This procedure is outlined as follows:
Section 504 of the Rehabilitation Act prohibits discrimination against disabled persons, including students, parents, and staff members, by a school district receiving Federal financial assistance. All public schools and school districts, as well as all public charter schools and magnet schools that receive Federal financial assistance from the Department of Education must comply with Section 504.
Section 504 mandates that students with disabilities be provided a free, appropriate public education (FAPE). Requirements include the identification, evaluation, and provision of appropriate services to students with disabilities and the provision of procedural safeguards to parents of students with disabilities. Section 504 protects all students with disabilities, defined as those “having any physical or mental impairment that substantially limits one or more major life activities (including learning).” A Section 504 Plan is developed for students found eligible under this statute. The Section 504 Plan must be distributed to all employees who provide services to the student and must be implemented fully.
Inquiries concerning Section 504 are to be made to:
Section 504 Coordinator
Oxon Hill Staff Development Center
7711 Livingston Road
Oxon Hill, MD 20745
(301) 952-6255
Within the context of this procedure, the following definitions apply.
Major Life Activity: These include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating and performing manual tasks. The disabling condition need only substantially limit one major life activity in order for the student to be eligible.
Major Life activities also include operation of “major bodily functions” such as: functions of the immune system, normal cell growth, digestive, bowel functions, bladder, brain, circulatory, endocrine, reproductive, neurological and respiratory.
Physical or Mental Impairment:
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs) cardiovascular, reproductive, digestive, genirto-urinary, hemic and lymphatic, skin and endocrine; or
Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness and specific learning disabilities.
Placement:
Services and accommodations that a student with a disability must receive in order to obtain a free, appropriate public education; or
School or school program to which a student is assigned (including home and hospital services).
Substantial Limitation:
The ability or inability to perform a major life activity as compared to non- disabled peers. The determination of substantial limitation must be made on a case-by-case basis, with respect to each individual student, by the 504 Team. Evidence of barriers or obstacles in accessing education curriculum or programming should be considered a substantial limitation. Academic success does not, alone, translate to a lack of substantial limitation.
Substantial limitation to a major life activity shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses. Mitigating measures are things like medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of impairment. These measures cannot be considered when determining whether a person has a substantially limiting impairment.
Impairments that are episodic or in remission should be evaluated as if the episode is occurring now.
The Prince George’s County Public Schools System is obligated to locate and identify every qualified disabled student residing in the County, to take appropriate steps to notify such persons and their parents/guardians of the school system’s duty to do so, and to provide a free appropriate public education to each student regardless of the nature or the severity of the disability.
The 504 Plan
Plan development. A Section 504 plan shall be developed as soon as possible, but in no case later than thirty (30) school days after a 504 evaluation has been conducted and a student is identified as disabled under Section 504.
The Section 504 plan shall be designed to provide a free appropriate public education (FAPE) that meets the student’s individual educational needs as adequately as the needs of students without disabilities are met. The provision of services shall be based on evaluation data, including classroom or state assessments, teacher recommendations, educational and/ or psychological assessments, medical information, physician's orders, input from parents and other data, as appropriate.
Placement. The Section 504 Team shall determine the student's placement. In determining placement, the Section 504 Team shall consider supplemental aids and services appropriate to enable the student to be educated in the general education environment. The Section 504 Team shall ensure that a student is educated as close to his/her home as possible if it is determined that the Section 504 Plan cannot be implemented at the student's boundary school with the use of supplementary aids and services.
Distribution to employees. The Section 504 Plan must be distributed to all employees who provide services to the student and must be implemented fully. Substitute teachers, both long- and short-term, must receive appropriate information regarding Section 504 plans.
Data management. All students receiving Section 504 services must be identified and coded in the student data management system. The student data management system should be updated on a monthly basis to reflect newly identified students eligible under Section 504 and/or students who exit Section 504 services.
Record keeping. In accordance with Administrative Procedure 5125, all Section 504 documentation will be maintained in a limited access folder and Section 504 student information will be provided when a student changes from one school to another within PGCPS. The most current Section 504 plan should be archived by computer or other mechanical storage/retrieval device along with Category I student data outlined in Administrative Procedure 5125.
Annual Review. A student’s Section 504 plan shall be reviewed and revised, as appropriate, at least annually, or sooner at the request of a parent or teacher. Requests for Section 504 plan review or revisions, made by a parent or teacher, must be conducted within a reasonable time. The parent shall be provided with advance written notification of the review meeting (no fewer than five school days). A Section 504 team meeting must proceed in the parent’s absence only after the school has made reasonable requests to secure parental participation, including written notification and a record of telephone calls. A school must attempt to schedule Section 504 meetings on dates convenient to both the school and parents. The parent shall also be provided written minutes of all Section 504 Team decisions reached at meetings. The minutes shall include a statement of the reasons for each decision and describe the evaluation data used to reach each decision.
Re- Evaluation
A student will be re-evaluated at least every three (3) years, and prior to any significant change in the student's program or placement, including a disciplinary removal in excess of 10 school days, dismissal from services, or if a teacher or parent requests a re-evaluation. Teams should re-evaluate whenever there is reason to believe the student no longer has a disability that substantially limits a major life activity or if an additional disability and accompanying accommodations need to be added to the Section 504 plan.
Re-evaluations will follow the same procedures used during the initial evaluation, including scheduling a Section 504 meeting, with advanced written notification to the parents including the Procedural Safeguards.
Dismissal From Services
Before a student can be dismissed from Section 504 services, the Section 504 team shall determine whether the student continues to have a disability that substantially limits one or more life activities. If it is determined that a student no longer has a disability that substantially limits a major life activity, that student shall be exited from Section 504. This decision must be properly documented and placed in the student’s Limited Access Folder and reflected in the on-line student data management system.
Parental Consent of Services
Section 504 requires informed parental permission for initial Section 504 evaluation and services. Should a parent refuse consent to Section 504 evaluation and/or initial services, the refusal shall be documented in writing along with documentation that the parent has received a copy of the Section 504 procedural safeguards.
If after provision of services, a parent revokes consent for continued Section 504 services, a 504 team meeting shall be convened and the student shall be re- evaluated to determine whether the student continues to have a disability that substantially limits one or more life activities. If it is determined that a student, for whom the parent has revoked services, continues to have a disability that substantially limits a major life activity and Section 504 accommodations are necessary to meet the student’s individual educational needs, the Section 504 team’s decision must be properly documented in writing, the parent should be advised of the team’s recommendation to continue Section 504 services and the parent shall put in writing the desire to terminate Section 504 services.
Parental Notification
Parents shall receive written notification of all Section 504 meetings to include the following:
Meeting invitation - The Section 504 Team shall provide the parent an invitation to all team meetings and advance notification of the purpose of the meeting, at least five school days prior to the meeting date.
Procedural Safeguards - Parents shall be provided a copy of the Section 504 Procedural Safeguards with notification of each Section 504 meeting. The procedural safeguards shall contain information concerning a parent's right to notice, the opportunity to examine relevant records, an impartial hearing with opportunity for participation by the student's parents/guardians and representation by counsel, and a review procedure.
Written minutes - The parent shall also be provided written minutes of all Section 504 Team decisions reached at meetings. The minutes shall include a statement of the reasons for each decision and describe the evaluation data used to reach each decision.
Students disabled under Section 504 will participate in field trips, to the maximum extent appropriate to their individual needs. Schools must make the necessary arrangements for field trips in advance and in such a manner as to allow students with disabilities an equal opportunity to participate. Attendance of a parent/ guardian may not be a requirement for participation. Consideration should be given to the need for specialized transportation.
A student who has a disability under Section 504 will have the same opportunity to participate in extracurricular activities as any other student. The Section 504 plan may include accommodations for the student to access extracurricular activities, if necessary. Students with disabilities must meet the same academic eligibility requirements as their non-disabled peers as described in Administrative Procedure 5122.
If, at any time, the school team suspects that the student may have a disability under the Individuals with Disabilities Education Act (IDEA) and demonstrates a need for specialized instruction beyond the accommodations and services provided by a Section 504 plan, a referral shall be made to the IEP team.
Manifestation Determination review. The Section 504 team must conduct a Manifestation Determination review to determine whether the conduct that prompted the disciplinary action was a manifestation of the student’s disability.
The Section 504 Team shall consider all relevant information in relation to the behavior that resulted in the disciplinary action including:
Diagnostic results and evaluations;
Observations of the student;
Information supplied by the parents;
The student’s Section 504 plan and Behavior Intervention Plan, if applicable; and
The student’s current educational placement.
The Section 504 Team may determine that the behavior is not a manifestation of the disability if:
The behavior subject to the disciplinary action was not a direct result of the failure to implement the Section 504 Plan; and
The conduct was not caused by and did not have a direct and substantial relationship to the disability.
If any of the standards set forth are not met, the Section 504 Team must find that the behavior is a manifestation of the disability, and the student must be returned to school.
If the Section 504 Team determines that the conduct that prompted the disciplinary action was not a manifestation of the student’s disability, the student may be subjected to the same disciplinary measures as a student without disabilities who engages in comparable behaviors.
If the Section 504 Team determines that the conduct that prompted the disciplinary action was a manifestation of the student’s disability, it shall:
Review and revise as appropriate the student’s Section 504 Plan to address needed services;
Review and revise as appropriate the student’s Behavior Intervention Plan to address the problem behavior;
Determine whether the student’s current placement is appropriate;
Implement services as soon as possible; and
Discontinue the suspension/expulsion.
The Section 504 Team may, after a review, determine an alternative placement that provides the student a free appropriate public education, is more appropriate. The Section 504 meeting minutes must provide a clear description of the specific actions taken and the reasons considered.
Change in Placement
The Section 504 Team shall meet and conduct a Functional Behavioral Assessment within 10 days of the decision to remove a student for more than 10 schools days in a school year, and a Behavior Intervention Plan shall be developed if one had not been previously done. If the student already had a Behavioral Intervention Plan, the Section 504 team should consider making revisions to the Behavior Intervention Plan to address the behavior that led to the disciplinary action.
Educational Services during Periods of Removal
A school is required to provide services to a student with a disability under Section 504 who has been disciplinarily removed for less than 10 school days, or for more than 10 days when the Section 504 Team has determined that the behavior is not a manifestation of the disability, if services are provided to students without disabilities, in accordance with the Student Rights and Responsibilities Handbook.
Discipline of a Regular Education Student Suspected of Having a Disability under Section 504
A student who has not been identified as disabled under Section 504 and who has engaged in behavior in violation of the Student Rights and Responsibilities Handbook, may assert the protections available to disabled students, if the school had knowledge that the student was disabled before he/she engaged in the behavior which precipitated the disciplinary action. The school is deemed to have knowledge that a student is disabled if:
The parent has requested an evaluation, in writing to determine whether the student has a disability under Section 504; or
The student’s teacher or other school personnel have made a written referral to the Section 504 team.
The school system does not have knowledge if the parent:
Has not allowed an evaluation of the student;
Has refused services under Section 504; or
The student has been evaluated and it was determined that the student did not have a disability that substantially limits one or more major life activities.
If the school does not have knowledge that a student has a disability prior to taking disciplinary action, the student may be subjected to the same disciplinary measures as a student without disabilities who engages in comparable behaviors.
If a request for evaluation is made during the time in which the student is subjected to disciplinary measures, the evaluation must be expedited.
Pending the results, the student remains in the educational placement determined by the school, including expulsion. If based on the school system’s evaluation, the student is determined to be eligible for a Section 504 Plan, services will be provided and all procedural safeguards will be followed.
A school may seek a court order to remove a student with a disability under Section 504 who presents a danger to themselves or others. A request to remove a student shall be made by the principal using the appropriate school system protocol.
When a report of bullying is submitted, school administration shall take the following actions:
Administrative Procedure 5125 addresses procedures regarding maintenance and access to student confidential records
This Administrative Procedure originates with the Division of Student Services. Regular updating of procedures will be accomplished when changes are required.
This Administrative Procedure cancels and supersedes Administrative Procedure 5146, dated August 1, 2015.
September 1, 2017
Last Revised: September 1, 2017