Student Handbook
2007-2008
504 PLAN PROPOSAL
I. 504 Description and Purpose
Section 504 of the Rehabilitation Act of 1973 states that "no otherwise qualified individual with a disability in the United States . . . shall, solely by reason of his handicap, 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 . . . " The Office of Civil Rights ensures this act and its provisions to all people. It is to protect anyone with disabilities from discrimination by assuring program and physical accessibility to all. It guarantees that no child is to be prohibited from any program for physical disability. 504 eliminates discrimination giving equal opportunities to all students to obtain the same result, benefit, and level of achievement as students without disabilities.
II. Eligibility
504 covers any student who has physical or mental impairment which substantially limits one or more major life activities if there is a record of such impairment or if the student is regarded as having an impairment or if the student is regarded as having an impairment. Any school age child is eligible for services if there is impairment such as sensory, speech, cardio-vascular, digestive, endocrine, skin, lymphatic system, or urinary loss. If a student has a substantial limitation and is unable to perform a major life activity may be defined as any activity that an average person can perform without significant restriction as to condition, manner, severity, or duration of condition. Major life activities include self-care tasks, manual tasks, walking, hearing, speaking, breathing, working, seeing, and learning. Eligibility is based on the definition of 504 (see I.), not on categories and not related to eligibility in any other program. Eligible students are non-special education students, tested but not placed students, students previously in special education but currently being in transition out of special education, students with a history of drug or alcohol use who have received rehabilitation services, students with health needs, students with communicable diseases and AIDS, students with ADHD, and socially maladjusted or emotionally disturbed students.
III. Procedures
A. Referral - a parent, teacher, counselor, or administrator may refer a child for 504 services. The person referring will fill out a referral sheet and contact the principal or superintendent. The parent or guardian will provide documentation of the disability by test report or doctor's report. The referring person will call a committee meeting.
B. Evaluation - a doctor's report or medical form, a checklist, or a specific test for problems may be used for evaluation.
A committee of a parent, teacher, administrator, counselor and the 504 coordinator will meet to review the records and reports and determine eligibility. Individual Program Development If a student is eligible for 504 services, the accommodations for his disability will be built on the child's needs and developed by the committee to serve in the regular classroom setting. At the committee meeting, the parent is to sign showing agreement with accommodations. Committee meetings are held any time there is a change in the child's educational program.
Procedures for Re-evaluation
The beginning date for accommodations is immediate upon committee action. Ending date for services is the last day of school. Plans will be reviewed within a time specified on the plan. Committee will provide a review according to time specified. Any additional information to maintain or continue will be provided.
Due Process Procedures
If any member of the committee feels the plan recommended is not implemented, implemented incorrectly, or due process is not followed, then he may:
1. Contact the 504 coordinator
2. Schedule a review of the child's program
3. If at the review, the committee thinks needs are not being met, the committee or individual should contact the superintendent
4. The superintendent will review the complaint
5. The parent may file a formal complaint with the Office of Civil Rights
6. Parents have a right to attorneys' fees to secure student's rights
When School Staff Should Consider the Existence of a Handicap and Possible Section 504 Protection
-When suspension or expulsion is being considered for any student
-When retention is being considered for any student
-When a student shows a pattern of not benefiting from the instruction being provided
-When a student returns to school after a serious illness or injury
-When a student is referred for evaluation but it is determined not to do an evaluation under the IDEA
-When a student is evaluated and is found not to qualify for Special Education services under the IDEA
-When a student exhibits a chronic health condition
-When a student is identified as "at risk" or exhibits the potential for dropping out of school
-When substance abuse is an issue
-When a handicap of any kind is suspected
-When a new building or remodeling is being considered