of parental/student rights afforded them under Section 504 and the Parent Notification of Section 504 Team Decision form (Appendix IV). While Section 504 contains no explicit requirement to obtain parent consent for initial placement in Section 504, the OCR has determined that such consent is required prior to initial placement. Accordingly, it is highly recommended to obtain parent consent prior to implementing a Section 504 Plan.

• Assessments must be based on information gathered from a variety of sources that will provide helpful information to determine 504 eligibility. Examples may include (but are not limited to) file reviews, interviews, observations, teacher recommendations, grades, social and adaptive behavior, aptitude and achievement tests, and evaluations and diagnoses provided by medical and psychological agencies.

• The concept of Least Restrictive Environment (LRE) applies to students covered under Section 504. Learners, with disabilities under Section 504 criteria, who cannot be accommodated with the use of supplementary aids and services, can be placed in a setting other than the regular education environment. This decision must be determined by a knowledgeable team. Since each learner and disability is unique, the reasonable accommodation principle should be applied on a case by case basis.

• Section 504 also covers nonacademic and extracurricular services and activities in that learners with disabilities must be provided non-academic and extracurricular services and activities in such manner as is necessary to afford those learners an equal opportunity for participation in such services and activities.

• Reevaluation is periodically required for learners with disabilities under Section 504. It is recommended that reevaluations of eligibility occur at least every three years. Reevaluation is also required before any significant change in placement.

• A learner that qualifies for Section 504 services does not necessarily qualify for special education services (IDEA). IDEA has more restrictive criteria than 504; however, all learners covered under IDEA are also covered under Section 504. A learner could qualify for both IDEA and 504.

Accommodations & Accommodation Plans

• If the learner is found to have a mental or physical impairment that substantially limits a major life activity, the learner may require an accommodation plan. The decision must be made by a team and based upon assessment data.

• Accommodations refer to adjustments and/or modifications that enable the learner to have equal access and opportunity to benefit from the educational program. Accommodations may include but are not limited to communication methods, organization and management of the physical facility, modifications in district policies and/or procedures, equipment needs, alternative curriculum and/or teaching strategies.

• The district must ensure that a learner with a disability participates with nondisabled peers to maximum extent possible to meet the needs of the disabled learner.

• The district must provide reasonable accommodations so as not to cause the district “undue hardship.” Undue hardship is an action causing significant difficulty or expense to the district. Considerations may include number of employees, number and type of facilities, size of budget, and nature and cost of accommodations.

• An accommodation plan outlines the learner’s needs and necessary modifications and accommodations that allow the learner’s program to be comparable to that provided to their nondisabled peers.

• Districts cannot use state special education funds to provide services to learners who only are eligible under Section 504 criteria.

• In cases where the Section 504 Plan indicates special transportation, The 504 Coordinator will complete Section 504 Accommodation Plans Containing Special Transportation MARSS Worksheet (Appendix IV).

Selection of Accommodations or Modifications with Regard to Section 504

Definitions

Accommodation: Academic, behavioral or physical adjustments made in the learning environment or task demands that do not change the standards of the class or task.

Modification: Academic, behavioral or physical adjustments made in the learning environment or task demands that do change the standards of the class or task.

The selection of specific accommodations or modifications made should be based upon the identified needs of the student.

Possible Accommodations/Modifications Regarding Section 504 Eligible Students

Accommodations

(Adjustments made that do not affect the academic or behavioral standards of the class)

daily assignment sheet or notebook

monitored assignment sheet

extra set of books at home

assistance with organization

contract for organization or assignment completion

key points written on the board

peer note taker

student tape records lessons

written outline provided by the teacher

copy of teacher notes provided

highlighted text

extra time to complete assignments

extra time to take test or quiz

check student’s understanding of assignments

peer tutoring

verbal vs. written responses for assignments or tests

weekly progress report sent home

in-service staff regarding the student’s needs

seating location to benefit the student

Modifications

(Adjustments made to the student’s needs requiring changes in academic or behavioral standards of the class)

reduced assignment length

alternative assignments

open book tests

take home tests

contract for a grade

exemption from certain course requirements

individual behavior plan (exempt from regular discipline plan or policy)

Other

administer or monitor medication

special diets

evacuation plan for learners in wheelchairs

accessibility

special equipment needs

special materials (braille readers, interpreter, tape recorder, etc.)

Examples of Learners with Disabilities Who May Require a 504 Plan (assuming that they have a mental or physical impairment that substantially limits a major life activity)

• Acquired Immune Deficiency Syndrome (AIDS) The learner frequently misses school and does not have the strength to attend a full day.

• Arthritis A learner experiencing arthritic pain may require a modified physical education program or adjustments with regard to writing assignments.

• Asthma The learner may require accommodations with regard to the physical education program due to breathing difficulty.

• Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD) The learner who has been properly diagnosed with ADD or ADHD may need an accommodation plan as this condition may affect learning. If on medication, monitoring of the affects of medication may be needed.

• Cancer Due to possible lack of strength or endurance or days missed to illness, the learner may require academic accommodations or monitoring of medication.

• Drugs and/or Alcohol If the learner is presently not using drugs or alcohol but is in a recovery or rehabilitation program, the student may qualify for Section 504 services.

• Emotional Disturbance If the learner does not meet or need IDEA services, they may qualify for Section 504 accommodations.

• Obesity If any of the learner’s major life activities is substantially limited , the learner may need Section 504 accommodations.

• Temporarily Disabled A learner who was in an accident and needs to be homebound or hospitalized may need accommodations.

• Learner Formerly Receiving Special Education Services If special education services have been terminated, the student may still require accommodations in order to function in a regular classroom.

Conditions Not Eligible Under Section 504

The Rehabilitation Act Amendments of 1992 amended Section 504’s definition of a disability to exclude the following:

• homosexuality

• bisexuality

• transvestism

• transsexualism

The following are not disabilities under ADA and may or may not be disabilities under

Section 504:

• pedophilia

• exhibitionism

• voyeurism

• gender identity disorders not resulting from physical impairments or other sexual behavior disorders

• compulsive gambling

• kleptomania

• pyromania

• psychoactive substance use disorders resulting from illegal use of drugs

Recipients cannot discriminate against persons with these conditions on the basis of a covered disability. For example, it would be a violation of Section 504 for a recipient to discriminate against a blind homosexual person because of their visual impairment.

Due Process & Procedural Safeguards

• Section 504 records are educational and therefore must be kept in accordance with Family Education Rights and Privacy Act (FERPA) regulations.

• School districts must provide procedural safeguards that allow parents or guardians to disagree with evaluation and placement decisions. Procedural safeguards should include:

(a) notification or right to examine student records

(b) a process for resolution of Section 504 violation complaints

(c) a right to an impartial hearing

• It is best practice to involve parents and guardians early and often in the evaluation and placement process. While Section 504 contains no explicit requirement to obtain parent consent for initial evaluation or placement in Section 504, the OCR has determined that such consent is required. Accordingly, it is highly recommended that school officials provide prior written notice and obtain such consent from parents prior to initial evaluation or initial placement.

• A learner covered under Section 504 criteria is subject to the district’s discipline policy as long as the team determines that the disability did not cause the behavior. According to the Minnesota Pupil Fair Dismissal Act, some type of alternative education must be offered if the learner with a disability is suspended, expelled or excluded. If a learner with a disability is suspended and such suspension constitutes a significant change in placement,, there needs to be a meeting to determine if the disability caused the misconduct.

• Any exclusion or suspension for more than ten (10) consecutive days is considered a significant change in placement under Section 504. A series of suspensions that aggregate to more than ten (10) days that constitutes a pattern of exclusion from school is also considered a significant change in placement.

• Before implementing a suspension or expulsion that constitutes a significant change in the learner’s placement, the team must meet to determine if the behavior was caused by the disability. Any significant change in placement requires a reevaluation.

• Do not use the same due process/procedural safeguard paperwork with 504 learners as with IDEA learners as it will cause confusion.

Nondiscrimination Policies & Notices

The policy of the State Board of Education is to assure compliance with state and federal laws prohibiting discrimination because of age, race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, or disability, and to promote the elimination of these discriminatory practices in public schools and public educational agencies under its general supervision.

Written assurance of nondiscrimination must be included in each district’s board policy. School district applications for federal grants require written assurance of compliance with Section 504.

A 504 nondiscrimination notice shall include:

a) name of the school system;

b) a policy statement of nondiscrimination that applies to all programs, activities, and employment; and

c) the name, address, and phone number of the Section 504/ADA coordinator.

The notice shall include a statement of nondiscrimination by the district regarding admission or access to, or treatment or employment in, its programs and activities and shall name the Section 504 coordinator.

The notice must be included on recruitment materials and publications containing general information (school calendars, newsletters, handbooks, etc.). A sample policy and notice statement are included in the Appendices.

Section 504 Coordinators

School systems are required to designate at least one employee to coordinate compliance efforts. The 504 coordinator shall coordinate the development and implementation of a grievance procedure that incorporates due process standards and provides for prompt and equitable resolution of complaints of discrimination. The coordinator should have primary responsibility for knowing what modifications in programs, services, facilities, and benefits must be made to comply with Section 504. The coordinator assists appropriate school system personnel with information and guidance in complying with Section 504. The coordinator should possess knowledge of the law in order to resolve disputes.

School districts employing 15 or more persons must assign a person to coordinate compliance with Section 504 regulations. The same individual may also serve as the ADA coordinator.

Examples of Duties of 504 Coordinator:

• establish & monitor a referral/identification/review process

• maintain data on referrals

• provide staff and parents awareness & training activities concerning requirements

• implement grievance procedure

• establish & monitor an impartial process hearing

• work in partnership with Director of Special Education

• school district liaison with Regional Office for Civil Rights

Grievance Procedures

Section 504 of the Rehabilitation Act of 1973 requires school districts to adopt grievance procedures and designate compliance coordinators. Any individual may file a grievance with the school district if the individual believes there has been a violation of Section 504.

Grievances may be filed at the local school district or directly with the U.S. Department of Education Office for Civil Rights.

The Complainant may file a complaint with the Office of Civil Rights,

Midwestern Division, U.S. Department of Education, Citigroup Center, 500 W. Madison

Street, Suite 1475, Chicago, IL 60661, (312) 730-1560.

The following guidelines may be used to help school districts comply with the Section 504 mandate to adopt a grievance procedure that provides prompt and equitable resolution of complaints of discrimination:

❑ Provide a description of the method an employee or learner should use in expressing a complaint or grievance. Clarify whether the complaint should be expressed by talking to a specific person, writing a letter or memo to a specific person, completing a designated form, or using some other means.

❑ Provide timelines that indicate how soon after the incident or violation the aggrieved person is expected to make a complaint. Timelines should be established to allow sufficient time for responses to an investigation, yet move the grievance process to the most immediate and most prompt resolution possible.

❑ List and explain sequential steps learners or employees may take to resolve the complaint. The grievance process should attempt to resolve complaints of discrimination at the lowest possible level, but provide opportunity for the complaint to be heard at higher levels should lower levels fail to bring resolution.

❑ Provide timelines that indicate when a learner or employee may expect a response to the complaint.

❑ If a local informal hearing is scheduled, provide timelines for notifying a learner or employee of the hearing.

❑ Provide timelines for notifying learners and employees of the decision made to resolve the complaint.

❑ Provide written assurance that complaints may be made without fear of reprisal.

❑ Include the name, title, office address, and phone number of the Section 504 coordinator.

(see Appendix III for sample procedure)

Statewide Assessments

According to Mn. Rule 3501.0090, students with IEPs or Section 504 accommodation plans may need accommodations or modifications with regard to the statewide testing program. Section 504 teams should refer to Special Education Guideline #9 located on the SCRED website at scred.k12.mn.us, Special Education, SCRED Manuals.

Problem Solving Process

The building’s problem solving process (SST/SAT/TAT) determines where student referrals should be processed namely through problem solving, special education (IDEA), or Section 504. Ideally, all referrals should be handled in the problem solving system (formerly called the pre-referral process) before proceeding to a special education or Section 504 assessment.

If the two documented problem solving interventions were not successful or there is a clear or urgent need, a special education or Section 504 assessment should be considered. If a Section 504 assessment is recommended, the process below should be followed:

1. A referral received from parents, teachers, learners, or community agencies.

2. The current problem solving forms may be used to document the referral, previous interventions, all current information and recommendations for additional evaluation.

3. The district notifies the parents of the school’s reason and intent to conduct such an evaluation (Parent Notification of Section 504 Evaluation-Appendix IV). The notice includes a description of the evaluation. Although parental consent is not required, it is best practice to provide notice of proposed actions. Section 504 requires that a school district evaluate each learner with a disability before making an initial placement or any subsequent significant change in his/her placement. Parent/Student Rights (Appendix I) are included with the notice.

4. The parent is notified of and invited to attend a 504 team meeting (Parent Notification of Section 504 Team Meeting-Appendix IV) when the assessment has been completed. Parent/Student Rights are included with the notice.

5. In cases where services and /or accommodations are necessary, the district plans a 504 team meeting and identifies all staff and parents who are included in the meeting. The following factors are considered:

a) evaluation results

b) the learner’s unmet needs

c) needed services and/or accommodations

d) possible staff inservice

6. An accommodation plan is developed and reasonable accommodations and/or services that are supported through the evaluation results are planned and implemented. A written plan (Section 504 Student Accommodation Plan-Appendix IV) is developed and disseminated to all involved staff and the parent. The parent is provided with or sent the Notice of 504 Team Decision. Although parent consent is not required by Section 504, it is best practice to provide notice of proposed actions.

7. Each learner’s accommodations or services must be reviewed periodically. Best practice would be to review each 504 plan at least annually.

8. If the student is found to be not eligible under Section 504 criteria, the parent is also notified (Parent Notification of Section 504 Team Decision-Appendix IV).

Appendix I

Section 504 Parent/Student Rights

in Identification, Evaluation and Placement

(Section 504 of the Rehabilitation Act of 1973)

SECTI0N 504 PROCEDURAL SAFEGUARDS

PARENT AND STUDENT RIGHTS UNDER SECTION 504:

The following is a description of the rights granted by Section 504 to students with disabilities and their parents. Please keep this explanation for future reference.

You have the right to:

1. Have your child take part in and receive benefits from public education programs without discrimination because of his/her disabling condition.

2. Have the Section 504 Coordinator of the School District advise you of your rights under federal law.

3. Receive notice with respect to decisions regarding the Section 504 identification, evaluation and/or placement of your child.

4. Have your child receive Section 504 accommodations and/or services, as appropriate, if he/she is found to be eligible under Section 504.

5. Have an evaluation, educational recommendation, and placement decision developed by a team of persons who are knowledgeable about the student, the assessment data, and any placement options. You also have the right to have your child periodically reevaluated.

6. Examine all relevant records relating to decisions regarding your child(s Section 504 identification, evaluation, educational program, and placement.

7. File a grievance in accordance with the School District(s Section 504 grievance procedures.

8. Request an impartial hearing regarding the Section 504 identification, evaluation, or placement of your child. You and the student may take part in the hearing and have an attorney represent you. You also have the right to a review procedure involving such a hearing.

9. File a formal complaint with the U.S. Department of Education’s Office for Civil Rights. At any time, a parent may file a complaint with the U.S. Department of Education’s Office for Civil Rights (“OCR”) if he or she believes that the District has violated any provision of Section 504. The filing of a complaint does not affect the grievance/hearing process or the timelines set forth below. OCR addresses Section 504 complaints independently of the local grievance/hearing process, in accordance with the OCR’s standard operating procedures. The Complainant may file a complaint with the Office of Civil Rights, Midwestern Division, U.S. Department of Education, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661, (312) 730-1560.

GRIEVANCE PROCEDURES:

A. Grievance Policy

Any parent who believes that the School District (“District”) has discriminated on the basis of a disability or otherwise violated Section 504 may file a grievance with the District. A grievance is a complaint alleging that the District has a policy, procedure or practice, or has made a decision with respect to a student, which is prohibited by Section 504.

B. Informal Grievance Procedure

Many problems can be resolved by an informal meeting between the parties involved. An individual with a complaint is encouraged to first discuss the concern with the appropriate teacher, counselor, building administrator, Section 504 Team, or the District’s Section 504 Coordinator with the objective of resolving the concern promptly and informally.

C. Formal Grievance Procedure

Step 1

1. A written statement of the grievance signed and dated by the Complainant shall be submitted to the District’s Section 504 Coordinator within a reasonable time following the alleged violation. The Complainant may submit the grievance using a Grievance Filing Form. The form can be obtained from the District’s Section 504 Coordinator. (Include Coordinator name, address and phone number here.)

2. The statement must include the Complainant’s name, address, telephone number, the student’s name, the name of the student’s school, a full description of the nature of the grievance, and the remedy requested.

3. The Section 504 Coordinator shall:

a. Investigate the matters in the grievance and discuss the grievance with the parent(s)/guardian(s) or adult student and appropriate school and or District employees;

b. Prepare a written response to the grievance; and

c. Notify the Complainant of the decision within ten (10) school days of receiving the grievance and provide the Complainant with a copy of the written response. For purposes of the grievance procedure and the hearing procedure set forth below, a “school day” is a day designated by the District as a day of instruction for students.

Step 2

1. If the Complainant wishes to appeal the decision of the Section 504 Coordinator, she/he may submit a signed and dated statement of appeal to the Superintendent within five (5) school days after receiving the Section 504 Coordinator’s response.

2. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing to the Complainant within ten (10) school days of receiving the statement of appeal. The Superintendent may affirm, modify, or reverse the decision of the Section 504 Coordinator.

Step 3

1. If the Complainant is not satisfied with the disposition of the grievance after Step 2, the Complainant may request review of the grievance by the School Board.

2. A request for review by the School Board must be submitted by the Complainant in writing within five (5) school days after receipt of the Superintendent’s decision.

3. The School Board will meet to review the complaint in a reasonable time period following the request for review but in any event no later than fifteen (15) school days or the School Board’s next regularly scheduled meeting after receipt of the appeal, whichever occurs later. The School Board will review the complaint in a meeting closed to the public pursuant to Minnesota Statute Section 13D.05, subdivision 2(a)(3). The School Board will provide the Complainant with its decision within fifteen (15) days of its review. The School Board may affirm, modify or reverse the Superintendent’s decision. The School Board’s decision shall constitute the final decision issued for any grievance.

D. Time Periods

The time periods set forth in the grievance procedures may be extended by mutual agreement. Failure at any step in this process by the District to communicate the decision on the grievance within the specified time limits shall permit the Complainant to proceed to the next step. Failure at any step of this procedure by the Complainant to appeal a grievance to the next step shall be deemed acceptance of the decision rendered at that step.

INDEPENDENT HEARING PROCESS:

A. Hearing Request

1. Parent(s)/guardian(s) or an eligible student may request an impartial hearing to resolve current disputes pertaining to the identification, evaluation or educational placement for a student entitled to the protections of Section 504. The District also has the right to initiate a hearing regarding these same matters.

2. The request for a hearing by parent(s)/guardians(s) or an eligible student must be submitted to the Section 504 Coordinator within a reasonable period of time after the alleged violation occurred.

3. The request for a hearing must:

a. be in writing;

b. state the name, address, and telephone number of the student and the student’s parent(s)/guardian(s).

c. describe the nature of the dispute including facts relating to the dispute; and

d. state, to the extent known, the relief sought.

A hearing request form may be obtained from the Section 504 Coordinator.

B. Hearing Officer Selection

1. Following receipt of the request for a hearing, the District will select an impartial hearing officer to preside over the dispute.

2. The District will notify the parent(s)/guardian(s) or eligible student of the appointment of the hearing officer within five (5) school days following appointment of the hearing officer.

C. Hearing Procedures

1. The hearing will be recorded at the District’s expense.

2. A transcript of the hearing may be obtained by either party at their own expense.

3. Upon request and prior to the hearing, the parent(s)/guardian(s) or eligible student will have the opportunity to examine the student’s records in accordance with applicable state and federal law.

4. The hearing officer shall hold a prehearing conference at which the complaining party or representative of such party will state and clarify the issues to be addressed at the hearing. The prehearing conference can be used to resolve preliminary matters, jurisdictional issues, and answer the parties’ questions regarding the hearing process.

5. If, after the prehearing conference, the hearing officer finds the parent, as a matter of law, alleges and raises no factual claims or legal issues that come within his or her jurisdiction, the hearing officer may dismiss the hearing and issue an order to that effect explaining the basis for such finding.

6. The hearing officer will conduct the hearing within forty-five (45) calendar days of the request for the hearing.

7. Any timelines specified herein may be extended by mutual agreement of the District and the parent(s)/guardian(s) or eligible student or by order of the hearing officer upon a showing of good cause.

8. The student and his or her parent(s) and the District may be assisted or represented, at their own expense, by individuals of their own choice, including an attorney.

9. The hearing officer shall give the parent, student or their representative and the District a full and fair opportunity to present evidence relevant to the issues raised in the hearing request. The party that requested the hearing may not raise issues at the hearing that were not raised in the written request for a hearing, unless the other party agrees otherwise.

10. The party filing the request for hearing bears the burden of proof.

11. The parties may submit, at the hearing officer’s discretion, post-hearing briefs or written arguments summarizing and characterizing the information presented at the hearing, and providing legal authority in support of their position. Timelines for the submission of post-hearing briefs or written arguments shall be set by the hearing officer at the conclusion of the hearing.

12. The hearing officer shall make his/her decision in writing within thirty (30) calendar days of the last hearing date. The decision of the hearing officer must be based solely upon the evidence presented at the hearing.

13. The hearing officer must confine his or her orders and rulings to those matters which involve the identification, evaluation or educational placement of children under Section 504. A hearing officer may not award attorneys’ fees as part of relief granted to a parent.

D. Appeal Procedures

Any party aggrieved by the decision of the hearing officer may seek review of the hearing decision in a court of competent jurisdiction, generally the closest federal district court.

Appendix II

Sample: Nondiscrimination Policy Statement

Sample Notice: Section 504 of the Rehabilitation Act of 1973

THE FOLLOWING ARE SECTION 504 SAMPLE POLICY & NOTICE STATEMENTS. PRIOR TO FINAL ADOPTION OF A POLICY OR NOTICE STATEMENT, THE DISTRICT SHOULD CONSIDER CONSULTING WITH LEGAL COUNSEL FOR COMPLIANCE. THESE SAMPLES DO NOT IMPLY TO MEET ALL LEGAL REQUIREMENTS.

Minnesota school districts annually submit an assurance of compliance of nondiscrimination based on state and federal law and rule. In order for current district policy to meet the requirements of Section 504, the policy statement must include:

• an affirmative statement that the district does not discriminate on the basis of disability

• reference to Section 504 of the Rehabilitation Act of 1973; and

• reference to a referral/evaluation/placement process for learners suspected of having a disability under Section 504.

Sample: Nondiscrimination Policy Statement

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in any program receiving federal assistance. The Act defines a person with a disability as anyone who:

1. has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working);

2. has a record of such impairment; or

3. is regarded as having such an impairment. [34 CFR 104.3(j)]

In order to fulfill obligations under Section 504, the __________ School District is responsible for nondiscrimination in policies and practices regarding its personnel and learners. No discrimination against any person with a disability shall knowingly be permitted in any of the programs and practices of the school system.

The District has responsibilities under Section 504, which include the obligation to identify, evaluate, and if the learner is determined to be eligible under Section 504, afford access to appropriate educational services. If the parent or guardian disagrees with the determination made by the professional staff of the District, he/she has a right to a hearing with an impartial hearing officer.

The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. The Act gives the parent or guardian the right to:

1. inspect and review his/her child’s educational records;

2. make copies of these records;

3. receive a list of all individuals having access to those records;

4. ask for explanation of any item in the records;

5. ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights; and

6. a hearing on the issue if the school refuses to make the amendment.

If there are questions, please feel free to contact ___________, Section 504 Coordinator for the __________ School District, at __________.

Sample Notice: Section 504 of the Rehabilitation Act of 1973

School: Date:

Section 504 is an Act which prohibits discrimination against persons with disabilities in any program receiving federal financial assistance. The Act defines a person with a disability as anyone who:

1. has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working);

2. has a record of such impairment; or

3. is regarded as having such impairment.

In order to fulfill obligations under Section 504, the School district has the responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability should knowingly be permitted in any of the programs and practices of the District.

The District has responsibilities under Section 504, which include the obligation to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services. If the parent or guardian disagrees with the determination made by the professional staff of the District, he/she has a right to a hearing with an impartial hearing officer.

The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. The Act gives the parent or guardian the right to:

1. inspect and review his/her child’s educational records;

2. make copies of these records;

3. receive a list of all individuals having access to those records;

4. ask for explanation of any item in the records;

5. ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights; and

6. a hearing on the issue if the school refuses to make the amendment.

If there are questions, please feel free to contact , Section 504 Coordinator for the School District, at phone number .

Appendix III

Sample: Grievance Procedure

Sample: Grievance Procedure

GRIEVANCE PROCEDURES:

A. Grievance Policy

Any parent who believes that the School District (“District”) has discriminated on the basis of a disability or otherwise violated Section 504 may file a grievance with the District. A grievance is a complaint alleging that the District has a policy, procedure or practice, or has made a decision with respect to a student, which is prohibited by Section 504.

B. Informal Grievance Procedure

Many problems can be resolved by an informal meeting between the parties involved. An individual with a complaint is encouraged to first discuss the concern with the appropriate teacher, counselor, building administrator, Section 504 Team, or the District’s Section 504 Coordinator with the objective of resolving the concern promptly and informally.

C. Formal Grievance Procedure

Step 1

1. A written statement of the grievance signed and dated by the Complainant shall be submitted to the District’s Section 504 Coordinator within a reasonable time following the alleged violation. The Complainant may submit the grievance using a Grievance Filing Form. The form can be obtained from the District’s Section 504 Coordinator. (Include Coordinator name, address and phone number here.)

2. The statement must include the Complainant’s name, address, telephone number, the student’s name, the name of the student’s school, a full description of the nature of the grievance, and the remedy requested.

3. The Section 504 Coordinator shall:

a. Investigate the matters in the grievance and discuss the grievance with the parent(s)/guardian(s) or adult student and appropriate school and or District employees;

b. Prepare a written response to the grievance; and

c. Notify the Complainant of the decision within ten (10) school days of receiving the grievance and provide the Complainant with a copy of the written response. For purposes of the grievance procedure and the hearing procedure set forth below, a “school day” is a day designated by the District as a day of instruction for students.

Step 2

1. If the Complainant wishes to appeal the decision of the Section 504 Coordinator, she/he may submit a signed and dated statement of appeal to the Superintendent within five (5) school days after receiving the Section 504 Coordinator’s response.

2. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing to the Complainant within ten (10) school days of receiving the statement of appeal. The Superintendent may affirm, modify, or reverse the decision of the Section 504 Coordinator.

Step 3

1. If the Complainant is not satisfied with the disposition of the grievance after Step 2, the Complainant may request review of the grievance by the School Board.

2. A request for review by the School Board must be submitted by the Complainant in writing within five (5) school days after receipt of the Superintendent’s decision.

3. The School Board will meet to review the complaint in a reasonable time period following the request for review but in any event no later than fifteen (15) school days or the School Board’s next regularly scheduled meeting after receipt of the appeal, whichever occurs later. The School Board will review the complaint in a meeting closed to the public pursuant to Minnesota Statute Section 13D.05, subdivision 2(a)(3). The School Board will provide the Complainant with its decision within fifteen (15) days of its review. The School Board may affirm, modify or reverse the Superintendent’s decision. The School Board’s decision shall constitute the final decision issued for any grievance.

D. Time Periods

The time periods set forth in the grievance procedures may be extended by mutual agreement. Failure at any step in this process by the District to communicate the decision on the grievance within the specified time limits shall permit the Complainant to proceed to the next step. Failure at any step of this procedure by the Complainant to appeal a grievance to the next step shall be deemed acceptance of the decision rendered at that step.

Appendix IV

Section 504 Forms

• Section 504 Grievance Procedure Form

• Notice of a Section 504 File

• Parent Notification of Section 504 Team Meeting

• Parent Notification of Section 504 Evaluation

• Parent Notification of Section 504 Team Decision

• Section 504 Eligibility Worksheet

• Section 504 Student Accommodation Plan Template

• Sample Section 504 Student Accommodation Plan

• Section 504 Special Transportation MARSS Worksheet

• Request for Hearing Under Section 504

(Insert School District Letterhead)

GRIEVANCE FILING FORM

Grievant:______________________________________ Date:_________________________

Name of Student

School:__________________________________ Parent/Guardian:______________________

Address:______________________________________________________________________

City:___________________________________ State:__________________ Zip:_______

Telephone: Home:________________________ Work:______________________________

Email: _________________________________

State the nature of your grievance. Please describe the policy or action you believe may be in violation of Section 504. Identify any person(s) you believe may be responsible. (Use an additional sheet of paper if necessary).

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please describe any corrective action you wish to see taken with regard to the possible violation. You may also provide other information relevant to this grievance. (Use a separate sheet of paper if necessary).

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________ ____________________________

Signature: Parent, Guardian, Student (18 or over) Date

_____________________________________________ _____________________________

Signature of Person Receiving Grievance Date Received

Notice of a Section 504 File

Student:

School District:

A Section 504 File containing evaluation data and results, as well as reasonable accommodations made to address the needs of the student is available at the following location:

This file may be inspected by the student’s parents or eligible student (age 18 or older), authorized educational staff and certain others. The parents or eligible student may have a copy of anything located within this file.

This file is not to be released to anyone other than the student’s parents, eligible student, or authorized personnel without written parental consent, except in the case of emergencies.

This Section 504 File is considered part of the student’s cumulative record. In this regard the records are released together and maintained together upon student graduation or transfer to another district.

Parent Notification of Section 504 Team Meeting

Student: Birthdate:

Grade: School:

Date of Notice:

Dear:

A Section 504 team meeting has been scheduled regarding your child’s school performance for (day & date) at (time) at (location).

The purpose of this meeting is to:

❑ Discuss development of evaluation plan or review present data & information.

❑ Review evaluation results and consider eligibility for a Section 504 Accommodation Plan.

Others invited to this meeting include:

Name Title

I encourage your participation at this meeting regarding your child. If you have any questions, or are unable to attend at the indicated time and wish to reschedule, please feel free to contact me. I look forward to seeing you at our scheduled meeting.

Sincerely,

504 Coordinator

School Building:

Phone Number:

Enclosure: Parent/Student Rights

cc: Student’s Cumulative File

Parent Notification of Section 504 Evaluation

Student: Birthdate:

Grade: School:

Date of Notice:

Dear:

Your child has been referred due to concerns with their performance at school. The school wishes to conduct an evaluation of your child’s educational performance to assist with consideration of your child’s eligibility for a Section 504 Accommodation Plan. The evaluation will consist of collecting data on your child including:

This evaluation will be conducted at your child’s school. You will be notified when the evaluation has been completed and you will have the opportunity to participate in a discussion of the results at a school meeting.

Please feel free to contact me if you have any questions or comments.

Sincerely,

504 Coordinator

School Building:

Phone Number:

Enclosure: Parent/Student Rights

cc: Student’s Cumulative File

Parent Notification of Section 504 Team Decision

Student: Birthdate:

Grade: School:

Date of Notice:

Dear:

As you know, a school meeting was held on to discuss your child’s school performance. Based upon the discussion at the meeting, it was determined that:

❑ Your child has a disability according to Section 504 criteria. An accommodation plan has been developed and is enclosed for your review.

❑ Your child does not meet eligibility criteria according to Section 504 and does not require an accommodation plan.

Please indicate the following and return to __Name, School & Address within 10 school days or 14 calendar days:

❑ I/We agree with the team’s decision

❑ I/We do not agree with the team’s decision.

Please indicate the specific elements that you do not agree with:

Parent Signature: _____________________________________ Date: ________________

Date received by the School District: ________________

Please feel free to contact me if you have any questions or comments.

504 Coordinator

School Building:

Phone Number:

Enclosure: 504 Procedural Safeguards

cc: Student’s Cumulative File

____________________ School District #__________

Section 504/ADA Student Eligibility Form*

Student Name: _______________________________ Grade: _____ DOB: ___/___/___

Eligibility Team Members: (Fill in names & check areas for knowledge for each team member…)

|Team Member’s Name |The team member has knowledge about…(√ appropriate column) |

| |the child. |the meaning of the evaluation data. | accommodations/placement options. |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

Sources of Evaluation Information (check (√) each one used):

( Medical Reports ( Psychological Reports ( Classroom Observations ( Teacher Surveys/Recommendations

( School-based Tests (list) _____________________________________ ( Other (specify) _______________________

1. Specify the mental or physical impairment: ___________________________________________ .

(as recognized in DSM-IV or other respected source if not excluded under 504/ADA, e.g. illegal drug use)

2. Check (√) the major life activity affected:

( Caring for one’s self ( Working ( Performing Manual Tasks ( Sleeping ( Eating ( Breathing

( Walking ( Seeing ( Hearing ( Reading ( Thinking ( Concentrating ( Learning

( Communicating ( Speaking ( Standing ( Lifting ( Bending

( Other (of equivalent scope & importance) _______________________________________________

(including major bodily functions)

( Bladder ( Digestive ( Bowel ( Immune System ( Normal Cell Growth ( Neurological

( Brain ( Respiratory ( Circulatory ( Endocrine ( Reproductive

( Other (of equivalent scope & importance) _______________________________________________

3. Determine the specific degree that the impairment limits the major life activity .

Substantially limits the major life activity-for example: Student is unable to perform a major life activity that the average student of approximately the same grade or age can perform. -or- Significantly restricted as to the condition, manner, or duration under which the student can perform a particular major life activity as compared to the condition, manner, or duration under which an average student of approximately the same grade or age can perform the same major life activity.

• Make an educated estimate without the effects of mitigating measures such as medication; low vision devices (except eyeglasses or contact lenses); hearing aids and cochlear implants; mobility devices; prosthetics; assistive technology; learned behavioral or adaptive neurological modifications; and reasonable accommodations or auxiliary aids/services.

• Similarly, for impairments that are episodic or in remission, make the determination for the time the impairment is active.

• Use the average student in the general population as the frame of reference.

* Adapted with permission from Perry A. Zirkel, author of “Section 504, the ADA and the Schools”

Section 504 Student Accommodation Plan

Student: Parent(s):

Grade: Address:

School: Phone:

Date of Plan:

Describe the nature of the concern

Identify the documentation that was used to determine a disability

Describe how the disability affects a major life activity

Describe the reasonable accommodations that are necessary

Review/reevaluation Date

Participants (name & title)

cc: Student File

Parents

504 Coordinator

Participating Staff

SAMPLE

Section 504 Student Accommodation Plan

Student: Jane Doe Parent: Mary Doe

Grade: 9 Address: 123 Main Street Your Town, MN

School: Your Town High School Phone: 123-456-7890

Date of Plan: September 15, 2003

Describe the nature of the concern

Mary Doe reported that Jane has rheumatoid arthritis. Mary is concerned about Jane’s functioning in school and her emotional status with regard to her health condition.

Identify the documentation that was used to determine a disability

A letter, dated February 16, 2003, was received from Ima Doc, M.D. Pediatric Rheumatologist at the Children’s Hospitals & Clinics in Your Town, Minnesota which stated that “Jane Doe has been diagnosed with polyarticular juvenile rheumatoid arthritis. She has involvement with most of her joints of her body including her jaw, neck, elbows, wrists, MCP, PIP and DIP joints, hips, knees, ankles, and the left second toe”.

Describe how the disability affects a major life activity

Jane’s health condition has affected her ability to perform manual tasks such as handwriting, completing written tests in a timely manner, and participation in Physical Education activities. In past years, Jane reported that her hand became fatigued after writing the equivalent of one page. She also stated that using the keyboard caused her hands to become tired. Jane indicated that fatigue generally occurred after about a half-hour or more of writing or keyboard use.

Jane’s school attendance had also been affected by her health condition. Previous teachers have reported that Jane has been very good about making up her work. As of the last school year, Mary Doe reported that Jane was doing well physically and her medications were helping a great deal.

Currently, Jane and her mother report that Jane is doing quite well physically. She continues to take medication which has been very effective in helping her condition. Jane indicates that handwriting and keeping up with assignments is not causing significant problems for her. Her attendance is not currently a problem. On occasion, Jane has requested a break during P.E. when she becomes fatigued or does not have the strength to perform an activity. Her mother requested that an extra set of books be available at home so that Jane does not need to carry those materials home as her backpack becomes quite heavy for her when she takes books home.

Describe reasonable accommodations that are necessary

1. Jane will have extensions for homework completion especially for tasks that require handwriting, keyboarding, or other such manual responses. Teachers will communicate with Jane regarding the timelines for work completion. Since Jane lives within walking distance of school, she may be able to stay after school to complete tasks.

2. Teachers will provide Jane with an extra set of books that she may keep at home.

3. Jane will inform her P.E. teacher whenever she needs a break due to fatigue or lack of strength. The P.E. teacher will adjust expectations according to Jane’s ability to perform.

4. Ms. Doe will contact the school when Jane experiences difficulties with classwork or assignments so that further accommodations may be considered.

Participants (name & title)

Mary Doe, Parent

Jane Doe, Student

Period 1: Tom Smith, Civics 9 Instructor

Period 2: Sarah Jones, English 9 Instructor

Period 3: Mary Johnson, Spanish I Instructor

Period 4: Bob Anderson, Algebra 9 Instructor

Period 5: John Larson, Keyboard 9 (MWF)

Period 5: Anne Thompson, P.E. 9 Instructor (T, Th)

Period 6: Jim Washington, Environmental Science 9 Instructor

Period 7: Cindy Erickson, Home Ec 9 Instructor (1st Quarter)

Period 7: Mark Wilson, Art 9 Instructor (2nd Quarter)

Joe Jackson, Principal

Mary Mason, School Nurse

Pat White, Counselor

Chris Brown, School Psychologist

cc: Student Cumulative File

Section 504

Accommodation Plans Containing Special Transportation[1]

District:

Building:

|Name of Student |Date of 504 Plan with Special Transportation |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

Forward this form to your building or district MARSS coordinator by (date)

(Insert School District Letterhead)

REQUEST FOR HEARING UNDER SECTION 504

Student’s Name: _______________________________________________________________

Parent/Guardian Name:__________________________________________________________

Address:______________________________________________________________________

Phone Number:_________________________ E-Mail:_____________________________

|I am in disagreement with the following decisions made by the District pertaining to my child’s identification/evaluation/educational |

|placement under Section 504: |

| |

| |

| |

|Please describe the facts and circumstances giving rise to the disagreement: |

|(Please state the background leading to the disagreement and why you disagree with the Section 504 team’s decision(s): |

| |

| |

| |

|Please state the specific issues to be decided at the hearing: |

| |

| |

|Please describe the relief you are requesting through the hearing |

|(What result you would like the hearing officer to provide if the hearing officer decides in your favor?): |

| |

| |

| |

___________________________________________ _____________________________

Signature of Parent/Guardian Date of Signature

-----------------------

[1] Special transportation includes transportation provided to students, who, because of a disability, require special accommodations, e.g., vehicle with a lift, transportation assistant, or special route or schedule.

-----------------------

All Learners

504 Learners Only

504 & IDEA Learners

504 team decision: Is the student eligible?

No

Yes

No

Yes

Yes

SST decision: Is the student eligible?

No

Yes

No

Yes

No

SAT/TAT decision: were either of the two documented interventions successful?

Section 504

Problem-Solving

IDEA

Consider problem-solving process or IDEA.

Consider problem-solving or Section 504.

Consider IDEA or Section 504.

IEP

SST decision to evaluate?

504 team decision to evaluate?

Section 504 Accommodation Plan.

Continue problem-solving process.

Student Concern/Referral

Consider problem-solving or Section 504.

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