ELIGIBILITY
To enjoy the protections of Section 504, an individual must demonstrate that he/she has a physical or mental impairment, which substantially limits a major life activity, has a record of such impairment or is regarded as having such an impairment. Major life activities include, but are not limited to, seeing, hearing, speaking, walking, breathing, learning, working, caring for oneself and performing manual tasks.
The act is designed to prevent discrimination against individuals with disabilities. It provides that a student shall not be excluded from
participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds such as public schools.
Section 504 is different than the Individuals with Disabilities Education Act (IDEA). This is due in large part to the fact that to qualify under IDEA, the student must need special education. In other words, the student’s disability must adversely affect the student’s educational performance as to require specialized instruction. Under 504, the disability need not have any effect on the student’s ability to learn, so long as the condition substantially limits some other major life activity that has implications for the student’s education.
REFERRAL
A referral for possible Section 504 eligibility may be initiated by a parent, staff member, or other individual who has a suspicion that the child may have a physical or mental impairment, has a history of or is regarded as having an impairment that substantially limits one or more major life activities.
A referral must be made in writing, dated and include the reason for the referral.
The Section 504 school representative will notify the parent/guardian in writing of the referral.
The Section 504 school representative will determine a conference date and document the information on the Notice of Section 504 Conference Form. The notice will be sent to parent and a copy to all conference participants.
The Section 504 school representative will coordinate the gathering of relevant information necessary to assist in the identification of a Section 504 student.
EVALUATION
The primary purpose of conducting an individual assessment of a student referred for a Section 504 evaluation is to gather information sufficient to permit a group of persons knowledgeable about the child to determine whether the student is eligible for Section 504 services and to determine what services are required to ensure a free appropriate public education.
The information typically considered comes from a variety of sources: physician reports, parents, teachers, school records, observations or interviews by school personnel, academic and achievement tests, social or cultural background, and adaptive behavior. The Section 504 Team will include: a building administrator, guidance counselor, teachers, nurse, other building staff (as needed), and/or the student. The team may also include, as needed, district personnel such as: student assistance counselor, lead guidance counselor, and/or any other district personnel that may be needed. The parent or guardian will be invited to also attend.
In general, parents are responsible for obtaining medical diagnoses and treatment for their child. When a medical condition is suspected as constituting a significant impairment of a major life activity, district nursing personnel and/or the district medical inspector have the responsibility for reviewing the medical diagnostic reports and determining whether or not the medical condition does, in fact, substantially limit a major life activity. If so, these staff members then have the responsibility for determining what accommodations are needed in a Section 504 plan to ensure that the student receives a free appropriate public education pursuant to 34 C.F.R. 104.33.
Evaluation procedures may include: standardized testing, interviews with the child and parent, rating scales, observational data, adaptive behavior assessments, teacher records, social and cultural background data, and medical records.
In determining whether a student is disabled under Section 504, the Section 504 Committee must conclude that:
i. The student has a physical or mental impairment, has a record of such impairment, or is regarded as having such an impairment,
ii. The presence of the physical or mental impairment substantially limits
one or more major life activities and
iii. Because of the substantial limitation, the student is in need of a free appropriate public education to ensure that his/her educational needs are met as adequately as the needs of nondisabled students are met.
The evaluation procedure must be completed within a reasonable amount of time. Upon completion of the evaluation, the parent/legal guardian shall be notified of the Section 504 Team Meeting that will be held to discuss the evaluation and determine eligibility.
If the student is found eligible, a Section 504 plan is developed.
If the Section 504 team does not suspect that the child’s disability substantially limits a major life activity then the school is not obligated to develop an accommodation plan. A Section 504 Notice to Parent, including Section 504 Due Process Procedures, will be provided to the parent/guardian that fully explains this decision.
RE-EVALUATION
The Section 504 representative will ensure that periodic reevaluations are conducted, generally every three (3) years.
Notice will be sent to the parents informing them of the intent to
re-evaluate.
The re-evaluation will review the components of the most recent evaluation in addition to aptitude and achievement tests, teacher reports, physical or medical reports, social and cultural background, adaptive behavior, grades, progress reports, parent observation, and anecdotal reports.
The re-evaluation will be completed within a reasonable period of time.
If a re-evaluation is deemed necessary at any time during the current school year by any members of the Section 504 Committee, then the Committee shall reconvene for the purpose of re-evaluation.
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