5148 - Identification and Education Under Section 504

The County Superintendent of Schools recognizes the need to identify and evaluate students with disabilities in order to provide them with appropriate educational opportunities. Such individuals may require accommodation(s) including regular and special education and/or related aids and services under Section 504 of the Rehabilitation Act of 1973. Section 504 is an Act which prohibits discrimination against persons with a disability in any program receiving Federal financial assistance.

The County Superintendent of Schools or designee shall establish procedures whereby parents/guardians and/or staff may request screening and evaluation for any student they believe to have a disability that significantly impairs his/her learning.

The County Superintendent of Schools Office shall provide accommodations for students with disabilities who are not eligible for services under the Individuals with Disabilities Education Act (IDEA 1997). The Office shall provide an evaluation and implement a plan for the delivery of needed services for students it has reason to believe are eligible for accommodation under Section 504. Parents/guardians shall be provided with notice of identification, evaluation and/or placement of the student, and shall be entitled to a formal appeal process if they disagree with the County Office’s decisions in these matters.

Pursuant to the Code of Federal Regulations, Title 34, Section 104.3, as amended by ADA Amendments Act of 2008, a student who may need services under Section 504 is one who has a physical or mental impairment that substantially limits one or more major life activities, including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working, or has a record of such impairment or is regarded as having such impairment. Indications of a possible disability that significantly impairs a student’s learning include, but are not limited to: medical conditions impairing major bodily functions including functions of the immune system, normal cell growth, digestive, bowel, bladder, brain, respiratory, circulatory, endocrine, and reproductive functions; temporary medical condition due to illness or accident; poor or failing grades over a lengthy period of time, even when demonstrating a reasonable effort to learn; attention deficit disorder or attention deficit hyperactivity disorder; obesity; AIDS; or juvenile arthritis; mild learning disabilities; dyslexia; Tourette’s Syndrome; parents with a hearing impairment; allergies; or students with these and other disabilities may be eligible for accommodations under Section 504.

(cf. 0410 – Nondiscrimination in Programs and Activities)Legal Reference:

UNITED STATES CODE, TITLE 20
123g family Educational Rights and Privacy Act of 1974
1400 et seq. Individuals with Disabilities Education Act

UNITED STATES CODE, TITLE 29
701 et seq. Rehabilitation Act of 1973
794 Rehabilitation Act of 1973, Section 504

CODE OF FEDERAL REGULATIONS, TITLE 34

• 104.1-104.61 Nondiscrimination on the basis of disability in programs and activities receiving Federal financial assistance.
• 104.1 Purpose to effectuate Section 504 of the Rehabilitation Act of 1973
• 104.3 Definitions
• 104.35 Evaluation and placement
• 104.36 Procedural safeguards
• Southeastern Community College v. Davis (1970) 442 U.S. 397; 99 Supreme Court 2361

A free appropriate public education is the provision or regular and/or special education and/or related aids and services that are designated to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met. This definition is the underlying definition when referring to “accommodations or services” described below. A school site Student Success Team (SST) shall meet to evaluate the student’s eligibility under Section 504, and the student’s parent/guardian shall be invited to participate. The evaluation process may include, but is not limited to, classroom and outdoor observation, performance-based testing, academic assessment information, and data offered by the parent/guardian. The SST will review the following:

• The nature of the disability
• How the disability affects the student’s education
• Whether accommodations are needed; and if needed,
• The appropriate plan for services

If the student is found to have a defined disability that significantly interferes with a major life function, his/her learning, he/she shall be eligible for accommodations under Section 504, and the Student Success Team shall develop a written accommodation plan for the student. This plan shall specify the accommodations that will be made in the regular education program in order to ensure the student a free appropriate education; it shall also include a schedule for periodic review of the student’s needs and indicate that this review may occur sooner at the request of the parent, guardian, and/or school staff. Prior to any significant change in the educational placement of a qualified student with a disability, the County Office will conduct a comprehensive reevaluation of the student’s needs.

The SST shall provide the parent/guardian with a written copy of the accommodation plan. If the committee determines that no accommodation is needed, the parent/guardian shall receive a summary of the proceedings stating the basis for this decision. If a parent/guardian disagrees with the identification, evaluation, or reasonable accommodation or services of a student with disabilities under Section 504, as determined by the site SST, he/she has the right to appeal the decision through the County Office’s appeal process.

Procedural Safeguards (34 C.F.R. 104.36)

1. A parent or guardian shall be notified in writing of all district decisions concerning the identification, evaluation, or educational placement of their child made under this policy.

2. A parent or guardian of a qualified student with a disability has the right to review relevant records. Records may be reviewed at the school site.

3. A parent or guardian may appeal decisions made by the County Office relating to any of the following:

a. Identification of the student as qualified with a disability pursuant to 34 C.F.R. Section 104.3(j).

b. Evaluation procedures utilized with the student pursuant to 34 C.F.R. Section 104.35.

c. Education placement/services recommended for the student in accordance with 34 C.F.R. Section 104.35.

4. The appeal is to be filed in the office of the Section 504 Coordinator and will identify the County Office decision with which the parent disagrees.

5. Within twenty (20) calendar days of receipt of a written appeal and request for hearing, the Section 504 Coordinator will select an impartial hearing officer in each case for which a hearing has been requested.

6. Within forty-five (45) calendar days of the selection of the hearing officer, the hearing on the appeal shall be conducted and a written decision mailed to all parties.

7. A hearing officer selected by the County Office must satisfy the following requirements:

a. Be qualified to review district decisions relating to Section 504 of the Rehabilitation Act.

b. Not be an employee of the County region or the SELPA in which the student attends a County program, and shall not be a person who has a professional or personal involvement that would affect his/her objectivity in this case.

8. Any party to the hearing shall be afforded the following rights:

a. The right to be accompanied and advised by counsel and by individuals with special knowledge or training relating to the problems of students who are qualified with a disability within the meaning of Section 504.

b. The right to present evidence, documentary and testamentary.

c. The right to question and cross-examine witnesses.

d. The right to written findings of fact, conclusions of law and decisions prepared by the hearing officer.

e. The right to prohibit the introduction of evidence at the hearing that has not been disclosed to the other party or parties at least five (5) calendar days prior to the hearing, except for good cause shown.

9. The hearing officer shall render a decision pursuant to the legal standards set forth in 34 C.F.R. Part 104.

10. Either party may seek review of the hearing officer’s decision by a court of competent jurisdiction.

Annual Notice

NONDISCRIMINATION POLICY (Federal Regulations, Title IV, Title IX, and Section 504 of the Rehabilitation Act of 1973)

The County Superintendent of Schools is committed to equal opportunity for all individuals in education and does not discriminate on the basis of sex, race, color, national origin, religion, age, disability or physical or mental disability, or any other unlawful consideration. Questions or concerns regarding these rights or allegations of discrimination in County programs should be directed to the Section 504 Coordinator at (909) 386-2754

Approved: October 23, 2001
Revised: April 14, 2009

Approved October 23, 2001