ALBERT LEA AREA SCHOOLS

Section 504Accommodation Handbook

January 2002

TABLE OF CONTENTS

Acknowledgments - - - - - - - - - -3

District Policies and Notices

Non-Discrimination Policy - - - - - - - -5Annual Notice - - - - - - - - - -6Child Find Notice - - - - - - - - - -7Section 504 Grievance Procedure - - - - - - -8-9

General Information

Introduction to Section 504 - - - - - - - -11-13Who Qualifies for Section 504 - - - - - - - -14Red Flags for possible Qualification for Accommodation and/or Services - -15-16Placement Process - - - - - - - - -17-18Accommodation Planning Process Flowchart - - - - - -19Responsibilities of Local Districts Under 504 - - - - - -20-23Roles and Responsibilities for Section 504 - - - - - -24-25

Suggested Forms

Referral for District Services K-12 - - - - - - -27-28Section 504 Consent for Individual Evaluation - - - - - -29Notice of Parent/Learner Rights - - - - - - - -30-31Section 504 Evaluation Report - - - - - - - -32-33Annual Section 504 Accommodation Plan - - - - - -34-35Accommodation Log - - - - - - - - -36

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ACKNOWLEDGEMENTS

The Albert Lea Area Schools (ISD #241) Section 504 plan has been developed to insure all individuals access to equal opportunities. The following resources were utilized in the development of this plan.

Section 504: Educational Modifications and Accommodations – Meeting the Needs of Learners, Minnesota Department of Children Families & Learning, 2001

The Section 504 Guide to a Successful School-Level Program, LRP Publications, 2001

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DISTRICT POLICIESAND

NOTICES

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NON-DISCRIMINATION POLICY

Adopted: __ 11-23-82__Revised: ____2-1-99___

DISTRICT POLICYALBERT LEA AREA SCHOOLS

DISTRICT 241

NON-DISCRIMINATION POLICY

It is the policy of Independent School District 241 adopted by the School Board on February 1, 1999 that: No person within the jurisdiction of this school district, shall, on the grounds of race, color, creed, national origin, religion, gender, sexual orientation, marital status, disability, status with regard to public assistance, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, or in regard to any employment procedures or practices.

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ANNUAL NOTICESECTION 504 OF THE 1973 REHABILITATION ACT

Section 504 of the 1973 Rehabilitation Act is a non-discrimination statute barring discrimination on the basis of disability, or perceived disability.

It is the policy of District #241, the Albert Lea Area Schools, not to discriminate on the basis of disability in its educational programs, activities or employment policies as required by the Act.

The 1973 Rehabilitation Act requires the school system to locate, evaluate and determine if the student is a qualified individual requiring accommodations necessary to provide access to educational programs.

Parents are entitled to have the opportunity to review relevant educational records under the Family Education Rights and Privacy Act (FERPA) by contacting the school principal.

Parents or guardians disagreeing with the decisions regarding necessary accommodations or services for access to educational programs may file a formal grievance and/or request a hearing before an impartial hearing officer by notifying the 504 coordinator.

The designated school district section 504 coordinator is the Director of Special Services, who may be reached at the Special Services Office at 211 West Richway Drive, telephone 379-4824.

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CHILD FIND NOTICE

The Albert Lea Area Schools (ISD #241) is committed to identifying learners who are suspected of possessing a disabling condition. The school district will provide educational assessment for learners referred and is committed to providing the necessary services, support and accommodations for those learners who are eligible and in need of services under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (504), the Americans with Disabilities Act (ADA), and other relevant state and local rules, regulations or policies.

The school district believes that all learners should experience educational success. If you have concerns about a learner’s educational performance, the district encourages you to contact the learner's school attendance center or call the Office of Special Services at 379-4822.

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SECTION 504 GRIEVANCE PROCEDURE

Adopted: 3/14/89 Revised: 12/20/99

DISTRICT POLICYALBERT LEA AREA SCHOOLS

DISTRICT 241

SECTION 504 GRIEVANCE PROCEDURE

Albert Lea Area Schools (ISD #241) has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Dept. of Health, Education & Welfare (84.7 Wed. May 4, 1977) implementing Section 504 of the Rehabilitation Act of 1973. Section 504 states, in part, that "no otherwise qualified handicapped individuals...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance..." The Albert Lea Area Schools has established the following grievance procedure to resolve complaints of discrimination on the basis of disability.

A. Complaints shall be addressed to District 241 Director of Special Services who, has been designated to coordinate Section 504 compliance efforts. 1. A complaint shall be filed in writing or verbally, contain the name and address of the persons filing it, and briefly describe the alleged violation of the regulations.

2. A complaint shall be filed within 10 school days after the complainant becomes aware of the alleged violation.

3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Director of Special Services. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 84.7 Wed. May 4, 1977, the School District need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.

4. A written determination as to the validity of the complainant and description of resolution, if any, shall be issued by the Director of Special Services and a copy forwarded to the complainant no later than 15 school days after its filing.

5. The Director of Special Services shall maintain the files and records of the School District relating to the complaints filed.

6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 10 school days to the District 241 Superintendent.

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7. Within 15 school days of the receipt of the appeal, the District 241 Superintendent shall affirm, revise or modify the report. If not resolved, the complainant may appeal within 10 school days to the School Board, who will conduct an informal hearing and render a decision within 15 school days of the hearing.

8. If the grievance is still not resolved through informal hearing with the School Board, the complainant has the right to seek resolution through the following procedures:

a. Request mediation by the Department of Children, Families and Learning, (Office of Dispute Resolution) at:

MNSEMSMN Alternative Dispute Resolution340 Centenniel Office Building658 Cedar St.St. Paul, MN 55155

Phone: (651) 297-4635Toll Free (866) 466-7367Fax: (651) 282-6396TTY: MN Relay Service 1-800-627-3529

OR

b. Request a formal due process hearing by the Office of Civil Rights at:

Office of Civil Rights, Region VU.S. Department of Education111 North Canal St. – Room 1053Chicago, Illinois 60606

Phone: (312) 886-8434Fax: (312) 353-4888TTD: (312) 353-2540

9. It is assured that any and all complaints may be made without fear of reprisal.

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GENERAL INFORMATION

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SECTION 504 IN THE ALBERT LEA AREA SCHOOLSINTRODUCTION AND OVERVIEW

Educational Modifications and Accommodations

Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination, by entities receiving federal funds, against individuals who have a disability. It is the purpose of this manual to help school personnel better understand their obligations under Section 504. The focus will be on learners with disabilities within the education setting only. It will not address in any depth other aspects of Section 504 or other laws relevant to the education of children who have a disability. The manual will include information on provisions of 504 relating to education.

Included in the U.S. Department of Education regulations for Section 504 is the requirement that learners with disabilities be provided with a “free appropriate public education.” These regulations have the following basic requirements:

1. Identification and location of all eligible unserved learners2. Evaluation3. Procedural Safeguards4. Least restrictive environment (LRE) and free appropriate education (FAPE)

Other requirements include providing written assurance of nondiscrimination, identifying a Section 504 Coordinator and developing grievance and hearing procedures.

For many years, Section 504 focused on access to facilities and employment issues; however, within the last decade, the Office for Civil Rights (OCR) has become more active in enforcing the provisions of Section 504 and ADA regarding the instructional accommodations and services needed for the education of individuals with disabilities. The consequences of noncompliance may include suspension or elimination of federal funds that the district receives for other programs and services.

A. Individuals with Disabilities ActThe Individuals with Disabilities Act (IDEA) provides money to educate students who are disabled. There are some procedural differences between the IDEA and Section 504, but few of those differences are major. It is not accurate to assume that IDEA provides greater protection or greater service that Section 504. All students who are identified under IDEA are also entitled to all the protection offered by Section 504.

B. Americans with Disabilities Act The Americans with Disabilities Act of 1990 (ADA) builds on the foundation of Section 504. ADA does not replace or invalidate Section 504; rather it amplifies and expands its

*Although the word “handicapped” is used in the 504 regulations, this manual will use the term “disabilities” to be consistent with current terminology. In some places when quoting Section 504, the word “handicapped” still appears.

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protective mandates to learners with disabilities who are in private schools that are not religiously affiliated. For public schools, the ADA defers to Section 504. If a public school district is in compliance with Section 504, it is essentially in compliance with the ADA.

C. Definition of Section 504

Section 504 of the Rehabilitation Act of 1973 requires that federal fund recipients make their programs and activities accessible to all individuals with disabilities.

No qualified handicapped person 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 or benefits from Federal financial assistance. [34 C.F.R. 104.4 (a)].

Section 504 of the Act protects persons from discrimination based upon their handicapping condition. A person is handicapped under the definition of Section 504 if he or she:

has a physical or mental impairment which substantially limits one or more of such person’s major life activities;

has a record of such an impairment; or is regarded as having such an impairment. [34 C.F.R. § 104.3(j)].

“Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. [34 C.F.R. § 104.3(j)(2)(ii)].

When a condition substantially limits a major life activity, an accommodation plan must be developed for that individual. Services under Section 504 must be determined by a team.

D. Learners With Disabilities Covered Under 504

Many aspects of the Section 504 regulation concerning a free appropriate public education (FAPE) parallel the requirements of the Individuals with Disabilities Act (IDEA, formerly the Education of All Handicapped Children Act) and Minnesota law. All learners with individual education plans (IEPs) who meet one of the 13 definitions of disability under IDEA are covered by the requirements of 504. By fulfilling requirements from IDEA and state law, a district also meets most of the standards of the Section 504 regulations.

There are some learners who are not eligible for services under IDEA, but who are learners with disabilities as defined by Section 504. The population of learners with disabilities who do not meet criteria to be served under IDEA, but are qualified under Section 504 need to be serviced by the regular education staff through a curriculum and/or modifications that meet their needs.

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At left is a diagram of the distribution of learners in a school covered by 504 regulations. The larger circle depicts the entire school population of learners. The center circle represents approximately 10-12% of learners covered by IDEA and 504. Current estimates indicate that the number of learners protected by “504 only” is and additional 4-6% (see middle circle).

*Although the word “handicapped” is used in the 504 regulations, this manual will use the term “disability” to be consistent with current federal law. In some places when quoting Section 504 regulations, the word “handicapped” still appears.

**NOTE: Because an individual has a disability, is perceived as disabled, or has a record of a disability, does not automatically qualify that individual under Section 504. Any of these must result in a substantial limitation in one or more major life activities before an individual would qualify.

All Learners

504 Only

IDEA & 504 Learners

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WHO QUALIFIES FOR SECTION 504

Who is Disabled Under this Law

Individual with "...any individual whodisabilities (i) has a physical or mental impairment which

substantially limits one or more of such person'smajor life activities,

(ii) has a record of such impairment, or(iii) is regarded as having such an impairment."

Physical or mental "...(A) any physiological disorder or condition, cosmeticImpairment 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; hermic and lymphatic; skin; and endrocrine; or (b) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and

specific learning disabilities."

Major life "...functions such as caring for one's self, performing manual activities tasks, walking, seeing, hearing, speaking, breathing,

learning, and working."

Has a record of "...has a history of, or has been classified as having a mental such an impairment or physical impairment that substantially limits one or more

major life activities."

Is regarded as "...(A) has a physical or mental impairment that does nothaving an substantially limit major life activities but is treated by a impairment recipient as constituting such an impairment limitation; (B)

physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others

toward such impairment; or (C) has none of the impairments defined but is treated by a recipient as having such an impairment."

(34 Code of Federal Regulations Part 104.3)

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RED FLAGS FOR POSSIBLE QUALIFICATION FORACCOMMODATION AND/OR SERVICES UNDER 504

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

When suspension or expulsion is being considered for any learner

When retention is being considered

When a learner shows a pattern of not benefiting from teacher instruction, including failing grades or inability to progress through grade level curriculum

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

When a learner is referred for evaluation, but it is determined not to do an evaluation under IDEA

When a learner is evaluated and is found not to qualify for special education services under IDEA

When a learner exhibits a chronic health condition

When a learner has been identified as having an attention deficit disorder (ADD) or attention deficit hyperactive disorder (ADHD), or any other chronic mental, emotional behavioral or physical condition

When a learner is identified as “at risk” or exhibits the potential for dropping out of school

When substance abuse is an issue

When a disability of any kind is known or suspected

When a learners attendance is inconsistent

Examples of Learners Who May Require a 504 Plan

1. The following types of disabilities may necessitate a 504 Plan to be written:

a) Acquired Immune Deficiency Syndrome (AIDS): The learner frequently misses school and does have not the strength to attend a full day. This learner has a record of a disability which substantially limits the life activities of learning and working.

b) Arthritis: A learner with arthritis may have persistent pain, tenderness or swelling in one or more joints. A learner experiencing arthritic pain may require a modified physical education program.

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c) Asthma: A learner has been diagnosed as having asthma. The doctor has advised the learner not to participate in physical activity outdoors. The disability limits the major life function of breathing. The school is required to make accommodations in the physical education program.

d) Attention Deficit Disorder (ADD) and Attention Deficit Hyperactive Disorder (ADHD): The learner does not meet eligibility requirements under IDEA. The learner is regarded as having a disability by a medical doctor. The disability limits the major life activity of learning.

e) Cancer: A learner with a long-term medical problem may be given considerations to accommodate special needs. For example, a learner with cancer may need a class schedule that allows for rest and recuperation following chemotherapy.

f) Drug and Alcohol: The learner has used drugs and alcohol for many years. This problem has affected the major life activities of learning and caring for one’s self. The learner is presently not using drugs or alcohol and is in a rehabilitation program. If the learner is not using drugs or alcohol, she/he could qualify for accommodations under Section 504.

g) Emotionally Disturbed: A learner who is emotionally disturbed may need an adjusted class schedule to allow time for regular counseling or therapy.

h) Obesity: A learner has an extreme eating disorder that may require accommodations. Obesity may be considered a disability under Section 504 where it substantially impairs a major life activity or is perceived by others as doing so.

2. In the following cases a 504 Plan may also need to be written:

a) Temporarily Disabled: A learner was in an automobile accident and will be homebound and/or hospitalized for a period of time. The learner may be considered temporarily disabled under Section 504 and would receive accommodations if this disability substantially limits a major life activity.

b) Learner with Special Health Care Needs: The learner has a special health care concern and requires clean intermittent catheterization twice each day. This procedure empties the bladder and helps prevent urinary tract infections and possible wetting. The school is required to provide trained personnel to perform the procedure or to provide the learner, if capable, a private location to perform the procedure.

c) Learner Formerly Receiving Special Education Services: The learner has exited from a special education program, but still needs some academic accommodations to function in the regular classroom.

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SECTION 504 PLACEMENT PROCESS

The following process will help you determine eligibility and proper placement of your Section 504 learners:

Pre-referral Intervention

A learner’s need is identified, possibly from multiple sources. If not parent referral, teacher informs parent of concern(s) and the initiation of the referral. Teacher(s) implements and documents at least two (2) interventions using the Referral for District Services K-12 Form.

Referral

If interventions are not effective, the concerned individual gives the Referral For District Services K-12 Form to the designated Section 504 Building Coordinator.

Review Referral

The Child Study Team reviews the referral, the learner’s cumulative file and consults with teachers, parents/guardians, peers, professionals and/or learner. The team recommends that further interventions be tried or plans for evaluation. Decision to be made regarding evaluation:

Does this learner appear to have a disability under Section 504?

If yes: Provide the parents/guardians with a copy of their Section 504 rights. If further information is needed, provide notice to parents for evaluation and obtain their consent in writing using the Section 504 Consent for Individual Evaluation Form. Also, obtain written consent for a mutual exchange of information from parents/guardians as appropriate using consent to Release Information Form.

If no: Provide review of results to the source of the referral with accompanying recommendations.

Evaluation

Conduct all evaluations deemed appropriate and for which the parent/guardian have given written permission and completes Part I of the Section 504 Evaluation Report Form.

Eligibility

The Child Study Team, which includes in addition to the standing team, a person(s) knowledgeable about the learner’s disability and the meaning of the evaluation data and service options. The team convenes to review all evaluation results, determines eligibility of a learner with a disability under Section 504 and documents the eligibility

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decisions using Part 2 of the Section 504 Evaluation Report Form. The team composition may vary according to the needs of the learner.

Develop Annual Section 504 Accommodation Plan

Once eligibility under Section 504 has been determined, the next step is to develop an accommodation plan. This should be done by a team that may or may not be the same individuals who were involved at the “eligibility” step, but a similar minimum team composition is recommended.

Parent Permission

Provide parents with a copy of the learner’s accommodation plan and obtain their written permission to initiate the plan.

Educational Services

The educational services are implemented as outlined in the learner accommodation plan. One individual should be designated as the Learner’s Plan Manager to monitor the implementation of the plan and the progress of the learner.

Annual Review

The team should review annually each learner’s accommodation plan. Three issues that should be addressed at the review are: (1) the need for additional evaluation information, (2) the continued eligibility as a learner with a disability under Section 504 and (3) the contents of the plan and service provider(s). Subsequent evaluations and placements require only parent notice.

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504 FLOW CHART Student Need Identified

(Multiple Sources)

Parent Informed

(If not parent referral)

Teacher(s): 2 interventions implemented and documented on prereferral form (placed in cum)

Effective—Continue Not Effective

Team reviews:-Referral-Cum file-Summarizes info-Recommends further interventions or plans evaluation

Obtain parental consent if further evaluation is

necessary

Conduct evaluation

Team meets to determine eligibility and documents the meeting

in writing

Eligible: Develop 504 Plan

Not Eligible: Other recommendations suggested for General Education teacher(s)

Plan reviewed annually. If

change notify parent

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RESPONSIBILITIES OF LOCAL DISTRICTS UNDER 504

In order to be in compliance with Section 504, a school district needs to implement the procedures described below.

A. Written Assurance of NondiscriminationApplications for federal grants require written assurance of compliance with Section 504 on forms specified by the grant application. [34 C.F.R. § 104.5].

Written assurance of nondiscrimination must be included in each district’s school board policy.

B. Self-EvaluationBy May 4, 1978, each school district was required to have completed a self-evaluation of its policies and procedures with the assistance of interested persons. As a result of the self-evaluation, districts were required to modify their policies and procedures to take appropriate remedial steps to eliminate the effects of any discrimination in the district. [34 C.F.R. § 104.6(c)].

Title II of the Americans With Disabilities Act also requires school districts to have completed a self-evaluation by January 26, 1993, unless the district had conducted a self-evaluation under Section 504 that is also sufficient under the Title II requirements. See OCR Memorandum, 29 IDELR 875 (1993). Schools may wish to consult two manuals published by the Office for Civil Rights entitled Section 504 Self-Evaluation Guide, and ADA Title II Action Guide for State and Local Governments (available on the internet at 42 U.S.C. § 12101,et. seq.)

C. Section 504 Coordinator(s)A recipient [school district] that employs 15 or more persons shall designate at least one person to coordinate its efforts to comply with this part. [34 C.F.R. § 104.7(a)].

The coordinator is responsible for ensuring that the provisions are implemented by the school district. The coordinator assists school personnel to make needed modifications and accommodations for qualified learners. The coordinator should possess knowledge of the law in order to resolve disputes. Some districts choose to designate a person responsible for Section 504 compliance and guidance in each school building.

D. Notice of nondiscriminationNotice that the school district does not discriminate on the basis of disability must be provided on a continuous basis to learners, parents, employees, unions, and professional organization. [34 C.F.R. § 104.8].

1. 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 594 coordinator.

2. The notice must be included on recruitment materials and publications containing general information. For example, the district might include the notice on school

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calendars, in parent-learner handbooks or school newsletters, or be posted on the public bulletin boards in each school building.

E. Dispute ResolutionDisputes regarding 504 services or procedures can be resolved in a number of ways. Each method of dispute resolution listed below is an alternative option for the resolution of disputes and need not be used in any particular sequence. Parents and students may be encouraged to resolve complaints at the local level first, but may choose any option for dispute resolution.

1. 504 Team: A student’s 504 team may address 504 disputes, perhaps with the inclusion of the district’s Section 504 coordinator.

2. Mediation: A trained, neutral, third-party mediator may be obtained to address 504 disputes.

3. Grievance procedures: Grievance procedures must incorporate appropriate due process standards and provide for the prompt and fair resolution of complaints. Grievance procedures must be a part of the district plan and available to the public.

4. Impartial hearing system: The school district must establish and implement a hearing system that includes procedures for impartial hearings and reviews to resolve disputes regarding the identification, evaluation or educational placement of learners with disabilities. [34 C.F.R. § 104.36]. Parents or guardians must have an opportunity to:

- participate in the hearing;- be represented by counsel;- examine relevant records; and- seek a review of the decision, including judicial review.

The established local and state special education hearing procedures may be used consistent with 504 requirements for a hearing system. Separate district hearing procedures, if established, should incorporate appropriate and specific requirements for impartial hearings contained in the established local and state special education hearing system, in order to adhere to basic standards of reasonableness and fairness. [Response to Anonymous, OCR 1991.]

F. Identification of Learners with DisabilitiesThe school district is required annually to take appropriate steps to identify and locate every qualified individual living in the jurisdiction of the school district who has a disability and who is not receiving public education. [34 C.F.R. § 104.32 (a)].

Districts need to expand IDEA child find efforts to identify all learners with disabilities so to include students who may qualify under Section 504.

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G. Annual Notice to Learners with DisabilitiesThe school district is required annually to take appropriate steps to notify all learners with disabilities and their parents or guardians of the school district’s duty under Section 504. [34 C.F.R. § 104.32 (b)]. It is suggested the district use two modes of communication.

H. Evaluation and PlacementSection 504 requires schools to provide parental notice and obtain parental permission prior to conducting and individual evaluation for any learner who, because of a suspected disability, might need specialized instruction and/or related services. The school district is required to obtain consent prior to a student’s initial 504 evaluation. [Letter to Durheim, OCR 1997]

1. Preplacement evaluation. A recipient that operates a public elementary or secondary educational program shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section [see paragraph 2, below] of any person who, because of handicap, needs or is believed to need, special education or related services before taking any action with respect to the initial placement of the person in a regular or special education program and any subsequent significant change in placement. [34 C.F.R. § 104.35(a)].

2. Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of persons who, because of handicap, need or are believed to need, special education or related services which ensure that:

(a) Tests and other evaluation materials have been validated for the specific purpose for which they are sued and are administered by trained personnel in conformance with the instructions provided by their producer;

(b) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and

(c) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student’s aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). [34 C.F.R. § 104.35(b)].

3. Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall;

(a) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;

(b) establish procedures to ensure that information obtained from all such sources is documented and carefully considered;

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(c) ensure that the placement decision is made by a group of person, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(d) ensure that the placement decision is made in conformity with 34 C.F.R. § 104.34. [34 C.F.R. § 104.35(c)].

4. Re-evaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, [See paragraph 2 above] for periodic re-evaluation of students who have been provided special education and related services. A re-evaluation procedure consistent with the Education for the Handicapped Act (IDEA) is one means of meeting this requirement. [34 C.F.R. § 104.35(d)].

I. Procedural SafeguardsWhenever a school district proposes to identify, evaluate, or make an educational placement of a qualified individual, the parents or guardians must be provided with notice of the action which includes the following procedural safeguards:

1. Notice of their rights.2. The opportunity to examine relevant records.3. An impartial hearing with opportunity for participation by the parents or guardians

of the qualified individual and representation by counsel.4. A review procedure. [34 C.F.R. § 104.36].

Compliance with the procedural safeguards of IDEA is one means of meeting this requirement. However, for these learners, districts may establish and implement a less prescriptive detailed due process procedure than is required by IDEA. Although Section 504 standards and procedures are not as prescriptive, they are fully enforceable.

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ROLES AND RESPONSIBILITIES FOR SECTION 504

Section 504 District Coordinator:

The District Coordinator will be responsible for ensuring that the school district takes appropriate steps to identify all learners who could be eligible for services under Section 504. The coordinator will make sure there are mechanisms that provide any learner, parent/guardian, or school district staff the opportunity to initiate a referral for possible 504 eligibility if there is a reason to believe that the learner has a "physical or mental impairment that substantially limits one or more major life activities."

Responsibilities of the Section 504 coordinator may include the following: Ensure compliance with 504 requirements Establish and monitor a referral/identification/review process Maintain data on referrals Provide staff and parent awareness and training activities concerning requirements Ensure continuing efforts to notify the public concerning requirements Implement the grievance procedure Establish and monitor an impartial hearing process Work in partnership with the local director of special education Serve as the School district liaison with the Regional Office for Civil rights in Chicago

Section 504 Building Coordinator (Principal or Designee):

Be responsible for initiating the annual process of locating possible qualified learners at the building level.

Develop and maintain a formal building level Child Study Team.

Required Child Study Team Membership: Elementary

Principal or DesigneeSchool Social WorkerLicensed Special Education Staff PersonMinimum of two (2) classroom teachersReferring teacher(s) or learner’s classroom teacher if referral made by parent

Secondary AdministratorCounselor/Section 504 Building CoordinatorLicensed Special Education Staff PersonMinimum of two (2) classroom teachersReferring Teacher(s) or one or more of the learner’s classroom teacher(s) if

referral made by parent or outside agency

Provide any concerned individual (parent/guardian, school personnel, etc.) the opportunity to initiate a referral.

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Initiate referral process using the DISTRICT SERVICES K-12 Form and submit information to the Building Child Study Team.

Maintain a log of referred, identified, evaluated and accommodated learners.

Submits log to district coordinator at the end of each school year.

Review Section 504 Accommodation Plans with Child Study Team at least annually or at times of significant changes.

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FORMS

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