Sevier County
School System
Section 504
Manual
§504
of the Rehabilitation Act of 1973 is a federal civil rights law protecting the
rights of individuals with disabilities. The term "handicap" was
replaced with "disability" by the Rehabilitation Act Amendments of
1992. §504 prohibits discrimination against persons with a disability in any
program receiving federal financial assistance, including discrimination
against students and staff members by school districts.
§504
requires that, "No otherwise qualified individual with disabilities in the
United States shall, solely by reason of disability, 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 including
employment practices, program accessibility, preschool, elementary and
secondary education, post-secondary education, and health, welfare, and social
services. The provisions of §504 with the most significant impact on school
districts relate to employment practices, program accessibility, and preschool,
elementary, and secondary education. The preschool, elementary, and secondary
education requirements impact on the school district's responsibilities to the
public to provide a free and appropriate public education (FAPE) for all
students with disabilities.
§504
defines an individual with a disability as anyone who:
1.Has a mental or physical
impairment which substantially limits one or more major life activities such as
caring for one's self, performing manual tasks, walking1 seeing, hearing,
speaking, breathing, learning, and working;
2.Has a record of such an
impairment; or
3.Is regarded as having such
an impairment.
The
definition prongs "2" and "3" rarely apply to elementary
and secondary students and usually are not the basis for triggering FAPE
according to an Office of Civil Rights Memorandum (August 3, 1992). §504 applies to all persons with
disabilities regardless of age, for preschool, elementary, secondary, and adult
educational programs and requires school districts to provide commensurate
opportunity and accommodation in educational programs, nonacademic services,
transportation, and facilities.
Americans with Disabilities
Act of 1990 (ADA)
Individuals with
Disabilities Education Act (IDEA)
§504 & IDEA
Identification of Eligible
Students: "Child Find" Requirements
§504 Committee
Referral and Evaluation
Programming and Services
Re-Evaluation/Review
Confidentiality/Student
Records
Procedural Safeguards/Due
Process
Discipline
Student Population
§504 Position
Responsibilities
Americans with Disabilities
Act of 1990
The
Americans with Disabilities Act (ADA) extends full civil rights and equal
opportunities to individuals with disabilities in both the public and private
sector, and prohibits discrimination on the basis of physical or mental
disability in employment, services, communication, and accommodations for
employees, students and the public served by the school district. The
educational requirements of the ADA essentially are those required by §504 and,
therefore, are not addressed separately.
Individuals with
Disabilities Education Act (IDEA)
The
Individuals with Disabilities Education Act (P.L. 105-17, formerly P.L. 94-142
[IDEA-Amended
1997]) addresses educational requirements for students, ages 3 - 21, who (1)
meet one of the specified categories of disabilities defined in the act and (2)
who are in need of special education and related services. Students who receive
special education and related services under IDEA must have an Individualized
Education Program (IEP) which designates program placement and services in the
least restrictive environment. Under the IDEA, the school district ensures
child find, confidentiality, and due process to students and parents.
Students
with disabilities who are identified under IDEA and in need of special
education also qualify as §504 students with disabilities, The requirements of
IDEA, including the IEP, meet §504 requirements for these students. IDEA
students are eligible for all §504 protections, including commensurate
educational opportunity as related to non-disabled peers, program accessibility
and comparability of facilities.
§504 & IDEA
Students
may be disabled under §504 even though they do not require services pursuant to
the Individuals with Disabilities Act.
Students who are disabled under IDEA, also are considered to be disabled
under §504. However, students
determined to be disabled under §504 may not be eligible under IDEA. §504
provides a much broader definition of disability than IDEA, in that individuals
may be considered disabled if they have a physical or mental impairment which
significantly restricts them from performing a major life activity such as
learning.
Students who are disabled under §504 require an
appropriate response from regular education and may require
accommodations in regular education and related service even though special
education services are not required. §504 requires commensurate opportunity for
students with disabilities relative to meeting needs of the non-disabled.
Students identified as disabled and eligible for services under §504 must have
a §504 Accommodation Plan. §504 is
not an aspect of special education. Rather, it is a responsibility
of the regular education system.
For
all students with disabilities identified under IDEA or §504, the school
district must provide a free, appropriate public education to the students. It
is the intent of the Sevier County
School System to provide a free and. appropriate public education to each
student with a disability within its jurisdiction, regardless of the nature or
severity of the disability. The due process rights of students with
disabilities and their parents will be enforced under §504 and IDEA.
Free
and Appropriate Public Education (FAPE)
1.Appropriate. The §504 services are
designed to meet the individual needs of the eligible student as adequately as
the needs of the non-disabled students, and are based upon adherence to the
regulatory procedures relating to educational setting, evaluation, and
placement, and procedural safeguards.
2.Free. An eligible student's program,
under §504, is provided without cost to the parent of the eligible student,
regardless of where the services are provided or by whom. The only costs of
educational services that may be assessed the eligible student are those borne
by non-disabled students and their parents (such as tickets to athletic events,
purchases of yearbooks, gym clothes, etc.).
When the Sevier County
School System
has made available a FAPE as required by §504, and the eligible student or
his/her parents or guardians choose to place the student in a private school,
the Sevier County School System is not required to pay for the eligible
student's education in a private school.
As
part of the on-going identification and referral process, the Sevier County School System will make reasonable efforts to
identify and locate every qualified disabled student residing within the System
who is not receiving a public education. The System will inform the parents or
guardians of these potentially eligible students (who may be attending private
or home schools) of the System’s duties under §504. As part of the Child Find
effort, the System shall annually publish the Child Find Notice in local
newspapers, student handbooks, and/or place the Notice in locations likely to
be seen by parents of eligible students (such as supermarkets, pediatrician's
offices, etc.). Additionally, every teacher should have information
regarding how to initiate a §504 referral and how to identify students who
should be referred.
A
referral for consideration of §504 eligibility should be initiated by school
personnel to the school support team (S-Team) if there is a reason to believe
that the student has a "physical or mental impairment that substantially
limits one or more major life activities." A parent may make a referral
for determination of §504 eligibility. Referrals
must be accompanied by documentation of attempts to re-mediate difficulties in
the regular education setting.
The
following are examples of instances when a referral should be considered for
§504 eligibility:
Hospitalization - a student returns from
treatment in a medical, rehabilitation or psychiatric facility, except for
short-term medical problems.
Existing Medical or
Emotional or Behavioral or Physical Problems - when a student has been
identified by other professionals, such as a physician, psychologist, or
licensed counselor, when the student is on medication at school or requires
specialized medical procedures or equipment at school. Among the myriad of
medical, emotional, behavioral or physical conditions which may qualify are
attention deficit disorders, allergies, asthma, diabetes, emotional adjustment
disorders, behavior disorders, orthopedic problems, hearing and vision
impairments, certain communicable diseases such as HIV/AIDS or tuberculosis,
and temporary medical conditions due to illness or accident.
Problems Observed in the
School Setting - when a student is demonstrating a pattern of not benefiting from the
educational program because of medical, emotional, behavioral, or physical
problems.
Former IDEA Students - when a student has a
disability but is dismissed from needing
special
education services. The student may be eligible for §504 services, but students
dismissed from special education are not automatically §504-eligible.
Not Eligible Under IDEA
When
a student is evaluated under IDEA procedures and is found to have an identified
disability that does not have an educational impact, the student does not
qualify for special education. If students have a disability that is not in
need of special education, the student may qualify as §504-eligible.
Drug/Alcohol Addiction - when a student is
diagnosed as an addict but is not currently using drugs or alcohol (e.g., has
been in a drug rehabilitation program and is no longer using drugs. A person who is currently using illegal
drugs or alcohol does not qualify under §504 eligibility for services or
disciplinary due process protections.
Attention Deficit Disorder - when a student is
diagnosed as ADD/ADHD by a professional, such as a physician. Some students
with ADD/ADHD may qualify for special education services under IDEA as ADHD,
Learning Disabled, Emotionally Disturbed, or some other category. Some students may qualify as ADD/ADHD
under §504, but not all children are eligible either under §504 or IDEA.
The
student's ability to learn or behave in an appropriate manner MUST BE
SUBSTANTIALLY LIMITED. All students with identified disabilities will not
qualify for an accommodation plan under §504. They must, however, be given
consideration that such a plan may be necessary to meet individual educational
needs as adequately as the needs of non-disabled students are being met. Educational need is defined as a serious
academic deficit, a serious behavior problem resulting from the suspected
disability and not from other causes, or any other physical or mental
impairment which seriously affects the student's opportunity to benefit from
educational services.
§504 Committee
The
decision to qualify a student for §504 services is made by a multidisciplinary
team of people, composed of at least three members. It should include persons
knowledgeable about the student, the meaning of evaluation data, and
educational interventions. The §504 Committee includes persons such as the
student's teacher, school psychologist, guidance counselor, school nurse, and
school administrator. The parent should be invited to participate with the
committee in the §504 process for eligibility and services. The §504 Committee
should be chaired by a person appointed by the school principal, and it is
recommended that this person be the §504 Building Coordinator.
If
school personnel have reason to believe that a student has a disability, as
defined under §504, the student must be evaluated. A parent may initiate a
referral for evaluation, but regardless of the referral source, the parent must
provide written consent prior to the evaluation and the Sevier County School
System needs to provide procedural safeguards at the time the child is
identified as having a disability.
Guidelines for evaluating and determining a disability under §504
require a multidisciplinary team, the §504 Committee. The evaluation must
accurately and thoroughly assess the nature and extent of the disability and
focus on specific areas of educational deficit.
The
specific evaluation procedures employed are determined by the type of
disability suspected and the type of services that may be needed. In some
cases, the evaluation may be handled solely by the school-based
multidisciplinary team, which includes the student’s teacher, the school
psychologist, and other persons knowledgeable of the student. The team, in
cooperation with the parent, can appropriately assess existing evaluation data,
review school records, obtain observation data, evaluate effectiveness of
educational interventions over time, determine eligibility under §504, and
recommend programming within regular education.
The
evaluation procedures under §504 have been interpreted by the Office For
Civil Rights as requiring prior written consent. The evaluation
procedures under §504 are usually less formal and comprehensive than those
under IDEA. An evaluation less comprehensive than a full IDEA evaluation may be
adequate, but the extent of the evaluation must be made on a case-by-case
basis. In instances, however, when a
more comprehensive evaluation is needed and/or the student demonstrates
characteristics of a disability under IDEA, which would require special
education, a referral for an IDEA evaluation is warranted. Regulations
governing IDEA evaluations would then be operative.
Once
all evaluation data have been reviewed and the student's eligibility under §504
has been determined, the multidisciplinary team must determine what educational
services are needed. Most children identified only under §504 can be educated
in the regular setting with accommodations and/or related aids and services
which ensure commensurate opportunity to meeting educational needs of
non-disabled peers in the least restrictive environment.
Qualified
students with disabilities must be given the opportunity to participate in
nonacademic and extracurricular services and activities, such as recreational
and athletic activities and school-sponsored clubs. Participation in non-academic
activities may require accommodations.
The
multidisciplinary team is made by a group of persons knowledgeable about the
student. The group should review the nature of the disability, how it affects
the student's education The decisions about §504 eligibility and services must
be documented on the appropriate forms, maintained in the student's
confidential record, and reviewed periodically.
§504
regulations require that re-evaluations be done periodically, but a specific
time frame is not mandated. However, regulations do require that a
re-evaluation with notice to parents occur prior to any significant change in
placement, including long-term suspensions or expulsion. Following
the same rationale employed for the IDEA, a re-evaluation of the student's
disability status should be conducted every three years or more often if
warranted. The Sevier County School System requires that each student's §504
Accommodation Plan be reviewed at least annually to determine if the plan continues
to be appropriate for the student.
Student
Records: Parents or guardians have the right to examine all educational records
of the student, including the records of the §504 Committee. The District will
comply with all of the requirements of the Family Educational Rights and Privacy Act
(FERPA)
(20 U.S.C.123g) and its implementing regulations found at 34 C.F.R. Part 99.
§504 records will be maintained under the same policies and procedures for
confidentiality under IDEA, ensuring that only those persons with the
"right to know" have confidential information concerning the
student's disability.
§504 Student File: Each school will maintain
a confidential §504 documentation file for each student referred to the §504
Committee. The confidential records of
each student will be housed at the school. When a student transfers within the
district, this file is transferred as part of his/her student record as a
confidential file, using the same procedures as IDEA files. When a student transfers out of district,
the §504 file may be transferred with parent permission or notification under
FERPA requirements.
§504 Census Roster: Each school will maintain
a §504 census roster, and will forward this list of §504 students receiving
services to the System Coordinator on an annual basis.
Notice: Parents will be provided
notice of the actions of the §504 Committee with respect to the identification
and education placement of students referred to the §504 Committee. Notice to
parents needs to include procedural safeguards/parent rights.
Evaluation: Before taking any action
with respect to the initial placement of a disabled student in a special
education program or provision of related services, and before any subsequent
significant change in placement, including certain disciplinary removals, the
System will conduct an appropriate evaluation. Under §504, the nature and
extent of the professional evaluation is left to the judgment of the §504
Committee and/or the persons performing specific portions of the evaluation.
Tests and other evaluation materials must be tailored to assess the specific
areas of educational need and not merely be those which are designed to provide
a single score. Tests must be selected and administered to ensure the student's
aptitude or achievement level or whatever other factor the test purports to
measure, rather than reflecting a student's impaired sensory, manual, or
speaking skills except where those skills are the factors that the test
purports to measure. Tests and other evaluation materials must be validated for
the specific purpose for which they are used, and must be administered by
trained personnel in conformance with the instruction provided by their
publishers. Evaluation information also may come from sources other than
formal, validated testing, Evaluation procedures used will be
non-discriminatory.
Other Safeguards: If the parents of a
student disagree with any actions of the §504 Committee regarding the identification,
evaluation, and educational placement of a student, the parents have a right to
an impartial hearing in which they may participate and be represented by
counsel.
Disciplinary
procedures which apply to students with disabilities under IDEA also apply to
students with disabilities under §504 with the following exceptions: students with disabilities
under §504 who have been expelled do not have to be provided with educational
services following expulsion, and there is no "stay put" requirement
under §504.
If
a student is being considered for suspension beyond 10 days cumulative or
expulsion, including suspension or expulsion from a school bus, a
multidisciplinary team must determine if the behavioral infraction is related
to the disability, a process known as "manifestation determination." If the team determines that the behavior is
caused by the disability, then the educational placement or service should be
modified or alternative placement or services provided. This process is identical to the one in
effect for IDEA disabled students.
The
District may discipline a student with a disability under §504 who is currently
using illegal drugs or alcohol for the use or possession of illegal drugs and
alcohol to the same extent as action taken against non-disabled students. In
such cases, §504 due process procedures, namely evaluation and manifestation
determination, are not required for current users. If the student is an
otherwise disabled student under IDEA, who is possession of and/or using illegal drugs and alcohol, evaluation and
manifestation determination and all due process procedures must take place.
Special procedures also apply in the discipline of students with disabilities
for possession of firearms.
Students
are qualified under one or more of
thirteen
(13) IDEA disabling conditions
programs
are planned for each student by IEP
Teams.
Due
to substantial mental or physical impairments
that
limit one or more of the student's major tile
activities, special accommodations to the student’s
program
are required. A §504 Accommodation
Plan is
designed for each student according to
individual need.
Examples of
potential §504 disabling conditions
not typically covered under IDEA are:
Communicable
diseases, such as HIV/
AIDS, tuberculosis
Medical conditions, such as asthma,
diabetes, allergies
Temporary medical
conditions due to
accident or illness
Attention Deficit Disorder
Other conditions
§504 Position
Responsibilities
I. System
§504 Coordinator
1.Develop
a district-wide §504 compliance plan.
2.Disseminate
to each school building the compliance plan, with commensurate 504 procedures.
3.Train
school building §504 coordinators in §504 compliance/procedures.
4.Develop,
implement and disseminate a detailing of procedural safeguards.
5.Work
in partnership with the district's special education director.
6.Communicate
district-wide procedures to staff and parents.
7.Continually
seek new information relative to §504 compliance and update all data.
8.Serve
as the district liaison with the Office for Civil Rights.
9.Allocate
public resources with respect to the funding of §504 - non-special education
services
II.
Site-Based §504 Coordinator
1.Receives
initial referral and post-referral information.
2.Responsible
for gathering any additional and necessary evaluation data.
3.Responsible
for notifying all §504 committee members of meetings.
4.Obtains
written permission for initial assessment.
5.Responsible
for sending notices to parents and scheduling Section 504 meetings.
6.Assists
in developing §504 modifications for eligible students.
7.Ensures
that annual review meetings are conducted.
8.Conducts
initial meeting and fills out required forms, conducts subsequent meetings as
is necessary.
III.
Site-based §504 Monitor
1.Attends
all §504 meetings.
2.Ensures
that parents are provided with a copy of §504 Parental Rights.
3.Ensures
the implementation of the §504 Plan by monitoring the plan and by keeping a
written record of such monitoring.
Note: §504 monitor and
coordinator may be the same person.
Updated:
October 16, 2000
This
document is provided as one tool for teachers and administrators to use when
identifying, assessing, and providing for disabled students under Section 504.