| School Board of Alachua County |
| Bylaws & Policies |
2260.03 - PROCEDURES FOR SECTION 504
Identification/Pre-Referral Procedures (Section 504)
| A. | Teacher/Parent Concern | |
| A parent, teacher, other school staff person, or the student recognizes a concern in the learning environment which may require further investigation. | ||
| B. | Teacher/Parent Conference | |
| The parent, teacher, or if appropriate, the student initiates a conference about the concern and to discuss appropriate strategies for the classroom. | ||
| C. | Consultation with Other Professionals | |
| The teacher makes initial attempts to resolve the concern using existing resources and teacher skills. The teacher may request assistance and/or additional ideas from colleagues and other support staff. | ||
| D. | Referral to Educational Planning Team (EPT) | |
| If the concern has not be resolved by any of the above actions, then a referral may be made to the Educational Planning Team (EPT). Pre-referral procedures will be completed within a reasonable time. |
Educational Planning Team (EPT)
The EPT will be composed of persons knowledgeable about the student, the meaning of evaluation data, and appropriate interventions and shall include, but not be limited to, an administrator or designee, a school counselor, a teacher, and may include parents or their designee. The principal is responsible to ensure qualified personnel participate on the EPT.
| A. | Initial Meeting | |
| The EPT will consider the referral and based upon a review of the student's records and discussion of relevant information decide whether further interventions are indicated. The EPT may provide assistance and consult with the teacher in developing additional interventions. | ||
| B. | Subsequent Meetings | |
| The EPT will review the student's progress and determine an appropriate course of action, which may include but is not limited to: |
| 1. | closing the case, if interventions are successful; | ||
| 2. | continuing current interventions for a specified period of time; | ||
| 3. | designing new modifications for the classroom; | ||
| 4. | referring for psychoeducational evaluation and consideration for exceptional student education under IDEA and in accordance with policies and procedures for the provision of specially designed instruction and related services; | ||
| 5. | referring for Section 504. |
If the Educational Planning Team (EPT) at the school determines that interventions for a student were not successful or if it appears that further interventions would not be appropriate, the EPT will decide an appropriate method to evaluate whether the student's impairment, if any, substantially limits the student's learning.
Notice to Parents
The EPT will inform the parent in writing of its decision and of parent rights.
Evaluation
The EPT will evaluate any student suspected by the parent or the school of having a disability. The evaluation may include, as appropriate, teacher reports, review of student records, grades, any medical information provided by or with the consent of the parents, results of interventions, educational testing, and reports/records as needed from other agencies. A full evaluation is not required when neither the school nor the parent believes that the student is in need of special education or related services. However, the school should have relevant and current medical information in order to make needed adjustments or modifications for the student.
Tests and other evaluation materials must: 1) have been validated and be administered by trained personnel; 2) be tailored to assess educational needs and not be based solely on intelligence scores; and 3) reflect aptitude or achievement or whatever else the test purports to measure and not reflect the student's impaired sensory, manual, or speaking skills (unless the test is designed to measure these particular deficits).
Determination of Eligibility
A student who has an impairment which substantially limits a major life activity is eligible under Section 504. The EPT will review the information obtained from the evaluation and determine whether the student is eligible or not eligible under Section 504. The student's parent will be invited to participate in the meeting. The decision that a student is eligible will be made by the EPT in writing and the parent of the student shall be notified of the decision and of the parent rights.
Accommodation Plan
When a student has been identified as having a disability within the meaning of Section 504, the EPT shall develop a specific accommodation plan for the student and determine the frequency of monitoring progress. The parent will be invited to participate in EPT meetings held to develop or modify the written plan and will be given an opportunity to examine all relevant records. The EPT will notify the parent in writing within a reasonable time of the student's accommodation plan. The student's teachers will receive a copy of the plan, as appropriate.
In order to facilitate plan implementation, the District will provide the opportunity for teachers to be trained in the instruction of students with disabilities. If necessary, the District will make materials and equipment available for teachers to provide students with a free and appropriate education.
| A. | Review of Progress | |
| The EPT will monitor the progress of the student to ensure that the student's needs are being met as adequately as the needs of other students. If satisfactory progress is not being made, the EPT will reconvene to consider other alternatives. | ||
| B. | Re-Evaluation | |
| The EPT will provide for periodic re-evaluation, at least every three (3) years, of the student's needs. Re-evaluation is required if there are any subsequent significant changes in placement. Significant changes in placement which require re-evaluation include, but are not limited to: expulsion, serial suspensions which exceed ten (10) days in a school year, transfer, or change of program. | ||
| C. | Dismissal | |
| When it appears that the student is no longer in need of Section 504 accommodations, the EPT shall meet to consider dismissal of the student from Section 504. The decision of the EPT shall be in writing and the parent shall be notified of the decision and of parent rights. |
Out-of-County Transfer
If the student has previously been identified as having a Section 504 disability in another school district and has a current Section 504 plan, the principal or designee will schedule an EPT meeting.
| A. | If sufficient documentation is received from the previous school district, the EPT will review the plan and determine whether re-evaluation is needed. | |
| B. | If sufficient documentation is not received within twenty (20) school days of the request for records from the previous district, the student will be referred for Section 504 eligibility. |
Procedural Safeguards
The following procedural safeguards shall apply:
| A. | The parent will be notified in writing of parent rights and all District decisions concerning the identification, evaluation, or educational placement of students made under this policy. | |
| B. | The parent may examine relevant records. | |
| C. | The parent and the District have the right to an impartial hearing (Section 504 Due Process Hearing). The parent may participate in the hearing and be represented by counsel. A request for hearing shall be made in writing to the Superintendent, 620 East University Avenue, Gainesville, Florida 32601. | |
| D. | Mediation will be provided by the Board as a voluntary alternative to either a grievance procedure or due process hearing to facilitate cooperative resolution of disputes. |
29 U.S.C. Section 794, Rehabilitation Act of 1973
34 C.F.R. Part 104
Adopted 7/17/07
Revised 10/6/09