Section 504

SECTION 504 PROCEDURES

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and its implementing regulations prohibit discrimination on the basis of disability by any program or activity that receives or benefits from federal funding. Section 504 requires that disabled students be provided with a free appropriate public education including education with non-disabled peers to the maximum extent appropriate.

    • The Americans with Disabilities Act ("ADA")/Section 504 Coordinator
      • Appointment
        • The District's Director of Special Services or other designated administrator shall act as the District's ADA/Section 504 Coordinator and shall coordinate the District's efforts to comply with and carry out its responsibilities under the ADA and Section 504.
      • Duties
        • The duties of the ADA/Section 504 Coordinator shall include answering questions regarding rights and responsibilities under the ADA and Section 504 and investigating any complaint or grievance alleging noncompliance with the ADA or Section 504.
      • Notification
        • The District shall make available to all interested individuals the name, office address, and telephone number of the employee designated as the ADA/Section 504 Coordinator.
    • Prohibition Against Discrimination
      • Discrimination Prohibited
        • Pursuant to Board of Education Policy 6:120, the District does not discriminate against students on the basis of disability as defined under the regulations implementing Section 504 and the ADA as regards access to or use of the District's programs, services and activities. It is also this District's policy to provide a free appropriate public education to all students with disabilities in conformance with the provisions of IDEA and Section 504.
    • The 504 evaluation procedures shall be:
      • necessary and appropriate to determine the nature and extent of a disabling condition or a suspected disabling condition;
      • tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient;
      • validated for the specific purpose(s) for which they are used and administered by trained personnel in conformance with instructions provided by their author/publisher;
      • free of racial, cultural, language or sex bias;
      • appropriate for the age and stage of development of each student to whom they are administered;
      • 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; and
      • administered in the student's familiar language or conducted in the mode of communication most familiar to the person being assessed, unless it is clearly not feasible to do so.
      • No single procedure shall be used by the District to evaluate whether or not a student has a disability under Section 504.
    • Determination Of Eligibility
      • The designated team will convene a Section 504 eligibility conference for a student whose evaluation has been completed, within 60 school days of the referral, if reasonably possible.
      • The eligibility conference will involve a group of persons knowledgeable about the student including the student's parents/guardians. The participants may include the student's teacher, member(s) of the assessment team, Section 504 Coordinator, School Psychologist, and the School Nurse (collectively called the “504 Team").
      • Notice to attend the eligibility conference shall be sent to all 504 Team members, including the student's parents/guardians, at least ten (10) calendar days prior to the conference.
      • The 504 Team will determine eligibility under Section 504 and determine what services and/or accommodations are needed to meet the student's needs as they relate to the educational setting, if any.
      • In order to determine that a student who has been evaluated is a student with a disability under Section 504, the Team must conclude, that:
        • the student has a physical or mental condition (i.e., any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the 504 Procedures
        • The services and reasonable accommodations described in the Section 504 Plan shall be based on a composite understanding of the student's characteristics and how the physical or mental condition substantially limits one or more major life activities.
        • If it is determined that the student will not be receiving any special services or
        • accommodations, a written notice of the findings shall be provided to the parents along with a notice of their right to appeal the determination.
          • A reevaluation of each initial evaluation of the student will normally be conducted every three (3) years or more frequently if conditions warrant.
          • Each reevaluation will, when reasonably possible, be completed within sixty (60) school days from the date the notice of reevaluation is sent to the parents.
      • Yearly Review
        • On an annual basis, the appropriate building administrator/coordinator shall ensure that the Section 504 Team reviews the Service Plan to determine continued eligibility and nature and type of services the District shall provide. The Section 504 Team shall also collect any new data available and adjust the Section 504 Plan accordingly.
      • Termination of Services
        • The Section 504 Team shall recommend the termination of a student's Section 504 Plan if it determines on the basis of the review of all pertinent information that:
          • The student is no longer disabled; or
          • The student no longer requires any specialized services to meet the identified needs; or
          • The student no longer requires any special accommodations; or
          • The student can be appropriately educated in a regular classroom environment without special support.
          • Record of the decision to terminate shall be placed in the student's temporary record file.