Manual for District Employees - North East Independent ... · Manual for District Employees Update 2016-2017 . ... Education) are also considered to be disabled under §504. In other

Section 504 & Dyslexia

PROCEDURES AND INFORMATION FOR CAMPUS §504 COORDINATORS

Manual for District Employees

Update 2016-2017

JGREERDEHAVEN/JTRACY 06/30/16 Page 2 of 20

§504

TABLE OF CONTENTS

Notice of District Compliance With §504 of Rehabilitation Act of 1973………………... 3

General Information - Students with Disabilities under §504............................................. 4 - 8

Eligibility Under §504

Otherwise Qualified Defined

Physical or Mental Impairment Defined

Substantially Limits Defined

Section 504 and IDEIA / Dual Disability

Age of Eligibility

Free and Appropriate Public Education

Least Restrictive Environment

Procedural Safeguards – The Rights of Parents and Guardians………………………….. 9-10

Notice

Notice of Rights

Student Records

Complaints

Impartial Hearing Process

Review Procedure

Identification, Evaluation, and the Individual Accommodation Plan…………………….. 11-13

Identification

Evaluation Procedures

Frequency and Scope of Evaluations

Decisions – The §504 Committee

Accommodations

Students who do not or no longer qualify under IDEIA

When a parent decides to revoke IDEIA Special Education Services

Section 504 Administrative Leadership…………………………………………………... 13

Implementation and §504 Operating Guidelines………………………………………… 14-17

Roles and Responsibilities

Referral Process

Parent or Guardian Notice

Evaluation

§504 Committee Meeting

Students in AP/Honors Courses or Academically Above Average

Reevaluation

Discipline

Dismissal from §504

Section 504 and the Response to Intervention Process…………………………………... 18

Section 504 Record Maintenance………………………………………………………… 18-20


§504

NOTICE OF DISTRICT COMPLIANCE WITH SECTION 504

OF THE REHABILITIAION ACT OF 1973

No otherwise qualified individual with disabilities shall, solely by reason of her or his disability,

be excluded from participation in, be denied the benefits of, or be subjected to discrimination under

any program or activity receiving Federal financial assistance.

42 U.S.C. 12132; 29 U.S.C. 794; 34 CFR 104.4(a)

Reports of discrimination based on disability may be directed to the ADA/§504 coordinator. The

District designates the following person to coordinate its efforts to comply with Title II of the

Americans with Disabilities Act of 1990, as amended, which incorporates and expands upon the

requirements of Section 504 of the Rehabilitation Act of 1973, as amended:

Name: Janice Greer DeHaven

Position: Director for Special Education and §504

Address: 8961Tesoro Drive

San Antonio, Texas 78217

Office Telephone: (210) 407-0249

THE DISTRICT HAS A SYSTEM OF PROCEDURAL SAFEGUARDS THAT INCLUDES

NOTICE, AN OPPORTUNITY FOR THE STUDENT’S PARENT OR GUARDIAN TO

EXAMINE RELEVANT RECORDS, AN IMPARTIAL HEARING WITH THE

OPPORTUNITY FOR PARTICIPATION BY THE PARENTS OR GUARDIAN AND

REPRESENTATION BY COUNSEL, AND A REVIEW PROCEDURE.


§504

GENERAL INFORMATION

STUDENTS WITH DISABLITIES UNDER SECTION 504

Section 504 of the Rehabilitation Act of 1973 was designed to eliminate discrimination against

any student with a disability in any program offered by the school district. Section 504 states

that:

No otherwise qualified individual with a disability shall solely by reason of her or his disability,

be excluded from the participation in, be denied the benefits of, or be subjected to discrimination

under any other program or activity receiving Federal financial assistance.

The interplay between §504 and the Individuals with Disabilities Education Improvement Act

(IDEIA) commonly known as the Special Education law can be confusing. Both laws involve

students with disabilities. All students who qualify as “disabled” under IDEIA (Special

Education) are also considered to be disabled under §504. In other words, §504 covers all the

disability categories identified by the IDEIA.

Section 504 prohibits discrimination against students with disabilities in special education in

addition to other mental and physical impairments not identified under IDEIA. Some disabilities

not always covered by IDEIA are: Attention Deficit Disorder (ADD), Attention Deficit

Hyperactivity Disorder (ADHD), asthma, allergies, diabetes, and various other medical

conditions. Students with §504 disabilities are generally served in regular education programs

with accommodations. The North East Independent School District has an affirmative

responsibility to not discriminate against any student with a disability.

The IDEIA is a funding statute. Section 504 is simply a nondiscrimination statute that prohibits

discrimination on the basis of disability. There is no funding for such laws. Section 504 is

enforced through a set of complex regulations that largely mirror the regulations that accompany

IDEIA.

Eligible under §504:

“Any person who (i) has a physical or mental impairment that substantially limits one or more of

such person’s major life activities; (ii) has a record of such an impairment; or (iii) is being

regarded as having such an impairment.” 29 U.S.C. §705(20). Students with disabilities under

this definition are entitled to nondiscrimination because of this law. Many students may have

limitations such that they are having difficulty learning. Some may be students who have not

been in school for a long period of time, students new to the United States or students who meet

the definition of “at risk” under Texas law. Unless these students have a mental or physical

impairment, they are not considered students with disabilities under §504.


§504

Otherwise Qualified Defined:

For a student with a disability to be covered under §504, the student must be otherwise qualified,

meaning that a student with a disability must be qualified to do something before the presence of

a disability can be a factor in discrimination. Therefore, if a student wants to participate in some

activity, but the individual is not otherwise qualified for that activity, not allowing the person to

participate would not be considered discrimination. For example, a 15 year old high school

student with ADHD or asthma tries out for the basketball team, but is unable to pass, shoot or

dribble. The coach will probably not allow the student to be on the team. This would not be

considered discrimination under §504 because the student was not otherwise qualified to be on

the team.

Physical or Mental Impairment Defined:

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting

one or more of the following body systems: neurological, musculoskeletal; special sense organs;

respiratory, including speech organs; cardiovascular; reproductive; digestive, genito-urinary;

hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as

intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning

disabilities.

Substantially Limits Defined:

Office of Civil Rights (OCR) has consistently refused to provide a clear definition for the term

“substantial limitation.” Substantial Limitations must be determined on a case-by-case basis,

utilizing the following guidelines:

1. An impairment that substantially limits a major life activity (caring for oneself, doing

manual tasks, hearing, eating, sleeping, walking, standing, lifting, bending, speaking,

breathing, learning, reading, concentrating, thinking, communicating, and working) does

not have to limit other major life activities in ordered to be considered a disability.

2. Significantly restricted as to the condition, manner or duration under which an individual

can perform a particular major life activity when compared to the condition, manner or

duration under which the average person in the general population can perform the same

major life activity.

3. The determination of whether an impairment substantially limits a major life activity

shall be made without regard to the effects of mitigating measures, such as medication,

low-vision devices, hearing aids and mobility devices, with the exclusion of ordinary eye

glasses and contact lenses.

4. An impairment that is episodic or in remission is a disability if it would substantially

limit a major life activity when active.

5. A temporary injury or illness with duration, or expected duration, of six months or less

would not be regarded as an impairment that substantially limits a major life activity.


§504

6. There is no such thing as automatic coverage in Section 504.

a. Section 504 eligibility is not automatically bestowed on a student who is referred

for a special education evaluation and who is subsequently determined not to be

IDEIA –eligible. Letter to Veir, 20 IDELR 864 (OCR 1993).

b. OCR also emphasized in Protecting Students with Disabilities: Frequently Asked

Questions about Section 504 and the Education of Children with Disabilities

(March 2009) that “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.”

c. The standard that should be used to determine if a physical or mental impairment

results in a substantial limitation is average performance in the general

population, not just within a classroom, a school or the school district. Therefore,

the standard used is not based on the optimal performance level for a student, but

rather the average performance of all students in the general population.

A student who is determined to have a disability is not automatically eligible or covered under

§504. The disability must substantially limit a major life activity. Furthermore, simply because a

student is considered for §504 protection does not always mean that the student is eligible.

School personnel must use their professional judgment to determine eligibility.

The Office for Civil Rights (OCR) has stated that educational need is not limited to academic

problems stemming from the student’s disability. Educational need also encompasses

attendance, social and emotional or behavior problems that are linked to the student’s disability

even if the student’s academic performance is within an acceptable range. In other words, the

student’s educational performance need not necessarily be adversely affected to be protected by

§504.

Some examples are students who need accommodations such as insulin shots, asthma treatments,

diapering, etc., in order to attend school. Under the 2008 amendments to the Americans with

Disabilities Act (ADA) Congress added to the discussion of substantial limitations by requiring

that eligibility for Section 504 must also take into account mitigating measures.

According to the new law, A student is disabled under §504 if they have a physical or mental

impairment that WOULD substantially limit them in a major life activity if they were NOT taking

advantage of mitigating measures. The only exceptions to mitigating measures are glasses or

contact lenses.


§504

Section 504 and IDEIA:

The definition of a disability under §504 is much broader than the categorical definitions under

IDEIA. Section 504, because it is a discrimination law, also protects all special education

students.

Common Elements:

A free appropriate education must be provided.

Individual plans must be reviewed at least annually.

Students with disabilities must be educated with non-disabled students to the

maximum extent possible.

Operating guidelines must be developed to identify, locate and serve all disabled

student living in the school district.

Evaluation and service/accommodation procedures must be established.

Differences:

Section 504 is a civil rights law. There is no funding associated with compliance. It is

not a single program or intervention system. The district must simply accommodate

for the disability. Special Education, under IDEIA, is partially federally funded.

Interventions are specific and compliance is strictly monitored.

Section 504 is monitored by the Office for Civil Rights. IDEIA is monitored by the

Department of Education.

Section 504 covers all activities of the district and includes employees, parents, or

anyone coming to school sponsored activities. IDEIA only covers specific students

who must meet very clear eligibility requirements and who need specially designed

instruction.

The definitions of disability in each law are different.

Evaluation to determine eligibility is different for each law. Section 504 does not

require as comprehensive an evaluation to determine if there is a disability as must be

done under IDEIA. Observations, medical information and professional judgments are

considered legitimate sources of evaluation under §504. There are no timelines for

evaluation under §504 as there are under IDEIA. Under §504 evaluations may be

completed “within a reasonable period of time.”

Section 504 is intended to “level the playing field” usually by eliminating barriers and

providing reasonable accommodations. IDEIA requires a program of services with

measurable and individual goals that must regularly be documented.

§504 / IDEIA - Dual Disability:

Some students with disabilities will be eligible for educational services under both §504 and

IDEIA. All students with an Individualized Education Program (IEP) under IDEIA are

automatically covered for non-discrimination under Section 504. No additional §504

accommodation plan is required.


§504

In some rare cases, students already receiving services through special education may qualify for

§504 accommodations because they are identified with an additional disability. These students

will have §504 accommodations addressed by the ARD committee in the IEP. The disabilities

under §504 are not necessarily qualifying disabilities in special education, but because the

student is already receiving special education services their §504 accommodations are addressed

in an ARD meeting. The most common example is a student identified as having a speech or

language disability along with asthma or some other medical disability.

Age of Eligibility:

Students with disabilities under §504 are eligible for accommodations while they are of legal

school age. Based on NEISD Board Policy students may enroll free of tuition who are over 5

and younger than 21 years of age on September 1 of any school year and have not graduated.

Students who are at least 21 and under 26 may be admitted to the district to complete the

requirements for a high school diploma. These students may continue to receive §504

accommodations.

Free Appropriate Public Education:

A student who has a current §504 disability that substantially limits a major life activity in the

educational environment is entitled to a free appropriate public education (FAPE). This means

that the provision of accommodations in regular or special education and related aids or services

designed to meet individual needs is part of the civil rights of the student. This education must

be provided without cost, except for fees that are also paid by non-disabled students.

A student who has “a record of” or “is regarded as” disabled, but is not currently disabled, is

only entitled to protection against discrimination for his/her prior record or the assumptions of

others. No accommodation plan is required. This student is identified as technically eligible and

will have the condition reviewed on at least an annual basis.

Least Restrictive Environment:

Students supported by §504 must be educated with students who are not disabled to the

maximum extent appropriate to the needs of the student.

However, if a disabled student is so disruptive in the general education classroom that the

education of other students is significantly affected, the student supported by §504 may be

placed in a Discipline Alternative Education Placement (DAEP). (See: Discipline under Section

504 below). A Manifestation Determination Review (MDR) must be held with the §504

committee prior to making the disciplinary decision.

If the student supported through §504 presents with educational needs that may extend beyond

the accommodations provided through §504, the committee may make a referral for an

evaluation for services under IDEIA.


§504

PROCEDURAL SAFEGUARDS

THE RIGHTS OF PARENTS AND GUARDIANS

Notice:

Districts must provide both initial and continuing notice that the district does not discriminate on

the basis of disability in violation of §504. The notice should identify the district §504

administrator by name and title, address and telephone number. This regulation is in Board

Policy and posted on other district publications.

Notice of Rights:

Before the district takes any action regarding the identification, evaluation, or educational

placement of a student under §504, parents/guardians must be provided notice of the actions

proposed. Additionally, the district follows a system for the provision of procedural safeguards

to include notice, a right to inspect records, a review procedure, an impartial hearing with an

opportunity for participation by the student’s parents or guardian and representation by counsel.

To accomplish this, the invitation to §504 Initial/Annual meeting and Notice of Rights forms are

located in the electronic record application.

Student Records:

Parents or guardians shall have the opportunity to examine relevant education records upon

reasonable notice during school hours or at other mutually convenient time by prior arrangement

as noted in district board policy.

Complaints:

Parents or guardians who allege that the school district has violated the provisions of §504 may:

1. File a complaint with the District §504 administrator or campus §504 designee. The

administrator or designee will investigate the allegations to the extent warranted by the

nature of the complaint in an effort to reach a prompt and equitable resolution. The

district administrator may conduct an informal hearing to try and resolve the issues

between the campus and the parent.

Or,

2. File a complaint with the Office for Civil Rights. The address of the Regional Office that

covers Texas is:

Director, Office for Civil Rights, Region VI

1999 Bryan Street, Suite 2600

Dallas, Texas 75201


§504

Phone: (214) 880-2459

Impartial Hearing Process:

In the event of an unresolved disagreement between the parent(s) or guardian and the school

district in regard to the identification, evaluation, or educational accommodation of a student

with a disability under §504, the parent or guardian has the right to an impartial hearing, with an

opportunity to participate and be represented by an attorney.

Parents or guardians who wish to challenge a decision of the §504 committee shall file a written

Parent’s Notice of Appeal or Complaint with the district §504 administrator.

Within thirty (30) days of the date of the Parent’s Notice of Appeal or Complaint requesting a

due process hearing, the district will schedule a hearing before an impartial hearing officer and

provide the parent(s) or guardian with a written Notice of Hearing that sets out the date, time,

and place for hearing and advises them of their right to participate and be represented by an

attorney. Upon good cause shown and at the discretion of the hearing officer, either party may

receive a continuance of the scheduled hearing date. The hearing will be conducted informally

and the Rules of Evidence and Procedure will not apply.

The district shall make an audiotape of the complete hearing. No written transcript will be

required, but the parent(s) or guardian shall be entitled to obtain a copy of the audio tape at

reasonable cost.

The hearing officer will render a brief written decision at the conclusion of the hearing, or, if it is

imperative that the decision be taken under advisement, within thirty (30) calendar days of the

hearing. No written findings of fact or conclusions of law shall be required of the hearing

officer.

The person who serves as impartial hearing officer must not be an employee of the school district

and may not be related to any member of the Board of Trustees in a degree that would be

prohibited under the Nepotism Statute.

The hearing officer need not be an attorney at law but shall have knowledge and skills adequate

to serve as a §504 hearing officer.

The hearing officer will be paid by the school district as an independent contractor for services

rendered in regard to the hearing. The hearing will be conducted without cost to the parent(s) or

guardian.

Review Procedure:

If the parent(s) or guardians do not agree with the decision of the impartial hearing officer, they

may seek a review of the decision by a court of competent jurisdiction.


§504

IDENTIFICATION, EVALUATION,

AND THE INDIVIDUAL ACCOMMODATION PLAN (IAP)

Identification:

A §504 evaluation must be conducted on any student suspected of having a mental or physical

impairment that substantially limits a major life activity and needs or is believed to need

accommodations.

Evaluation Procedures:

Individualized decisions must be based upon information drawn from a variety of sources,

including aptitude and achievement tests, teacher recommendations, medical information,

physical condition, social or cultural background, and adaptive behavior. Information from such

sources must be properly documented and carefully considered. Evaluation data may be formal

and informal.

If there is formal evaluation, tests and other evaluation materials must be validated for the

specific purpose for which they are used, administered by trained personnel according to the

instructions provided by the maker of the test; tailored to assess specific areas of educational

need; and must not be limited to a single IQ score. When a student has impaired sensory,

manual, or speaking skills, tests must be selected and administered to ensure that they measure

whatever they are designed so that the student’s impairment does not penalize the child’s test

score (except where the impaired skills are what the test is designed to measure). If formal

testing is proposed to determine §504 eligibility, the parent or guardian must give permission for

such evaluation.

Frequency and Scope of Evaluations:

An individual §504 evaluation must be conducted before action is taken regarding an initial §504

accommodation plan. An evaluation under §504 may consist of a meeting to review and discuss

current evaluation data as set forth in the evaluation procedures. A reevaluation must be

conducted before any subsequent significant change in accommodations or placement takes

place. Students with disabilities eligible under §504 shall be reevaluated every three years or

more frequently if conditions warrant.

Decisions -The §504 Committee:

A §504 committee consisting of a group of persons (at least two) must evaluate and make

accommodation decisions. These individuals must be knowledgeable about the student, the

nature and severity of the suspected disability, the meaning of evaluation data, accommodation

options, the least restrictive environment requirement, and the comparable facilities

requirements.


§504

Accommodations Provided by a §504 Committee:

All decisions are individualized. Accommodations are designed to meet student needs for

equitable access to a FAPE as adequately peers who do not have a disability.

Eligible students are entitled to reasonable accommodations that ensure students access to the

same or, in some cases, separate but equal instruction, services, activities, and physical facilities

provided for students without disabilities.

Attendance laws may not be waived as part of an accommodation plan.

When accommodations are being provided according to the §504 plan, a student may

receive failing grades if they do not accomplish the passing standards set by the district.

The assignment of course credit, grades, and grade placement may not be waived in an

accommodation plan.

Eligibility for §504 does not provide for exemption from district assessments or the

statewide assessments (STAAR/EOC).

There are numerous accommodations that may be necessary for students with disabilities under

§504. An accommodation is an adaptation or adjustment that is needed to “level the playing

field.” Because students qualifying for §504 can have a variety of needs.

Section 504 accommodations determined by the §504 committee and permitted by TEA testing

guidelines can be used for state assessments as long as the student has found independence and

success in using the accommodation on a routine basis.

There are numerous accommodations that are considered to be reasonable for use under §504.

These may include, but not be limited to structuring the learning environment; assisting with

personal organization for school applications, use of instructional materials, and instructional

techniques, adjusting test construction and administration, or the creation of a medical action

plan. The following table offers a few suggestions. This list should not be considered as a

menu, but rather, a clarification of the types of accommodations that may be identified for a

student.

Examples of potential accommodations may include:

Environment Instruction / Learning Organization

Preferential seating (describe)

Student work space

Scheduled breaks

Study carrels or partitions

Removal of allergens

Proximity control

Classroom structure

Restructure assignments or

tests by creating milestones within the piece

Questioning techniques to

increase focus on essential

information

Assignment Notes / Calendar

Timelines / Time Management

Specific time extensions

Notebooks / Folders

Goal setting

Homework accountability plan


§504

Medical / Health Instructional Materials / Tools Assessments

Action plans

Health Management Plans

Medication Administration

Requests

Differentiated Materials

Calculators / Manipulatives

Graphic Organizers

Outlines / Notes

Statewide assessment accommodations are listed on

the TEA Website

Students who do not or no longer qualify under IDEIA

Students referred for special education who do not meet the specific criteria for eligibility under

a special education category, or are being dismissed from special education as no longer

disabled, are not automatically eligible for §504. When the Admission, Review and Dismissal

(ARD) process determines that the student does not initially qualify or no longer qualifies with a

disability under IDEIA a §504 committee must complete an evaluation based on the civil rights

of a student who has been regarded as having a disability. This takes place in a separate meeting

from the ARD after data has been collected and notice to the parents provided.

When a parent decides to revoke IDEIA Special Education Services

Revocation of services under IDEIA does not automatically qualify a student for §504 services.

Eligibility for services under §504 depends on the identification of a current physical or mental

impairment that substantially limits the student’s ability to learn or another major life activity.

The decision will be determined by the §504 committee after reviewing the student’s evaluation

data. If an IAP is developed it must meet the standard of §504 accommodations and not imply or

design course modifications or specially designed instruction that is afforded by special

education. When a §504 IAP is not developed, it must be noted that the student has “a record of

having a disability” and, to the extent possible, should not be discriminated against.

SECTION 504 ADMINISTRATIVE LEADERSHIP

Richard A. Middleton Education Center (RAMEC)

8961 Tesoro Drive San Antonio, Texas 78217

The district has designated Janice Greer DeHaven as the §504 Administrator for students.

(210) 407-0249.

The district has designated Janet Tracy as the §504 Program Coordinator for students.

(210) 407-0283.


§504

IMPLEMENTATION AND §504 OPERATING GUIDELINES

§504 Administrator will:

Ensure that the district annually notifies students with disabilities and their parents or

guardians that the district does not discriminate on the basis of disability.

Provide written notice to parents of their due process right to an impartial hearing

when they have a concern or complaint about the district’s actions regarding the

identification, evaluation, or educational placement of a student’s with disabilities.

Investigate and assist in the resolution of parental complaints/grievances.

Arrange for an impartial hearing when a parent challenges, in writing, the actions of

the §504 committee related to a student’s identification, evaluation, and placement.

§504 Program Coordinator will:

Be familiar with §504 procedures, terms and operating guidelines.

Assist and train campus §504 coordinators in the understanding and implementation

of §504 operating guidelines.

Annually, with campus assistance, locate and identify §504 students.

Assist schools in determining the appropriate action on student referrals, evaluations

and accommodations.

Participate with the §504 Administrator in the administration of the program.

Campus §504 Coordinator will:

Attend the district’s annual §504 training.

Be familiar with §504 procedures, terms and operating guidelines.

Coordinate referrals on campus.

Assist and train campus staff in the understanding and implementation of Section

§504 operating guidelines.

Annually, notify students with disabilities on campus and their parents that the

district does not discriminate on the basis of disability. (Student Handbook).

Annually, provide the Notice of §504 Rights to parents or adult students.

Investigate and document campus-based parental concerns/complaints.

Complete an annual §504 accommodation plan for all eligible students.

Ensure that the IAP is given to the individual student’s teachers.

Refer grievances and unresolved complaints regarding §504 issues to the district

§504 Administrator.

Campus §504 Committee will:

Be composed of persons knowledgeable about the student, the meaning of the

evaluation data, and the placement options. Composition will vary on a case-by-case

basis, but no less than two persons must participate in the meeting.

Be chaired by the Campus §504 coordinator or appointed designee who has been

trained in the process.


§504

Create an individual accommodation plan for each eligible student. The plan must be

based on the most current (within three years) evaluation and referral information.

Campus Principal or designee will:

Refer grievances and unresolved complaints regarding §504 issues to the district §504

Administrator.

Ensure campus implementation of all student accommodation plans.

Annually designate a campus §504 coordinator from the administrative leadership

team to manage the §504 process and maintain documentation in students’ folders.

Referral Process:

Parents or guardians may make a referral to the campus §504 coordinator who will complete the

§504 Referral Form.

Any non-district entity, such as, a physician licensed to practice in the United States may make a

referral to the campus §504 coordinator.

Campus staff may refer students suspected of having a physical or mental impairment that

substantially limits a major life activity by contacting their campus §504 coordinator.

All appropriate and knowledgeable staff member will work with the campus §504 coordinator

when considering a §504 referral.

Parent or Guardian Notice:

Once a §504 referral is made, the §504 campus coordinator must inform parents or guardians of

the referral and the impending evaluation by sending the §504 Notice in the parent or guardian’s

native language or use an interpreter when needed.

Evaluation:

A §504 evaluation must draw upon information from a variety of sources including aptitude and

achievement tests, teacher recommendations, physical condition, medical information, social or

cultural background, and adaptive behavior.

If additional evaluation is needed, the campus §504 designee will request additional data from

appropriate personnel. If formal testing is needed, parental permission must be obtained prior to

testing. Formal test instruments, if used, shall be validated for the specific purpose for which

they are developed. Information from outside sources, such as physicians, psychiatrists, or

psychologists, must be considered by the §504 committee.

Completion of the §504 evaluation documents should include the name of the physician or other

person providing the evaluation data along with the diagnosis or disability determined to be the

physical or mental impairment that may make the student eligible for §504 accommodations.


§504

Section 504 Committee meeting:

Once the evaluation information is completed, a §504 committee meeting will be scheduled and

the parent will be notified of the meeting and required to attend. Decisions should be based on

all information the §504 committee assesses to be a “true picture” of the student in the school

setting. Multiple sources of information including both outside resources and school data is used.

When appropriate, students are encouraged to participate in their §504 IAP meetings.

The §504 Committee will:

review current evaluation information to determine if a §504 disability exists

develop an individualized accommodation plan (IAP)

consider the least restrictive environment and recommend placement

sign and date the record of the meeting using the district electronic documentation system

Students in AP/Honors Courses or Academically Above Average and §504 Eligible:

Under §504, all students must demonstrate both an impairment and a substantial

limitation in a major life activity. These limitations may include academic, behavioral or

access problems that interfere with students receiving a free, appropriate education.

Students in AP/Honors courses or perform academically above average, who also have

medical conditions that interfere with their classroom attendance or access to the

education setting may be §504 eligible. Homebound services must be considered. The

need for long-term homebound instruction for chronic medical conditions may constitute

eligibility for the category of “Other Health Impairment” and the need for special

education services.

Section 504 is intended to remove discriminatory barriers – not to assist students in

reaching their maximum potential.

Section 504 is intended to protect students in average classroom settings. This precludes

consideration of changing academic standards in competitive classroom settings such as

AP or Honors.

Reevaluation:

Eligible students with disabilities under §504 shall be reevaluated every three years (or more

frequently if conditions warrant). Formal evaluation requires parental consent. Less formal

reevaluation data may include, for example, updated medical reports, prescriptions or continued

service by a reading specialist qualified to determine dyslexia. A reevaluation must also be

conducted before any significant change in placement (i.e., more than ten (10) school days) takes

place.


§504

Discipline under Section 504:

Before an expulsion or placement in the District Alternative Education Program (DAEP), which

results in a significant change in placement (i.e., ten (10) school days or more), the §504

committee must conduct a manifestation determination meeting to decide whether there is a

direct and substantial relationship between the student’s conduct and his/her disabling condition

and/or if the conduct in question was the direct result of the school’s failure to implement the

IAP. The campus school psychologist may be a consulting member of this §504 committee.

Such a determination should be based on current evaluation data.

If it is determined by the §504 committee that the misconduct is not related to the student’s

disabling condition and the conduct in question was not the direct result of the school’s failure to

implement the IAP, the student may be expelled or placed at the DAEP in the same manner as

non-disabled students.

During the term of expulsion or DAEP placement there cannot be a complete cessation of

accommodations. The §504 committee should determine the type of accommodations necessary

during this placement.

If there is a direct and substantial relationship between the disability and the behavior that results

in expulsion and/or if the conduct in question was the direct result of the school’s failure to

implement the IAP, the §504 committee may consider other disciplinary options. If the

committee determines expulsion is an appropriate consequence, they may agree to the expulsion.

Students who violate rules concerning use or possession of drugs, alcohol or weapons as set forth

in the District Student Code of Conduct will be enforced evenly with respect to all students, both

disabled and non-disabled. No §504 accommodations are required if a student is using drugs or

alcohol.

Dismissal from Section 504:

The §504 Committee must:

Draw on information from a variety of sources, including testing, teacher

recommendations, physical condition, information from outside sources, social and

adaptive behavior.

Document and carefully consider all pertinent data.

Determine if there continues to be a physical or mental impairment that substantially

limits the student’s opportunity to participate in his or her education.

Determine whether any mitigating measures, if not provided, will adversely affect the

student’s access to a free appropriate public education.

If the committee determines that the student is no longer eligible for §504, the decision is

documented in the §504 electronic application and the district’s Mainframe System.


§504

SECTION 504 and the RESPONSE TO INTERVENTION (RtI) PROCESS

All schools in North East ISD are implementing instructional and behavioral interventions that

are recorded as the Response to Intervention (RtI) Process - a system for defining a student’s

needs and identifying interventions and/or strategies for academic and behavioral success.

Some students will demonstrate sufficient growth and improvement with Tier I and Tier II

intervention strategies, some students will present complex needs requiring a team approach to

generating strategies of a more intensive or specific nature. A small group of students may

require additional programs of specially designed instruction through IDEIA.

During the implementation of RtI strategies or at any time the committee suspects a disability

and a need for accommodations, the committee may determine if a referral for possible §504

eligibility should be made. Once a referral is made, the required evaluation data, notifications

and other §504 procedures are implemented.

Making a referral during the RtI process follows the same process as any other referral.

Frequently, characteristics of dyslexia are presented by the student during RtI processes and may

trigger a referral for a §504 evaluation. This does not change the RtI process and efforts made to

close specific gaps in skills.

The §504 committee is vested with determining if a student has a physical or mental impairment

that substantially limits a major life activity.


§504

SECTION 504 COMMITTEE RECORD MAINTENANCE

Admittance to §504:

Use the electronic §504 application to document and archive the notice, consent,

evaluation, and plan designed for the student.

Maintain a scanned copy of the §504 record signature page in the student’s §504

electronic record.

Initial and subsequent annual §504 IAPs are maintained in the student’s record.

Disseminating Information to Teachers:

Communicate with all campus staff who need to know the student’s §504 plan.

Obtain a receipt of accommodations from each individual with whom the record is

shared.

Historic Identification in the Cumulative Record Folder:

Section 504 documentation must be maintained in the cumulative record folder for each

student.

Campuses may choose whether to use a folder system within the cumulative file or place

a copy of Notice of Section §504 Identification on a brightly colored piece of paper to

designate a subsection of the cumulative record folder.

a. Should the student withdraw and records are requested, the registrar can easily see

that a §504 record exists. Information can then be forwarded to a requesting

school.

b. This also helps when someone pulls that student’s folder. The bright copy of the

Notice of Section §504 Identification is an immediate indicator.

New Maintenance of Record Directives

NEISD initiated a paperless record system for a cumulative files beginning with the

2016-2017 school year.

All historic/official §504 documents must be uploaded to the Docuware system as

directed by the district.

From this point forward, all §504 documentation will be uploaded to the §504 electronic

application identified by the district. This may include:

a. Notice

b. Receipt of Rights

c. Evaluation

d. Consent for confidential information forms

e. Reports from treating physicians/professionals

f. Individual Accommodations Plan

g. Quarterly reports on usage of accommodations


§504

h. Receipt of accommodations documentation from teachers

i. Other pertinent information

When a student withdraws from the district and records are requested, the §504 needs to

be included to ensure that the student’s §504 protections are consistent.

Transferring §504 Folders within NEISD:

Campus §504 coordinators must follow Transfer of Records Policy.

Communicate with the campus §504 coordinator at the receiving campus about any

unusual or significant §504 situations that may be significant to the student.

Handling Withdraw/Dismissed §504 Student Folders:

Inactive §504 information should be kept with the student’s cumulative record for five (5) years

from the date of cessation of services (dismissal or withdrawal). Note the date of exit on the

Notice of §504 Identification in the front of the cumulative record file. The §504 record remains

with the cumulative record and follows the procedures for cumulative records.

Documents

Manual for District Employees - North East Independent ... · Manual for District Employees Update 2016-2017 . ... Education) are also considered to be disabled under §504. In other