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Policy 9060 Implementation Procedures - Rehabilitation Act of 1973 Compliance: Section 504

Implementation Procedures

I. Definitions

Within the context of these implementation procedures, the following definitions apply:

  1. Assessments/Testing – Psychological, educational, speech, language, or other professionally administered instruments considered by the 504 Team in making eligibility, accommodation, or reasonable modification determinations.

  2. Mitigating Measures – Devices or practices that a student uses to correct or reduce the effect of his/her mental or physical impairment.

II. Referral, Evaluation, and Eligibility

  1. A referral/request for services for a student will be delivered to the 504 Team. Upon receiving a referral, the team will review information from a variety of sources and determine whether the student is eligible for a 504 Plan or whether additional information, such as assessments/testing, is necessary.

  2. Parents will be provided notification of the time and place of all 504 Team meetings concerning their child. They will also be provided a copy of the HCPSS Notice of Procedural Safeguards Under Section 504 of the Rehabilitation Act of 1973 prior to or at the 504 Team meeting.

  3. If a 504 Team determines assessments/testing are necessary, parental consent will be obtained.

  4. If parental consent is obtained, all assessments/testing should be completed within guidelines established by the HCPSS Procedures and Guidelines for Implementing Section 504 of the Rehabilitation Act of 1973.

  5. HCPSS will provide any assessments/testing deemed appropriate by the 504 Team.

  6. The HCPSS will consider any private evaluations submitted by the parents that are provided in whole to the 504 Team.

  7. The benefits of mitigating measures, with the exception of ordinary eyeglasses and contact lenses, will not be considered when determining whether an impairment substantially limits a major life activity. If the Section 504 Team determines a student has a disability, then the student’s use of mitigating measures may be considered in determining whether or not the student requires a 504 Plan.

  8. If a student meets eligibility requirements for a 504 Plan, the 504 Team will develop the 504 Plan. The accommodations and/or reasonable modifications of that 504 Plan should be designed to afford the student with a disability the opportunity to receive the benefits from programs and activities to the same extent as a typical student in the general population.

  9. Meetings of the 504 Team will take place either to review 504 Plans or to determine eligibility for students. Minutes will be kept for each 504 Team meeting. Minutes will include:

    1. Name of student

    2. Date of meeting

    3. Names of participants and their titles

    4. Statement that parent received the Notice of Procedural Safeguards

    5. Names of assessments/test/recommendations/other data reviewed

    6. Team decision on 504 eligibility and reason for decision.

III. Implementation and Review

Implementation and distribution of a 504 plan will be in compliance with HCPSS Procedures and Guidelines for Implementing Section 504 of the Rehabilitation Act of 1973.

  1. After a 504 Plan has been approved, a timely implementation date will be chosen by the 504 Team.

  2. The 504 Plan will be accessible to appropriate employees who provide services to the student.

  3. The administrator/designee will ensure that all substitute teachers, both long- and short-term, receive appropriate information regarding their students’ 504 Plans.

  4. 504 Plans will be reviewed at least annually to determine whether the plan, accommodations, and/or the reasonable modifications remain appropriate.

  5. Within three years of the initial evaluation or most recent reevaluation meeting, the 504 Team will conduct a reevaluation to determine whether or not the student remains eligible with a qualified disability.

IV. Discipline of 504 Eligible Students

A student with or eligible for a 504 Plan should be disciplined consistent with the appropriate provisions of Policy 9200 - Student Discipline and the HCPSS Student Code of Conduct.

V. Extracurricular Activities

  1. A student eligible for a 504 Plan will have the same opportunity to participate in extracurricular activities as any HCPSS student.

  2. The 504 Plan may include accommodations and/or reasonable modifications for the student to access extracurricular activities, as necessary.

  3. A high school student eligible for a 504 Plan must meet the academic eligibility requirements consistent with the appropriate provisions of HCPSS Policy 9070 - Academic Eligibility for High School Extracurricular Activities.

VI. School-Based Directives

In order to ensure compliance with this policy and federal law The Department of Special Education and Student Services will review, maintain, and update the HCPSS Procedures and Guidelines for Implementing Section 504 of the Rehabilitation Act of 1973. These procedures and guidelines provide guidance on 504 procedures for school-based employees and families.

VII. Designation of HCPSS 504 Coordinator

The HCPSS 504 Coordinator is the Instructional Facilitator for Psychological Services or designee.

VIII. History

ADOPTED: October 14, 1999

REVIEWED:

MODIFIED:

REVISED: February 10, 2011, April 14, 2016

EFFECTIVE: July 1, 2016