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Section 504
Van Dyke Public Schools


General
Description
Section 504 of the
Rehabilitation Act of 1973 is a civil rights statute which
provides that: "No otherwise qualified individual with
disabilities in the United States...shall, solely by reason
of his/her 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 or activity conducted by any
executive agency or by the United States Postal Service." 29
USCs/794.
Section 504 of the
Rehabilitation Act of 1973, Public Law 93-112, Subpart D
protects the rights of individuals with handicaps. Public
schools must provide accommodations and services for
students with special needs. Students in preschool,
elementary, secondary and adult education programs and
activities may receive accommodations or services. School
districts must make appropriate accommodations to allow
students an opportunity to successfully participate in
school and school-related activities. It is not the intent
of Section 504 to provide program(s) that are fundamentally
different from existing opportunities.
It is important to
recognize that Section 504 is not a part of the Individuals
with Disabilities Education
Act (IDEA), commonly referred to as Special Education. IDEA
has more restrictive criteria than Section 504.
The school district's responsibilities in the
identification, evaluation, and accommodation of students
with
disabilities under Section 504 lie primarily within the
realm of regular education.
Under Section 504, a
person is considered handicapped if she/he meets one or more
of the following definitions:
 | Has a physical or mental impairment
which substantially limits one or more major life
activities such as learning in school; caring for one's self; performing
manual tasks; walking; seeing; hearing; speaking;
breathing; and working. |
 | Has a record or history of such an
impairment (such as a student previously certified as
learning disabled
who is no longer eligible for special education; a student
who had cancer; a student recovering from a
physical illness). |
 | Is regarded as having such an
impairment. A person can be eligible under this section if
she/he: |
A. Has a physical or
mental impairment that does not
substantially limit a major life activity but is treated
by
the school district as having such a limitation (such as
a
student who walks with a limp);
B. Has a physical or
mental impairment that substantially limits a major life
activity only as a result of the attitudes of others
towards such impairment (such as a student who is
obese); or;
C. Has no physical or
mental impairment but is treated by the school district
as having such an impairment (such as a student who
tests positive for the HIV virus but has no physical
effects from it).
A person cannot be
considered handicapped under Section 504 solely due to
cultural, environmental, or economic factors.
The following types of
disabilities may necessitate a Section 504 accommodation
plan to be developed and implemented:
Acquired
Immune Deficiency Syndrome (AIDS)
- The student may frequently miss school and may not have
the strength to attend a full day. In this case the student
has a record of a disability which substantially limits the
life activities of learning and working.
Arthritis
- A student with arthritis may have persistent pain,
tenderness or swelling in one or more joints.
In this case a student experiencing arthritic pain may
require a modified physical education program.
Asthma - A student who has
been diagnosed with asthma may have been advised by
his/her physician not to participate in physical activity
outdoors. This disability limits the major life function
of breathing. The school is required to make appropriate
accommodations.
Attention
Deficit Disorder
- A student who has been diagnosed with attention
deficit disorder may have difficulties which substantially
limit the life activities of learning and working. It is the
responsibility of the school district to determine whether
the disability is manifesting in educational problems.
Examples of Section 504 accommodations may include
behavioral contracting, limiting classroom distractors,
reward systems, etc.
Cancer - A student with a
long term medical problem may be given considerations to
accommodate special needs. For example, a student with
cancer may need a class schedule that allows for rest and
recuperation following chemotherapy.
Drugs and Alcohol - If the
student has used drugs and/or alcohol and this behavior
has affected the major life activity of learning, he or
she could qualify for accommodations under Section 504. A
necessary condition for consideration, however, is that
the student must not presently be using drugs or alcohol
AND must be participating in a rehabilitation program.
Behavioral or Emotional
Difficulties
- If a student has been diagnosed as having a
Behavioral Disorder (e.g., Conduct Disorder, Oppositional
Defiant Disorder) or an Emotional Disorder (e.g., Anxiety,
Depression) and does not qualify for IDEA (Special
Education) services, it is the responsibility of the school
district to determine whether the student's disorder is
manifesting in educational problems. Examples of Section 504
accommodations may include adjusting the student's schedule
to permit him/her to attend counseling sessions, behavioral
contracting, etc.
Obesity
- This condition may be considered a disability
under Section 504 if it substantially impairs a major life
activity or is perceived by others as doing so.
The above is not an
exhaustive list of conditions considered as disabilities
under Section 504.
|
Section
504 and the IDEA: A Comparison |
|
Component |
IDEA |
Sec.
504 |
| General Purpose: |
A
federal funded statute which provides financial aid to
states in their efforts to ensure adequate and
appropriate services for disabled children. |
A broad
civil rights law which protects the rights of
individuals with handicaps in programs and activities
which receive federal financial assistance from the U.S.
Dept. of Education. |
| Who is protected? |
Identifies 13 categories of qualifying conditions |
Identifies students as handicapped so long as he/she
meets the definition of qualified handicapped person,
i.e., has or has had a physical impairment which
substantially limits a major life activity, or is
regarded as handicapped by others. |
|
Responsibility to provide a free and appropriate
education. |
Both require the provision
of a free and appropriate education to students,
including individually designed instruction. |
|
Requires a written and specific Individualized
Educational Plan (IEP). |
Does
not require a written IEP document, but does require a
written accommodation plan. |
|
Appropriate education@
means a program designed to provide
Aeducational
benefit@,
which may involve placement outside of regular
education. |
The
student is entitled to a written accommodation plan and
is not required to need special education in order to be
protected. |
| Funding: |
Provides additional funding if a student is eligible
under IDEA. |
Does
not provide additional funding. |
| Accessibility: |
Requires that modification must be made if necessary to
provide access to F.A.P.E. |
Has
regulations regarding building and program
accessibility. |
|
Procedural Safeguards: |
Both require notice to the
parents/guardians with respect to identification,
evaluation, and/or accommodation/placement. |
|
Requires a written notice. |
Van
Dyke Public Schools requires written notice. |
|
Delineates required components of written notice. |
Not
required. |
|
Requires written notice prior to any changes in
placement. |
Requires notice only before a
significant change
in placement. |
|
Evaluations: |
Requires consent before initial and re-evaluations are
conducted. |
Van
Dyke Public Schools requires parent/guardian consent for
individually administered evaluations. |
|
Requires re-evaluations to be conducted every three
years. |
Requires periodic re-evaluations. |
|
Requires an update and/or review before any change in
placement. |
Re-evaluation is required before any significant change
in placement |
|
Provides for independent evaluations. |
Not
required. |
| Grievance
Procedure: |
Does
not require a grievance procedure. |
Requires that districts with 15 or more employees
designate an employee as responsible for assuring
district compliance with Section 504. |
| Due Process: |
Both statutes require
districts to provide impartial hearings for
parent/guardians who disagree with the identification,
evaluation, or accommodation of a student with a
disability |
| Exhaustion: |
Requires the parents/guardians to pursue administrative
hearing before seeking redress in courts. |
Not
required. |
| Enforcement: |
Enforced by the Office of Special Education Programs. |
Enforced by the Office for Civil Rights. |

Eligibility
Determination Procedures
Van
Dyke Public School District's procedure for performing
Section 504 evaluations shall:
(1) determine eligibility for
accommodations as a "disabled person";
(2) establish the accommodations
needed for the student; and
(3) monitor the effectiveness of
these accommodations.
There MUST be
a substantial limitation in the student's learning within
the school environment before he/she can receive
accommodations.
If, for example, the student is already achieving at or
above age/grade level, there may not be a substantial
limitation in learning. The existence of a disability which
does not substantially limit the student's performance may
not be considered a disability for educational purposes.
If the student does exhibit signs of a
disability which substantially limits learning within the
school environment, Van Dyke Public School District will
provide an evaluation to determine if the student is
eligible for accommodations under Section 504.
The evaluation process itself may involve
a number of different procedures and various staff members.
The process is essentially a set of procedures which
accumulates and reviews information so that an informed
decision can be made about the student. The evaluation is a
collaborative process so that a variety of information and
personnel can be influential in making appropriate decisions
about a student.
Relevant information may be available in
medical or psychological reports or in other information
provided by the individual's parent(s)/guardian(s).
Additional information may be available from previous
evaluations conducted by the school, or it may need to be
acquired by school personnel, which would require parent
consent.
Formal medical, psychological,
psychoeducational, or psychiatric evaluations are
NOT required to provide
accommodations for students under Section 504. If a student
exhibits signs of a handicapping condition within the school
environment, and such condition limits his/her learning, the
evaluation need not extend beyond that which is discussed
above.
In some cases, the student may not only
exhibit signs of a Section 504 disability, but may also
appear to have, for example, a Specific Learning
Disability. In this case, the student would then be
referred to the special education department for a separate
evaluation which would involve a psychological assessment.
With recognition that many Section 504 and IDEA (Individuals
with Disabilities Education Act) disabilities often co-occur
within individuals, it is the responsibility of the
School Team to determine the appropriateness and necessity
of such a referral. This issue will be addressed further in
the following section, "A
Detailed Guide to Section 504Procedures".
A DETAILED
GUIDE TO SECTION 504 PROCEDURES
If it
has been determined that a student may fulfill the
eligibility criteria under Section 504, appropriate steps
will be taken by Van Dyke Schools staff to evaluate the
nature of the student's difficulties. Usually the procedure
is initiated by the student's classroom teacher(s), however,
other individuals (e.g., parent(s), guardian(s), the school
principal, school counselor, school psychologist, etc.) may
initiate the referral process.
The
following situations MAY
warrant a Section 504 referral:
 |
When parent(s)/guardian(s) frequently
expresses a concern about their child's performance.
|
 |
When a student shows a pattern of not
benefiting from teacher instruction.
|
 |
When a student returns to school after a
serious illness or injury. |
 |
When a student exhibits a chronic health
condition. |
 |
When a student has been identified as
having an attention deficit disorder, behavior disorder,
anxiety, depression, etc., which is affecting the
student’s learning. |
 |
When substance abuse is an issue.
|
It is important to note that this list is not
exhaustive. Any condition, or suspected condition, that is
affecting the student's
educational performance would warrant a referral for
a Section 504 evaluation.
REFERRAL
BY TEACHER OR OTHER(S)
If it is determined that a Section 504
referral should be made, the concerned person(s) must
contact designated school personnel and communicate the
student's problem. If the student’s problem significantly
affects his or her performance in school, the teacher must
then complete the Child
Study Team: Initial Plan Form. On this form, the
teacher specifies the student's identifying information,
attendance, academic difficulties, teacher-to-teacher
consultation, and interventions used to address the
student’s difficulties.
CHILD STUDY TEAM
INITIAL MEETING
After
completion of the “Child
Study Team: Initial Plan” form by the classroom
teacher, a meeting involving the referring teacher(s) and
consultant is scheduled for the purpose of discussing the
student's strengths and weaknesses. Consideration of the
child's learning style is given, and classroom interventions
are recommended.
After
a period of 30 school days, the student’s progress is
reviewed. If additional review is necessary, the
Initial Child Study Team Meeting
is scheduled.
At
the initial Child Study Team
Meeting, information-gathering forms must be
completed by the teacher(s) or sent to the parent(s) for
completion. Other specialized staff, such as the school
psychologist, school social worker, student assistance
specialist, or school counselor, may be present, depending
upon the nature and severity of the student's difficulties.
These other staff members may become involved at this point,
possibly by performing classroom observations, meeting with
the student on an informal basis, contacting the parents, or
providing general technical assistance such as assisting in
the interpretation of reports obtained from outside
agencies.
Student’s Needs
Being Met: Performance Monitored.
If it
is determined during the early phase of the Child Study
process that the student is performing consistent with age
and grade expectations and that no further review is
necessary, appropriate documentation is completed and the
student's performance is monitored. Monitoring procedures
may include:
1) periodic contact with the parent(s)/guardian(s);
2) continued documentation of any
re-occurring difficulties; or
3) charting of performance (this may
include informal assessment by the teacher or review of test
scores such as those of the MEAP, Iowa, etc.).
If it is determined during the
consultation process that the student is not performing
consistent with age and/or grade expectations, the teacher(s)
and the consultant develop an intervention plan to be
implemented by the teacher(s). This plan is documented
accordingly by the consultant. This is usually completed
during the initial consultation meeting.
At this stage of consultation, the goals
will be to determine the student's learning styles, identify
strengths and weaknesses, and develop an appropriate
intervention plan. After the intervention(s) have been in
effect within a specified period of time (approximately six
(6) weeks), the need for further consultation will be
addressed. If it is apparent that the student has responded
positively to the intervention(s), further consultation may
not be necessary.
If, however, it is apparent that the
student continues to experience difficulties despite the
intervention efforts of the teacher(s), a request is made by
the teacher for a Student Intervention Team meeting. This
request is directed to the principal, who schedules the
meeting and extends an invitation to the parent(s)/guardian(s).
The principal also determines which school
staff are to attend the meeting. This determination should
be based
on the nature of the student's difficulty. For example, if
the student's difficulties appear to be related to factors
such as cognition and/or perceptual skills, the school
psychologist may be requested to attend. If the student's
primary difficulties appear to lie within the emotional
realm of functioning, the school social worker or counselor
may be requested to attend the meeting. Other personnel may
be considered, such as the speech therapist or literacy
coach, depending upon the nature of the student's
difficulties.
CHILD STUDY TEAM FOLLOW-UP MEETING
The Child Study
Team Follow-Up Meeting is scheduled by the school
principal for the purpose of involving the parent(s)/guardian(s)
in the decision-making process. This meeting is convened to
inform the parent(s)/guardian(s) of their child's
difficulties and to gather relevant information such as
medical and developmental histories, their perception of
their child's academic strengths and weaknesses, what
stressors, if any, are presently occurring in their child's
life, etc. Other members of this meeting include the
classroom teacher(s), school principal, and invited
specialized staff.
Often, an important function of the Child
Study Team meeting is to obtain the parent(s)/guardian(s)
consent to receive confidential records. For example, if a
referral for a Section 504 evaluation is being considered
because the student has been diagnosed as having attention
deficit disorder, diabetes, etc., school staff will need to
secure relevant report(s) from outside agencies that have
made the medical diagnosis.
It is important that the Child Study Team
discriminate between those disabilities recognized under
IDEA and those recognized under Section 504. While some
students may be eligible under both Section 504 and IDEA
(e.g., a child who has been diagnosed as having attention
deficit disorder and a co-occurring specific learning
disability), the general procedure at the initial stage of
referral is to consider the
primary
area of difficulty for the
student. For example, if a child whose difficulties lie
primarily within the realms of attention and impulsive
behavior, and these difficulties appear to be adversely
affecting his/her academic performance, then a referral for
a Section 504 evaluation is appropriate. Conversely, if the
student's phonological awareness skills and basic sight-word
reading skills appear to be developmentally deficient, and
reading achievement appears to be the
primary
area of difficulty for the
student, then a referral to the special education department
is warranted. This determination may be guided with
assistance from specialized staff, such as the Teacher
Consultant or School Psychologist, who may be requested to
attend the Child Study Team meeting.
No Referral For An
Evaluation:
Additional Interventions Recommended And Performance
Monitored
If it is
determined during the Child Study Team meeting that a
referral for an evaluation is not warranted, appropriate
documentation is completed and the student’s performance is
monitored. Monitoring procedures may include 1) periodic
contact with the parent(s)/guardian(s); 2) continued
documentation of any re-occurring difficulties; or 3)
charting of performance (e.g., review of scores on group
standardized tests).
Referral
For A Section 504 Evaluation
If it is determined by the School Team
that a referral for a Section 504 evaluation is warranted,
the members of the team explain to the parent(s)/guardian(s)
the nature of this evaluation, and provide them with the
following forms:
1. Terms
as Defined by the Federal Government
form
2. Parent(s)/Guardian(s)/Student
Rights
form
3. Hearing
Rights
form
4. List
of Community Organizations
form
5. Other
forms as needed
Next, provide the parent(s)/guardian(s)
with the Parent Notification
form and have them complete it,
including placing signature(s) where indicated.
It is the position of the Van
Dyke Public School District that parent/guardian consent
must be obtained prior to conducting a Section 504
evaluation.
If the student’s parent(s)/guardian(s)
refuse to sign the Parent
Notification Form, no individualized testing
can be completed. In this case, school staff will utilize
other sources of information (e.g., group test scores,
teacher anecdotal records, reports from outside agencies,
etc.) for determining appropriate action. The parent(s)/guardian(s)
will then be referred to the appropriate source for further
action.
If reports from hospitals, private
physicians, or mental health clinics are needed to aid in
the school district’s determination of eligibility, a
Consent To Send/Receive
Confidential Records
form must be
completed by school staff and a signature on this form must
be requested from the parent(s)/guardian(s).
For detailed information about completing
the Section 504 evaluation, please refer to the section
entitled “Conducting the Section 504
Evaluation”.
Referral For an IDEA
(Individuals with Disabilities Education Act) Evaluation
If it is determined by the School Team
that a referral to the Special Services Department is
warranted, this decision is indicated on the
Student Intervention Team (S.I.T.)
Report
form. This form, and all other relevant material is then
forwarded to the director of special education for
appropriate action. This material includes, but is not
necessarily limited to
(1) Child
Study Team Initial Plan
and Follow-Up
forms;
(2) samples of the student’s work;
(3) Classroom Observation
forms;
(4) Behavior rating scales, if completed;
(5) Reports from outside agencies, if obtained;
(6) copies of standardized test scores, if available;
(7) History
of Ear and Hearing Problems form
CONDUCTING THE SECTION 504 EVALUATION
The initial Section 504 evaluation may
encompass the following:
 |
Review of developmental, medical, or
educational history |
 |
Formal and/or informal observations in at
least two settings |
 |
Behavior and/or academic rating scales |
 |
Charting of consistency of performance |
 |
Individualized assessment procedures if
appropriate |
The evaluation procedures to be followed
may include obtaining information regarding the student’s
classroom behavior, physical condition, social or cultural
background, adaptive behavior, achievement levels, or
aptitude. If individual testing is warranted, the following
applies:
 |
Tests and other evaluation materials
will be those 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; |
 |
Tests and evaluation materials will be
comprised of those tailored to assess specific areas of
educational need and not those which are designed to
provide a single general intelligence quotient; and, |
 |
Tests will be selected and administered
so as best to ensure that results accurately reflect the
student’s aptitude, achievement level, and whatever other
factor the test purports to measure. |
No final determination of whether the
student is a disabled individual within the meaning of
Section 504, or if the student will receive accommodations,
will be made by the School Team without informing the
parent(s) or guardian(s) of the student concerning such
determination. Procedural safeguards will be given to the
parent(s)/guardian(s).
The
School Team shall conduct a reevaluation of the student who
is determined to be handicapped under Section 504:
 |
Prior to any significant change in
placement, |
 |
More frequently if conditions warrant,
or |
 |
If the student’s parent(s)/guardian(s)
or teacher(s) reasonably request an evaluation. |
SECTION 504
ELIGIBILITY/ACCOMMODATIONS MEETING
After all evaluations have been
completed, the principal is notified of their completion
by the respective evaluators and an
“ELIGIBILITY/ACCOMMODATIONS” meeting is scheduled. An
invitation is extended from the principal to the parent(s)/guardian(s).
All individuals involved in the evaluation of the student
should be requested to attend this meeting. The primary
purpose of this meeting is to explain to the parent(s)/guardian(s)
the results of the evaluation and for the evaluators to
determine the student’s eligibility for accommodations
under Section 504.
Student
Not Eligible Under Section 504: Meeting With Parents.
Performance Monitored
If it is determined by the evaluators
that the student does not fulfill the criteria for
eligibility under Section 504, appropriate documentation
of the disposition is completed and the student’s
performance is monitored. Monitoring procedures may
include 1) periodic contact with the parent(s)/guardian(s);
2) continued documentation of any re-occurring
difficulties; or 3) charting of performance.
Student Eligible Under Section 504: Meeting
With Parents.
Accommodation Plan Written.
If the evaluators determine that the
student fulfills the eligibility criteria for accommodations
under Section 504, the specific accommodations are developed
and explained to the parent(s)/guardian(s) at the meeting.
These accommodations are to be developed
cooperatively with all involved individuals and are
implemented by regular education staff,
most notably the student's classroom teacher(s).
Accommodations under Section
504 may include, but are not limited to, the following:
 |
Changing the student's class schedule
|
 |
Developing a daily/weekly journal
|
 |
Changing the student's seating
arrangement |
 |
Reducing the number of homework or test
items |
 |
Allowing additional time to complete
assignments |
 |
Using an air purifier in the classroom
|
 |
Minimizing distractors
|
 |
Behavior contracting
|
 |
Rewards for appropriate behavior
|
 |
Notification of all relevant staff
regarding accommodations
to be implemented (e.g., food service staff may need to be
notified of a student’s restricted diet) |
After the appropriate accommodations have
been determined, the School Team, in cooperation with the
student's parent(s)/guardian(s), will complete the form
entitled Section 504
Accommodations Plan.
This form will be contained within the student's school file
and revised annually or as needed.
Also, this form should be distributed to all school staff
who will implement the accommodation plan. For example, for
a student who is allergic to certain types of food
ingredients and requires a restricted diet, an
Accommodations Plan
Form should be
completed and distributed to food service staff.
It is important to note that it is not the
intent of Section 504 to provide program(s) which are
fundamentally different from existing opportunities. With
this in mind, accommodations are expected to be appropriate
in form and may involve anything determined by the School
Team which is believed
to 1) accommodate for the student's disability; and, in
turn, 2) foster his or her academic performance.

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