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Section 504

Van Dyke Public Schools

General Description
Common Section 504 Disabilities
     1.  ADHD
  
2.  Oppositional Defiant Disorder
  
3.  Conduct Disorder
  
4.  Post Traumatic Stress Disorder
   5.  Asthma
  
6.  Diabetes
   7.  Obesity
  
8.  Depression
  
9.  Anxiety
 
10. Bipolar Disorder
 
Eligibility Determination Procedures
Van Dyke Section 504 Manual
Section 504 Forms

a.  Parent Notification Form
b.  Student History Form
c.  Consent to Send/Receive Confidential Records Form
d.  Student Behavior Questionnaire--teacher form
e.  Student Behavior Questionnaire--parent form
f.  Input From Other Caring Staff Form
g.  Evaluation Team Report Forms
h.  Student Intervention Team (S.I.T.) Form  
i.  Terms as defined by the Federal Government
j.  Parent(s)/Guardian(s)/Student Rights
k.  Hearing Rights
l.  Child Study Team Plan Forms
m. Accommodations Plan Form
n.  History of Ear and Hearing Problems Form
o.  Child Study Team Guide of Descriptors
p.  List of Community Organizations
 

Discipline and Section 504
Section 504 Manifestation Determination Review Form
Dr. Russell Barkley's ADHD Handout
Web Links

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:

bulletHas 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.
bulletHas 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).
bulletIs 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:

bullet

When parent(s)/guardian(s) frequently expresses a concern about their child's performance.

bullet

When a student shows a pattern of not benefiting from teacher  instruction.

bullet

When a student returns to school after a serious illness or injury.

bullet

When a student exhibits a chronic health condition.

bullet

When a student has been identified as having an attention deficit disorder, behavior disorder, anxiety, depression, etc., which is affecting the student’s learning.

bullet

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:

bullet

Review of developmental, medical, or educational history

bullet

Formal and/or informal observations in at least two settings

bullet

Behavior and/or academic rating scales

bullet

Charting of consistency of performance

bullet

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:

bullet

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;

bullet

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,

bullet

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:

bullet

Prior to any significant change in placement,

bullet

More frequently if conditions warrant, or

bullet

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:

bullet

Changing the student's class schedule

bullet

Developing a daily/weekly journal

bullet

Changing the student's seating arrangement

bullet

Reducing the number of homework or test items

bullet

Allowing additional time to complete assignments

bullet

Using an air purifier in the classroom

bullet

Minimizing distractors

bullet

Behavior contracting

bullet

Rewards for appropriate behavior

bullet

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.

Web Links

 
 
 
 

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Webmaster, Ginger Mahrle, Van Dyke Public Schools