Section 504 Policies and Procedures. By December 15, 2013, the School will develop, and submit for OCR’s approval, policies and procedures that provide for the evaluation and placement of students with disabilities at no cost to parents/guardians in accordance with Section 504 and Title II, and specifically with the Section 504 regulation at 34 C.F.R. §§ 104.3 (definitions), 104.33 (free appropriate public education), 104.34 (educational setting), 104.35 (evaluation, re- evaluation, and placement), and 104.36 (procedural safeguards). The policies and procedures will specify that, for each student who, because of disability needs or is believed to need special education or related services, the School will develop and implement a plan designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met. The policies and procedures will require the following:
Section 504 Policies and Procedures. 1. The district will review, revise, and adopt, as needed, its Section 504 policies, procedures, and practices (revised 504 procedures) to ensure that a qualified student with a disability who receives services under the Individuals with Disabilities in Education Act (IDEA) or Section 504 services and who is the target of bullying and/or harassment continues to receive a free and appropriate public education. The revised 504 procedures should state that as part of a school’s appropriate response to bullying on any basis, the school should convene the student’s Individualized Education Plan (IEP) or 504 team to determine whether, as a result of the effects of the bullying, the student’s needs have changed such that the IEP or 504 plan is no longer designed to provide a meaningful educational benefit.
Section 504 Policies and Procedures. 1. The School will draft policies and procedures to be consistent with the legal standards under 34 C.F.R. §§ 104.33-104.36 and the ADA Amendments Act of 2008.
Section 504 Policies and Procedures. 1.1 The WCSD shall review and revise its Section 504 policies and procedures to ensure that they include established standards and procedures for the evaluation and placement of individuals who, because of disability, need or are believed to need special education or related services, including:
(a) Evaluation Procedures that ensure that:
(i) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;
(ii) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient;
(iii) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).
(iv) Students who have been provided special education and related services are periodically re-evaluated. A reevaluation procedure consistent with the Individuals with Disabilities Education Act (IDEA) is one means of meeting this requirement.
(b) Placement Procedures that ensure that in interpreting evaluation data and in making placement decisions, the WCSD shall:
(i) Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
(ii) Establish procedures to ensure that information obtained from all such sources is documented and carefully considered (e.g., evaluation data);
(iii) Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and
(iv) Ensure that the placement decision is made in conformity with §104.34.
Section 504 Policies and Procedures. A. The Charter School will develop written procedures outlining its responsibilities under the regulations implementing Section 504 and Title II to provide a free appropriate public education (FAPE) to qualified individuals with disabilities.
B. The Charter School’s Section 504 policies and procedures will comply with the procedural requirements of 34 C.F.R. §§ 104.34-104.36 pertaining to educational setting, evaluation and placement, and due process protections.
C. The Charter School will revise its notice of procedural safeguards entitled, “Your Right Under Section 504” so that it includes a review procedure as required by 34 C.F.R. §104.36 of the regulations.
D. Reporting Requirements
1. By May 31 2018, the Charter School will provide OCR with a draft of the Section 504 policies and procedures and the revised notice of procedural safeguards as described above for OCR’s review and approval.
2. OCR and the Charter School will work cooperatively to resolve any questions presented in the draft documents. The Charter School will address OCR’s comments, finalize and adopt the Section 504 policies and procedures and notice of procedural safeguards, and provide a copy of both documents to OCR within 15 days of receiving approval from OCR.
Section 504 Policies and Procedures. By December 15, 2013, the School will develop, and submit for OCR’s approval, policies and procedures that provide for the evaluation and placement of students with disabilities at no cost to parents/guardians in accordance with Section 504 and Title II, and specifically with the Section 504 regulation at 34 C.F.R. §§ 104.3 (definitions), 104.33 (free appropriate public education), 104.34 (educational setting), 104.35 (evaluation, re-evaluation, and placement), and 104.36 (procedural safeguards). The policies and procedures will specify that, for each student who, because of disability needs or is believed to need special education or related services, the School will develop and implement a plan designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met. The policies and procedures will require the following: that a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options (the Section 504 Team) determine whether the student has a disability within the meaning of Section 504 and Title II, i.e., whether the student has a physical or mental impairment that substantially limits one or more major life activities; that, in evaluating each student to determine if the student has a physical or mental impairment that substantially limits one or more major life activities, the Section 504 Team will construe the definition of disability broadly and: (i) consider whether an particular mental or physical impairment substantially limits one or more major life activities, not solely learning or the ability to function in the school setting; (ii) not take into account mitigating measures, such as medication being taken by the student or related aids and services or modifications already being provided to the student or used by the student; and (iii) recognize that, if the student has an impairment that is episodic in nature or in remission, the student is eligible to be a student with a disability under Section 504 if the impairment, when active, substantially limits one or more major life activities; that, in making these determinations, the Section 504 Team will ensure that tests and other evaluation materials have been validated for the specific purpose used and are administered by trained personnel; tests and other evaluation materials include those tailored to address specific areas of educational need; tests are selected and administered so th...
Section 504 Policies and Procedures. By January 9, 2017, the District will make the following revisions to its Section 504 Manual:
A. The Section 504 Manual currently states: Mental or physical impairments are broadly defined and include any physiological disorder or condition or any mental or psychological disorder, whether formally diagnosed or not. However, an impairment, alone, is insufficient to qualify a student as Section 504 disabled. In addition, a medical diagnosis or the fact that a student takes medication is not controlling in determining whether that student has a 504 disability. The Office for Civil Rights, which is charged with the responsibility to enforce 504, has stated that finding a student 504 eligible solely on the basis of a diagnosis generally violates Section 504 [emphasis original]. The District will replace the language bolded above with the following1: An impairment, in and of itself, is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504. Similarly, a medical diagnosis of an illness, or the fact that a student takes medication, does not automatically mean a student will qualify for services under Section 504. The Americans with Disabilities Act Amendments Act of 2008 emphasized that the definition of “disability” under Section 504 and Title II should be interpreted broadly.
B. The Section 504 Manual currently states:
Section 504 Policies and Procedures. By May 1, 2015, the District will review its Title II and Section 504 policies, procedures, manuals, and forms (Section 504 Procedures) to ensure the procedures related to the identification, evaluation and placement of students with disabilities comply with the Section 504 implementing regulations at 34 C.F.R. §§104.31-36. The revised Section 504 Procedures will be consistent with the legal standards under the Americans with Disabilities Amendments Act of 2008 (ADAAA), the guidance set forth in the January 19, 2012 Dear Colleague Letter from the U.S. Department of Education Assistant Secretary for Civil Rights and its attached FAQs. The revised Section 504 Procedures and forms will include the definition of an individual with a disability at 34 C.F.R. 104.3(j) (2), as amended by the ADAAA. The definition will also include several examples of major life activities, such as reading, writing, thinking and concentrating, and an explanation of “substantially limits.” This explanation will state that an impairment need not prevent or severely restrict a major life activity to be considered substantially limiting. The Section 504 Procedures will make clear that the determination of whether an individual has a disability should not demand extensive
Section 504 Policies and Procedures. The District will revise its Section 504 policies and procedures, including Board Policy and Administrative Regulation 6164.6, its Section 504 Handbook and Forms, and its Special Education and Office for Student Services webpages, to: Identify that the determination of whether an individual has a disability is made consistent with the current requirements of the ADA Amendments Act of 2008 (ADAAA) and its implementing regulations, as also incorporated into Section 504, including that such a determination may not be foreclosed solely on the basis of bottom line measures, such as grades; Identify the District's process for responding to a referral for evaluation under Section 504 consistent with the statute and regulations by: Identifying the individual(s) responsible for reviewing referrals, determining whether an evaluation is appropriate, and initiating any necessary evaluation; the factors to be considered when making the evaluation determination; and the reasonably prompt timefrarnes for these actions; Describing how and when the District Will inform parents/guardians of a decisjon to not evaluate a student and of the procedural safeguards; and
Section 504 Policies and Procedures. To ensure that each student with a disability in the Academy is provided a free appropriate public education consistent with the regulatory requirements of Section 504, the Academy will prepare draft policies and procedures that comply with Section 504. Within 30 days of the receipt of notice of OCR’s approval of the proposed Section 504 policies and procedures, the Academy will adopt, implement, and publish the policies and procedures in its student and employee handbooks and incorporate it into the Academy’s website.
