2162P - Serving Students with Disabilities Under Section 504, Rehabilitation Act of 1973 Procedure

Step 

Description of Activity 

1. Concern 

Student, parent(s) or guardian(s), teacher, counselor, or administrator believe they are observing in another student substantially limited performance in one or more major life activities (i.e., in school generally academic effort and performance) that is believed to be caused by a physical or mental impairment. 
 

2. Referral 

The concerned individual should complete the Referral Form and give it to the designated building team. 
 

3. Screening 

A building-level team is designated to screen students.  The team consists of the principal and other professional staff who have first-hand knowledge of the needs of the student.  Members may include the teacher, counselor, nurse, parent(s) or guardian(s), case manager, or agency representative.  These members are selected on the basis of their knowledge of available program options for the student.  Cross reference:  Section H, Policy #2162, which sets the standards for the assessment and identifies qualifications for team members. 

The designated building team reviews the referral, completes an appropriate student files review, and consults with teachers, parent(s) or guardian(s), peers, professionals, and/or the student. 

Decision to be made:  Does this student appear to have a disability under Section 504? 

If yes:  Provide the parent(s) or guardian(s) with a copy of the Section 504 rights. 

If further information is needed, provide notice to parent(s) or guardian(s) for evaluation and obtain their consent in writing. 

Also obtain written consent for a mutual exchange of information from parent(s) or guardian(s) as appropriate. 

If no:  Provide screening results referral with accompanying recommendations. 

Provide written notice to parent(s) or guardian(s) that student does not qualify. 

4. Evaluation 

Conduct all evaluation deemed appropriate and for which the parent(s) or guardian(s) has given written permission 
 

5. Eligibility 

A Section 504 MDT is recommended to be composed of one of the student’s teachers (and/or the student’s counselor), a building administrator, and persons knowledgeable about the student’s disability and the meaning of the evaluation data and service options.  The MDT convenes to review all evaluation results, determines eligibility as a student with a disability under Section 504, and document the meeting in writing.  The team composition may vary according to the needs of the student. 

If no:  Consider other referral sources or options for the student and/or school.  Provide written notice to parent(s) or guardian(s) that student doesn’t qualify. 

If yes:  The second decision to be made. 

If yes:  Refer to IDEA MDT for appropriate disposition. 

If no:  Proceed to step 6. 

Note:  Whatever the disposition of the case at step 5, the MDT should complete a written Section 504 eligibility statement. 
 

6. Develop 

Accommodation 

Plan 

Once eligibility under Section 504 has been determined, the process moves to the development of a student accommodation plan.  This plan is to be developed by a professional team that may or may not be the same individuals who were involved at step 5 (Eligibility), but a similar minimum team composition is recommended. 
 

7. Educational 

Services 

The educational services are implemented as outlined in the student accommodation plan.  One individual should be designated as the case manager to monitor the implementation of the plan and the progress of the student. 
 

8. Periodic 

Each accommodation plan should be reviewed by the team periodically.  Three issues which should be addressed at the review are as follows:  (1) the need for additional evaluation information, (2) the continued eligibility as a student with a disability under Section 504, and (3) the contents of the plan and service provider.