5145 - Section 504 and Title II Civil and Legal Rights and Responsibilities

5145

Students

Section 504 and Title II: Civil and Legal Rights and Responsibilities

Section 504 of the Rehabilitation Act of 1973 ("Section 504") prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance. Similarly, Title II of the Americans with Disabilities Act of 1990 ("Title II" or "ADA") prohibits discrimination against individuals with a disability by state and local governments.

In accordance with its responsibility under Section 504 and Title II/ADA, the District does not discriminate against students with disabilities in its services, programs, or activities. Accordingly, no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any District program or activity or those provided by the District through contractual or other arrangements. District aids, benefits and services will afford qualified students with disabilities equal opportunity to obtain the same result gain the same benefit or reach the same level of achievement as students without disabilities in the most integrated setting appropriate to the student’s needs. Programs and activities shall be accessible to and usable by individuals with disabilities as prescribed by law.

A qualified individual with disabilities under Section 504 is an individual who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment or is regarded as having such an impairment.

The District has specific responsibilities under Section 504 to identify, evaluate and provide an educational placement for students who have a physical or mental impairment that substantially limits a major life activity. The District’s obligation includes providing access to a free appropriate public education ("FAPE") for students determined to be eligible under Section 504/ADA. Under Section 504, FAPE is defined as the provision of regular or special education and related services that are designed to meet the individual educational needs of a student with a disability as adequately as the needs of students without disabilities are met, and that are provided without cost (except for fees imposed on nondisabled students/parents). If the parent/guardian of a student disagrees with the decisions made by the professional staff of the school district with respect to the identification, evaluation or educational placement of his/her child, the parent/guardian has a right to request an impartial due process hearing.

In addition, a student or parent/guardian of a student may also file an internal grievance/complaint on these issues or any other type of discrimination on the basis of disability by or within the District by utilizing the grievance/complaint procedures outlined in the Board's Administrative Regulation accompanying this policy

Anyone who wishes to file a grievance/complaint with the District, or who has questions or concerns about this policy, should contact the District’s 504/ADA Coordinator. The name and contact information for the District’s 504/ADA Coordinator shall be published annually in student handbooks as well as published on the Board’s website and in other materials as appropriate.

Any individuals with complaints regarding Students and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, may file a complaint with the Office for Civil Rights, U.S. Department of Education ("OCR"):

Legal References:

Connecticut General Statutes

10-15c Discrimination in public schools prohibited.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§791, 793-794 (2006), (34 Code of Federal Regulations Part 104)

Americans with Disabilities Act of 1990, 42 U.S.C. §§12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35

Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, Office for Civil Rights (March 17, 2011), available http://www.ed.gov/about/offices/list/ocr/504faq.html

Dear Colleague Letter, United States Department of Education, Office for Civil Rights (January 19, 2012)

Policy Adopted: October 8, 2020

Replaces Outdated 5145

Windsor Locks Public Schools

Windsor Locks, CT

R5145 – Section 504 and Title II: Civil Rights and Responsibilities

Section 504 of the Rehabilitation Act of 1973 ("Section 504") and Title II of the Americans with Disabilities Act of 1990 ("Title 11" or "ADA") (collectively, "Section 504/ADA") prohibits discrimination on the basis of disability. For the purposes of Section 504/ADA, the term "disability" with respect to an individual means: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment.

I. Definitions

Free appropriate public education (FAPE): for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met, that are provided without cost (except for fees imposed on nondisabled students/parents), and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards.

Major life activities: include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. A major life activity also includes the operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.

Mitigating Measures: include, but are not limited to, (a) medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies; (b) use of assistive technology; (c) reasonable modifications or auxiliary aids or services; (d) learned behavioral or adaptive neurological modifications; or (e) psychotherapy, behavioral therapy, or physical therapy.

Physical or Mental Impairment: (a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems, such as neurological , musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine or (b) any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

II. Compliance with 504 Regulations

A. Identification and Referral Procedures

The District has specific responsibilities under Section 504 to identify, evaluate, and provide an educational placement for students who have a physical or mental impairment that substantially limits a major life activity. The District 's obligation includes providing access to a FAPE for students determined to be eligible under Section 504 of the Rehabilitation Act of 1973 ("Section 504'") and Title II of the Americans with Disabilities Act of 1990 ("ADA").

The District is obligated to evaluate any student who, because of disability, needs or is believed to need special education or related services. A student may be referred to a 504 Team by a parent/guardian, teacher, or other school employee for identification and evaluation. Upon receipt of a referral the Principal, or her/his designee, should communicate in person, via e-mail, or by telephone with the parent/guardian or student aged 18 or over to confirm the District’s receipt of the referral and to schedule a 504 Team Meeting. A Section 504 Notice of Referral, Section 504 Team Meeting Notice, and Section 504 Procedural Safeguards Notice will subsequently be sent to the parent/guardian or student aged 18 or over. The 504 Team will be composed of persons knowledgeable about the student, the student's school history, the student's individual needs, the meaning of evaluation data, and the placement options. The 504 Coordinator will monitor the composition of the 504 Team to ensure that qualified personnel participate.

Upon convening to review a referral the 504 Team will consider the referral; and based upon a review of the student's existing records, including academic, social, and behavioral records, and any information provided by the parents/guardians, make a decision as to whether the student, because of disability, needs or is believed to need, special education or related services, so that an evaluation is required and will inform the parent/guardian or student aged 18 or over of this decision and of their procedural rights.

B. Evaluation

1. If a child because of disability needs, or is believed to need, special education or related services under Section 504, the District must evaluate the child before taking any action regarding the student's placement, including a denial of placement.

2. The District shall obtain written consent from the parent/guardian or student aged 18 or over prior to conducting an evaluation under Section 504.

3. The District’s evaluation procedures shall ensure that tests and other evaluation materials:

• Are validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

• Are free of racial, cultural, language, or sex bias;

• Are tailored to assess specific areas of educational need and not merely designed to provide a single general intelligence quotient; and

• 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).

4. The District’s Section 504 evaluation shall:

• Draw upon information from a variety of sources (e.g. teacher(s), other school staff members, parent/legal guardian, physician, nurse, other professionals, or persons in the community), including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;

• Document and carefully consider information from all such sources (e.g. records, assessment data, service provider information, medical reports related to the suspected physical or mental impairment which may be substantially limiting a major life activity);

• Be conducted by a team or group of persons including those who are knowledgeable about the child, the suspected disability, evaluation procedures, the meaning of evaluative data, and placement options; and

• Ensure that the placement decision is made in conformity with 34 C.F.R. § 104.34.

5. Section 504 evaluation procedures may include: review of school or other records, interviews with persons knowledgeable about the child's functioning, observations in the school, home, or community environments, administration of educational, psychological, or other measures appropriate for assessing the presenting concern. No single procedure shall be used by the District to evaluate whether or not a student has a disability under Section 504.

6. The parent/guardian or student aged 18 or over must be invited to participate in the Section 504 Team meeting where the results of the evaluation, the determination of whether the student has a disability, and possible placement options will be discussed.

Every effort should be made to hold this meeting at a time when the parent/guardian or student aged 18 or over is able to attend.

7. In order to determine whether a student has a disability under Section 504 and if so, is eligible for services, the Section 504 Team should consider the following steps:

• Discuss all evaluation materials and information all sources presented to the 504 Team.

• Determine whether a physical or mental impairment can be identified.

• Does the 504 Team have sufficient information to make this determination, or is additional information needed?

• If no additional information is needed, does the student currently have a mental and/or physical impairment that can be verified by reference to documentation and information considered by the 504 Team?

• Determine whether the impairment or condition substantially limits one or more major life activities.

"Substantial" relates to the limitation of a major life activity, not the condition or handicap.

The term "Substantial" is not defined. The 504 Team should consider the impact of the impairment upon any of the student's major life activities. The 504 Team should consider the following rules of construction when determining whether a physical and/or mental impairment substantially limits a major life activity:

• The term "substantially limits" shall be construed broadly.

• An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment.

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

• An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. However, an impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting.

• The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.

• Identify the major life activity(ies) that is/are affected by the student's impairment(s):

• Determine whether the student qualifies as an individual with a disability under Section 504:

• The student has a physical and/or mental impairment that substantially limits one or more major life activities.

8. If, upon evaluation, the 504 Team finds that a student is an individual with a disability under Section 504, the 504 Team shall meet to determine what, if any, regular or special education services and related aids and services (including accommodations and/or modifications) are necessary to ensure that the student receives FAPE, which shall be specified in a written 504 plan ("Section 504 Plan")

C. Section 504 Plan

The parents/guardian or student aged 18 or over shall be invited to participate in a 504 Team meeting where the "Section 504 Plan" will be developed and shall be given an opportunity to examine all relevant records concerning the student.

The 504 Team will develop a Section 504 Plan describing the student's

disability(ies) and identifying the types of regular or special education services, related aids and services, accommodations, and/or modifications ("services, accommodations, and/or modifications") are necessary to ensure that the student receives a FAPE. The Section 504 Plan will specify how services, accommodations and/or modifications are to be provided and by whom. In developing the Section 504 Plan, the 504 Team shall consider all available relevant information, drawing upon a variety of sources.

The Team may also determine that no services, accommodations, and/or modifications are appropriate. If so, the record of the 504 Team proceedings will reflect the identification of the student as an individual with a disability and will state the basis for the decision that no services, accommodations, or modifications are presently needed.

A student with a disability shall be placed in the regular education environment of the District with the use of the supplementary aids and services, unless the District demonstrates that such placement cannot be achieved satisfactorily. The student with a disability shall be educated with those who do not have a disability to the maximum extent appropriate to the individual needs of the student.

The 504 Team shall notify the parents/guardian or student aged 18 or over in writing of its final decision concerning the services, accommodations, and/or modifications to be provided and the parents shall be notified of the safeguards available to them, including the right to an impartial hearing.

If a Section 504 Plan is developed, all school personnel who work with the student shall be informed of the plan and a case manager will be assigned to monitor student progress.

D. Review

The 504 Team will monitor the effectiveness of the student's Section 504 Plan at least once every year to determine whether the services, accommodations, and/or modifications are appropriate and necessary for the student to receive a FAPE, i.e., that the student with a disability's needs are being met as adequately as the needs of non-disabled students.

E. Periodic Reevaluation

Each student with a disability under Section 504 shall be reevaluated at least once every three years. In addition, a reevaluation of the student's needs shall be conducted before any significant change in placement, but not more than once per year unless the student's needs change, or unless agreed to by the District and the parents/guardian or student aged 18 or over. Prior to conducting a reevaluation, the District shall acquire written consent from the parent/guardian or student aged 18 or over.

F. Procedural Safeguards

The District shall notify the parents/guardians or student aged 18 or over of all actions and decisions by the District regarding the identification, evaluation, or educational placement of the eligible child.

The parents/guardians or student aged 18 or over shall be notified that they may examine the eligible student's relevant educational records.

If a parent/guardian or student aged 18 years of age disagrees with the decision(s) of the 504 Team with respect to the identification, evaluation, or educational placement of the student, the parent/guardian or student aged 18 or over shall have the right to an impartial hearing (Section 504 due process hearing). A detailed description of the available impartial hearing procedure is described in section IV of this Administrative Regulation below.

A 504 student who is the subject of discipline that results in removal from school for more than ten days shall be provided appropriate due process in accordance with state and federal law. Due process procedures that meet the requirements of the IDEA may be used to meet the procedural safeguards of law. A 504 meeting shall be conducted to consider whether the misconduct in question is a manifestation of the student’s disability. If it is determined that the misconduct is not directly and substantially related to the student’s disability, the student may be excluded from school in the same manner as are similarly situated students

who do not have disabilities. A student identified as a qualified individual with disabilities under Section 504, who is also covered by the Individuals with Disabilities Education Act, will be disciplined in accordance with Board policy #5144.3, “Discipline of Students with Disabilities.”

A reevaluation will also be required before any other significant change in placement (i.e., transferring a student to alternative education, significantly changing the composition of the student’s class schedule, such as from regular education to the resource room, etc.).

III. Procedures for Complaints Alleging Discrimination on the Basis of Disability

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to problems which may arise concerning claims of discrimination. Evidence of reprisal against a complainant or witness shall be viewed as a violation of this policy.

Any person who wishes to inquire or to register a complaint concerning alleged disability discrimination in the Windsor Locks Public Schools shall have an opportunity to bring such concerns to the attention the District’s 504 Coordinator/ADA or the Superintendent, who has the authority to resolve such complaints.

Students wishing to make an inquiry, report or complaint regarding disability discrimination shall use the same grievance procedure and complaint form set forth in Board Regulation R5145.5, Nondiscrimination Toward Students Affirmative Action. The grievance procedure applies to any form of alleged discrimination prohibited by state or federal law and/or Board policy except for complaints of sexual harassment. For inquires, reports or complaints of sexual harassment, refer to Board Policy 5145.5/4218.112/4118.112 which contains its own protocols and grievance procedures.

For convenience the grievance procedure set forth in R5145 is repeated here:

Level I: The complainant shall discuss the alleged discriminatory act or practice with the appropriate Civil Right Coordinator/Compliance Officer or the individual closest to the daily decision-making level. This will normally be a Principal, teacher, counselor, Department Chairperson, Head Custodian, or Cafeteria Manager. If satisfaction cannot be achieved through informal discussion, the following procedure may be initiated.

Level II: While there is not a specific deadline for filing, the complainant is encouraged to put the complaint in writing on a District provided form, and to file it with the appropriate Civil Rights Coordinator/Compliance Officer within forty (40) calendar days of the alleged incident. Within five (5) working days of receipt of the complaint, a conference must be held. Within five (5) working days following the conference, the complaint must be resolved to the satisfaction of both parties or be referred to the Superintendent of Schools. Within five (5) working days, the Civil Rights Coordinator/Compliance Officer shall notify the Superintendent and must notify the complainant of this notification. The Board will be apprised by the Superintendent of any grievance reaching Level II.

Level III: Within ten (10) working days after receipt of notification by the Civil Rights Coordinator/Compliance Officer, the Superintendent must hold a hearing with the complainant; and within five (5) working days of the hearing, resolve the complaint or issue a determination.

Level IV: The Board of Education, Superintendent, and the Civil Rights Coordinators/Officers shall proceed in accordance with appropriate laws or regulations and provide the Complainant written notice of the outcome in a timely fashion.

If discrimination is found, immediate and appropriate action will be taken to stop the discrimination and deter its recurrence. The Board is committed to providing a safe educational environment free from discrimination.

In addition to the internal complaint procedures set forth herein, complaints of discrimination and/or discriminatory harassment can be reported to:

Dissemination of Grievance Procedures

To effectively inform all concerned persons about the process of grieving a complaint, the adopted Grievance Procedures is to be disseminated to students, parents/guardians, employees, and other interested parties. This information must be provided on a continuing basis. This Grievance Procedure shall be disseminated in a variety of ways, including, but not limited to, dissemination in: student/parent handbooks; bulletins or postings in district schools with the name of the coordinators posted on the school and/or district website; via a letter home to each student at the beginning of each school year and/or included as part of a school orientation package or employee orientation packet.

Public Notice of Non-Discrimination

Public Schools shall provide continuing notice to the public, personnel, and students that it does not discriminate on the basis of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, past or present history of mental disorder, intellectual disability, learning disability or other legally protected status with regard to admission or access to, or treatment or employment in programs and activities of the school district. Continuing notification may include the posting of notices, publication in local newspapers, and placement of notices in school publications, in student/parent handbooks, on district websites and through distribution of memoranda or other written communication.

IV. Requests for an Impartial Hearing

An impartial hearing is available to a parent/guardian of a student or a student aged 18 years of age or older who disagrees with the decisions made by the professional staff of the District with respect to the identification, evaluation, or educational placement of the student.

A request for an impartial hearing regarding a student's identification, evaluation, or educational placement under Section 504 should be forwarded to the District's Section 504/ADA Coordinator within thirty(30) school days of the alleged date that the dispute regarding the student's identification, evaluation, and/or education placement arose OR within fifteen (15) school days of the Superintendent's decision in reviewing a complaint handled through the complaint procedure described in Section III.

a. The request for an impartial hearing concerning a disagreement relating to a student's identification, evaluation or educational placement should contain the following information:

i. Full name of the student, age, and grade level;

ii. Name of parent(s);

iii. Address and relevant contact information for parent/complainant;

iv. Date of complaint;

v. Specific areas of disagreement relating to the student's identification, evaluation and/or placement; and

vi. Remedy requested.

b. Upon receipt of a request for an impartial hearing, the Board shall retain an impartial hearing officer. The impartial hearing officer must be someone who is knowledgeable about the requirements of Section 504/ADA and has an understanding of a free appropriate public education ("FAPE") under Section 504 and the distinctions between and among Section 504, the ADA and the Individuals with Disabilities Education Act ("I DEA"). The impartial hearing officer may not be a District employee.

c. The impartial hearing office shall schedule a pre-hearing conference with the District and the parent(s) or student aged 18 years of age or older (or legal counsel for the student) to identify the issue(s) for hearing, set the hearing schedule, and address other administrative matters related to the hearing including the option for mediation.

d. The impartial hearing officer shall inform all parties involved of the date, time, and place of the hearing and of the right to present witnesses, other evidence, and to be represented by legal counsel at each party's own expense if desired.

e. The impartial hearing officer shall hear all aspects of the complainant's complaint concerning the identification, evaluation, or educational placement of the student and shall reach a decision within forty-five (45) school days of receipt of the request for hearing. The decision shall be presented in writing to the complainant and to the Section 504/ADA Coordinator.

f. The time limits noted herein may be extended for good cause shown for reasons including, but not limited to, permitting more time for thorough review of the record, presentation of evidence, or opportunity for resolution.

V. The Section 504/ADA Coordinator for this District is: Joshua Robinson, Director of Special Services, 58 South Elm Street, Windsor Locks, CT 06096

Legal Reference: Connecticut General Statutes

10-15c Discrimination in public schools prohibited.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§791, 793-794

(2006), (34 Code of Federal Regulations Part 104)

Americans with Disabilities Act of 1990, 42 U.S.C. §§12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006)

Americans with Disabilities Amendments Act of 2008

Section 504 Notice of Conference

Student:________________________________ Dated:_______________________________

Dear:__________________________

(Parent)

We would like you to attend a Section 504 meeting regarding your child. The purpose of this meeting is to (all that apply have been checked):

_____ Discuss the results of the evaluation/504 eligibility determination

_____ Discuss the student’s academic progress

_____ Review the current service agreement

_____ Review placement

_____ Discuss the results of the reevaluation

_____ Other

The following records/data will be discussed at the meeting:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The meeting has been scheduled for the following location and time:

Location:_______________ Time:_________________________

The following people will be invited to the meeting:

___________________ _________________________

___________________ _________________________

___________________ _________________________

If you would like any additional people to attend this meeting, if you have any questions or if it is not possible for you to attend on the date and time listed above, please contact me as soon as possible.

Building 504 Administrator: __________________________

Address: _________________________

Phone: __________________________

Section 504 Eligibility Determination Form

Student: ____________________ Grade/Class/Team:_____________ Date: ___________

School: ___________________ Birth Date: ____________Parent(s): _____________

District 504 Coordinator: _________________________________________________________

Building 504 Administrator: ______________________________________________________

Reason for Meeting:

_____Initial Evaluation _____Periodic Reevaluation ______Reevaluation before change in placement

Variety of sources of evaluation information: (indicate each one used)

_____ achievement tests ____ teacher recommendations/observations

_____ adaptive behavior ____ student work samples

_____ medical report ____ cognitive assessments

______ other (specify): ____________________________________________________

Eligibility Criteria (All must be answered “yes” for the student to be eligible)

1. ____ Yes ______ No Does the student have a physical or mental impairment supported by documentation or other reliable evidence (medical records, testing, observations, etc.)? If not, proceed no further. The child is not a protected child under Section 504.

Specify the mental or physical impairment: __________________________

Note: If the impairment is related to current use of illegal drugs or alcohol, the student is not eligible for Section 504.

2. _____Yes _____ No Does the impairment affect one or more major life activities of the student such that the student is prohibited from participating in or having access to any aspect of the school program? If no major life activity is affected by the physical or mental impairment, proceed no further. The child is not a protected child under Section 504.

Check the major life activity that is affected by the impairment:_________________________

_____ seeing _____hearing _____caring for one’s self _____breathing

______walking _____learing _____performing manual tasks _____working

_____other (specify): _________________________________________

The team must focus on the major life activity as a whole (e.g. learning), not on a particular class (e.g. math) or sub-area (e.g. socialization; study skills).

If so, which major life activities are affected by the physical or mental impairment? (There must be appropriate evidence supporting the conclusion that a major life activity is affected. A description of how the major life activity is affected must be provided.)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Is the student substantially limited in the identified major life activity(ies)? (Complete the scale below, then answer question)

The term “substantially limited” means that the student is: unable to perform a major life activity that the average student of approximately the same age can perform OR significantly restricted as to the condition, manner or duration under which a particular life activity is performed as compared to the average student of approximately the same age. (The impairment must be substantial and somewhat unique, rather than commonplace, when compared to the average student of approximately the same age.)

Discount from the analysis any sub-par performance due to other factors, such as lack of motivation, and the immediate situation or environment. Similarly, make an educated estimate of the mitigation of medication. Use the average student in the general population as the frame of reference for comparison.

Place an “X” on the following scale to indicate the specific degree that the impairment (in #1) limits the major life activity (in #2); for an “X” at 4/0 or above, fill in specific information evaluated by the team that justifies the rating:

5_____ Extremely_____________________________________________

4_____ Substantially __________________________________________

3_____ Moderately ___________________________________________

2_____ Mildly _______________________________________________

1_____ Negligibly ____________________________________________

_____Yes The team’s determination was a “4” or above. The team should determine and list on the 504 Accommodation Plan the specific accommodations that are necessary for the student to have an opportunity commensurate with nondisabled students of approximately the same age in this district.

OR

_____No The team’s determination was less than 4; the student is not eligible for Section 504 protections.

Provide notice to parents of their procedural rights, including an impartial hearing. \

Explain:

4. ______Yes _____ No Is a service or accommodation needed as a result of the disability to enable a student to attend or participate in a program or activity safely and in a manner consistent with attendance and participation of non-disabled students?

If “yes” was answered to all four questions, the student is entitled to accommodations and services under Section 504 made necessary by the disability so that the student can access or attend programs or activities safely.

Our team has recommended a 504 Service Agreement for this student: _____Yes _____No

What supplemental aides and/or services does the student need, if any?

School Committee Members Check Area of Knowledge

_________child ______evaluation data _____ accommodation/placement

_________child ______evaluation data _____ accommodation/placement

_________child ______evaluation data _____ accommodation/placement