Table of Contents
Preface
I.Students with Disabilities
II.Gifted and Talented Students
III.Definition of Terms
IV.Appendix A
V.Appendix B
PREFACE

The State of Delaware through the Department of Education (DOE) formerly DPI, and local education Agencies is committed to providing appropriate and nondiscriminatory education and employment opportunities to individuals with disabilities. Therefore, it is important for personnel in local school districts to have a working knowledge of the applicable federal and state laws. At the federal level, the Individuals with Disabilities Education Act (IDEA - 20 USC 1400 et seq.), Section 504 of the Rehabilitation Act of 1973 (Section 504 - 29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (ADA - 42 USC 12134) establish the parameters of protections for persons with disabilities. Title 14 of the Delaware Code, Chapter 31 and the Administrative Manual for Special Education Services (AMSES) detail state level rights and privileges for persons with disabilities. Together with their implementing regulations (IDEA Regulations - 34 CFR Part 300; Section 504 Regulations - 34 C.F.R. Part 104; ADA Regulations - 28 CFR Part 35), the aforementioned laws create the framework for DPI and local education Agencies regarding the delivery of non-discriminatory education and related services to students with disabilities as well as the employment of individuals with disabilities.

The Individuals with Disabilities Education Act with its implementing regulations is a federal entitlement statute which mandates policies and procedures with respect to the identification, evaluation, and educational placement of students with disabilities. The Americans with Disabilities Act and Section 504 (both with implementing regulations) are federal laws that prohibit discrimination against persons with disabilities in programs and services. In the public school setting, these laws require that persons with disabilities be given the opportunities and supports to learn, play, and work with their non-disabled peers.

Title 14 of the Delaware Code, Chapter 31 along with the AMPEC mirror the protections of the federal statues and create State specific rights and protections for persons with disabilities. It also Addresses the administration and delivery of programs for identified students with disabilities in the state of Delaware.

In the interest of appropriate service delivery, local administrators and teachers must understand the differences in these laws, when each is applicable, and how they affect local district responsibility to students and employees with disabilities. For instance, the eligibility criteria of Section 504 and the Americans with Disabilities Act, is much broader than the Individuals with Disabilities Education Act's categorical definitions. A student may qualify for Section 504 protections and not be eligible for special services under the Individuals with Disabilities Education Act. Therefore, school personnel should consider both the Individuals with Disabilities Education Act and Section 504 when determining whether a student is disabled and in need of special services. The Americans with Disabilities Act reinforces the non-discrimination requirements of Section 504 and expands protections to public entities and services. Generally, if a school district is in compliance with Section 504 they will also be in compliance under the Americans with Disabilities Act.

Regarding education and related services, there are three major differences between the Individual with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act.

The Individuals with Disabilities Education Act is a law that provides for special education. To qualify under the law, students must have one of the disabilities defined in the federal law and that disability must significantly impact on the student's learning. Section 504 and the Americans with Disabilities Act are civil rights legislation designed to protect persons with disabilities from discrimination. The eligibility definitions in these laws are much broader and non-categorical. In combination, the prohibitions against discrimination in Section 504 and the ADA apply to programs or activities that receive federal funds and provide public services (Title II of the Americans with Disabilities Act). Therefore, there is application to the delivery of education and related services by local school districts as programs that receive federal funds and as programs that provide pubic services.

The Individuals with Disabilities Education Act is a funding statute that provides federal money to support special education programs and related services for eligible students. Neither Section 504 nor the Americans with Disabilities Act has a funding component. Therefore, costs related to the provision of services under Section 504 (i.e., assistive technology, transportation costs, etc.) must be paid out of a local district's general education fund. For the most part, IDEA, Part B money cannot be used to pay for services for students who are eligible only under Section 504.

Under the Individuals with Disabilities Education Act, the State is held as the ultimately responsible Agent. Under Section 504 and the Americans with Disabilities Act, primary responsibility is at the program or service delivery level. That means that local school districts are primarily responsible for the appropriate implementation of Section 504 and the Americans with Disabilities Act. The Office of Civil Rights is the enforcement Agency and Delaware complaints are handled through the regional office in Philadelphia.

Section 504 was passed in 1973 along with the rest of the Rehabilitation Act. It is by no means a new law. However, with the passAge of the Americans with Disabilities Act in 1990, there has been renewed interest in its application. The primary purpose of this manual is to provide needed information regarding Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and related issues. This document is intended to be a technical resource and reference on the content of Section 504 and the ADA. Throughout the manual, suggestions on drafting procedures based on what has worked other places are included to assist local school districts in complying with the requirements of these pieces of federal legislation. It is not the intention of this manual to promote any one of the many best practices designed to Address the needs or disabilities mentioned throughout the text of this document. In meeting the requirements of Section 504 and the ADA, local districts are encourAged to adopt practices and strategies that meet the needs of their unique population.

Throughout the rest of this document, the following acronyms will replace the full names of the federal laws:

Individuals with Disabilities Education Act - IDEA

Section 504 of the Rehabilitation Act of 1973 - Section 504

Americans with Disabilities Act - ADA

SUMMARY

Section 504 of the Rehabilitation Act of 1973 was enacted to eliminate discrimination on the basis of disabilities* in any program or activity receiving federal financial assistance. The implementing regulations for Section 504 can be found at 34 CFR Part 104.

The regulations specifically prohibit a recipient† from:

Denying a qualified individual with disabilities the opportunity to participate in or benefit from any aid, benefit, or service;

Affording a qualified individual with disabilities an opportunity to participate in or benefit from any aid, benefit, or service that is not equal to that afforded others;

Providing a qualified individual with disabilities with an aid, benefit, or service that is not as effective as that provided to others;

Providing different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;

Aiding or perpetuating discrimination against a qualified individual with disabilities by providing significant assistance to an Agency, organization, or person that discriminates on the basis of disabilities in providing any aid, benefit, or service to beneficiaries of the recipient's program;

Denying a qualified individual with disabilities the opportunity to participate as a member of planning or advisory boards; or

Otherwise limiting a qualified individual with disabilities in the enjoyment of any right, privilege, advantAge, or opportunity enjoyed by others receiving an aid, benefit, or service.

Although the word "handicap" is used in the 504 regulations, the authors of this manual have elected to use "individuals with disabilities" since that is the current terminology.

Recipient in this instance refers to the state of Delaware, DPI or local school districts.

In understanding Section 504, it is important to remember some key definitions.

An individual with disabilities is one who: [Sec. 104.3 (j) (1)]

1. has a physical or mental impairment which substantially limits one or more major life activities;
2. had a record of such an impairment; or
3. is regarded as having such an impairment.

A physical or mental impairment is: [Sec. 104.3 (j) (2) (i)]

1. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or
2. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major life activities are: [Sec. 104.3 (j) (2) (ii)]
functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Has a record of such an impairment means: [Sec. 104.3 (j) (2) (iii)]
a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Is regarded as having an impairment means: [Sec. 104.3 (j) (2) (iv)]

1. has a physical or mental impairment that does not substantially limit major life activities but that is treated by a recipient as constituting such a limitation;
2. has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
3. has none of the impairments defined above but is treated by a recipient as having such an impairment.

Qualified individuals with disabilities means: [Sec. 104.3 (k)]

1. with respect to students, is (a) of an Age during which individuals without disabilities are provided such services; (b) of an Age during which it is mandatory under state law to provide such services to individuals with disabilities; or (c) to whom a state is required to provide a free, appropriate public education under IDEA.

2. with respect to employment, is one who, with reasonable accommodation, can perform the essential functions of the job in question.

For any student who is an individual with disabilities as defined above, a public school district must provide a free, appropriate public education. For any employee of a public school district that is an individual with disabilities as defined above, a public school district must make reasonable accommodations to the known physical or mental limitations of the employee.

The focus of this resource document will be local district implementation of Section 504 and the ADA. Throughout the text, appropriate citations will be made to the implementing regulations for both statutes. When necessary, reference will also be made to the Delaware Administrative Manual: Programs for Exceptional Children (AMPEC). Failure by local districts to meet the procedural or substantive requirements of federal and/or state statutes and regulations could result in sanctions such as the local school district being made a party in an administrative hearing, an on-site OCR investigation and even, the most severe sanction, the loss of federal funding for educational programs and services to students with disabilities.

STUDENT RELATED ISSUES - SECTION SUMMARY

The following section includes overviews of student related issues involving Section 504 and the ADA. Issues and requirements in this section are subcategorized under the following subheadings:

Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD)

Contagious Diseases

Discipline

Drug and Alcohol Issues

Nonacademic Service

STUDENT RELATED ISSUES

ATTENTION DEFICIT DISORDER (ADD) AND ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)

ADD/ADHD is a disabling condition which can result in significant learning problems for children. ADD/ADHD is not a separate category under IDEA, but students diagnosed as ADD/ADHD may qualify for special education and related services pursuant to IDEA if they are determined to be eligible for services under other categories such as "specific learning disability." For example, if the ADD/ADHD is determined to be a chronic, acute health impairment which adversely affects educational performance, the student may be eligible to receive special education and related services as a student with an "other health impairment." Similarly, the student who is determined to have ADD/ADHD may exhibit learning problems or emotional conditions which would make them eligible under AMPEC for services under the categories of "learning disability" or "serious emotional disturbance."

If a student is determined to be ineligible for special education services pursuant to

IDEA or AMPEC, the student may still be eligible for services under Section 504. Since a disabled person is defined differently in Section 504, as a person who has a physical or mental impairment which substantially limits a major life activity, the student with ADD/ADHD, although not eligible under an IDEA or AMPEC category, may be eligible for adaptations to the general education environment in order to benefit from the education provided in the classroom. Section 504 special education or related services would not necessarily be the same services which are provided under IDEA.

Other disabling conditions may affect a student's attention or manifest with symptoms similar to those seen in students with ADD, such as dyslexia, bi-polar depression and mood disorders as clinically defined by DSM IV. In order to avoid inappropriate placements and consistent with the requirements for evaluation procedures at 34 C.F.R. Section 104.35, (b), local Agency evaluation and placement guidelines should include procedures to ensure that trained personnel and appropriate evaluation instruments are used in the assessment and placement process.

For additional information and clarification concerning students with ADD, refer to the joint memorandum of the Office of Special Education and Rehabilitative Services, Office of Civil Rights, and Office of Elementary and Secondary Education of the United States Department of Education, dated September 16, 1991, entitled "Clarification of Policy to Address the Needs of Children with Attention Deficit Disorders within General and/or Special Education."

CONTAGIOUS DISEASES

By Memorandum dated April 5, 1990, William L. Smith, Acting Assistant Secretary for Civil Rights, Addressed the manner in which elementary and secondary students with Acquired Immune Deficiency Syndrome (AIDS) should be treated under Section 504 (The "AIDS Memo"). The AIDS memo provides that elementary and secondary school children are qualified persons with disabilities for services pursuant to Section 504 when the student is:

(i) of an Age during which non disabled persons are provided such services;
(ii) of any Age during which it is mandatory under state law to provide such services to persons with disabilities; or
(iii) to whom a state is required to provide a free, appropriate public education under Section 612 of the Education of the Handicapped Act.

34 C.F. R. Section 104.3(k)(2)

Mandates for least restrictive environment would require that the student be placed in the general education classroom unless the student could not be educated there even with the use of supplementary aids and services. However, if the student presents a risk of contagion due to the disease (for example, open lesions unable to be covered, or other contagious infection), a court could weigh the public interest in protecting other individuals against the student's right to be educated in the school rather than in a separate area, such as the student's home.

The AIDS Memo gives us some guidance in balancing the protections provided by statute for disabled students with contagious diseases and their non disabled peers. In almost all instances, courts have found no significant risk of transmission of AIDS in the classroom setting. While students with AIDS are "regarded as disabled" within the meaning of Section 504, students with other contagious diseases will need to meet the test of having a disability which limits a major life activity.

Unless the student presents a realistic risk of contagion to other students, the student will be placed in the general education classroom with needed adaptations. In the case where homebound instruction is required, LEAs or other public Agencies providing educational services should review their attendance policies to be sure that a Section 504 health impaired student is not being unlawfully excluded from services.

DISCIPLINE

Neither the general issue of discipline nor discipline in the form of suspension and expulsion is directly Addressed by Section 504, the ADA, or the implementing regulations.

However, several memoranda from the Office of Civil Rights (OCR) Address these issues and provide important guidance. The first memo is entitled "Long-term Suspension or Expulsion of Handicapped Students" and was issued on October 28, 1988. The second memo entitled "Suspension of Handicapped Students - Deciding Whether Misbehavior Is Caused By a Child's Handicapping Condition," November 13, 1989, provides supplemental guidance on the issues of suspension and expulsion.

Section 504 at 34 CRF Sec. 104.35 (a) requires that a student with a disability be evaluated before a significant change is made to his or her placement. Local education Agencies should use "normal reasonable procedures, short of a change in placement" for students who pose a threat of danger to themselves or others (October, 1988). In summary, OCR states the following policy:

1. Expulsion whether permanently or for an indefinite period or a suspension for more than 10 consecutive school days is considered to be a "significant change in placement" under Reg. 104.35 (a).

2. Reg. 104.35 (a) or a "significant change in placement" would apply to a pattern of exclusions created by a series of suspensions that are each for periods of 10 days or fewer. A series of short suspensions (i.e., nine days + eight days + eight days + nine days) may not be used to avoid the Supreme Court's prohibition against suspensions of 10 days or longer for students with disabilities created in Honig v. Doe, 108 S. Ct. 592 (1988).

"The length of suspension, the proximity of the suspensions to one another, and the total amount of time the child is excluded from school" are among the factors that should be considered on a case-by-case basis in determining whether a series of exclusions has resulted in a "significant change in placement."

3. A [local education Agency] must first conduct a reevaluation of the student before implementing an exclusion that amounts to a "significant change in placement."

4. It is advisable once a student approaches an aggregate of ten suspension days, to reconvene the conference committee. As a first step, the [local education Agency] must determine, "using appropriate evaluation procedures," whether there is a causal relationship between the student's behavior and the student's disability. A �504 student may not be suspended for more than 10 days unless a knowledgeable group of persons has determined that the misconduct is not a manifestation of the student's disability. It is advisable that if the placement data (evaluations) are six months or older, a re-evaluation is a reasonable course of action.

5. If it is determined that the misconduct is a result of the student's disability, the reevaluation must continue and the evaluation team must determine the appropriateness of the student's current placement.

6. If it is determined that the misconduct is not the result of the student's disability, the student may be excluded from school the same as his or her non disabled peers. All educational services may be discontinued.

NOTE: The issue of "relatedness" referenced in #4, 5, and 6 is not an easy one. Regardless of the decision by the local team, a summary of the team decision should be kept for future reference and include: careful documentation of all information and data considered, a chronology of followed procedures and notices, the team's decision on the issue of whether the misconduct was a manifestation of the student's disability.

7. When the placement of a student with a disability is changed for disciplinary reasons, the student and the parent(s) or guardian are entitled to the procedural protections of Reg. 104.36 which include notice, the opportunity to examine the student's records, an impartial hearing, and a review procedure.

OCR's "Response to Veir" (December 1, 1993) Addresses the issue of discipline as applied to related to services. If transportation is a related service, the same limitations apply as are applicable to suspensions and expulsions from school. A local education Agency may change the mode of transportation if a student is endangering himself or others. The local education Agency may not revoke the services altogether for more than 10 consecutive or, in some cases, cumulative days.

Section I of the AMPEC specifically Addresses Student ManAgement and Discipline. The AMPEC requirements are a combination of the requirements set out under �504 and the IDEA. Therefore, some sections may appear to go beyond or be inconsistent with the requirements listed in this section. For example, OSEP policy requires a continuation of appropriate services when a student is expelled. Consistent with this policy, AMPEC requires a continuation of FAPE for students with disabilities who are expelled following a determination "that the student's behavior is not the result of his or her disability and/or inappropriate placement." OCR does not require a continuation of educational services if a student is expelled for misconduct that is not the result of his disability or inappropriate placement. References to the IEP contained in the AMPEC procedures do not apply to students receiving services under �504. Documentation of a student's �504 services should be contained in an "accommodations plan" or similar document. Local education Agencies may chose to follow the procedures described in AMPEC and adapt them for applicability to students eligible for services under � 504 only.

If students who are eligible for Section 504 protections solely by virtue of being alcoholics or drug addicts break school rules as to the use and possession of drugs and alcohol, local Agencies are not required to follow the disciplinary procedures outlined in this section. However, if students who are addicted to alcohol or drugs also have some other disability, the procedures in this section would apply without exception.

Appendix A, paragraph 4 to the Section 504 regulation states:

Neither such rules nor their application to drug addicts or alcoholics is prohibited by this regulation, provided that the rules are enforced evenly with respect to all students.

Additionally, the ADA amended �504 as it applies to students with disabilities who are currently using illegal drugs. If local education Agencies find that a student with a disability is currently using drugs, the student may be disciplined to the same extent as nondisabled students for the use or possession of illegal drugs or alcohol. Disciplinary procedures for students addicted to drugs or alcohol are also covered in the Drug and Alcohol Issues subsection of this manual.

It is important for local education Agencies to remember that a student with a disability who no longer requires services is still entitled to protections under Section 504, including limitations on discipline.

DRUG AND ALCOHOL ISSUES

The Americans with Disabilities Act of 1990 amended Section 504 to provide that the definition of individuals with disabilities does not include an individual who is currently engaging in the illegal use of drugs. However, the definition of an individual with a disability does not exclude an individual who has completed a drug rehabilitation program or is no longer engaging in the illegal use of drugs. A memorandum written by Richard D. Komer, Deputy Assistant Secretary for Policy, U.S. Department of Education, dated January 28, 1991 (the "Memorandum"), states that local educational Agencies are free to discipline persons who are engaging in the illegal use of drugs or alcohol who are disabled by conditions other than drug addiction or alcoholism. Such persons may be disciplined for possession of illegal drugs or alcohol without providing the evaluation required by current regulations and without providing due process procedures described in the Section 504 regulations. However, it should be noted that Section 504 regulations do not contain any direct reference to the school's right to enforce disciplinary rules in regard to current drug or alcohol users, other than commentary found in Appendix A, at p. 387, which states:

... of great concern to many who commented was the question of what effect the inclusion of drug addicts and alcoholics as handicapped persons would have on school disciplinary rules prohibiting the use of possession of drugs or alcohol by students. Neither such rules nor their application to drug addicts or alcoholics is prohibited by this regulation, provided that the rules are enforced evenly with respect to all students. 34 C.F.R., Part 104, Appendix A, p. 387.

It should also be remembered that possession of illegal drugs or alcohol alone, without the use of the drugs or alcohol, would not remove Section 504 procedural safeguards.

As a further reminder, local districts should be aware that students who are eligible for special education and related services pursuant to the IDEA have additional protections, including due process procedures, which must be followed even though the student may be a user of drugs or alcohol.

NONACADEMIC ISSUES

In addition to the requirement to provide a free, appropriate public education to individuals with disabilities, Section 504 requires public school Agencies to ensure certain nonacademic services such as:

1. General nonacademic and extracurricular activities

Local school districts shall provide nonacademic and extracurricular activities in ways that afford students with disabilities an equal opportunity for participation. Reg. 104.37 (a) (1)

2. Employment assistance

Assistance to gain employment within the local district and outside employment must be available equally to students with a disability and non-disabled students.

Reg. 104.37 (a) (2)

3. Counseling Services

Students with a disability cannot be counseled toward less restrictive career choices than non-disabled students with similar interests and abilities.

Reg. 104.37 (b)

4. Physical education and athletics

Local districts shall provide students with disabilities an equal opportunity to participate in intramural athletics and interscholastic activities.

Reg. 104.37 (c) (1)

Physical education classes may be separate and different if students with disabilities are given the opportunity to compete for teams or to participate in courses that are not separate or different.

Reg. 104.37 (c) (2)

STAFF RELATED ISSUES - SECTION SUMMARY

The next section reviews the applicability of Section 504 and the ADA to staff related issues in local districts.

Section 504 and Title II of the ADA also impact school districts' employment practices. The regulations prohibit discrimination against qualified persons with disabilities in employment and require employers (local school districts) to take positive steps to employ and advance in employment qualified individuals with disabilities. Title I of the ADA is specific to employment. Public entities with 50 or more employees ( 25 or more employees as of July 26, 1994) are subject to Title I of the ADA. For all public entities subject to Title I of the ADA, Title II adopts Title I.

Generally, an employer may not use any employment test or other selection criteria that screen out persons with disabilities unless the test or criteria are job-related and other alternative job-related tests that do not screen out disabled persons are not available.

An employer may not make any pre-employment inquiry as to a disability an applicant may have. The employer may, however, inquire as to an applicant's ability to perform the essential functions of a job.

Generally, an employer may not conduct a pre-employment medical examination. However, an offer of employment may be conditioned upon the results of a medical examination if all other entering employees are subjected to a medical examination regardless of any disability.

The Section 504 definition of an individual with disabilities was amended as to employment to exclude an individual whose currently contagious disease or infection would constitute a direct threat to the health or safety of other individuals, or by reason of the currently contagious disease or infection is unable to perform the duties of the job.

For employees with disabilities, an employer must make reasonable accommodations to the known physical or mental limitations unless the employer can demonstrate that the accommodation would impose an undue hardship or create a direct threat of harm on the operation of its programs. With the accommodation, employees still have to be able to perform essential functions of the job. Examples of some reasonable accommodations are making facilities readily accessible, job restructuring, including providing part-time or modified work schedules, acquiring or modifying equipment or devices, and providing readers or interpreters.

In determining whether an accommodation would impose an undue hardship on the employer's programs, some factors that can be considered include the overall size of the employer's programs with respect to the number of employees, number and type of facilities, and size of budget; the type of programs, including the composition and structure of the employer's workforce; and the nature and cost of the accommodation needed.

BUILDING OR PROGRAM RELATED ISSUES - SECTION SUMMARY

Local district obligations to ensure program accessibility and compliance with Section 504 and the ADA are summarized as building or program related issues.

Section 504 and Title II of the ADA require that a "program or activity, when viewed in its entirety, is readily accessible to handicapped persons." The requirement allows school districts to achieve accessibility through a number of methods, including alteration of facilities, but does not require structural changes in existing facilities if accessibility can be achieved through less drastic methods. However, school districts are expected to provide services in "the most integrated setting appropriate."

In order to make programs fully accessible under Section 504, it is not necessary for a school district to make all older buildings, i.e., all those built prior to 1977, fully accessible. However, the district is required to ensure that services provided in an inaccessible building are also available to disabled persons at an accessible site in a setting that is also used by non-disabled persons. In smaller school districts with a single elementary or secondary building, it would be necessary to make that building fully accessible.

The accessibility requirement applies not only to students but to employees, parents, and patrons, who have a right to access certain school services. For example, a school district may need to communicate with a parent who has a significant hearing loss through a telecommunication device for the deaf (TDD), which can be done with the cooperation of the local telephone service. Similarly, programs such as school plays, choral recitals, Christmas programs, and the like may need to be held at the accessible facility so that parents and patrons with disabilities may have access to the function.

Checklist

The following is a checklist for the purpose of judging compliance with Section 504. Please note that, because the Americans with Disabilities Act contains requirements similar to, but more explicit than the requirements of Section 504, some of the items on the checklist will be drawn directly from the ADA regulations.

The school district has appointed a Section 504 coordinator.

The school district has on file a self-evaluation and transition plan which was filed with the Office of Civil Rights. This plan includes information concerning inaccessible facilities and the steps which the school Agency would take in order to make all programs accessible to individuals with disabilities. It also includes an evaluation of school Agency policies and procedures and plans to bring them into compliance with the requirements of Section 504.

The school district is currently in compliance with its Section 504 self-evaluation and transition plan.

If the self-evaluation and transition plan under Section 504 are not available or if full compliance with these documents has not been achieved, the school Agency is in the process of completing a self-evaluation and transition plan as required under the ADA.

All aspects of elementary and secondary programming, including extra-curriculars, field trips, athletics, etc., are accessible to students with disabilities.

Each service, program, or activity conducted by the school district, when viewed in its entirety, is readily accessible and usable by individuals with disabilities.

The school district maintains in good operating condition those features of each program which make the program accessible to individuals with disabilities. The school district has access to a TDD for the benefit of individuals with speech or hearing disabilities.

School district facilities or portions of such facilities which are not readily accessible to persons with disabilities have appropriate signAge directing individuals to facilities which are accessible. School board meetings or other public meetings conducted by the school district are held in facilities that are readily accessible to individuals with disabilities, including when necessary the provision of a sign languAge interpreter.

For a complete checklist of Section 504 and ADA requirements see Appendix 2-I.

DISTRICT-WIDE ADMINISTRATIVE/PROCEDURAL REQUIREMENTS - SECTION SUMMARY

Local school Agencies have certain administrative/procedural requirements related to the implementation of Section 504. The following section summarizes required procedures and includes recommendations to ensure consistency with current policies that may be in place under the IDEA and AMPEC.

The Office for Civil Rights (OCR), in an effort to provide technical assistance, has suggested that procedures for Section 504 parallel those under IDEA. Local school districts may choose this route, but are not required to do so. Each school district has the responsibility of interpreting, implementing, and documenting procedures to maintain compliance with the federal mandate.

The following details a fair compromise between the generally stated requirements of the Section 504 regulations and those mandated in the IDEA. The �504 requirements appear in bold, and additional recommendations appear in italics type.

Requirement 1: Reg. 104.7 (a) Designation of Responsible Employee.

This person is responsible for coordinating district efforts to comply with Section 504. This person would be responsible for compliance as it applies to students, parents, employees, and applicants. General responsibilities are detailed in Appendix 1-A.

Recommendation:

In addition to an Agency-wide Section 504 coordinator, every school building should have a Section 504 Compliance Officer. The compliance officer monitors building level compliance with �504 and facilitates resolution of grievances involving students, parents and employees. The principal, as opposed to a teacher, should serve in this capacity because of possible conflicts with determining and monitoring reasonable accommodations for other employees with disabilities.

Requirement 2: Reg. 104.7 (b) Adopt Grievance Procedures.

Local districts are required to have a grievance procedure in which to resolve employee's Section 504 complaints. This procedure may also be used by parents and students to resolve Section 504 education related issues.

The grievance procedure must include appropriate due process standards and provide for the prompt and equitable resolution of complaints.

Recommendation:

It is within the discretion of the local district whether to Address Section 504 issues in their IDEA due process procedures (which have already been determined to meet the requirements of Section 504) or to establish a separate Section 504 grievance procedure. The ADA also requires a procedure of this type.

Because Delaware has a single tier, State level IDEA due process system, districts do not have the option of using this system to resolve 504 grievances. Therefore local districts will have to adopt their own grievance procedures. See Appendix 1-B for sample grievance procedures.

Requirement 3: Reg. 104.5 (a) Develop and Implement a Section 504 Compliance Plan. (Refer to Appendix 1-C.)

Recommendation:

The plan should be approved by the school board and made available to the public.

Requirement 4: Reg. 104.8 (a) Notify the Public.

The school district must notify the public of the district's:

a. intent not to discriminate on the basis of a physical or mental disability;
b. commitment to provide equal access to educational activities, programs, and employment;
c. responsibilities under Section 504; and\
d. Section 504 coordinator's name, office Address and telephone number.

Recommendation:

This notification should be made at least annually and it should be in written form. One such notification is public acknowledgment of the compliance plan at a school board meeting. Notice may also be posted and be inserted at the beginning of the school year in mailings to the public (i.e., newsletters and student/parent handbooks). The policy statement should be added to employment applications and other publicly circulated materials. See Appendices 1-D and 1-E.

Requirement 5:

Reg. 104.36 Establish and Implement Procedural Safeguards With Respect to Identification, Evaluation or Placement of Individuals Needing Special Instruction or Believed to Need Special Instruction or Related Services.

Recommendation:

The procedural safeguards should include notice, an opportunity for parents or guardians to review relevant records, right to an impartial hearing, and a review procedure. The Section 504 regulation does not contain specific timelines; Compliance with the procedural safeguards section of the IDEA is one means of meeting this requirement. See next section for more detail on the procedural safeguards requirement.

IDENTIFICATION, EVALUATION AND PLACEMENT - SECTION SUMMARY

The following section details the requirements of Section 504 for identification, evaluation and placement of eligible students. Procedural safeguards are also reviewed in this section. The order of the content closely parallels local district procedures adopted for compliance with the IDEA and AMPEC. The guidelines contained in Section 504 are much broader than those contained in the IDEA. Because Section 504 provides little in the form of details for compliance, districts have some latitude in creating procedures that both comply with Section 504 and are consistent with other local policies and procedures.

IDENTIFICATION, EVALUATION AND PLACEMENT

INTRODUCTION

The procedures and suggestions for documentation listed below are a functional approach to appropriately meeting the needs of students eligible for services under Section 504. This documentation may serve to protect the school district in its efforts to assist students who fall within the Section 504 regulations. In this section the Section 504 requirements (the exact wording or para-phrased summaries) appear in bold, and additional recommendations appear in italics type.

Requirement A: Reg. 104.32 LOCATION AND NOTIFICATION

There is a general requirement that all possible 504 eligible students be located and identified.

Recommendation:

The existing Child Find system in Delaware meets the above requirement for location and notification of qualified persons with disabilities. (AMPEC Section I (B)(1).

Requirement B: Reg. 104.35 (a) PREPLACEMENT EVALUATION

1. Local school districts shall conduct an evaluation of any person who, because of a disability, needs or is believed to need special education or related services before taking any action with respect to the initial placement.

Recommendation:

A referral for possible 504 eligibility must be initiated (by a parent or professional of the school district) when because of a disability a student needs or there is reason to believe a student needs special education or related services. Pertinent information relative to the referral should be documented. See Appendix 1-F.

Section 504 referrals should be accompanied by documentation of attempts to remediate difficulties (general education intervention) for students experiencing educational problems.

The following instances may result in the initiation of evaluations for Section 504 eligibility.

(1) hospitalization;
(2) supported instruction (homebound); or
(3) a parent/guardian requests evaluation. (The school district has the right to refuse to evaluate, but must provide the parent/guardian with the right to an impartial hearing to challenge the refusal.)

Each school must have in place a process to ensure that students reentering school after having been temporarily placed in an alternative treatment setting (i.e., medical facility, educational/rehabilitation center, etc.) should have a referral initiated by parents, the child's teacher(s), guidance counselor or other school official. It is very important that the school knows that the student was out of school and placed in another setting, and that the student has returned and may require some accommodations in the current educational placement.

(4) school concerns that do not appear to need the attention of special education, but may result in identifying the child as one with disabilities. School districts may wish to initiate/document a referral for students currently receiving reasonable modifications, but who have not been afforded their rights and options and have not been determined eligible for Section 504 protection.

(5) parental concerns (same as above). School officials should not discount what parent(s) or guardians are saying when they try to communicate that "things just aren't right" with a particular child. It should be noted that since 504 encompasses a myriad of conditions (many of which are medically related) it would be wise to document concerns received.

There is a great deal being published and circulated about attention deficit disorder/attention deficit hyperactivity disorder (ADD/ADHD) and many parents seem to feel their child fits characteristics listed. School officials should document parental concerns as a referral and begin the evaluation process. Not all children who have ADD/ADHD are eligible for services under Section 504. The child's ability to learn or behave in an appropriate manner, for example, must be "substantially limited." It is strongly suggested that all students diagnosed or suspected of having ADD/ADHD be evaluated.

Additionally, physical or mental conditions which are believed to substantially impair a major life activity that come to the attention of the school should be treated as a referral. Some examples of this may be: diabetes, hypoglycemia, school phobia syndrome, severe allergies, leukemia, cancer, heart disorders, and the need for special medical procedures such as catheterization, injection of insulin, or administration of medications. These conditions may require special attention on the part of the school district (i.e., a shortened school day, homebound instruction, or exemption from the school's attendance requirements). The school district is advised to gain closure to the concerns in some form, whether it be to recommend and administer an evaluation, seek the input from the teacher and/or doctor, provide general education accommodations, conduct a conference to determine eligibility, or establish timelines for follow-up.

The Section 504 referral form, along with pre-referral documentation, should be completed and forwarded to the building compliance officer (i.e., the principal or designee) for action.

Private schools, though not covered under Section 504 (providing they do not receive federal funding), are encourAged to notify the student's neighborhood school principal of concerns. The Section 504 referral form should be completed and forwarded to the public school district along with documentation of all general education intervention, including copies of the student's performance.

2. Once a referral for possible 504 eligibility has been initiated, it is recommended that the compliance officer do the following:

a. discuss the referral with the general education teacher(s).
b. notify the parent(s) in writing of the referral and the timelines to be followed and schedule a time to meet. See Appendix 1-G.

Recommendation:

Once a referral is initiated, the school district should follow the timelines established under the IDEA through the Administrative Manual: Programs for Exceptional Children (AMPEC). If the school district does not follow these timelines, the school district must still act upon a referral within a "reasonable time." The courts tend to be rather conservative in this regard.

Requirement C: Reg. 104.36 PROCEDURAL SAFEGUARDS

A recipient that operates a public elementary or secondary education program shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunities for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of Section 1415 of the IDEA is one means of meeting this requirement.

Recommendation: (In order to insure compliance, the following recommendations are based on IDEA procedures and AMPEC.)

1. The parent/guardian will be contacted (in verbal and written form) to attend a meeting with the building principal to discuss the 504 referral.

While the parent/guardian must be notified, there is no requirement that the notice be in writing. However, it is highly recommended that this notification be presented in written form. Every attempt to contact the parent/guardian for purposes of attending this meeting should be documented and attached to the referral form. Anecdotal notes are sufficient.

2. At the meeting involving parents and local Agency personnel, the reason for the referral will be explained. A determination of the need for an educational evaluation will be made at this meeting.

3. Written permission to evaluate the child and written permission to collect other types of relevant information will be sought (if appropriate).

It is not required by law that the school district gain written permission for evaluation, but it is a good practice to follow and highly recommended. Consent to release medical information from the student's physician or from any other source must be obtained. See Appendix 1-H or 1-I for sample forms.

4. All decisions at the meeting regarding evaluation and potential eligibility should be documented.

5. The next meeting involving parents and school Agency personnel will be held after evaluation procedures have been completed to consider the results of the evaluation data. For a sample 504 Notice of Conference Form see Appendix 1-J.

6. A knowledgeable person should verbally explain and offer a written copy of the Notice of Parent/Student Rights in Identification, Evaluation, and Placement of Individuals with Disabilities to the parents. See Appendix 1-K.

The copy of the Notice of Parent/Student Rights goes beyond what is required by the regulations. It parallels the requirements of IDEA.

7. All decisions at the meeting including eligibility should be documented.

Requirement D: Reg. 104.35 (b) (1) (2) (3) EVALUATION PROCEDURES

A local school district shall establish �504 standards and procedures for evaluation and placement which ensure: Valid tests and other evaluation materials are used and administered by trained personnel.

Tests and other evaluation materials include those tailored to assess specific areas of educational need

Tests are selected and administered so as best to ensure that 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 skills.

Recommendation:

1. The compliance officer or his/her designee will coordinate the gathering of relevant information necessary to assist in the identification and/or justification of a possible 504 disability.

a. a letter requesting information should be sent with the release of information form to the other setting for students returning to school from a temporary placement. See Appendix 1-L.

A comprehensive educational evaluation may not be needed for all students, especially for medical issues. However, if either party questions academic achievement, then a full educational evaluation is required.

An evaluation is required in every instance where it is believed that a student may be an individual with disabilities under Section 504. A person with authority to commit the school district will meet with the parent/guardian and others, if necessary, to review the documents received and to carefully consider them. It is possible also that the school district may need to consider an "educational evaluation" to determine the possible need for education accommodations. Documentation of the school district's determination should be noted in the education records of the student.

b. medical information may be obtained from the physician:
See Appendix 1-M - Sample physician's letter on ADD/ADHD;
See Appendix 1-N - Physician's questionnaire for ADD/ADHD;
See Appendix 1-O - Sample physician's letter on medical concerns; and
See Appendix 1-P - Physician's questionnaire for medical concerns.

Whenever the school district requests diagnostic information, the school is responsible for payment. The school district is urged to exhaust all efforts locally prior to seeking an outside (independent) opinion. It is suggested that the school nurse be included in all medical concerns and that a multi-disciplinary team be utilized to assist in the determination of ADD/ADHD. The team should consist of a school or clinical psychologist, social worker, and teacher for the emotionally handicapped or learning disabled. If necessary, the school district may wish to identify and hire a physician. It is recommended that the school district define what is needed and agree upon a price for the evaluation. It is not necessary or mandated that the school district secure a doctor's opinion. Generally, it is felt that input is necessary because medication may be involved. The school district cannot require that a student be medicated. The school district may request that the parent/guardian charge the evaluation to his/her insurance as long as it will not increase the parent/guardian's premium.

c. information may be requested of the teaching staff and/or the parent/guardian. See Appendices 1-Q, 1-R, and 1-S.

Classroom teachers can provide formal or informal evaluation data. The least the school district would want is a statement of current performance with samples of the student's work.

d. the school psychologist may be contacted to assist with academic and/or psychometric data.

The requirements to determine 504 eligibility are not nearly as strict as those under the IDEA. It is important, however, that the school district do whatever possible to "justify" the label. Remember, the school district's recommendation can always be challenged by the parents.

e. the school nurse may be asked to provide input, especially in the area of medical concerns. The nurse can have a great deal of information in referrals when medication is monitored and/or administered.

Include the school nurse in all referrals relating to medical concerns.

f. related services staff (i.e., speech, occupational and/or physical therapists) may be called upon for input.

Speech therapy is special education but occupational and physical therapy can be provided through Section 504 whether or not a student is eligible for special education.

g. all relevant participants will be notified of the conference.

The Section 504 Notice of Conference will be completed. See Appendix 1-J.

h. all relevant data will be coordinated.

Requirement E: Reg. 104.35 (c) PLACEMENT PROCEDURES

In interpreting evaluation data and in making placement decisions, a local school district shall:

1. Draw upon information from a variety of sources
establish procedures to ensure that information obtained from all such sources is documented and carefully considered

2. ensure that the placement decision is made by a group of persons knowledgeable about the child, the evaluation data, and placement options

3. ensure that the placement decision is made in conformity with �104.34.

Recommendation:

1. Within a reasonable time (usually parallel the instructional days required for IDEA placements) of the initiation of the referral, the compliance officer will convene a Section 504 conference. The purpose of this conference is to:

a. discuss the information gathered and determine:

(1) if an educational evaluation is needed to determine the need for special accommodations;

(2) whether the student referred has a disability that makes him/her eligible for services under �504 (i.e., has a physical or mental impairment that substantially limits one or more major life activities); and

(3) appropriate placement.

Determination as to eligibility under IDEA and Section 504 may be made at the same meeting, but, if it is determined that the student is not eligible under IDEA, a separate determination should be made regarding Section 504. (A student who is disabled under IDEA will always meet the eligibility criteria under Section 504.)

b. develop and implement an accommodation plan (if disabled). See Appendix 1-T. Determine any reasonable accommodations that may be appropriate. See Appendix 1-U .

c. explain verbally and offer a written copy of the "Parent/Student Rights".

d. document the meeting on the Section 504 conference report form. See Appendix V.

It is important to document the proceedings of the meeting. Utilize the form to secure permission from the parents to implement the accommodation plan. Though it is not required, it is good practice and highly recommended. See Appendix 1-V.

2. The 504 Conference Committee should include the following individuals:

a. building principal (or designee);
b. general education teacher(s);
c. assessment team members (or representatives);
d. school nurse (medical issues);
e. parent/guardian;
f. child, if appropriate, or if the child is eighteen years of Age and not adjudicated incompetent;
g. other representatives having experience with, or information regarding the referred student; and
h. any other individual the parents may wish to bring to the conference.

Section 504 requires that the placement decision be made by a group of persons knowledgeable about the child, the meaning of the evaluation data, and the placement options. Two or more persons constitute a group. In some cases, a parent and a school representative is sufficient.

3. The Conference Chairperson has the following responsibilities:

a. gather information;
b. organize the presentation of the data;
c. coordinate the deliberation of Section 504 eligibility;

(1) does the student have a physical or mental impairment?
(2) does that impairment "substantially limit one or more major life activities?"
(3) does the team have the data to justify a label?
(4) is the student a qualified individual with disabilities within the meaning of Section 504?

This deliberation is a local decision. Insure, however, that all four points are considered.

d. determine needs and program services for the student;

Develop the Accommodation Plan. See Appendix 1-T. Although not required, it is recommended that the school district gain permission to proceed in writing. The school can still proceed without parent permission.

Reasonable accommodations may include, but not be limited to:

(1) adjusting testing procedures (i.e., reduce time test anxiety, eligibility for remediation/retention);
(2) individualize classroom assignments, homework;
(3) record lectures and student responses;
(4) utilize computer or other assistive technology;
(5) provide a buddy to take notes;
(6) provide an interpreter (for students or adults);
(7) modify materials, adjust the reading level;
(8) modify the organization of the student's day;
(9) facilitate or modify parent/student/teacher/staff communication;
(10) modify district policy or procedures (i.e., allow an increase in the number of unexcused absences for health reasons, adjust transportation or parking assignments, approve early dismissal).

The reasonable modifications will be individualized to meet the needs of the student.

e. document the meeting, the committee's recommendations, and the parent/guardian's wishes; and
f. fully explain the Parent/Student Rights.

Requirement F: Reg. 104.35 (d) RE-EVALUATION

Periodic Review

Section 504 requires the school Agency to establish procedures for a periodic re-evaluation of students who are receiving specialized services.

Recommendation:

Procedures consistent with the IDEA and the AMPEC that include conference procedures for the involvement of parents and school personnel are mentioned in this regulation as a means of meeting the re-evaluation requirement. The purpose of this conference is to review and revise, if necessary, the current general education class placement and accommodations plan.

While Section 504 does not require an annual review, an annual review may be conducted prior to the start of each school year for each student receiving services under Section 504. Document the annual review on the same Section 504 Conference Committee Report.

The placement may be reviewed, however, at any time prior to the annual review. Before a significant change of placement is initiated, a re-evaluation must be completed.

The Accommodations Plan will be modified and the Section 504 Conference Report documented and signed.

Re-Evaluation

Students receiving services through Section 504 should be re-evaluated periodically

Recommendation:

Section 504 requires that a school district have procedures for periodic re-evaluation of students who have been provided specialized education and related services. A re-evaluation procedure consistent with IDEA is one means of meeting this requirement.

It is not required that a re-evaluation take place on an annual basis or even every three years. What is required is that the student's needs be re-evaluated on a regular basis. The conference committee should make this determination as part of the Accommodation Plan.

Medical disorders, etc., may be re-evaluated at least annually (more, if necessary) as determined by a member of the assessment team and 504 Conference Committee.

All re-evaluations for 504 services will be discussed at the annual review unless a reconvening of the committee prior to the review is warranted. It should be documented that the parents were informed of the 504 Conference Report. Written permission will be gained on the Parent Notice and Permission for 504 Evaluation. See Appendix 1-I.

APPENDIX 1-A - SECTION 504 COORDINATOR

General Responsibilities

1. Work in partnership with the local Director of Special Education.
2. Develop a district-wide compliance plan.
3. Gain School Board approval of the compliance plan.
4. Disseminate the compliance plan in school system news-letters and to each school.
5. Develop, implement and disseminate a detailing of procedural safeguards.
6. Locate and appoint building-based compliance officers.
7. Develop, implement and disseminate commensurate Section 504 procedures.
8. Train compliance officers in Section 504 procedures.
9. Communicate district-wide procedures to staff and parents.
10. Continually seek new information relative to Section 504 compliance and up-date all data.
11. Appoint a local hearing officer.
12. Identify and locate a mediator, hearing and/or appeals officer for impartial hearings related to referral, evaluation or placement of individuals with disabilities.
13. Facilitate the training of building-based compliance officers as to applicant and employment issues related to Section 504 and the ADA.
14. Track the allocation of public resources related to Section 504 placement and/accommodations.
15. Serve as the district liaison with the Office of Civil Rights.

APPENDIX 1-B
SAMPLE GRIEVANCE PROCEDURE

Section 504 of the Rehabilitation Act of 1973

Any employee, parent/guardian of a student enrolled in the (local school district), or student eighteen years of Age or older may file a grievance if s/he believes there has been a violation of Section 504.

Any such grievance must be filed in writing within a reasonable period of time after the alleged violation occurred. The grievance must fully state the facts of the alleged violation and the remedy that is being sought.

STEP ONE:

The grievance shall be submitted to (the Section 504 Coordinator) or the (local school district), who shall investigate the circumstances of the alleged violation. (The Section 504 Coordinator) shall make a written report of his/her findings of fact and conclusions within ten (10) school days.

STEP TWO:

If the grievance has not been resolved to the satisfaction of the grievance, s/he may appeal the report of (the Section 504 Coordinator) to the (superintendent) of the (local school district) within five (5) school days of receipt of the report. After investigation and within ten (10) school days of receipt of the appeal, the superintendent shall affirm, reverse or modify the report.

STEP THREE:

If the grievance has not been resolved in STEP TWO to the satisfaction of the grievance, s/he may appeal to the school board within five (5) school days of receipt of the report in STEP TWO. The school board shall conduct an informal hearing in an open meeting to review the alleged violation. The board shall give each party at least five (5) school days' notice of its meeting. The board shall affirm, reverse or modify the report issues under STEP TWO within fifteen (15) schools days of receipt of the appeal.

APPENDIX 1-C - SECTION 504 COMPLIANCE PLAN

The Compliance Plan serves students, parents, employees, applicants for employment, and programs within the (Local District Name)

1. (Local District Name) assures students, parents, applicants for employment, and employees that it will not discriminate against any individual with disabilities.
2. The following persons are designated as Section 504 compliance coordinators:
3. Parents/guardians are provided a copy of procedural safeguards.
4. An impartial hearing and appeals process is available and provided upon request.
5. Notice to students, parents, employees and the general public of nondiscrimination assurances and parent/student rights and identification, evaluation and placement will be disseminated annually in the following manner:

a. Public service announcement in local newspapers;
b. Announcement in local central office; and
c. Posted notice in each public school building.

Additionally, the notice will be included in the professional handbook of the district employees and in each parent/student handbook.

6. (Local District Name) has established the following local grievance procedure to resolve complaints of discrimination on the basis of disability:

a. An alleged grievance must be filed in writing, fully setting out the circumstances giving rise to the grievance.
b. Such claims must be filed with the above-named Section 504 compliance coordinator.
c. A hearing will be conducted according to the procedures outlined in the regulations implementing the Family Educational Rights and Privacy Act (FERPA).
d. The coordinator will appoint a hearing officer who will conduct the hearing within a reasonable time afar the request was received.
e. The hearing officer will give the parent, student, or employee reasonable advance notice of the date, time and place of the hearing.
f. The hearing will be conducted by an individual who does not have a direct interest in the outcome of the hearing and is knowledgeable about Section 504.
g. The hearing officer will give the parent, student or employee a full and fair opportunity to present evidence relevant to the issues raised. The parent, student or employee may, at their own expense, be assisted or represented by individuals of their own choice, including an attorney.
h. The hearing officer will make a decision, in writing, and present it to the parties to the hearing within ______ days after the hearing.
i. The decision of the hearing officer will be based solely on the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

7. The local district will conduct an annual child find campaign to locate and identify all Section 504 qualified individuals with disabilities (Ages 0-21) who reside within the jurisdiction of the local district.

8. The local district will inform all individuals with disabilities and their parents/guardians of the local district's responsibilities and procedural safeguards under Section 504, as well as those under the AMPEC, and the IDEA.

APPENDIX 1-D
POLICY NOTIFICATION STATEMENT

General Nondiscrimination Policy

It is the policy of the (Local District Name) not to discriminate on the basis of race, color, religion, sex, national origin, Age or disability in its educational programs or employment policies as required by the Delaware Code, Titles VI and VII of the Civil Rights Act of 1964, the Equal Pay Act of 1973, Title IX (1972 Education Amendments), Section 504 of the Rehabilitation Act of 1973.

Inquiries regarding compliance with Title IX, Section 504 of the Americans with Disabilities Act should be directed to (name/position) of the (Local District Name), (Address) or to the Office for Civil Rights, U.S. Department of Education, Washington, D.C.

APPENDIX 1-E
DISABLED INDIVIDUALS POLICY STATEMENT

Sample 1

It is the policy of the (Local District Name) that no qualified person with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the school district.

Inquiries regarding compliance with this policy should be directed to (name/position) of the (Local District Name) *, (Address) or to the Office for Civil Rights, U.S. Department of Education, Washington, D.C.

Sample 2

It is the policy of the (Local District Name) not to discriminate against any otherwise qualified person with a disability, solely by reason of his/her disability, in admission or access to, treatment or employment in, any program or activity sponsored by this school district.

Inquiries regarding compliance with this policy should be directed to (name/position) of the (Local District Name)*, (Address) or to the Office for Civil Rights, U.S. Department of Education, Washington, D.C.

* Generally this is the Section 504 coordinator.

APPENDIX 1-F
SECTION 504 REFERRAL

A. Personal Information

Student:

DOB:

Parents:

Phone:

Address:

School:

Teacher:

Grade:

Referred by:

B.

1. Reason for the referral:

2. Strategies/Intervention initiated (attach copies of general education intervention documentation):

3. Information requested:

C.

Referral Direction (Principal only):

Principal Signature: cc: Parent, 504 Coordinator, Principal, Teacher, Educational Record

APPENDIX 1-G

PARENT NOTICE OF SECTION 504 REFERRAL

(typed on school district letterhead)

Dear Parent:

A Section 504 referral (attached) has been initiated for your (son/daughter). This correspondence serves as notification that I would like to gather information from a variety of sources in an effort to help your child. Since I have ____ instructional days to act on and come to some conclusion regarding this request, I would like to meet with you on (date), at (time) and (location). I anticipate that the referring teacher(s) will join us.

The purpose of this meeting will be to:

1. discuss the referral;
2. consider the information needed (testing may be necessary);
3. gain a release of information (if necessary);
4. gain permission to test (if necessary); and
5. explain your rights and options.

In the meantime, I would appreciate a call from you if this date or time is not convenient or if you have any questions in this regard.

Thank you.

Name and Title

cc: Educational Record

APPENDIX 1-H - SECTION 504

RELEASE OF INFORMATION FORM

For the purpose of providing the most appropriate instruction and assistance in school, I do hereby give permission for a mutual exchange of psychoeducational evaluations, psychosocial evaluations and medical evaluations concerning:

NAME OF STUDENT:

DOB:

School:

Grade:

Requesting information from:

(Hospital, Clinic, Physician, Institution, Private School)

(Address)

Name of Contact Person:

Phone:

Consenting Parent/Guardian:

Address: Phone:

Date Signed:

Release all information

Release the checked information

1. General identifying data (Name, Address, birthdate, grade level completed, grades, class standing, attendance record)
2. Standardized Achievement and Aptitude Test Scores
3. Personality and Interest Scores
4. Teacher Ratings
5. Record of Extra-Curricular Activities
6. Individualized Education Programs
7. Psychological Reports
8. Medical Reports
9. Psychiatric Reports
10. Other (Specify)

Please return to: cc: Parent Above Named Institution, Principal Educational Record

APPENDIX 1-I - PARENT NOTICE

PERMISSION FOR 504 EVALUATION

Student:

DOB

Age

Grade:

Address:

Phone:

School:

1. NOTICE:

a. A referral for a 504 evaluation has been initiated in order to determine the cause, extent, or possible remediation for a suspected physical or mental impairment. The reasons for this referral are:
b. Other options considered and general education intervention procedures tried:
c. Other factors relevant to proposed evaluation:
d. Proposed Assessment/Techniques/Personnel:
e. Date/time of 504 Conference Committee Meeting:________________________

2. PERMISSION:

The evaluation will be conducted within _____ instructional days of receipt by the principal of the parent permission form. A 504 conference will be held to discuss the evaluation and any educational program recommendations. I understand the reasons for the referral and the description of the evaluation process and have checked the appropriate box below:

Permission is given to conduct the evaluation process.

Permission is denied.

Interpreter Needed (Specify) ______________________

I have received a writ ten copy and/or explanation of the Notice of Parent/Student Rights

(Parent/Guardian)

Date:

(Principal)

Date:

(Other)

cc: Parents, Section 504 Coordinator, Principal, Educational Record

APPENDIX 1-J - SECTION 504

NOTICE OF CONFERENCE

Initial Conference

Review Conference

Casual Relationship

This is to confirm our previous contact with you to establish the 504 Conference Committee meeting.

Date: Time:

Location:

A. The purpose of this meeting:

Discuss results of evaluation

Misconduct

Instructional Progress

Review placement

Other (specify)

The following records/data will be discussed:

B. The following people will be included in the meeting:

(Include title and name - Principal, Guidance Counselor, Evaluation Specialist, Other specialists, General Education Teacher(s), School Nurse, Parent(s), Student, Interpreter, etc.)

Please complete the bottom portion and return it to

by 1. I will attend the 504 Conference Committee Meeting.

I will not attend the 504 Conference Committee Meeting.

2. I would like my child to attend the 504 Conference Committee Meeting.

I do not want my child to attend the 504 Conference Committee Meeting.

3. Please indicate if there are additional school personnel or any other persons you would like to attend the Conference Committee Meeting:

Parent/Guardian Signature:

Date:

cc: Parents Teacher

504 Coordinator Educational Record

Principal

APPENDIX 1-K

NOTICE OF PARENT/STUDENT RIGHTS IN IDENTIFICATION,
EVALUATION AND PLACEMENT OF INDIVIDUALS WITH DISABILITIES

In compliance with the procedural requirement of Section 504 of the Rehabilitation Act of 1973, the following list of rights are given to insure the parent/guardian's awareness of the regulations about the evaluations of and/or special instruction which may be offered to his/her child. Should the parent/guardian have any question, contact _______________. The parent also has the right to meet with the superintendent or designee and/or the local school board to resolve any objections to either the evaluation or educational placement of the student.

I. Organizations and Agencies which the parent/guardian may contact to obtain assistance with evaluation and/or placement questions include, but are not limited to the following:

A. Federal

(List Regional Office for Civil Rights in Philadelphia, PA.)

B. State

(List pertinent State Organizations)

C. Local

(List pertinent Local Organizations)

D. Low Cost Legal Services

(List Low Cost Legal Services in Area )

II. The following is a description of the rights granted by federal law to individuals with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. You have the right to:

A. Have your child take part in and receive benefits from education programs without discrimination because of his/her disability.

B. Have the school district advise you of your rights under federal law.

C. Receive notice with respect to the identification, evaluation or placement of your child.

D. Have your child receive a free, appropriate public education. This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodation to allow your child an equal opportunity to participate in school and school-related activities.

E. Have your child educated in facilities and receive services comparable to those provided to nondisabled students.

F. Have your child receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA), and/or general education interventions/modifications outside of special education under Section 504 of the Rehabilitation Act of 1973.

G. Have evaluation, educational and placement decisions made based upon a variety of information and sources, and by persons who know the student, evaluation data and placement options.

H. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the school district.

I. Have your child given an equal opportunity to participate in nonacademic and extracurricular activities offered by the school district.

J. Examine all relevant records at a reasonable cost unless the fee would effectively deny you access to the records.

K. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.

L. A response from the school district to reasonable requests for explanations and interpretations of your child's records.

M. Request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall so notify you within a reasonable time and advise you of the right to a hearing.

N. Request mediation, an impartial hearing and an appeal of any decisions or actions taken by the school district regarding your child's identification, evaluation, educational program or placement. The costs for these due process procedures will be borne by the school district. You and your student may take part in these proceedings and have an attorney represent you. Requests for due process must be made to the superintendent or the Section 504 coordinator. The following details the procedures:

1. If the parent/guardian disagrees with the identification, evaluation, educational placement or with the provision of a free, appropriate public education for his/her child, the parent/guardian may make a written request for a hearing to the superintendent, indicating the specific reason(s) for the request.

2. The school district may initiate a hearing regarding the identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student. The school district shall notify the parent/guardian of the specific reason(s) for the request.

3. Such hearings shall be conducted within _____ instructional days after the request is received, unless the hearing officer grants an extension, and at a time and place reasonably convenient to the parent/guardian. Upon receipt of a request for a hearing, the superintendent shall appoint the independent hearing officer. The school district shall bear all costs pertaining to the hearing, including the transcription, hearing officer fee and expenses, but shall not be responsible for the fees and expenses incurred by the parent/guardian except for those detailed below. The parent/guardian involved in a hearing shall be given the right to have the child who is the subject of the hearing present, open the hearing to the public, and be represented by counsel or any other representative.

4. During the pendency of an administrative or judicial proceeding, unless the school district and the parent/guardian of the child agree otherwise, the child involved in the proceeding shall remain in his/her present educational placement. If there is a dispute regarding this present placement, the hearing officer shall order an interim placement. The present educational placement of the child shall include normal grade advancement if the proceedings extend beyond the end of the school year. If the issues involve an application to initial admission to school, the child, with the consent of the parent/guardian, shall be placed in the school until the completion of the proceedings. In the absence of an agreement, the hearing officer shall determine the child's placement during the proceedings.

5. The child and the parent/guardian shall have the right to legal counsel and/or other representation of their own choosing. The school district shall inform the parent/guardian of any free or low-cost legal services available in the area if the parent/guardian requests the information or if the school district initiates a hearing. The school district shall bear the burden of proof as to the appropriateness of any placement, transfer or the denial of same.

6. A tape recording or other verbatim record of the hearing shall be made and transcribed and, upon request, shall be made available to the parent/guardian or representative, at the school district's expense. At a reasonable time prior to the hearing during school hours, the parent/guardian or representative shall be given access to all records of the school district, and any of its Agents or employees, pertaining to the child, including all tests and reports upon which the proposed action may be based. The parent/guardian or representative shall have the right to compel the attendance, to confront or to cross-examine any witness who may have evidence upon which the proposed action may be based. The parent/guardian or representative and school district shall have the right to present evidence and testimony, including expert medical, psychological or educational testimony. Introduction of any evidence at the hearing that has not been disclosed to both parties at least five (5) days before the hearing is prohibited, subject to the discretion of the hearing officer.

Within _____ instructional days after the hearing, the hearing officer shall render a decision in writing. Such decision shall include findings of fact, conclusions of law, and orders, if necessary, which will be binding on all parties. The dated decision shall be sent by mail to the parent/guardian and the superintendent of the school district, and shall contain notice of the right to appeal the decision. The decision shall be implemented no later than _____ instructional days following the date of the decision, unless review is sought by either party. Should the parent/guardian be represented by legal counsel and ultimately prevail on the issues at administrative and/or judicial proceedings, the parent/guardian may be entitled to payment of all or part of the attorney fees and other costs incurred by the parent/guardian.

O. Request a review (appeal) of the hearing should you not prevail. The following details the procedure:

1. A petition to review (appeal) the decision of the hearing officer may be made by any party to the hearing. The request must be in writing, filed with the superintendent and the opposing party, be specific as to the objection, and be filed within _____ instructional days of the date the hearing officer's decision is received. The school district is responsible for the appointment of an independent appeals officer to conduct an impartial review of the record as a whole and may, at his/her election, conduct the review with or without oral argument. Such review shall be conducted within _____ instructional days of the receipt of the petition to review, unless either party requests an extension of time.
2. The appeals officer shall insure that a transcript of the review is prepared and made available to any party upon request.
3. Any party disagreeing with the decision of the appeals officer may appeal to a civil court with jurisdiction.
4. A parent/guardian represented by legal counsel during the proceedings of a due process hearing, appeal, or civil action may be entitled to reimbursement of legal fees if the parents ultimately prevail.

P. Ask for payment of reasonable attorney fees if you are successful on your claim.
Q. File a local grievance.

The person is this school district who is responsible for assuring that the school district is in compliance with Section 504 is _____________________________.

APPENDIX 1-L

LETTER TO PRIVATE SETTING FOR STUDENTS RETURNING TO School

(date)

Dear _______________:

It has come to our attention that (student's name), (date of birth), of (Address), has been under your care for the past weeks. In order to properly help this student, we would appreciate information relative to (his or her) stay with you.

We have contacted the parents in this regard and a release of information is enclosed for your convenience.

Should you have any question, please feel free to contact me.

Sincerely,

(Name and Title)

cc: Educational Record

APPENDIX 1-M

LETTER TO PHYSICIAN REGARDING

ATTENTION DEFICIT DISORDER/ATTENTION DEFICIT HYPERACTIVITY DISORDER

(date)

Dear Dr. ______________________:

A referral has been initiated for (student's name), (date of birth) of (Address) under Section 504 of the Rehabilitation Act of 1973. Since it has been suggested that the student has attention deficit disorder, and that the student may require special attention in the general education curriculum, we would appreciate your input. Please complete the attached questionnaire within _____ instructional days. A release of information has been signed by the parent/guardian and is attached.

If you have any questions regarding this request, please do not hesitate to contact me.

Sincerely,

(Name and Title)

cc: Parent

Educational Record

APPENDIX 1-N

PHYSICIAN QUESTIONNAIRE FOR ATTENTION DEFICIT DISORDER

Student:

Date of Birth:

Address:

Grade:

Parent:

Phone:

The following information is being requested to help determine appropriate academic programming for this student.

1. Please state student's diagnosis.

2. Indicate symptoms and how they were brought to your attention (i.e., observation, parent report, teacher rating forms, etc.)

3. Are there any specific concerns regarding how these symptoms may impact the student's learning or behavior or performance in school?

4. Is there any other pertinent medical history or medical concern that could affect this student in school?

5. Are there any recommendations that you feel may be helpful to this student?

6. Is there any information regarding medication that the school nurse will need?

7. Do you require teacher rating forms for this student?

Specific form:

Frequency:

Parental consent is required before providing this information. Please indicate if this information is confidential and should be kept in a medical file.

Yes _____ No _____

APPENDIX 1-O

LETTER TO PHYSICIAN REGARDING MEDICAL CONCERNS

(date)

Dear Dr. _________________:

A referral has been initiated for (student's name), (date of birth), of (Address) under Section 504 of the Rehabilitation Act of 1973. The reason(s) for the referral is (are)

(type reason(s) here)

Since the questions presented are related to medical concerns and it appears that these concerns are affecting a "major life activity" (i.e., learning), we would appreciate your input. Please complete the attached questionnaire. A release of information has been signed by the parent/guardian and is attached for your convenience.

If you have any questions regarding this request, please do not hesitate to contact me.

Thank you in advance for your assistance.

Sincerely,

(Name and Title)

cc: Parent

Educational Record

APPENDIX 1-P

PHYSICIAN QUESTIONNAIRE FOR MEDICAL CONCERNS

Student:

Date of Birth:

Address:

Grade:

Parent:

Phone:

1. Detail available medical background, including a written diagnostic statement and copies of any/all reports.

2. In your opinion, how do these difficulties "substantially limit" this student's ability to receive and benefit from learning?

3. Recommendation for consideration at an upcoming conference.

Please attach any reports pertinent to the medical/educational needs of this child.

Please forward this copy to (name) by (date).

Thank you.

cc: Principal

Parents

Educational Record

APPENDIX 1-Q

School STAFF QUESTIONNAIRE FOR ATTENTION DEFICIT DISORDER

Student:

Date of Birth:

Address:

Grade:

Parent:

Phone:

1. Please share your thoughts on any of the following that may apply to this student:

a. Attention Deficits

b. Impulsiveness

c. Restlessness

d. Non-Compliance

e. Other

2. When did this behavior begin?

3. How long have the symptoms occurred? (Please explain)

4. Where do you see the symptoms? (Please explain)

5. How does this student compare to others his/her Age?

6. What would you like to recommend?

Please attach any reports pertinent to the medical/educational needs of this student.

Please forward this copy to _____________________________ by (date).

Thank you.

cc: Principal

Educational Record

APPENDIX 1-R

School STAFF QUESTIONNAIRE FOR MEDICAL CONCERNS

Date of Birth:

Address:

Grade:

Parent:

Phone:

Teacher:

1. Detail available medical background including a written diagnostic statement and copies of any/all reports.

2. In your opinion, how do these difficulties "substantially limit" this student's ability to receive and benefit from an education?

3. Recommendations for consideration at an upcoming conference.

4. Other comments you wish to offer.

Please attach any reports pertinent to the medical/educational needs of this child.

Please forward this copy to ________________________ by (date).

Thank you.

cc: Principal

Educational Record

APPENDIX 1-S

PARENT QUESTIONNAIRE FOR ATTENTION DEFICIT DISORDER

Student:

Date of Birth:

Address:

Grade:

Parent:

Phone:

1. Please share your thoughts on any of the following that may apply to this student:

a. Attention Deficits

b. Impulsiveness

c. Restlessness

d. Non-Compliance

e. Other

2. When did this behavior begin?

3. How long have the symptoms occurred? (please explain)

4. Where do you see the symptoms? (i.e., at home, neighborhood, school)

5. How does this student compare to others his/her Age?

6. Detail available medical background including a written diagnostic statement and copies of any/all reports.

7. Has medication been recommended?

8. Is medication being administered in the home?

9. What would you like to recommend?

Please attach any reports pertinent to the medical/educational needs of this student.

Please forward this copy to _______________________ by (date).

Thank you.

cc: Principal

Educational Record

APPENDIX 1-T

SECTION 504 ACCOMMODATIONS PLAN

STUDENT:

School:

Grade:

IMPLEMENTATION DATE:

TERMINATION DATE:

REVIEW:

Statement of student's performance as it related to this "plan":
_____________________________________________________________________________

_____________________________________________________________________________

Intervention/Strategy

Implementers

Monitoring

Date

Comments

cc: Parents

Section 504 Coordinator

Principal

Teacher

Educational Record

APPENDIX 1-U

SECTION 504 ACCOMMODATIONS PLAN

ADDENDUM

(student's name)

Mark student's correct and acceptable work, not his mistakes

Examinations and quizzes should be given orally.

Reading assignments should be presented on cassette tapes.

Make arrangements for homework assignments to reach home with clear, concise directions.

Reversals and transpositions of letter and numbers should not be marked wrong. Instead, reversals or transpositions should be pointed out for correction.

Recognize and give credit for student's oral participation in class.

Provide extra test time.

Student should be allowed to copy another student's class notes.

Student should be allowed to tape classroom lectures or discussions.

Student should be provided a carbon copy of another student's class notes.

Utilization of peer tutoring.

Utilization of cross-Age tutoring.

Avoid placing student under pressure of time or competition.

Accept homework papers typed by the student or dictated by him and recorded by someone else, if need be.

Do not return handwritten work to be copied over; paper is often not improved and student's frustration elevated.

Quietly repeat directions to him after they have been given to the class; then have him repeat and explain directions to you.

Let him dictate themes or answers to questions on a cassette tape.

Accompany oral directions with written directions for child to refer to (on board or paper).

Do not require lengthy outside reading assignments.

Student should be permitted to use cursive writing.

Other:

cc: Parent, Section 504 Coordinator, Principal, Teacher, Educational Record

APPENDIX 1-V - SECTION 504 CONFERENCE COMMITTEE REPORT

A. PERSONAL INFORMATION

Student Name:

DOB:

Sex:

Grade:

Home School:

Home School District:

Address:

Parent Name:

Address:

City:

State:

Zip Code:

Phone:

Work Phone:

B. Section 504 Conference was convened for the above mentioned student on (date).

Initial Conference:

Case Review :

Retest Conference:

The following data was presented:

Options Discussed:

Were options accepted? If not, describe reasons options were rejected.

Alternative educational opportunities available on a temporary or permanent basis:

Other factors relevant to options/decisions:

C. RECOMMENDATIONS

On the basis of the data presented, the following decision was made:

Student does not meet 504 eligibility criteria.

Student meets 504 eligibility criteria (refer to Accommodations Plan)

Program Recommended:

D. CONFERENCE PARTICIPATION

1. Parents/Guardians

a. I have been given the opportunity to participate in the development of the accommodations plan.

b. I understand the contents and reasons for the program recommended and have received in writing an explanation

c. I have been informed of my rights and options under Section 504 by:

______________________________________________________________________
(staff) &nbs (date)

d. Permission for the program to begin is: _____ granted ____ denied

______________________________________________________________________
Parent/Guardian Signature

Comments:

2. Other participants:

________________________________________ __________________________
(Principal) (Counselor)

________________________________________ __________________________
(Regular Ed Teacher) (Nurse)