Education of Students with Disabilities Under Section 504 of the
Rehabilitation Act of 1973
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STEP
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DESCRIPTION OF ACTIVITY
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1.
Concern
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Student, parent, teacher, counselor, or administrator
believe they are observing in a student substantially limited performance
in one or more major life activities that is believed to be caused by a
physical or mental impairment
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2. Referral
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The concerned individual should complete the Referral
Form and give it to the designated building team.
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3. Screening
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The designated building team reviews the referral,
completes an appropriate student's files review, and consults with teachers,
parents/
guardians, peers, professionals, and/or student
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Decision to be made: Does this student appear to
have a disability under section 504?
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If yes: • Provide the parent/guardian with a copy of
the Section 504 rights.
• If further information is needed, provide
notice to parents for evaluation and obtain their consent in writing. Also
obtain written consent for a mutual exchange of information from parent/guardian
as appropriate.
If no: • Provide screening results to source of
referral with accompanying recommendations
• Provide written notice to parents that
student does not qualify.
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4.
Evaluation
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Conduct all evaluations deemed appropriate and for which
the parent/guardian have given written permission
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5. Eligibility
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A Section 504 MDT is recommended to be composed of one
of the student's teachers (and/or the student's counselor), a building
administrator, and persons knowledgeable about the student's disability and
the meaning of the evaluation data and service options. The MDT convenes to
review all evaluation results, determine eligibility as a student with a
disability under Section 504, and document the meeting in writing. The team
composition may vary according to the needs of the student.
If no: • Consider other referral sources or options
for the student and/or school. Provide written notice to parents that
student doesn't qualify.
If yes: • The Second Decision To Be Made
Does the student also seem to have a disability under one of the IDEA
conditions? (continued on next page)
If yes: • Refer to IDEA MDT for appropriate
disposition
If no: • Proceed to step 6.
NOTE: Whatever the disposition of the case at step 5, the
MDT should complete a written Section 504 eligibility statement.
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6. Develop
Accommodation Plan
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Once eligibility under Section 504 has been
determined, the process moves to ACCOMMODATION the development of a student
accommodation plan. This plan is to be developed by PLAN a professional team
that may or may not be the same individuals who were involved at the
ELIGIBILITY step 5, but a similar minimum team composition is recommended.
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7. Parent
Permission
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Provide
parents with a copy of the Student accommodation plan and get their written
permission to initiate the plan.
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8. Educational
Services
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The educational services are implemented as outlined
in the student SERVICES accommodation plan. One individual should be
designated as the case manager to monitor the implementation of the plan
and the progress of the student.
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9. Periodic Review
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Each student accommodation plan should be reviewed by
the team periodically. Three issues which should be addressed at the review
are as follows: (1) the need for additional evaluation information, (2) the
continued eligibility as a student with a disability under Section 504, and
(3) the contents of the plan and service provider.
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NOTE: Due Process hearing or mediation requests
must be made directly to the District 504 Compliance Officer. If a parent
requests a due process hearing or mediation, districts should contact the
Office of State Superintendent of Public Instruction; Special Services
Department; Old Capitol Building; PO Box 47200; Olympia, Washington,
98504-7200; (360) 753-6733 to obtain a list of qualified hearing officers or
mediators and a sample hearing officer or mediator contract. Districts are
responsible for hearing officers or mediators. Districts are responsible for
arranging for hearing officer and mediator expenses. When contacting OSPI, be
sure they understand that the dispute is under § 504 and that the district is
just obtaining information, not seeking to have a special education hearing
set up with a state administrative law judge. OPSI encourage districts to
first utilize mediation as a method to resolve disputes.
Date: June 30, 2008
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