PROCEDURES MANUAL SECTION 504 of the REHABILITATION ACT of 1973

Transcription

PROCEDURES MANUAL
SECTION 504 of the REHABILITATION
ACT of 1973
And The
AMERICANS with DISABILITIES ACT
Revised April 2014
Purpose of this manual and Acknowledgements
The purpose of this manual is to provide direction to school-based staff in their efforts to accommodate
students with disabilities and to prevent discrimination against them in the school environment as
required by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
The School Board of Volusia County
Dr. Margaret A. Smith
Superintendent of Schools
Bambi J. Lockman, LL.D.
Deputy Superintendent for Instructional Services
Dr. Barbara Bush
Director of Exceptional Student Education and Student Services
Vision Statement
“Through the individual commitment of all,
our students will graduate with the knowledge,
skills, and values necessary to be successful
contributors to our democratic society.” (Approved 4/14/92)
An Affirmative Action/Equal Opportunity Employer
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504 MANUAL INDEX
PART I:
• Introduction and brief overview of Section 504 and the
ADA
PART II:
• Procedures and forms for providing accommodations to
students with disabilities
PART III:
• Non discrimination and educational equity
• District grievance procedures
PART IV:
• Discipline of students with disabilities
PART V:
• Guidelines for the use, documentation, and reporting of
seclusion and restraint with students with disabilities
• Guidelines for Test Accommodations
• Section 504 and Gifted
• Data Input (CrossPointe screen shot)
• Transportation Memo (Process for transportation request
for a student within the two mile walk zone)
• FAQs
• PST Memo
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PART I
INTRODUCTION AND BRIEF OVERVIEW OF
SECTION 504 AND THE ADA
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INTRODUCTION AND BRIEF OVERVIEW OF SECTION 504 AND THE ADA
1. Section 504: What is it?
“Section 504” is short for Section 504 of the Rehabilitation Act of 1973. It is an antidiscrimination law that was enacted by Congress in 1973. In essence, Section 504
provides that:
No otherwise qualified 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 benefits of, or be subjected
to discrimination under any program or activity receiving Federal
financial assistance.
29 U.S.C. § 794. In general, the intent of Section 504 is to prohibit discrimination solely
on the basis of disability and to afford equal access for individuals with disabilities to all
programs, activities and benefits offered by federal fund recipients, such as school
systems. With respect to the antidiscrimination provisions of Section 504, the provisions
of the Americans with Disabilities Act (ADA) are the same.
In 1977, the U.S. Department of Education issued regulations in order to clarify
obligations under Section 504. These regulations can be found at 34 C.F.R. § 104 and
their requirements have been incorporated into the procedures contained in this Manual.
2. What “Programs or activities” are covered?
All of the programs or activities operated by the School District of Volusia County are
subject to the antidiscrimination provisions of Section 504 and the ADA. Students with
disabilities, therefore, cannot be discriminated against within the school environment or
with respect to any school activities. As a part of ensuring that equal access is afforded to
students with disabilities, school personnel may be required to provide accommodations
in accordance with the procedures herein.
3. Who is a student with a disability?
The 504 and ADA regulations provide the definitions relevant to determining whether a
student is disabled. An individual with a disability entitled to protection against
discrimination is any person who:
Prong 1:
Has a physical or mental impairment which substantially limits one or
more major life activities. This disabling condition need only substantially
limit one major life activity in order for the student to be protected from
discrimination. Substantial limitation is the key concept in this definition.
Conditions resulting from cultural, environmental, economic factors and
age are not considered to be disabilities under Section 504. As students
with disabilities, part of the protections from discrimination means they
must also be provided a free and appropriate public education (FAPE) in
the form of non-instructional and instructional accommodations.
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Prong 2:
Individuals having 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 Section 504. A
student who has been dismissed from a special program for students with
disabilities would be an example of someone who has a record of having
had a disability.
Prong 3:
Individual who are regarded as having a physical or mental impairment
when in fact such impairment may or may not actually exist are protected
from discrimination under Section 504. Individuals are protected against
discriminatory action based on the recorded or perceived disability and
should be afforded any remedial or corrective aids and services they might
need that are available to the general student population.
For purposes of determining whether a student is in need of accommodations under
Section 504 in order to ensure equal access, the pertinent question is whether the student
presently has a physical or mental impairment which substantially limits a major life
activity.
4. What is a “physical or mental impairment”?
A physical or mental impairment is:
a) 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
b) any mental or psychological disorder.
5. What are “major life activities”?
“Major life activities” include activities such as caring for one’s self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning, working, reading, thinking
and concentrating. The major life activity affected and how it manifests itself in the
school environment is particularly important in determining what accommodations a
student may need in order to equally access a program or activity.
6. What is a “substantial limitation”?
Several courts have found that a student does not have a disability simply because a
particular condition prevents the student from performing a particular activity in a better
or in the best way. Rather, a student’s ability to perform a major life activity is compared
to the ability of the average student to perform the same activity or skill. Thus, if the
major life activity of “learning” is at issue, the fact that a student is making passing or
even below average grades is a factor to consider in determining whether the student truly
has a condition that is “substantially limiting.” Of course, any student who could perform
better in the area of learning than he/she actually is, for whatever reason, should be
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provided extra assistance by school personnel, including the provision of appropriate
instructional assistance. However, a student does not need to be considered “disabled” to
receive that kind of assistance and only where a student is truly disabled and needs
accommodations in the school environment because of an identifiable disability does
Section 504 come into play.
7. What age does Section 504 cover?
With respect to public preschool, elementary, secondary, or adult educational services, a
disabled person is qualified if he or she is (i) of an age during which nondisabled persons
are provided such services; (ii) of any age during which it is mandatory under state law to
provide such services to disabled persons; (iii) or is an individual to whom a state is
required to provide a free appropriate public education.
8. What programs and services must comply with the requirements of Section 504?
All programs, services, and activities of the Florida DOE, school districts, community
colleges, universities, and public and private schools that receive federal financial
assistance must comply with Section 504 requirements.
9. How is a student evaluated for Section 504?
Schools have a responsibility to attend to the needs of struggling learners. Students may
have academic difficulty for a variety of reasons, many of which might be unrelated to a
specific disability. It is important that school and district personnel involved in
identifying the concerns engage in the, Problem Solving Team and Response to
Interventions process.
10. Who can refer a student for Section 504 determination?
A parent, guardian, teacher or other school staff may express a concern about a student’s
need for additional support. Usually the process would begin with a meeting between the
student’s parents and teacher. If there is a need for further interventions, a referral to the
Problem Solving Team process would be appropriate. The required documentation for
each step in the process would be completed.
11. Are students who are receiving ESE/special education services covered by
Section 504?
Obviously, students with disabilities that adversely affect the major life activity of
learning are disabled and, therefore, cannot be discriminated against. Such students,
however, are generally found eligible for and are educated through the special
education/ESE process contemplated by the Individuals with Disabilities Education Act
(IDEA) and are provided special education and related services through an Individual
Education Plan (IEP). ESE students, therefore, are protected against discrimination under
Section 504, but their learning needs require more than regular education
accommodations such that IDEA comes into play. Where a student is suspected of
having a disability that is significantly affecting the major life activity of learning, school
personnel should first follow the process of referring the student for ESE consideration to
determine whether more than accommodations are required. After the referral process is
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complete and evaluations are conducted, if the student is found not eligible for ESE
services, then a referral may need to be made to consider whether there is a physical or
mental condition that constitutes a disability for which additional accommodations under
Section 504 may be necessary in the regular education environment.
12. What are some examples of students who may be covered under Section 504 but
are not covered by the IDEA?
There are students who may need accommodations under Section 504 to provide them
equal access to school activities and programs but who may not need special education
and related services under IDEA. Such students could include the following:
1. Alcoholics or drug addicted students, if they are not currently engaging in the illegal
use of drugs;
2.
Students with diseases, such as AIDS, tuberculosis or Hepatitis-B;
3. Students with medical conditions, such as juvenile rheumatoid arthritis, asthma, severe
allergies, diabetes, heart disease, epilepsy or Attention Deficit Hyperactivity Disorder
(ADHD);
4. Students who are physically disabled but not in need of special education services, such
as a student with cerebral palsy who needs a special desk or a student who needs only
catheterization or some other school health service;
5. Students with temporary disabilities, such as students with broken limbs or students
otherwise injured in accidents.
13. Is every student dismissed from ESE automatically covered?
No, every student dismissed from ESE is not automatically covered under Section 504 or the ADA.
However, when a student is dismissed from ESE, an ESE contact should notify the school-based
Section 504 Contact to ensure a smooth transition and to ensure that the student’s once-identified
disability does not begin again to adversely affect educational performance such that
accommodations or a referral for ESE is needed.
14. Is every student referred for an ESE evaluation and found ineligible automatically covered
under Section 504?
No, when a student is evaluated and found ineligible for ESE services, this does not mean that he or
she is automatically disabled under Section 504 or the ADA. However, an ESE contact must notify
the school-based Section 504 Contact of the determination of ineligibility so that the school-based
504 Committee can meet and ensure that the student is not in need of accommodations under Section
504.
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15. Are there general compliance procedures required by Section 504 and the ADA?
With respect to preventing discrimination and providing accommodations to students with
disabilities, the School District must maintain general compliance procedures as follows:
a) District Assurance: The School District of Volusia County must provide to the
U.S. Department of Education written assurance of nondiscrimination as a
condition of the receipt of federal financial assistance. Such an assurance is
signed annually by the Superintendent.
b) Appointment of District Section 504 Coordinator: The District must appoint a
Section 504 Coordinator. Contact District ESE/SS for information and/or VCS
district website.
c) Appointment of School-based Section 504 Contact: Each school principal shall
appoint a school-based Section 504 Contact who will be responsible for following
the procedures contained in this Manual and implementing its provisions.
d) Notice of Nondiscrimination: The District must provide notice to students and
parents of School Board Policy 507, Non Discrimination and Educational Equity.
The notice contains the name of the District’s Section 504 Coordinator and is
posted in each school. In addition, students and their parents must be notified
annually of the District’s responsibilities under Section 504.
e)
Informal Grievance Procedures: The District maintains informal grievance
procedures to resolve complaints of discrimination under Section 504 pursuant to
School Board Policy 508. These grievance procedures are contained in Appendix
III of this Manual. Any complaints regarding the provision of free appropriate
public education to a student are handled through the School District’s ESE
process as required by the Individuals with Disabilities Education Act (IDEA)
f) Notice of Parent Rights: Parents are entitled to notice of any action taken and of
their rights under Section 504. This is accomplished through the use of Notice of
Parent Rights under Section 504 of the Rehabilitation Act of 1973.
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PART II
PROCEDURES AND FORMS FOR
PROVIDING ACCOMMODATIONS TO
STUDENTS WITH DISABILITIES
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Addressing Section 504 through the Problem Solving Team (PST) Process
As indicated in this manual, Section 504 is a federal civil rights statute enacted to ensure nondiscrimination against persons with disabilities. Furthermore, and pursuant to Florida law and the No
Child Left Behind Act of 2001, public schools have the responsibility to address the needs of struggling
learners. Clearly, students may have academic difficulties for reasons unrelated to a specific disability. It
is important that those individuals involved in identifying the concerns engage in a collaborative
problem-solving process. In Volusia County, the Problem Solving Team is the entity tasked with
addressing the needs of students suspected of having a disability. This is accomplished through the PST
process which seeks to identify and document the area of concern, develop interventions to
appropriately address the area of concern, monitor the students subsequent performance and
ultimately determine what, if any, additional services or accommodations a student might need.
This team of professionals will follow the steps of Volusia County Schools’ problem solving model to
determine:
Problem Identification (What is the problem?)
Analysis of the problem (Why is it occurring?)
Intervention Implementation (What do we do about it?)
Response to Intervention (Is the plan working?)
504 Chairs and other relevant stakeholders should refer to Section 504 of the Rehabilitation Act and
Americans with Disabilities Act Questions and Answers contained within this manual. In addition, it is
important to follow the procedures outlined in the Volusia County Schools Problem Solving Team
Manual available through www.volusia.k12.fl.us/pst for more specific information.
The following forms are utilized when addressing a student who has significant academic or behavioral
concerns impacting learning or whose parents are requesting a 504 plan because of a suspected or
documented disability.
• The PST Parent Invitation letter is sent when a parent requests a 504 meeting or when the area
of concern impacting learning has been addressed through targeted interventions and a need
for further assistance (and/or possible consideration of a 504 plan) is warranted.
• PST 1 is completed by the teacher and appropriate student services personnel as indicated in
the PST manual.
• PST 2 serves to document parent contacts regarding the area of concern and consultations with
others.
• PST 3 is critical to document how the student is performing compared to expected benchmarks
(i.e., above expectations, meeting expectations, below expectations). This step is important in
documenting whether the suspected disability is in fact impacting the major life activity of
learning.
• PST 4 is utilized by teachers or other educators to identify implemented interventions and
response to intervention.
• PST 5 is completed by the teacher or 504 contact and submitted to the PST Chair with PST 1-4
and other relevant 504 paperwork.
• PST 6 is used to identify the problem (e.g., off task, not completing work) and to analyze why the
problem is occurring.
• PST 6B is utilized when addressing students with behavioral concerns. When the suspected
disability impacts learning and behavior (e.g., ADHD) it is particularly important to determine
the function of the behavior in order to develop appropriate behavioral interventions. In these
cases, it is important to complete the section under “Other Contributing Factors” whereby the
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•
•
team is asked to determine if there is documentation of a medical concern that may explain the
behavior and the documented medical concern. The response to this section will help to
determine if in fact a disability has been documented which may justify the need for a 504 plan.
PST 7 is utilized by teachers or other educators to identify implemented interventions and
response to intervention.
PST 8 is utilized by the Problem Solving Team to determine recommendations, including the
development of a 504 plan when a student meets 504 eligibility criteria.
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School District of Volusia County Schools, Florida
SECTION 504 CONSIDERATIONS
Student’s Name: _____________________DOB_________ ALPHA: ________Grade_________________
Date: ___________ School: _____________________________________________________________
Your relationship to the student __________________________________________________________
Describe the student’s physical or mental condition about which you are concerned:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Describe how the physical or mental condition affects the student’s ability to engage in school activities:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Signature
Date
Date form received by the 504 Contact _____________________________________________________
Date reviewed by PST chairperson_________________________________________________________
Signature of 504 Contact ________________________________________________________________
Created 11/08 by Student Services
Copies Section 504 Compliance Folder and Parent
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2008-VCS
Archives & Records Management
School District of Volusia County
P.O. Box 2118 – DeLand, FL 32721-2118
(386) 734-7190 ext. 20433
SCHOOL ADDRESS & PHONE NO. ⇒
STUDENT RECORDS RELEASE AUTHORIZATION
Type or Print
Instructions: This form is to be used by the eligible parent/legal guardian (parents of a "dependent student" as defined by the
Internal Revenue Code) or eligible student (age 18 or attending a post secondary educational institution) to request and authorize
the release of student information.
The eligible parent/legal guardian or student must provide a legible copy of his/her photo identification with all inactive student
records requests. Photo identification may be required to release current student information.
Requests for student information will not be processed without the proper fee and photo identification.
I authorize the School District of Volusia County to: (check one)
Obtain from
Release to (There is a $1.00 fee to certify each records request for inactive student information.)
Name of Agency/Person _________________________________________________________________________
Address _______________________________________________________________________________________
City _____________________________________ State _________________________ Zip ____________________
Records of (full name while in school): __________________________________________________________________
Last
First
Middle
Maiden
Date of Birth___/___/______Daytime Phone (
)______________ ALPHA Code (current students only) __________
Last Volusia County Public School attended _______________________________ Date last attended ____/____/_____
RECORDS REQUEST (please check) Academic Records:
Individual Request:
Proof of Graduation*
Birth Date Verification*
Transcript (high school)
SAT/ACT Scores*
Standardized Tests*
Permanent Record *
Immunizations*
ESE Records
Psychological
Other_________
Upon request, transcripts may be released to a college representative for athletic scholarships without individual signed release
forms.
Yes
No
If sending to address other than above, send record(s) request to: ____________________________________________
____________________________________________
____________________________________________
____________________________________________
AUTHORIZATION STATEMENT AND SIGNATURE
I authorize the School District of Volusia County, Florida to release or obtain the information specified above to the agency or
individual above.
I understand that as a eligible parent/legal guardian or eligible student who is 18 years of age or attending a post secondary
education institution, I have the right to review all records or student information being forwarded to the receiving party prior to
release. I have also been informed that I have a right to a hearing to contest any information contained in requested records prior to
release. I hereby authorized the release of records or information requested.
Signature _____________________________________________________ Date ______________________________
Eligible Parent/Legal Guardian, Student 18 Years of Age or
Student Attending Post Secondary Educational Institution
FOR OFFICE USE ONLY
Amount Received
$________________
Date Received:
Walk-in Date:
Date Sent:
By:
Distributed by Archives & Records Management - Rev. 5/2006
2006-341-VCS
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School District of Volusia County Schools, Florida
PHYSICIAN’S STATEMENT
To: ______________________________________
Student’s Name: ____________________________
Date of Birth: ________________________
Parent(s): __________________________________
School: _____________________________
Date: ______________________________________
The School District of Volusia County seeks information from you for the purpose of educational
planning for the above-referenced student. Please complete the form below, sign and return it to the
designated school agent listed below.
Nature and extent of any physical/health/medical condition about which school personnel should be
aware:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Date of onset of condition(s): _________________
Prognosis: _______________________________
Medications prescribed (if any): ____________________________ Dosage: _______________________
How does the above-referenced condition(s) impact upon the student’s major life activities, if at all?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Physician’s Name
Phone number
Physician’s Signature
Date
Please return form to:
Date received by 504 Contact: ____________________________________________________________
Created 7/04 by Special Needs
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2005-069-VCS
VOLUSIA COUNTY SCHOOLS
PST PARENT INVITATION
Date: _________________________
School:________________________________________________
Dear Parent or Guardian,
We are committed to meeting the educational needs of all of our students so that each child in our district will have
the opportunity to be successful in school. To ensure that we positively address the needs of students, we routinely
schedule meetings to explore solutions for those students who may be having difficulties in school. Your child has
been brought to the attention of our Problem Solving Team (PST) because of concerns in the area(s) of:
Our Problem Solving Team is made up a number of professionals who will be meeting with your child’s teacher.
During this meeting, we will discuss how your child is currently achieving and develop positive solutions to address
the area of concern. Your input and involvement regarding your child is valuable and we look forward to you joining
us for this important meeting. If you cannot attend this meeting, it will be held as planned. We will follow up with you
to share the results and recommendations of the meeting. Please complete the form below indicating whether you
will be able to attend and return this form within 5 days to your child’s teacher or within 5 days
call ___________________ at this number_________________ to indicate if you can attend. If you need further
information, please feel free to contact your child’s school and ask to speak with the PST Chair.
Child’s Name:_____________________________________________________________
Date/Time of Meeting: ______________________________________________________
Location:_________________________________________________________________
Parent/Guardian: Please check one of the following:
____ I will be able to attend.
____ I will not be able to attend.
___________________________________________________________________________________________
Parent/Guardian Signature
Home/Work Phone
Date
Note: Florida Statute 1003.26 requires a mandatory PST meeting with the parents of all students who develop
patterns of nonattendance.
Revised: 1-12-2009
Owner: Psychological Services
Completed by: PST Chair
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2009-021-VCS
Print Locally
Student Data Collection: Data Warehouse & Cumulative Review
PST 1
Student:
Attendance
Concerns
Multiple school
enrollment history
Vision concerns
YES
DOB:
NO
ID:
COMMENTS
Grade:
Hearing concerns
Speech/Language
concerns
Medical, mental health
or health concerns
Academic concerns
Behavior concerns
Previous Psychological
and/or Social History
Retentions
If yes, indicate grade
level(s) retained
AIP, SST or PST History
IEP History
504 Plan
ELL/LEP
Other concerns:
Attach Data Warehouse print-out if applicable
Completed by: ______________________________________________________________Date: ___________________
School:_____________________________________________________________________________________________
Created: 7/2008
Owner: School Psychological Services
2009-010-VCS
Print Locally
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Student Data Collection: Parent Contacts & Staff Consultations
PST 2
Student: ___________________________________________________________ ID: __________ Grade: _____
Teacher: _____________________________________________
Parent/Guardian Consultation(s):
Date(s)
st
1 Contact
Phone
In person
2nd Contact
In person
Plan/Outcome
□
□
□
e-mail
Name of parent:
Phone
School:______________________________
Signature of parent if in person:
□
□
□
e-mail
Name of parent:
Staff Consultations:
PLC
Signature of parent if in person:
Date(s)
Plan/Outcome
School Psychologist
Guidance Counselor
(Suggested for behavioral
concerns)
School Social Worker
(Suggested for
attendance concerns)
Content Area Contact
and/or Specialist
(specify content area)
Others (e.g.,
administrators, teachers,
tutors)
Created: 7/2008
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2009-011-VCS
Print Locally
Student Data Collection: Staff Input & Observations
PST 3
Student: ______________________________________________________ ID:__________
Grade:________
Teacher:_____________________________________________School:_________________________________
1)
Academic Enablers:
Check appropriate description:
Attends class
Always
Usually
Sometimes
Mildly Below
Meeting
Expectations
Never
Is on time
Comes to class prepared
Completes class assignments
Turns in homework
Follows directions independently
Appears motivated
2) Academic/Behavioral Performance:
Subject
Severely
Below
Reading
Language Arts
Math
Science
Social Studies
Other (specify):
Moderately
Below
Exceeding
Expectations
Behavior
3) If moderately or severely below expectations, what percentage of the class exhibits similar academic problems?
□ 5%-20%
□ 20-50%
□ Over 50%
□ 5% or less
4) If behavior is unsatisfactory, what percentage of the class exhibits similar behavioral problems?
□ 5% or less
□ 5%-20%
□ 20-50%
□ Over 50%
5) Student’s Strengths:________________________________________________________________________________________
6) Specific area(s) of concern (e.g., reading fluency, spelling, math problem solving, written language, aggressive behavior, poor
motivation, etc.): ___________________________________________________________________
7) Hypothesis: What is the most likely reason the problem is occurring? (Tip: responses on this page as well as the Decision
Making Rubric will help guide hypothesis development): _____________________________________________________________
_______________________________________________________________________________________________ ______________
8) Goal Statement (Write a specific attainable goal in observable and measurable terms related to the area of concern):
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Signature: ___________________________________________________ Date:_________________________________
(Secondary teachers: Return form to student’s guidance counselor)
Created: 7/2008
2009—012-VCS
Print Locally
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Student Data Collection: Intervention Development & Implementation Plan
PST 4
Student: ________________________________________________________ ID: ____________Grade: ______
Teacher:_______________________________________School:_______________________________________
Intervention 1:
Focus of Intervention (specific academic skill or behavioral target):___________________________________
Setting of intervention: Classroom: _____ Other (specify): ______________________________________________
Start Date: ____________
Specific intervention: ___________________________________________________________________________
Group Size: Individual: ____ 2-3: ____4-8: ____ More than 8 but not whole class: ____ Whole class:__________
Frequency: One X/Wk: ______ Two X/Wk: ______ Three X/Wk: ______ Four X/Wk: _______ Daily: __________
Duration:
15 min.: ______ 20 min.: ________ 30 min.: ______ 45 min.: ______ 60 min.: ______ Other: ______
Intervention Provider: GenEd: ______ ESE.: ______ Counselor: _____ Volunteer: ______
Other (specify role):__________________________________________________
End Date: ______________ (should be at least 5 weeks of interventions after start date)
Progress Data (baseline and include a minimum of 5 data points or attach graph):
Date/baseline point:__________________ Date/data point:_________________ Date/data point:_____________
Date/data point:_____________________ Date/data point:_________________ Date/data point:_____________
Intervention 2 (if necessary)
Check: follow up__ modified__ separate problem__
Setting of intervention: Classroom: _____ Other (specify): _____________________________________________
Start Date: ____________
Specific intervention: ___________________________________________________________________________
Group Size: Individual: ____ 2-3: ___4-8: ___ More than 8 but not whole class:_____ Whole class: __________
Frequency: One X/Wk: ______ Two X/Wk: ______ Three X/Wk: ______ Four X/Wk: _______ Daily: _________
Duration:
15 min.: ______ 20 min.: ________ 30 min.: ______ 45 min.: ______ 60 min.: ______ Other: _____
Progress Data (include a minimum of 5 data points or attach graph):
Created: 7/2008
2009-013-VCS
Print Locally
19
Request for Problem Solving Team Assistance
PST 5
Student: ____________________________________________DOB:_________ ID: _______ Grade: _____
Teacher:_____________________________________________ School:____________________________
Referring Person: _________________________________________________________________________
Date of Request: __________________________________________________________________________
Area(s) of Concern:
□ Academic
□ Behavior
□ Attendance
Based on attached data, how did the problem respond to interventions?
□ Stayed the same
□ Problem increased
1.
What intervention(s) worked?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. Are you continuing to implement this intervention? □ yes
□ no
3. What didn’t work?______________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Attach PST 1-4. Students will be scheduled for a PST meeting upon receipt of the completed referral packet.
Incomplete packets will be returned.
Created: 7/2008
2009-014-VCS
Print Locally
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Problem Solving Team: Problem Identification & Analysis
PST 6
Student: ________________________________________________________ID:__________ Grade: _________
Teacher:_____________________________________School:_______________________________Date:______
Class/subject (if not homeroom teacher):
Before relevant interventions can be put in place, it is critical to clearly identify the area(s) of concern
(academic, health, behavior, etc.) that may be impacting student performance. The following questions are
designed to assist in this process and will be completed during the Problem Solving Team Meeting.
ACADEMIC and/or BEHAVIORAL CONCERNS
1. What are the student’s areas of strengths academically and behaviorally?
(Note to PST chair: At this point of the meeting, remember to share with parents and team the previous targeted
interventions and summary on PST 4 and PST 5 as designated on your easel)
2. What level of performance is currently expected in the area of concern? In academic areas, expected
levels are the benchmarks.
3. What is the student’s current observed level of performance?
4. A problem is the difference between what is expected and what is observed. What is the problem?
Identify in observable and measurable terms.
5. What percentage of students in the classroom demonstrates this discrepancy?
□ 5% or less □ Between 5% and 20% □ Between 20% and 50% □ Over 50%
6. Does the problem appear to be a □ performance deficit or □ skill deficit? (check one)
Note: If you’ve seen the skill on several occasions and it appeared mastered, it increases the likelihood that
the deficit is a performance deficit
7. Hypothesis: What is the most likely reason(s) this problem is occurring? (Consider ICEL)
8. What is the goal to address the problem? (write in observable and measurable terms)
Created: 7/2008
2008-015-VCS
Print Locally
21
Problem Solving Team: Analysis of Problem
(Mandatory for behavior concerns)
PST 6B
Student: ___________________________________________DOB:____________ID:_________ Grade: ______
Teacher: ________________________________School:________________________ Date:_______________
Person(s) completing form: ____________________________________________________________________
Describe the SPECIFIC BEHAVIOR that interferes with the student’s learning and/or the learning of his/her peers.
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________
Environmental Conditions:
WHEN is the interfering behavior most likely to occur?
□ Before/After School
□ Morning
□ Other (specify):
□ Lunch/Recess
□ Afternoon
□ Subject/Class Changes
□ Missed Medication(s)
□ Cafeteria/Lunch
□ Special Education Classes
□ Hallway
Playground/Common areas
WHERE is the interfering behavior most likely to occur?
□ Bus/Walking to or from school
□ Regular Education Class(es)
During what SUBJECT/ACTIVITY is the interfering behavior most likely to occur?
□ Academic SUBJECTS (specify):
□ Oral Instruction by Teacher
□ Task/Assignment Directions
□ Individual Seat Work
□ Unstructured Time
□ Group Work
□ Starting Assigned Work
□ Transitions
What INTERACTIONS/PEOPLE are most likely to be present, or contribute to, the interfering behavior?
□ Teacher
□ Classmates
□ Other Peers
□ Staff
OTHER Contributing Factors:
□ Adult Requests/Directives
□ Changes to the Routine/Schedule
□ Teasing from Other Students
□ Limit Setting/Imposing Consequences
Is there a documentation of a medical concern that may explain the behavior? __Y __N
If yes, what is the documented medical concern?_________________________________________
Hypothesizing the Function of the Interfering Behavior:
What possible purpose might the interfering behavior serve the student? What is the “pay off” for continuing to use the
interfering behavior?
SEEKING:
□ Teacher/Adult Attention
□ Peer Attention
□ Social Status
□ Freedom/Fun
□ Empowerment/Choice
□ Desired Activity
□ Other (specify): __________________________________________________________________________
AVOIDANCE, ESCAPE, PROTEST:
□ Sensory Overload
□ Teacher Interaction
□ Peer Interaction(s)
□ Specific Subject/Activity
□ Class Work
□ Environment of Failure
□ Other (specify): ___________________________________________________________________________
Created: 7/2008
22
2009-016-VCS
Print Locally
Problem Solving Team: Intervention Development & Implementation Plan
PST 7
Student: ______________________________________________________ ID: ____________Grade: _______
Teacher: ____________________________________ School:_________________________________________
Date of today’s PST meeting:
Intervention 1:
Focus of Intervention (specific academic skill or behavioral target):_______________________________________
Setting of intervention: Classroom: _____ Other (specify): __________________________________________________
Start Date: ____________
Specific intervention: _______________________________________________________________________________
Group Size: Individual: ____ 2-3: ____4-8: ____ More than 8 but not whole class: ____ Whole class:______________
Frequency: One X/Wk: ______ Two X/Wk: ______ Three X/Wk: ______ Four X/Wk: _______ Daily: ______________
Duration:
15 min.: ______ 20 min.: ________ 30 min.: ______ 45 min.: ______ 60 min.: ______ Other: __________
Progress Data (baseline and include a minimum of 5 data points or attach graph):
Intervention 2 (if necessary)
Check: follow up__ modified__ separate problem__
Setting of intervention: Classroom: _____ Other (specify): ______________________
Start Date: ____________
Specific intervention: ____________________________________________________________________________
Group Size: Individual: ____ 2-3: ___4-8: ___ More than 8 but not whole class:_____ Whole class: ___________
Frequency: One X/Wk: ______ Two X/Wk: ______ Three X/Wk: ______ Four X/Wk: _______ Daily: __________
Duration:
15 min.: ______ 20 min.: ________ 30 min.: ______ 45 min.: ______ 60 min.: ______ Other: ______
Progress Data (include a minimum of 5 data points or attach graph):
Created: 7/2008
2009-017-VCS
Print Locally
23
Problem Solving Team: Response to Intervention
Updates and Recommendations
PST 8
Student: ___________________________________ DOB: ______________________ Student ID: _________________
Today’s Date: ___________________
initial meeting
Follow-up meeting
Student’s current observed performance:
_____________________________________________________________________________________________
Student’s current level of support:
Tier One
Tier Two
Was attendance during the intervention sessions of issue?
Yes
Tier Three, if applicable
No
Intervention summary:
Since the time targeted interventions were started, has the problem:
decreased 
stayed the same
increased 
What worked: _________________________________________________________________________
_______________________________________________________________________________________
What didn’t work: ______________________________________________________________________
_______________________________________________________________________________________
Team decision(s):
1.
Discontinue intervention – goal achieved
2.
Continue intervention as previously written
Follow-Up Meeting: ____/___/____
3.
Modify intervention (team updates PST 7)
Follow-Up Meeting: ____/___/____
4.
Refer to Alternative Program: _________________________________________________________
5.
Develop 504 Plan (Student meets 504 eligibility criteria and documentation is provided)
6.
Refer for Social History (complete referral for Social History)
7.
Refer for Psychoeducational Assessment (complete referral for Psychoeducational Evaluation)
8.
Other: ____________________________________________________________________________
Team Member Signatures (and Title for “Other”):
PST Chair:_____________________________________
Other:____________________________________
Teacher: _____________________________________
Other:____________________________________
Parent: ________________________________________
Other:____________________________________
Other: ________________________________________
Other:____________________________________
Parent: Did school and/or district personnel prohibit or discourage you, parent/guardian, from inviting a person(s)
of choice to the meeting?
Yes
No
Parent Signature: ___________________________________________________________________________________
Revised: 8/30/2013
24
2009-018-VCS
Print Locally
School District of Volusia County, Florida
SECTION 504
PARENT NOTICE OF MEETING
Date: __________________
Parent(s) Name: __________________________________________________________
Address: ________________________________________________________________
Dear Parent(s):
You have the opportunity and are encouraged to participate in conferences regarding the educational
program for your son/daughter.
This is to advise you that a meeting has been scheduled in order that school personnel may review all
available information pertaining to your child, _______________________________________ for:
The review of information and the determination of eligibility/ineligibility for Section
504/ADA.
The review and updating of the Section 504/ADA Accommodation Plan.
Other ____________________________________________________________________
The meeting has been scheduled to occur on _________________ at ______________________
(Date)
(Time)
at ____________________________________.
(Location)
If you want to attend the meeting but cannot attend on the date and time indicated, please contact me as
soon as possible so that we may attempt to re-schedule the meeting. I look forward to working with you.
Sincerely,
_________________________________________
Section 504 Contact
Phone: __________________________________ Ext. _________
Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities
Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met,
your child would be eligible to participate in the McKay program. If you would like more information about the
McKay
program
you
may
visit
the
Florida
Department
of
Education
website
at
http://floridaschoolchoice.org/Information/McKay/ or call the toll free hotline at 1-800-447-1636.
Notice 1:
Owner: Student Services
Revised: 7/9/2012
Notice 2:
25
2006-269-VCS
Print Locally
SECTION 504
ELIGIBILITY
Name ______________________________________ Student ID __________ DOB ______________
Date __________________ School __________________________________ Grade ______________
Check One:
Yes
No
1.
Does the student have a physical or mental condition? If so, what?
________________________________________________________________
2.
Does the condition substantially limit a major life activity?
If yes, list major life activity affected __________________________________
If the answer to either question above is “No,” the student is not covered under Section 504 and is deemed
“ineligible.” Record attendance of Committee members below and give parents a copy of this form to indicate
ineligibility and a copy of the Parent Rights. If the answer to both questions above is “Yes,” the student is protected
under Section 504 and may be in need of accommodations in the school environment or in school activities. If so,
the Committee will develop an Accommodation Plan to reflect appropriate accommodations and provide a copy of
this document, the Plan and Parent Rights to the parents.
The following were present at the meeting (as reflected by signature):
___________________________________
Section 504 Contact
___________________________________
Parent
___________________________________
School Administrator
___________________________________
Teacher
___________________________________
Other
___________________________________
Other
___________________________________
Other
___________________________________
Other
___________________________________
Other
___________________________________
Other
Did school and/or district personnel prohibit or discourage you, parent/guardian, from inviting a person(s)
Yes
No
________________________________________ _____________
Parent/Guardian signature
Date
Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, commonly
known as the McKay Scholarship Program. If the specific criteria for the program are met, your child would be eligible to
participate in the McKay program. If you would like more information about the McKay program you may visit the Florida
Department of Education website at http://floridaschoolchoice.org/Information/McKay/ or call the toll free hotline at
1-800-447-1636.
26
Revised: 7/17/2013
2005-071 VCS
Print Locally
SECTION 504
ACCOMMODATION PLAN
Name: _____________________________________ Student ID: __________ DOB: _____________
Date: _________________ School: _________________________________ Grade: ______________
Plan Type: ____________ Three year reevaluation date: _______________ Test Modifications: _____
(P - initial placement, R - review, D- dismissal)
(0 - none, 2 - with modifications)
Physical/mental Condition that is a Disability: _____________________________________________
The school-based Section 504 Committee has reviewed all relevant information regarding the above
student and determined that the student is protected under Section 504 and is in need of accommodations
in the school environment and/or in school activities. The following accommodations will be provided
(Committee should list accommodations and other relevant considerations, such as specific
activity/environment where needed, etc.):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
504 Accommodation Plans are reviewed and rewritten annually, or sooner, if there is a need.
_______________________________
Section 504 Contact
____________________________________
Parent
_______________________________
____________________________________
Teacher
_______________________________
Other
____________________________________
Other
_______________________________
Other
____________________________________
Other
Did school and/or district personnel prohibit or discourage you, parent/guardian, from inviting a person(s)
Yes
No
_______________________________ ____ ____________
Parent/Guardian signature
Date
Your child may be eligible to participate in the John M. McKay Scholarships for Students with Disabilities
Program, commonly known as the McKay Scholarship Program. If the specific criteria for the program are met,
your child would be eligible to participate in the McKay program. If you would like more information about the
McKay
program
you
may
visit
the
Florida
Department
of
Education
website
at
http://floridaschoolchoice.org/Information/McKay/ or call the toll free hotline at 1-800-447-1636.
Revised: 7/17/2013
27
2005-072-VCS
Print Locally
REEVALUATION DATA COLLECTION
Student Name: ______________________________________________________ Alpha I.D. _________________
Date ________________ DOB _______________ School _______________________________________________
Teacher(s) _________________________ Grade _____________ Subject(s): ______________________________
(The rating should be completed by at least two or more professionals, when applicable.)
GRADES
Elementary: Grade level _____On _____Above _____Below
Secondary: _____ Excellent _____ Satisfactory _____ Unsatisfactory _____ Failing
CLASSROOM PERFORMANCE
4 – Almost Always, 3 – Frequently, 2 – Sometimes, 1 – Hardly Ever
1. Contributes to large group discussion.
2. Contributes to small group discussion.
3. Follows directions without prompting.
4. Keeps track of supplies needed for task.
.
5. Follows along and completes work during a teacher directed activity.
6. Finishes independent work within assigned time.
7. Completes work carefully.
8. Turns in legible work.
9. Completes assigned homework.
10. Takes tests satisfactorily without modifications.
11. Compares favorably in overall productivity with average student in class.
Scoring: Majority of ratings of numbers 1 and 2 may suggest significant performance problems
in the classroom.
*SOCIAL/BEHAVIORAL FUNCTIONING
*Please rate this student compared to others in your class of similar ability and cultural background.
4 – Almost Always, 3 – Frequently, 2 – Sometimes, 1 – Hardly Ever
1. Has difficulty following school and/or classroom rules.
2. Demonstrates disruptive behavior in the classroom.
3. Reacts to situations without considering the consequences.
4. Repeatedly involved in disciplinary infractions in the school setting.
5. Rejected/ ignored by peers.
6. Demonstrates poor peer relationships due to difficulty reading and
responding to social cues.
7. Has difficulty showing respect for authority figures.
Scoring: Majority of ratings of numbers 3 and 4 suggest significant social/behavior performance.
Signature and title of person(s) completing this form:
Name/Title
______
______
______
______
______
______
______
______
______
______
______
_______
_______
_______
_______
_______
_______
_______
Name/Title
________________________________________________
__________________________________________________
________________________________________________
__________________________________________________
________________________________________________
__________________________________________________
Student Services (Revised 11 08)
96160 VCS
28
Notice of Rights for Disabled Students and their Parents
Under §504 of the Rehabilitation Act of 1973
The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” 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 “disabled” if he or she suffers from a physical or mental impairment
that substantially 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 regulations 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 provide 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 District’s §504 Office and they
will assist you in understanding your rights.
2. Under §504, your child has the right to an appropriate education designed to meet his or her
educational needs as adequately as the needs of non-disabled students are met. [34 CFR 104.33].
3. Your child has the right to free educational services, with the exception of certain costs normally also
paid by the 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].
4. 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].
5. Your child has the right to services, facilities, and activities comparable to those provided to nondisabled students. [34 CFR 104.34].
6. The School District must undertake an evaluation of your child prior to determining his or her
appropriate educational placement or program of services under §504, and also before every
subsequent significant change in placement. [34 CFR 104.35].
7. If formal assessment instruments are used as part of an evaluation, procedures used to administer
assessments and other instruments must comply with the requirement of §504 regarding test validity,
proper method of administration, and appropriate test selection. [34 CFR 104.35]. The District will
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,
Page 1 of 2
29
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].
8. Placement decisions regarding your child must be made by a group of persons (a §504 committee)
knowledgeable 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].
9. If your child is eligible for services under §504, he or she has a right to periodic evaluations to
determine if there has been a change in educational need. Generally, an evaluation will take place at
least every three years. [34 CFR 104.35].
10. You have the right to be notified by the District prior to any action regarding the identification,
evaluation, or placement of your child. [34 CFR 104.36].
11. You have the right to examine relevant documents and records regarding your child (generally
documents 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 regard to your child’s 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:
504 Coordinator
Herbert Street Center
1290 Herbert Street
Port Orange, Florida 32129
(386) 255-6475 or (386) 734-7190 ext. 33252
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. You also have a right to present a grievance or complaint to the District’s §504 Coordinator (or
designee), who will investigate the situation, take into account the nature of the complaint and all
necessary factors, and respond appropriately to you within a reasonable time.
16. You also have a right to file a complaint with the Office for Civil Rights (OCR) of the Department of
Education. The address of the OCR Regional Office that covers this school district is:
Director, Office for Civil Rights
61 Forsyth St. S.W., Suite 19T70, Atlanta, GA 30303-8927, Tel. 404-974-9406
©1999, 2010 RICHARDS LINDSAY & MARTIN, 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.
Page 2 of 2
30
PART III
NON DISCRIMINATION AND
EDUCATIONAL EQUITY
AND
DISTRICT GRIEVANCE PROCEDURES
31
SUPPORT SERVICES POLICIES
NUMBER 508
GRIEVANCE PROCEDURE
I.
General Provisions
A.
The purpose of this grievance procedure is to promote the prompt and equitable
resolution, at the most accessible supervisory level, of issues that may arise out
of the administration of school board policy, state law and/or federal law.
B.
Issues that are covered by a collective bargaining agreement shall be filed and
processed under the collective bargaining agreement that is applicable to the
employee filing the grievance. Disputes not covered by the collective bargaining
agreement, but arising from school board policy, state law and/or federal law
shall be filed and processed under this procedure.
C.
Use of this grievance procedure shall not prohibit individuals who believe their
rights under state law and/or federal law have been violated from seeking redress
from other sources.
D.
Notice of the availability of this grievance procedure for the processing of
grievances as defined by this policy shall be provided to employees, applicants
for employment, students, applicants for admission, parents, bargaining units and
the general public.
E.
Allegations of harassment in violation of adopted school board policy shall first
be investigated under school board policy 509. If an individual has exhausted the
procedure set out in school board policy 509, but believes that appropriate
redress under that policy, state law and/or federal law has not been provided, then
the individual may file a grievance under this policy within twenty (20) days of
the receipt of the findings under school board policy 509. All other allegations of
violations of school board policy, state law and/or federal law shall be filed and
processed under this policy.
F.
A grievance may be withdrawn by the grievant at any time and at any step of this
procedure.
G.
A grievant shall be responsible for any fees and expenses incurred by the
individual while processing the grievance. The administration’s cost incurred in
processing the grievance shall be paid by the school district.
H.
The time limits established in this policy are the established maximum time
available, and can only be extended by mutual written agreement of the parties.
The failure to initiate or appeal a grievance within the time limits set out in this
policy shall be deemed a waiver of the grievance. The failure at any step of this
procedure to communicate the decision on the grievance within the specified
time limit shall permit the grievant to proceed to the next step of this grievance
procedure.
I.
No reprisals of any kind shall be taken by the school board or any school board
employee against any individual because of his or her participation in this
grievance procedure.
32
II.
NUMBER 508
J.
If a grievance includes an allegation of harassment in violation of school board
policy 509 and/or discrimination in violation of school board policy 507, the
grievant may also contact the equity officer for the school district, who shall
consult with the grievant regarding the allegations and the use of the grievance
procedure.
K.
In the event a grievance governed by this policy expressly alleges discrimination
or harassment by a particular district employee, that district employee shall not
conduct the grievance meeting but an alternate reviewer will be assigned by the
superintendent or designee.
Student Education Grievance Procedure
A.
B.
Definitions
1.
Grievance: (a) An allegation that a student’s rights under school rule,
school board policy, state law and/or federal law have been violated; (b)
An allegation that a parent’s or guardian’s rights under school board
policy, state law and/or federal law relating to the education of a child
over whom he or she has responsibility has been violated.
2.
Days: Workdays as defined under the school district’s twelve-month
calendar.
3.
Grievant: Either a student enrolled in the Volusia County School
District, or the parent or guardian of a student enrolled in the Volusia
County School District.
Procedure
1.
Step One - Within twenty (20) days of the event which gave rise to the
grievance, the student and/ or the student’s parent or guardian shall meet
with the school principal to resolve the matter informally. The grievant
shall inform the principal that the meeting is for the purpose of initiating
the grievance procedure. A student and/or the student’s parent or
guardian may choose to first contact the equity officer regarding the
grievance prior to meeting with the school principal. If such contact
occurs, the twenty (20) day period set out in this step shall be extended to
thirty (30) days. Within five days of the meeting, the principal shall
provide the grievant with a written response to the issues raised. The
principal shall include a grievance form with the response to the student
and/or the student’s parent or guardian. The principal shall complete the
applicable portions of the form and acknowledge the date on which the
conference occurred.
2.
Step Two - If the grievant is not satisfied with the results of his or her
meeting with the principal, the grievant may advance the grievance to
step two of this grievance procedure. To do so, the grievant must, within
ten days after receipt of the response from the principal, file a copy of the
grievance form with the area superintendent responsible for the school.
The grievant shall be responsible for completing the sections of the form
33
NUMBER 508
requiring a statement of the grievance and the facts involved, the remedy
requested, and the school rule, school board policy, state law and/or
federal law that is alleged to have been violated. The grievance form
must be complete at the time it is filed. The area superintendent shall
discuss the facts and the applicable school rule, school board policy, state
law and/or federal law raised by the grievance with the grievant. The
area superintendent shall contact the school principal to ascertain the
principal’s position on the issues raised by the grievance. The area
superintendent shall also have the authority to, while maintaining
required student confidentiality, discuss the grievance with other
individuals who may provide relevant information. While the grievance
meeting is not a trial and the rules of civil procedure and evidence do not
apply, the grievant may present witnesses and evidence at the meeting in
support of his or her grievance. The area superintendent shall render a
decision within fifteen (15) days of receipt of the grievance, and shall
notify the grievant of the decision by certified mail, return receipt
requested. A copy of the decision will also be sent to the school
principal. Any determination involving an alleged violation of a school
rule shall be considered final, and may not be further advanced.
3.
Step Three - If the grievant is not satisfied with the area superintendent’s
decision, the grievant may advance the grievance to step three of this
grievance procedure, providing the grievance relates to school board
policy, state law and/or federal law. To do so, the grievant must, within
ten days of receipt of the area superintendent’s decision, file a written
request for an informal hearing with the area superintendent. The area
superintendent shall forward the request for informal hearing to the
superintendent, who shall designate a hearing officer. The hearing
officer shall schedule the date, time and place for the informal hearing.
The grievant, the area superintendent and the school principal shall be
present. The hearing officer and superintendent may establish additional
rules for the conduct of this informal hearing, provided these additional
rules do not conflict with this policy. These rules must be written,
published and made available to the grievant and administration prior to
any informal hearing. The grievant and the administration have the right
to be represented by counsel. Should the grievant choose not to be
represented by counsel, another person of their choice may accompany
him or her. The parties will be called upon by the hearing officer to state
their position on the issues raised by the grievance. The parties may
choose to present witnesses who have personal knowledge of the facts.
However, the informal hearing is not evidentiary and does not include
any right to subpoena or to cross-examination, nor shall any transcript be
kept. The hearing officer shall render a written decision within ten (10)
days of the close of the hearing. A copy of the decision shall be sent to
the grievant by certified mail, return receipt requested. A copy of the
decision shall also be forwarded to the school principal, the area
superintendent, the equity officer and the superintendent. The hearing
officer’s decision shall be considered final action. However, the
superintendent shall have the authority to amend the decision when, in
his or her sole discretion, the superintendent believes such amendment is
appropriate under school board policy, state law and/or federal law. The
34
NUMBER 508
superintendent shall have the discretion to establish the process for such
amendment.
III.
Employee Grievance Procedure
A.
B.
Definitions
1.
Grievance: An allegation by a grievant that his or her rights under
school board policy, state law and/or federal law have been violated by
the Volusia County School District.
2.
Days: Workdays as defined under the school district’s twelve-month
calendar.
3.
Grievant: An employee (full-time, part-time or casual), an applicant for
employment, or an adult applicant to any of the school district’s adult
programs.
Procedure
1.
Step One - Within twenty (20) days of the event which gave rise to the
grievance, the grievant shall meet with the supervisor responsible for the
decision or action being grieved in order to resolve the matter informally.
In matters involving actions taken through the office of professional
standards, step one shall be initiated with a representative of that office.
The grievant shall inform the supervisor or the representative of the
office of professional standards that the meeting is for the purpose of
initiating the grievance procedure. If such contact occurs, the twenty
(20) day period set out in this step shall be extended to thirty (30) days.
Within five days of this meeting, the supervisor or the representative of
the office of professional standards shall provide the grievant with a
written response to the issues raised.
The supervisor or the representative of the office of professional
standards shall include a grievance form with the response to the
grievant. The supervisor or the representative of the office of
professional standards shall complete the applicable portions of the form
and acknowledge the date on which the conference occurred.
2.
Step Two - If the grievant is not satisfied with the results of his or her
meeting with the supervisor, the grievant may advance the grievance to
step two of this grievance procedure. To do so, the grievant must, within
ten days after meeting with the supervisor, file a copy of the grievance
form with the district level administrator designated by the
superintendent to have authority over the supervisor described in step
one. If the grievant is unable to determine which district level
administrator is appropriate, he or she may seek assistance from the
equity officer. The grievant shall be responsible for completing the
sections of the form requiring a statement of the grievance and the facts
involved, the remedy requested, and the school board policy, state law
and/or federal law that is alleged to have been violated. The grievance
35
NUMBER 508
form must be complete at the time it is filed. The district level
administrator shall discuss the facts and the applicable school board
policy, state law and/or federal law raised by the grievance with the
grievant. The district level administrator shall contact the step one
supervisor to ascertain the supervisor’s position on the issues raised by
the grievance. The district level administrator shall also have the
authority to discuss the grievance with other individuals who may
provide relevant information. While the grievance meeting is not a trial
and the rules of civil procedure and evidence do not apply, the grievant
may present witnesses and evidence at the meeting in support of his or
her grievance. The district level administrator shall render a written
decision within fifteen (15) days of receipt of the grievance, and shall
notify the grievant of the decision by certified mail, return receipt
requested. A copy of the decision will also be sent to the step one
supervisor. Appeals from grievances denied at step one by the office of
professional standards shall be advanced to step three of this procedure.
3.
Step Three - If the grievant is not satisfied with the district level
administrator’s decision, the grievant may advance the grievance to step
three of this grievance procedure. To do so, the grievant must, within ten
days of receipt of the district level administrator’s decision, file a written
request for an informal hearing with the district level administrator. The
district level administrator shall forward the request for informal hearing
to the superintendent, who shall designate a hearing officer. The hearing
officer shall schedule the date, time and place for the informal hearing.
The grievant, the district level administrator and the step one supervisor
shall be present. The hearing officer and superintendent may establish
additional rules for the conduct of this informal hearing, provided these
additional rules do not conflict with this policy. These rules must be
written, published and made available to the grievant and administration
prior to any informal hearing. The grievant and the administration have
the right to be represented by counsel. Should the grievant choose not to
be represented by counsel, he or she may be accompanied by another
person of their choice. The parties will be called upon by the hearing
officer to state their position on the issues raised by the grievance. The
parties may choose to present witnesses who have personal knowledge of
the facts. However, the informal hearing is not evidentiary and does not
include any right to subpoena or to cross-examination, nor shall any
transcript be kept. The hearing officer shall render a written decision
within ten days of the close of the hearing. A copy of the decision shall
be sent to the grievant by certified mail, return receipt requested. A copy
of the decision shall also be forwarded to the step one supervisor, the
district level administrator, the equity officer and the superintendent.
The hearing officer’s decision shall be considered final action. However,
the superintendent shall have the authority to amend the decision when,
in his or her sole discretion, the superintendent believes such amendment
is appropriate under school board policy, state law and/or federal law.
The superintendent shall have the discretion to establish the process for
such amendment.
Legal Authority:
36
NUMBER 508
Section 1001.41, Florida Statutes
Laws Implemented:
Section 1000.05, Florida Statutes
History:
(Adopted -- June 12, 2001)
(Revised -- July 28, 2009; February 25, 2014)
(Effective Date -- July 28, 2009)
37
PART IV
DISCIPLINE OF STUDENTS WITH
DISABILITIES
38
Disciplining Students with Disabilities
As part of the antidiscrimination provisions of Section 504, students with disabilities cannot be
excluded from school solely on the basis of disability. To exclude a student from school or
school activities for behaviors that are caused by or based upon a disability could be
discriminatory.
Because the majority of students who are disabled in the School District are eligible for and
receive ESE services, the procedures to be followed when disciplining them are generally those
that are utilized by the ESE Department in accordance with the Individuals with Disabilities
Education Act (IDEA). However, there may be some students who are not covered under the
IDEA who are entitled to the protections of Section 504 and cannot be discriminated against
when disciplined for violations of school rules. Therefore, when a student is going to be
excluded from school for more than ten (10) school days consecutively or for more than ten (10)
days cumulatively in the same school year, it is important that the school-based 504 Committee
ensure that no discrimination has occurred in the discipline process by conducting a proper
manifestation determination to determine if the misconduct is related to the student’s disability.
Parents should be invited to the manifestation meeting (Parent Notice of Meeting). After the
meeting, parents receive copies (504 Manifestation Determination/Course of Action) of all
documentation generated at the meeting along with a copy of the Notice of Parent and Student
Rights.
The same procedures for suspension apply to bus suspensions and in-school suspensions.
39
504 MANIFESTATION DETERMINATION/COURSE OF ACTION
Name: __________________________________________ ALPHA: _________ DOB: _____________
Date: ______________ School: _____________________________________ Grade: ____________
504 Disability ______________________________________________________________________
Number of days suspended already in school year ________
Offense committed and date ___________________________________________________________
Answer the following questions, taking into consideration all relevant information, including any evaluations,
observations or other relevant documentation, including any information supplied by the parents.
Check One:
Yes
No
___
___ 1. Is the student’s Accommodation Plan appropriate?
___
___ 2. Is the Accommodation Plan being implemented?
NOTE: If the Committee answered “no” to either 1 or 2, further suspension is not appropriate and the
Committee must remedy the Accommodation Plan issue. Stop the meeting here, sign the form and
hold a Committee meeting to revise the Accommodation Plan or devise a plan to ensure immediate
implementation of the Plan. If the answer to 1 and 2 is “yes,” proceed to questions 3 and 4.
___
___ 3. Does the disability impair ability to understand the consequences of the conduct at issue?
___
___ 4. Does the disability impair ability to control the conduct at issue?
NOTE: If the Committee answered “yes” to 1 and 2 and “no” to 3 and 4, further disciplinary sanctions are
appropriate because the student’s behavior was not a manifestation of disability and the same
sanctions that would be administered for a non-disabled student may be administered. If the
Committee answered “yes” to either 3 or 4, further disciplinary sanctions are NOT appropriate for
the student.
Recommended Disciplinary Consequence where no manifestation found:________________________
_____________________________________
Section 504 Contact
____________________________________
Parent
_____________________________________
____________________________________
Teacher
_____________________________________
Other
____________________________________
Other
_____________________________________
Other
____________________________________
Other
Created 7/04
ESE/Special Needs
40
2005-076-VCS
PART V
MISCELLANEOUS
41
MISCELLANEOUS INDEX
• Guidelines for the use, documentation, and
reporting of seclusion and restraint with
students with disabilities.
• Guidelines for Test Accommodations
• Section 504 and Gifted
• Data Input (CrossPointe screen shot)
• Transportation Memo(Process for
transportation request for a student within
the two mile walk zone)
• FAQs
• PST Memo
42
Guidelines for the Use, Documentation, Reporting and Monitoring of
Seclusion and Restraint with Students with Disabilities
(Section 504 and Exceptional Education Students)
In 2007, the Bureau of Exceptional Education and Student Services (BEESS) convened a workgroup
composed of school officials, agency representatives, parents, advocates, and other interested parties to
provide information and make recommendations to the Bureau to address the use of restraint with
students in special education programs. Legislation passed during the 2010 session established
documentation, reporting, and monitoring requirements on the use of seclusion and restraint for students
with disabilities (Future reference to students with disabilities encompasses Section 504 and Exceptional
Student Education). It is the intent of the Bureau to provide guidance for reviewing and implementing
local policies and practices on seclusion and restraint and to accurately implement the requirements
within the new law concerning documentation, reporting, and monitoring their use.
There are concerns among students, educators, and parents about the use of seclusion and restraint with
students in special education programs. These concerns include: the use of seclusion and restraint when
less intrusive measures are preferable; lack of adequate training for staff; inadequate documentation of
seclusion and restraint procedures; failure to notify parents when seclusion and restraint are used; and
failure to use data to further analyze/address the function of the precipitating behavior(s).
Florida schools should ensure that students are treated with respect and dignity in an environment that
provides for the physical safety and security of students and staff. There are instances in which students
pose a threat to the safety of themselves or others. The purpose of seclusion and restraint is to prevent
injury to self and/or others; they are not to be used to punish a student, or as a deterrent, or to “teach a
student a lesson.” It is important to recognize that the use of seclusion and restraint may have an
emotional impact on students. Therefore, it is important that such interventions be used only in
emergency situations when an imminent risk of serious injury or death to the student or others exists, and
in a manner that conveys respect for the dignity of the student.
What are the statutory provisions that relate to the use of seclusion and restraint in public schools?
House Bill 1073 was passed during the 2010 Legislative Session, creating section 1003.573, Florida
Statutes (F.S.), Use of seclusion and restraint on students with disabilities. This statute creates
documentation, reporting, and monitoring requirements for the use of seclusion and restraint on students
with disabilities. These requirements were effective July 1, 2010.
43
Comparison of Documentation & Reporting Requirements
For Restraint/Seclusion
Timeline
Day of Incident
Within 24 Hours of End of
Incident
Within 24 Hours or Soon
Following Incident
After 5 Days of Sending
Notification of Use of
Manual Physical Restraint
to Parent/Guardian of
Student w/ Disability
Within 3 Days of the End
of the Incident
After 5 Days of
Mailing/Providing
Incident Report to
Parent/Guardian of
Student w/ Disability
General Education Student
-Reasonable attempts to notify parent by
telephone
-Complete Report of Use of Manual Physical
Restraint (Form # 2007194)
-DO NOT report in FLDOE’s Web-based
system
-Enter incident in Cross Pointe/Discipline
section (Panel 273-Student Record)
-File completed Report of Use of Manual
Physical Restraint (Form # 2007194) in
student’s Discipline File
Student with Disability
(ESE or 504)
-Reasonable attempts to notify parent by
telephone &/or email
-Send Notification of Use of Manual Physical
Restraint (Form # 2010059) to parent/guardian
-File copy in student’s ESE Audit (Pink) or
Section 504 Folder
-Complete Report of Use of Manual Physical
Restraint (Form # 2007194)
-Enter contents of Report of Use of Manual
Physical Restraint (Form # 2007194) as DRAFT
in FLDOE’s web-based system
-Enter incident in Cross Pointe/Discipline
section (Panel 273-Student Record)
-File completed Report of Use of Manual
Physical Restraint (Form # 2007194) in
student’s Work Folder in classroom
-If not returned, make reasonable attempts to
obtain signed parent/guardian acknowledgment
of receipt of Notification of Use of Manual
Physical Restraint (Form # 2010059)
-File in student’s ESE Audit (Pink) or Section
504 Folder
N/A
-Finalize DRAFT of Restraint Incident Report
entered in FLDOE’s Web-based system
-Complete Cover Letter (Form # 2010060), print
copy of FINAL Restraint Incident Report from
FLDOE’s web-based system, & mail both to
parent/guardian
-File copies of Cover Letter & FINAL Restraint
Incident Report from FLDOE’s web-based
system in student’s ESE Audit (Pink) or Section
504 Folder
N/A
-Make reasonable attempts to obtain signed
parent/guardian acknowledgment of receipt of
copy of FINAL Restraint Incident Report from
FLDOE’s web-based system if not returned
-File in student’s ESE Audit (Pink) or Section
504 Folder
N/A
44
1. GUIDELINES FOR TEST ACCOMMODATIONS
Through the planning process, the 504 committee, comprised of a team of professionals familiar with
the student, family members, and depending on their age, the student, makes decisions about what
accommodations the student needs for his or her educational program or for the state and district
testing programs.
It is important to consider the needs of each student on an individual basis.
Accommodations:
• Must be necessary
• Should facilitate accurate demonstration of knowledge and skills
• Must not provide an unfair advantage or compromise test validity
• Should be the same for instruction and assessment situations
Accommodations provided to the student on the FCAT should not be new to the student.
Refer to the FCAT test manual regarding approved FCAT accommodations.
Each individual test manual lists allowable accommodations for the specific test.
Accommodations for assessment must be ones that the student has already used in instruction and
classroom assessments and that using these accommodations has proven beneficial for the student.
Accommodations are identified and recorded on the student’s Section 504 Accommodation Plan.
Reminder: Prior to registration for College Board Test (i.e. PSAT, SAT, ACT) inform parents of process to
request accommodations.
2. SECTION 504 AND GIFTED
A student participating in the gifted program who has been determined to have a physical or mental
impairment which substantially limits a major life activity is protected under Section 504.
The student will receive the classroom accommodations as identified in the special considerations
section on their Educational Plan (EP).
If those classroom accommodations require test
accommodations in the educational setting those accommodations will be allowed for standardized
tests.
A gifted student will not have an EP and a 504 Accommodation Plan as the 504 accommodations will be
documented on the student’s EP.
45
46
Process for transportation request for a student within two mile walk zone.
Parent requests transportation for child within the two mile walk zone and provides the following
information to the school.
• letter from the physician, and/or
• emergency care plan
Refer student to Problem Solving Team to ask the following questions.
1. Does the student’s medical condition have an impact on his/her educational setting?
2. Are accommodations relevant to medical condition provided to the student during his/her
educational setting?
3. Does the medical condition substantially limit a major life activity (walking, speaking, seeing,
hearing, learning, breathing, caring for one’s self, performing manual tasks, and working?
If a no response applies to any of the above questions, then the request for transportation within the
two mile walk zone will be denied.
If the Problem Solving Team can answer yes to all the questions, then the Section 504 committee should
convene to address eligibility/ineligibility for Section 504. Since this is a possible transportation
accommodation, transportation office should be aware of this prior to the 504 eligibility/ineligibility
meeting in order to send a designee. If the student is determined eligible under Section 504 then an
Accommodation Plan must be written listing all necessary accommodations addressing the student’s
medical condition that substantially limited a major life activity.
The 504 Plan must be reviewed every year by the 504 committee and periodic reevaluations (every 3
years or before any significant change in placement).
Scenarios:
1. The parent provided a prescription for transportation (two mile zone) from the pediatrician due
to “hip dysplasia.” There was not a request for exception from PE or accessing the school
campus. The child did not show any problems with a limp or difficulty with walking or running
during the school day. The school nurse contacted her area supervising nurse who in turn called
the doctor’s office. The doctor’s nurse did not report that the child required any other
accommodations other than transportation. The doctor was not treating the dysplasia, but was
monitoring it. The Section 504 committee met and did not determine eligibility for 504 since
the data did not support that the student had a substantial limitation to the major life activity of
walking.
2. The parent provided a letter from the physician stating the student required transportation (two
mile walk zone) for his asthma. Prior to this letter the physician had written an exemption from
PE and limited distance walking outside during school day. During extreme temperatures (90’s)
the student should remain inside. The school had already initiated these accommodations. The
Section 504 committee met and determined the student eligible for Section 504 and developed
accommodations (Accommodation Plan) to address the major life activity of breathing to be a
substantial limitation for this student.
If you have additional questions concerning this process, please contact the compliance office (60030) or
transportation (20810).
PG 09/07
47
SECTION 504 OF THE REHABILITATION ACT
AND
AMERICANS WITH DISABILITIES ACT
QUESTIONS AND ANSWERS
What steps are taken when a parent requests a 504 plan for their child?
If the condition is clearly physical in nature, the 504 contact would determine if the needs of the
student could be addressed through an Emergency Care Plan. Physical conditions that may
necessitate the need for an Emergency Care Plan include asthma, diabetes, allergic reactions, and
seizure disorders. In these instances, the student would immediately be provided with the
accommodations, the accommodations would be documented on the Emergency Care Plan, and the
parent would be notified of the plan.
What steps are taken when a parent requests that their child receive accommodations
through a 504 plan for other conditions (e.g., ADHD)?
It is not unusual for a parent to provide documentation to a school indicating that their child has
been diagnosed as ADHD by a medical professional or other appropriately licensed professional.
This documentation in itself does not indicate that the child is eligible for a 504 plan. In these
instances, the behaviors that are interfering with learning should be addressed through the PST
process. Forms PST 1-3 should initially be completed by the teacher, with the assistance of Student
Services personnel for PST 1 if appropriate. Form PST 3 specifically collects information related to
academic enablers (e.g., work completion, following directions, etc.) Furthermore, accurate
completion of PST 3 will enable the team to determine if the student is above, at, or below grade
level in the various academic content areas. The teacher completing the form will also be asked to
indicate how the student is performing behaviorally compared to peers. The responses to the
questions on PST 3 will serve as the foundation for interventions related to the specific problem(s).
These interventions will be documented on PST 4.
If the interventions that are developed to address the behavioral concerns are not resolved
at this point, what are the next steps?
As with any academic or behavioral problem, if the interventions are not successful, the teacher
would request the assistance of the school’s Problem Solving Team (PST). During this meeting, the
team would review the data collected, including the documentation of the medical condition if
available, and determine if the child meets eligibility criteria for the development of a 504 plan.
While there may be documentation of the medical condition (e.g., ADHD), the team may determine
that based on the data, the condition is not substantially limiting learning.
48
If PST 3 indicates that the student is at or above grade level and behaviors are not
considered problematic, do interventions still need to be developed and recorded on PST 4?
No. If academics are on grade level (or above) and behaviors are not considered problematic (i.e.,
interfering with the student’s learning or the learning of others), there is no reason to develop
interventions.
If PST 3 indicates that the student is at or above grade level and behaviors are not
considered problematic, and hence, interventions are not needed, would the student still be
eligible for a 504 plan?
Not necessarily. To be eligible for a 504 plan, there must be documentation of an impact on a
major life activity. If the student is at or above grade level and behaviors are not considered
problematic, it would stand to reason that the major life activity of learning is not being impacted.
What should a teacher do if they suspect that a student has ADHD?
Senate Bill 1090 clearly specifies that any medical decision made to address a student’s need is a
matter between the student, the student’s parent, and a competent health care professional chosen
by the parent. As a result, teachers and school district personnel are prohibited from suggesting
that a parent take a child to a medical professional for an evaluation of ADHD. The legislation
further specifies however that teachers may share school-based observations of a student’s
academic, functional, and behavioral performance with the student’s parent and offer program
options and other assistance that is available to the parent and the student based on the
observations. Within Volusia County Schools, the Problem Solving Team process would be an
appropriate venue to share these observations and to seek assistance.
.Is it appropriate for a teacher to request a Conners’ Rating Scale or other behavior rating
scale to provide to the parent so that the parent can take this information to their physician?
No. In these instances, the teacher should focus on the behaviors (as opposed to a possible medical
diagnosis) that are impacting learning. If the child is having difficulty completing work, is
inattentive, or not focusing, interventions should be developed that are targeted to these specific
areas. Your school psychologist can help you with the selection of appropriate interventions and
monitoring of progress.
When a student is determined ineligible for Exceptional Student Education (ESE) service will
they automatically be eligible for a Section 504 Plan?
No, but if there is documentation that the condition is impacting learning, notify the PST Chair, so
the implementations of the interventions in the general education setting continue to be monitored.
Eligibility or ineligibility for Section 504 would be based on whether the student has a “physical or
mental impairment that substantially limits a major life activity.”
49
What are some identifying factors to look for when determining eligibility for Section 504?
Here are some factors to consider: 1) a student has a physical or mental impairment; 2) this
impairment substantially limits a major life activity; 3) student exhibits a lack of success in the
general education setting; 4) a review of student’s cumulative folder; 5) identify student’s academic
level, on or below grade level; 6) review and discuss standardized test scores; 7) examine any
evaluation information; 8) discuss grades both present and past for each school year; and 9)
request school, teacher and parent input; 10) refer to the Problem Solving Team and/or review
interventions and progress monitoring.
Does every child with a physical or mental impairment automatically qualify for Section
504?
No, the student’s physical or mental impairment would have to substantially limit a major life
activity. Major life activities are as follows: caring for oneself, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, working, reading, thinking and concentrating. While
addressing the student’s success in the general education setting, the Section 504 committee, along
with the parent/guardian, would review the student’s needs. This would assist with the
determination of eligibility or in eligibility for Section 504.
What constitutes a “substantial limitation”?
The 504 regulations are silent on a definition of “substantial limitation”.
However, under the Americans With Disabilities Act, a major life activity is deemed to
Be substantially limiting when, “the individual’s important life activities are restricted
As to conditions, manner or duration under which they can be performed
comparison to most people (HR#101-485(II) p. 52).”
Does the parent/guardian require a notice for the Section 504 eligibility and/o r
review?
Yes, the parent would receive a Parent Notice of Meeting, documenting the purpose of
the meeting, the place, date, and time.
When is the Section 504 Plan implemented?
Once the student has been determined eligible for Section 504, the accommodation
plan would be developed and implemented. Then every year this plan is reviewed and
revised based on the student’s needs. An evaluation will take place every three years
as long as the student continues to be eligible for Section 504. This evaluation would be
relevant to the student’s disability and documented needs.
Where is the Section 504 information stored?
This information should be placed in the 504 folder inside the student’s
cumulative file. After each 504 review, copies of the Accommodation Plan
would be placed in the 504 folder.
50
How often is a Section 504 Plan reviewed and rewritten?
A Section 504 Plan must be reviewed and rewritten every year. This plan can be
reviewed sooner if there is a need.
When is a reevaluation completed for a Section 504 student?
Three years from the initial eligibility implementation of the Section 504
Accommodation Plan and every three years thereafter as long as the
Student continues to receive 504 accommodation
What assessments tools are used for a three-year reevaluation?
The reevaluation would consist of a review of the accommodation plan and
current data on performance that may include classroom grades, curriculum
based assessments, and behavioral information (i.e.
Academic/Social/Behavioral Ratings document). A reevaluation under 504
does not require a comprehensive evaluation.
With respect to transportation, what are the public school district’s duties under
Section 504?
The district’s duties are twofold:
A qualified student with a disability under Section 504 must be given access to
Transportation as a similarly situated nondisabled student has access.
Section 504 provides transportation as a related service when an eligible child’s
Physical or mental impairment warrants the district to provide transportation
so that the student can access education at the school. Transportation issues must
Be addressed on a case by case basis. It is clear that parental convenience alone does
not create a Section 504 duty to transport students with specific medical issues.
Is a student eligible for Section 504, if he/she requires modifications for
standardized test?
No, eligibility for Section 504 is not based upon a student requiring modifications for
standardized test.
Can an ESE student have a Section 504 Plan?
When the student has an active Individual Education Plan (IEP), this would address any disabilities
under Section 504. The IEP review committee should discuss any issues concerning the student’s
disability at every IEP review. Any modifications and interventions would be documented on the
IEP. Necessary committee members should be invited to the IEP meeting. If a student has a gifted
EP and is eligible for 504 accommodations, the accommodations are included in the EP. This would
be the same process for a student who has a speech IEP.
51
INTEROFFICE MEMORANDUM
Date:
To:
From:
Re:
March 19, 2009
PST Chairs and Section 504 Contacts
Mary Alice Myers, Coordinator of School Psychological Services
Doug Sayre, District Section 504 Contact
PST Process for Section 504 Referrals
As you may be aware, Volusia County Schools’ Section 504 process has been revised and is now embedded within
the Problem Solving Team (PST) process. The purpose of this revision is to meet the intent of the federal
requirements set forth in Section 504 of the Vocational Rehabilitation Act of 1973.
It is important to remember that students who are being referred for Section 504 accommodation plans are first
and foremost general education students. Within this framework, any problem that is impacting learning should
be brought to the attention of the school’s Problem Solving Team. With data and input from educators and
parents, the team will determine if academic performance is being negatively impacted by the reported condition
or if further evaluation is warranted. This level of analysis will help determine whether in fact there is a need for
special services or accommodations. Furthermore, the Problem Solving Team will generate interventions linked to
the area of concern and will determine if the needs of the students can adequately be met within the general
education setting.
Historically, a number of students have been deemed eligible for Section 504 plans based on single source data as
the sole determining factor. This practice (e.g., a physician’s note indicating a diagnosis of ADHD) is not in itself
justification for Section 504 eligibility. A medical diagnosis or psychological report can be utilized to alert the
school to refer the student to the Problem Solving Team. As with any other academic or behavioral concern, the
Problem Solving Team then follows the PST process and the team’s decision is documented on PST 8 (e.g., referral
for psychoeducational evaluation, modification of interventions, or the development of a 504 plan). The team may
also determine that a need does not exist based on input from the team and the student’s response to
interventions. In these instances, despite a diagnosis, the team would deem the student ineligible for Section 504
accommodations.
Your school psychologist is receiving on-going training on these procedures and will be able to assist as you begin
to encompass Section 504 considerations into your schools’ PST process. In addition, the January 2009 revision to
the school district’s Section 504 manual contains detailed information about this process as well as answers to
frequently asked questions. We will be sending further clarification and posting information on the upcoming
Section 504 link on the PST webpage.
Many of you currently serve as both the PST Chair and Section 504 contact at your schools. For those of you who
don’t serve in both capacities, the Section 504 contact should collaborate with the PST Chair so that Section 504
referrals can immediately begin going through the PST process. In these instances, the Section 504 contact will still
serve as the contact for 504 issues and will share relevant information at the PST meetings. While this process
may seem challenging, it is our expectation that this will result in a much smoother and consistent process for all
involved. Please do not hesitate to contact us with any further questions that you may have.
52

PROCEDURES MANUAL SECTION 504 of the REHABILITATION ACT of 1973

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