Policy 6164.6 - Identification & Education Under Section 504

Rule 6164.6

1. A parent/guardian, teacher, other school employee, student success team, or community agency may refer a student to the principal or 504 Coordinator for identification as a student with a disability under Section 504
    
2. Upon receipt of any such referral, the principal, 504 Coordinator, or other qualified individual with expertise in the area of the student’s suspected disability shall consider the referral and determine whether an evaluation is appropriate. This determination shall be based on a review of the student's school records, including those in academic and nonacademic areas of the school program; consultation with the student's teacher(s), other professionals, and the parent/guardian, as appropriate; and analysis of the student's needs.     
   
   If it is determined that an evaluation is unnecessary, the principal or 504 Coordinator shall inform the parents/guardians in writing of this decision and of the procedural safeguards available, as described in the "Procedural Safeguards" section below.
    
3. If the student needs or is believed to need special education or related services under Section 504, the district shall conduct an evaluation of the student prior to their initial placement       
   
   Prior to conducting an initial evaluation of a student for eligibility under Section 504, the district shall obtain written parent/guardian consent.         
   
   The district's evaluation procedures shall ensure that tests and other evaluation materials:  
   
   a. Have been validated and are administered by trained personnel in conformance with the instruction provided by the test publishers
   b. Are tailored to assess specific areas of educational need and are not merely designed to provide a single general intelligence quotient
   c. Reflect the student’s aptitude or achievement or whatever else the tests purport to measure rather than the student’s impaired sensory, manual, or speaking skills except where those skills are the factor that the tests purport to measure

1. A multidisciplinary 504 team shall be convened to review the evaluation data in order to make placement decisions   
   
   The 504 team shall consist of a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.
   
   In interpreting evaluation data and making placement decisions, the team shall draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. The team shall also ensure that information obtained from all such sources is documented and carefully considered and that the placement decision is made in conformity with 34 CFR 104.34.
    
2. If, upon evaluation, a student is determined to be eligible for services under Section 504, the team shall meet to develop a written 504 services plan which shall specify the types of regular or special education services, accommodations, and supplementary aids and services necessary to ensure that the student receives FAPE
   
   The parents/guardians shall be invited to participate in the meeting and shall be given an opportunity to examine all relevant records.
    
3. If the 504 team determines that no services are necessary for the student, the record of the team's meeting shall reflect whether or not the student has been identified as a person with a disability under Section 504 and shall state the basis for the determination that no special services are presently needed. The student's parent/guardian shall be informed in writing of their rights and procedural safeguards, as described in the "Procedural Safeguards" section below.
    
4. The student shall be placed in the regular educational environment, unless the district can demonstrate that the education of the student in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. The student shall be educated with those who are not disabled to the maximum extent appropriate to their individual needs.
    
5. The district shall complete the identification, evaluation, and placement process within a reasonable time frame. The district shall adhere to this time frame regardless of any extended school breaks or times that school is otherwise not in session.
    
6. A copy of the student's Section 504 services plan shall be kept in their student record. The student's teacher(s) and any other staff who provide services to the student shall be informed of the plan's requirements.

1. The parent/guardian shall submit a written request to the 504 Coordinator within 30 days of receiving the district's decision or, if an administrative review is held, within 14 days of the completion of the review. The request for the due process hearing shall include:
   
   a. The specific nature of the decision with which the parent/guardian disagrees
   b. The specific relief the parent/guardian seeks
   c. Any other information the parent/guardian believes is pertinent to resolving the disagreement
    
2. Within 30 days of receiving the parent/guardian's request, the Superintendent or designee and 504 Coordinator shall select an impartial hearing officer. This 30-day deadline may be extended for good cause or by mutual agreement of the parties.
    
3. Within 45 days of the selection of the hearing officer, the Section 504 due process hearing shall be conducted and a written decision mailed to all parties. This 45-day deadline may be extended for good cause or by mutual agreement of the parties.
    
4. The parties to the hearing shall be afforded the right to:
   
   a. Be accompanied and advised by legal counsel and by individuals with special knowledge or training related to the problems of students with disabilities under Section 504
   b. Present written and oral evidence
   c. Question and cross-examine witnesses
   d. Receive written findings by the hearing officer stating the decision and explaining the reasons for the decision