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District Section 504 Section 504 of the Rehabilitation Act of 1973 Florida Department of Education Division of Public Schools Bureau of Exceptional Education and Student Services This document was developed by the Student Support Services Project, University of South Florida, a special project funded by the Florida Department of Education, Division Public Schools, Bureau of Exceptional Education and Student Services (BEESS), through federal assistance under the Individuals with Disabilities Education Act (IDEA), Part B and is available online at http://www.fldoe.org/ese . For more information on available resources, contact the BEESS Resource and Information Center (BRIC). BRIC website: http://www.doe.org/ese/clerhome.asp Bureau website: http://www.doe.org/ese/ bric@doe.org Telephone: (850) 245-0477 Fax: (850) 245-0987 Section 504 of the Rehabilitation Act of 1973 Florida Department of Education Division of Public Schools Bureau of Exceptional Education and Student Services District Section 504 Copyright State of Florida Department of State Authorization for reproduction is hereby granted to the state system of public education consistent with section 1006.03(2), Florida Statutes. No authorization is granted for distribution or reproduction outside of the state system of public education without prior approval in writing. Table of Contents Section 504 Acknowledgments .......................................................................................................................... Introduction ..................................................................................................................................... Background .................................................................................................................................................................... Federal and State Laws ............................................................................................................................................... An Important Note about the ADA Amendments Act of 2008 (ADAAA) Summary Table Laws and Regulations Discrimination Defined Section 504 Requirements and Procedures Within What Age Range Does a Disabled Student “Qualify”? Which Students Are “Disabled”? Prong One: Current Impairment ......................................................................................................................... The Physical or Mental Impairment Temporary Impairments Impairments that Are Episodic or in Remission Episodic Impairments Impairments in Remission Major Life Activities Major Bodily Functions Substantially Limits Mitigating Measures: Refocusing per ADAAA Some Final Thoughts on Prong One Prong Two: The Record of Impairment Prong Three: Regarded as Impaired ................................................................................................................... Legal Obligations ...................................................................................................................................................... Requirements for Programs and Services Obligations of the School District to Comply with Section 504 Operational Guidelines ................................................................................................................. Problem Solving and Response to Instruction/Intervention (PS/RtI) Referral ......................................................................................................................................................................... Evaluation .................................................................................................................................................................... District Guide for Implementation of Section 504 Table of Contents Section 504 Eligibility ....................................................................................................................................................................... Mitigating Measures Health Plans and Emergency Response Plans Impairments in Remission Steps Required When Making Eligibility Decisions Reevaluation The School District’s Responsibility under Section 504 for Students Who Transfer From Another District Developing and Implementing the Plan Section 504 Services & Accommodations Free Appropriate Public Education (FAPE) Least Restrictive Environment (LRE) .................................................................................................................. Nonacademic/Extracurricular Services Nonpublic School Placement by Parent Service Animal Guidelines ..................................................................................................................................... Related Services ......................................................................................................................................................... Procedural Safeguards .................................................................................................................. Provision of Notice .................................................................................................................................................... Review Procedure ...................................................................................................................................................... Due Process Standards to Handle Discrimination Grievances Section 504 Grievance Procedure Checklist Parental Protection ................................................................................................................................................... Discipline ........................................................................................................................................ Background ................................................................................................................................................................. Change in Placement ............................................................................................................................................... Suspension for More Than 10 Days ..................................................................................................................... Drug and Alcohol Offenses .................................................................................................................................... Weapons and Serious Bodily Injury Offenses Transportation ............................................................................................................................................................ Comparison Of Section 504 and IDEA Postsecondary Students and 504 ................................................................................................. Admission and Recruitment .................................................................................................................................. Table of Contents Section 504 Treatment of Students ............................................................................................................................................. Academic Adjustments ........................................................................................................................................... Housing ......................................................................................................................................................................... Financial Assistance .................................................................................................................................................. Nonacademic Services ............................................................................................................................................ Disability Services in a Postsecondary Situation Appendices .................................................................................................................................... Appendix A .................................................................................................................................... Regulations Implementing Section 504, PL 93-112, 34 CFR, Part 104 Regulations Implementing Title II of ADA, 28 CFR, Part 35 Florida Educational Equity Act, s. 1000.05, F.S. State Board of Education Administrative Rules Chapter 6A-19, F.A.C. 6A-19.001 Scope, Coverage and Definitions. 6A-19.002 Treatment of Students - General. 6A-19.003 Health Services. Office of Civil Rights, Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities Appendix B .................................................................................................................................... Accommodations for Students with Disabilities Academic Engaged Time ........................................................................................................................................ Classroom Accommodations for Students with Disabilities Accommodations for Taking Tests ....................................................................................................................... Appendix C .................................................................................................................................. Guidelines for School Districts on the Use of Service Animals by Students with Disabilities Sample Template Additional Resources Appendix D ................................................................................................................................. Glossary of Terms and Acronyms ....................................................................................................................... Appendix E: Sample Forms ........................................................................................................ Section 504 Child Find Notice, Form # 1 Section 504 Referral, Form # 2 ............................................................................................................................ Notice and Consent for Initial Section 504 Evaluation, Form # 3 District Guide for Implementation of Section 504 Table of Contents Section 504 Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973, Form # 4 and # 5 (English/Spanish versions) Teacher Input for Section 504 Evaluation, Form # 6 Parent Input for Section 504 Evaluation, Form # 7 Section 504 Evaluation and Periodic Re-evaluation, Form # 9 Notice of Section 504 Evaluation Results, Form # 10 Section 504 Student Accommodation Plan, Form # 11 Section 504 Annual Review, Form # 12 Acknowledgments Section 504 Acknowledgments The Florida Department of Education thanks the following work group members for their diligence, knowledge, and contributions toward the creation of this document. Representing the Florida Department of Education: Amy Albee, Program Specialist, Outreach and Access Jennifer Hykes, Program Specialist, Instructional Support Services, Bureau of Exceptional Education and Student Services (BEESS) Lindsey Granger, Program Specialist, Instructional Support Services, BEESS Representing the Student Support Services Project University of South Florida: Dave Richards, Attorney at Law Richards, Lindsay, & Martin L.L.P. Austin, TX District Guide for Implementation of Section 504 Introduction Section 504 Introduction Background District Guide for Implementation of Section 504 Introduction Section 504 Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute prohibiting discrimination on the basis of disability in any program or activity receiving federal nancial assistance. Section 504 guarantees the right to full participation and access to a free appropriate public education (FAPE). “No otherwise qualied individual with a disability in the United States, as dened in section 706(8), shall, solely by reason of her or his disability, be excluded from participation in, be denied the benets of, or be subjected to discrimination under any program or activity receiving Federal nancial assistance….” – 29 United States Code (U.S.C.) §794 As applied to schools, Section 504 broadly prohibits the denial of public education participation, or enjoyment of the benets oered by public school programs because of a student’s disability. The law recognizes that equal treatment and services may not be sucient to convey equal benet. For nondiscrimination to occur, the school must provide services that level the playing eld so that §504 eligible students have equal participation and opportunity for benet. The United States Department of Education (USDE), Oce for Civil Rights (OCR) provides compliance oversight for Section 504. (Public Law 93-112, amended as Public Law 93-516) Americans with Disabilities Act of 1990 The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and extends this prohibition to the full range of state and local government services, programs, or Introduction Section 504 Individuals with Disabilities Education Act The IDEA, formerly called the Education for All Handicapped Children Act of 1975 (Public Law 94-142), requires public schools to provide a free appropriate public education (i.e., specially designed instruction Florida Educational Equity Act The Florida Educational Equity Act (FEEA) mirrors many of the protections provided in Section 504 and ADA. FEEA prohibits discrimination against students and employees in the Florida K–20 Introduction Section 504 An Important Note about the ADA Amendments Act of 2008 (ADAAA) In January 2009, the provisions of the ADAAA went into effect. This legislation significantly changed Section 504 eligibility. The OCR has updated a Question and Answer (Q&A) document to address these changes. This document, Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities , is available in Appendix A or the OCR website at http://www.ed.gov/about/offices/list/ocr/504faq.html The revised Q&A was not intended as the final USDE guidance on these issues, as noted in its opening paragraph: “OCR is currently evaluating the impact of the Amendments Act on OCR’s Federal Laws State Law Section 504 ADA Current Law s. 1000.05, F.S. Legal Citations 29 U.S.C. Chapter 794 (Section 504) 42 U.S.C. Chapter 12131 20 U.S.C. Chapter 33, 1400 ed.seq. Regulations Imple menting the Law 34 CFR Part 104 28 CFR Part 35 34 CFR Part 300 & 301 (August Chapter 6A-19 F.A.C. Note: PL (Public Law), U.S.C. (United States Code), CFR (Code of Federal Regulation), F.S. (Florida Statutes), F.A.C. (Florida Administrative Code) Introduction Section 504 Discrimination Dened “No qualied person with a disability shall, on the basis of disability, be excluded from participation in, be denied the benets of, or otherwise be subjected to discrimination under any program or activity which receives federal nancial assistance” (34 CFR §104.4(a)). Discrimination under Section 504 (34 CFR §104.4(b)) is essentially the same as under the FEEA and occurs when an institution engages in any of the following practices: “Denying a qualied person with a disability the opportunity to participate in or benet from the aids, benets, or services that are aorded students without disabilities.” Denying credit to a student whose excused absenteeism is related to his/her disabling condition Expelling a student and denying access to services for behavior caused by his/her disability Refusing to dispense medication to a student who could not attend school otherwise “Providing the qualied person with a disability an opportunity to participate in or benet from the aids, benets, or services that are not equal to that aorded others.” Allowing a student with a physical disability to be enrolled only in science courses without science laboratory activities because the laboratory stations are not accessible “Providing aids, benets, or services to a qualied person with disabilities that are not as eective as those provided to persons without disabilities. (To be equally eective, an aid, benet, or service need not be identical or produce equal results; it merely must aord equal access to achieve equal results.)” Continuing to provide the same level of amplication to a student with a hearing impairment in a lecture hall as that provided for all students, despite the student having an accommodation plan requiring additional amplication District Guide for Implementation of Section 504 Introduction Section 504 “Providing dierent or separate aids, benets, or services to a qualied person with a disability unless such an action is necessary to provide aids, benets, or services that are equally eective as those provided others.” Requiring all students wearing leg braces to participate in modied physical education, regardless of mobility Requiring all students with hearing impairments to register for the same classes if Honoring a request to place only students without disabilities as work-study students with specic employers Awarding a grant to a business that discriminates against persons with disabilities “Denying qualied persons with disabilities the opportunity to participate as a member of a planning or advisory board because of their disabilities.” Excluding a student with seizure disorders from participating on the student council Excluding a deaf parent from participation on a school advisory committee due to his/her disability “Otherwise limiting a qualied person with a disability from the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.” Prohibiting a student with a disability from participating in a eld trip “Selecting the site or location of a facility that excludes persons with disabilities, denies them benets, or otherwise subjects them to discrimination.” Introduction Section 504 “Despite the existence of separate or dierent programs or activities, denying a qualied person with a disability the opportunity to participate in a program or activity that is not separate or dierent. It must be noted that providing unnecessarily separate or dierent services is discriminatory.” Requiring a student who is blind but otherwise qualied to participate in the performance choir to participate in a nonperformance choir due solely to the need for assistance to navigate the performance stage. District Guide for Implementation of Section 504 Requirements & Procedures Section 504 Section 504 Requirements and Procedures District Guide for Implementation of Section 504 Requirements & Procedures Section 504 The ADAAA did not change the actual language of the three prongs, but it did change how the various phrases used in the three prongs are understood. Congress provided as part of its rules of Act.” This statement should guide the 504 team’s evaluation of the potentially eligible student. The 504 team is dened as a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options (34 CFR §104.35(c)). Prong One: Current Impairment To be eligible under Prong One, the student must have a physical or mental impairment that substantially limits one or more major life activities. The Prong One language can be broken into Requirements & Procedures Section 504 Impairments that Are Episodic or in Remission substantially limit a major life activity when active.” Although the language covers two dierent Requirements & Procedures Section 504 Memphis (MI) Community Schools, 110 LRP Publications (LRP) 7395 (OCR, 2009). Oxnard (CA) Union High Sch. Dist., 55 Individuals with Disabilities Education Law Report (IDELR) 21 (OCR, 2009). Requirements & Procedures Section 504 Substantially Limits Section 504 does not provide an operational denition of “substantial limitation.” Instead, the District Guide for Implementation of Section 504 Requirements & Procedures Section 504 Some Final Thoughts on Prong One For students eligible under Prong One, part of the protection from discrimination may also in clude FAPE in the form of noninstructional and instructional accommodations and services. School scribed in the Developing & Implementing the Plan section on page 29. MYTH– Section 504 provides more than the IDEA in terms of coverage and protection in the educational environment REALITY Prong Two: The Record of Impairment Individuals with a record or history of a physical or mental impairment that substantially limits one or more of the individual’s major life activities are also protected from discrimination under Requirements & Procedures Section 504 MYTH– Every student who has ever been in special education is automatically eligible for 504 accommodations because the student has a “record of” a disability. District Guide for Implementation of Section 504 When a student is staed out of ESE, best practice would include notifying the Section 504 contact at the student’s school to ensure proper monitoring or other appropriate services that may be required. The student would receive nondiscrimination protection due to former IDEA eligibility. However, not all students staed out of ESE will be evaluated under Section 504 or entitled to Section 504 plans. Should the student be staed out due to lack of need for special education services, but still need services and/or accommodations due to disability, that student should be referred for Section 504 evaluation, and, if eligible, would receive a 504 plan. Students staed out of ESE, who the school suspects have no need for services, or are no longer substantially limited by their physical or mental impairment, would not need to be referred to Section 504. This decision is made on a case-by-case basis. REALITY Others might treat a person with HIV as if a physical impairment existed based simply on the medical condition. Unlike individuals with a current disability, students with a record of a disability or who are regarded as having a disability are not eligible for services and/or accommodations not aorded to the general population. However, such individuals are protected against discriminatory action based on the recorded or perceived disability and should be aorded any remedial or corrective aids and services they might need that are available to the general student population. Students described in Prongs Two and Three are protected from discrimination under Section 504, even though they are not individuals with a current substantiated disability under Section 504 for which accommodations may be necessary and therefore would not require an accommodation Legal Obligations Requirements for Programs and Services All programs, services, and activities of the FDOE, school districts, colleges, universities, and public and private schools that receive federal nancial assistance must comply with Section 504 Requirements & Procedures Section 504 Obligations of the School District to Comply with Section 504 School districts have a number of obligations under Section 504, including the following: Conduct appropriate child nd and initial evaluations Provide periodic reevaluations of students with disabilities Operational Guidelines Problem Solving and Response to Instruction/Intervention (PS/RtI) Schools have a responsibility to address the needs of struggling learners, pursuant to Florida Statutes and rules, the Elementary and Secondary Education Act (ESEA) of 2001, and IDEA 2004. Section 1008.25(4), F.S., requires that struggling students be provided with diagnostic assessments District Guide for Implementation of Section 504 Operational Guidelines Section 504 In a problem-solving model, the intensity of intervention support is matched to student need and student data-informed decisions. School problem-solving teams facilitate the identication of students who are struggling and who may require additional support beyond the general assistance provided to all students. The school-based problem-solving team (e.g., problem-solving team, school-based intervention team) coordinates the development and implementation of interventions for students needing additional support and is also responsible for monitoring the eectiveness of the interventions. When properly implemented, a problem-solving/response to intervention framework addresses the needs of all students and ensures that students with disabilities, including students who are 504 eligible, are identied and given appropriate support. There are circumstances where referral to the school-based problem-solving/intervention team would not be appropriate (i.e., when the student’s disability clearly requires special education and related services for the student to benet from education). Further, it would not be appropriate under the Florida RtI Model to require students with physical conditions (e.g., asthma) who are not demonstrating academic or behavioral diculties to go through interventions prior to considering eligibility. For more information on Problem Solving/Response to Instruction/Intervention in Florida, visit the Florida Department of Education RtI website at http://www.florida-rti.org/ or Florida’s Problem Solving/Response to Intervention Pilot Project website at http://www.floridarti.usf.edu/ Referral Anyone can make a referral for Section 504; however, parents or teachers typically make referrals. If a student is experiencing persistent academic or behavioral problems and there is no suspicion of disability, a referral should be made to the school-based problem-solving team where interventions to address the academic and/or behavioral concerns can be developed and implemented. Depending on a student’s response to interventions, modications to the intervention plan should be made. If the student fails to demonstrate sucient improvement with evidence-based interventions that are implemented with delity, the possibility of modications should be discussed and an evaluation (IDEA or Section 504 Evaluation team) initiated as appropriate. MYTH– The Problem Solving/RtI process is the “way” to ESE. REALITY PS/RtI is a process that facilitates the systematic identication and instructional/ intervention support for students needing additional assistance. The focus of this process is on identifying the practices and supports that result in positive student outcomes for all students. Although the end goal of PS/RtI is not eligibility and placement but improved student outcomes, PS/RtI helps identify students who may have a disability Operational Guidelines Section 504 Situations that may result in consideration of Section 504 eligibility include the following: When a parent or teacher initiates a request When a disability is suspected When a student exhibits a chronic health condition When a student exhibits persistent academic, learning, or behavioral problems and traditional behavior management approaches have been ineective When a student exhibits behaviors that result in suspension or expulsion and traditional behavior management approaches have been ineective When a student is evaluated but not eligible for a disability under IDEA (i.e., the student is REALITY District Guide for Implementation of Section 504 Operational Guidelines Section 504 Evaluation The Section 504 regulations require that the evaluation and eligibility decision be made by the Section 504 team. The regulatory duty to evaluate is as follows: A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section of any person who, because of handicap, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the person in regular or special education and any subsequent significant change in placement (34 CFR §104.35(a)). Even though 34 CFR §104.36 does not contain a requirement for obtaining parental consent for Operational Guidelines Section 504 District Guide for Implementation of Section 504 REALITY Operational Guidelines Section 504 Eligibility MYTH– As a general rule, Section 504 does not require that parents be a part of the Section 504 team or group of knowledgeable persons that is making decisions. However, most school districts have incorporated into their procedures the requirement to invite parents to Memphis (MI) Community Schools, 110 LRP 7395 (OCR, 2009). Oxnard (CA) Union High School Distr ict, 55 IDELR 21 (OCR, 2009). Put simply, a student does not have to demonstrate need for services to be Section 504 eligible. Consequently, students eligible under Prong One due to impairments in remission who have no current need for services would not receive a Section 504 accommodation plan. If the student developed a need for services from the impairment in remission, or if the impairment were to come out of remission and generate a need for services, the 504 team would create an appropriate plan for the eligible student. services if the medication removes the need for other accommodations and services. Students who are eligible under Prong One are not necessarily entitled to a Section 504 accommodation plan. Where no plan is needed (there is no disability need to be addressed or of the medication from the equation. Operational Guidelines Section 504 District Guide for Implementation of Section 504 Operational Guidelines Section 504 If the student has been educated in the school without the medication, the team can look North Royalton (OH) C ity School District, 52 IDELR 203 (OCR, 2009). Using these prongs is most often useful in the areas of employment and postsecondary education. It is rare for these prongs to be used in elementary and secondary student cases. They cannot be the basis upon which the requirement for FAPE is triggered. Logically, since the student is not, in fact, mentally or physically handicapped, there can be no need for special education or related aids and services. However, this historical approach is complicated by the ADAAA language, which transforms what are essentially students eligible under Prong Two (record of impairment) into Prong One students if they were substantially limited when the impairment was active. In traditional K–12 Section 504 thinking, that move from Prong Two eligibility to Prong One eligibility would also result in the provision of a Section 504 plan. Although the change in eligibility is clear from the ADAAA language, the logic of FAPE provided to students with need for services is compelling. OCR has not issued definitive guidance on this question. See, for example, questions 35 and 37, provided below, with conflicting answers from the revised OCR Q&A document provided in Appendix A. As a general rule, a student with an impairment in remission would not need current services (see the 1992 OCR position in the answer to Question 37 below); however, an exception is certainly possible (see the answer to Question 35 below) if, for example, services or accommodations are required due to ongoing treatment to prevent the impairment from OCR Senior Staff Memorandum, 19 IDELR 894 (OCR, 1992). Operational Guidelines Section 504 District Guide for Implementation of Section 504 Operational Guidelines Section 504 Steps Required When Making Eligibility Decisions MYTH– A reevaluation under Section 504 must be conducted every three years, just like under IDEA. REALITY A “reevaluation” need only be conducted “periodically” and as necessary under Section 504. OCR indicates that a 3-year interval reevaluation as specied under IDEA would satisfy the “periodic” requirement. In addition, formal testing may not be required as part of an “evaluation” or “reevaluation” under Section 504. The process of collecting data, reviewing eligibility, and reviewing a Section 504 plan constitutes an evaluation in and of itself. Reevaluation Periodic reevaluations must take place for students with disabilities. The district must establish procedures consistent with 34 CFR §104.35(d). A reevaluation procedure consistent with IDEA Operational Guidelines Section 504 District Guide for Implementation of Section 504 Developing the Plan Section 504 Developing and Implementing the Plan Section 504 Services & Accommodations District Guide for Implementation of Section 504 Developing the Plan Section 504 Accommodations for testing situations, both classroom and standardized assessments, such as the Florida Comprehensive Assessment Test (FCAT) or end of course assessments (EOC), must be addressed when developing the accommodation plan and the testing accommodation specied in the written plan. Accommodations used with standardized tests must be consistent with what is specied in the test administration manual. Students with only a Section 504 accommodation plan are not eligible for an FCAT waiver for the REALITY Tyler Independent School District (ISD), 56 IDELR 24 (OCR, 2010). Developing the Plan Section 504 Common Errors in the Development/Implementation of a Section 504 Plan Failing to match services and accommodations with student needs Failing to provide copies and an explanation of the Section 504 plan to everyone responsible for implementation Failing to conduct timely evaluations Writing vague plans Providing minimal or no monitoring of the implementation of the plan MYTH– Whenever we want special accommodations in standardized testing for a student, we need only make the student “504 eligible” and include testing accommodation. Section 504 plans are not to be written for the sole purpose of providing accommodations on standardized testing. Practice is clear that if the student does not need educational accommodations during the school day to address a disabling condition, then a Section District Guide for Implementation of Section 504 Developing the Plan Section 504 Free Appropriate Public Education (FAPE) Public elementary and secondary education programs must provide FAPE to each qualified person with a disability, regardless of the nature or severity of the person’s disability (34 CFR §104.33). For purposes of Section 504, the provision of an appropriate education can be the provision Nonpublic School Placement by Parent If the district has made available to a student a free appropriate public education that conforms to the requirements of Section 504 but the parent chooses to place the child elsewhere, the district is not responsible for any costs the parent incurs in placing the student elsewhere (34 CFR §104.33(c)(4)). A student with a recognized disability who is eligible for accommodations under Section 504 is eligible for the McKay Scholarship Program for Students with Disabilities. To participate district to provide services in private school to students with disabilities or to those being homeschooled. REALITY MYTH– When we have oered a Section 504 accommodation plan to the student but the parent decides to place the student in a private school, we must provide accommodations in the private school. Developing the Plan Section 504 District Guide for Implementation of Section 504 Developing the Plan Section 504 Related Services A student may receive related “aids and services” under Section 504 if such services are necessary to provide a free appropriate education. Under Section 504, FAPE includes any Frequently Asked Questions About Section 504 and the Education of Children with Disabilities available at http://www2.ed.gov/about/offices/list/ocr/504faq.html Procedural Safeguards Section 504 Procedural Safeguards Established procedural safeguards with respect to actions regarding the identification, evaluation, or educational placement of students with a disability shall include the following (34 CFR §104.36): Notice An opportunity for the parents or guardian to examine relevant records An impartial hearing with the opportunity for participation by the student’s parents or guardian and representation by counsel A review procedure The district procedures for 504 due process hearing govern the impartial hearing. Districts must annually: Identify and locate all children in the district’s jurisdiction who are eligible under Section 504 and are not receiving a public education (34 CFR §104.32(a)) Notify students with disabilities and their parents or guardians of the district’s responsibility under Section 504 (34 CFR §104.32(b)) Parents of eligible students may also present grievances to the district 504 coordinator/contact. Provision of Notice To be in compliance with Section 504’s notice provision, educational institutions must provide public notification of their policies of nondiscrimination, identify the person who coordinates compliance within the institution, and adopt grievance procedures. District Guide for Implementation of Section 504 Procedural Safeguards Section 504 REALITY The OCR has warned that no special coding should be used on report cards or transcripts to denote the receipt of Section 504 accommodations. However, markings or colors on student folders to identify Section 504-eligible students for sta are appropriate provided the condentiality requirements of the Family Educational Procedural Safeguards Section 504 Individuals disagreeing with the identification, evaluation, and/or accommodations have several options available under Section 504, including the following: Filing a complaint or grievance through the district’s discrimination complaint procedure (required under Section 504 and FEEA) Requesting a hearing before an impartial hearing ocer Filing a complaint with OCR Review Procedure Should the parent disagree with the identication, evaluation, or placement decision of a 504 team or the decision of a 504 hearing ocer, the parent may appeal to state or federal court. Parents may also le a complaint with the: Oce for Civil Rights U.S. Department of Education Atlanta Federal Center, Suite 19T70 REALITY MYTH– OCR investigates every complaint that it receives alleging disability discrimination by a school district. OCR revised its enforcement policy in or around 1994 such that it no longer investi gates every complaint it receives. Instead, it screens incoming complaints for, among other things, substantive merit. Procedural Safeguards Section 504 Due Process Standards to Handle Discrimination Grievances Section 504 regulations direct school districts to adopt grievance procedures that incorporate due process standards and provide “prompt and equitable resolution” of any complaints regarding pure discrimination. What precisely is required is up to the school district. Best practice is typically found to be the use of the district’s formal grievance procedure for other complaints of discrimination. With respect to such procedures, the OCR stated a compliant grievance procedure should include the following: Reasonable time frames The opportunity to present evidence Notication of the ndings An appeal process Section 504 Grievance Procedure Checklist School districts should have a written grievance procedure to address alleged complaints of discrimination under Section 504. Section 504 regulations require such a procedure if the district has at least 15 employees. This procedure can serve as a mechanism for resolving Section 504 complaints in lieu of the costly involvement of OCR, due process hearings, and courts. The pertinent Section 504 regulations only provide that the grievance procedures incorporate “appropriate due process standards” and be “prompt and equitable.” The following checklist provides operational criteria and best practices for an appropriate 504 grievance procedure. For best practice, there should be evidence that: The district has adopted an appropriate grievance procedure. The district shows that this procedure is generally available (e.g., in a parent handbook). The procedure extends to not only student education issues, but also any individual’s complaint relating to the other applicable aspects of Section 504, including nonacademic services, preschool and adult education programs, employment, and facilities (including communications). The district’s grievance procedure is separate from and not confused with other complaint- resolution mechanisms, such as a student’s right to an impartial due process hearing and any individual’s right to le an OCR complaint. The procedure has a minimum of two, preferably three, levels, typically starting with a relatively informal step and ending with a formal central oce (or in small districts, school board) appellate decision. The procedure includes expeditious and adequate investigation by the designated Section 504 coordinator. The procedure species time lines (e.g., ve working days) for prompt processing of complaints with a written reply to the grievant at each level. The grievance checklist is attributed to Perry Zirkel’s publication Section 504, the ADA, and the Schools. Hayward (CA) Unified School District, 23 IDELR 107 (OCR, 1995). Procedural Safeguards Section 504 Parental Protection Section 504 also protects parents who have a disability. For example, a district must provide an REALITY MYTH– Under Section 504 parents have the right to an independent educational evaluation (IEE) at public expense. Section 504 does not include a requirement granting parents the right to obtain an IEE at Discipline Section 504 Discipline This section oers guidance on the trends in disciplinary cases and complaint resolution pertaining to students with disabilities. It is a general guide for school personnel concerned with discipline issues and students with disabilities protected by Section 504 and the ADA. Due to the lack of explicit guidance from the OCR, the following compilation is a review of the literature and practices regarding trends in the discipline of students with disabilities. Note that the discipline of a student District Guide for Implementation of Section 504 REALITY Incorrect. The discipline rules regarding changes of placement, patterns of exclusion, Discipline Section 504 Change in Placement When the exclusion of a student with a disability is permanent, for an indenite period of time, or for more than 10 consecutive school days, OCR generally considers the exclusion to be a signicant change in placement. Additionally, a series of suspensions within a school year that exceeds 10 cumulative days may create a pattern of exclusions that OCR would consider to constitute a OCR Case 03-89-1158 (1989). OCR Case 04-90-1240 (1990). REALITY Students with Section 504 plans can be expelled, but care must be taken to not do so in Discipline Section 504 Finally, OCR found that, where individual education plan (IEP) services were not being provided, in-school suspension should be counted toward signicant change in placement. Individuals responsible for administration of discipline should be cognizant of developing patterns in disciplinary actions involving students with disabilities and ensuring that “placement” procedures are followed when required. Schools seeking to use the in-school suspension exception should become familiar with the following commentary from the U.S. Department of Education in the IDEA regulations of 2006. The commentary explains that three factors are critical should the school seek to use ISS and not count the days toward a pattern of exclusion. The commentary provides that: ...it has been the Department’s long-term policy that an in-school suspension would not be considered a part of the days of suspension addressed in §300.530 as long as the child is aorded the opportunity to continue to appropriately participate in the general curriculum, continue to receive the services specied on the child’s IEP, and continue to participate with nondisabled children to the extent they would have in their current placement. This continues to be our policy. A nal note: The exception appears focused on ISS placements made for a few days at a time. It should not be read as a mechanism to justify long-term ISS placement, even if the three OCR Case 04-93-1504 (1995). 71 Fed. Reg. 46,715 (2006). OCR memorandum “Questions and Answers on Disciplining S tudents with Disabilities”, Aprl 1995. District Guide for Implementation of Section 504 Discipline Section 504 Oce of Special Education Programs (OSEP) Memorandum 95-16. REALITY Just because a student has a disability aecting behavioral control does not mean that everything that the student does is directly caused by a disability. MYTH– Students with a disability aecting behavioral control can never be suspended or expelled. Discipline Section 504 Drug and Alcohol Oenses A student with alcoholism (which, for purposes of this question, is dened as a student who is addicted to the use of alcohol) may be eligible for protection and services under Section 504 on that basis. Nevertheless, that protection does not extend to immunity from sanctioning for use or possession of alcohol in violation of the district’s disciplinary code. For a student with a disability who is currently engaged in the illegal use of drugs or alcohol, a school district may take any disciplinary measure pertaining to the use or possession of illegal OCR Sta Memorandum, 19 EDELR 859 (OCR, 1992). District Guide for Implementation of Section 504 Discipline Section 504 Weapons and Serious Bodily Injury Oenses School personnel are authorized to take disciplinary action if the student carries or possesses a weapon or has inicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or LEA. The language in the ban concerning weapons remains as it has been since 1997. In the above two cases, students can be removed immediately for up to 45 school days without OCR Case 03-97-1006 (1997). Comparison of Section 504 & IDEA Section 504 &#x/Att;¬he; [/;&#xTop ;&#x]/BB;&#xox [;“ 6;Y 3;E 7; ];&#x/Typ; /P; gin; tio;&#xn 00;&#x/Att;¬he; [/;&#xTop ;&#x]/BB;&#xox [;“ 6;Y 3;E 7; ];&#x/Typ; /P; gin; tio;&#xn 00;District Guide for Implementation of Section 504 Comparison Of Section 504 and IDEA There are dierences among the federal laws that address individuals with disabilities. The following Comparison of Section 504 & IDEA Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Year of Initial Enactment Legal Citation 29 U.S.C. 794 34 CFR Part 104 Comparison of Section 504 & IDEA District Guide for Implementation of Section 504 Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Denition of a Disability Much broader than the IDEA since it contains no categorical listing of dis abling conditions. If a student is Comparison of Section 504 & IDEA Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Funding Does not provide additional funds. Provides federal funding for IDEA- eligible students with disabilities. Monitoring Agency A civil rights law that the USDE, OCR monitors and enforces. An education law that the U.S. Department of Education, Office of Special Education and Rehabili tative Services (OSERS) monitors. Consequences for Noncomplaince If an agency receives federal funding for any program, it must comply with the requirements of Section 504 or all federal funds may be jeopardized. If the receiving agency does not comply with the provisions of IDEA, these funds may be forfeited and/ or corrective actions taken. Program Access No qualied individual with a disability shall, because a recipient’s facilities are inaccessible or unusable by disabled individuals, be denied the benets of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity. Does not require recipients to make each of the existing facilities or every part of an existing facility accessible. The program may: (1) Redesign equipment (2) Reassign classes to accessible Comparison of Section 504 & IDEA District Guide for Implementation of Section 504 Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Notice Requires notice to the parent or guardian with respect to identication, evaluation, and/or placement. Written notice is not required, but is indicated by good professional practice. Requires notice only before a “signi­ cant change” in placement. Requires prior written notice to the parent or guardian with respect to identication, evaluation place­ ment, and/or FAPE. Delineates re­ quired components of written notice. Consent Requires consent for evaluation if ad­ ditional assessments are needed. Requires written, informed paren­ tal/guardian consent before con­ ducting an initial evaluation or reevaluation of the child and be­ fore providing special education and related services to a child with a disability. Responsibility to Provide a Free and Appropriate Public Education Requires the provision of a free and appropriate public education to eligible students covered under the law. Although a written plan is not speci­ ed, documentation of evaluation procedures and accommodation or service decisions is required. OCR does require a written plan to ensure FAPE. In addition, a written plan provides clarity and direction to individuals de­ livering services or making accommo- Requires the provision of a free and appropriate public education to eligible students covered under the law, including specially designed instruction and related services. Requires a written IEP with specic content and specied participants Comparison of Section 504 & IDEA Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Least restrictive environment The student shall be placed in the general educational environment un­ less the child’s education cannot be achieved satisfactorily even with the use of supplementary aids and ser­ vices. The placement of students with disabilities in special classes, sepa­ rate schools, or other removal from the general educational environ­ ment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be satis­ factorily achieved. In addition, the placement must provide special education, to the maximum extent appropriate to the needs of the student, with other students who are nondisabled, and be as close as possible to the student’s home. Members of decision-making team Group of individuals knowledgeable about the student, evaluation results, and placement options. team is specied in IDEA. Teams frequently consist of: parent, evalu­ ator, general education teacher, representative of LEA, special edu­ cation teacher, others as invited. Evaluation Evaluation draws on information from Comparison of Section 504 & IDEA District Guide for Implementation of Section 504 Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Eligibility Procedures provision of special education and related services. Placement deci­ sion based on IEP. Ensure that the student is educated with his/her nondisabled peers to the maximum extent appropriate in the LRE. Comparison of Section 504 & IDEA Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Reevaluation Requires periodic reevaluations. A triennial schedule for reevaluation will suce. Reevaluation is required before a signicant change in placement. No provision for independent evalu­ ations at district expense. District should consider any evaluations presented. Reevaluation does not require a comprehensive evaluation. The reeval­ uation may be a review of current data on student progress. The 504 team district. Informed parental consent is required for administration of a formal assessment through the reevaluation process, unless school district can show parent did not respond to attempts made. Drug and Alcohol Use Schools may take disciplinary action pertaining to use or possession of illegal drugs or alcohol against any student to the same extent such disciplinary action is taken against students who are not disabled. No due process procedures are required for students currently engaged in the of drugs or alcohol. Civil rights protections under Section 504 apply. Protection Comparison of Section 504 & IDEA District Guide for Implementation of Section 504 Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act District should review all pertinent data regarding the child prior to any disciplinary removal for more than 10 days. Is the behavior caused by the student’s disability? If “yes,” the child may not be removed for more than 10 consecutive school days unless the behavior is drug/alcohol related. If de­ termined behavior was not a manifes­ tation of a disability, the student may be disciplined the same way a student without a disability is disciplined. Any disciplinary removal of more than 10 consecutive days is a sig­ nicant change of placement triggering the procedural safe­ guards of IDEA, including the right to remain in the current educa­ tional placement pending appeal. Cumulative removals of more than 10 school days within the school year may be considered a change of placement and thus trigger the procedural safeguards under IDEA. FAPE cannot be terminated as a dis­ ciplinary measure. Due Process Requires districts to provide impartial hearings for parents or guardians who disagree with the identication, evalu­ ation, or placement of a student. Requires that the parent have an opportunity to participate and be Comparison of Section 504 & IDEA Section 504 Comparison Table: Section 504 & IDEA Section 504 of the Rehabilitation Act Compliance/ Enforcement Enforced by the OCR, USDE. State Department of Education has no monitoring, complaint resolution, or funding involvement. Noncompliance may result in loss of all federal funds. Oversight and monitoring by the Oce of Special Education Pro­ grams (OSEP). The FDOE and the USDE Oce of Special Education Programs moni­ tor compliance. The FDOE investigates complaints, monitors compliance, conducts state-sponsored mediation, and tracks due process hearings. Non­ compliance may result in loss of IDEA funds and state aid and/or im­ plementation of corrective action. Postsecondary Students & 504 Section 504 Postsecondary Students and 504 Section 504 of the Rehabilitation Act of 1973 as amended prohibits discrimination on the basis of disability. This law states that no qualied individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benets of the services, programs, or activities of a public entity or be subjected to discrimination under any program or activity that receives or benets from federal nancial assistance. The ADA extends these protections to all state and District Guide for Implementation of Section 504 Postsecondary Students & 504 Section 504 Treatment of Students No qualied individuals with disabilities shall be excluded on the basis of disability from participation in, be denied the benets of, or otherwise be subjected to discrimination under any postsecondary education program or activity (34 CFR §104.43(a)). A recipient institution cannot exclude qualied students with disabilities from any course, course of study, or other part of its education program or activity on the basis of disability Recipient postsecondary institutions are required to operate their programs and activities Postsecondary Students & 504 Section 504 Nonacademic Services Recipient institutions will observe the established nondiscrimination standards for physical Postsecondary students are now responsible for self-identifying and requesting accommodations/services as needed. forms). Students must self-identify and discuss their special needs with appropriate sta to receive services. Post-secondary students are now accommodated as “adults.” This means that the students must have been assessed as an adult, using adult standards. Many of the laws (such as ADA and 504) covering disability services in high school are the same in postsecondary (although the regulations require more self-advocay and action by the post-secondary student). A primary dierence is the handling of the Family Education Rights and Privacy Act of 1974 (FERPA, also known as the Buckley Amendment). Within the postsecondary situation, students have the right to know about the purposes, content, and location of information kept as part of their education records. They have the right to gain access to and, in some cases, challenge the content of their records. Students also have a right to expect that information in their educational records will be kept condential or disclosed only with their permission or under provisions of the law. Parents have the right to expect condentiality of certain information about them in student records and, under certain conditions, to gain access to information in student educational records. The above treatment of student records is one of the hardest adjustments for both students in postsecondary education and their parents. Disability services oce sta expect students to take on the role of being a self-advocate for his or her rights. Many students have depended on their parents in the past for this role. Parents can still be involved; however, the postsecondary institution will require written permission and release District Guide for Implementation of Section 504 Postsecondary Students & 504 Section 504 forms to be signed to share information with the parent because, due to FERPA and State law, the students are the owners of their records. The exception to that may be for students who are still claimed as dependents under their parents’ income tax ling. However, colleges are not required to release information to parents even if the student is claimed as a dependent. Students should make contact with the disability services providers at the postsecondary institution as soon as possible. They should do so prior to enrollment to assure accommodation. If students are applying to more than one institution, make sure that they contact all oces involved. There may be dierent documentation requirements. Accommodations in college may be dierent than the accommodations received in K–12. For instance, postsecondary institutions are not required to provide personal accommodations. If there are questions, students should always approach the disability service provider oce for further explanation. Appendices Section 504 Appendices Appendix A: Regulations Implementing Section 504, PL 93-112, 34 CFR, Part 104 Regulations Implementing Title II of ADA, 28 CFR, Part 35 Florida Educational Equity Act (s. 228.2001, F.S.) State Board of Education Rules (Chapter 6A-19, F.A.C.) Oce of Civil Rights, Frequently Asked Questions about Section 504 and the Education of Children with Disabilities Appendix B: Accommodations for Students with Disabilities Appendix C: Guidelines for School Districts on the Use of Service Animals by Students with Disabilities Appendix D: Glossary of Terms and Acronyms Appendix E: Sample Forms Section 504 Child Find Notice, Form # 1 Section 504 Referral, Form # 2 Notice and Consent for Initial Section 504 Evaluation, Form # 3 Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973, Form # 4 and # 5 (English/Spanish versions) Teacher Input for Section 504 Evaluation, Form # 6 Parent Input for Section 504 Evaluation, Form # 7 District Guide for Implementation of Section 504 Appendices Section 504 Appendix A Access to the following documents may be obtained via the links below. USDE Regulations Regulations Implementing Section 504, PL 93-112, 34 CFR, Part 104 Regulations Implementing Title II of ADA, 28 CFR, Part 35 http://www2.ed.gov/policy/rights/reg/ocr/index.html#Notice Florida Statute Florida Educational Equity Act, s. 1000.05, F.S. http://www.senate.gov/Laws/Statutes/2010/1000.05 The documents below are provided on pages 65-87. State Board of Education Administrative Rules Chapter 6A-19, F.A.C. 6A-19.001 Scope, Coverage and Denitions 6A-19.002 Treatment of Students - General 6A-19.003 Health Services Oce of Civil Rights, Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities Introduction Interrelationship of IDEA and Section 504 Students Protected under Section 504 Evaluation Placement Procedural Safeguards Terminology Refer to the following link for the most current version of this document: http://www.ed.gov/about/offices/list/ocr/504faq.html District Guide for Implementation of Section 504 Appendices Section 504 State Board of Education Administrative Rules Chapter 6A-19, F.A.C. 6A-19.001 Scope, Coverage and Denitions. Chapter 6A-19, F.A.C., implements Section 1000.05, Florida Statutes, which prohibits discrimination on the basis of race, sex, national origin, marital status or handicap against a student or employee in the state system of public education, as dened in Section 1000.05(1), Florida Statutes. The following denitions shall apply: District Guide for Implementation of Section 504 Appendices Section 504 or employment that adversely aects a student, employee, applicant for admission, applicant for employment, a group of students or a group of employees on the basis of potential or actual marital status, or on the basis of head of household or principal wage earner status; however, reasonable practices prohibiting nepotism shall not constitute marital status discrimination; 8. The application of any policy or procedure, or taking of any admission or employment action, that adversely aects a student, employee, applicant for admission, applicant for employment, a group of students, or a group of employees based on ancestry or place of birth or of cultural, or linguistic characteristics of a national origin group; 9. The application of any policy or procedure, or taking of an admission action, that adversely aects a student, or applicant for admission, belonging to a national origin minority group, unnecessarily based on limited-English-language skills; 10. The application of any policy or procedure, or taking of any admission or employment action, that adversely aects a student, employee, applicant for admission, applicant for employment, a Appendices Section 504 emotional or mental illness, and specic learning disabilities. (b) Major life activities. Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (c) Has a record of such an impairment. Has a history of, or has been incorrectly classied as having, a mental or physical impairment that substantially limits one or more major life activities. (d) Is regarded as having an impairment. 1. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by an institution as constituting such a limitation; 2. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others and, therefore, is treated by an institution as having such an impairment. (7) Institution. An individual school, as dened in Section 1000.05(4), Florida Statutes, or the school district, as the context may require; a community college; a university or any other state-supported entity primarily of an educational nature, e.g., the Florida School for the Deaf and the Blind. Appendices Section 504 (b) Black, Not of Hispanic Origin – All persons having origins in any of the Black racial groups of Africa. (c) Hispanic – All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. (d) Asian or Pacic Islander – All persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacic Islands. (e) American Indian or Alaska Native – All persons having origins in any of the original peoples of North America, and who maintain cultural identication through tribal aliation or community recognition. (12) Reasonable Accommodation. Changes in the work environment which allow a qualied handicapped employee to perform the essential tasks of the job if making those changes does not impose an undue hardship on the operation of the institution. Reasonable accommodation may include: making facilities used by employees readily accessible to and usable by handicapped persons, job structuring, part-time or modied work schedules, acquisition or modication Appendices Section 504 6A-19.002 Treatment of Students - General. All guidance, counseling, nancial assistance, academic, career and vocational programs, services and activities oered by each institution shall be oered without regard to race, sex, national origin, Appendices Section 504 (g) Promotional eorts, including activities of school ocials, counselors, instructional sta, school- related parent groups, school-related community or business groups, shall not be conducted in a manner that states or implies that the institution restricts access to its programs, activities or services on the basis of race, sex, national origin, marital status or handicap. Promotional eorts include, but are not limited to, career awareness activities, open houses, parent programs, shop and laboratory demonstrations, student visitations and summer camps. (h) Promotional or counseling materials and activities shall not state or imply, through text or illustration, that access to those programs, services or activities is restricted on the basis of race, sex, national origin, marital status or handicap. (i) Student recruitment activities shall be conducted so as not to exclude or limit opportunities on the basis of race, sex, national origin, marital status or handicap. (2) Admission to Courses, Programs and Activities. Institutions shall not base admission decisions on race, sex, national origin, marital status or handicap. Special selection criteria for admission within the institution for participation in programs or courses shall be related to program standards or requirements. If it has been empirically demonstrated that a selection criterion which has an adverse impact is predictive of success during the program, course or activity, and that there has been a reasonable search for equally valid criteria which do not have a disproportionate adverse impact, or if the criterion is required by law, then the criterion shall not be considered discriminatory. Selection criteria for admission, which are in use on the eective date of this rule, shall not be considered discriminatory if demonstrated to be predictive of success within one year from the eective date of this rule. (a) Race or National Origin. No person, on the basis of race or national origin, shall be excluded from participation in, denied benets of, or subjected to discrimination in any course, program, service or activity operated under the authority or direction of an institution within the state system of public education. 1. Institutions shall not unnecessarily restrict admission to vocational, career or academic programs solely because the applicant, as a member of a national origin minority with limited-English- language skills, cannot participate in and benet from instruction to the same extent as a student whose primary language is English, except as provided in subsection 6A-19.002(2), F.A.C. 2. If there is a concentration of national origin minority students with limited-English-language skills, Appendices Section 504 1. Preference shall not be given to one person over another on the basis of sex by establishing numerical limitations of the number or proportion of persons of either sex. Exempt from this provision are membership practices of YMCA, YWCA, YMHA, YWHA, Girl Scouts, Boy Scouts, Camp Fire Girls, social fraternities and social sororities at institutions of higher education, and the membership practices of voluntary youth service organizations whose membership has traditionally been limited to persons of one sex and principally to persons of less than 19 years of age. 2. Students shall not receive dierent treatment based on their parental, family or marital status. Students shall not be excluded from any course, program, service or activity because of pregnancy, parental, family or marital status. 3. Participation in any separate program of instruction for pregnant students shall be voluntary on the part of the student. Any such separate program of instruction provided to pregnant students shall be comparable to the regular program of instruction and in no way limit the student’s academic, career, vocational or extracurricular options. 4. Pregnancy and childbirth shall be treated in the same manner as temporary disabilities with Appendices Section 504 3. In administering admissions policies, each institution shall assure that admissions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a handicap that impairs sensory, manual or speaking skills, the test results accurately reect the applicant’s aptitude or achievement level or whatever other factor the test purports to measure, rather than reecting the applicant’s impaired sensory, manual or speaking skills, except where those skills are the factors that the test purports to measure. Admissions tests that are designed for persons with impaired sensory, manual or speaking skills shall be oered as often, and in as timely a manner, as are other admissions tests. Admissions tests shall be administered in facilities that, on the whole, are accessible to handicapped persons. 4. Institutions shall make such modications to its academic requirements as are necessary to ensure that they do not discriminate or have the eect of discriminating, on the basis of handicap, against a qualied handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the program of instruction being pursued by the student, or to any directly related licensing requirement, will not be regarded as discriminatory. Modications Appendices Section 504 9. An institution that oers physical education or that operates or sponsors interscholastic activities, Appendices Section 504 6A-19.003 Health Services. When health services or other related services are provided for students, the services shall be provided in a manner which does not discriminate on the basis of race, sex, national origin, marital status or handicap. Institutions are not required to provide specialized services and aids to handicapped persons in health programs. If, for example, an inrmary treats only simple disorders such as cuts, bruises and colds, its obligation to handicapped persons is to treat such disorders for them. (1) If health services are provided for students, handicapped students shall be provided the oppor tunity to participate in the services at no greater cost than to nonhandicapped. (2) If comprehensive health care services are provided, said services shall be available for maternity or pregnancy related reasons and for handicapped students in the same manner and at the same cost as for other students. (3) Handicapped students who receive health or other related services need not receive those general health screenings which would be duplicative or less intensive than screenings or evaluations they have already received in the development of their educational plans. Specic Authority 1000.05, 1001.02(1) FS. Law Implemented 1000.05(2), 1001.02(1), 1004.65(6)(c) FS. History–New 3-11-85, Formerly 6A-19.03. Appendices Section 504 Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities This document is a revised version of a document originally developed by the Chicago Oce of the Oce for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), eective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that aects students. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal nancial assistance from the U.S. Department of Education (ED). Section 504 provides: “No otherwise qualied individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benets of, or be subjected to discrimination under any program or activity receiving Federal nancial assistance . . . .” OCR enforces Section 504 in programs and activities that receive Federal nancial assistance from ED. Recipients of this Federal nancial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104. The Section 504 regulations require a school district to provide a “free appropriate public education” (FAPE) to each qualied student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of Appendices Section 504 This resource document claries pertinent requirements of Section 504. For additional information, please contact the Oce for Civil Rights. Interrelationship of IDEA And Section 504 What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities? OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public Appendices Section 504 What services are available for students with disabilities under Section 504? Section 504 requires recipients to provide to students with disabilities appropriate educational Does OCR examine individual placement or other educational decisions for students with Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable. OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services. Does OCR mediate complaints? OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as “Early Complaint Resolution,” to resolve a complaint filed under Section 504. What are the appeal rights with OCR? OCR is committed to the high quality resolution of every case. OCR affords the complainant an Appendices Section 504 finding(s). The complainant must explain why he or she believes the factual information was What does noncompliance with Section 504 mean? A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations. What sanctions can OCR impose on a school district that is out of compliance? OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings. Who has ultimate authority to enforce Section 504? In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department’s administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit. Students Protected under Section 504 Section 504 covers qualied students with disabilities who attend schools receiving Federal nancial What is a physical or mental impairment that substantially limits a major life activity? Appendices Section 504 Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 Does the meaning of the phrase “qualified student with a disability” differ on the basis of a student’s educational level, i.e., elementary and secondary versus postsecondary? Yes. At the elementary and secondary educational level, a “qualified student with a disability” is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). At the postsecondary educational level, a qualified student with a disability is a student Does the nature of services to which a student is entitled under Section 504 differ by educational level? Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular Appendices Section 504 Once a student is identified as eligible for services under Section 504, is that student always entitled to such services? Yes, as long as the student remains eligible. The protections of Section 504 extend only to Are current illegal users of drugs excluded from protection under Section 504? Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs). Are current users of alcohol excluded from protection under Section 504? No. Section 504’s definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities. Evaluation What is an appropriate evaluation under Section 504? Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student’s aptitude or achievement or other factor being measured rather than reflect the student’s disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel. Appendices Section 504 How much is enough information to document that a student has a disability? At the elementary and secondary education level, the amount of information required is related to the student’s learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA? School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35. Appendices Section 504 Does OCR endorse a single formula or scale that measures substantial limitation? Are there any impairments which automatically mean that a student has a disability under Section 504? No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE? No. A physician’s medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504? No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student’s ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student’s ability to learn or other major life activity, or only results in some minor limitation in that regard. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight? The results of an outside independent evaluation may be one of many sources to consider. Multi- Appendices Section 504 What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation? A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents’ denial of consent. Who in the evaluation process makes the ultimate decision regarding a student’s eligibility for services under Section 504? The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified? Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child’s parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise). Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement. What is reasonable justification for referring a student for evaluation for services under Section 504? School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services. Appendices Section 504 A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student’s parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services? The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504? How should a recipient school district view a temporary impairment? A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an Is an impairment that is episodic or in remission a disability under Section 504? Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504. Placement Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504? No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 Appendices Section 504 Must a school district develop a Section 504 plan for a student who either “has a record of disability” or is “regarded as disabled”? No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a “record of” or is “regarded as” disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the What is the receiving school district’s responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district? If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers’ treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504. Appendices Section 504 employ teams at individual schools, commonly referred to as “building teams.” These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of Must a recipient school district obtain parental consent prior to conducting an initial evaluation? evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents’ denial of consent for an initial evaluation. If so, in what form is consent required? Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation. What can a recipient school district do if a parent withholds consent for a student to secure What procedural safeguards are required under Section 504? Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student’s parents or guardian, representation by counsel and a review procedure. Appendices Section 504 What is a recipient school district’s responsibility under Section 504 to provide information to parents and students about its evaluation and placement process? Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents’ right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing. Is there a mediation requirement under Section 504? No. Terminology The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context. Equal access: equal opportunity of a qualied person with a disability to participate in or benet from educational aid, benets, or services Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and Appendices Section 504 District Guide for Implementation of Section 504 Appendix B Accommodations for Students with Disabilities This section deals with broad ideas and basic accommodations that have been proven eective in Appendices Section 504 Assignments and Homework Content length and time requirement is appropriate Required skill level is appropriate Explain assignment and answer all questions Model assignment if appropriate Check for understanding Motivation Appendices Section 504 Academic Engaged Time Teachers can increase academic engaged time in three general ways: (1) increase the proportion of allocated time that is actually used for instruction; (2) work to increase on-task or engaged time among students; and (3) enhance the productivity of learning time by matching instruction to individual needs and monitoring performance. Increased Instructional Time Establish contingencies for attendance and punctuality Minimize interruptions Facilitate smooth transitions Maintain a strong academic focus Increase Engaged Time Clarify instructions and performance expectations Maintain an interactive teaching style Adopt seating arrangements to encourage attending Increase Productive Learning Time Use seatwork eectively Provide immediate, corrective feedback Diagnose, prescribe, and monitor performance accurately District Guide for Implementation of Section 504 Appendices Section 504 Classroom Accommodations for Students with Disabilities For students with disabilities to be successful in school, it may be necessary for teachers to modify the classroom environment or their teaching technique or make other accommodations. When You Observe This Behavior Try This Accommodation Diculty following a plan (has high aspirations but lacks follow- Appendices District Guide for Implementation of Section 504 Section 504 When You Observe This Behavior Try This Accommodation Diculty prioritizing from most to least important Prioritize assignments and activities. Provide a model to help the student. Post the model and refer to it often. Diculty sustaining eort and accuracy over time Reduce assignment length and strive for quality (rather than quantity). Increase the frequency of positive reinforcements. Catch Appendices Section 504 When You Observe This Behavior Try This Accommodation Confusion from written material (diculty with main idea from a paragraph, attributes greater Appendices District Guide for Implementation of Section 504 Section 504 When You Observe This Behavior Try This Accommodation Apparent inattention, daydreaming, or under activity Appendices Section 504 When You Observe This Behavior Try This Accommodation Agitation under pressure and Appendices Section 504 When You Observe This Behavior Try This Accommodation Provide the student with a denite purpose during Diculty with unstructured time unstructured activities (e.g., The purpose of going to the (recess, hallway, lunchroom, media center is to check out a book.). locker room, media center, Encourage group games and participation; organize school clubs and activities. Appendices Section 504 Accommodations for Taking Tests In general, students with disabilities should be provided the same types of accommodations for both assignments and assessments. Accommodations used with standardized tests such as the FCAT must be consistent with what is specied in the test manual. Four basic kinds of changes can be made to classroom tests and standardized tests. Testing Accommodation Possibilities Changing the presentation format Read the test items to the student, unless the assessment is a test of reading skills. Appendices District Guide for Implementation of Section 504 Section 504 Testing Accommodation Possibilities Change the test procedures Give extra examples for practice. Appendices Section 504 Appendix C Guidelines for School Districts on the Use of Service Animals by Students with Disabilities Title II of the Americans with Disabilities Act (ADA) and its associated regulations require government entities, including public schools, to make reasonable modications to programs and services in order to allow access for persons with disabilities. Service animals are recognized as reasonable modications or accommodations under Title II of the ADA. Appendices Section 504 Sample Template General Statement (Sample language below) A student’s service animal is personal property and cannot be brought onto school property without prior knowledge and approval by the school and/or district administration. The student’s need for and use of the service animal must be documented in the student’s individual educational plan (IEP) or Section 504 plan. Common terms Service Animal (Sample language below) Section 413.08, Florida Statutes (F.S.), denes a service animal as “an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting Appendices Section 504 Task (Sample language below) The term “task” generally refers to a minor job, chore, or piece of work. It may include guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and Service Animal Standards of Behavior Provide a clear description of the required standards of behavior for the service animal. The sample language below has been adapted from Assistance Dogs International, Inc., Training Standards. The service animal must not in any way interfere with the educational process of any student Is clean, well groomed, and does not have an oensive odor Does not urinate or defecate in inappropriate locations Behavior – The animal Does not solicit attention, visit, or annoy any member of the general public Does not disrupt the normal course of business Does not vocalize unnecessarily (i.e., barking, growling, or whining) Shows no aggression toward people or other animals Does not solicit or steal food or other items from the general public Training – The animal Is specically trained to perform more than one task to mitigate aspects of the client’s disability Is able to perform its tasks in public Is trained to urinate and defecate on command Stays within 24” of its handler at all times unless the nature of a trained task requires it to be working at a greater distance District Guide for Implementation of Section 504 Appendices Section 504 IV. Required Accommodation Documentation Current IEP or Section 504 plan Procedures Provide a description of the procedure for requesting approval for a student to use a service Providing for the appeal of any decision regarding the use of the service animal Transportation of the Service Animal Appendices Section 504 Cessation of Transportation Situations that would cause cessation of transportation of the service animal include: The service animal urinates or defecates on the bus. The service animal does not remain in the designated area. If transportation is suspended due to any of the above reasons, transportation may be reinstated after additional training or medical issues are resolved. Parents should be informed of these consequences prior to the rst day of transportation. Although transportation may be suspended for the service animal, the school district maintains the responsibility of transporting the student. Implementation Plan (Suggested) Upon approval, the school will work with the animal’s owner/handler to: Familiarize the service animal with the campus prior to the actual start date Orient the service animal to school faculty and students Establish an educational program to educate others on proper behavior around a service animal Establish a place for the service animal to urinate/defecate Establish an evacuation plan to include the service animal and practice this plan Additional Considerations (Suggested) The school and/or district should include the following in an implementation plan: Establish a resting place for the animal. Establish a rest time for the animal. Gym, lunch, and recess may be especially dicult school periods for a service animal to successfully endure. Implement a schoolwide educational program to educate others on how to behave appropriately around the service animal. Identify an alternate accommodation/plan in the event the animal’s primary handler (if not the student) or the animal is not able to accompany the student with a disability to school. Provide parents with the school district’s written procedures for the inclusion of service animals in the school. District Guide for Implementation of Section 504 Appendices Section 504 Exception (Suggested) A service animal is the personal property of the student. The district school board does not assume responsibility for training, daily care, or healthcare of service animals. Additional Resources: Guide Dog Foundation for the Blind http://www.guidedog.org Assistance Dogs International, Inc. http://www.assistancedogsinternational.org Americans with Disabilities Act http://www.ADA.gov/ U.S. Department of Education, Oce for Civil Rights http://www2.ed.gov/about/oces/list/ocr/504faq.html Appendices Section 504 Appendix D Glossary of Terms and Acronyms Accessible : Any site, building, or portion thereof that is approachable, functional and can be used by people with disabilities independently, safely, and with dignity is accessible. ADA : Americans with Disabilities Act. For an explanation, see the Introduction on page 1. ADAAA: ADA Amendments Act of 2008. Amendments to the ADA, which also amended the Rehabilitation Act, were signed into law September 25, 2008, and became eective January 1, 2009. Auxiliary aids : Devices or services that compensate for a disabling condition. Bureau of Exceptional Education and Student Services, FDOE. BIP: behavior intervention plan for a student that uses positive behavior interventions, supports, and other strategies to address challenging behaviors and enables the student to learn socially ap Appendices Section 504 F.A.C. : Florida Administrative Code. FAPE : Free Appropriate Public Education. Special education or specially designed instruction and related services for students ages three through 21. FBA : Functional behavioral assessment is a systematic process for dening a student’s specic Appendices Section 504 devices; hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modications. Nondiscrimination : Section 504 mandates nondiscrimination. No otherwise qualied individual with a disability can, solely by reason of his or her disability, be subjected to discrimination. : Oce for Civil Rights. The oce within the United States Department of Education responsible for monitoring Section 504. : Oce of Special Education Programs. Office of Special Education and Rehabilitative Services. : Public Law. PS/RtI: Problem Solving/Response to Intervention. The practice of providing high quality instruc tion and intervention matched to student needs and using the student’s learning rate over time and level of performance to make instructional decisions. PS/RtI a multi-tiered system of support that &#x/MCI; 0 ;&#x/MCI; 0 ;Appendices District Guide for Implementation of Section Section Appendix E: Sample Forms Section 504 Child Find Notice, Form # Section 504 Referral, Form # Notice and Consent for Initial Section 504 Evaluation, Form # Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973, Form # 4 and # 5 (English/Spanish versions) Teacher Input for Section 504 Evaluation, Form # Parent Input for Section 504 Evaluation, Form # Section 504 Child Find Notice Form 1, page 1 of 1 Section 504 Referral Form 2, 1 of 4 Section 504 Referral (Attach extra pages as necessary) Student ID #: Date of Birth: Grade: Referral Date School/District: Referred by: Position/Relation to Student: Reason for Referral (attach additional pages if necessary): Is this student enrolled in school? Yes If No, explain. This student has been absent days out of school days this school year. Reason(s): This student was absent days out of school days last school year. Reason(s): List schools previously attended: Current Year Grade Report by Grading Period ___ ___ Year Grades ___ Year Grades Subject Final Sub ject Subject Over time, this studentÕs grades: (check the appropriate box) have become higher each year stayed about th e same each year have become lower each year dropped suddenly in ___ grade Data not available Compared with most of the other students in this school, this studentÕs grades: (check the box) are better are about the same are worse data not a vailable Has the student ever been retained? If YES, list grade level(s) where retention occurred and reason for retention(s) 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Referral Form 2, page 2 of 4 Identify the behaviors exhibited by the student (check all that apply) Poor attention and concentration Shifts from one uncompleted task to another Often loses things necessary for tasks Interrupts or intrudes on others Excessively high/l ow activity level Difficulty working with peers Difficulty following directions Difficulty remaining seated Fidgets, squirms or seems restless Confrontational/assaultive Dress code violations Leaves class without permission Brings inappropriat e items to school Other In response to these behaviors, what behavior management techniques have been attempted? Results of these techniques: Has this student been suspended, expelled or removed to an alternative placement during the previous or cur rent school year? Yes (see below) If yes, explain and attach copies of all disciplinary referrals (including those that resulted in discipline other than suspension, or expulsion) . Report totaling removal days. What types of efforts have been attempted to meet the studentÕs needs? (check all that apply) Alternative Learning Setting Title Summer School Mentoring ESL/Bilingual Ed. Program Tutoring FCAT remediation Other: If the student received assistance from the schools problem solving team , please attach plans created for the student and data gathered on studentÕs response. List services or programs considered and rejected for this stud ent? Why? Has the student ever been special education eligible? Yes, please attach dismissal report Has the student ever been referred to special education? Yes, please attach eligibility report Mitigating Measures (Identify any mitigating measures currently in use by the student or provided for the studentÕs benefit. Check all that apply, describe measure(s) in use) Medication: Medical supplies, equipment, or appliances: Low vision devices (which do not include ordinary eyeglasses or contact lenses): Prosthetics including limbs and devices: Hearing aids and cochlear implants or other implantable hearing devices: Mobility devices: Oxygen therapy equipment and supplies: Assistive technology: Reasonable accommodations (include s early intervention, RTI, differentiated instruction and informal help from teachers): Auxiliary aids or services (includes health plans, emergency plans): Learned behavioral or adaptive neurological modifications (including dyslexia and remedial inst ruction Other: 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Referral Form 2, page 3 of 4 FCAT Latest Administration School Year: FCAT Previous School Year: EOC School Year: Subject Level Scale Score Subjec Level Scale Score Subject Pass? (Y/N) Level Reading Reading Mathematics Mathematics Writing Writing Science Science Over time, this studentÕs test scores: (check the ap propriate box) have become better each year have stayed about the same each year have become worse each year dropped suddenly in ___ grade data not available Compared to the mean of the district/ school /classroom, this studentÕs test scores : (circle comparison group and check the appropriate box) improved each year stayed about the same each year worsened each year Other: Person conducting screening: Attach information relating to any doctorÕs order, diagnoses, or evaluation pertaining to disability (example, medical reports, psychological reports, ADD/ADHD diagnostic information, etc.) Does student exhibit any signs of health or medical oblems? Yes. If yes, attach observations. Is there a need for further assessment of referral of a medical problem? Yes (see below) If further assessment is necessary, please describe what new data is necessary. Is student receiving any medica tion at school? Yes, list medications Does the student require adaptive equipment or facility adaptation? Yes, attach list of needs Does the student have a physical or mental impairment that is episodic? Yes If yes, please describe t he condition, when and how often it is active, and its impact on the student when it is active. Does the student have a physical or mental impairment that is in remission? Yes If yes, please describe the condition, when it was active, at what point it went into remission, and its impact on the student when it was active. 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Referral Form 2, page 4 of 4 Vision Type of screening: Date of screening (Vision examination must have been adm inistered within a year from the date of referral) Visual acuity before correction: Right Left Visual acuity with correction: Right Left Interpretation of results: Does student exhibit any signs of health or medical problems? Yes. If yes, attach observations. Is there a need for further assessment of a medical problem? Yes (see below) If further assessment is necessary, please describe what new data is necessary. As a result of the screening, is there any indication of a ne ed for further assessment or adjustment Yes, please explain. Has any follow up treatment been recommended? Yes, please explain. Date of most recent screening: Type of screening: sults: Interpretation of results: As a result of the screening, is there any indication of a need for further assessment or adjust ment? Yes. If yes, explain. Has any follow up treatment been recommended? Yes, please explain. 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ _________________ ________________ ___________________ __ ________________________ ___________________ Initial as completed Section 504 Notice and Consent for Initial Evaluation 2 Copies sent to parent Form 3, page 1 of 1 1 Copy signed & returned Notice of Rights Included Notice and Consent for Initial Section 504 Evaluation District/School Grade: Student ID #: Parents: Address: Home Phone: Work Phone We have carefully reviewed your childÕs school records and information from teachers. Additional information is necessary to determine your childÕs educational needs and whether he/she might be eligible for assistance in the regular classroom under Section 504. We ask that you consent to an evaluation under ¤504 for the following reasons___ In many cases, the ¤504 evaluation may simply consist of the Section 504 Committee reviewing and interpreting existing school records, including anecdotal evidence, observations, prior testing, grades, standardized test scores, and other data, in order to determine if your child qualifies for accommodations in the regular classroom. For students who have been involved in the early intervention process, the 504 evaluation will include a review of the classroom assistance and interventions provided, the results of those efforts, and any other data generated by that process. In addition to reviewing the data described above, the district desires to conduct the following assessments: __ Please review the enclosed document entitled ÒNotice of Parent Rights,Ó which informs you of your rights u der Section 504. If you CONSENT to the evaluation, please check the ÒconsentÓ statement, sign and return one copy of this letter. If you REFUSE consent, please check the Òrefuse consentÓ statement, sign and return one copy of this letter Keep the other copy of this letter and the Notice of Parent Rights for future reference. Please call (Coordi ator) at if you have any questions. School Staff person Telepho e Number As the parent/legal guardian of the above referenced student, I have received notice of my Section parent r ghts, and I understand that this is n offer of a Special Education evaluation. I hereby CONSENT to an evaluation under Section 504. I hereby REFUSE consent to an evaluation under Section 504. Parent Guardian signature Parent/Guardian printed name Date 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Notice of Parent Rights Form 4, page 1 of 2 The Rehabilitation Act of 1973, commonly known in the schools as ÒSection 504,Ó is a federal law passed by the United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate in, or receive benefits from, programs receiving federal financial assistance. In the public schools specifically, ¤504 applies to ensure that eligible disabled students are provided with educational benefits and opportunities equal to those provided to non-disabled students. Under ¤504, a student is considered ÒdisabledÓ if he or she suffers from a physical or mental impairment that subs tantially limits one or more of their major life activities, such as learning, walking, seeing, hearing, breathing, working, and performing manual tasks. Section 504 also applies to students with a record of having a substantially-limiting impairment, or who are regarded as being disabled even if they are truly not disabled. Students can be considered disabled, and can receive services under ¤504, even if they do not qualify for, or receive, special education services. The purpose of this Notice is to inform parents and students of the rights granted them under ¤504. The federal r egulations that implement ¤504 are found at Title 34, Part 104 of the Code of Federal Regulations (CFR) and entitle eligible student and their parents, to the following rights: 1. You have a right to be informed about your rights under ¤504. [34 CFR 104.32] The School District must prov ide you with written notice of your rights under ¤504 (this document represents written notice of rights as required under ¤504). If you need further explanation or clarification of any of the rights described in this Notice, contact appropriate staff persons at the DistrictÕs ¤504 Office and they will assist you in understanding your rights. Under ¤504, your child has the right to an appropriate education designed to meet his or her educatio nal needs as adequately as the needs of non-disabled students are met. [34 CFR 104.33]. Your child has the right to free educational services, with the exception of certain costs normally also paid by th e parents of non-disabled students. Insurance companies and other similar third parties are not relieved of any existing obligation to provide or pay for services to a student that becomes eligible for services under ¤504. [34 CFR 104.33]. To the maximum extent appropriate, your child has the right to be educated with children who are not disabled . Your child will be placed and educated in regular classes, unless the District demonstrates that his or her educational needs cannot be adequately met in the regular classroom, even with the use of supplementary aids and services. [34 CFR 104.34]. Your child has the right to services, facilities, and activities comparable to those provided to non- disabled students. [34 CFR 104.34]. The School District must undertake an evaluation of your child prior to determining his or her appropri ate educational placement or program of services under ¤504, and also before every subsequent gnificant change in placement. [34 CFR 104.35]. 7. If formal assessment instruments are used as part of an evaluation, procedures used to administer assessme nts and other instruments must comply with the requirements of ¤504 regarding test validity, proper method of administration, and appropriate test selection. [34 CFR104.35]. The District will ©1999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Notice of Parent Rights Form 4, page 2 of 2 appropriately consider information from a variety of sources in making its determinations, including, for example: aptitude and achievement tests, teacher recommendations, reports of physical condition, social and cultural background, adaptive behavior, health records, report cards, progress notes, parent observations, and scores on TAKS tests, and mitigating measures, among others. [34 CFR 104.35]. Placement decisions regarding your child must be made by a group of persons (a ¤504 committee) knowledg eable about your child, the meaning of the evaluation data, possible placement options, and the requirement that to the maximum extent appropriate, disabled children should be educated with non- disabled children. [34 CFR 104.35]. If your child is eligible for services under ¤504, he or she has a right to periodic evaluations to determin e if there has been a change in educational need. Generally, an evaluation will take place at least every three years. [34 CFR 104.35]. You have the right to be notified by the District prior to any action regarding the identification, evaluati on, or placement of your child. [34 CFR 104.36] You have the right to examine relevant documents and records regarding your child (generally document s relating to identification, evaluation, and placement of your child under ¤504). [34 CFR 104.36]. 12. You have the right to an impartial due process hearing if you wish to contest any action of the District with rega rd to your childÕs identification, evaluation, or placement under ¤504. [34 CFR 104.36]. You have the right to participate personally at the hearing, and to be represented by an attorney, if you wish to hire one. 13. If you wish to contest an action taken by the ¤504 Committee by means of an impartial due process hearing, you must submit a Notice of Appeal or a Request for Hearing to the District's ¤504 Coordinator at: A date will be set for the hearing and an impartial hearing officer will be appointed. You will then be notified in writing of the hearing date, time, and place. 14. If you disagree with the decision of the hearing officer, you have a right to seek a review of that decision before a court of competent jurisdiction (normally, your closest federal district court). 15. also have a right to present a grievance or complaint to the DistrictÕs ¤504 Coordinator (or designe e), who will i stigate the situation, take into account the nature of the complaint and all necessary factors, and respond appropriately to you within a reasonable time. You also have a right to file a complaint with the Office for Civil Rights (OCR) of the Department of Educatio n. The address of the OCR Regional Office that covers this school district is: Director, Office for Civil Rights 61 Forsyt h St. S.W., Suite 19T70, Atlanta, GA 30303-8927, Tel. 404- ©1999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Notice of Parent Rights Form 5, page 1 of 2 Section 504 Notice of Parent Rights Form 5, page 2 of 2 recomendaciones de maestros, reportes de condici—n f’sica, antecedentes sociales y culturales, an‡lysis de comportamiento adaptado, reportes mŽdicos, calificaciones, reportes de progreso, observaciones de los padres, anŽcdotas de maestros, calificaciones en los ex‡menes estatales, y medidas aliviantes, entre otras. [34 CFR 104.35]. Las decisiones de colocaci—n educativa deben realizarse por un grupo de personas (llamado el comitŽ 504) que onocen la situaci—n de su hijo/a, el significado de los resultados de las evaluaciones, las opciones de colocaci—n, y la obligaci—n legal de asegurar el ambiente educativo que permita el m‡ximo contacto con estudiantes no incapacitados. [34 CFR 104.35]. Si es considerado incapacitado bajo la Secci—n 504, su hijo/a tendr‡ derecho a que se le den nuevas pruebas evaluaciones a ciertos tiempos, para determinar si sus necesidades educativas han cambiado. Generalmente evaluaciones educativas se pondr‡n al corriente para cada ni–o incapacitado por lo menos cada tres a–os. [34 CFR 104.35.] Usted tiene derecho a que el distrito escolar le avise antes de tomar cualquier acci—n en relaci—n a la identif caci—n, evaluaci—n o colocaci—n educativa de su hijo/a. [34 CFR 104.36]. Usted tiene derecho a examinar archivos y documentos relacionados a la educaci—n de su hijo/a (normal ente archivos y documentos con relaci—n a la identificaci—n, evaluaci—n o colocaci—n educativa de su hijo/a). [34 CFR 104.36]. Usted tiene derecho a una audiencia imparcial si no esta de acuerdo con las acciones del distrito en relaci— a la identificaci—n, evaluaci—n, o colocaci—n educativa de su hijo/a. Usted tiene la oportunidad de participar personalmente en tal audiencia y de ser representada por un abogado, si desea contratarlo. [34 CFR 104.36]. Si desea protestar o disputar las acciones del ComitŽ 504 del distrito a traves de una audiencia imparci l, debe presentar un Aviso de Apelaci—n escrito ante el Coordinador 504 del distrito, en la siguiente direcci—n. Se fijar‡ una fecha para una audiencia ante un oficial imparcial, y ser‡n notificados por escrito de la fecha, hora, y lugar de la audiencia. [INSERT TYPED NAME, ADDRESS AND PHONE OF ¤504 COORDINATOR, AND COPY] Si usted est‡ en desacuerdo con la decisi—n final del oficial imparcial de audiencia, tiene derecho a apelar es a decisi—n a una corte de jurisdicci—n adequada; normalmente, la corte federal local. [34 CFR 104.36]. Tambien tiene el derecho de presentar una queja local al Coordinador de ¤504 del Districto Escolar (o su dirig nte), quien investigara la situacion, considerara los temas de la queja y todo factor necesario, y respondera apropiadamente a usted en un plazo de tiempo razonable. Usted tambiŽn tiene el derecho a presentar una queja ante la Oficina de Derechos Civiles de el Departa ento de Educaci—n de los Estados Unidos. La direcci—n de la Oficina Regional a la cual pertenece a este distrito es: Director, Office for Civil Rights 61 Forsy h St. S.W., Suite 19T70, Atlanta, GA 30303-8927, Tel. 404- ©1999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Teacher Input Form 6, page 1 of 1 Teacher Input for Section 504 Evaluation Stude nt ID #: Grade: TeacherÕs Name Subject Matter: Date: Rate the concerns you have about t his student. For each skill, mark: 1= Poor 2=Below Average 3=Average 4=Above Average 5=Superior N=Not observed Reading Skills Tests Math Skills Follows oral directions Written Expression Foll ows written directions Spelling Organizational skills Classroom work Interaction with staff Homework Rate this studentÕs behavior in relation to other students of the same AGE. For each be havior, mark: 1= Poor 2=Below Average 3=Average 4=Above Average 5=Superior N=Not observed Generally cooperates or complies with teacher requests. Adapts to new situations without getting upset. Accepts responsibility for own actions. Makes and keeps friends at school. Works cooperatively with others. Has an even, usually happy, disposition. Appropriate attention and concentration Compliance with teacher directives Brings necessary materials to class Fidgets, squirms or seems restless Completes tasks on time Stays on task, is easily redirected Remains seated Takes turns, waits for turn What have you done differently in your classroo m to meet this studentÕs educational/behavioral needs? What were the results of these efforts? 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Parent Input Form 7, page 1 of 4 Parent Input for Section 504 Evaluation The information requested will greatly assist the ¤504 Committee in evaluation of your child. If you have additional information that you want the Committee to consider (and that is not requested here) pleas feel free to attach additional pages. Disregard any question that makes you uncomfortable. If you would prefer to provide this information by phone, please contact at Date of Birth: Address: Phone: School Grade: MotherÕs Name: Occupation: Level of Education FatherÕs Name Occupation: Level of Education With whom does the child live? Relationship to child: Other Children in the Home (attach additional page if necessary) Name Age Relationship Other Adults in the student Õs Home Relationship to student Compared to other children in the family, this childÕs development was: (check one) Slower About the same Faster At what age, in months, was the student able to do the following: Sat without support Crawled Walked without support Used spoon fairly well First word Reasonably well toilet trained Does the student prefer to play/socialize with Girls Boys No preference Does the student have friends his/her own age? Yes Does the student have friends who are younger than the student? Yes Does the student have friends who are older than the student? Yes 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Parent Input Form7, page2of4 Please check each item available for the studentÕs use at home: Computer Books Tape recorder CD player Video games Television Educational toys Radio What kinds of activities does your family do together? (Read, play games, camp, etc.) Have there been any important changes within the family during the last three years (For example, changes, moves, births, deaths, serious illnesses, separations, divorce) With whom in the family is the student particularly close? Has the student eve been separated from the family due to family problem, health reasons, etc? If yes, please explain. How did the student react to the separation? Describe the studentÕs behavior at home with peers, siblings, neighbors, and parents. (For example, is the student generally well behaved? Social? Affectionate? Withdrawn? What methods of discipline are used with this student at home? (For example, spanking, extra chores, early bedtimes, taking away of privileges; is he/she given rewards for good behavior?) How does the student react to discipline? Who usually disciplines the student at home? The primary language in the home is: How long has the student lived in the United States? What time does the student go to bed at night? Doe s the student eat breakfast? What does the student do when not in school? (Please list the studentÕs common indoor and outdoor activities.) Does your student have a part time job after school or on weekends? If yes, please provide the average number of hours worked per week. Has your student talked to you about difficulties or problems at school? Please explain: Do you think your student is having difficulties in school? Yes If you think your student is having difficu lties, please explain your concerns. 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Parent Input Form 7, page 3 of 4 What do you think is causing the studentÕs difficulties at school? When did you first notice the difficulties? If you have discussed these concerns with the school, please indicate when and with whom you shared your concerns: If your student qualifie for Section 504, what services or accommodations do think are necessary so that the student can participate and benefit from school? Has your student ever had the following? Never Began at age? Ended at age? Still has problem Frequent fevers Frequent earaches Frequent vomiting Thumbsucking Nightmares Sleepwalking Head banging Rocking of body Teeth grinding Bedwetting Fingernail biting Temper tantrums Run away from home Lost consciousness Convulsions DoctorÕs reports, letters and diagnoses can be very helpful to the 504 Committee. Please attach the studentÕs medical records so that the Committee can have a more complete picture of your child. If you would prefer, you may give the District written consent to seek those records from your doctors directly. Please notify (504 Coordinator) at to get the necessary form. Please identify any medical problem for which your student is currently receiving medical care: Does your student appear to have any other physical health problems for which the student is not currently receiving medical care? Please list all medications currently taken by your student (over the counter and prescription). Please describe any side effects the student e xperiences from these medications. Please identify any medication(s) taken by your student for over 1 year: Please describe any hospital stays by your student, including the date, reason for the stay, the duration, and the result of treatment. 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Parent Input Form 7, page 4 of 4 Does your child have a medical condition or illness with symptoms that are sometimes more serious than other times? If yes, please answer the following questions: What is the name of t he condition or illness? When and how often is the condition or illness a problem for your child? How does the condition or illness affect your child when the symptoms are most serious? Did your child used to have a serious medical condition or illness that has gone away? If yes, please answer the following questions: What is the name of the condition or illness that your child used to have? When did your child suffer from the condition or illness? How did the condition or illness affe ct your child when the symptoms were most serious? Is the condition or illness likely to return? Is there any other information about your student or family that you would like the Section 504 Committee to consider when evaluating your student for Se ction 504 eligibility? If so, please provide it here. Signature of Parent Date Signature and Position of Date person assisting (if any) 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Notice of Section 504 Meeting Form 8, page 1 of 1 Notice of Section 504 Meeting Date: StudentÕs Name ID # Schoo ear Mr./Mrs./Ms. arent/Guardian/Surrogate/Adult Student This letter is to inform you that the Section 504 Committee is planning a meeting to discuss your childÕs educati nal needs. We have scheduled a meeting at (time) , on (date) at (location) . While parents are not required members of Section 504 Committees, we would very much appreciate your input. Your insights and contributions will be quite helpful to us in effecting the best decisions possible. The meeting is scheduled for the following reason[s]: Initial valuation for eligibility Annual Review (no Periodic Re-Evaluation is due) Periodic Re-Evaluation (every three years) Manifestation Determination (prior to disciplinary removal constituting a change in placement) Other: _____ Following the meeting, we will notify you of the Section 504 CommitteeÕs decision in writing. Please call me a f you have any questions. Sincerely, Section 504 Coordinator ©1999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Initial Evaluation & Periodic Re-Evaluation Form 9, page 1 of 4 Section 504 Initial Evaluation & Periodic Re-Evaluation Student ID #: Date of Birth: Grade: School/District: Previous School/District: TodayÕs Date: (Check one): Initial Evaluation Periodic Re valuation For Initial Evaluation Only: Referred by: Date of Referral: By regulation, the Section 504 Committee is a group of knowledgeable people. Within the group, each required type of knowledge must be present. List each member attending and check the area of knowledge provide (attach an additional sheet if necessary). Each required area of knowledge must be present on the committee. Name Position/ Title This member has k nowledge of É. The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options For the 504 Initial Evaluation , complete Questions 1 . If this is a Re Evaluation, there is no requirement for parental consent (mark Question 1 ÒN/AÓ, and complete the other four questions). Please verify by checkmark that each requirement is completed before proceeding. 1. Verify that the parent consente d to initial evaluation , Form 3 (Does not apply to re evaluations) 2. Verify that the ¤504 Committee is a group, including a person with knowledge in each of the required areas. 3. Verify the StudentÕs dominant language: Dominant language of the home: . Verify that the parent received Notice of Parent Rights under . Verify the parent was informed of the date, time, and place for this evaluation (check one) In writing By Phone In Perso Other: The Committee revie wed and carefully considered data gathered from a variety of sources, including the Referral Document. [Please check each type of data reviewed by the Committee , or attach copies of the data.] Parent input Student work portfolio Grade reports Special education records (specify) Standardized Tests and Other Tests Disciplinary records/referrals Early Intervention data Mitigating measures Teacher/Administrator Inp Other School Health Information Other Medical evaluations/diagnoses Other NOTE: If information from a conversation or other data in unwritten form was considered, please document that oral data relied upon by attaching written notes summarizing the conversation or data.) 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Section 504 Initial Evaluation & Periodic Re-Evaluation Form 9, page 2 of 4 As directed by Congress in the ADAAA, the Section 504 Committee understa nds that the definition of disability shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act. 1. Does the student have a physical or mental impairment? If so, please ident ify the impairment (s) in the box below Note s (1) This is an educational determination only, and not a medical diagnosis for purposes of treatment. (2) Impairments that are episodic, in remission or mitigated should also be listed. Eligibility Question Yes If you answered ÒyesÓ to Question 1, identify the impairment (s) here. 2. Does the physical or mental impairment affect one or more major life activities (including major bodily functions) If so, identify the major life activity or major bodily function by checking the appropriate box or boxes. Note: For an impairment that is episodic, in remission, or mitigated, identify the activity or function affected when the disability was present or active. Eligibility Question Yes ajor Life Activities include, but are not limited to: Caring for oneself Eating Lifting Learning Communicating Performing manual tasks Sleeping Bending Reading Working Seeing Walking Speaking Concentrating Other: Hearing Standing Breat hing Thinking Other: Major Bodily Functions include, but are not limited to: Functions of the immune system Bowel function Brain function Endocrine function Normal cell growth Bladder function Respiratory function Digestive function Reproduc tive function Neurological function Circulatory function Other: 3. Does the physical or mental impairment substantially limit a major life activity? Note : (1) ÒSubstantially limitsÓ does not mean Òsignificantly restricted.Ó (2) The ADAAA requires that when making this determination, the Committee should not consider the ameliorative (helpful or positive) effects of mitigating measures ( except for ordinary eyeglasses or contact lenses). (3) The fact that the impairment is episodic (the impact of the impairment is sometimes substantially limiting, but not always), or in remission, does not preclude eligibility if the impairment would substantially limit a major life activity when active. If Eligibility Question 3 is answered no, explain why the stu dent is not substantially limited and describe how the committee addressed the positive impact of mitigating measures (what measures are used by/for the student, and what was their impact?) Eligibility Question Yes 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Ifyoudisagreew ection 504 Initial Evaluation & Periodic Re-Evaluation Form9, page3of4 Does the student need Section 504 serv ices in order for his/her educational needs to be met as adequately as those of non disabled peers? Notes: (1) I the studentÕs needs are so extreme as to require special education and related services, a referral to special education should be considered. (2) If the studentÕs impairment is in remission, or the studentÕs needs are currently addressed by mitigating measures, the student is not in need of a Section 504 accommodation plan. If the Plan and Placement question is answered Òno,Ó explain why the student does not need a Section 504 Accommodation Plan: Plan & Placement Question Yes Analyzing the Results of the CommitteeÕs Answers 1. If all four questions are answered ÒYESÓ, the student is eligible for both the nondis crimination and FAPE (Section accommodation lan) protections of Section 504. The Section 504 Committee will create a Section 504 Services plan for this student. 2. If only the first three questions are answered ÒYESÓ, the student is eligible for the nondiscrimination protections of Section 504, together with manifestation determination, procedural safeguards, and periodic Re Evaluation or more often as needed. The Section 504 Committee will not create a Section 504 accommodation plan at this time as the studentÕs needs are currently being met as adequately as his nondisabled peers. Should such a need develop, the Committee shall convene and develop an appropriate Section 504 accommodation plan at that time. 3. If any of the first three answer s is ÒNOÓ, the student is not eligible for Section 504 nondiscrimination protection and is not eligible for a Section 504 accommodation plan The Section 504 CommitteeÕs analysis of the eligibility criteria as applied to the evaluation dat a indicates that at this time (check the appropriate box or boxes): Not ¤504 Eligible. The student is not eligible under Section 504. Eligible + Plan. The student is eligible under Section 504, and will receive a Section 504 accommodation lan that governs the provision of a free appropriate public education to the student. The student will receive manifestation determination, procedural safeguards, periodic Re Evaluation or more often as needed, as well as the nondiscriminati on protections of Section 504. Eligible + No Plan (In Remission). The student is eligible under Section 504, but will not require a Section 504 accommodation lan because the physical or mental impairment is in remission, and there is no current need for services. The student will receive manifestation determination, procedural safeguards, periodic Evaluation or more often as needed, as well as the nondiscrimination protections of Section 504. Should need for a plan develop, the Section 504 Co mmittee shall reconvene and develop an appropriate Section 504 accommodation p lan. Eligible + No Plan ( Mitigating Measures ). The student is eligible under Section 504, but will not require a Section 504 accommodation plan because the studentÕs n eeds are met as adequately as his nondisabled peers due to the positive effect of mitigating measures currently in use. The student will receive manifestation determination, procedural safeguards, periodic Re Evaluation or more often as needed, as well as the nondiscrimination protections of Section 504. Should need for a plan develop, the Section 504 Committee shall reconvene and develop an appropriate Section 504 accommodation plan Continued 504 Eligibility. The student remains eligible under Sec tion 504, and will receive an updated Section 504 accommodation plan that governs the provision of a free appropriate public education to the student. The student will receive manifestation determination, procedural safeguards, periodic Re Evaluation or mo re often as needed, as well as the nondiscrimination protections of Section 504. (For use with Re Evaluations) 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Ifyoudisagreewithth Section 504 Initial Evaluation & Periodic Re-Evaluation Form 9, page 4 of 4 Dismissal from ¤504. The student is no longer eligible for Section 504 and is exited from the program. The student will now receive regular education without Section 504 services. The student will receive the nondiscrimina tion protections of Section 504 as a student with a record of an impairment, together with procedural safeguards, but will not receive manifestation determination, or periodic Re Evaluation IDEA Eligible & ¤504 Dismissal. The student has been determi ned special education eligible b y a Committee/IEP team . Consequently, the student is no longer served through a Section 504 Committee and is exited from the program. The student will receive a free appro priate education through the Committee/IEP team , toge ther with the nondiscrimination protections and procedural safeguards of Section 504. Other (please describe) Additional notes or explanations by the Committee: 999, 2010 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 23, 2010 (Pre-ADAAA Guidance) For use or adaptation by Florida public schools with this copyright information intact. All other rights reserved. Notice of Section 504 Initial & Periodic Re-Evaluation Results Form 10, page 1 of 1 [Use this form to ensure that parents are provided with notice of the results of each Initial Evaluation/Re-Evaluation meeting. Attach the evaluation document together with the 504 Accommodation Plan (if the student is eligible)] Notice of Section 504 Evaluation Results Date Dear Parent/Guardian/Adult Student, This letter is to inform you that the Section 504 Committee had a meeting on discus your student ________________________ (studentÕs name). A co py of the evaluation form is attache . After careful review of relevant evaluation data indicated on page 1, the Section 504 Committee analyzed the data to answer the Section 504 eligibility questions on page 2. While the evaluation document provides more detail on the CommitteeÕs decision, by way of summary, the Committee determined that ________________________________________________________________________ ______________________________________________________ (provide brief summary of decision) A copy of the ¤504 CommitteeÕs evaluation is enclosed. If your student was determined ¤504-eligible, and in ne d of Section 504 accommodation plan, a copy of your studentÕs ¤504 accommodation plan is also attached. If you have any questions concerning this decision, please call me at I will be more than happy to discuss any questions that you may have. Sincerely, Section 504 Coordinator Encl. (1) Completed Initial Evaluation or Re-Evaluation (2) Section 504 accommodation plan (if Section 504-eligible, and in need of a Plan) ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Accommodation Plan Form 11, page 1 of 3 Section 504 Student Accommodation Plan Date: Date of Birth: Student ID: Phone: School Grade: Type of meeting generating initial plan or changes to 504 plan Initial Evaluation Annual Review Failure or Discipline Review Three Year Reevaluation Other: Indicate the duratio n of this plan if impairment is temporary (less than 6 months) Beginning Date: Ending Date: Describe the Temporary Disability: Certificate of Plan Distribution (Please indicate date distributed to parent and each person responsible for plan imp lementation, or N/A as appropriate) Date Person Responsible Date Person Responsible Parent/Adult Student Administrator English/Language Arts teacher Counselor Math teacher Other: Science teacher Other: Social Studies teacher Other: teacher Other: Fine Arts teacher Other: Vocational teacher Other: Signature of 504 Coordinator or other person verifying delivery of plan: Matching of Need and Accommodations. Please use the following tool to ensure that each of the tudentÕs needs identified in the evaluation are addressed in the accommodation plan. (Attach additional pages where necessary). Each student need identified by the evaluation Accommodation(s) designed to address the need ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Accommodation Plan Form 11, page 2 of 3 Section 504 Behavior Intervention Plan [This form should be used when the ¤ team determines that regular discipline is inappropriate] Student ID: School Date of Plan: Please list below each behavior , reinforcement, consequence and person responsible for administering the reinforcement or consequence. Appropriate intervention is based on assessment data, discipline history, social history, parent reports and other data. Behaviors targeted for inter vention: Please select or add the appropriate behavior interventions for this student. Please use the notes and information page to explain choices and to ensure compliance. Clearly defined limits Journal of daily behaviors Proximity seating Fre quent reminder of rules Reinforce appropriate behavior Cooling off period Reduce distracting stimuli Supervised unstructured time Peer intervention Consistent routine Behavioral contract (attach) Other Other Other Other Communicate behaviora l progress or status with parents through (check one) Weekly tracking form Notes home Phone call Daily tracking form Email Parent conference When a communication other than a tracking form is chosen, describe the frequency of required contact ere (when particular behaviors occur, every two weeks, etc). When a targeted behavior occurs, the following occurs: Targeted Behavior Reward for desired behavior Consequence for undesired behavior Person responsible for Reward or consequence ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Accommodation Plan Form 11, page 3 of 3 Section 504 Accommodation Plan Additional Notes and Information Page While checklist forms are convenient, they can also lead to confusion. Please use this page to ensure that the decisions of the Section 504 Committee are clear to school personnel and anyone else who has responsibility to implement the Plan or supervise its implementation. For example, where extended time for assignments is checked, indicate the amount of extended time to be provided (by number of minutes or by percentage, for example). Where other testing accommodation is checked, provide detail as to how the test should be adapted or the studentÕs testing experience is to be accommodated. This page should also be used to explain or provide detail for any other area where the Accommodation Plan is u clear or subject to confusion. ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Annual Review Form 12, page 1 of 2 Section 504 Annual Review (Short-form for both Annual and ÒAs NeededÓ Re-Evaluations) Student ID #: Date of Birth: Grade: School/District: TodayÕs Date: Explanation of ÒAnnual Review.Ó Although an Annual Review is not required by federal law, th e school believes that conducting Annual Reviews, or Annual Re Evaluations, is a best practice to ensure that student needs are met on an on going basis and that changes to either the studentÕs condition or need for services are recognized and addressed ex peditiously. This form is also appropriate for other reviews as warranted by changes in the studentÕs condition or need for services (ÒAs NeededÓ Reviews or ÒAs NeededÓ Re Evaluations). For Periodic Re Evaluations, required by the Section 504 regulations a least every three years, or situations where the Annual Review Form is inappropriate (as determined by the screening questions below) please use Section 504 Initial Evaluation & Periodic Re evaluation, form 9 ¤504 Committee Membership: By regulation, the Section 504 Committee is a group of knowledgeable people. Within the group, each required type of knowledge must be present. List each member attending and check the area of knowledge provide (attach an additional sheet if necessary). Each requir ed area of knowledge must be present on the committee. Name Position/Title This member has k nowledge of É. The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacem ent options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options In addition to proper membership, three things must be verified before the Annual Review can be completed. (Questions 1 4). Please verify by checkmark that each requirement is completed before proceeding. . Verify that the ¤504 Committ is a group, including a person with knowledge in each of the required areas. . Verify that the parent received Notice of Parent Rights under . Verify the parent was informed of the date, time, and place for this evaluation (check one) In writing By Phone In Person Other: 4. Verify that use of the Annual Review form is appropriate by completing the following screening questions. The Committee should answer each question by analyzing the most recent full evaluation (eit her the Initial Section 504 evaluation, or the most recent Section 504 Re Evaluation, whichever is newer): (A) Is the studentÕs Initial Evaluation or periodic Re Evaluation less than three years old? If the answer is no, this form should not be used, an d the Section 504 Committee should complete Form 10, the Re Evaluation form. Appropriateness of Short Form Question Yes (B) Generally speaking, does the studentÕs most recent Initial or periodic Re Evaluation accurately reflect all of the stude ntÕs physical or mental impairments, including impairments that are episodic and impairments in remission? If yes, the student remains Section 504 eligible. If the answer is no, the Appropriat eness of Short Form Question Committee should conduct a full Re Evaluation using Form 10. Yes ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. IfyoudisagreewiththeC Section 504 Annual Review Form 12, page 2 of 2 (C) Generally speaking, does the studentÕs most recent Initial or periodic Re Evaluation accurate ly reflect the impact of the studentÕs physical or mental impairments, including impairments that are episodic or in remission, on the studentÕs ability to access and participate in the schoolÕs programs and activities? If yes, and the student has a Secti on 504 accommodation plan in place, the student will continue to receive a Section 504 accommodation plan . If the answer is no, the Committee should conduct a full Re Evaluation using Form 10. Appropriateness of Short Form Question Yes If all three answers to the screening questions 4a 4c are Yes, and the procedural steps are complete, proceed to evaluate using this form. Should any answer to the Questions 4a 4c be ÒNo,Ó Form 10 should be used instead of this form. The Committee reviewed and carefully considered the following data gathered from a variety of sources. [Please check each that applies, or attach copies of the data.] Parent input Student work portfolio Grade reports Special education records (specify) Standardized Tests and Other Tests Disciplinary records/referrals Early Intervention data Mitigating measures Teacher/Administrator Input Other School Health Information Other Medical evaluations/diagnoses Other NOTE: If information from a conversation or other data in unwritten form was considered, please document that oral data relied upon by attaching written notes summarizing the conversation or data.) Changes since th e last full evaluation: Please describe any changes in the studentÕs impairments or changes in the studentÕs disability related needs since the last full evaluation _______________________________________________________________________________________ Section 504 Committee Action (select the appropriate action by checkmark) No changes to Plan. No changes to the current Section 504 accommodation plan are necessary at this time. The studentÕs existing Section 504 accommodation plan will remain in place as written, subject to futu re Annual Reviews, periodic Re valuations, or other reviews should changes in the studentÕs impairments or need for services so require Changes to Plan. Changes to the Section 504 accommodation plan are necessary. The Se ction 504 Committee will proceed to make appropriate changes to the accommodation plan No 504 Plan (In Remission). The student remains eligible under Section 504, but will not require a Section 504 accommodation plan because the physical or mental im pairment is in remission, and there is no current need for services. The student will receive manifestation determination, procedural safeguards, periodic Re Evaluation or more often as needed, as well as the nondiscrimination protections of Section 504. Should need for a Plan develop, the Section 504 Committee shall reconvene and develop an appropriate Section 504 accommodation plan No 504 Plan (Mitigating Measures). The student is eligible under Section 504, but will not require a Section 504 ommodation plan because the studentÕs needs are met as adequately as his nondisabled peers due to the positive effect of mitigating measures currently in use. The student will receive manifestation determination, procedural safeguards, periodic Re Evaluati on or more often as needed, as well as the nondiscrimination protections of Section Should need for a Plan develop, the Section 504 Committee shall reconvene and develop an appropriate Section 504 accommodation plan ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Manifestation Determination Form 13, page 1 of 2 Section 504 Manifestation Determination Evaluation Both boxes must be checked before the 504 evaluation for manifestation determination can occur. Verify how the parent was informed of the d ate, time, and place for this evaluation in writing by phone in person Other? Verify that the ¤504 Committee is a group, including a person with knowledge in each of the required areas. (See below) Student ID #: School/District: Date of Evaluation: By regulation, the Section 504 Committee is a group of know ledgeable people. Within the group, each required type of knowledge must be present. List each member attending and check the area of knowledge provide (attach an additional sheet if necessary). Each required area of knowledge must be present on the committee. Name Position/Title Knowledge of É. The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The p lacement options The Child The meaning of the e valuation data The pl acement options The Committe e revie wed and carefully considered data gathered from a variety of sources, including the Referral Document. [Please check each type of data reviewed by the Committee , or attach copies of the data.] Parent input Student work portfolio Grade reports Special education records (specify) Standardized Tests and Other Tests Disciplinary records/referrals Early Intervention data Medical evaluations/diagnoses Teacher/Administrator Input Witness statements School Health Information Other NOTE: If information from a conversation or other data in unwritten form was considered, please document that oral data relied upon by attaching written notes summarizing the conversation or data.) ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Manifestation Determination Form 13, page 2 of 2 Behavior subject to disciplinary action (The 504 Committee does not address whether or not the alleged behavior occurred): List each of the studentÕs Section 504 qualifying physical or mental impairments: The Section 504 Committee reviewed a nd discussed the data listed above. Based on this review, the Committee has made the following determinations: Question #1: Was the conduct in question caused by, or directly and substantially related to the studentÕs disabilities? Yes Question #2: Was the conduct in question the direct result of the schoolÕs failure to implement the studentÕs Section 504 plan , if there was any such failure Yes Results: If either of the questions are answered Òyes,Ó the behavior must be considered to be a manifestation of the studentÕs disability. In that event, the student cannot be expelled or placed in the schoolÕs disciplinary alternative education setting for more than 10 school days. Committee Notes: ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. Section 504 Manifestation Determination Evaluation Results Form14, page 1 of 1 Notice of Section 504 Manifestation Determination Evaluation Results [Use this form to ensure that parents are provided with notice of the results of the manifestation determination evaluation meeting. Attach the completed manifestation determination Form 12 together with the ¤504 accommodation plan (if the student had a Plan and if the Plan was changed)] Date Dear Parent/Guardian/Adult Student, This letter is to inform you that the Section 504 Committee had a meeting on discus your student ________________________ (studentÕs name). A copy of the manifestati on determi ation evaluation form is attached. After careful review of relevant evaluation data indicated on page 1, the Section 504 Committee analyzed the data to answer the manifestation determination questions on page 2. While the evaluation document provides more detail on the CommitteeÕs decision, by way of summary, the Committee determined that ___________________________________________________ ______________________________________________________ (provide brief summary of decision) A copy of the 504 CommitteeÕs manifestation determination evaluation is enclosed. If your studentÕs Section 04 plan was changed during the meeting, a copy of the new ¤504 Plan is also attached. If you have any questions concerning this decision, please call me at I will be more than happy to discuss any questions that you may have. Sincerely, Section 504 Coordinator Encl. (1) Completed Manifestation Determination Evaluation Form (2) ¤504 accommodation plan (if the student had a Plan and if the Plan was changed) ©1999, 2009 R ICHARDS INDSAY & M ARTêN , L.L.P. CESD ¤504 Compliance System, Nov. 19, 2009 (Pre-ADAAA Guidance) For use or adaptation by Florida public school districts with this copyright information intact. All other rights reserved. 313082