SAN FRANCISCO UNIFIED SCHOOL DISTRICT

Section 504 of the Rehabilitation Act of 1973

RESOURCE GUIDE

Student, Family and Community Support Department School Health Programs

1515 Quintara Street San Francisco, CA 94116

(415) 242-2615

Revised May 2017

Preface SFUSD does not discriminate on the basis of disability. It is the policy of the San Francisco Unified School District (SFUSD) to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973 (Section 504), may need accommodations/ services to receive a free appropriate public education. SFUSD is committed to ensuring that 504-eligible students receive a free appropriate education and will provide the necessary accommodations and specialized services through a 504 Plan to ensure this right. This Section 504 Resource Guide provides an overview of Section 504 of the Rehabilitation Act of 1973 and the ADA Amendment Acts of 2008 as they relates to programs and services for students, as well as an overview of San Francisco Unified School District’s administrative regulations and procedures, required forms, and parental rights. For additional information regarding Section 504, contact Michele McAdams or Deborah Manginelli, District 504 Coordinators for SFUSD at Student, Family and Community Support Department, School Health Programs, 1515 Quintara Street, San Francisco, CA 94116. Tel: 415-242-2615; fax: 415-242-2618.

TABLE OF CONTENTS

I. Overview of Section 504 and Related Legislation ................................................................ 1

INTRODUCTION ............................................................................................................................................................. 1 RELATED LEGISLATION—THE IDEA, THE ADA & THE ADAAA OF 2008 ................................................................................ 2 NEW GUIDANCE CLARIFYING CIVIL RIGHTS OF STUDENTS WITH ADHD – JULY 2016 ................................................................ 3

II. Section 504 Eligibility & Definitions ..................................................................................... 4

III. Requirements of Section 504 and ADA .............................................................................. 14

NONDISCRIMINATION .................................................................................................................................................. 14 FREE APPROPRIATE PUBLIC EDUCATION .......................................................................................................................... 14

IV. Administrative Regulations................................................................................................. 16

PURPOSE AND RESPONSIBILITY ...................................................................................................................................... 16 SCHOOL SITE 504 COORDINATOR .................................................................................................................................. 16 DISTRICT 504 COORDINATOR ........................................................................................................................................ 17 504 IDENTIFICATION AND REFERRAL PROCEDURES ............................................................................................................ 17 504 EVALUATION ........................................................................................................................................................ 20 504 PLAN FOR SERVICES .............................................................................................................................................. 21 REVIEW OF STUDENT PROGRESS .................................................................................................................................... 21 NOTIFICATION TO PARENTS/GUARDIANS OF PROCEDURAL RIGHTS UNDER SECTION 504 ......................................................... 22

V. Using the Section 504 Process Flow Chart and Related Forms ......................................... 25

VI. Sample 504/ADA Accommodations ................................................................................... 28

ACCOMMODATIONS TO THE PHYSICAL ENVIRONMENT ........................................................................................................ 28 ACCOMMODATIONS FOR ORGANIZATION ........................................................................................................................ 29 ACCOMMODATIONS TO INSTRUCTIONAL MATERIALS ......................................................................................................... 29 ACCOMMODATIONS DURING TESTING ............................................................................................................................. 29 ACCOMMODATIONS TO INSTRUCTIONAL METHOD AND PRESENTATION ................................................................................ 30 ACCOMMODATIONS TO CURRICULUM ............................................................................................................................. 30 ACCOMMODATIONS TO HOMEWORK .............................................................................................................................. 31 ACCOMMODATIONS ADDRESSING SPECIFIC BEHAVIORS ..................................................................................................... 31

VII. Discipline and Section 504 .................................................................................................. 37

OVERVIEW ................................................................................................................................................................. 37 QUESTIONS AND ANSWERS ........................................................................................................................................... 37

VIII. Grievance Procedure ........................................................................................................... 40

GRIEVANCE PROCEDURE REGARDING IDENTIFICATION, EVALUATION OR EDUCATIONAL PLACEMENT............................................ 40 DISCRIMINATION COMPLAINTS ...................................................................................................................................... 41

1

I. Overview of Section 504 and Related Legislation Introduction This Section 504 Resource Guide focuses on the provision of educational programming and services to students qualified under Section 504. It covers issues such as eligibility, evaluation, the development of a 504 Plan, rights and safeguards provided under Section 504, as well as providing grievance procedures and a variety of forms.

Section 504—Overview Section 504 of the Rehabilitation Act of 1973 (Section 504) is federal legislation designed to protect the civil rights of qualified individuals with disabilities and provide a free appropriate public education (FAPE) for qualified eligible students in the least restrictive environment (LRE). Section 504 applies to all entities that receive federal funds. Public school districts receive a variety of federal funds, thus Section 504 applies to public school districts. 504 Nondiscrimination Provision. Section 504 mandates that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of any entity that is a recipient of Federal financial assistance. (34 CFR § 104.4(a)) 504 FAPE Requirement. Section 504 also requires that public school districts receiving federal funding provide a free appropriate public education (“FAPE”) to each qualified person with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the person’s disability. (34 CFR § 104.33(a)) Under Section 504, FAPE may consist of either general or special education and related aids and services that are designed to meet the individual educational needs of persons with disabilities as adequately as the needs of non-disabled persons are met. (34 CFR § 104.33(a)-(b)) 504 Least Restrictive Environment Requirement. Section 504 requires that students be educated in the least restrictive environment (LRE) appropriate for the student. A school district must:

“[P]rovide for the education of each [student with a disability] in its jurisdiction with [non-disabled] persons . . . to the maximum extent appropriate to the needs of the [person with a disability]. A school district shall place a [student with a disability] in the regular educational environment . . . unless it is demonstrated by the school district that the education of the [student with a disability] in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily . . .”

(34 CFR § 104.34(a))

2

Related Legislation—the IDEA, the ADA & the ADAAA of 2008 IDEA The Individuals with Disabilities Education Act (IDEA) is a federal statute providing for the education of students with disabilities. The IDEA provides special education and related services in the least restrictive environment for students who qualify under IDEA criteria. There are 13 eligibility categories under the IDEA, and a student must meet one or more of those eligibility categories and require special education and related services in order to derive educational benefit. The Section 504 definition of a disability is broader, including any physical or mental impairment that substantially limits one or more major life activity; any person who has a record of such disability, or who is regarded as having such disability. Section 504 covers a wider array of students with disabilities than the IDEA. A student with a disability who does not qualify for special education under the IDEA, may qualify for services and/or accommodations under Section 504. Special education and related services under the IDEA are provided and managed by special education staff members, often in collaboration with general education staff. In contrast, the provision and management of Section 504 services and accommodations is generally the responsibility of general education staff members. Section 504 Plans are most often (but not always) implemented in the general education setting by general education staff. ADA Like Section 504, the Americans with Disabilities Act (ADA) is federal legislation designed to protect the civil rights of individuals with disabilities, and provide a free appropriate public education (FAPE) for eligible students. Both Section 504 and the ADA have provisions regarding the accessibility of buildings and facilities. While Section 504 applies to entities that receive federal funds, the ADA applies to virtually every entity except churches and private clubs. The obligations the ADA imposes are virtually identical to those imposed upon public schools by Section 504. ADAAA – The ADA Amendments Act of 2008 In September of 2008, Congress passed an amendment to the ADA, which is called the ADA Amendments Act of 2008 (ADAAA). Effective as of January 1, 2009, the ADAAA established a broad definition of “disability” and other terms within the ADA and Section 504. The ADAAA affected the way that eligibility is determined under Section 504. This 504 Resource Guide reflects the ADAAA’s changes to the ADA and Section 504. (ADA Amendments Act of 2008 codified at 42 USC § 12102.)

3

New Guidance Clarifying Civil Rights of Students with ADHD – July 2016 The U.S. Department of Education’s Office of Civil Rights issued new guidance on the rights of students with Attention Deficit Hyperactivity Disorder (ADHD) on July 26, 2016. This new guidance:

Notes that the Office of Civil Rights will presume that a student with a diagnosis of ADHD is substantially limited in one or more life activities, and therefore eligible for a Section 504 plan, unless there is evidence to the contrary.

Notes that when a school district suspects a student has ADHD and conducts an evaluation to determine disability, it must consider the student, in an unmitigated state, both in and out of school. (For further explanation, see “Mitigating Measures” on page 10.) A student might not exhibit serious academic or behavioral challenges at school – perhaps due to self-management skills, or medication of which the school district may or may not be aware, or the nature of the impairment – but, in other settings, or later in the day, the limitations become more apparent and substantial.

Discusses the obligation to provide services based on students’ specific needs and not based on generalizations about disabilities, or ADHD, in particular. For example, the guidance makes clear that schools must not rely on the generalization that students who perform well academically cannot also be substantially limited in major life activities, such as reading, learning, writing and thinking; and that such a student can, in fact, be a person with a disability.

Clarifies that students who experience behavioral challenges, or present as unfocused or distractible, could have ADHD and may need an evaluation to determine their educational needs.

Reminds schools that they must provide parents and guardians with due process and allow them to appeal decisions regarding the identification, evaluation, or educational placement of students with disabilities, including students with ADHD. (https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf )

4

II. Section 504 Eligibility & Definitions Overview

A qualified student is protected from discrimination based on disability under Section 504 if the student has a mental or physical impairment that substantially limits one or more major life activities; has a record of having such impairment; or is regarded as having such an impairment. 29 USC 705(20)(B)(iii). Qualified students with a “record of” or who are “regarded as” having a disability—but who do not actually have such impairment—are not eligible for accommodations and/or services under Section 504, but they are eligible for protection from discrimination under Section 504. (OCR Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, March 2009, Question 37; OCR Senior Staff Memorandum, 19 IDELR 894.) The purpose of including non-disabled students within Section 504 is to protect them from being injured by the prejudice or stereotypical attitudes of others. A qualified student person who falls under the “record of” or “regarded as” portions of the definition of “disability,” is protected from discrimination by Section 504 only when negative action is taken based on the fact that he/she has “a record of” or is “regarded as” a person with a disability. (OCR Senior Staff Memorandum, 19 IDELR 894, emphasis added.) Thus, the application of the “record of” and/or “regarded as” definitions of disability arise in the context of a claim of discrimination. In this event, the 504 grievance procedures detailed in this Section 504 Resource Guide should be utilized. See also the definition of “qualified.” Eligibility for FAPE under Section 504

To become eligible for services and protections against discrimination on the basis of disability under section 504, a qualified student must be determined—as a result of an evaluation—to have a “physical or mental impairment” that “substantially limits one or more major life activities.” (29 USC 705(20)(B); 34 CFR 104.35) The provision of services and/or accommodations under Section 504 is limited to students who are found, as a result of an evaluation, to actually have such an impairment, in which case a 504 Plan will be developed if needed to provide appropriate accommodations and/or services designed to meet the individual educational needs of persons with disabilities as adequately as the needs of non-disabled persons are met. (34 CFR § 104.33(a)-(b)) Eligibility Analysis

Regarding eligibility, there is a threshold question of whether the student is “qualified.” A student is “qualified” for the educational services of a school district if he/she is of school age under state law. (See the definition of “qualified” below for further detail.) This threshold

5

question is usually answered quickly and easily. Once this is answered, the following two questions form the core of the eligibility analysis for Section 504 services:

1. Does the student have a physical or mental impairment? 2. Does the impairment substantially limit one or more major life activities?

If the student is “qualified” (i.e. is of school age by state law) and both questions above are answered “yes,” then the student will be deemed a student with a disability under Section 504 and will be entitled to general or special education and related aids and services in order to meet his/her individual educational needs as adequately as the needs of non-disabled persons are met. The above questions are central to the evaluation of the student for eligibility under Section 504 and must be addressed pursuant to the requirements provided under “Evaluation” section below. Evaluation

Section 504 eligibility and placement determinations (including services) must be made based on an evaluation of the child by a group of persons including persons knowledgeable about the child, about the meaning of evaluation data, and about the placement/services options. The school site 504 Team makes Section 504 eligibility and placement/services determinations and must be comprised of the persons with the required knowledge, as above. Preparation Tip: In preparation for the 504 eligibility meeting, the school site 504 Coordinator or another member of the school site Section 504 team will gather all information and data on the student. The District 504 Coordinators can provide guidance and assistance and may recommend other school staff join the SST/504 Team. For example, a case where a student has a medical issue and complex medical information is being presented may require school district nurse consultation with the student’s health provider and participation in the Section 504 meeting. If the student does not have a diagnosis, the 504 team should look at the other information available to determine eligibility. Parent/guardian must have the opportunity for participation and input. In addition, written consent signed by parent/guardian is required for an initial evaluation under Section 504 and must be obtained in writing prior to the initial evaluation. Letter to Durham, 27 IDELR 380 (OCR 1997). (Note, however, that re-evaluation under Section 504 does not require written parental consent.) In evaluating the student, the 504 Team must:

1. Draw upon a variety of sources in the evaluation;

2. Establish procedures to ensure that information obtained from all sources is documented and carefully considered; and

3. Ensure any placement (including services) decisions are made by the required group.

6

Examples of sources to consider in making the Section 504 eligibility determination include, but are not limited to, the following: medical records, letters from health care providers, outside evaluations; relevant school records, standardized tests, suspensions, office referrals; observations of teachers, paraprofessionals, administrators, school counselors, school social workers, school nurses, parents/guardians, and where appropriate, the student. This list is not exhaustive. Other sources may include information gathered from a discussion between the school district nurse and the student’s health provider, assessment by district staff or other professional, and more. (Note: Parent/guardian must sign written consent prior to information sharing between health care providers and school staff.) If the SST/504 Team believes a formal assessment is needed, it may make a referral. For any assessment conducted, the school district must ensure (1) that the assessment materials have been validated for the purpose for which they are used, (2) assessments are administered by trained personnel in conformity with the producer’s instructions; (3) assessments are designed to assess specific areas of educational need; and (4) assessments are administered to accurately reflect the student’s ability rather than the student’s impaired skill. (34 CFR 104.35) If a formal assessment is necessary, the SST/504 Team must include a resource specialist or school psychologist or other persons with knowledge of assessment instruments. The SST/504 Team evaluates a student’s needs and possible disability before initiating services or before a significant change of placement is made. Information and data from a variety of sources is collected, documented, and considered. NOTE on Special Education Referrals: Referrals for assessment for special education services under the IDEA may occur during the SST and/or 504 process. If parent/guardian requests a referral for IDEA special education assessment, a legal timeline is triggered. The referral should be made immediately without delay to the school psychologist or school speech-language pathologist depending on the suspected disability. Disability

The term “disability” means, with respect to an individual— (A) A physical or mental impairment that substantially limits one or more major life

activities of such individual; (B) Has a record of such an impairment; or (C) Is regarded as having such an impairment. (34 CFR 104.3(j); 42 USC § 12102)

A student who meets the definition under subpart “A” above is eligible for protection from discrimination under Section 504, and also for services and/or accommodations designed to meet the individual educational needs of the person with a disability as adequately as the needs of non-disabled persons are met. A person who meets the definition under subpart “B” and “C” is eligible for protection from discrimination under Section 504, but is not eligible for services and/or accommodations unless they ALSO meet the definition under subpart “A.” This is because a person only eligible under

7

subpart “B” and “C,” and not subpart “A,” does not actually have a disability, and therefore he or she is not in need of, or entitled to, services and /or accommodations under Section 504. (OCR Senior Staff Memorandum 19 IDELR 894 (1992); OCR Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, March 2009, Question 37.) The Office for Civil Rights (OCR) of the U.S. Department of Education explains the distinction as follows:

“In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a ‘record of’ or is ‘regarded as’ disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the [ADA Amendments Act of 2008] . . . in which Congress clarified that an individual who meets the definition of disability solely by virtue of being ‘regarded as’ disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases ‘has a record of disability’ and ‘is regarded as disabled’ are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.” (OCR Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, March 2009, Question 37; 42 USC 12102(3). See also OCR Senior Staff Memorandum, 19 IDELR 894.)

Physical or Mental Impairment

Physical or mental impairment means: (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss

affecting one or more of the following body systems: neurological; musculoskeletal; specific sense organs; respiratory including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(B) Any mental or psychological disorder, such as intellectual disability, organic brain

syndrome, emotional or mental illness, and specific learning disabilities. (34 Code of Federal Regulations Part 104.3(j)(2))

Appendix A to the Section 504 regulations enumerates additional examples, diseases, and conditions, such as: orthopedic; visual, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; and intellectual disability. (Appendix A to 34 CFR Part 104, Analysis of Final Regulations, Subpart A, General Provisions.) The list of impairments from the ADA and Section 504 are not intended as exhaustive of all diseases and conditions that may constitute a physical or mental impairment. A disease or condition not specifically listed in the ADAAA or Section 504 regulations may nonetheless constitute a physical or mental impairment under Section 504. Determinations must be made

8

on an individualized case-by-case basis. (OCR Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, March 2009, Question 12.) Exclusions from the Definition “Individual with a Disability.” Section 504 explicitly excludes from the qualifying term “individual with a disability” a variety of “sexual behavior disorders” such as exhibitionism and voyeurism. Also excluded are compulsive gambling, kleptomania, pyromania, and “psychoactive substance abuse disorders resulting from current illegal drug use.” (29 USC 705(20)(F), emphasis added; OCR Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, March 2009, Question 16.) Substantially Limits

The ADA Amendments Act of 2008, which took effect on January 1, 2009, changed the definition of “substantially limits” that had been established over the years by court interpretations of the ADA and Section 504. The definition of disability, including the definition of “substantially limits,” in the ADA Amendments Act of 2008 applies to Section 504.

Not all impairments affect an individual in a major life activity such that they are substantially impaired. An individual with a disability is someone who due to an impairment is substantially limited in performing a major life activity as compared to most people in the general population. An impairment need not prevent or severely restrict, the individual from performing a major life activity to be considered a disability. While the limitation imposed by an impairment must be important, it need not rise to the level of severely or significantly restricting the ability to perform a major life function. The level of limitation required is “substantial” as compared to most people in the general population, which does not require significant or severe restriction yet must be more than a temporary, non-chronic impairment of short duration with little or no residual effects (e.g. the common cold or flu). Multiple impairments that combine to substantially limit one or more of an individual’s major life activities also constitute a disability. 29 CFR 1630.2(j) Determination of whether an individual is experiencing substantial limitation in performing a major life activity is a common sense assessment based on comparing an individual’s ability to perform a specific major life activity (which could include a major bodily function) with that of most people in the general population. The comparison between the individual and “most people” should be based on a common-sense approach that does not require an exacting or statistical analysis. The comparison to the general population continues to mean a comparison to other people in the general population, not a comparison to those similarly situated. For example, the ability of an individual with an amputated limb to perform a major life activity is compared to other people in the general population, not to other amputees. However, this does not mean that disability cannot be shown where an impairment is diagnosed, in comparison to a particular class of people rather than how the impairment manifests itself in reference to the general population. For example, an individual with dyslexia may be substantially limited in reading and/or learning as evidenced by information about how the impairment affected his learning as compared to what would otherwise be expected of the individual or others of a certain age, school grade, level of education, or aptitude. 29 CFR 1630.2(j)

9

Rules Used to Determine Whether Someone Has a Disability for Purposes of Section 504:

An impairment need not prevent, or significantly or severely restrict, performance of a major life activity to be “substantially limiting.”

Disability “shall be construed in favor of broad coverage” and “should not require extensive analysis.”

An individual’s ability to perform a major life activity is compared to “most people in the general population” often using a common-sense approach that does not require an exacting or statistical analysis.

An impairment need not substantially limit more than one major life activity. Examples Illustrating Definition of Disability:

Impairments for which an individualized assessment “can be conducted quickly and easily, and that will consistently result in a determination that the person is substantially limited in a major life activity”: deafness, blindness, intellectual disability (formerly known as mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia. This is not an exhaustive list of examples, which means that impairments not listed could still consistently meet the definition of disability.

Impairments that may be substantially limiting for some individuals but not for others, and therefore may require somewhat more analysis to determine whether they are substantially limiting for a particular individual, though still not extensive analysis: asthma, high blood pressure, back and leg impairments, learning disabilities, panic or anxiety disorders, some forms of depression, carpal tunnel syndrome, and hyperthyroidism. This is not an exhaustive list of examples, which means that impairments not listed could meet the definition of disability.

Temporary, non-chronic impairments of short duration with little or no residual effects that usually will not substantially limit a major life activity: common cold, seasonal or common influenza, a sprained joint, minor and non-chronic gastrointestinal disorders, a broken bone expected to heal completely, appendicitis, and seasonal allergies. Moreover, episodic conditions that impose only minor limitations are not disabilities. These conditions may include seasonal allergies that do not substantially limit a person’s major life activities even when active. The fact that an impairment is of long duration, chronic, or even permanent, does not necessarily establish that it is substantially limiting.

o However, an impairment may still be substantially limiting even if it lasts or is expected to last fewer than 6 months, and must be analyzed on a case-by-case basis.

(Joint Hoyer-Sensenbrenner Statement on the Origins of the ADA Restoration Act of 2008, H.R. 3195 at 5.)

10

“Substantial Limitation” Must Be the Result of a Mental or Physical Impairment

It is important to remember that the limitation of the performance of a major life activity must be the result of a condition that is an impairment under Section 504. Advanced age by itself, physical or personality characteristics, and environmental, cultural, and economic disadvantages are not impairments. Consequently, even if such factors substantially limit an individual’s ability to perform a major life activity, this limitation will not constitute a disability. Thus, if someone could sleep only three hours per night because he had a newborn child living in his home, or because he lives along a noisy street, his limitation would not constitute a disability. An individual who is unable to read because he or she was never taught to read would not be an individual with a disability because lack of education is not an impairment. Episodic Disabilities and Remission

If an impairment is episodic or in remission, school districts must consider whether the impairment would substantially limit one or more major life activities when the impairment is active in order to determine if the student is eligible for Section 504 Services. (29 USC 705; 42 USC 12101) To develop a 504 Plan for an eligible student who has an impairment that is episodic or in remission, create a 504 Plan to address the student’s needs when the impairment is active and when it is not active. For example, the 504 Plan may specify: “If student’s condition is active, then Y… If student’s condition is not active, then Z…” Be careful not to overlook student needs that may be present even when the impairment is inactive or in remission. Mitigating Measures

In determining whether a student has a physical or mental impairment that substantially limits a major life activity, the school district must not consider the ameliorating effects of any mitigating measures the student is using—with the exception of the use of eyeglasses or contact lenses which, when used, eliminate the vision impairment. In the ADA Amendments Act of 2008, Congress did not define the term “mitigating measures,” but did provide a non-exhaustive list of equipment or appliances; low-vision devices (not including eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications. Other than the exception of the use of eyeglasses or contact lenses, the ameliorating effect of any mitigating measure (e.g. medication, hearing aids, learned behaviors, modifications) may not be taken into account. A 504 eligibility determination must be made by assessing the disability or disabilities without mitigating measures.

11

To comply with the mitigating measures rule, the Section 504 team must identify the mitigating measures currently being used by the student. Once identified, the team must determine how the student’s impairment would impact the major life activity at issue in the absence of the ameliorative effects of each mitigating measure. For example, if the student has been diagnosed with ADHD and is medicated (medication is a mitigating measure), the team must determine whether the student’s impairment would substantially limit concentration or learning (or any other appropriate major life activity or major bodily function) if medication were removed. The team must identify each mitigating measure used and determine how the impairment would impact the major life activity without the positive impact of the mitigating measure. Temporary Impairment

The determination of whether a temporary impairment is a disability for purposes of eligibility for services under Section 504 should be resolved on a case-by-case basis, with individualized analysis, taking into consideration both the duration of the impairment and whether it causes a substantial limitation to one or more major life activities. An impairment does not have to last more than six months to be considered substantially limiting under subpart “A” and “B”. In addition, in the ADA Amendments Act of 2008, which applies to Section 504, Congress clarified that an individual shall not be “regarded as” having a disability (protected from discrimination on the basis of disability) if the impairment is both transitory and minor. An impairment is considered transitory with an actual or expected duration of six (6) months or less. (OCR Frequently Asked Questions about Section 504 and the Education of Children with Disabilities, March 2009, Question 34; 42 USC 12101) If a temporary impairment is both transitory and minor, then the individual is not eligible for protection from discrimination on the basis of disability under the “regarded as” clause of the definition of disability under Section 504. Major Life Activities

Major life activities “include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.” (ADA Amendments Act of 2008 codified at 42 USC § 12102(2)(A)) Major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (ADA Amendments Act of 2008 codified at 42 USC § 12102(2)(B)) An activity or function not specifically codified in the ADAAA or listed in the Section 504 regulatory provisions may nonetheless constitute a major life activity. Tip: Do not limit eligibility analysis only to the major life activity of “learning.” SST/504 Teams must determine whether any major life activity is substantially limited. Considering “learning”

12

alone is not sufficient. If any major life activity is substantially limited by a mental or physical impairment, the student is eligible for Section 504 services and/or accommodations. Qualified

Section 504 states that:

No qualified [individual with a disability] shall, on the basis of [disability], be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. (34 CFR § 104.4(a) emphasis added.)

With respect to public preschool, elementary, secondary, or adult educational services, an individual with a disability is “qualified” if he/she is (1) of an age during which nondisabled individuals are provided educational services, or (2) of any age during which it is mandatory under state law to provide such services to disabled individuals; or (3) who is entitled to a free appropriate public education (FAPE) under the IDEA. (34 CFR 104.3(l)(2)) With respect to other services, an individual with a disability is “qualified” if he/she meets the essential eligibility requirements for the receipt of such services. (34 CFR 104.3(l)(4)) For a person to be covered under Section 504, the individual must be qualified, meaning that a person with a disability must be qualified to do something before the presence of a disability can be a factor in discrimination. Therefore, if a person wants to participate in some activity, but the individual is not qualified for that activity, not allowing the person to participate would not be considered discrimination. The following is an example of this: A 17 year old high school boy with ADHD tries out for the basketball team, but he does not demonstrate sufficient skills in passing, dribbling, and shooting the ball—all of which are required to be on the basketball team. The student will probably not make the team. This would not likely be considered discrimination under Section 504 because the student was not qualified to be on the team due to his lack of basketball skills. Has a Record of Such Impairment

Has a record of such impairment means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities. (34 Code of Federal Regulations Part 104.4) As noted above, having a record of such impairment—but not actually having such impairment—may allow a qualified individual to be eligible for protection from discrimination on the basis of disability under Section 504, but not for accommodations or services. Is Regarded as Having an Impairment

Is regarded as having an impairment means: (A) Has a physical or mental impairment that does not substantially limit major life

activities but that is treated by [a school district] as constituting such a limitation;

13

(B) Has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward such impairment; or

(C) Has none of the impairments as defined … but is treated by [a school district] as having such an impairment.”

(34 Code of Federal Regulations Part 104.3) As noted above, being “regarded as” having such impairment—but not actually having such impairment—may allow a qualified individual to be eligible for protection from discrimination on the basis of disability under Section 504, but not for services or accommodations. (See “Overview” section on page 4.) Timeline

While there are no specific timelines for completing the Section 504 Evaluation process, the evaluation must be completed within a reasonable period of time. Generally, it is not reasonable to exceed 60 days from the date of the written request for a Section 504 Evaluation, excluding school vacation or break days exceeding five days. If the request for a 504 evaluation is made orally and the individual making the request is unable to submit a written request, the Site Administrator or Site 504 Coordinator shall assist in the completion of a written request.

14

III. Requirements of Section 504 and ADA

Nondiscrimination Non-discrimination is one of two requirements of Section 504 and ADA. For example, students with disabilities should be allowed to participate in all activities that are available to students without disabilities. These include participation in the same academic curriculum as well as extracurricular activities. Students must have equal access to health services, athletics, clubs, employment, and field trips. When granting access to extracurricular activities, schools may use the qualified criteria. In other words, if a student with ADHD is not qualified to be a member of the swim team because of his lack of swimming skills, then the school is not discriminating against the student if the student is denied membership on the swim team. Section 504 and the ADA require that programs are physically accessible for persons with disabilities. For example, if a sophomore in high school who uses a wheelchair wants to take biology, the school cannot deny the student taking this course simply because the class is located on the second floor of an inaccessible building.

Free Appropriate Public Education Section 504 requires school districts to provide a free appropriate public education (FAPE) to each qualified student with a disability, regardless of the nature or severity of the student’s disability. (34 CFR § 104.33(a)) Under Section 504, FAPE may consist of either general or special education and related aids and services that are designed to meet the needs of the student with a disability as adequately as the needs of nondisabled peers are met. (34 CFR § 104.33(a)-(b)) Such services and aids are to be implemented by means of an appropriate document such as a 504 Plan. The Section 504 FAPE requirement is a matter of both substance and procedure. The provision of services and/or accommodations under Section 504 is limited to students who are found, as a result of an evaluation, to actually have such an impairment, in which case a 504 Plan will be developed if needed, to provide appropriate accommodations and/or services designed to meet the individual educational needs of persons with disabilities as adequately as the needs of non-disabled persons are met. (34 CFR § 104.33(a)-(b))

Least Restrictive Environment In addition, Section 504 has a least restrictive environment (LRE) requirement, whereby a school district must:

15

“[P]rovide for the education of each [student with a disability] in its jurisdiction with [non-disabled] persons . . . to the maximum extent appropriate to the needs of the [person with a disability]. A school district shall place a [student with a disability] in the regular educational environment . . . unless it is demonstrated by the school district that the education of the [student with a disability] in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily . . .” (34 CFR § 104.34(a))

16

IV. Administrative Regulations

Purpose and Responsibility SFUSD does not discriminate on the basis of disability. It is the intent of the San Francisco Unified School District to identify, evaluate and provide a free appropriate education to each eligible student with a disability within its jurisdiction regardless of the nature or severity of the disability. It is the further intent of the District to ensure that students who are disabled within the meaning of Section 504 of the Rehabilitation Act of 1973 (Section 504) are identified, evaluated and provided with the appropriate accommodations, related aids and/or services that are designed to meet the needs of each disabled person as adequately as the needs of non-disabled persons.

School Site 504 Coordinator Each school must have a designated School Site Section 504 coordinator. The role and responsibilities of the Site 504 coordinator are to:

Educate school staff about Section 504 and keep them informed about any changes in eligibility criteria and district procedures.

Distribute and review all materials related to Section 504.

Work with SST committee to review data and determine those students that may be considered for Section 504 Plan evaluation within the multi-tiered system of supports. Ensure that parent/guardian signs a “Parent Consent for Section 504 Evaluation” (504-1) and receives the “Notice of Parent/Guardian and Student Rights” (504-2).

Serve as a resource to Section 504 team members responsible for conducting the evaluation and collection of relevant reports and data.

Support Section 504 team members in organizing and conducting an Eligibility Determination meeting that is composed of persons knowledgeable about the student, the meaning of evaluation data, and placement/service options. Send the “Parent Guardian Invitation to Section 504 Meeting”. Ensure that appropriate documents are utilized (most up-to-date forms are at www.healthiersf.org/Programs/SHP/Section%20504/forms.php).

Provide consultation to 504 team members about reasonable accommodations and appropriate services if a student is eligible for a Section 504 Plan.

Distribute copies of completed Section 504 Plan: o Teachers and school staff who work with the student o Copy of the Section 504 Plan in the student’s cumulative file

17

o Copy to District 504 Coordinator, School Health Programs, 1515 Quintara St., SF, CA 94116.

Monitor all students with Section 504 Plans at the site to ensure implementation of accommodations and services.

Make certain that Section 504 plans are reviewed annually or sooner, if needed. When a student with a Section 504 plan is due for a triennial re-evaluation, arrange for that re-evaluation.

The District 504 Coordinator(s) serve as a primary resource for Site 504 Coordinators. As noted, the District 504 Coordinator(s), or other personnel as deemed appropriate, may participate as members of the school site 504 Team to evaluate the student for 504 eligibility, and if eligible, to help develop an appropriate accommodation/service plan under Section 504.

District 504 Coordinator The District 504 Coordinator(s) serve as a primary resource for 504 issues district-wide, and for Site 504 Coordinators. The District 504 Coordinator(s), or other personnel as appropriate, may participate as members of the school site SST/504 Team to evaluate the student for 504 eligibility, and if eligible, to help develop an appropriate Section 504 Plan. The District 504 Coordinator(s) are also responsible for coordinating compliance with Section 504 and the ADA, reviewing and responding to complaints, helping to maintain documentation and compliance with 504 plans, and working with school staff to secure accommodations and/or services to meet the individual needs of students with disabilities.

504 Identification and Referral Procedures

1. Any student who needs or is believed to need general or special education and related aids and services pursuant to Section 504 because of a disability or suspected disability, may be referred by a parent/guardian, teacher or other staff member, or by a community agency for evaluation for eligibility for accommodations/services under Section 504, to be determined by the school site Student Study Team/504 Team (SST/504 Team).

[NOTE: Assessment for special education services under the IDEA (resulting in an IEP if eligible) occur under a separate and different process. If parent/guardian requests an IDEA special education assessment, school staff must make this referral without delay to the school psychologist or speech-language pathologist depending upon the suspected disability.

2. The following should trigger consideration for Section 504 evaluation in the SST process.

Student who is being considered for retention

Student with frequent behavior issues that interfere with access to education

18

Student with chronic absenteeism

Student with chronic and/or life-threatening medical condition

Student with possible emotional or social issues as noted by school staff or parent/guardian

Student who repeatedly receives failing grades

Student returning to school after hospitalization for illness, injury, and/or drug or alcohol treatment

3. The SST Team may, with parent/guardian participation, determine that the

student’s needs may be able to be met through SST supports/accommodations as long as a disability is not suspected. In this case, an SST action plan of supports and/or accommodations should be developed without delay and tried for 4-6 weeks. If the SST plan is successful and student’s needs are being met, the SST plan may continue. If the SST plan is not successful, the 504 Team should proceed with a 504 evaluation.

4. If at any time the parent/guardian would like to proceed with 504 eligibility, or if a disability is suspected, the 504 Team should schedule an eligibility meeting.

5. The 504 Team is responsible for eligibility determination and must be composed of

persons knowledgeable about the student, the meaning of evaluation data, and placement/service options. Parent/guardian must be provided with the opportunity to participate and review student records.

a. In preparation for the 504 meeting, the Site 504 Coordinator will help complete the “Parent Consent for Section 504 Evaluation” (Appendix 504-1).

b. The Site 504 Coordinator, with assistance of other SST/504 team members, will

collect existing evaluation data, including standardized tests, reports cards, teacher observations, attendance records, medical records, discipline referrals, outside evaluations and any and all information submitted by parent/guardian.

c. The District 504 Coordinator(s) are available to provide consultation to the Site

504 Coordinator. The District 504 Coordinator(s) may advise additional personnel, such as the school psychologist, speech therapist, school social worker or school district nurse, and be a part of the 504 Team in specific cases to ensure that the team is comprised of persons with the knowledge required by law.

6. The 504 Team will consider the referral and, based upon a review of the student’s

school records (including academic, social, and behavioral records), assessment data, input and participation from the parent/guardian, and the student’s current documented needs, make a determination as to whether the student is eligible for Section 504 services/accommodations as a student with a disability within the meaning of Section 504.

19

a. If the 504 Team believes further assessment is needed to inform the 504 evaluation, it may make a referral for such assessment, and the 504 Team will reconvene once the results are available for the team to consider in its evaluation of the student’s eligibility for Section 504 services and/or accommodations.

b. During the 504 meeting, if the 504 Team comes to believe, upon a review of the

information and data before it, that the team does not currently have the information or the expertise necessary to make the eligibility determination at that meeting, the 504 Team should note this in the meeting notes, and should schedule a second meeting for this purpose as soon as possible.

7. If the 504 Team determines that the student is eligible for Section 504 accommodations

and/or services, the Team must develop a 504 Plan designed to meet the needs of the student with a disability as adequately as the needs of a non-disabled peer are met.

8. If the 504 Team determines that the student is not eligible for Section 504

accommodations and/or services, the parent/guardian must be provided with written documentation of this decision (Section 504 Eligibility Determination form – Form 504-4). The parent/guardian shall have the right to a Review Hearing as to SST/504 Team decisions concerning the identification, evaluation, or educational placement of the student. Parent/guardians must request this review in writing within thirty calendar days of the date of notification of the District decision at issue.

20

504 Evaluation The evaluation of students within the meaning of Section 504 and formulation of a plan for services will be carried out by the 504 Team according to the following procedures:

1. The 504 Team will consist of a group of persons including persons knowledgeable about the child, about the meaning of evaluation data, and about placement/services options. Parent/guardian will have opportunity to participate and provide input. The 504 Team will document and consider a variety of sources to evaluate whether student has a mental or physical impairment that substantially limits one or more major life activities. The 504 Team must obtain signed, written parent/guardian consent before an initial evaluation is conducted. Parent/guardian refusal to provide consent should be documented and stored in the student’s cumulative folder. (If a parent/ guardian refuses to consent to an initial evaluation under Section 504, the district may, but is not obligated to, file for a due process hearing to conduct the evaluation in the absence of consent. OCR Senior Staff Memorandum, 19 IDELR 895 (OCR 1992).) (Written parent/guardian consent is not required for re-evaluation.)

2. The evaluation conducted by the 504 Team will comply with the requirements of 34

C.F.R. Sec. 104.35 (a) (b), as follows: The evaluation will draw from a variety of sources. All information will be documented and carefully considered. All placement/services determinations will be made by an appropriately constituted 504 Team, as above. The determination must be made within a reasonable period of time.

The 504 Team must complete the Section 504 Eligibility Review and Determination Form (Form 504-3/4) in order to determine eligibility for Section 504 accommodations and/or services.

3. The eligibility determination will be made by the 504 Team as above. If the student is

found eligible, the team will develop a 504 Plan as appropriate to meet the student’s needs as adequately as a non-disabled peer’s needs are met. If the student is found ineligible, this is documented on the Eligibility Review and Determination form (504-3/4), and parent/guardian will be provided with “Notice of Parent/Guardian Rights” including information on how to request a District 504 Review Hearing if the parent/guardian disagrees with the determination.

21

504 Plan for Services

1. For the student who has been found eligible by 504 Team as a qualified disabled student within the meaning of Section 504, the 504 Team shall be responsible for developing a Section 504 Plan (Form 504-4) of services and/or accommodations to meet the needs of the student with a disability as adequately as a non-disabled peer’s needs are met, thus providing the student with a disability access to a free appropriate public education under Section 504.

2. The parent/guardian must be invited to participate in the 504 Team meeting where

services and accommodations for the student will be determined. Provide parent/guardian with a copy of the “Notice of Parent/Guardian and Student Rights” and keep a signed copy for the file. (Form 504-2).

3. A copy of the student’s 504 Plan shall be maintained in the student’s cumulative file.

The student’s teachers, aides, and other school employees who provide accommodations and/or services to the student shall have access to the plan to the extent that any of these individual(s) needs to be informed in order to provide for the student in the school setting. A copy of the 504 Plan should be given to the parent/guardian. A copy must also be forwarded the District Section 504 Coordinator, Student, Family and Community Support Department, School Health Programs, 1515 Quintara St., San Francisco, 94116.

4. In all cases, a student with a disability shall be placed in the least restrictive

environment with the use of reasonable accommodations and/or services, unless the District demonstrates that such a placement cannot be achieved satisfactorily. The student with a disability shall be educated with those who are not disabled to the maximum extent appropriate to the individual needs of the student.

Review of Student Progress

1. The Site 504 Coordinator, along with the 504 Team will review all 504 plans at the start of the each school year with the student’s teacher(s) and revise as needed. Parents/guardians should be invited to this annual meeting. The Section 504 Review Form (504-5) must be completed and signed, placed in the student’s cumulative file and a copy sent to the District 504 Coordinator. Every student with a 504 plan will be re-evaluated triennially to determine whether the student continues to be eligible for Section 504 services and whether the accommodations/services are appropriate and the disabled student’s needs are being met as adequately as the needs of the non-disabled students are met. The 504 Team may also be convened as needed, and/or at parent/guardian request to determine whether the accommodations /services are appropriate.

2. Prior to any significant change in placement, an evaluation of the student’s needs

must be conducted. (Suspension beyond 10 school days in one school year, and

22

expulsion, constitute a “significant change of placement” and thus require an evaluation prior to any such change. In this circumstance, a Manifestation Determination meeting must be held, and this will constitute an evaluation for purposes of the requirement for an evaluation.) See Discipline and Section 504 for more information. (This does not rule out the possibility that additional evaluation may be appropriate depending on the circumstances.)

Notification to Parents/Guardians of Procedural Rights under Section 504

The Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a non-discrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students.

An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having, a physical or mental impairment which substantially limits a major life activity such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks.

Dual Eligibility: Many students will be eligible for educational services under both Section 504 and the Individuals with Disabilities Education Act (IDEA). Students who are eligible under the IDEA have many specific rights that are not available to students who are eligible solely under Section 504. A Notice of Procedural Safeguards under the IDEA is available at: http://www.cde.ca.gov/sp/se/qa/pseng.asp. It is the purpose of this Notice form to set out the rights assured by Section 504 to those disabled students who do not qualify under the IDEA.

Federal laws and regulations provide parent(s)/guardian(s) and students with the following rights:

1. Parents/Guardians/Students have the right to be informed by the school district of their rights under Section 504 and the Americans with Disabilities Act. (The purpose of this Notice form is to advise you of those rights.)

2. Have your child take part in, and receive benefits from public education programs without

discrimination because of his/her disabling condition.

3. Your child has the right to a free appropriate public education designed to meet his or her individual needs as adequately as the needs of non-disabled students are met. This includes the rights to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the district make reasonable accommodations to allow your child an equal opportunity to participate in school and school related activities.

4. Your child has the right to free educational services except for those fees that are imposed

on non-disabled students or their parents. Insurers and similar third parties are not

23

relieved from an otherwise valid obligation to provide or pay for services provided to disabled students.

5. Your child has a right to facilities, services, and activities that are comparable to those

provided for non-disabled students.

6. Your child has a right to an evaluation prior to an initial 504 placement and any subsequent significant change in placement. Parent/guardian signed written consent shall be obtained prior to the initial evaluation of a student.

7. Your child has the right to an equal opportunity to participate in nonacademic or

extracurricular activities offered by the school.

8. Testing and other evaluation procedures must conform to the requirements of 34 CFR 104.35 as to validation, administration, areas of evaluation, etc. The district shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background and adaptive behavior, physical or medical reports, student grades, progress reports, parent observations, anecdotal reports, and SST referrals, as appropriate.

9. Placement decisions must be made by a group of persons (i.e., the Section 504 Team)

including persons knowledgeable about your child, the meaning of evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities.

10. If eligible under 504, your child has a right to periodic reevaluations, generally every three

years.

11. You have the right to notice prior to any action by the district in regard to the identification, evaluation, or placement of your child.

12. You have the right to examine relevant records.

13. You have the right to request an impartial hearing with respect to the district’s actions

regarding your child’s identification, evaluation, or educational placement, which must include the opportunity for participation by you as parent or guardian, the opportunity for representation by legal counsel, and a review procedure.

14. If you wish to challenge the actions of the 504 Team in regard to your child’s identification,

evaluation, or educational placement, you should file a written grievance with your School Site Section 504 Coordinator or the District 504 Coordinator, School Health Programs, 1515 Quintara St., S.F., 94116, within six months from the time you receive written notice of the 504 Team determination/action that is at issue. Extensions may be granted upon a showing that the person was prevented from filing as result of his/her disability or if the delay was caused by the District.

24

15. On 504/ADA matters other than your child’s identification, evaluation, and placement you

have a right to file a complaint directly with SFUSD Office of Equity Assurance, 555 Franklin Street, San Francisco, CA 94102. The office will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.

16. You also have a right to file a complaint with the Office of Civil Rights. The address of the

Regional Office for California is:

U.S. Department of Education Office of Civil Rights

50 United Nations Plaza San Francisco, CA 94105

Telephone (415) 486-5555 Fax (415) 486-5570

Email: OCR.SanFrancisco@ed.gov

25

V. Using the Section 504 Process Flow Chart and Related Forms

The flow chart on the following page outlines the Section 504 process. The current forms for use in the Section 504 evaluation process in SFUSD can be found at http://www.healthiersf.org/Programs/SHP/Section%20504/forms.php

1. Either the parent/guardian or school staff will submit a request to the school SST/SAP team for assistance.

2. The SST team with parent/guardian participation will determine whether the student’s needs may be met through an SST accommodation/modification plan.

a. If so, a SST plan should be developed and implemented for 4-6 weeks.

b. If not, the student should be referred for 504 evaluation without delay. (See number 4 below.)

3. After 4-6 weeks, the SST Team will promptly assess whether the SST plan is meeting the student’s needs.

a. If the SST plan is found to be meeting the student’s needs, the SST plan should be continued, and the SST Team with parent/guardian participation may decide not to pursue a 504 evaluation.

b. If the SST plan is found not to be meeting the student’s needs, the SST Team with parent/guardian participation may implement other supports or decide to pursue a 504 evaluation if the student is suspected of having an impairment that substantially limits a major life activity.

4. The Site 504 Coordinator will help obtain parent/guardian signed consent for initial 504 evaluation (504-1), and gather documentation such as student records, existing evaluation data, teacher observations, and any and all information submitted by parent/guardian.

The 504 Team must conduct the 504 evaluation; the team must consist of a group of persons that includes people with knowledge of the student, of evaluation data, and of placement/service options. The 504 Team must complete the Section 504 Review and Eligibility Determination Form in order to determine eligibility for Section 504 accommodations and/or services. (504-3/4)

5. The Site 504 Coordinator can consult with the District 504 Coordinator(s) to determine, given the issues raised and information presented, whether the 504 Team may need further expertise to have a properly-constituted group making the eligibility determination. In such case, the District 504 Coordinator(s) will advise as to what additional staff may be needed (school psychologist, speech-language pathologist, teacher of the visually impaired, school district nurse, etc.).

6. The Site 504 Coordinator will notify and invite parent/guardian to participate in the 504 meeting to evaluate 504 eligibility.

26

7. The 504 Team, with parent/guardian participation, will consider a variety of sources for evaluation. If the 504 Team believes further assessment is necessary to determine 504 eligibility, the group may make a referral for this purpose. If so, a subsequent 504 meeting will need to be rescheduled, to review the results of that assessment, and make a determination as to eligibility.

[Note: If during the 504 process, parent/guardian requests an assessment for special education services under the IDEA (resulting in an IEP if eligible), school site staff must make the referral without delay. Assessment for special education services under the IDEA is a separate and different process.]

8. If, after evaluating the student for 504 eligibility, the 504 Team determines that the student is not eligible for Section 504 services and/or accommodations, Site 504 Coordinator will provide written notice of this determination on the 504 Eligibility Determination form to parent/guardian along with a copy of parent/guardian rights; place a copy of the form in the student’s cumulative file; and mail a copy to: District 504 Coordinator, Student, Family and Community Support Department, School Health Programs, 1515 Quintara St., SF, CA 94116. Parent/guardian may request a review hearing.

9. If, after evaluating the student for Section 504 eligibility using the Section 504 Evaluation Review Form, the 504 Team determines that the student is eligible for Section 504 services and/or accommodations, the team will proceed to develop an appropriate 504 Plan, or schedule a subsequent meeting to do so.

10. If a subsequent meeting is scheduled for this purpose, school staff will send the “Parent/Guardian Invitation to Section 504 Meeting” and “Notice of Parent and Student Rights” (Form 504-2) to the parent/guardian.

11. Based on information and data from a variety of sources such as student records; observations by staff, parent, and by student if appropriate; assessments; reports; medical information, etc., the group will develop a Section 504 Accommodation/Service Plan (Form 504-3/4) to meet the needs of the student with a disability as adequately as the needs of a non-disabled peer are met.

12. The Site 504 Coordinator will notify the student’s teacher(s) and other school staff as needed of the 504 Plan. Staff has a legal obligation to carry out the 504 Plan in full.

13. Site 504 Coordinator must place a copy of the signed 504 plan in the cum folder, give a copy to the teacher(s) and to parent/guardian, and send a copy to the District 504 Coordinator, Student, Family and Community Support Department, School Health Programs, 1515 Quintara St., San Francisco, CA 94116.

14. Site 504 Teams must review students’ 504 plans on a yearly basis, and revise as needed. The Section 504 Review Form (504-5) should be completed. The completed form should be placed in the cumulative file and a copy sent to the above address. A student’s 504 plan may be reviewed and revised sooner, if needed.

15. Eligibility must be re-evaluated every three years.

27

16. A re-evaluation of the student's needs must also be conducted before any subsequent “significant change in placement.” Examples of a "significant change in placement" triggering a re-evaluation include, but are not limited to, expulsions, suspensions that exceed more than 10 school days within a school year, or removal from a fully integrated curriculum to a resource room, home instruction, independent study, or continuation school. See Discipline and Section 504 below.

17. The District 504 Coordinator(s) will help maintain documentation and monitor compliance.

27

SECTION 504 PROCESS FLOWCHART

504 TEAM DETERMINES STUDENT IS ELIGIBLE FOR 504 PLAN

1. Copy of Parent and Student Rights (504-2) are given to parent/guardian

2. Section 504 Team creates 504 Plan (504-4) with participation of parent/guardian, teachers, and other school staff involved with the student

3. 504 Plan is completed and signed by all present team members and copy is given to parent/guardian

4. 504 Plan is given to appropriate staff 5. 504 Plan is placed in student’s cumulative folder 6. 504 Plan is uploaded into Synergy by 504 Site Coordinator 7. 504 Plan (forms include 504-1 – 504-4) is sent to:

School Health Programs, 1515 Quintara SF, CA 94116 ATTN: District 504 Coordinator 504 TEAM DETERMINES STUDENT IS INELIGIBLE FOR

504 PLAN 1. Copy of Parent and Student Rights (504-2) are given

to parent/guardian 2. 504 Process ends 3. Written notice of ineligibility is provided to

parent/guardian 4. Place a copy of notice in cumulative folder

Submit a copy of (504-3 – 504-4) to: School Health Programs, 1515 Quintara SF, CA 94116 ATTN: District 504 Coordinator

5. Parent/guardian may request a review hearing

STUDENT ASSISTANCE PROGRAM (SAP) TRIAGES REFERRAL Considerations:

PBIS Classroom (Expectations posted and Reinforcement System in place, Visual Schedule posted, SEL taught weekly, 5:1…)

Tier 2 interventions considered (Student Intervention Matching (SIM) form drives specific intervention, Research-based intervention implemented, monitored and data collected)

Student Success Team (SST) Meeting

504 MEETING PREPARATION 1. Parent/Guardian signs Section 504 Parent Consent Form

(504-1) 2. Complete Section 504 Eligibility Review (504-3) before

Section 504 Meeting A. Physical Health

a) Records Review b) Consult with doctor/s c) Invite School District Nurse to 504 Meeting

B. Mental Health (Behavioral) a) Records Review b) Include behavioral assessments and diagnosis

(from outside provider) if available c) If no diagnosis is available then complete: a. Health and Developmental History Form,

(504-6) b. Behavioral Observation d) Consult with School Psychologist and obtain

recommendation/s 3. Send Section 504 Meeting invitation to Parent Guardian

YES

SAP/SST/TIER 1 and TIER 2 INTERVENTIONS Considerations: Continue to strengthen Tier 1 (Classroom Supports) Continue to implement Tier 2 interventions

SST/TIER 2 INTERVENTIONS Considerations: Continue to implement Tier 2 interventions with

fidelity and collect data Hold SST Meeting/s 6-8 weeks apart Hold 2 or more SSTs before considering a 504 Plan Make request for Environmental Observation

through Pupil Services (Zen Desk)

STUDENT NEEDS IMMEDIATE 504 EVALUATION (EX: Student is suspected of having a disability)

If student is not suspected of having a disability, then follow SAP/SST/TIER 1 and TIER 2

INTERVENTIONS

IF A DISABILITY IS SUSPECTED: REFER TO SECTION 504

NO

IF NO DISABILITY IS SUSPECTED: CONTINUE SST PROCESS

SECTION 504: FURTHER CONSIDERATIONS 1. Contact District 504 Coordinator if student is requiring

frequent crisis response from school staff 2. Review feedback from Environmental Observation done

by Pupil Services Safe and Supportive Schools Coach to ensure Tier 1 supports are firmly in place

3. 504 District Coordinator MUST be contacted when 504 student’s needs exceed capability of school site to support

SECTION 504 TEAM MEETING: DETERMINES STUDENT ELIGIBILITY FOR SECTION

504 ACCOMMODATIONS AND SERVICES

28

VI. Sample 504/ADA Accommodations

Numerous accommodations and modifications are available for students with disabilities under Section 504 and ADA. An accommodation is an adaptation or adjustment that is supplied for convenience or because it is needed. A modification is making or offering a limited or minor change that results in altering the original standards. Focusing on the student’s specific, identified educational needs will help the 504 Team select the appropriate accommodations/modifications for that particular student, while avoiding others that are not necessary for FAPE under 504. The goal of FAPE under 504 is to meet the student’s educational needs as adequately as the needs of a non-disabled student are met. Where the student’s needs are complex, and numerous accommodations and modifications are necessary to meet those needs, the Team must take care to select the appropriate ones, and ensure that they are implemented. It is important to keep in mind that more is not necessarily better. Selecting every possible accommodation, for example, may be done with the best intentions of helping the student. However, the use of accommodations or modifications that are not necessary to meet a student’s identified needs may inhibit the development of the student’s independence. In addition, it may be cumbersome to implement. The 504 Team should gather input from classroom teachers about accommodations, carefully consider evaluation data, thoughtfully deliberate about which accommodations and/or modification will be required, and monitor teacher reports after the 504 Plan is created. These efforts will help the Team keep accommodations limited to what is necessary, and help ensure that over-accommodation does not result in a denial of FAPE under 504. The following is a list of common strategies that 504 Teams can use as a resource in developing an appropriate plan for a particular student.

Accommodations to the physical environment Seat the student near the teacher.

Seat the student near someone who will be helpful and understanding.

Seat the student in an area free from distraction.

Seat the student out of main traffic area.

Provide more space for the student to store and use various instructional aids and equipment.

Allow the student additional break or rest times.

Establish and use learning centers.

Arrange classroom to facilitate small group, large group, and peer learning opportunities.

Ensure proper desk height and seating comfort.

Ensure proper lighting.

29

Ensure that various materials, supplies, and room composition do not result in allergic reactions by student.

Ask parents to structure study time. Give them information about long-term assignments.

Encourage teacher to move around the classroom for proximity control.

Accommodations for Organization Help student use an assignment notebook or monthly calendar.

Allow additional time to complete tasks/take tests.

Help student organize notebook or provide a folder to organize work.

Help student set time limits for assignment completion; structure is important.

Help student set up timeline for completion of long assignments.

Question student to help focus on important information.

Help highlight the main concepts in student’s books.

Ask student to repeat directions before beginning tasks.

Accommodations to Instructional Materials Use large print materials for low vision students.

Use Braille for students who cannot read print.

Use high interest, low vocabulary reading materials.

Allow student to highlight texts and show how to do it.

Use multi-sensory materials.

Allow tape-recorded materials.

Allow student to use calculator.

Use concrete manipulative materials.

Provide student with advance organizers.

Provide student with advance lecture outline.

Provide students with lecture notes.

Have spell-check capabilities available for student.

Provide student with pretest questions.

Accommodations during Testing Allow student to take tests orally.

Allow student to use a scribe during testing.

Allow student more time during testing.

Allow student to break tests into shorter testing sections.

Allow student to use spell check or dictionary.

Allow student to tape record answers.

Allow student to provide answers orally.

Use different test formats (essay, short answer, objective).

Shorten length of test.

Use simple directions.

30

Use instructional aides to facilitate testing.

Allow student to take test in a quiet area.

Accommodations to Instructional Method and Presentation Use peer tutoring

Use peer buddies

Provide note-takers

Use graphic organizers

Use study guides

Allow student to use tape recorder

Use multi-sensory instructional materials

Use audio-visual resources

Use computer and computer programs

Use simple directions

Provide short term feedback for students

Teach and reinforce study skills

Break long assignments into multiple, short assignments to facilitate closer monitoring and feedback

Provide extensive feedback and monitoring

Use culturally sensitive materials

Use low vocabulary/high interest materials

Use flexible homework criteria for different students

Use a homework assignment book

Use materials that are age and developmentally appropriate

Provide photocopies of teacher’s notes

Stress auditory, visual, kinesthetic mode of presentation

Recap or summarize the main ideas of the lecture

Use verbal cues to help student organize notes such as “The next important step is…”

Avoid embarrassing student by requiring him/her to read orally in class (unless student can be successful).

Encourage student to ask for assistance when needed.

Be aware of possible frustrations.

Reinforce appropriate participation in class.

Use nonverbal communication to reinforce appropriate behavior.

Develop and maintain regular school-home communication.

Encourage development and sharing of special interests.

Use memory devices to help student remember facts and concepts.

Accommodations to Curriculum Help provide supplementary materials that student can read.

Provide partial outlines of chapters, study guides, and testing outlines.

Provide opportunities for extra drill before tests.

31

Reduce quantity of materials. (Shorten spelling and vocabulary lists.)

Provide alternative assignments that don’t require writing.

Allow student to print.

Supply student with samples or work expected.

Encourage good quality of work and not quantity.

Use worksheets that are visually clear and adequately spaced.

Allow student to have sample tests.

Give oral quizzes.

Provide extra assignments/test time if necessary.

Make sure assignments are started correctly in class.

Accommodations to Homework Give student more time to complete homework

Allow student to complete assignments using a tape recorder

Modify the amount of homework.

Tape -record the homework assignment for the student.

Write the homework assignment on the board for the student.

Use a homework assignment notebook to communicate with the parents.

Repeat homework assignments.

Use variable grading scales.

Give homework assignment for one week at a time rather than one day at a time.

Use peer grading in homework assignments.

Use peer buddies in homework assignments.

Accommodations Addressing Specific Behaviors Listed below are examples of accommodation for particular behaviors that schools may wish to use in developing a plan to address a student’s needs.

When You See This Behavior Consider This Accommodation

1. Difficulty following a plan (has high aspirations, but lacks follow-through) set out to get straight A’s, end up with F (sets unrealistic goals).

Assist student in setting long-range goals; break the goal into realistic parts.

Use a questioning strategy with the student: ask, “What do you need to be able to do this?” Keep asking that question until the student has reached an obtainable goal.

Have student set clear timelines, and establish how much time he or she needs to accomplish each step. (Monitor student’s progress frequently).

32

When You See This Behavior Consider This Accommodation

2. Difficulty sequencing and completing steps to accomplish specific tasks (e.g., writing book reports, term papers, organized paragraphs, solving division problems).

Break up task into workable and manageable steps.

Provide examples and specific steps to accomplish task.

3. Shifting from one uncompleted activity to another without closure.

Define the requirements of a completed activity (e.g., your math is finished when all six problems are completed and corrected; do not begin on the next task until the first task is finished)

4. Difficulty following through on instructions from others.

Gain student’s attention before giving directions. Use alerting cues. Accompanying oral directions with written directions.

Give one direction at a time. Quietly repeat direction to the student after they have been given to the rest of the class. Verify understanding by having the student repeat the direction.

Do not present the command as a question or favor.

Place general methods of operations and expectations on charts displayed around the room and/or sheets to be included in the student’s notebook.

Make work cards.

5. Difficulty prioritizing from most to least important.

Prioritize assignments and activities.

Provide a model to help students. Post the model and refer to it often.

6. Difficulty sustaining effort and accuracy over time.

Reduce assignment length and strive for quality (rather than quantity).

Increase the frequency of positive reinforcements (catch the student doing right and let him/her know it).

7. Difficulty completing assignments.

List and/or post (and say) all steps necessary to complete each assignment.

Reduce the assignment into manageable sections with specific due dates.

Make frequent checks for work assignment completion.

Arrange for the student to have the phone number of a “study buddy” in each subject area.

33

When You See This Behavior Consider This Accommodation

8. Difficulty with any task that requires memory.

Combine seeing, saying, writing, and doing; student may need to sub-vocalize to remember.

Teach memory techniques as a study strategy (e.g., mnemonics, visualization, oral rehearsal, numerous repetitions)

9. Difficulty with test taking. Allow extra time for testing; teach test-taking skills and strategies; allow student to be tested orally. Use clear, readable, and uncluttered test forms. Use a test format that the student is most comfortable with. Allow ample space for student response. Consider having short answer tests.

10. Confusion from non-verbal cues (misreads body language, etc.)

Directly teach (tell the student) what non-verbal cues mean. Model and have student practice reading cues in safe setting.

11. Confusion from written material (difficulty finding main idea from a paragraph, attributes greater importance to minor details).

Provide student with copy of reading material with main ideas underlined or highlighted.

Provide an outline of important points from reading material.

Teach outlining, main idea/details concepts.

Provide tape of text/chapter.

12. Confusion from spoken material, lectures and audiovisual material (difficulty finding main idea from presentation, attributes too much importance to minor details).

Provide student with a copy of presentation notes.

Allow peers to share copies of notes from presentation. (Have student compare own notes with copy of peer’s notes).

Provide framed outlines of presentations (introducing visual and auditory cues to important information).

Encourage use of tape recorder.

Teach and emphasize key words (the following, the most important point, etc.)

13. Difficulty sustaining attention to tasks or other activities (easily distracted by extraneous stimuli).

Reward attention. Break up activities into small units. Reward for timely accomplishments.

Use physical proximity and touch. Use earphones and/or study carrels, quiet place or preferential seating.

34

When You See This Behavior Consider This Accommodation

14. Frequent messiness or sloppiness.

Teach organizational skills. Be sure student has daily, weekly, and monthly assignment sheets: list of materials needed daily; and consistent format for papers. Have a consistent way for students to turn in and receive back papers. Reduce distractions.

Give reward points for notebook checks and proper paper format.

Provide clear copies of worksheets and handouts and consistent format for worksheets. Establish daily routine; provide models for what you want the student to do.

Arrange for peer who will help him/her with organization.

Assist student to keep materials in a specific place (e.g., pencils and pen in pouch).

Be willing to repeat instruction.

15. Poor handwriting (often mixing cursive with manuscript and capitals lower-case letter).

Allow for scribe and grade content, not handwriting. Allow for use of computer.

Consider alternative methods for student response (e.g., tape recorder, oral reports).

Do not penalize student for mixing cursive and manuscript (accept any method of production).

16. Difficulty with fluency in handwriting (e.g., good letter/work production but very slow and laborious).

Allow for shorter assignments. (Emphasize quality over quantity).

Allow alternate method of production (computer, scribe, oral presentations, etc.)

17. Inappropriate responses in class often blurted out answers given to the questions before they have been completed.

Seat student in close proximity to teachers so that the teachers can do visual and physical monitoring of student behavior.

State behavior that you do want (tell the student how you expect him/her to behave).

18. Agitation under pressure and competition (athletic or academic).

Stress effort and enjoyment for self, rather than competition with others.

Minimize timed activities; structure class for team effort and cooperation.

19. Inappropriate behaviors in a team or large group sport or athletic activity (difficulty waiting turn in games or group situations).

Give the student a responsible job (e.g., team captain, care and distribution of the balls, score-keeping); consider leadership role.

Have student in close proximity to teacher.

35

When You See This Behavior Consider This Accommodation

20. Frequent involvement in physically dangerous activities without considering possible consequences.

Anticipate dangerous situations and plan in advance.

Stress Stop-Look-Listen.

Pair with responsible peer. (Rotate responsible students so that they don’t burn out).

21. Poor adult interactions; defies authority; manipulates (passive); hangs on.

Provide positive attention.

Talk with student individually about the inappropriate behavior (a better way of getting what you need or want is…).

22. Frequent self-put-downs, poor personal care and posture, negative comments about self and others, low self-esteem.

Structure for success. Train student for self-monitoring, reinforce improvements, teach self-questioning strategies (What am I doing? How is that going to affect others?)

Allow opportunities for the student to show his/her strengths.

Give positive recognition.

Remain calm, state infraction of rule, and don’t debate or argue with student.

Have a pre-established consequence for misbehavior.

Administer consequences immediately and monitor proper behavior frequently.

Enforce rules of the classroom consistently.

Design discipline to “fit the crime,” without harshness.

Avoid ridicule and criticism. Remember ADHD children have difficulty staying in control.

Avoid publicly reminding students on medication to “take their medicine.”

Reward more than you punish in order to build self-esteem.

Praise all good behavior immediately.

Change rewards if not effective in motivating behavioral change.

Find a way to encourage the child.

Teach the child to reward him/herself. Encourage positive self-talk (e.g. “You did very well remaining in your seat today. How do you feel about that?”). This encourages the child to think positively about him/herself.

36

When You See This Behavior Consider This Accommodation

23. Difficulty using unstructured time, recess, hallways, lunchroom, locker room, library and assembly.

Provide student with a definite purpose during unstructured activities. (e.g. “The purpose of going to the library is to check out…; The purpose of…is…”)

Encourage group games and participation (organized school clubs and activities).

24. Losing things necessary for task or activities at school or at home (e.g., pencils, books, assignments before, during, and after completion of a given task).

Help students organize. Frequently monitor notebook and dividers, pencil pouch, locker, book bag, desks. (Emphasize a place for everything and everything in its place.)

Provide positive reinforcement for good organization. Provide student with a list of needed materials and their locations.

25. Poor use of time (sitting, staring off into space, doodling, not working on task at hand).

Teach reminder cues (a gentle touch on the shoulder, hand signal, etc.).

Tell the student your expectations of what paying attention looks like. (e.g. You look like you are paying attention when…)

Give the student a time limit for a small unit of work with positive reinforcement for accurate completion.

Use a contact, time, etc., for self-monitoring.

37

VII. Discipline and Section 504 Overview Students served under Section 504 are treated similarly to students served under IDEA with respect to discipline. School rules and standards apply to disabled students as they apply to non-disabled students. However, under Section 504 and/or the IDEA, certain procedural safeguards apply when it comes to discipline for a student with a disability.

Questions and Answers The following summarizes some important considerations when addressing discipline for a violation of a school code of conduct and students protected by Section 504 and/or the IDEA. (The same policies and procedures relating to discipline of students with IEPs under the IDEA may be applied to students with 504 Plans.)

Disciplinary procedures for students under Section 504 are similar to those under IDEA. Following the disciplinary procedures that apply to students with IEP’s under the IDEA helps to ensure that a student with a 504 Plan is afforded the appropriate procedural safeguards under Section 504.

Students may not be suspended for more than 5 consecutive school days.

If the decision to suspend the student means that the student will have more than 10 consecutive days or the student is subjected to a series of removals that constitute a pattern because they accumulate to more than 10 school days of suspension in a school year, this will constitute a “significant change in placement” under Section 504, which triggers procedural safeguards.

A manifestation determination must be conducted as required by law.

For example, the decision to refer for expulsion is a decision to remove the student for more than 10 consecutive or cumulative school days during the school year.

A manifestation determination must be held within 10 school days of the decision to refer for expulsion.

Manifestation Determination Process

a. As a first step in the manifestation determination process, the school must determine the individuals who should attend the 504 Team meeting. The Manifestation Determination process must include the School Psychologist.

b. The 504 team shall review all relevant information in the student’s file, including

the 504 plan, any teacher observations and any relevant information provided by parent/guardian to determine whether the misconduct is a manifestation of the student’s disability.

38

c. A summary report of findings will be completed referencing all the sources. If the

School psychologist feels that additional assessments must be completed in order to complete this manifestation report, an assessment plan must be signed by the parent/guardian.

If the manifestation determination finds that there is a direct causal relationship between the disability and the behavior, then the student may NOT be suspended or expelled; the 504 Team should consider the appropriateness of the current 504 Plan.

It should conduct a functional behavioral assessment (FBA) and develop a behavior intervention plan (BIP), or review and revise as needed an existing BIP.

If the manifestation determination shows no direct causal relationship between the disability and the behavior, then the student may be disciplined as a general education student would be under similar circumstances.

While IDEA students who are expelled must continue to receive FAPE, 504 students do not have to be provided with FAPE during expulsion.

Students currently engaged in drug or alcohol abuse are not protected under Section 504.

The Gun-Free Schools Act applies to students covered under IDEA and Section 504. Under Section 504 and IDEA, a student with a disability may be expelled only if a group of persons knowledgeable about the student determines that the bringing of a gun to school was not a manifestation of the student’s disability.

A student with a 504 Plan or IEP under the IDEA may be placed on a 45-school-day interim placement under the “special circumstances” of possession of a qualifying weapon (a gun is one type of qualifying weapon), possession of drugs, or causing serious bodily injury. (“Serious bodily injury” is a legal term with a high standard.) Contact Pupil Services immediately for assistance if you think “special circumstances” may apply to a disciplinary situation you are facing.

Unidentified Students

a. A pupil not previously identified as a student with a disability under Section 504 who violates a behavior rule may claim protection as provided to an individual identified with a disability if there was knowledge that the pupil had a disability before the behavior violation occurred.

Knowledge arises when: a. The parent/guardian has expressed concern orally or in writing to school staff about

a pattern of their child’s behavior and/or performance or that their child is in need of Section 504 accommodations and/or services OR

39

b. The parent of the student has requested an evaluation of the student.

c. School staff has expressed specific concerns about a pattern of the student’s behavior and/or performance. The concern must be expressed in accordance with the district’s established referral process to administrative staff of the school or district.

A public agency is not deemed to have knowledge when: a. The agency conducted a Section 504 evaluation or IDEA eligibility and determined the

student did not have a disability under Section 504 or

b. The parent/guardian has not allowed an initial evaluation of the student or has refused initial services after an initial evaluation.

If there was no prior knowledge, disciplinary measures can be applied as applied to all general education pupils. If a parent/guardian indicates he/she believes his/her student should have been previously identified, contact the Director of Pupil Services for assistance.

If the parent requests an evaluation for a student who has not been assessed recently, or has been found ineligible, the evaluation shall be conducted in an expedited manner if evaluation is determined appropriate. If the student is found to be a student with a disability, the student will receive accommodations as determined by the 504 team.

40

VIII. Grievance Procedure

Grievance Procedure regarding identification, evaluation or educational placement Pursuant to Section 504, if a student or parent has concerns regarding a child’s identification, evaluation, or educational placement, then the parent may file a grievance/complaint as follows: 1. Level One—informal resolution: A grievance should be in writing, unless the person filing the

complaint (the “grievant”) has a disability that prevents the grievant from submitting a complaint in writing. If the complaint is submitted orally, then the School Site Section 504 Coordinator will document the complaint in writing and give the grievant an opportunity to review and ask for any corrections to the documentation of the complaint.

a. A grievance must be filed within six (6) months of the alleged issue with respect to

identification, evaluation or educational placement. Extensions may be granted upon a showing that the person was prevented from filing as result of his/her disability or if the delay was caused by the District.

b. Upon receiving a complaint as provided in paragraph one (1) above, the School Site Section

504 Coordinator shall attempt to resolve the problem, if warranted, in an informal manner through the following process.

i. The School Site Section 504 Coordinator shall confer with the grievant as soon as is

reasonably possible to obtain a clear understanding of the basis of the complaint. ii. The School Site Section 504 Coordinator shall attempt to meet with the alleged

responsible party in order to obtain a response to the complaint. iii. If appropriate, the School Site Section 504 Coordinator will arrange a meeting to

informally mediate the issues and reach a resolution. Any resolution will be written up informally by the Section 504 Coordinator and signed by both parties.

iv. In investigating the complaint, the School Site Section 504 Coordinator will maintain confidentiality to the extent reasonably possible.

2. Level two—impartial hearing: If the informal efforts described in paragraph one (1) above

have not resulted in a written resolution within ten (10) school days of the complaint, then the School Site Section 504 Coordinator shall refer the complaint to the District Section 504 Coordinator for an impartial review hearing. He/she may hold as many meetings with the parties as is necessary to gather the facts, review any applicable documentation, review any written statements or submittals from the grievant and involved staff/students, and obtain statements from witnesses if available. The District Section 504 Coordinator will complete his/her review, make written findings of fact and conclusions based upon applicable legal standards, and deliver the written findings and conclusions to the grievant within forty (40)

41

school days of the date the complaint was received. If the District Section 504 Coordinator finds that there has been any noncompliance, then he/she will take appropriate actions to ensure a resolution.

3. Level three—review: If the grievant is not satisfied with the resolution of the matter by the District Section 504 Coordinator, he/she may file an appeal to the SFUSD Office of Equity for a review within seven (7) school days of the receipt of the District Section 504 Coordinator’s findings and conclusions. An appeal must be in writing, unless the grievant has a disability that prevents the grievant from submitting an appeal in writing. If the appeal is submitted orally, the SFUSD Office of Equity will document the appeal in writing and give the grievant an opportunity to review and ask for any corrections to the appeal documentation.

a. The SFUSD Office of Equity will follow Board Policy 5145.3 and Administrative Regulation

5145.3 in reviewing the complaint. 4. These timelines may be extended by mutual agreement of the District and the grievant.

Discrimination Complaints If a parent/child believes that s/he has been subject to disability discrimination, then s/he may file a complaint directly with the SFUSD Office of Equity by completing the Uniform Complaint Procedure Form. See http://www.sfusd.edu/en/ada-access-and-equity/office-of-equity/uniform-complaint-procedure.html. No district employee or agent shall intimidate, threaten, coerce, discriminate, or otherwise retaliate against any individual for the purpose of interfering with any rights he/she has under the grievance process set forth above, or under Section 504 of the Rehabilitation Act of 1973, Title II of the American with Disabilities Act Amendments Act, or Title IX of the Educational Amendments of 1972 (Title IX).

The grievant may also pursue any other actions permitted by law for addressing disability discrimination. The grievant may file a complaint with the U.S. Department of Education, Office of Civil Rights (“OCR”). The contact information for OCR is: The OCR office for California: The OCR National Headquarters:

San Francisco Office for Civil Rights U.S. Department of Education 50 United Nations Plaza San Francisco, CA 94102 Telephone: (415) 486-5555 Facsimile: (415) 486-5570 Email: OCR.SanFrancisco@ed.gov

U.S. Department of Education Office for Civil Rights Customer Service Team 400 Maryland Avenue, SW Washington, D.C. 20202-1100 Telephone: 1-800-421-3481 FAX: 202-245-6840; TDD: 877-521-2172 Email: OCR@ed.gov

NOTES