MEETING THE NEEDS OF ALL STUDENTS

Judith A. Billings

State Superintendent of Public Instruction

John Pearson

Deputy Superintendent

Instructional Programs

Doug Gill

Director

Special Education

Jim Rich

Program Supervisor

Secondary Special Education/Transition

This material is available in alternative format upon request.
Revised September 1994

Table of Contents

Appendices

Introduction

With the passage of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 is receiving more and more attention. A recent joint memorandum from the U.S. Department of Education and the Office for Civil Rights regarding the eligibility of students with attention deficit disorders reiterated the requirements of Section 504 and the Individuals with Disabilities Education Act (IDEA). Many questions have arisen regarding the relationship between the ADA, Section 504, and the IDEA. Special education administrators have requested the Office of Superintendent of Public Instruction (OSPI) to provide technical assistance to school districts to assure compliance with these statutes.

To address these issues, OSPI has developed this document, in cooperation with Region 10 of the Office for Civil Rights, to assist school districts in serving all of their students with disabilities in a way that assures a quality education which is in compliance with state and federal laws. This document includes a detailed explanation of Section 504, and its procedural requirements, sample procedural documents, highlights of the major differences between Section 504, the ADA, and the IDEA, a flow chart for implementation, sample accommodation plans, and suggestions for working with the Office for Civil Rights.

Acknowledgments

Various documents from throughout the United States have been used in the development of this reference document. OSPI gratefully acknowledges the following organizations for sharing with us their Section 504 materials for use in this publication.

Council of Administrators of Special Education Inc. (CASE)

Florida Department of Education

Oregon State Department of Education

Arizona Department of Education

Anchorage School District

Kennewick School District No. 17

This manual is distributed for informational and resource purposes only and does not represent legal advice. Consult with your own counsel prior to taking any final action.

This manual or any part of the manual may be reproduced for educational purposes without permission of the authors.

SECTION 504 OF THE REHABILITATION ACT

Section 504 of the Rehabilitation Act of 1973 is a civil rights statute which provides that: "No otherwise qualified individual with disabilities in the United States . . . shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or activity conducted by any executive agency or by the United States Postal Service." 29 U.S.C. 794.

Definitions

Who is an "individual with disabilities?"

An individual with disabilities is the same as "a person with disabilities" defined in 34 CFR 104.3(j). That definition is as follows:

(j)"Person with disabilities." (1) "Persons with a disability" means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.

The legal definition contained in Section 504 does not set forth a list of specific diseases and conditions that constitute physical or mental impairment because of the difficulty of ensuring the comprehensiveness of such a list. However, the definition includes such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; attention deficit disorder (ADD); attention deficit hyperactive disorder (ADHD); acquired immune deficiency syndrome (AIDS); and human immuno deficiency virus (HIV) positive.

There are three criteria used to qualify a person as an individual with disabilities under the regulations.

1. A person is considered disabled under Section 504 if she/he has a physical or mental impairment which substantially limits one or more major life activities (e.g., any student who is eligible to receive services under the Individuals with Disabilities Education Act). A physical or mental impairment does not constitute a disability for purposes of this part of the definition unless its severity is such that it results in a substantial limitation of one or more life activities. Thus, cultural, environmental, or economic factors; age; and homosexuality are not covered. However, if a person who has any of these characteristics also has a physical or mental disability, the person is included in the definition.
   
2. A person is considered disabled under Section 504 if she/he has a record or history of such an impairment (e.g., a student with learning disabilities who has been dismissed from the special program for students with learning disabilities, a student identified/diagnosed as having an attention deficit disorder, a student who has cancer, a student in recovery), has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activity. An example of misclassification is a limited English proficient student who is mistakenly determined eligible for the special program for students with a mental disability.
   
3. A person is considered disabled under Section 504 if she/he is regarded as having such an impairment. A person can be found eligible under this section if he/she:
   

• has a physical or mental impairment that does not substantially limit a major life activity but is treated by the district as having such a limitation (e.g., a student who has scarring, a student who walks with a limp); or
  
• has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward such impairment (e.g., a student who has epilepsy and is not allowed to try out for sports or cheerleading); or
  
• has no physical or mental impairment but is treated by the district as having such an impairment (e.g., a student who tests positive for HIV but has no physical effects from it).
  
  

Who is a "qualified" individual with disabilities?

With respect to preschool elementary, secondary, and adult education services, a person with a disability of an age during which persons with disabilities are provided such services, of any age during which it is mandatory under state law to provide such services to persons with disabilities, or to whom a state is required to provide a free appropriate education under Section 612 of the Individuals with Disabilities Education Act, is qualified. 34 CFR 104.3(k) For school districts, this means all school-age persons with disabilities, ages 3-21.

Parents who have a disabling condition are also protected by Section 504. For example, a district should provide an interpreter or some equivalent service to a parent who is deaf in order to ensure that the parent has an equal opportunity to participate in school initiated activities.

What is a "program or activity?"

The term includes all programs or activities of OSPI and of all school districts.

What is a "major life activity?"

Major life activities, under Section 504, includes caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The disabling condition need only substantially limit one major life activity in order for the student to be eligible. 34 CFR 104.3(j).

What constitutes discrimination under Section 504?

Discrimination under Section 504 34 CFR 104.4(b) occurs when a recipient of federal funds:

1. denies a student with a disability the opportunity to participate in or benefit from an aid, benefit, or service which is afforded nondisabled students (e.g., district practice of refusing to allow any student with an individual educational plan (IEP) the opportunity to be on the honor roll, denial of credit to a student whose absenteeism is related to his/her disabling condition, expelling a student for behavior related to his/her disabling condition, refusing to dispense medication to a student who could not attend school otherwise);
   
2. fails to afford the student with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is equal to that afforded others (e.g., applying a policy that conditions interscholastic sports eligibility on the student's receiving passing grades in five subjects without regard to the student's disabling condition);
   
3. fails to provide aids, benefits, or services to a student with a disability that are as effective* as those provided to a nondisabled student (e.g., placing a student with a hearing impairment in the front row as opposed to providing her with an interpreter);
   
4. provides different or separate aids, benefits, or services than are provided to nondisabled students (e.g., segregating students in separate classes, schools, or facilities, unless necessary);
   
5. aids or perpetuates discrimination by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability (e.g., sponsoring a student organization that excludes persons with disabilities);
   
6. denies a person with disabilities the opportunity to participate as a member of a planning or advisory board strictly because of his/her disabling condition;
   
7. otherwise limits the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others (e.g., prohibiting a person with a physical disability from using a service dog at school);
   
8. in determining the site or location of a facility, makes selections which effectively exclude persons with disabilities, denies them benefits, or otherwise subjects them to discrimination (e.g., allowing students with disabilities to be located in inferior facilities, such as trailers, wings in basements, and unnecessarily restrictive classrooms due to a lack of classroom space).
   

It should be noted that the requirements under Section 504 are essentially the same as those under the Washington State Law Against Discrimination and are consistent with the ADA, although the ADA has a broader coverage.

*Note: "Equally effective" means equivalent, as opposed to identical. Moreover, to be equally effective an aid, benefit, or service need not produce equal results; it must merely afford an equal opportunity to achieve equal results.

SCHOOL DISTRICT OBLIGATIONS FOR ELEMENTARY

AND SECONDARY EDUCATION

Educational Setting

Districts must educate students with disabilities with nondisabled students to the maximum extent appropriate to the needs of the students with disabilities. In order to remove a student from the regular educational environment, the district must demonstrate that educating the student in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. 34 CFR 104.34.

Free Appropriate Education

Districts must provide a free appropriate education (regular or special education and related aids and services) to Section 504 disabled school-age children who reside within the district. Instruction must be individually designed to meet the needs of these students as adequately as the needs of nondisabled students are met.

Note: The Section 504 standard of what is appropriate differs from the IDEA "appropriate" standard which requires the district to design a program reasonably calculated to confer educational benefit. Section 504 requires that persons with disabilities be provided aids, benefits, or services that are as effective as those provided nondisabled persons.

Section 504 does not require school districts to develop an individual educational plan (IEP). However, the district should document what evaluations were performed and/or decisions were made regarding each student considered under Section 504.

The quality of educational services provided to students with disabilities must be equivalent to the services provided to nondisabled students. Teachers must be trained in the instruction of persons with the disability in question and appropriate materials and equipment must be available. 34 CFR 104, Appendix A, paragraph 23.

Note: A child does not have to need special education in order to be qualified under Section 504. 34 CFR 104.33(a)(b).

Transportation

If a district places a student in a program not operated by the district, the district must assure that adequate transportation to and from the program is provided at no greater cost than the parent would have paid to transport the child to the district-operated program. 34 CFR 104.33(c)(2).

If a district provides transportation to all its students within a certain geographic area, the district may not discriminate in its provision of transportation to students with disabilities.

If a district proposes to terminate a qualified student's bus transportation for inappropriate bus behavior, the district must first determine the relationship between the student's behavior and his/her disabling condition and provide the parent with notice of his/her rights. If the behavior is related to the disabling condition, the district may not terminate services, but must provide an alternative mode of transportation.

Note: The length of the bus ride for students with disabilities should not be longer than that of nondisabled students.

Residential Placement

Residential placement must be provided at no cost to the parent only if necessary to provide a free appropriate education. 34 CFR 104.33(c)(3).

Nonpublic School Placements Made by Parents

If the district has made available a free appropriate education to a student which conforms to the requirements of Section 504, but the parent chooses to place the child elsewhere, the district is not responsible for any costs incurred. 34 CFR 104.33(c)(4).

Evaluations

If a student with a disability needs or is believed to need special education or related services, the district must evaluate the student prior to initial placement in a "regular or special education program and any subsequent significant change in placement." 34 CFR 104.35(a). A full evaluation is not required when neither the district nor the parent believes that the child with a disability is in need of special education or related services.

The district must establish policies and procedures for evaluation and placement which assure that tests and other evaluation materials:

1. have been validated and are administered by trained personnel;
   
2. are tailored to assess educational need and are not based solely on IQ scores; and
   
3. reflect aptitude or achievement or whatever else the tests purport to measure and do not reflect the student's impaired sensory, manual, or speaking skills (unless the test is designed to measure these particular deficits). 34 CFR 104.35(b).
   

Note: There is no right to an independent evaluation under Section 504.

Placement Procedures

In interpreting evaluation data and making placement decisions, the district must:

1. draw upon information from a variety of sources;
   
2. ensure that all information is documented and considered;
   
3. ensure that the placement decision is made by a group of persons including those who are knowledgeable about the child, the meaning of the evaluation data, and placement options; and
   
4. ensure that the student is educated with his/her nondisabled peers to the extent appropriate, and that any facilities identifiable as being for persons with disabilities are comparable to facilities provided other students. 34 CFR 104.35(c).
   
   

Re-evaluations

Section 504 requires "periodic" re-evaluations. There is no specified time frame. However, school districts will be in compliance if they re-evaluate the student every three years. Additionally, Section 504 requires a re-evaluation before any significant change in placement. 34 CFR 104.35(d).

Examples of significant changes in placement which require re-evaluation include:

• expulsion
  
• single suspensions which exceed ten consecutive calendar days
  
• transfer of a student to home instruction
  
• graduation from high school
  

significant change in the amount or type of education (e.g., changing the student from one period to three periods a day in the resource room or moving the student from full-time regular education to part-day resource room)

Note: A re-evaluation consistent with the IDEA is one means of meeting this requirement.

Nonacademic Services

Districts must provide equal opportunity in areas such as counseling, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs, referrals to other agencies, and employment. 34 CFR 104.37.

1. Counseling: Districts may not counsel students with disabling conditions toward more restrictive career objectives. 34 CFR 104.37(b).
   
2. Physical education and athletics: A district must provide equal opportunity for students with disabilities to participate. A district may offer these activities separately for students with disabilities only if necessary. The district may not deny a student with a disability the opportunity to compete in activities which are not separate. 34 CFR 104.37(c).
   

PROCEDURAL REQUIREMENTS OF SECTION 504

To be in compliance with Section 504, school districts must provide for public notification of their policies of nondiscrimination and of their grievance procedures, and they must publicly identify the person who coordinates compliance. Specifically, districts must do the following:

1. provide written assurance of nondiscrimination. 34 CFR 104.5(a).
   Note: This assurance form is provided by the federal government and districts have made such assurance since 1977.
   
2. designate an employee to coordinate compliance with Section 504. 34 CFR 104.7(a).
   
3. adopt grievance procedures to resolve complaints of discrimination. 34 CFR 104.7(b).
   
4. provide notice to students, parents, employees, unions, and professional organizations of nondiscrimination in admission or access to, or treatment or employment in, its programs or activities. Notice must also specify the responsible employee designated to coordinate compliance. 34 CFR 104.8.
   Note: The student/teacher handbook and the Annual Report are two methods for making initial and continued notification.
   
5. annually identify and locate all Section 504 qualified children with disabilities in the district's geographic area who are not receiving a public education. 34 CFR 104.32(a).
   
6. annually notify persons with disabilities and their parents or guardians of the district's responsibility under Section 504. 34 CFR 104.32(b).
   
7. provide parents or guardians with procedural safeguards: 34 CFR 104.36.
   
   • notice of their rights
     
   • an opportunity to review relevant records
     
   • an impartial hearing with opportunity for participation by parents or guardians and representation by counsel
     
   • a review procedure
     

Persons disagreeing with the identification, evaluation, and placement of their child have several options open to them, including (1) filing a complaint or grievance through the district's Section 504 grievance procedure, (2) requesting a Section 504 due process hearing before an impartial hearing officer, (3) filing a complaint with the Office for Civil Rights (OCR), (4) and/or filing suit in Federal Court.

A district's grievance procedure should include the following: (1) a definition of what constitutes a grievance, (2) time limits between the incident and filing, (3) timelines governing each step, (4) a description of how a grievance is initiated (e.g., oral, written narrative, standard form), (5) where and with whom the grievance is to be filed (an alternative first person contact should be included to ensure that the grievance does not have to confront the person believed to be discriminating), (6) a description of the forum for the grievance process (e.g., fact-finding committee, investigative committee, equity specialist), and (7) specify the appeal process and final decision maker--who informs all parties of the decision, but must not imply that other sources of redress cannot be pursued.

The bottom line requirement for providing safeguards for students who district staff suspect have a disability under Section 504 but not under the IDEA is that qualified persons evaluate the student to determine whether the student does have a disability under Section 504. If the student has a disability under Section 504, placement decisions and provisions of needed aids and services must be made by persons who are knowledgeable of disability conditions and program options.

IDEA AND SECTION 504

A COMPARISON

Section 504 and ADA

A Comparison

Appendix A

SAMPLE

SECTION 504 POLICY STATEMENT

Local school districts may wish to review their existing "nondiscrimination policy" with particular emphasis on Subpart D of Section 504. In some instances, the existing policy may be sufficient. In other instances, districts may wish to revise existing policy or develop a separate statement concerning nondiscrimination in educational programs. At a minimum, a local school district policy should include:

• An affirmative statement that the district does not discriminate on the basis of handicap;
  
• Reference to Section 504 of the Rehabilitation Act of 1973; and
  
• Reference to a referral/evaluation/placement process for students suspected of having a disability under Section 504:
  

Sample Section 504 Policy Statements

Option A

The District will identify, evaluate and provide an appropriate public education to students who are disabled within the meaning of Section 504 of the Rehabilitation Act of 1973.

Option B

It is the policy of the Board of Education to provide a free and appropriate public education to each student with a disability within its jurisdiction, regardless of the nature or severity of the disability.

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services.

Option C

It is the policy of the Board of Education to provide a free and appropriate public education to each student with a disability within its jurisdiction, regardless of the nature or severity of the disability.

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled under this policy even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA). Due process rights of students with disabilities and their parents under Section 504 will be enforced. (name of person) is the coordinator of Section 504 activities.

Appendix B

SAMPLE

SECTION 504/TITLE II GRIEVANCE PROCEDURE

(recipient) has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (Section 504) or Title II of the Americans with Disabilities Act

(Title II). Both Section 504 and Title II prohibit discrimination on the basis of disability.

Complaints should be addressed to: (name, title, address, telephone number) who has been designated to coordinate Section 504/Title II compliance efforts.

1. A complaint must be filed in writing, contain the name and address of the person filing it, briefly describe the alleged discriminatory action, and identify the date the action occurred and the name(s) of the person(s) responsible.
   
2. A complaint must be filed within (number of days) after the complainant becomes aware of the alleged discrimination. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
   
3. Unless the matter can be promptly resolved informally, an investigation will be conducted with respect to all timely filed complaints which raise issues under Section 504 and/or Title II. The investigation shall be conducted by (name of person) . These rules contemplate informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
   
4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by (name of person) and a copy forwarded to the complainant no later than (number of days) after its filing.
   
5. The Section 504/Title II coordinator shall maintain the files and records of the (recipient) relating to the complaints filed.
   
6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within (number of days) to (person responsible for handling appeals) .
   
7. The right of a person to a prompt and equitable resolution of the complaint filed thereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 or Title II complaint with the responsible federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
   
8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that (name of recipient) complies with Section 504, Title II, and their implementing regulations.
   
   
   

Appendix C

SAMPLE

PROCEDURAL SAFEGUARDS/PARENT RIGHTS

There are several times during the planning process when parents/guardians should be provided their rights under Section 504:

1. When eligibility is determined.
   
2. When a plan is developed.
   
3. Before there is a significant change in the plan for services.
   

Notification should include the following rights under Section 504:

1. Right to file a grievance with the school district over an alleged violation of Section 504 regulations.
   
2. Right to have an evaluation that draws on information from a variety of sources.
   
3. Right to be informed of any proposed actions related to eligibility and plan for services.
   
4. Right to examine all relevant records.
   
5. Right to receive all information in the parent's/guardian's native language and primary mode of communication.
   
6. Right to periodic re-evaluations and an evaluation before any significant change in program/service modifications.
   
7. Right to an impartial hearing if there is disagreement with the school district's proposed action.
   
8. Right to be represented by counsel in the impartial hearing process.
   
9. Right to appeal the impartial hearing officer's decision.
   

Section 504 regulations do not establish timelines for submission of a hearing request.

Section 504 regulations do not define "impartial." However, in similar processes, impartial has been defined as a person not employed by or under contract with the district in any capacity.

Section 504 regulations do not require that the selection of the hearing officer be a mutually agreed upon decision between the school district and the parents/guardians.

Appendix D

SAMPLE

PARENT/STUDENT RIGHTS IN IDENTIFICATION

EVALUATION AND PLACEMENT

Please Keep This Explanation for Future Reference

(Section 504 of the Rehabilitation Act of 1973)

The following is a description of the rights granted by federal law to students with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

You have the right to:

1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disabling conditions.
   
2. Have the school district advise you of your rights under federal law.
   
3. Receive notice with respect to identification, evaluation, or placement of your child. Parent consent must be obtained before conducting an initial evaluation and placement.
   
4. Have your child receive a free appropriate public education. This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
   
5. Have your child educated in facilities and receive services comparable to those provided nondisabled students.
   
6. Have your child receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act.
   
7. Have evaluation, educational, and placement decisions based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options.
   
8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
   
9. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.
   
10. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement.
    
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
    
12. A response from the school district to reasonable requests for explanations and interpretations of your child's records.
    
13. Request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time and advise you of the right to a hearing.
    
14. Request mediation or an impartial due process hearing related to decisions or actions regarding your child's identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to ___________________________________.
15. Ask for payment of reasonable attorney fees if you are successful on your claim.
    
16. File a local grievance.
    

The person in this district who is responsible for assuring that the district complies with Section 504 is (name of person)

Telephone Number _________________

Appendix E

WHEN SCHOOL STAFF SHOULD CONSIDER THE EXISTENCE OF A DISABILITY AND POSSIBLE SECTION 504 PROTECTION

• When suspension or expulsion is being considered for any student.
  
• When retention is being considered for any student.
  
• When a student shows a pattern of not benefiting from the instruction being provided.
  
• When a student returns to school after a serious illness or injury.
  
• When a student is referred for evaluation but it is determined not to do an evaluation under the IDEA.
  
• When a student is evaluated and is found not to qualify for Special Education services under the IDEA.
  
• When a student exhibits a chronic health condition.
  
• When a student is identified as "at risk" or exhibits the potential for dropping out of school.
  
• When substance abuse is an issue.
  
• When a disability of any kind is suspected.
  
• When a new building or remodeling is being considered.
  
  
  

Appendix F

APPROPRIATE QUESTIONING SEQUENCE WHEN THE EXISTENCE OF A DISABLING CONDITION IS SUSPECTED

I. Is the student disabled under Section 504 of the Rehabilitation Act of 1973?

A. Definition of "disabled" under Section 504:

• Is any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities; or
  
• has a record of such impairment; or
  
• is regarded (perceived) as having such an impairment.
  

II. If the answer to the question in I above is "yes."

A. Does the student need (qualify for) special education services under the IDEA (formerly EHA or PL 94-142)?

B. What does the student need in order to be afforded access to a free appropriate public education (FAPE)?

C. What is the appropriate placement for the provision of services chosen after consideration of the full continuum of placement options?

• If the appropriate placement is regular education, what interventions or adaptations are needed?
  
• If the appropriate placement is special education, what is the least restrictive environment (LRE).
  

III. If the answer to the question in I above is "no."

A. Maintain documentation about the decision that includes the following:

• The identity of the persons involved in the group that made the decision which reflects that they were knowledgeable about the child.
  
• The evaluation data that was used to make the decision with any interpretations that might be required.
  
• Placement options that were considered.
  

B. Provide written notice of the decision to the parent(s) which must include a complete statement of the parents' and student's rights under the IDEA and Section 504.




Appendix G

The Section 504 Accommocation/IDEA Process Flow Chart was created with Adobe Acrobat. To view this document you must use Acrobat Viewer, available at no cost. Click here to download Adobe Viewer


Appendix H

SAMPLE

PROCEDURES FOR SERVING STUDENTS WITH DISABILITIES UNDER

SECTION 504, REHABILITATION ACT OF 1973

NOTE: Due Process hearing or mediation requests must be made directly to the District 504 Compliance Officer. Districts are responsible for hearing officer and mediator expenses. OSPI encourages districts to first utilize mediation as a method to resolve disputes.

Sample provided by Kennewick School District #17.


Appendix I

SAMPLE

SECTION 504 DISABLED STUDENT NEEDS ASSESSMENT

AND EDUCATION PLAN

SAMPLE

STUDENT ACCOMMODATION PLAN

cc: Student's Cumulative File

Attachment: Information Regarding Section 504 of the Rehabilitation Act of 1973.


SAMPLE

SECTION 504 ACCOMMODATION PLAN

Appendix J

CLASSROOM AND FACILITY ACCOMMODATIONS

As local districts develop policies and procedures for guiding the referral and identification of students determined to be disabled under Section 504, it is critical that information concerning this law and its impact on local school districts be shared with principals and building-level staff. The intent of Section 504 is to "accommodate" for differences within the regular education environment. For this to be accomplished, all staff must be provided with awareness activities and given specific information concerning the district's procedures for dealing with Section 504 referrals.

As individual students are identified, the classroom teacher may need specific training in the area of the identified disability (e.g., training from the school nurse on danger signs of an impending asthma attack, training from a physical therapist on correct positioning of a wheelchair-using student at his/her desk, etc.) The following classroom/facility accommodations are presented as examples of ways in which Section 504 disabilities may be successfully addressed within the regular education environment.

The following information provides examples of ways in which the needs of children with disabilities (or Section 504 disabilities) may be accommodated in the regular classroom environment.