section 504/ada procedures manual for studentseagendatoc.brevardschools.org/08-25-2009 special...

Section 504/ADA

Procedures Manual

For Students

School Board of Brevard County, Florida

August 2009

SCHOOL BOARD OF BREVARD COUNTY EDUCATIONAL SERVICES FACILITY 2700 JUDGE FRAN JAMIESON WAY

VIERA, FLORIDA 32940-6601

SCHOOL BOARD MEMBERS

Robert Jordan, Chairman Dr. Barbara A. Murray, Vice-Chairman

Amy Kneessy Karen Henderson

Andy Ziegler

SUPERINTENDENT Dr. Brian T. Binggeli

ASSISTANT SUPERINTENDENT OFFICE OF STUDENT SERVICES &

EXCEPTIONAL STUDENT EDUCATION Betty A. Dunn

Office of Exceptional Education Program Support Services

Section 504/ADA Coordinator Eva Lewis, Director

Office of Exceptional Education Administrative Support Services Dr. Karen O. Palladino, Director

Kim Riddle, Resource Teacher

TABLE OF CONTENTS Part I: Law

Introduction......................................................................................................................................2 Overview..........................................................................................................................................3 Definitions Under Section 504/ADA ...............................................................................................4 Procedural Requirements .................................................................................................................8 Family Educational Rights and Privacy Act (FERPA) ....................................................................9 Procedural Safeguards Under Section 504/ADA ...........................................................................10 Grievance Procedures.....................................................................................................................11 Impartial Hearing Procedure ..........................................................................................................13 Section 504 of the Rehabilitation Act of 1973...............................................................................14 ADA Amendments to Section 504.................................................................................................21 Americans With Disabilities Act ...................................................................................................22

Part II: Procedures

How Does Section 504 Fit?............................................................................................................35 Process Flowchart ..........................................................................................................................36 Section 504 Contact Responsibilities.............................................................................................38 Referral, Screening, Evaluation and Placement .............................................................................39 Evaluation ......................................................................................................................................40 Eligibility .......................................................................................................................................41 Placement .......................................................................................................................................43 Yearly Review................................................................................................................................44 Three (3) year Reevaluation...........................................................................................................45 Dismissal ........................................................................................................................................45 Transition .......................................................................................................................................46 FCAT .............................................................................................................................................46 Transfer Students ...........................................................................................................................46 Gifted Students...............................................................................................................................46 Temporary Disability Guidelines ...................................................................................................47 Private School ................................................................................................................................47 504 to ESE .....................................................................................................................................47 Postsecondary Services ..................................................................................................................47 Large Print Materials for Section 504/ADA Students ...................................................................48

Part III: Discipline

Discipline .......................................................................................................................................50 Manifestation Determination Form................................................................................................52 Procedural Safeguards....................................................................................................................53 Discipline Flow Chart ....................................................................................................................54

Part IV: Appendices

Appendix A – Procedural Safeguards ............................................................................................56 Appendix B – Educational ADHD Determination Procedures ......................................................58 Appendix C – Sample Accommodations .......................................................................................69 Appendix D – Questions & Answers .............................................................................................78 Appendix E – Forms ......................................................................................................................83 Appendix F – TERMS .................................................................................................................103 Appendix G – References for the Section 504 Contact ...............................................................113 Appendix H – Resources..............................................................................................................122 Appendix I – References..............................................................................................................124

Part I

Law

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INTRODUCTION Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights statute that provides: "No otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…" Individualized accommodations shall be provided to qualified students with disabilities when required to provide the student with an equal opportunity to benefit from the instructional program or nonacademic services. The Americans with Disabilities Act (ADA) of 1990 extends the Section 504 civil rights protections prohibiting discrimination against individuals with disabilities to most of the private sector and to sections of state and local government. Title II of the ADA requirements is very similar to the requirements of Section 504. It extends the requirements of Section 504 to all public entities, whether or not they receive federal funds. The Americans with Disabilities Act Amendments Act of 2008, effective January 1, 2009, amended the ADA of 1990 and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. As a public entity receiving federal funds, the School Board of Brevard County shall abide by both Section 504 and the ADA. Therefore, they are addressed together in this manual to clarify the expectations and implications of these regulations.

NOTE Within this manual the designations "handicapped person," "disabled person," "person with a handicap," and "person with a disability" are used. When the Americans with Disabilities Act (ADA) was enacted, congress directed that the regulations implementing the employment sections of ADA be modeled on the regulations implementing Section 504. Accordingly, although the more accepted term for identifying protected persons has become "person with a disability," the definition of "disability" is identical to the definition of "handicapped" in Section 504.

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OVERVIEW

Section 504 of the

Rehabilitation Act of 1973

SECTION 504 OF THE REHABILITATION ACT OF 1973 IS A CIVIL RIGHTS STATUTE

THAT PROVIDES: "No otherwise qualified individual with handicaps in the United States…shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or activity conducted by any executive agency or by the United States Postal Service." (29USCs.794)

AMERICANS WITH DISABILITIES ACT (ADA) The Americans With Disabilities Act (ADA) extends the Section 504 civil rights protections prohibiting discrimination against individuals with disabilities to most of the private sector and to sections of state and local government. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local governments and telecommunications.

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Definitions Under Section 504/ADA Individual with a Disability:

I. Has a physical or mental impairment which substantially limits one or more major life activities;

II. Has a record of such impairment; or III. Is regarded as having such an impairment.

I. Has a physical or mental impairment which substantially limits one or more major life

activities: The determination is not based on the existence of a condition or impairment but rather by its impact on the individual. Physical or Mental Impairment:The legal definition does not identify a list of specific diseases and conditions that constitute physical or mental impairment because of the difficulty of ensuring the comprehensiveness of the list. The term includes (A) "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine; (orthopedic, visual, speech and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, ADHD, heart disease, diabetes, etc.) or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Examples: ADHD students who are not LD, OHI or EBD Diabetics, Asthmatics, HIV/AIDS Non-Examples: LEP students Low SES students Students with low IQ Major Life Activities: The impairment need only substantially limit one major life activity to be eligible for protections under Section 504/ADA. Examples of major life activities include:

Walking Eating Seeing Sleeping Hearing Standing Speaking Lifting Breathing Bending Learning Reading Working Concentrating Performing Manual Tasks Thinking Caring for One’s Self Communicating

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Each of the major life activities is viewed globally. The major life activity most relevant in the educational context is Learning or access to Learning.

Examples: Non-Examples:• Total Report Card • Not just Math • A series of F's • Not just one or two 'F's" • Total GPA • Not one area • Evidence of a pervasive problem in learning

• Not one specific problem, i.e. only • Poor organizational skills • Poor written expression

Substantially Limits: The team must determine that there is a "SUBSTANTIAL" limitation, not a "MILD OR MODERATE" limitation. The legal trend indicates the relevant frame of reference for this comparison to be the average student of the same age in the general population. This means the team compares a student to the national population (same grade/age) and not to the student's individual potential. If the major life activity identified is Learning, standardized achievement tests (normative data and percentiles) are excellent to use as one of the sources in the evaluation. Compare to an average student of the same age in the general population in the major life activity of Learning:

Example: Non-Examples:• Standardized Achievement Test

scores at/or below the 10th %ile. • Average student with Standardized

Achievement Test scores above the 30th %ile.

• Student who qualifies for Gifted Student Program with average grades.

The Office for Civil Rights (OCR) has determined that a student who is succeeding in regular education - the achievement of passing marks and advancement from grade to grade - without modifications does not have a disability which substantially limits the ability to learn.

Source: SECTION 504 COMPLIANCE ADVISOR, Volume 3, Issue 10, December 1999

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II. Has a record of such impairment:

A student who has a history of mental or emotional illness, cancer, or another condition that substantially limits a major life activity is protected IF someone attempts to DISCRIMINATE against the person on the basis of that record. We do not determine eligibility or write Accommodation Plans for this!

III. Is regarded as having such an impairment:

A person may have an impairment that in fact does NOT seriously limit a major life activity, but is treated as if he/she had such an impairment. Restrictions may result from attitudes that have no basis in fact. For example, a person who has severely burned skin may face restrictions that are not based on any actual limitation of abilities. We do not determine eligibility or write Accommodation Plans for this! Students are protected from discrimination under II and III of the definition. But only students with disabilities who fall under I qualify for Free Appropriate Public Education (FAPE). If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment, substantial limitation and major life activity) of Section 504/ADA eligibility but needs accommodations, the school should provide them under its general mission of meeting the needs of all students, i.e. good teaching strategies/practices, not under a Section 504 plan. (Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12, January 14, 2000.)

More definitions:

Program or Activity: The term includes all programs or activities of the Florida Department of Education and of all school districts receiving federal funds regardless of whether the specific program or activity involved is a direct recipient of federal funds, i.e., any program contracting with the School Board of Brevard County, Florida must comply with Section 504/ADA regulations. Equally Effective:Under Section 504/ADA this means EQUIVALENT as opposed to IDENTICAL. To be equally effective an aid, benefit, or service need not produce equal results; it must merely afford an equal opportunity to achieve equal results. Section 504/ADA does NOT guarantee achievement or performance, only a guarantee of equal opportunity to learn. (Equality of opportunity, not result!)

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Placement Under Section 504/ADA: Once a student is identified as being eligible, a decision must be made regarding the type of services the student needs, development of an Accommodation Plan.

Educational Clarification of Section 504/ADA OCR has determined that a student who is succeeding in regular education - the achievement of passing marks and advancement from grade to grade - without modifications does not have a disability which substantially limits the ability to learn. The eligibility must be determined based on not only the presence of a handicapping condition (impairment), but the impairment must limit a major life activity, SUBSTANTIALLY. It is important that the eligibility committee for Section 504/ADA compare the performance of the student to the performance of the average student, in the same age/grade level, across the national population. (Source: Refer to Resources in Appendix H)

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PROCEDURAL REQUIREMENTS

What are the Procedural requirements of Section 504/ADA? To be in compliance with Section 504/ADA school districts must provide for public notification of their policies of nondiscrimination and of their grievance procedures. They must publicly identify the person who coordinates compliance. The following information is adapted from "Meeting the Needs of Students, Section 504 of the Rehabilitation Act of 1973." Florida Department of Education, March 1992. Questions & Answers: Specifically, districts must do the following:

Q Must the district provide written assurance of nondiscrimination whenever the district receives federal money? A

A

A

34 CRF 104.5 (a). Yes. This assurance form is provided by the federal government and districts have made such assurance since 1977.

Q Is there a designated employee to coordinate compliance with Section 504/ADA?

34 CRF 104.7 (a). Yes. Eva Lewis, Director of Program Support Services, Office of Exceptional Student Education is the coordinator for the School Board of Brevard County, Florida.

Q Does the District provide grievance procedures to resolve complains of discrimination?

34 CRF 104.7 (b). Yes. Refer to Non-Discrimination Grievance Procedures in this manual or on the Brevard Public Schools website, www.brevardschools.org., under BPS Highlights. Also, each publication includes a non-discrimination notice that lists the contact person.

Q Does the District provide notice to students, parents, employees, unions, and professional organizations of nondiscrimination in admission or access to, or treatment or employment in, its programs or activities?

A 34 CFR 104.8. Yes. The Student/Teacher Handbooks and the Annual Reports are two of the methods for making initial and continued notification. Every publication from the School Board of Brevard County also includes this notice. Notice is also provided on the Brevard Public Schools website.

Q Must the District annually identify and locate all Section 504/ADA qualified handicapped children in the district's geographic area who are not receiving a public education?

A

A

A

34 CRF 1043.32 (a). Yes. In Brevard County, Child Find is responsible.

Q Must the District annually notify handicapped persons and their parents or guardians of the district's responsibility under Section 504/ADA?

34 CRF 104.32 (b). Yes. The Student Handbooks, enrollment/registration packets and the Brevard Public Schools website includes this notification.

Q Must the District or the school provide parents or guardians with procedural safeguards?

34 CRF 104.36. The school uses the Procedural Safeguards included in this manual. They are given to each parent of a possible Section 504/ADA eligible student by the Child Study Team, teachers, and/or principal/designee. The Parent/Student Rights Afforded by Section 504/ADA, Procedural Safeguards Under Section 504/ADA, are provided upon identification, evaluation & placement under Section 504/ADA

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http://www.brevardschools.org/

The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. This Act gives the parent or guardian the right to:

1. inspect and review his/her child's educational records; 2. make copies of these records; 3. receive a list of all individuals having access to those records. 4. ask for an explanation of any items in the records; 5. ask for an amendment to any report on the grounds that it is

inaccurate, misleading, or violates the child's rights; and 6. a hearing on the issue if the school refuses to make the

amendment.

Adapted from Student Access: A Resource Guide for Educators: Section 504 of the Rehabilitation Act of 1973. Council of Administrators of Special Education, Inc. (CASE), 1992.

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PARENT/STUDENT RIGHTS AFFORDED BY SECTION 504/ADA OF THE REHABILITATION ACT OF 1973

(Procedural Safeguards Under Section 504/ADA)

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

You have the right to: 1. Have your child take part in, and receive benefits from public education programs without

discrimination because of his/her disabling condition; 2. Receive notice with respect to identification, evaluation, or placement of your child; 3. Have your child receive a free appropriate public education in the least restrictive environment; 4. Have your child receive services and be educated in facilities which are comparable to those

provided to non-disabled students; 5. Have your child receive special education and related services if your child is found to be eligible

under the Individual with Disabilities Education Act or a Free Appropriate Public Education (FAPE) if eligible under Section 504/ADA of the Rehabilitation Act;

6. Have evaluation, educational and placement decisions made based on a variety of information sources using valid tests and other evaluation materials designed to assess specific areas of need and by persons who know the student and who are knowledgeable about the evaluation data and placement options;

7. Have transportation provided to and from an alternative placement setting (if the setting is a program not operated by the district) at no greater cost to you than would be incurred if the student were placed in a program operated by the district;

8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district;

9. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program and placement;

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

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

12. File a local grievance; 13. Request an impartial hearing related to decisions or actions regarding your child's identification,

evaluation, educational program, or placement. You and your child may take part in the hearing and be represented by counsel. Hearing requests must be made to the District Section 504/ADA Coordinator;

14. Appeal the impartial hearing officer's decision; and 15. Receive all information in your native language and primary mode of communication.

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The person in your district responsible for assuring compliance is the District Section 504/ADA Coordinator, Director of Program Support Services who can be reached at (321) 633-1000, extension 520.

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Brevard County (Florida)

Bylaws & Policies

2260.01 - NONDISCRIMINATION GRIEVANCE PROCEDURE

It is the policy of the Board to offer the opportunity to students to participate in appropriate programs and activities without regard to race, color, religion, national origin, sex, disability, marital status, or age, except as otherwise provided by State law.

The Compliance Officer for the Board is identified annually and the name is published in the student handbooks. The Compliance Officer may be reached at the School Board of Brevard County, 2700 Judge Fran Jamieson Way, Viera, Florida 32940-6699, phone: (321) 631-1911.

At each school, the Compliance Officer for that institution is the principal thereof. The principal may designate other persons to act in this capacity on his/her behalf as the demands of the institution dictate. Nevertheless, all written grievances may be properly directed to the principal of the institution alleged to be in violation of Title IX of the Florida Education Equity Act, Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

All written complaints alleging violations of Title IX of the Florida Education Equity Act, regardless of resolution at the individual school level, shall be forwarded to the Compliance Officer. The Board’s Compliance Officer, or his/her designee shall maintain all such written complaints, as well as the written response/resolution to such complaints. These documents are public records and shall be available for inspection and copying through proper public records request by any person or organization, subject to reasonable fee.

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination against students with a disability. No discrimination against any student with a disability will knowingly be permitted in any of the programs or activities of the school district.

Student Grievance Procedure:

Grievance Defined - Grievance under this policy concerns alleged violation(s) of Title IX Education Amendments of 1972, which prohibit sex discrimination in education or alleged violation(s) of the Florida Educational Equity Act, 1000.05 F.S., which prohibits discrimination in public education. In addition Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination against students with a disability. No discrimination against any student with a disability will knowingly be permitted in any of the programs or activities of the school district. To ensure the district’s compliance, the following grievance procedures have been adopted.

Step 1 If the individual public school student (or parent on behalf of the student) believes that an action, or inaction, by the school, school representative, or school employee has violated his/her rights under Title IX, the Florida Educational Equity Act, Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act the student is encouraged to seek a resolution through appropriate informal discussion with the individual or individuals alleged to have committed the violation or other appropriate school personnel. Step 2 If the informal discussion does not satisfactorily resolve the issue, the aggrieved student (or parent on behalf of the student) shall submit a written statement of his/her grievance to the school Principal, or his or her designee, within thirty (30) school days of the informal discussion. This statement shall include a specific description of the alleged discriminatory denial of opportunity to the student, name(s) of the person or persons causing the alleged violation, the date of the alleged violation, the resolution sought by the student, and the signature of the student and his/her parent or guardian. Failure of the student to timely submit such written complaint shall not impact the student’s legal rights under Title IX or the Florida Education Equity Act.

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Within seven (7) days of receipt of the written grievance, the Principal or his/her designee shall investigate and render a written response to the grievance of the aggrieved student and parent or guardian. This response shall either uphold, modify, or deny the resolution sought. Step 3 If the student, parent or guardian is not satisfied with the response issued in Step 2, the student may, within seven (7) school days of the date of the response, resubmit the grievance in writing to the Board’s equity coordinator. Within seven (7) school days, the Board’s equity coordinator shall issue a written response to the aggrieved student and parent or guardian. The decision of the Board’s equity coordinator shall be final except as provided by law or School Board Policy.

The Superintendent shall develop and update administrative procedures as necessary to implement this policy.

F.S. 1000.05, 1001.41

Florida Educational Equity Act Titles VI, VII, and IX of the Civil Rights Act 1964 Section 504 of the Education Amendments of 1972 American’s with Disabilities Act, Public Law 101-336 Section 504 of the Rehabilitation Act of 1973

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Section 504/ADA Impartial Hearing Procedure

Persons disagreeing with the identification, evaluation, or placement of a student with disabilities may file a request for a Section 504/ADA Impartial Hearing. A “Request For Section 504/Americans With Disabilities Act (ADA) Impartial Hearing” form, available from the District Section 504/ADA Coordinator, shall be completed by the aggrieving party and submitted to the District 504/ADA Coordinator.

• An individual with a complaint is encouraged to discuss it with the Teacher, Section 504/ADA School Contact, Counselor, or Principal/Designee with the objective of resolving the matter promptly and informally. The parties may agree to hold an informal meeting prior to an Impartial Hearing. If the parties at the informal meeting agree to a resolution, such agreement shall be documented in writing and signed by the parties. If the complaint can be satisfactorily resolved at the informal meeting, the school should notify the District Section 504/ADA Coordinator, who will notify the Division of Administrative Hearings.

• If the complaint cannot be satisfactorily resolved by the parties at the informal

meeting, a formal hearing will be scheduled. The District Section 504/ADA Coordinator shall request appointment of a hearing officer from the Division of Administrative Hearings, Florida Department of Education. The hearing officer shall convene and conduct the hearing and shall render a written decision with findings of fact and conclusions of law to all concerned parties. Such hearing shall be held within a reasonable period of time, but in no case shall be held more than seventy-five (75) calendar days from the date of the written request unless both parties agree to an extension.

• All parties shall be afforded a full and fair opportunity to present evidence

relevant to the issues raised.

• The decision of the hearing officer is binding on all parties involved except as provided in law and School Board policy.

• The above procedures do not supersede a parent's right to file a complaint directly

with the Office for Civil Rights (OCR).

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SECTION 504 OF THE

REHABILITATION ACT OF 1973

34 CFR PART 104 SUBPARTS A, C AND D

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AMERICANS WITH DISABILITIES ACT (ADA)

JULY 26, 1990

Public Law 101-336

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Part II

Procedures

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How Does Section 504 Fit?

All Students within District

504/ADA**

IDEA (ESE)

***

With or without Impairments

*

* All Students with or without impairments = 100 % of student population ** 504/ADA only = approximately 1 % of the student population *** IDEA (ESE) = approximately 10 % of the student population

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SECTION 504/ADA PROCESS FLOWCHART

Refer to CST

Invite parent to CST Meeting - Parent Invite to CST

(form CST-INV) - Provide Brochure

CST Decision?

Possible ESE

Refer to ESE procedures

Further Interventions

Review, revise, implement document

STOP

Possible 504/ADA Disability

- Obtain Parental Consent For Initial Section 504/ADA Evaluation (Form 504-1)

- Give parent Procedural Safeguards Under Section 504/ADA

Complete Evaluation

Complete & File STOP

NO

Eligible? Eligibility Form (Form 504-3)

Give parent Procedural Safeguards Under Section

504/ADA

Develop accommodation plan; Input TERMS; Disseminate copies; file in 504 folder;

- Accommodation Plan (Form 504-4) - Dissemination Log for Teachers/Staff

(Form 504-2)

Implement Plan

YES

Referral to CST

Screening

Evaluation

Placement

- Forms

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SECTION 504/ADA PROCESS FLOWCHART, continued

Yearly Plan Review

Changes to Plan ?

No Changes No Meeting

Schedule 504/ADA meeting to revise Plan - Parent Invitation – Give parent Procedural Safeguards

Under Section 504/ADA (Invitation to Parent/Guardian)

NO YES

Continue to implement plan

3 year reevaluation Parent Notice

Parent Reevaluation Notice (Form 504-5)

Give parent Procedural Safeguards Under Section 504/ADA

Requires new forms (504-3 pages 1 & 2)

Complete & review current evaluation data

Continue eligibility ?

NO

Dismiss Eligibility Form(504-3)

(file in Guidance Record folder) Give parent Procedural

Safeguards Under Section 504/ADA

Develop Accommodation Plan; Input

TERMS; Disseminate copies. Accommodation Plan (Form 504-4) Dissemination Log for Teachers/Staff

(Form 504-2)

Implement Revised Plan

YES

- Forms

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Section 504/ADA Responsibilities School Contact Person A Section 504/ADA School Contact Person is primarily responsible for the following:

•

•

•

•

•

•

•

•

•

•

•

•

Inservice building personnel;

Notify teachers of active Section 504/ADA students;

Disseminate copies of active Section 504/ADA plans to all appropriate teacher(s) and personnel who are to be implementing the accommodations and obtain signatures on the Dissemination Log for Teacher (7-30-07) form;

File original Dissemination Log for Teachers form in the student’s Section 504 file;

Contact parents, either in written form or by phone, to invite, notify or review active accommodation plans;

Convene/Chair Section 504/ADA meetings;

Disseminate Section 504/ADA parent brochures;

Insure that parent has received a copy of the Section 504/ADA Procedural Safeguards and is aware of their rights;

Complete all necessary Section 504/ADA paperwork, which may include Section 504/ADA Referral for Assistance to the school psychologist or school social worker;

Monitor yearly plan reviews;

Initiate 3-year reevaluations;

File Section 504/ADA paperwork in appropriate folders (ex: 504 Folder {Active} OR Guidance Record Folder {Inactive}) which are to be kept in the student's cumulative folder;

• Input necessary TERMS data OR ensure that all necessary input information is provided for

your school Data Entry Clerk (Use Section 504/ADA TERMS Input Data form).

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504/ADA Procedures

Referral, Screening, Evaluation and Placement

Factors indicating a need for a possible referral to the Child Study Team (CST) or Section 504/ADA Team include:

• Inappropriate behavior persists despite consistently implemented classroom-based intervention

• Frequent failures • Chronic health condition • Return to school following a serious illness or injury • Frequent disciplinary referrals • Past referrals to exceptional student education (where student did not qualify) • A disability is known or suspected

1. Referral to CST or Section 504/ADA Team:

• A medical condition triggers possible protection under Section 504/ADA and requires a referral.

• Invite parent to attend the CST or Section 504/ADA meeting (CST Parent Invitation Form) • Send or give Parent/Guardian the Section 504/ADA Parent Brochure • When the referral is due to a medical condition, a 504/ADA evaluation may be initiated

immediately. Proceed to Step 3. 2. Screening:

CST considers and documents the following information:

Cumulative Review • Guidance record file • Report cards/grades • Standardized tests • School-based test records • Medical information • Vision/hearing screening • Retention/waiver of retention • History of academic concerns

Classroom

• Parent conferences • Teacher reports/observations • Academic interventions

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Attendance

• Absences • Tardies • Referral to Resource Teacher/Attendance

Behavior • Discipline reports • Behavior interventions • Behavior checklists

CST decides: (document on a conference form)

• Further intervention needed (review, revise, implement and document) or • Possible Exceptional Student Education (ESE) referral (refer to ESE procedures) or • Possible Section 504/ADA referral

o If ADHD is a consideration, refer to the Educational ADHD Determination Process in Appendix B

3. Evaluation:

• CST suspects 504/ADA disability • Obtain parent consent (504/ADA Parent Consent – Form 504-1) • Give parent/guardian Procedural Safeguards Under Section 504/ADA • Review records as needed, which may include:

• Cumulative review • Classroom indicators • Attendance • Behavior • General Education Interventions implemented (RtI)

The type of disability believed to be present and the type of service(s) the student may need determines the extent of the evaluation process. The evaluation must be sufficient to accurately and completely assess the nature and extent of the disability and the recommended services. Complete additional evaluation instruments as needed.

Evaluation information obtained for Section 504/ADA assessment may be used in considering ESE eligibility if the information is current and relevant to the ESE questions. The need to do more academic testing should be made based on how current and comprehensive and existing data are and whether it provides the needed information. The regulations state "as part of an initial evaluation (if appropriate) and as part of any reevaluation" you must review the existing evaluation data on a child. Then based on that review, you decide what additional information you need. This would be one of those "if appropriate" circumstances. The consent to obtain evaluation would indicate that the prior 504 testing was part of the "basis upon which the determination was made." (Pat Howard, Student Services, Florida Dept. of Education, e-mail, April 17, 2000, Section 504 Questions, Exceptional Student Education, Florida.)

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4. Eligibility:

• The Section 504/ADA Team consists of a group of persons (minimum of 2 professionals) including professionals who are knowledgeable about the child (typically the classroom teacher), the meaning of the evaluation data, and the placement options.

• Review all information considered during the referral, screening, and evaluation process.

• Determine, based on the above information, whether the student has a physical or mental

impairment which substantially limits a major life activity. The determination is not based on the existence of a condition or impairment but rather by its impact on the individual.

• The disability must be currently limiting, not potentially or hypothetically limiting.

a) Physical or Mental Impairment:

The legal definition does not identify a list of specific diseases and conditions that constitute physical or mental impairment because of the difficulty of ensuring the comprehensiveness of the list. The term includes (a) "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory (including speech organs); cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine; OR (b) any mental or psychological disorder, such as mental retardation; organic brain syndrome; emotional or mental illness; and specific learning disabilities."

Examples: Non-Examples: ADHD students who are not LEP students LD, EBD, or OHI Low SES students Diabetics Students with low I.Q. Asthmatics Slow learners without suspected disabilities

b) Major Life Activities:

The impairment need only substantially limit one major life activity to be eligible for protection under Section 504/ADA. Examples of major life activities include:

Hearing Walking Seeing

Breathing Learning Working

Speaking Eating Caring for One’s Self Sleeping Performing Manual Tasks Standing Lifting Bending Reading Concentrating Thinking Communicating

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Each major life activity is viewed globally. The major life activity most relevant in the educational context is Learning or access to Learning.

Examples: Non-Examples: Total report card Not just math A series of "F's" Not just 2 "F's" Total Grade Point Average (GPA) Not one area Evidence of a pervasive

problem in learning Not one specific problem: Poor organization skills Poor written expression

c) Substantially Limits:

The term must determine if there is a "substantial" limitation, not a "MILD or MODERATE" limitation. The legal trend indicates the relevant frame of reference for this comparison to be the average student of the same age in the general population. This means the team compares a student to the national population (same age/grade) and not to the student's individual potential. If the major life activity identified is Learning, standardized achievement tests (normative data and percentiles) are recommended as one of the sources in the evaluation.

Example: Non-examples: • Standardized achievement test

scores at or below the 10th %ile.

• Average student with standardized test scores above the 30th %ile

• Student who qualifies for the Gifted Student Program with average grades

The "Office for Civil Rights (OCR) has determined that a student who is succeeding in regular education - the achievement of passing marks and advancement from grade to grade - without modifications does not have a disability which substantially limits the ability to learn." (Section 504 Compliance Advisor, Volume 3, Issue 10, December 1999.) If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment, substantial limitation and major life activity) of Section 504/ADA eligibility but needs accommodations, the school should provide them under its general mission of meeting the needs of all students, i.e., good teaching strategies/practices not under a Section 504/ADA Accommodations Plan. (Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12, January 14, 2000.)

07/30/2009 42

• Determine whether the student is or is not eligible for services under Section 504/ADA. The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options.

IS ELIGIBLE IS NOT ELIGIBLE - Complete eligibility form - Stop process - Refer to placement procedures - Document on an eligibility form your

ineligible determination - File paperwork in the Guidance Record Folder

REMEMBER: IF THERE IS NOT A SUBSTANTIAL LIMITATION

OF AT LEAST ONE MAJOR LIFE ACTIVITY THE STUDENT IS NOT ELIGIBLE.

5. Placement – Accommodation Plan: Once a student is identified as being eligible under Section 504/ADA, a decision must be made regarding the type of services the student needs.

• The Section 504ADA team consists of a group of persons (minimum of 2 professionals) including professionals who are knowledgeable about the child (typically the classroom teacher), the meaning of the evaluation data, and the placement options.

• Procedure:

The Section 504/ADA team will meet as a group and will include the classroom teacher’s input to develop an Accommodation Plan necessary to meet the individual needs of the student. Invite parent/guardian if this meeting takes place separate from the eligibility meeting. Refer to Appendix C for sample modifications.

- Write Accommodation Plan (Accommodation Plan Form 504-4) - Input data on TERMS (Input data form - Optional, Appendix F) - Disseminate copies to parent/guardian and all appropriate teachers/personnel who will

be implementing the accommodations - Give parent/guardian Procedural Safeguards Under Section 504/ADA - Obtain signatures on the Dissemination Log for Teachers, Section 504/ADA - Implement plan - Current teachers/personnel are responsible for implementing the

accommodations. - File Active 504/ADA paperwork in a Section 504 folder.

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6. Review Procedures:

Yearly Review Procedures

• Review Accommodation Plan

NO CHANGES: CHANGES: - NO Meeting - Schedule Meeting

- If changes - schedule 504 meeting and

invite parent(s) to revise plan (Invitation to Parent/Guardian - optional)

- Revise plan and continue to implement. Give parent/guardian copy of revised plan and Procedural Safeguards Under Section 504/ADA

- Disseminate revised copies to appropriate teacher(s)/personnel

Teachers must implement Section 504/ADA accommodations documented on the SECTION 504/ADA, ACCOMMODATION PLAN (Form 504-4) for eligible students. Procedures to ensure accountability in this area are as follows:

• Section 504/ADA School Contacts notify teachers if they have an eligible Section 504/ADA student.

• The Section 504/ADA School Contact provides copies of the student’s Section 504/ADA

Accommodation Plan to appropriate teachers and staff.

• Teachers keep a copy of the Section 504/ADA Accommodation Plan in their lesson plan book for reference/reminder.

• The Section 504/ADA School Contact will secure appropriate signatures on the

DISSEMINATION LOG FOR TEACHERS, SECTION 504/ADA form(s). Copy this form as needed.

• The Section 504/ADA School Contact files the original DISSEMINATION LOG FOR

TEACHERS, SECTION 504/ADA forms in the student’s Section 504/ADA file.

• Teachers provide notice of Section 504/ADA identified students and location of the Accommodation Plans for substitute teachers.

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Three Year Reevaluation Procedures Reevaluation is required at least every 3 years or more frequently if conditions warrant and prior to a significant change of placement. OCR defines a significant change of placement as a substantial and fundamental change in a student’s educational program. Examples of a significant change of placement: suspensions that exceed 10 consecutive school days, a series of short term suspensions that result in a pattern of exclusion, transferring a student from one type of program to another, terminating (dismissal) or significantly reducing a related service.

Notice the parent/guardian of reevaluation (Section 504/ADA Informed Notice for Reevaluation – Form 504-5)

Give parent/guardian copy of Procedural Safeguards Under Section 504/ADA

Review Accommodation Plan and decide if further evaluation is necessary to continue reevaluation process.

Administer any new evaluation(s)

Schedule meeting and notify parent of reevaluation date (Section 504/ADA Invitation – Form 504-6)

Review current information

Complete NEW Eligibility – Form 504-3, pages 1 and 2. If continuing eligibility under Section 504/ADA, • Develop a NEW Accommodation Plan (Accommodation Plan Form 504-4) • Provide copy of new Accommodation Plan to parent/guardian • Provide parent/guardian Procedural Safeguards Under Section 504/ADA • Input data on TERMS (Input Data Form - optional) • Disseminate copies to all appropriate teacher(s)/personnel • Obtain signatures on the Dissemination Log for Teachers form. • Implement new Accommodation Plan – Current teachers/personnel are responsible for

implementing the accommodations.

Dismissal Procedures

If dismissal from 504/ADA is determined based on a reevaluation, • Complete and sign eligibility form that states dismissal (Form 504-3) • Provide parent/guardian copy of Section 504/ADA Eligibility (Form 504-3, pages 1 & 2) • Provide parent/guardian a copy of Procedural Safeguards Under Section 504/ADA • Input dismissal data on TERMS (Input Data Form - optional) • File Inactive 504/ADA paperwork in Guidance Record Folder

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Transition Procedures (Elementary to Middle, Middle to High)

• Sending school creates the TERMS report that identifies all active Section 504 students and

forwards this information to the receiving school. • Section 504/ADA Contacts communicate with all receiving schools Section 504/ADA

Contacts regarding expected caseloads. This can be by phone, email, or participation in Section 504/ADA articulation meetings.

• This should be completed by May 1 of each school year. • Sending school completes all reevaluations due prior to start of new school year. • Sending school alerts the receiving middle/high school if large print materials are needed

for a student. • Receiving school (middle school or high school) is responsible for ordering large print

materials if applicable (See instructions below). • See TERMS Procedures Appendix F

FCAT

•

•

To receive an accommodation for FCAT, the student must have a Section 504 plan (or IEP) indicating the need for a testing accommodation that is the same or nearly the same as accommodations used by the student in completing classroom instruction and assessment activities. Accommodations must be allowable.

Transfer Students from Out of State or Out of District

• • • • •

Review the Accommodation Plan and supporting documentation Determine if the Accommodation Plan is appropriate Implement the Accommodation Plan or rewrite Initiate a Section 504 Reevaluation to determine eligibility under district criteria Give parent/guardian the Procedural Safeguards Under Section 504/ADA

Gifted Students

•

•

If a disability is suspected under Section 504, complete the entire Section 504 process to determine eligibility. Use the Section 504 forms.

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Temporary Disability Guidelines

•

•

• •

OCR consistently rules that temporary, non-chronic impairments that heal within a few months are not disabilities under Section 504. Broken limbs – Consider severity and duration of the impairment on a case-by-case basis. Examples for 504/ADA eligibility consideration: broken arm is writing arm, broken leg caused serious mobility difficulties for an extended time. Determine eligibility through Section 504 Procedures and forms. If eligible, write an Accommodation Plan with the understanding that once the physical disability heals the student will be dismissed.

Private School

• • •

Range of obligation is not as extensive Obligation is to provide “minor adjustments” or “reasonable accommodations” We do not write plans for private schools

504 to ESE

• Upon determination of Exceptional Student Education (ESE) eligibility, note the transfer of eligibility on the Section 504 paperwork. Document a reference to the IEP as of the ESE eligibility date. A formal dismissal from Section 504 is not required.

Postsecondary Services • “Public schools are not required to provide evaluation information to support a student’s

eligibility in the postsecondary environment. School personnel and parents may have a false impression that a district Section 504 plan is sufficient to achieve eligibility at the next level, but generally it is not sufficient. Furthermore, postsecondary institutions are not required to conduct child find measures. As such, the student bears the responsibility, at his own cost, to provide documentation to support Section 504 eligibility.

• In the postsecondary environment a student receives “academic adjustments” rather than

“accommodations.” Adjustments may address academic requirements, course examinations, and auxiliary aids. An academic adjustment may include offering a course substitution. Auxiliary aids, such as taped text, interpreters for the deaf, or readers in the library, may be required for a student with sensory, physical or verbal impairments.

(Source: Section 504 Compliance Advisor, Volume 12, Issue 4, June 2008, Help Students Understand Rose of 504 in Postsecondary Environment, James McKethan)

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Large Print Materials for Section 504 Students Large print materials for eligible Section 504/ADA students are obtained from the Florida Instructional Materials Center for the Visually Impaired (FIMC) located in Tampa, Florida. Section 504/ADA students who are classified as visually impaired under Section 504/ADA would have an Accommodation Plan indicating the need for large print materials. Section 504/ADA School Contact’s Responsibilities: 1. Send a copy of the student’s Section 504/ADA Accommodation Plan to the Teacher of

Visually Impaired (TVI). 2. Provide book information to the TVI. This must include the Title, Copyright date, ISBN#

and Publisher. 3. Receive the books at your school. 4. Keep the boxes to return books to FIMC. 5. Return the books to FIMC – label the package as “Free Matter for the Blind.”

Teacher of Visually Impaired (TVI) Responsibilities: 1. Register the student by completing the FIMC Student Registration form. 2. Input the book order.

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Part III

Discipline

07/30/2009 49

DISCIPLINE

Section 504/ADA The Office for Civil Rights (OCR) has interpreted Section 504/ADA to limit local school authorities' unilateral control over discipline in much the same way as the Office of Special Education Programs (OSEP) has interpreted the IDEA. That is, students who are Section 504-eligible only, are entitled to a manifestation determination (Form MD-504) in the following cases which constitute a significant change in placement:

• when the student is considered for a long term removal of more than 10 consecutive days/expulsion or;

• when a series of short term removals (suspensions) creating a pattern of exclusion which exceeds 10 cumulative days.

The multidisciplinary team must consist of professionals who know:

• the student • the meaning of the evaluation data • the placement options

• A reevaluation must be conducted prior to a significant change in placement/expulsion. The

parent/guardian must receive notice (Form 504-5) and Procedural Safeguards Under Section 504/ADA prior to the reevaluation. The reevaluation shall consist of a review of student records and progress documented on Form 504-3, pages 1 and 2 and a manifestation determination (Form MD-504).

- If the reevaluation process conducted by the multidisciplinary team determines that the

misconduct is not a manifestation of the disability, the student may be disciplined in the same manner as non-disabled students. This can include placement in the Alternative Learning Center (ALC) or termination of all services, but must be equivalent to the way non-disabled students are treated. An expulsion is considered to be a significant change of placement.

- If the reevaluation process conducted by the multidisciplinary team determines that the

misconduct is a manifestation of the disability, the team must review/revise the 504 Accommodation Plan and review or complete a Functional Behavioral Assessment (FBA) and a Behavior Intervention Plan (BIP) and determine appropriate placement. Educational services must be offered. The services may include placement in the ALC or other appropriate services.

• Suspensions over 10 cumulative days are allowed if all of the following are satisfied:

- A manifestation determination (Form MD-504) has been completed. - No "pattern" of exclusion exists as determined by (a) length of each suspension, b)

proximity of the suspensions to one another, c) total amount of time the student is excluded from school.

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- If it is a manifestation of a disability, services must be continued during the suspension, which could be as simple as the schoolwork being given for completion for full credit during the term of the suspension.

• An exception to the Section 504/ADA manifestation determination rule states that schools may

take disciplinary action in situations where students are "currently engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against students who are not individuals with disabilities."

- No manifestation is required prior to the expulsion hearing in cases that the student is proven to be currently "using."

- In addition, in such a case the parents have no right to a Section 504 due process hearing to contest the disciplinary action. Parents still have the right to a hearing before the School Board in these cases.

♦ Note: According to OCR, possession of illegal drugs or alcohol does not automatically equate with "current usage" of drugs or alcohol. Thus, under OCR's interpretation, if marijuana is found in an ADHD student's locker, the student is entitled to all procedural protections (manifestation determination, right to due process) unless the school can show that the student is also "currently engaging in the use" of drugs/alcohol in addition to possessing them. 17 EHLER 609, 611 (OCR 1991).

• Students, whose parents/guardians decline placement in the ALC or another approved placement,

will be recommended for expulsion. (Adult Education, home education, private school, etc.) • There is no "45 day" rule for 504/ADA students for drugs or weapons as there is under IDEA. • Students and parents have due process rights including the right to a Section 504 Impartial Hearing

if in disagreement with the district. • There is no "Stay Put" provision under Section 504/ADA as there is under IDEA. In other words,

the student has no right to continuation of services in the current placement. • Refer to the Discipline Manual, Brevard County School Board, for further information. The

Discipline Manual is available on the Brevard Public Schools website on the Employees portal under Administrators and on the Teachers portal under Handbooks & Documents. Access is internal only.

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SCHOOL BOARD OF BREVARD COUNTY, FLORIDA 504 Manifestation Determination/Course of Action

Name ________________________________ Student # _______________________ Date ___________ DOB _______________ School ___________________________________________ Grade __________ 504 Disability _________________________________________________________ Number of days suspended already in school year ________________ Offense committed and date __________________________________ A review of the student’s records and progress relevant to the disability has been conducted. Answer the following questions, taking into consideration all relevant information, including any evaluations, teacher observations, or other relevant documentation, including any information supplied by the parents. Check One: Yes No ___ ___ 1. Was the conduct in question caused by or did it have a direct and substantial relationship to the child’s disability? ___ ___ 2. Was the conduct in question a direct result of the school district’s failure to implement the Accommodation Plan? NOTE: If the accommodation plan is NOT being implemented, further suspension is not appropriate and the 504 Committee MUST develop a plan to implement. Stop manifestation meeting, sign form, and develop plan to ensure implementation of the accommodation plan. If the 504 Committee answered “yes” to either 1 or 2 above, further disciplinary sanctions are not appropriate because the student’s behavior is considered to be a manifestation of disability. If the answer to both 1 and 2 is “no”, then further disciplinary sanctions/consequences are appropriate and should be documented below. Recommended disciplinary consequences where no manifestation found: _______________________ The following were present at the meeting (as reflected by signature): ____________________________________ _______________________________________________ Section 504 Contact Parent ____________________________________ _______________________________________________ School Administrator Teacher ____________________________________ _______________________________________________ Other Other ____________________________________ _______________________________________________ Other Other Attachment: PARENT/STUDENT RIGHTS AFFORDED BY SECTION 504/ADA OF THE REHABILITATION ACT OF 1973 10-20-05 MD-504

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07/09


07/30/2009 53

July 2009

Yes No Yes No Yes No

Yes No No Yes No

504 Student Commits Expellable Offense at School or at a School Function

Hold Administrative Hearing (AH) meeting (Send Letter #6). Complete Form 504-MD. Conduct 504 Plan review. Review or develop an FBA/BIP. *

Is behavior a manifestation?

Student could remain at current school or go to ALC. (Decision is based on 504 Plan Team’s recommendation and administrator input)

Student can be disciplined as a basic student. If ALC is placement and student attends ALC then Letter # 8 is sent. Student signs Stipulation/Conduct (S/C) Agreement for ALC. Expulsion packet is completed and held in abeyance. Student goes to ALC.

Letter # 8 is sent. Form D2 is signed. *

Student remains at current school

Does student comply with S/C Agreement?

Does student commit an expellable offense?

Student returns to regular public

school site at end of exclusionary

time period.

No AH is held. Meeting held to review 504 Plan and conduct 504 MD. Re-evaluation completed. *

AH is held uisng Letter # 11. 504 Plan is reviewed. 504-MD is completed. FBA/BIP are reviewed/revised. *

Student stays at ALC with reviewed 504 Plan and BIP unless parent and district agree to another placement. Expulsion packet does not go forward for action.



Letter # 10 is sent

504 re-evaluation is done. Letter #12 is sent. *

Expulsion packet goes to Board for action. Student is expelled with no services. Student returns to public school at end of first exclusionary period.

Student stays at ALC with reviewed 504 Plan and BIP unless parent and district agree to another placement. Expulsion packet does not go to School Board for action.

* Provide copy of Section 504/ADA Procedural Safeguards

07/30/2009 54

Part IV

Appendices

07/30/2009 55

APPENDIX A

PROCEDURAL SAFEGUARDS

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07/09


07/30/2009 57

APPENDIX B

SECTION 504/ADA PROCEDURES FOR EDUCATIONAL ADHD

DETERMINATION

07/30/2009 58

EDUCATIONAL ADHD DETERMINATION WITH AND WITHOUT MEDICAL DIAGNOSIS

Referral, Screening, Evaluation and Placement

Note: If the CST has completed the referral and screening process outlined in the general procedures of this manual, start with # 3A or # 3B of this Appendix - Evaluation

Factors indicating a need for a possible referral to the Child Study Team (CST) or Section 504/ADA Team include:

• Inappropriate behavior persists despite consistently implemented classroom-based intervention

• Frequent failures • Chronic health condition • Return to school following a serious illness or injury • Frequent disciplinary referrals • Past referrals to exceptional student education (where student did not qualify) • A disability is known or suspected

1. Referral to CST or Section 504/ADA Team:

• A medical condition triggers possible protection under Section 504/ADA and requires a referral.

• Invite parent to attend the CST or Section 504/ADA meeting (CST Parent Invitation Form) • Send or give Parent/Guardian the Section 504/ADA Parent Brochure. • When the referral is due to a medical condition, a 504/ADA evaluation may be initiated

immediately. Proceed to Step 3. 2. Screening:

CST considers and documents the following information:

Cumulative Review - Guidance record file - Report cards/grades - Standardized tests - School-based test records - Medical information - Vision/hearing screening - Retention/waiver of retention - History of academic concerns

Classroom

- Parent conferences - Teacher reports/observations - Academic interventions

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Attendance

- Absences - Tardies - Referral to Resource Teacher/Attendance

Behavior

- Discipline reports - Behavior interventions - Behavior checklists

CST decides: (document on a conference form)

• Further intervention needed (review, revise, implement and document) or

• Possible Exceptional Student Education (ESE) referral (refer to ESE procedures)

or

• Possible Section 504/ADA referral o For Educational ADHD Determination continue to:

♦ # 3A WITH Medical/clinical diagnosis

♦ # 3B WITHOUT Medical/clinical diagnosis

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# 3 A

EVALUATION PROCESS FOR EDUCATIONAL ADHD DETERMINATION

WITH

ADHD MEDICAL/CLINICAL DIAGNOSIS

Educators should never attempt to diagnose ADHD. Rather the educational staff determines on the basis of the school-related data collected whether or not there is a significant problem that requires specific educational considerations. SCHOOL PERSONNEL MAKE EDUCATIONAL ADHD DETERMINATIONS NOT DIAGNOSES. MEDICAL DIAGNOSES ARE REQUIRED FOR MEDICATION INTERVENTIONS NOT EDUCATIONAL INTERVENTIONS. I. Obtain Parental Consent (Section 504/ADA Parental Consent form 504-1), provide Section

504/ADA Brochure and Procedural Safeguards Under Section 504/ADA to parent/guardian. II. Obtain documentation of diagnosis. (Optional - Medical/Clinical Confirmation form.) III. Complete and document two observations. (Suggested form - Behavior Observation Record

form ADHD-2.) a. The student must be observed in more than one setting. b. Two professionals, other than student's teacher(s), must complete an observation. The

school psychologist may complete one observation. (To request an observation by the school psychologist, use - Request for Social Worker/Psychologist Assistance form SW/P).

IV. Complete one of the following instruments: Behavior Assessment Scale for Children Monitor

for ADHD (BASC Monitor), Attention Deficit Disorder Evaluation Scale by Hawthorne (ADDES) or Connors’ Rating Scale - revised (Long Version).

V. Review Academic Performance

a. Review screening information (i.e., group standardized achievement tests, grades, etc.) b. Complete the Classroom Performance form (elementary schools form ADHD-3; secondary

schools form ADHD-4). c. Optional: Administer IQ screening test and individual achievement test.

VI. Continue with # 4 of this Appendix, Eligibility (SKIP #3B).

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# 3 B

EVALUATION PROCESS FOR EDUCATIONAL ADHD DETERMINATION

WITHOUT

ADHD MEDICAL/CLINICAL DIAGNOSIS

Educators should never attempt to diagnose ADHD. Rather the educational staff determines on the basis of the school-related data collected whether or not there is a significant problem that requires specific educational considerations. SCHOOL PERSONNEL MAKE EDUCATIONAL ADHD DETERMINATIONS NOT DIAGNOSES. MEDICAL DIAGNOSES ARE REQUIRED FOR MEDICATION INTERVENTIONS NOT EDUCATIONAL INTERVENTIONS. I. Obtain Parental Consent. (Section 504/ADA Parental Consent form 504-1), provide Section

504/ADA Brochure, and Procedural Safeguards Under Section 504/ADA to parent/guardian. II. Complete Attentional/Activity Level Screening (form ADHD-1.)

a. Provide forms to parent(s)/guardian(s) and teacher(s). If parent/guardian does not return form, continue evaluation using data from the teacher's form.

b. Scoring criteria: Six (6) or more items endorsed as "often" or "very often" in Section I OR six (6) or more items endorsed as "often or "very often" in Section II.

c. If the majority of the Attentional/Activity Level Screening results are significant, proceed to "III".

d. If the majority of the Attentional/Activity Level Screening results are not significant, proceed to a CST Section 504/ADA Eligibility Meeting. (Refer to Eligibility Section)

III. Complete and document two observations. (Suggested form Behavior Observation Record,

form ADHD-2.) a. The student must be observed in more than one setting. b. The school psychologist must complete one observation. (To request observation by the

school psychologist, required form Request For Social Worker/Psychologist Assistance form SW/P.)

c. A professional, other than the student's teacher, must complete an observation. IV. Provide two evaluation instruments to teacher(s)

Provide two evaluation instruments to parent/guardian. If parent/guardian does not return forms, continue with assessment.

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Behavior Assessment System for Children (BASC-2)

OR

Achenbach forms (Teacher's Report Form for Ages 5-18, Child Behavior Checklist for Ages 4-18 for parent.)

AND

Connors' Rating Scales-Revised (L) long version

OR The Attention Deficit Disorders Evaluation Scale

(ADDES-Hawthorne) V. Complete Social History (Required form - Request for Social Worker/Psychologist, form

SW/P.) VI. Review Academic Performance

a. Review screening information (i.e., group standardized achievement tests, grades, etc.) b. Complete the Classroom Performance Form (elementary schools - form ADHD-3;

secondary schools - form ADHD-4.) c. Optional: Administer IQ screening test and individual achievement test.

VII. Continue with # 4 of this Appendix, ELIGIBILITY

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4. Eligibility

• The Section 504/ADA Team consists of a group of persons (minimum of 2 professionals) including professionals who are knowledgeable about the child (typically the classroom teacher), the meaning of the evaluation data, and the placement options.

• Review all information considered during the referral, screening, and evaluation process.

• Determine, based on the above information, whether the student has a physical or mental impairment which substantially limits a major life activity. The determination is not based on the existence of a condition or impairment but rather by its impact on the individual.

• The disability must be currently limiting, not potentially or hypothetically limiting.

a) Physical or Mental Impairment:

The legal definition does not identify a list of specific diseases and conditions that constitute physical or mental impairment because of the difficulty of ensuring the comprehensiveness of the list. The term includes (a) "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory (including speech organs); cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine; OR (b) any mental or psychological disorder, such as mental retardation; organic brain syndrome; emotional or mental illness; and specific learning disabilities."

Examples: Non-Examples: ADHD students who are not LEP students LD, EBD, or OHI Low SES students Diabetics Students with low I.Q. Asthmatics Slow learners without suspected disabilities Personality traits

b) Major Life Activities:

The impairment need only substantially limit one major life activity to be eligible for protection under Section 504/ADA. Examples of major life activities include:

Walking Breathing Eating Seeing Learning Sleeping Hearing Working Standing Speaking Caring for One’s Self Bending Performing Manual Tasks Reading Thinking Concentrating Communicating Lifting

07/30/2009 64

Each of the major life activities is viewed globally. The major life activity most relevant in the educational context is Learning or access to Learning.

Examples: Non-Examples: Total report card Not just math A series of "F's" Not just 2 "F's" Total Grade Point Average (GPA) Not one area Evidence of a pervasive

problem in learning Not one specific problem: Poor organization skills Poor written expression

c) Substantially Limits:

The term must determine if there is a "substantial" limitation, not a "MILD or MODERATE" limitation. The legal trend indicates the relevant frame of reference for this comparison to be the average student of the same age in the general population. This means the team compares a student to the national population (same age/grade) and not to the student's individual potential. If the major life activity identified is Learning, standardized achievement tests (normative data and percentiles) are recommended as one of the sources in the evaluation.

Example: Non-examples: • Standardized achievement test

scores at or below the 10th %ile.

• Average student with standardized test scores above the 30th %ile

• Student who qualifies for the Gifted Student Program with average grades

The "Office for Civil Rights (OCR) has determined that a student who is succeeding in regular education - the achievement of passing marks and advancement from grade to grade - without modifications does not have a disability which substantially limits the ability to learn." (Section 504 Compliance Advisor, Volume 3, Issue 10, December 1999.) If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment, substantial limitation and major life activity) of Section 504/ADA eligibility but needs accommodations, the school should provide them under its general mission of meeting the needs of all students, i.e., good teaching strategies/practices not under a Section 504/ADA Accommodations Plan. (Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12, January 14, 2000.)

07/30/2009 65

• Determine whether the student is or is not eligible for services under Section 504/ADA. The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options.

IS ELIGIBLE IS NOT ELIGIBLE - Complete eligibility form - Stop process - Refer to placement procedures - Document on an eligibility form your

ineligible determination - File paperwork in the Guidance Record Folder

REMEMBER: IF THERE IS NOT A SUBSTANTIAL LIMITATION

OF AT LEAST ONE MAJOR LIFE ACTIVITY (BREATHING, WALKING, LEARNING, HEARING, SEEING, ETC.),

THE STUDENT IS NOT ELIGIBLE. 5. Placement – Accommodation Plan: Once a student is identified as being eligible under Section 504/ADA, a decision must be made regarding the type of services the student needs. • The Section 504/ADA team consists of a group of persons (minimum of 2 professionals) including

professionals who are knowledgeable about the child (typically the classroom teacher), the meaning of the evaluation data, and the placement options.

• Procedure: The Section 504/ADA team will meet as a group and will include the classroom teacher’s input to develop an Accommodation Plan necessary to meet the individual needs of the student. Invite parent/guardian if this meeting takes place separate from the eligibility meeting. Refer to Appendix C for sample modifications.

- Write Accommodation Plan (Accommodation Plan Form 504-4) - Input data on TERMS (Input data form - Optional, Appendix F) - Disseminate copies to parent/guardian and all appropriate teachers/personnel who will

be implementing the accommodations - Give parent/guardian Procedural Safeguards Under Section 504/ADA - Obtain signatures on the Dissemination Log for Teachers, Section 504/ADA - Implement plan - Current teachers/personnel are responsible for implementing the

accommodations. - File Active 504/ADA paperwork in a Section 504 folder.

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6. Review Procedures:

Yearly Review Procedures

• Review Accommodation Plan

NO CHANGES: CHANGES: - NO Meeting - Schedule Meeting

- If changes - schedule 504 meeting and

invite parent(s) to revise plan (Invitation to Parent/Guardian - optional)

- Revise plan and continue to implement. Give parent/guardian copy of revised plan and Procedural Safeguards Under Section 504/ADA

- Disseminate revised copies to appropriate teacher(s)/personnel

Teachers must implement Section 504/ADA accommodations documented on the SECTION 504/ADA, ACCOMMODATION PLAN (Form 504-4) for eligible students. Procedures to ensure accountability in this area are as follows:

• Section 504/ADA School Contacts notify teachers if they have an eligible Section 504/ADA student.

• The Section 504/ADA School Contact provides copies of the student’s Section 504/ADA

Accommodation Plan to appropriate teachers and staff.

• Teachers keep a copy of the Section 504/ADA Accommodation Plan in their lesson plan book for reference/reminder.

• The Section 504/ADA School Contact will secure appropriate signatures on the

DISSEMINATION LOG FOR TEACHERS, SECTION 504/ADA form(s). Copy this form as needed.

• The Section 504/ADA School Contact files the original DISSEMINATION LOG FOR

TEACHERS, SECTION 504/ADA forms in the student’s Section 504/ADA file.

• Teachers provide notice of Section 504/ADA identified students and location of the Accommodation Plans for substitute teachers.

07/30/2009 67

Three Year Reevaluation Procedures Reevaluation is required at least every 3 years or more frequently if conditions warrant and prior to a significant change of placement. OCR defines a significant change of placement as a substantial and fundamental change in a student’s educational program. Examples of a significant change of placement: suspensions that exceed 10 consecutive school days, a series of short term suspensions that result in a pattern of exclusion, transferring a student from one type of program to another, terminating (dismissal) or significantly reducing a related service.

Notice the parent/guardian of reevaluation (Section 504/ADA Informed Notice for Reevaluation – Form 504-5)

Give parent/guardian copy of Procedural Safeguards Under Section 504/ADA

Review Accommodation Plan and decide if further evaluation is necessary to continue reevaluation process.

Administer any new evaluation(s)

Schedule meeting and notify parent of reevaluation date (Section 504/ADA Invitation – Form 504-6)

Review current information

Complete NEW Eligibility Form 504-3, pages 1 and 2. If continuing eligibility of 504/ADA, • Develop a NEW Accommodation Plan (Accommodation Plan Form 504-4) • Provide coy of new Accommodation Plan to parent/guardian • Provide parent/guardian Procedural Safeguards Under Section 504/ADA • Input data on TERMS (Use of Input Data Form - optional) • Disseminate copies to all appropriate teacher(s)/personnel • Obtain signatures on the Dissemination Log for Teachers form • Implement new Accommodation Plan – Current teachers/personnel are responsible for

implementing the accommodations.

Dismissal Procedures

If dismissal from 504/ADA is determined based on a reevaluation, • Complete and sign eligibility form that states dismissal (Form 504-3) • Provide parent/guardian copy of Section 504/ADA Eligibility (Form 504-3, pages 1 & 2) • Input dismissal data on TERMS (Input Data Form - optional) • File Inactive 504/ADA paperwork in Guidance Record Folder

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APPENDIX C

SAMPLE ACCOMMODATIONS

07/30/2009 69

CONTENTS

SUGGESTIONS FOR ACCOMMODATIONS

•

•

General Accommodations

Accommodations for Specific Disabilities - Juvenile Arthritis - Asthma - ADHD - Tourette's Syndrome - Diabetes - Chronic Fatigue Syndrome - Reading Disabilities (Dyslexia) - Asperger's Syndrome - Extra Curricular Activities

07/30/2009 70

GENERAL ACCOMMODATIONS

Physical Arrangement of Room:

• • • • • •

Provide distraction free space (air conditioner, high traffic area, etc.) Seating student near teacher or in front or back of class. Seating student near a positive role-model Increasing the distance between desks Use adaptive furniture Seat student in a "quiet place" in classroom

Lesson Presentation:

• • • • • • • • • • • • • • • • • • • • • •

Stand near the student when giving directions or presenting lessons. Use on task reminders Write key points on the board Provide peer tutoring Provide visual aids Provide peer notetaker Make sure directions are understood Include a variety of activities during each lesson Break longer presentation into shorter segments Provide written outline Allow tape recorded lessons Allow student to review key points orally Teach through multi-sensory modes Use computer-assisted instruction Use techniques to highlight directions and instructions - circle, underline, color Use mindmapping and graphic organizers Use several verbal prompts to initiate a task Repeat or clarify directions Read directions individually Provide augmentative devices Use sign language, Braille, or large print Increase spacing between items and/or limited items presented per page

Transportation

•

•

Transportation may be necessary to afford an equal opportunity for participation. This must be documented on the Accommodation Plan. Transportation may be arranged through the Area Transportation Supervisor

07/30/2009 71

Assignment/Worksheets:

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

• • • • • • • • • •

Give extra time to complete tasks Simplify complex directions Hand worksheets out one at a time Reduce the reading level of the assignments Require fewer responses to achieve grade Allow tape recorded assignments/homework Provide a structured routine in written form Provide study skills training/learning strategies Give frequent short quizzes and avoid long tests Shorten assignments; break work into smaller segments Allow typewritten or computer-printed assignments Use self-monitoring devices Reduce homework assignments Pair students to check work Fax homework/classwork to parents Provide one-to-one assistance to complete written tasks Lavish verbal praise/recognition to continue a task Use spell checker or spelling dictionary Use manipulatives Use reader to read text Use calculator/abacus or arithmetic tables Vary assignment length from day to day Adjust the conceptual level Provide time suggestions for each task Require an assignment notebook-check often Write assignments on the board Return corrected homework assignments promptly with specific feedback Provide varied types of assignments (i.e., writing tasks, drawing, interviewing, projects, etc.) Tell the students what they will learn from the assignment Provide chapter study guides which include: vocabulary, content outline, close paragraphs, chapter tests. Tape the student's text Allow extra time for reading Use a worksheet to guide independent reading Provide speculation and prediction questions Teach proper use of index and table of contents Teach planning-scanning techniques Use choral activities Use voice intonation to stress points Quiz students on lecture Summarize key points

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Special Considerations:

• • • • • • • • •

Suggest parenting program(s) Monitor student closely on field trip Inservice teacher(s) on child's disability Provide social skills group experience Develop intervention strategies for transitional periods (e.g., cafeteria, physical education, etc. Suggest agency involvement Provide group/individual counseling Ask parents to share the strategies they have found successful Provide small work breaks

Test Taking:

• • • • • • • • • • • • • • • • •

Allow open book exams Give exam orally Use more objective items (fewer essay questions) Allow student to give test answers on tape recorder Give frequent short quizzes, not long exams Allow extra time for tests/exams Read test item to student Use sign language, Braille, or large print Use augmentative devices Use more white space between items Reorganize tests for clarity Announce remaining time and/or timed tests at regular intervals Give clear directions for each test section Ask questions requiring short answers Provide study questions which address the format as well as the content of the test Teach test taking skills Provide modification for FCAT, etc., as indicated in the Administrator's Manual.

Organization:

• • • • • • •

Provide peer assistance with organizational skills Assign volunteer homework buddy Allow student to have an extra set of books at home Send daily/weekly progress reports home Develop a reward system for in-schoolwork and homework completion Provide student with a homework assignment notebook, or calendar of assignments Encourage use of colored folders, colored pens/pencils, post notes

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Behaviors:

• • • • • • • • • • • • • •

Praise specific behaviors Use self monitoring strategies Give extra privileges and rewards Keep classroom rules simple and clear Make "prudent use" of negative consequences Allow for short breaks between assignments Cue student to stay on task (nonverbal signal) Mark student's correct answers, not his mistakes Implement a classroom behavior management system Ignore inappropriate behaviors not drastically outside classroom limits Allow legitimate movement Contract with the student Increase the immediacy of rewards Implement time-out procedures

Motivation:

• • • • • • • • • •

Provide verbal praise and positive reinforcement Use field trips and other "hands on" experiences Use pictures, graphs, etc., to promote interest Alternate learning activities to provide variety Pair the student with a partner Utilize games and competitive charting Post work in the classroom Use word searches, crossword puzzles and other methods to learn printed material Use computers to reinforce concepts Allow a student to teach

Writing:

• • • • • • • • • •

Use computer word processing programs Allow students to use typewriters, tape recorders, computers and manuscript paper Teach students to proofread Allow students to dictate work Allow more time Decrease the amount of required written work Provide practice with story starters and beginning of interesting articles Have the student write daily Post good examples of writing Praise legible handwriting

07/30/2009 74

ACCOMMODATIONS FOR SPECIFIC DISABILITIES

Juvenile Arthritis:

• • • • • • •

Extra time to change classes Allow stretch breaks Modify written, timed tests, homework assignments and note taking Allow use of felt tip pens Assign buddy to carry books, etc. Use of second set of textbooks for home Allow child to self-limit activity

Source: Section 504 Compliance Advisor; Volume 3, Issue 5: July 1999.

Asthma:

•

•

•

Control Asthma Triggers: - Eliminate as many known triggers as possible - Schedule pest control when students are not in the area - Adjust schedules when condition worsened by pollen or cold

Develop/Follow Asthma Management Plan which may contain:

- Modify physical activities as directed by the physician - Asthma symptoms - How to contact the student's health care provider and either parent - Allow student to carry medications, if needed - List of factors that make asthma worse - Allow for student's personal best peak flow reading if the student uses peak flow

monitoring - List of student's asthma medications - Include recommended actions for school personnel to help handle asthma episodes

Provide convenient access to the Plan for all on and off site activities/personnel, before, during and after school

(Source: Section 504 Compliance Advisor; Volume 3, Issue 8; October 1999.)

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ADHD: • • • • • • • • • • • • • • • •

Seat student at or near front of classroom Provide increased distance between desks Get student's attention before starting class instruction Give instructions one at a time Allow standing during seat work Provide breaks between assignments Provide flexible movement opportunities Reduce number and length of assignments Provide large spaced paper Allow use of highlighter Allow notetaker Use buddy system Provide test accommodations Allow use of notebook with dividers Use timer for pacing Establish a signal system

Tourette's Syndrome:

• • • • • • •

Use a tape recorder, typewriter or computer for reading and writing problems Provide test accommodations Provide copies of overheads and class notes Allow extra time to complete class work Require less homework Provide safe place to go when motor/vocal tics become overwhelming Provide flexible movement opportunities

Diabetes:

• • •

• • •

Provide private place to do blood sugar testing. Consider physical education scheduling Develop emergency plan consisting of physician's order and permission form on file to allow specified emergency procedures Allow to eat whenever/wherever necessary Allow restroom flexibility Adjust absences policy

07/30/2009 76

Chronic Fatigue Syndrome:

• • • • • • •

Provide a buddy to help with reading Provide books on tape Modify school assignments during periods of illness Issue student a second set of textbooks Allow extra time to complete assignments Consider transportation needs Allow for short breaks

Reading Disabilities (Dyslexia):

• • • • • •

Allow Highlighting in text Utilize recordings for the Blind and Dyslexic Provide notetaker Use multisensory instructional methods Allow extra time on tests Excuse from class 5 minutes early to copy notes

Asperger's Syndrome:

• • •

Provide predictable environment Minimize transitions Provide consistent daily routine

Extracurricular Activities: •

•

When a reasonable accommodation is necessary to enable a disabled student to participate, the school district is required to modify non-essential eligibility requirements. Wheelchair accessible buses are available on a scheduled basis to provide accommodation for classroom field trips.

07/30/2009 77

APPENDIX D

QUESTIONS & ANSWERS

07/30/2009 78

APPENDIX: QUESTIONS AND ANSWERS

GENERAL

? Is parental consent required prior to each Section 504/ADA evaluation? Parental consent is required for an initial Section 504/ADA evaluation. Subsequent evaluations (reevaluations) would only require notice to the parents.

? When should the three year reevaluation be completed? The reevaluation is due three years from the most current eligibility date.

? Are all students with reading disabilities (dyslexia) to be accommodated under Section 504/ADA?

No. Varying means of identifying reading disabilities (dyslexia) will find varying degrees of severity. Some dyslexic students will need Section 504/ADA accommodations for a substantial limitation, and others will not.

? Could a GSP student be eligible under Section 504/ADA? Yes. GSP students are not covered under IDEA as “gifted” is not a disability. A gifted student may have an impairment which initiates the Section 504/ADA process.

? Should a request for Section 504/ADA records be included in a records request from out-of-county or out-of-state schools?

Yes. All records, including Section 504/ADA, would be requested from each school. Eligibility should then be determined according to the Brevard Public Schools, Florida procedures.

? Is it possible for a student to be Section 504/ADA in one district and not eligible in another? Yes. A natural result of the OCR position that no standard definition of “substantially limits” will be provided by the U.S. Department of Education (Appendix A to the Section 504/ADA regulations, p. 419) is that eligibility will vary among districts. That result is further guaranteed by OCR’s position that each district is responsible for determining what the phrase means. [Letter to McKethan, 23 IDELR 504 (OCR 1994) Source from What To Do When….The Answer Book For Section 504, Susan Gorn] Since the phrase “substantially limits” is the sticking point in eligibility, and since every district can define the phrase for itself, the answer should be no surprise that a student eligible in one district, might not be eligible in another.

? When are we required to give parents their Procedural Safeguards Under Section 504/ADA?

1. Upon parent consent for initial evaluation 2. At eligibility meeting 3. Upon notice of reevaluation 4. Prior to a significant change in placement (reevaluation required)

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5. Upon request for an Impartial Hearing 6. Whenever a parent request a copy

? Do Section 504/ADA students get only 45 days in abeyance?

No. There is no "45 day" rule for Section 504/ADA.

? May school districts consider “mitigating measures” used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student’s use of mitigating measures in determining whether that student had a physical or metal impairment that substantially limited that student in a major life activity. In the ADA Amendments Act, however, Congress specified that the ameliorative effects of mitigating measure must not be considered in determining if a person is an individual with a disability.

Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of “mitigating measure.” The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary 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.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. “Ordinary eyeglasses or contact lenses” are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas “low-vision devices” (listed above) are devices that magnify, enhance, or otherwise augment a visual image. (Source: Office for Civil Rights, Protecting Student With Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities)

? How is the Medical Confirmation Form used? This form is optional to allow documentation of the student’s condition. Other documentation that may be used is a note or a fax from the doctor or professional clinician.

? Why would a Section 504/ADA student be dismissed? The student is dismissed if the student no longer has an impairment that substantially limits a major life activity.

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? What if a parent refuses consent for Section 504/ADA? Districts may, but are not required to, initiate a due process hearing when a parent refuses to consent to a student’s initial evaluation.

? What if a parent received proper notice including Procedural Safeguards for a reevaluation and refuses to allow the Section 504/ADA Team to complete the evaluation?

If the district is not allowed to determine if the student remains an eligible Section 504/ADA student, the district can terminate the plan. This requires documentation of refusal by the parent on a conference report. Provide parents a copy of the conference report and Procedural Safeguards Under Section 504/ADA.

? Are the new 504/ADA forms available in Spanish?

Not yet. Until they are available, contact your Area Office for an interpreter when needed.

IDEA/ESE

? May a Section 504/ADA student take an ESE (learning strategies) class through ESE as an accommodation?

No. The student must be an ESE eligible student to have services from an ESE teacher. You may not place a student in an ESE class without an eligibility staffing/IEP.

? If a student is dismissed from ESE/IDEA, is he automatically written a Section 504/ADA

accommodation plan? No. The dismissal from the ESE/IDEA program implies that the student no longer needs services for the disability. If the disability is severe enough to warrant a continuation of services of some sort, a Section 504/ADA accommodation plan should not be used as a substitute for ESE services that need to continue. Section 504/ADA is not a “safety net”. The student would need to meet Section 504/ADA eligibility criteria. However, a former ESE student with another impairment i.e. asthma, may be eligible under Section 504/ADA.

? After receiving parental consent for a Section 504/ADA evaluation, the CST administers an IQ screener and an achievement test. Later, the CST discovers that an ESE route should have been taken. Can the CST use the current data from these instruments for an ESE evaluation.

Yes. The IDEA/ESE regulation states, “as part of an initial evaluation and part of any reevaluation” you must review the existing evaluation data on a child. Based on that review, you decide what additional information, if any, is needed. When the parental consent for the ESE evaluation is obtained, the prior Section 504/ADA evaluation data would become part of the determination in the ESE evaluation. (P. Howard, Student Services, Florida Department of Education, e-mail, April 17, 2000.)

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PRIVATE/CHARTER/SCHOOL OF CHOICE SCHOOLS

? Do public schools evaluate, write or review Section 504/ADA accommodation plans for private

schools? No. If a private school receives federal funds, they must evaluate, write and review their own plans.

? Are ‘schools of choice’ and charter schools responsible for Section 504/ADA? If so, to what extent are they expected to accommodate Section 504/ADA students?

Yes, ‘schools of choice’ and charter schools are public schools. Any school receiving any federal funds must provide for the Section 504/ADA student. The accommodation must be carried out to the same specifications of the law.

? Are public schools responsible for providing ADHD checklists for the private schools? No. The public school is not responsible for purchasing or providing ANY protocol, i.e., ADHD checklists to a private school.

MEDICATION & ADHD

? Can a school tell a parent to put a child on medication or keep him home until he is on medication?

No. It is against the law to demand or require medication intervention.

? If a student is taking Ritalin with no record of an ADHD diagnosis, and the parents request a Section 504/ADA accommodation plan, does he automatically get one?

No. The CST needs to convene and consider an evaluation. If the CST does not recommend further evaluation, the parent must be given a written statement explaining why the request has been denied. (Use ESE form A2 as a guide and include Section 504/ADA Procedural Safeguards and Section 504/ADA Brochure.)

ACCOMMODATIONS

? Can the use of a “scribe” be a test accommodation? All accommodations must be the same or nearly the same as accommodations used by the student in completing classroom instruction and assessment activities on a regular basis. The test modification may NOT provide the student with an unfair advantage or interfere with the validity of the test. So, regardless of what the Section 504/ADA plan states, the determination of whether the accommodation is allowed for a test, has to be based on what accommodations are made to the student’s daily instructional program. If it is not part of the student’s daily instructional program – then no modification. The administration manual takes precedence over the Section 504/ADA accommodation plan.

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APPENDIX E

FORMS

07/30/2009 83

BREVARD PUBLIC SCHOOLS, FLORIDA Section 504/ADA

PARENTAL CONSENT FOR INITIAL SECTION 504/ADA EVALUATION

Name (Legal Name)

Student #

School

Date

A copy of the Notice of Parent and Student Rights Under Section 504 of the Rehabilitation Act of 1973 Section 504 and the Americans with Disabilities Act (ADA) is provided to you so that you are advised of you and your child's rights under Section 504/ADA. All the rights are designated with respect to any actions regarding the identification, evaluation, or educational placement of your child under Section 504/ADA. Please sign below to give your permission for Initial Section 504/ADA Evaluation. To conduct the evaluation, the Section 504/ADA Team will gather a variety of evaluative data about your child and review it. The evaluation will assess specific areas of your child's educational needs. I grant permission for Brevard Public Schools, Florida to conduct a Section 504/ADA evaluation. I have received a copy of the Procedural Safeguards Under Section 504/ADA.

Please sign and date: ________________________________________________________________________ Signature of parent/surrogate parent/guardian or adult student Date Signed

If you have questions concerning the information in this document, you may contact your school's section 504/ADA Contact Person______________________________________ at (_____)_________________, or the person in your district responsible for assuring compliance, District Section 504/ADA Coordinator, Director of Program Support Services at (321) 631-1911, extension 520. Attachment: Procedural Safeguards Under Section 504/ADA

7/9/09 Original: Guidance Record Folder Copy: Parent/Guardian 504-1 07/30/2009 84

School Board of Brevard County, Florida Dissemination Log for Teachers

Section 504/ADA

Date: _________________________ To: __________________________ _________________________ Teacher Subject/Grade This is to inform you that ___________________________________________________ Student’s Name has been identified as a disabled student as defined under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (Section 504/ADA). Section 504/ADA are Civil Rights Acts, which protect the civil and constitutional rights of persons with disabilities. An eligible Section 504/ADA student is entitled to accommodations that will assist him/her to access general classroom curriculum to the same extent as students without disabling conditions. I have attached the student’s Section 504/ADA Accommodation Plan, which identifies accommodations recommended by the Section 504/ADA Team. By law, you are required to implement these accommodations. Keep a copy of the Accommodation Plan in your plan book for reference and audit purposes. PLEASE SIGN/DATE THIS FORM AND RETURN TO ME. Thank you in advance for your cooperation. ___________________________________ Signature Section 504/ADA School Contact I have received a copy of the above student’s Section 504/ADA Accommodation Plan and agree to implement the accommodation. ___________________________________ _________________ Signature Date File original form in student’s Section 504 file 7/30/07 504-2

07/30/2009 85

7/28/2009 Original: Guidance Record File Copy: Parent/Guardian 504-3 Page 1 of 2

BREVARD PUBLIC SCHOOLS, FLORIDA SECTION 504/ADA ELIGIBILITY

__________________________________________ _________________________ __________________ Name Student # Grade ___________________ ____________________________________________ __________________ Birth Date School Date

PART A: EVALUATION Cumulative Review _____Guidance Record Folder_________________________________________________________________________ _____Report Card/Grades ____________________________________________________________________________ _____Standardized Tests ____________________________________________________________________________ __________________________________________________________________________________________________ _____School Based Test Records _______________________________________________________________________ __________________________________________________________________________________________________ _____Medical Information ____________________________________________________________________________ _____Vision/Hearing Screening ________________________________________________________________________ _____Retention/Waiver of Retention ____________________________________________________________________ _____History of Academic Concerns ____________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Classroom _____Parent Conferences _____________________________________________________________________________ _____Teacher Reports/Observations ____________________________________________________________________ _____Academic Interventions _________________________________________________________________________ __________________________________________________________________________________________________ Attendance _____Absences/Tardies_______________________________________________________________________________ Behavior _____Discipline Records ____________________________________________________________________________ _____Behavior Interventions ________________________________________________________________________ _____Behavioral Checklists _________________________________________________________________________ _____Functional Behavior Assessment (Refer to Positive Behavior Support Manual) ____________________________ Educational ADHD Determination Data (Without diagnosis only) _____Attention/Activity Level Screening. Attach form ADHD-1 _____Work Samples (attach) _____Two Behavior Observation Records in Different Settings (attach) _____ One by School Psychologist _____ One by Other Professional (Not the Teacher) _____ Instruments: (Choose one) _____ Behavior Assessment System for Children (BASC) OR _____ Behavior Checklist (Achenbach) AND (Choose one) _____ Connors-R Long Version OR _____ ADD Evaluation Scales (ADDES - Hawthorne) _____ Social History by School Social Worker _____ Academic Performance (Form ADHD-3 or Form ADHD-4)

07/30/2009 86

PART B: ELIGIBILITY DETERMINATION

1. Specify the mental or physical impairment: _____________________________________________________ 2. Specify the major life activity: _______________________________________________________________ 3. Place an "X" on the following scale to indicate the specific degree that the impairment ( #1) limits the major life

activity ( # 2): • Make sure the team focuses on the major life activity as a whole (e.g. learning), not in a particular class (e.g. math)

or for a particular sub-area (e.g. socialization). • Discount from the analysis sub-par performance due to other factors, such as normal moods, lack of motivation,

and the immediate situation or environment. • Use the average student in the general population as the frame of reference for purpose of comparison.

Summarize the specific information evaluated by the team that justifies the rating:

4. _____The student is eligible under Section 504/ADA (Reevaluation Due Date:__________________________)

_____The student is not eligible under Section 504/ADA. _____The student continues to be eligible under Section 504/ADA. (Reevaluation Due Date: ______________) _____The student is dismissed from Section 504/ADA. (Dismissal effective - date _______________________)

PART C: ELIGIBILITY TEAM

Eligibility Team Members: (Fill in names and check ( ) whether knowledgeable about the….)

Meaning of Signature Child Evaluation Data Placement Options _________________________________ ______ ______ _______

_________________________________ ______ ______ _______ _________________________________ ______ ______ _______ _________________________________ ______ ______ _______ _________________________________ ______ ______ _______ _________________________________ ______ ______ _______ ___ I have received a copy of Procedural Safeguards Under Section 504/ADA ___________________________________ Parent/Guardian Signature ___ This form and a copy of Procedural Safeguards Under Section 504/ADA provided to Parent/Guardian by U.S. Mail on ______________________________ (date)

7/28/2009 Original: Guidance Record File Copy: Parent/Guardian 504-3 Page 2 of 2

5 4 3 2 1

Extremely Substantially Moderately Mildly Negligibly

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

07/30/2009 87

7/10/09 Original: Guidance Record File Copy: Parent 504-4


ACCOMMODATION PLAN

__________________________________ _____________________________ __________________ Name Student # Grade ____________________ ___________________________________ Birth Date School

1. Area of Difficulty: ___________________________________________________________________ Specific Accommodation(s): Person(s) Responsible _______________________________________________________ __________________________ _______________________________________________________ __________________________ 2. Area of Difficulty: ___________________________________________________________________ Specific Accommodation(s): Person(s) Responsible _______________________________________________________ __________________________ _______________________________________________________ __________________________ 3. Area of Difficulty: ___________________________________________________________________ Specific Accommodation(s): Person(s) Responsible _______________________________________________________ __________________________ _______________________________________________________ __________________________ 4. Behavior Difficulty: ___________________________________ Person(s) Responsible Refer to the Behavior Intervention Plan based on __________________________ Functional Behavior Assessment – (attach) __________________________ I understand that my student is receiving accommodations in the classroom that may not be allowable on state and district wide standardized testing. I give do not give my consent to continue these accommodations in the classroom. Parent/Guardian Signature: ____________________________________ Meeting #1 Date: _______________ _________________________________ _____________________ __________________________ Knowledgeable about the meaning of evaluation data Placement options Other Professional ________________________________________________________ __________________________ Knowledgeable about the student Parent/Guardian

Meeting #2 Date: _______________ _________________________________ ____________________ __________________________ Knowledgeable about the meaning of evaluation data Placement options Other Professional ________________________________________________________ __________________________ Knowledgeable about the student Parent/Guardian

Meeting #3 Date: _______________ _________________________________ ____________________ __________________________ Knowledgeable about the meaning of evaluation data Placement options Other Professional ________________________________________________________ __________________________ Knowledgeable about the student Parent/Guardian

07/30/2009 88

BREVARD PUBLIC SCHOOLS, FLORIDA SECTION 504/ADA

INFORMED NOTICE FOR REEVALUATION

Student Name:____________________________________ Student #:_______________________ School:____________________________________ Date:_____________________________ Dear Parent/Guardian:

A Section 504/ADA reevaluation is required at least every three years and prior to a significant change of placement. The purpose of this reevaluation is to determine whether the student continues to be eligible under Section 504/ADA. The Section 504/ADA Team will schedule a meeting to review existing data and any additional data needed for the reevaluation. You will be invited to attend. A copy of the Procedural Safeguards Under Section 504/ADA is attached.

We look forward to having your participation in this meeting. If you have any questions, please call me at:

(_____)_______________________.

Sincerely, ____________________________________ Section 504/ADA Contact

6/26/09 Original: Guidance Record File Copy: Parent 504-5

07/30/2009 89

BREVARD PUBLIC SCHOOLS, FLORIDA Section 504/ADA Meeting Invitation

Date: __________________ Dear Parent/Guardian: You are invited to attend a Section 504/ADA

____eligibility ____reevaluation ____annual review

meeting for your child, _____________________________________, with the Section 504/ADA Team at ____________________________ scheduled on ________________, School Date from _________ to __________ . The purpose of this meeting is to review relevant data and determine whether your child

_____ is eligible _____ continues to be eligible under Section 504/ADA _____ needs a revision to the Section 504/ADA Accommodation Plan

We look forward to having you participate in this meeting. If you have any questions, please call me at: _________________________________. Special Accommodations: If you need accommodations, please contact me at least 5 days before this meeting. Sincerely, ______________________________________ ______________________________ Name Position

7/10/09 Original: Parent/Guardian Copy: Guidance Record File 504-6

07/30/2009 90

WHAT IS SECTION 504?

Section 504 is the section of the Rehabilitation Act of 1973 which

applies to persons with disabilities. It is a civil rights act which

protects the civil and constitutional rights of persons with

disabilities. Section 504 prohibits organizations which receive

federal funds from discriminating against otherwise qualified

individuals solely on the basis of disability. Section 504 is

enforced by the U. S. Department of Education, Office for Civil

Rights (OCR).

WHAT IS ADA?

The Americans With Disabilities Act (ADA) extends the Section

504 civil rights protections prohibiting discrimination against

individuals with disabilities to most of the private sector and to

sections of state and local government. It guarantees equal

opportunity for individuals with disabilities in public

accommodations, employment, transportation, state and local

government services and telecommunications.

HOW DOES SECTION 504/ADA DEFINE "DISABLED"?

A person is considered "disabled" if he/she

1. has a physical or mental impairment which substantially limits

one or more major life activities;

2. has a record of such an impairment, or

3. is regarded as having such an impairment.

In addition to school-aged children who are eligible for special

education services, this includes, for example, persons with

communicable diseases, temporary disabling conditions, attention

deficit hyperactivity disorder (ADHD), chronic asthma and severe

allergies, physical handicaps, and diabetes.

WHAT IS A "MAJOR LIFE ACTIVITY"?

Major life activities include such things as walking, seeing, hearing,

speaking, breathing, learning, working, caring for oneself,

performing manual tasks, eating, sleeping, standing, lifting,

bending, reading, concentrating, thinking and communicating. This

list is not exhaustive.

WHAT TYPES OF DISCRIMINATION DOES SECTION

504/ADA PROHIBIT?

1. Denial of the opportunity to participate in or benefit from a

service which is afforded non-disabled students.

* denying credit to a student whose absenteeism is related to

the disability, refusing to dispense medication to a student with

ADHD.

2. Denial of opportunity to participate in or benefit from services

which are equal to that afforded others.

* refusing equal opportunity to participate in extra-curricular

activities.

3. Denial of aids, benefits or services which are as effective as

those provided to others. Equally effective means equivalent,

not identical, and must afford an equal opportunity, not equal

results.

* refusing preferential seating to an ADHD student.

4. Denial of the opportunity to participate on a planning or

advisory board because of an individual's disabling condition.

5. Selecting a site or location which effectively excludes persons

with disabilities or subjects them to discrimination.

* holding a student event at an inaccessible site.

6. Aiding or perpetuating discrimination by providing assistance

to an organization which discriminates.

* sponsoring a student organization which excludes persons

with disabilities.

WHAT DOES ADAPTING

FOR SPECIAL NEEDS MEAN?

If a student is determined to be disabled under Section 504/ADA,

the district must make an individualized determination of the child's

educational needs for regular or special education or related aids

and services. For children determined to be disabled under Section

504/ADA, implementation of a Section 504/ADA Accom-

modation Plan is one means of meeting the free appropriate

public education requirements of Section 504/ADA.

Should it be determined that the student is disabled for the purposes

of Section 504/ADA and needs only adjustments in the regular

classroom rather than special education, those adjustments are

required by Section 504/ADA. A range of strategies is available to

meet the educational needs of children with disabilities. The

school's Child Study Team (CST) can assist with identifying the

appropriate educational adaptations and interventions for many

children with disabilities.

HOW DOES SECTION 504/ADA DEFINE

"APPROPRIATE EDUCATION"?

A free appropriate education is one provided by the public

elementary or secondary school which includes regular or special

education and related aids and services that (i) are designed to meet

the individual educational needs of persons with disabilities as

adequately as the needs of non-handicapped persons are met, and

(ii) are based upon adherence to evaluation, placement and

procedural safeguard requirements.

DOES SECTION 504/ADA REQUIRE EVALUATIONS?

Section 504 Regulation, 34 CFR Section 104.35 (a) requires that a

district evaluate "any person who, because of handicap, needs or is

believed to need special education or related services." An

evaluation is also required prior to any significant change in

placement.

Section 504/ADA does not require that a district must carry out a

full evaluation of a student simply because a parent requests it.

However, refusal by the district to do so constitutes an official

action with respect to the student's evaluation and placement, and

the district must provide the parent with procedural safeguards.

DOES SECTION 504 REQUIRE AN IEP?

No. Eligible Section 504/ADA students are provided with an

appropriate accommodation plan. Placement decisions must be

based upon information drawn from a variety of sources and all

information must be documented and considered. The placement

decision must be made by a group of persons knowledgeable about

the child, about the meaning of the evaluation data and about

placement options.

07/30/2009 91

WHAT PROCEDURAL SAFEGUARDS

DO PARENTS HAVE?

PARENT/STUDENT RIGHTS AFFORDED BY

SECTION 504/ADA OF THE REHABILITATION ACT OF 1973


The following is a description of the rights granted by federal law

to students with disabilities. The intent of the law is to keep you

fully informed concerning decisions about your child and to inform

you of your rights if you disagree with any of these decisions.

You have the right to:

1. Have your child take part in, and receive benefits from public

education programs without discrimination because of his/her

disabling condition;

2. Receive notice with respect to identification, evaluation, or

placement of your child;

3. Have your child receive a free appropriate public education in

the least restrictive environment;

4. Have your child receive services and be educated in facilities

which are comparable to those provided to non-disabled

students;

5. Have your child receive special education and related services

if your child is found to be eligible under the Individual with

Disabilities Education Act or a Free Appropriate Public

Education (FAPE) if eligible under Section 504/ADA of the

Rehabilitation Act;

6. Have evaluation, educational and placement decisions made

based on a variety of information sources using valid tests and

other evaluation materials designed to assess specific areas of

need and by persons who know the student and who are

knowledgeable about the evaluation data and placement

options;

7. Have transportation provided to and from an alternative

placement setting (if the setting is a program not operated by

the district) at no greater cost to you than would be incurred if

the student were placed in a program operated by the district;

8. Have your child be given an equal opportunity to participate in

nonacademic and extracurricular activities offered by the

district;

9. Examine all relevant records relating to decisions regarding

your child's identification, evaluation, educational program and

placement;

10. Obtain copies of educational records at a reasonable cost

unless the fee would effectively deny you access to the records;

11. Request amendment of your child's educational records if there

is reasonable cause to believe that they are inaccurate,

misleading, or otherwise in violation of the privacy rights of

your child. If the school district refuses this request for

amendment, it shall notify you within a reasonable time and

advise you of the right to a hearing;

12. File a local grievance;

13. Request an impartial hearing related to decisions or actions

regarding your child's identification, evaluation, educational

program, or placement. You and your child may take part in

the hearing and be represented by counsel. Hearing requests

must be made to the District Section 504/ADA Coordinator;

14. Appeal the impartial hearing officer's decision; and

15. Receive all information in your native language and primary

mode of communication.

The person in your district responsible for assuring compliance is

Eva Lewis, District Section 504/ADA Coordinator, Director of ESE

Program Support Services who can be reached at (321) 633-1000,

extension 520.

WHAT CAN I DO IF I HAVE A

SECTION 504/ADA GRIEVANCE?

Many Section 504/ADA grievances can be resolved by an informal

meeting with the parties and the principal. An individual with a

complaint is encouraged to discuss it with the teacher, Section 504

school contact or principal involved with the objective of resolving

the matter promptly and informally.

Grievances that cannot be resolved at the school level can be

deliberated through the Grievance Procedures or Impartial Hearing

Procedures outlined in the Section 504/ADA Procedures Manual

available at all schools or www.brevardschools.org.

At any time during the grievance process, a grievant may file a

complaint directly with the Office for Civil Rights. If you require

further information, you may contact Eva Lewis, District

Coordinator for Section 504/ADA at (321) 633-1000, extension

520.

This brochure is available in alternate format upon request. Please

call Kim Riddle at (321) 633-1000, extension 535.

School Board ofBrevard County, FloridaAugust, 2009

07/30/2009 92

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA Request for Social Worker/Psychologist Assistance

School Year _______to ________ For Office Use Only No. ____ Received _____________

Name Student #

Birth Date

Circle M F School Grade

I. Parent/Guardian ____________________________________________ Home Phone_________________ Address ________________________________________________Work Phone – Mother ____________ City ______________________________________ Zip __________Work Phone – Father ____________ Referred By: ____________________________________________________________________________ Name/Title Reason For Referral: 1. _____ Behavior Observation 2. _____ Social/Developmental History 3. _____ School Social Worker Assistance 4. _____ School Psychologist Assistance 5. _____ Other: ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

II. Attach Copy of Parental Consent as necessary. III. Child Study Team Conference Date(s):

1) ____________________________ 2) ____________________ 3) ________________________

IV. Signatures:

______________________________________________________ __________________________ Child Study Team Chairperson Date

________________________________________________________________________________ _______________________________________ Principal Date

TO BE SENT TO AREA OFFICE WITHIN ONE WEEK OF PRINCIPAL’S SIGNATURE DATE

6/20/08 Distribution: Guidance Record Folder School Social Worker School Psychologist SW/P

07/30/2009 93

SCHOOL BOARD OF BREVARD COUNTY SECTION 504/ADA

ATTENTIONAL/ACTIVITY LEVEL SCREENING

Name (Legal Name) Student #

Birth Date School

Grade Date Form Completed By

Section I Very Often Often Some

times Seldom

1. Does not attend to details or makes careless mistakes in schoolwork, homework, or other activities.

2. Does not sustain attention to tasks or play activities.

3. Does not seem to listen when spoken to directly.

4. Does not follow through on instructions; fails to finish* schoolwork or chores. *(not due to oppositional behavior or failure to understand instructions.)

5. Has difficulty organizing tasks and activities.

6. Avoids or dislikes tasks requiring sustained mental effort, such as schoolwork or homework.

7. Loses things necessary for tasks or activities. e.g. toys, pencils, and books.

8. Is easily distracted by extraneous stimuli.

9. Is often forgetful in daily activities.

Section II Very Often Often Some

times Seldom

1. Fidgets with hands or feet or squirms in seat.

2. Leaves seat in situations where remaining seated is expected.

3. Runs about or climbs in inappropriate situations (if addressed, feels or acts "restless").

4. Has difficulty playing or engaging in leisure activities quietly.

5. Is "on the go" acts as if "driven by a motor."

6. Talks excessively.

7. Blurts out answers before questions have been completed.

8. Has difficulty awaiting turn.

9. Interrupts or intrudes on others. e.g. butts into conversations or games.

Please return this rating scale to: ______________________________ 06/00 ADHD-1

07/30/2009 94

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA Section 504/ADA

BEHAVIOR OBSERVATION RECORD

Student's Name: ____________________________School:_______________________Grade: ______ Teacher: ________________________________Observer (Title):_____________________________ Date of Observation: ___________________Time of Observation: From: __________To: _________ 1. Subject area observed: _____________________________________________________________ 2. Type of lesson observed: ___________________________________________________________ 3. Accommodations for this student: in instruction: ________________________________________ 4. Accommodations for this student: in curriculum: ________________________________________ 5. Student's oral response(s): __________________________________________________________ 6. Student's written response(s): _______________________________________________________ 7. Check the types of off-task behaviors this student exhibited during the observation period.

______ Much less than most children observed ______ Out of seat: Fully or partially out of seat without permission ______ Inactive: Not engaged with assigned task; passively waiting, sitting ______ Playing with object(s): Manipulating objects instead of paying attention

8. Check approximately how often these off-task behaviors occurred:

______ Much less than most children observed ______ Less ______ Slightly less ______ More ______ Much more than most children observed

Additional comments: ________________________________________________________________ __________________________________________________________________________________ PLEASE RETURN THIS FORM TO: _________________________________________________

06/00 ADHD-2

Section 504/ADAContact

07/30/2009 95

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA Section 504/ADA

CLASSROOM PERFORMANCE

(Elementary) Student Name __________________________________ Grade ______________ Date ____________________ Teacher ________________________________Subject Area _________________School__________________ Please complete this form and return to _______________________________________by _________________

Please rate this student compared to others in your class of the same age/same grade. Include comments on back of this form.

ACADEMIC PERFORMANCE

Overall Rating: _____ Excellent _____ Satisfactory _____ Unsatisfactory _____ Failing

ACADEMIC PERFORMANCE WEAK AVERAGE STRONG Written language

Handwriting

Vocabulary and expression

Math concepts

Reading comprehension

Spelling

Ability to retain information

Class Participation

Other

Comments: ________________________________________________________________________________

PRODUCTIVITY & BEHAVIORAL FUNCTIONING

Overall Rating: _____ Excellent _____ Satisfactory _____ Unsatisfactory

BEHAVIOR WEAK AVERAGE STRONG Concentration on tasks Organization Completes tests on time Is careful and checks work Relationship to peers Follows class/school rules Follows directions Test-taking skills Perseveres on task Other

06/00 ADHD-3

Comments:_________________________________________________________________________________

07/30/2009 96

06/00 ADHD-4

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA Section 504/ADA

CLASSROOM PERFORMANCE

(Middle & High)

Student Name _________________________________________Grade _______ Date ___________________________

Teacher ________________________________________Subject Area________________________________________

Please complete this form and return to_______________________________by_________________________________

Please rate this student compared to others in your class of same age/same grade. Include comments on back of this form..

ACADEMIC PERFORMANCE

Overall Rating: ___ Excellent ___ Satisfactory ___ Unsatisfactory ___ Failing

PRODUCTIVITY: Rate only if they apply to your subject.

1 = Hardly Ever 2 = Sometimes 3 = Frequently 4 = Almost Always

1 2 3 4 Contributes to large group discussion Contributes to small group discussion Follows directions without prompting Keeps place in book/materials during directed lesson Keeps track of supplies needed for task Finishes directed work done as a group Finishes independent work within assigned time Completes work carefully Turns in class work he/she finishes Turns in legible work Completes assigned homework Takes tests carefully Compares favorably in overall productivity with average students in class

Other Scoring: Majority of ratings in Column 1 & 2 suggest significant productivity problems.

SOCIAL/BEHAVIORAL FUNCTIONING

Overall Rating: ___ Excellent ___ Satisfactory ___ Unsatisfactory

1 2 3 4 Demonstrates disruptive behavior in classroom Repeatedly involved in disciplinary infractions in the school setting Rejected or ignored by peers Demonstrates poor peer relationships due to difficulty reading and responding to social cues

Repeatedly receives poor grades for conduct Other

Scoring: Majority of ratings in Column 3 & 4 suggest significant social/behavioral problems.

07/30/2009 97

BREVARD PUBLIC SCHOOLS, FLORIDA Section 504/ADA Meeting

Invitation to Parent/Guardian

Name _______________________________________________Student # ______________________ School ____________________________________________________ Date ___________________ Dear Parent/Guardian, You are invited and encouraged to attend a Section 504/ADA meeting scheduled on ______________,

Day

______________________________________, from __________________ to __________________. Date Time Time

Please check in at the front office for the meeting room location. We look forward to having you participate in this meeting. At your discretion, other individuals who have knowledge or special expertise regarding your child, including related services personnel as appropriate, may be included in this meeting. I hope that this date and time is convenient for you. Please indicate your plans for attendance on page 2 of this invitation. Sign and return page 2 to me as soon as possible. Special Accommodations: If you need special accommodations, please contact me at least 5 days prior to the meeting. ____________________________________ ____________________________ ________________ Name Position Phone Number

ATTACHMENT: Procedural Safeguards Under Section 504/ADA

06/20/08 Original: Guidance Record File Copy: Parent/Guardian 07/30/2009 98

Please return this page to: _____________________________

Student Name: ____________________________ School:_______________________________ [ ] Yes, I will attend at the scheduled time. [ ] No, I cannot attend at this time. Please contact me at _____________ to reschedule the meeting. [ ] No, I cannot attend at this time. Please hold the meeting without me. __________________________________________________ __________________________ Signature of Parent/Guardian Date


BREVARD PUBLIC SCHOOLS, FLORIDA SECTION 504/ADA

Medical/Clinical Confirmation Dear Physician/Clinician: To help us assist in determining if the below named student is disabled under Section 504 of the Rehabilitation Act of 1973/Americans With Disabilities Act, and therefore, eligible for educational accommodations, we would appreciate your opinion regarding the presence of a disabling condition (e.g., ADHD, asthma, allergies, etc.).

______________________________________ _____________________________________ Date Section 504 Contact

_____________________________________ _____________________________________

Telephone School

PHYSICIAN /CLINICIAN CERTIFICATION

Re: ____________________________________

DOB: __________________________________

I certify that as of __________________________, the above named student was determined to have a

diagnosis of _______________________________________. Current prescription(s) for the pharmacological

treatment of this disorder is/are: (1) _____________________________________

(2) _____________________________________

Comments:_________________________________________________________________________________

__________________________________________________________________________________________

_______________________________________ __________________________________ Physician/Clinician Street Address

__________________________________ City/State/Zip

________________________________________ __________________________________ Date Telephone

Please return this certification to: _________________________________________

Section 504 Contact

_________________________________________ School

_________________________________________ Address City/State/Zip


SCHOOL BOARD OF BREVARD COUNTY, FLORIDA SECTION 504/ADA

INPUT FORM

Panel:________ S705. Federal/State S: ______ Y: _____ R Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C N ________________________________________________________________________ ?? or: St: Proj: Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ Local: Panel:________ S705. Federal/State S: _____ Y: _____ R Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C N ________________________________________________________________________ ?? or: St: Proj: Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ Local:

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07/09


07/30/2009 102

APPENDIX F

TERMS Procedures

07/30/2009 103

SECTION 504/ADA TERMS Input Procedures

Use the following procedures to create your files (Refer to Attachment # 1):

Section 504/ADA Student Record - Add a Record 1) Go to Main Menu 2) Select Student Systems 3) Type S702 in the panel field (to check existing records so as not to duplicate by accident) 4) Press the <Enter> key 5) Type student # 6) Press Enter:

The student's existing records will be displayed. Information is displayed and cannot be corrected from this panel. “504^Act” will be displayed under description, if it exists Under ST (status): P = pending; I = inactive; A = active

7) If a 504 record exists, check or change data by using arrow keys to place the cursor anywhere on the line of the chosen record

Press the <F11> key This goes to S705 screen where information (dates, etc.) may be changed as appropriate (see sample attachments)

8) If NO record exists, type S705 in the panel field 9) Press Enter 10) Type the Student Number 11) Under Referral, type the original eligibility date. (The original eligibility date will be used as the

referral date, the original evaluation date, the eligibility date and the placement date.) 12) Under Code, type 504 13) Press <Enter>

(You should see a message in the lower left hand corner that reads "Not on file. Type data to add.")

14) Under Org Eval, type the original eligibility date (again) 15) Under Elig, type original eligibility date (and again!) 16) Under Placed, type original eligibility date (yet again!) 17) Under Next Eval, type the re-evaluation date (3 years from the original or latest eligibility date) 18) Under T, type 3 19) Press <Enter>

(You should now see a message in the lower left hand corner that reads "Record Added")

07/30/2009 104

Use the following procedures to input reevaluation data on TERMS:

Section 504/ADA Student Record - Reevaluation 1) Go to the Applications Main Menu 2) Select Student System 3) Type S702 in the panel field 4) Press <Enter> key 5) Type Student # 6) Press <Enter> key 7) Place cursor anywhere on the line of the chosen 504 record 8) Press F11 which takes you to the data entry information on S705 9) Under NXT Eval, type new 3-year reevaluation date 10) Press <Enter> key

(You should now see a message in the lower left hand corner that reads "Record Updated, Next?" Highlighted element(s) indicate error.)

Use the following procedures to input dismissal data on TERMS:

Section 504/ADA Student Record - DISMISSAL 1) Go to Main Menu 2) Select Student Systems 3) Type S702 in the panel field 4) Press <Enter> key 5) Type the student # 6) Press <Enter> key 7) Place cursor anywhere on the line of the chosen 504 record under Description 8) Press F11 which takes you to the data entry information on S705 9) Under Dismsd, type the dismissal determination date 10) Under Plan date, type the dismissal determination date 11) Press <Enter> key

Section 504/ADA Student Record - TRANSFER TO ESE Use the Dismissal procedures above so that a history of 504 eligibility is not destroyed.

07/30/2009 105

SECTION 504/ADA TERMS Report Procedures

Remember: These reports/lists cannot be created until all the data is entered!

The procedure to create a Section 504/ADA Report is the same as it is for ALL TERMS Reports on Panel Field S713 and S714 Use the following procedures to create a school wide Section 504/ADA TERMS Report/List (Refer to Attachment # 2 as an example): 1) Go to Main Menu 2) Select Student Systems 3) Type S713 in the panel field 4) Press <Enter> key 5) Create a report request by using the MIS document on Printing Reports on TERMS. (see

Attachment # 2) 6) Under Schl, type in your school number/code 7) Under Code, type 504 8) Under St, type A 9) Press Enter 10) Run a report (see MIS document for instructions) Use the following procedure to create a Roll-up Section 504/ADA TERMS Report/List for your feeder school. (Refer to Attachments # 3 and # 4): 1) Go to Main Menu 2) Select Student Systems 3) Type S713 in the panel field 4) Press Enter 5) Create a report using the MIS document on Printing Reports on TERMS (see Attachment # 3 or

Attachment # 4 as examples) 6) Under Schl, type in your school number/code 7) Under Code, type 504 8) For Elementary to Middle/Junior – Attachment # 3

- Under F, type 06 (ex: grade 6) AND - Under T, type 06 (ex: grade 6)

For Middle/Junior to High - Attachment # 4 - Under F, type 08 (ex: grade 8) AND - Under T, type 08 (ex: grade 8)

9) Press Enter 10) Run a report (See MIS document for instructions)

07/30/2009 106

07/30/2009 107

07/30/2009 108

07/30/2009 109

07/30/2009 110

Samples SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

SECTION 504/ADA

Add a record INPUT FORM

06/00

S705 Panel:________ S705. Federal/State S: 0000 Y: 1999 R 2001 1234

Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C 011099 5040007070

N ________________________________________________________________________ ?? or: St: Proj: A Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ 011099 011099 011002011099 Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ Local:___________________________________________________________________

3

Reevaluation INPUT FORM


Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C 0007070 011099 504

N ________________________________________________________________________ ?? or: St: Proj: A Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ 011099011099 011005011099 Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ 3

Local:

07/30/2009 111

Samples SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

SECTION 504/ADA

Dismissal INPUT FORM

06/00


Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C 011099 5040007070

N ________________________________________________________________________ ?? or: St: Proj: I Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ 011099 011099 011005011005 011005011099 Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ Local:___________________________________________________________________

3

Transfer to ESE INPUT FORM


Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm _________ ____ _______ ____ C 0007070 011099 504

N ________________________________________________________________________ ?? or: St: Proj: I Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd _______ _______ _______ ________ ________ ________ ________ ______ 011099011099 011005011005011099 011005 Misc: Spc Name Se T Schl Leng Service T1: B M D C M C2 504 TA ___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _ 3

Local:

07/30/2009 112

APPENDIX G

References for the

Section 504 Contact

07/30/2009 113

Date: To: Teachers From: Section 504/ADA School Contact Re: Identifying a Potential Section 504 Student Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that prohibits discrimination against student with disabilities in any program receiving federal financial assistance. It is our responsibility to identify, evaluate, and determine eligibility for access to appropriate educational services. Unlike the IDEA, which provides special education services via an IEP for students who qualify under at least one of 13 disability categories, Section 504 protects any student who has a physical or mental impairment which substantially limits one or more major life activities, such as walking, learning, breathing, seeing, hearing, etc. (Note: all IDEA-eligible students are automatically covered by Section 504.) We are obligated by federal law to identify students who may qualify for Section 504. As a basic education teacher, you are your students' first link to an evaluation. If you feel any of your students' academic progress is being affected by some type of impairment, please call me so I may make further arrangements. You are not responsible for making a diagnosis, but you may be called upon to participate in the student's evaluation process. If you require additional information about Section 504/ADA, please see me.

07/30/2009 114

SECTION 504 SUMMARY CIVIL RIGHT STATUTE/NONDISCRIMINATION About access and/or restrictions to the educational program REQUIRES TEAM

A group of persons, including persons knowledgeable about the student, the meaning of the evaluation data, and the placement options

ELIGIBILITY REQUIRES Mental or physical impairment Substantially limiting Major life activity COMPARED TO STUDENTS OF SAME AGE, SAME GRADE ACROSS GENERAL POPULATION EVALUATION From a variety of sources LOOK AT THE CURRENT IMPACT How student presents at this time IN THE EVENT THERE IS DISAGREEMENT options are File a grievance Request an impartial due process hearing File a complaint with the Office for Civil Rights (OCR)

07/30/2009 115


General Procedures Checklist for Initial Eligibility Determination

Student Name:

Date

School Section 504/ADA Contact Person

THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT, IF USED, PLEASE FILE IN THE SECTION 504/ADA FOLDER.

CHILD STUDY TEAM (CST) REFERRAL

1. ___ Completed referral forms by teacher (School-based Referral Paperwork) 2. ___ Parent(s)/guardian(s) invited to attend CST meeting (Parent Invitation Form – CST-INV)

SCREENING

1. ___ Reviewed cumulative folder information (ex: grades, tests, attendance, classroom performance) 2. ___ CST decision:

A) ___ further intervention or B) ___ possible Exceptional Education (ESE) referral or C) ___ possible Section 504/ADA Disability

(If considering possible ADHD, refer to ADHD Procedure Checklist at this point)

EVALUATION

1. ___ Obtained parent consent to evaluate (Parent Consent Form) 2. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA 3. ___ Provided parents(s) guardian(s) with brochure (Parent/Guardian Brochure) 4. ___ Reviewed cumulative information, as needed 5. ___ Administered evaluation instruments, as needed

ELIGIBILITY

1. ___ Scheduled eligibility meeting 2. ___ Invited parent(s)/guardian(s), either in written form OR by phone 3. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards/Section Under 504ADA 4. ___ CST determined eligibility:

A) ___ eligible B) ___ not eligible

5. ___ Completed eligibility form (Eligibility Form) 6. ___ Acquired all necessary signatures 7. ___ Determined eligible, filed completed paperwork in guidance record folder

07/30/2009 116

PLACEMENT/ACCOMMODATION PLAN

1. ___ Referred to Appendix C for sample accommodations 2. ___ Wrote accommodation plan (Accommodation Plan Form) 3. ___ Provided parent(s)/guardians with copies of complete Section 504/ADA paperwork 4. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA 5. ___ TERMS data:

a. ___ entered TERMS data or b. ___ submitted all necessary TERMS data to school data entry clerk (TERMS Data Input Form)

6. ___ Disseminated copies of accommodation plan to all appropriate teacher(s)/personnel who will implement the accommodations 6. ___ Communicated to teacher(s)/personnel their responsibility to implement accommodation plan immediately 7. ___ Obtained signatures on the 504/ADA Dissemination Log for Teachers (form 504-2) 8. ___ Filed active Section 504/ADA paperwork in 504 Folder

07/30/2009 117


General Procedures Checklist for Review/Reevaluation/Dismissal

Student Name:

Date

School

Section 504/ADA Contact Person

THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT. IF USED, PLEASE FILE IN THE SECTION 504/ADA FOLDER.

YEARLY REVIEW

1. ___ Review Accommodation Plan 2. ___ A) No changes:

___ No meeting B) Changes: ___ Scheduled meeting ___ Invited parent(s)/guardian(s) either by written form or by phone (Parent Invitation Form)

___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA

___ Completed necessary review evaluations, as needed ___ Revised accommodation plan (Accommodation Plan Form) ___ Acquired all necessary signatures ___ Provided parent(s)/guardian(s) with copies of revised accommodation plan ___ Provided parent(s)/guardian(s) a copy of Section 504/ADA procedural safeguards ___ Disseminated revised copies of accommodation plan to all necessary teacher(s)/personnel

(Dissemination Sign-off Log Form) ___ Communicated to teacher(s)/personnel their responsibility for implementing the revised accommodation plan immediately ___ Obtained signatures on the 504/ADA Dissemination Log for Teachers (Form 504-2) ___ Filed revised accommodation plan in active Section 504/ADA Folder

THREE YEAR REEVALUATION

1. ___ Scheduled reevaluation meeting 2. ___ Notified parent(s)/guardian(s) of reevaluation meeting (Parent Notice of Reevaluation Form 504-5) 3. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA 4. ___ Reviewed accommodation plan 5. ___ Section 504/ADA Team decided:

A) ___ Further evaluation(s) needed B) ___ No further evaluation(s) needed i) ___administered evaluation(s) i) ___ reviewed necessary evaluation ii) ___ reviewed current evaluation information information

iii) ___ scheduled meeting iv) ___ invited parent(s)/guardian(s) either by written form or by phone

07/30/2009 118

6. ___ Completed NEW eligibility form (Eligibility Form 504-3, pages 1 & 2)

7. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA IF CONTINUING ELIGIBILITY: OR IF DISMISSAL: 1. ___ Developed NEW accommodation plan 1. ___ Determined dismissal with dismissal date (Accommodation Plan Form) (Eligibility Form) 2. ___ TERMS Input: 2. ___ TERMS Input: A) ___ Entered NEW data on TERMS A) ___ Entered dismissal data on TERMS B) ___ Submitted all necessary TERMS B) ___ Submitted all necessary TERMS data to school data entry clerk dismissal data to school data entry clerk 3. ___ Disseminated copies of NEW 3. ___ Filed inactive Section 504/ADA paperwork in accommodation plan to all appropriate Guidance Record Folder teacher(s)/personnel 4. ___ Communicated to teacher(s)/personnel their

responsibility for implementing the NEW accommodation plan immediately

5. ___ Obtained signatures on the 504/ADA Dissemination Log for Teachers

6.___ Filed NEW accommodation plan in active Section 504/ADA Folder

07/30/2009 119


ADHD Procedures Checklist For Initial Eligibility Determination

Student Name:

Date

School

Section 504/ADA Contact Person

THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT, IF USED, PLEASE FILE IN THE STUDENT’S SECTION 504/ADA FOLDER.

INITIAL ADHD SCREENING

___ 1. Referral to CST ___ 2. Invitation to parent ___ 3. Cum review ___ 4. Classroom review (teacher comments, parent conferences, academic interventions) ___ 5. Attendance review (absences, tardies, attendance resource teacher) ___ 6. Behavior review (checklists, discipline reports, behavior interventions)

EVALUATION WITH DIAGNOSIS ___ 1. Obtain parent consent ___ 2. Provide Section 504/ADA procedural safeguards and brochure ___ 3. ADHD Medical/Clinical Diagnosis ___ 4. Observation #1 ___ 5. Observation #2 ___ 6. BASC Monitor for ADHD or ADDES or Connor’s Long Version ___ 7. Review Screening information ___ 8. Classroom Performance form ___ 9. I.Q. Screener – optional ___10. Individual Achievement Test – optional

EVALUATION WITHOUT DIAGNOSIS ___ 1. Obtain parent consent ___ 2. Provide Section 504/ADA procedural safeguards and brochure ___ 3. Attentional/Activity Level Screening form -- parent ___ 4. Attentional/Activity Level Screening form – teacher ___ 5. Observation #1 (Schools Psychologist required) ___ 6. Observation #2 ___ 7. BASC or Achenbach –parent form ___ 8. BASC or Achenbach – teacher form ___ 9. Connor’s Rating Scales or ADDES (Hawthorne) – parent form ___ 10. Conner’s Rating Scales or ADDES (Hawthorne) – teacher form ___ 11. Social History ___ 12. Review screening information

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___ 13. Classroom Performance form ___ 14. I.Q. Screener – optional ___ 15. Individual Achievement test – optional

ELIGIBILITY ___ 1. Schedule eligibility meeting ___ 2. Invite parent(s)/guardian(s), either in written form OR by phone ___ 3. 504 Team determined eligibility:

A) ___ eligible B) ___ not eligible

___ 4. Complete eligibility form (Eligibility Form 504-3, pages 1 & 2) ___ 5. Acquire all necessary signatures ___ 6. Determined ineligible, filed completed paperwork in guidance record folder ___ 7. Provide parent/guardian with copies of forms and Procedural Safeguards Under Section 504/ADA

PLACEMENT/ACCOMMODATION PLAN ___ 1. Referred to Appendix C for sample accommodations ___ 2. Wrote accommodation plan (Accommodation Plan Form) ___ 3. Provided parent(s)/guardian(s) with copies of complete Section 504 ADA paperwork including Procedural Safeguards Under Section 504/ADA ___ 4. TERMS data:

A) ___ Entered TEREMS data or B) ___ Submitted all necessary TERMS data to school data entry clerk (TERMS Data Input Form)

___ 5. Disseminated copies of accommodation plan to all appropriate teacher(s)/personnel who will implement the accommodations ___ 6. Communicated to teacher(s) personnel their responsibility to implement accommodation plan immediately ___ 7. Obtained signatures on the 504/ADA Dissemination Log for Teachers (Form 504-2) ___ 8. Filed active Section 504/ADA paperwork in 504 folder

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APPENDIX H

RESOURCES

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RESOURCES Booklets: ACCOMMODATIONS (Assisting Students With Disabilities - A Guide for Educators) Florida Department of Education, 1999 TESTING ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES Florida Department of Education, 1999 SECTION 504 AND THE ADA PROMOTING STUDENT ACCESS - A Resource Guide for

Educators; Council of Administrators of Special Education, Inc. 1999

DISTRICT GUIDE FOR MEETING THE NEEDS OF STUDENTS, Section 504 of the Rehabilitation Act of 1973; Department of Education, 2005

THE IEP TEAM’S GUIDE TO FCAT ACCOMMODATIONS Florida Department of Education, 2005

Web Sites:

• http://sss.usf.edu/504tutorial - Online tutorial to Section 504 of the Rehabilitation Act of 1973, © 2006, Florida Department of Education, Bureau of Exceptional Education and Student Services

• http://www.ed.gov/about/offices/list/ocr/504faq.html - U.S. Department of Education,

Office for Civil Rights, Protecting Students With Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (revised 2009)

Books:

Norlin, John W., Esq.; What Do I Do When - - The Answer Book on Section 504; Third Edition; LRP Publications; 2008 Richards, David M., Esq.; The Top Section 504 Errors: Expert Guidance to Avoid Common Compliance Mistakes; LRP Publications; 2008 Zirkel, Perry, PhD., JD; §504/ADA, A Comprehensive Update on Student Issues and Answers; LRP Publications, April 28, 2000.

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http://sss.usf.edu/504tutorial

http://www.ed.gov/about/offices/list/ocr/504faq.html

APPENDIX I

REFERENCES

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REFERENCES: Attention Deficit Disorders: An Educator's Guide, C.H.A.D.D. Bulletin, 1993 Broward County Schools Section 504/ADA Procedures, The School Board of Broward County, 1997. ESE Assessment Resource Guide 1999-2000, Pinellas County Schools. Federal Register, Part II, Dept. of Education, 34 CFR Parts 300 and 303, March 12, 1999. FCAT Administrator's Manual, Florida Dept. of Education, February, 2000, Pages 39-42. Norlin, John W. Esq., What Do I Do When … The Answer Book on Section 504, Third Edition; LRP Publications, 2008. Howard, Pat; Student Services, Florida Department of Education E-mail, April 17, 2000. District Guide for Meeting the Needs of Students, Section 504 of the Rehabilitation Act of 1973, Florida Department of Education, 2005. Section 504 and the ADA - Promoting Student Access - A Resource Guide for Educators, Second Edition, Council of Administrators of Special Education, Inc. (CASE), 1999. Section 504 - Compliance Advisor Bulletins, LRP Publications 1997 - Volume 1, Issue 7, September Volume 1, Issue 8, October Volume 1, Issue 10, December 1998 - Volume 2, Issue 2, April Volume 2, Issue 9, November Volume 2, Issue 10, December 1999 - Volume 3, Issue 8, October Volume 3, Issue 10, December 2000 - Volume 3, Issue 11, January Volume 4, Issue 4, June Section 504 for K-12 Special Educators, Post-Institute Symposium 2, LRP Publications, Alexandria, VA May 10, 2000. Student Access: A Resource Guide For Educators: Section 504 of the Rehabilitation Act of 1973, Council of Administrators of Special Education Inc. (CASE), 1992 The Special Educator, LRP Publications, January 14, 2000 The IEP Team’s Guide to FCAT Accommodations, Bureau of Exceptional Education and Student Services, Florida Department of Education, 2005 Zirkel, Perry, PhD., J.D.; Section 504/ADA, A Comprehensive Update on Student Issues and Answers, LRP Publications, April 28, 2000

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NONDISCRIMINATION NOTICE

It is the policy of the School Board of Brevard County to offer the opportunity to all students to participate in appropriate programs and activities without regard to race, color, gender, religion, national origin, disability, marital status, or age, except as otherwise provided by Federal law or by Florida state law.

A student having a grievance concerning discrimination may contact:

Dr. Brian T. Binggeli Superintendent

Brevard Public Schools

Ms. Brenda Blackburn Associate Superintendent,

Division of Curriculum and Instruction

Equity Coordinator

Dr. Walter Christy, Director Secondary Education

Ms. Eva Lewis, Director ESE Program Support Services ADA/Section 504 Coordinator

School Board of Brevard County 2700 Judge Fran Jamieson Way

Viera, Florida 32940-6601 (321) 633-1000

It is the policy of the School Board of Brevard County not to discriminate against employees or applicants for employment on the basis of race, color, religion, sex, national origin, participation and membership in professional or political organizations, marital status, age, or disability. Sexual harassment is a form of employee misconduct, which undermines the integrity of the employment relationship, and is prohibited. This policy shall apply to recruitment, employment, transfers, compensation, and other terms and conditions of employment.

An employee or applicant having a grievance concerning employment may contact:

Ms. Susan Standley, Director Office of

Compensation & Benefits

Ms. Joy Salamone, Director Human Resources Services

and Labor Relations

School Board of Brevard County 2700 Judge Fran Jamieson Way

Viera, Florida 32940-6601 (321) 633-1000

This publication or portions of this publication can be made available to persons with disabilities in a variety of formats, including large print, Braille or audiotape. Telephone or written requests should include your name, address, and telephone number. Requests should be made to Kim Riddle, Exceptional Education Projects, 633-1000, extension 535, at least two (2) weeks prior to the time you need the publication.

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