District Operational Guidelines for Section 504 |
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Child Find. The District coordinates efforts between the Special Education Department and the Section 504 Department to make reasonable efforts to identify, locate and evaluate students with disabilities (birth through 21 years of age) who reside within the Amarillo ISD boundaries and who are in need of services. (SEE Special Education Local Operating Guidelines-Child Find) Teachers in the district have information regarding the District’s overall early intervention process and information on how to initiate a referral. |
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Referral. |
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Parent/Guardian Referrals. If parents suspect their student to have a mental or physical impairment that is substantially limiting them in a major life activity, they may contact their student’s campus to request a §504 referral. |
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Students Dismissed from Spec. Ed. or Students Who Did Not Qualify for Special Education. All special education students who have been dismissed from special education or who did not qualify for special education shall be reviewed by the campus §504 Campus coordinator for a possible §504 Evaluation. The campus diagnostician shall complete the Referral from Spec. Ed. to §504 form and give it to the §504 campus coordinator within 5 school days of the ARD (dismissal or not eligible). The §504 campus coordinator shall review all information available (including but not limited to cumulative folder, special education records, teacher information, parent information, school health records, etc.) to determine whether a referral for a §504 evaluation is necessary. If no §504 evaluation is required, the §504 campus coordinator shall contact the parents within 20 school days from the date the diagnostician signed the Referral from Spec.Ed to §504 form, explaining why the referral did not lead to a §504 Evaluation at this time, and shall forward the Letter to Parent and Parent Rights to the parents. If the review of information leads to a §504 evaluation, the parent shall be given the Evaluate Notice and Consent for Evaluation, along with the Parent Rights within 20 school days from the date the diagnostician signed the Referral from Spec. Ed. to §504 form. |
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AISD Staff Referrals. Prior to any school initiated §504 referral, the Student Support Team (SST) shall meet, use interventions for the specified amount of time and analyze data from the intervention. There are circumstances (for example, medical or physical needs) where the campus principal may by-pass the SST process and proceed to the §504 referral. (Also refer to 11. Early Intervention Efforts) |
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Consent for Evaluation.
If a §504 Evaluation is necessary, the §504 campus coordinator will give the parent Notice of Parent Rights under §504, together with the Notice & Consent for §504 Evaluation form, and §504 Parent Information form. The parent should appropriately address each statement (YES or NO), sign/date and return the Notice & Consent for §504 Evaluation form to the §504 campus coordinator. If the parent does not return the Consent for §504 Evaluation form to the school, the school has fulfilled their child find duties. The parent may, at any time, contact their student’s campus and request again for a §504 evaluation. |
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Evaluation. When the Consent for §504 Evaluation is received from the parent, the §504 Campus Coordinator shall:: |
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Gather evaluation data and coordinate/direct the completion of the evaluation/input forms (parent, health, academic, teacher, administrator, etc.) The evaluation data consists of information from a variety of sources, including but not limited to efforts and results of early intervention activities, aptitude and achievement testing, teacher information, parent information, medical/psychological records or reports supplied by the parent to support the diagnosis of a physical or mental impairment, school health records/information, results of state assessments, attendance, grades, and behavior records. Should current special education data exist (an evaluation upon which a student was either dismissed from special education or was not IDEA eligible), that data should also be considered. |
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Ensure that should formalized testing be considered by the §504 Committee as evaluation data, the tests: |
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1.Have been validated for the specific purpose for which they are used and are administered by trained personnel in accordance with the instructions provided by the tests’ creators; |
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2. Include those tailored to assess specific areas of educational need and are not merely designed to provide a single intelligence quotient; |
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3. Are selected and administered to ensure that when a test is administered to a student with impaired sensory, manual, or speaking skills, the tests results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure rather than reflecting the student’s impaired sensory, manual, or speaking skills (except there those skills are the factors that the test purports to measure). |
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Complete the evaluation within 60 calendar days from the date of parent consent. |
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Schedule a §504 Committee meeting within 30 days of the completed evaluation date to review the evaluation data. The §504 Campus Coordinator shall provide parents with notice of the meeting at least 5 school days prior to the meeting and parents are invited to attend. Parents and school may agree to meet without 5 school days notice. The following AISD staff shall be notified and attend the meeting: AISD administrator, §504 campus coordinator, and at least one teacher of the student. The AISD administrator, §504 campus coordinator, and student’s teacher collectively have knowledge of the child, meaning of the evaluation data, and the placement options. If parents are not present or do not respond to the §504 meeting notice, the meeting shall proceed without them. |
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At the evaluation §504 committee meeting, the committee shall: |
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Draw upon information from a variety of sources in the evaluation process so that the possibility of error is minimized. |
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Document and consider all such sources of information and significant factors related to the student’s impairment and it’s effects on the major life activities. |
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Review the Evaluation Summary Report |
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Consider the ameliorating effects of any mitigating measures in determining whether the student has a disability under §504. The only exception to the consideration of mitigating measures is ordinary eyeglasses or contact lenses. |
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If the student has an impairment that is episodic or in remission, consider the impact of the impairment when it is active. |
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If the student is identified for §504, decide whether an Individual Accommodation Plan (IAP) is needed. Accommodation plans, however, shall not be developed unless needed, at the time, in order for the student to have his/her needs met as adequately as those of nondisabled students. Should need develop, the § 504 Committee shall develop an appropriate accommodation plan. Mitigating measures will be considered when developing an accommodation plan. |
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If the parents are not present at the evaluation §504 committee meeting and:
- The student is identified for §504, the §504 Campus Coordinator will provide the parent with Notice of §504 Identification and Placement letter along with a copy of the Meeting Summary Form and Individual Accommodation Plan, if one was developed.
- The student is not identified for §504, the §504 Campus Coordinator will provide the parent with §504 Notice of Ineligibility, copy of the Meeting Summary Form, along with the Notice of Parent Rights Under §504.
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Records. Section 504 records, including any evaluation data, shall be kept in either a separate §504 folder under the control of the §504 Campus Coordinator, or as a part of the student’s cumulative folder. Regardless of the location, the District will maintain confidentiality of Section 504 records/information as required by the Family Educational Rights and Privacy Act (FERPA). |
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Nonacademic Services & Extracurricular Activities. The District shall ensure that the provision of nonacademic and extracurricular services and activities are provided so that: |
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Identified students are afforded an equal opportunity to participate in such service and activities. |
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Identified students participate with nondisabled students to the maximum extent appropriate to the needs of the eligible student. |
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Individual Accommodation Plan. If the 504 Committee determined a need for an Individual Accommodation Plan (IAP), the §504 Campus Coordinator shall be responsible for providing a copy of the students Individual Accommodation Plan (IAP) to each teacher, campus administrator, or any other AISD employee who has responsibility to implement the plan. |
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Annual Review. A §504 review meeting shall be held on an annual basis, coinciding with the month of the previous year’s review meeting. For example, if the annual review was held last year on March 23, than the annual review this year shall be held sometime in March. The §504 Campus Coordinator shall provide parents with notice of the meeting at least 5 school days prior to the meeting and parents are invited to attend. Parents and school may agree to meet without 5 school days notice. The following AISD staff shall be notified of the meeting: AISD administrator, §504 campus coordinator, and at least one teacher of the student. The AISD administrator, §504 campus coordinator, and student’s teacher collectively have knowledge of the child, meaning of the evaluation data, and the placement options. At annual reviews, the §504 Committee will review all relevant educational data,. The committee will determine if the student needs an Individual Accommodation Plan (IAP). If parents are not present or do not respond to the §504 meeting notice, the meeting shall proceed without them. If the parents are not present, the §504 Campus Coordinator will provide the parent with Notice of Section 504 Identification and Placement letter, copy of the Meeting Summary Form and Individual Accommodation Plan (if one was developed) after the meeting. |
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Interaction with State Dyslexia Program. Prior to assessing a student for dyslexia and/or prior to placing a student in the State Dyslexia Program, the District must refer and evaluate under Section 504. Should a student already be special education eligible or is currently in the special education referral process, a dyslexia evaluation for that student must occur under the direction of the IDEA regulations. Also refer to the Procedures for Assessing Students for Dyslexia. |
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Referrals to Special Education. If at any time the §504 Committee determines that the disabled student may need special education in order to receive educational benefit, a special education referral shall be initiated. |
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Early Intervention Efforts. In an effort to meet the needs of struggling students as early as possible, Amarillo ISD uses an early intervention process of Student Support Teams (SST). The SST is a campus based process designed to assist struggling students by providing, appropriate to the student’s needs, differentiated instruction, regular education services and interventions, and other opportunities designed to help the student. These services may vary from campus to campus. The SST is available to all students, including students with disabilities. Should regular education, together with the early intervention efforts of the SST be insufficient to meet the needs of the struggling student, then the District will seek parental consent for a §504 evaluation.
Campus staff may request the assistance of the SST by completing and submitting to the SST campus contact the “Request for Assistance” packet. Prior to the SST meeting, all relevant data will be gathered. The SST will meet, review data, and use a problem solving approach to develop an Intervention Plan to assist the struggling student. Additional data will be gathered on the progress of the Intervention Plan. A follow-up meeting will be held to review new data. The SST may consider the case closed (student made adequate improvement), continue monitoring the Intervention Plan, revise or adjust the current Intervention Plan, develop a new Intervention Plan or refer the student for a §504 evaluation. |
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Reevaluation. Reevaluation consists of a review of the previous §504 evaluation data pertaining to the diagnoses of the impairment. Every three years (or sooner if necessary) a §504 reevaluation shall be conducted. The reevaluation shall be completed prior to, or during the month of the previous evaluation (or reevaluation) was conducted. The Reevaluation Summary Report will be completed at a §504 Committee meeting. The §504 committee will determine what, if any, additional evaluation information is needed, as well as whether the student will continue to be identified as §504. If additional evaluation information has been requested by the §504 Committee, the §504 Campus Coordinator will provide the parent with the Notice of Reevaluation, Consent for §504 Evaluation, and Parent Rights under §504. Another §504 meeting will be conducted to review the new, requested evaluation information and determine whether the student continues to be eligible for §504 and accommodations. If parents are not present or do not respond to the §504 meeting notice, the meeting shall proceed without them. If the parents are not present, the §504 Campus Coordinator will provide the parent with Notice of §504 Identification and Placement, copy of the Meeting Summary Form and Individual Accommodation Plan after the meeting. |
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Discipline. A student with a disability under §504 shall not be removed from the current §504 placement for more than ten consecutive school days in a school year or a total of ten school days because of a series of removals that constitute a pattern without first conducting a §504 Manifestation Determination meeting. Parents shall be given notice of this meeting and parents are invited to attend. If parents are not present or do not respond to the §504 meeting notice, the meeting shall proceed without them. The §504 committee must have available to it evaluation data that is recent enough to afford an understanding of the student’s current behavior. Relevant educational data shall be reviewed at this meeting. The Manifestation Determination form shall be completed at this meeting.
If the behavior is considered to be a manifestation of the student’s disability, the school may not discontinue educational services to the student. The §504 Committee will need to reevaluate the student’s current placement to determine if this placement is appropriate or needs to be changed. To be a manifestation, conduct cannot have attenuated association, such as low self esteem, to the student’s disability.
If the behavior is not considered to be a manifestation of the student’s disability, then relevant disciplinary procedures applicable to children without disabilities may be applied to the student in the same manner and for the same duration as for children without disabilities. The school may cease educational services during periods of disciplinary exclusion from school that exceed ten school days if nondisabled students in similar circumstances do not continue to receive educational services.
A student identified as §504 who is currently engaging in the illegal use of drugs or in the use of alcohol may be removed from his educational placement for a drug or alcohol offense to the same extent that such disciplinary action is taken against nondisabled students. Further, no §504 Committee meeting (Manifestation Determination) is required prior to removal and no §504 due process hearing is available. |
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