504 Service Agreements
504 Service Agreements
Chapter 15/Section 504 protects the individual who has or has had a physical or mental impairment that substantially limits a major life activity, or who is regarded by others as having a disability. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for one’s self, and performing tasks (see the Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act for additional examples of major life activities).
Under Section 504 of the Rehabilitation Act and Chapter 15 of the State Board of Education Regulations, a school cannot discriminate against a student who is otherwise qualified to participate in the school program on the basis of his or her disability. Students eligible under Section 504/Chapter 15 are eligible to receive related aids and services that will enable them to receive a free and appropriate public education. The impairment needs only to substantially limit one major life activity for the student to be determined to have a disability.
Examples of disabilities covered under Section 504:
- Student breaks their arm in 5 places
- Student is deaf and needs accommodations to play sports
- Student has cancer, diabetes, epilepsy, migraines, allergies, asthma, depression, anxiety, ADHD
- Student uses a wheelchair
Chapter 15/Section 504 differs from IDEA in that it protects the rights of individuals with disabilities, while IDEA is an educational benefits law that requires special education and related services as determined by a student’s IEP team. All students with IEPs are also covered under Chapter 15/Section 504 and the necessary accommodations should be listed in the student’s individualized education plan.
Eligibility under Chapter 15/Section 504 includes a broader range of disabilities than that of special education eligibility. It is the responsibility of the general education program to develop and implement a plan to meet the needs of the student. Services are provided by the school without cost to the student or family.
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Roles
Responsibilities
District 504 Coordinator
(Director of Student Services)
- Facilitate the implementation of the district’s policies and procedures related to Section 504/ADA and ensure that they are applied consistently across the district and at each school building
- Serve as a daily resource to the building administrators, teachers, parents/ guardians, and community members regarding Section 504 issues
- Oversee Section 504 referrals/evaluations
- Distribute appropriate forms to parents/guardians, medical provider, and educators
- Obtain parental consent before all evaluations, modifications, or terminations
- Investigate complaints alleging violations of Section 504/ADA, discrimination based on disability, and disability harassment
- Coordinate due process hearings when requested
- Schedule periodic re-evaluations of all students who are eligible under Section 504
- Manage 504 caseload assignments and assure that Section 504 Plans move with the student to the next grade level/school
Building 504 Coordinator/Case Manager
(Building Administrator or designee)
- Send referrals for 504 evaluations/multidisciplinary evaluations to the Students Services Department
- Determine appropriate Section 504 team composition
- Oversee development of Section 504 Plans
- Schedule annual reviews of each Section 504 Plan prior to the annual date
- Disseminate Section 504 Plans to appropriate staff and obtain all appropriate signatures
- Monitor the implementation of Section 504 Plans
- Serve as a liaison between the school building and other district staff regarding Section 504 agreements
- Maintain contact with the District Section 504 Coordinator and request assistance and training when needed
Teachers of Record
- Direct parents/guardians who are requesting a 504 to Director of Student Services
- Complete Educator Input Forms
- Provide 504 Case Manager input regarding student performance and curriculum based assessment data such as grades, standardized tests scores, classroom assessments, behavior observations, and notes, etc.
- Participate in 504 meetings or provide above-mentioned written input to aid in the development of Section 504 Plans
- Follow all accommodations listed in student’s Section 504 Plan
Parent/Guardian(s)
- Sign Permission to Evaluate and complete Parent Input Form
- Provide documentation specific to the child’s disability from Medical Provider
- Participate in 504 Eligibility Determination and meetings to develop Section 504 Plans
- If a parent does not agree with the 504 team’s decision, he or she may follow the district grievance procedure
- Contact District 504 Coordinator or Building 504 Coordinator with any concerns or changes to the student’s Section 504 Plan
Medical Provider
- Provide documentation to parents regarding the student’s disability and ways in which it may present in a school setting
- Respond to parent/guardian or school requests for additional information that will help to guide the 504 Team to provide the most appropriate accommodations for a student’s Section 504 Plan
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Student may be identified as eligible for protections under Chapter 15 in a variety of ways:
- Through a multidisciplinary evaluation, the team will determine that a student is not eligible for Chapter 14 services but will recommend Chapter 15 services
- Through a re-evaluation, an IEP team may determine that special education services are not necessary, but that accommodations would provide the means to an education that is equitable to the student’s nondisabled peers
- School professionals may recommend that a student be evaluated for services and accommodations
- A parent may request, in writing, that a student be evaluated for Section 504 services
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With parental consent, evaluations are conducted by professionals familiar with handicapping conditions. The evaluation should include information from a variety of sources, including parents, medical personnel, school psychologists, teachers, related service providers, and/or anyone who interacts with the student on a regular basis.
It is the educational entity's responsibility to ensure that appropriate services are provided in a reasonable amount of time in accordance with Chapter 15 regulations. California Area School District is committed to identifying qualifying students as part of the Child Find requirements and henceforth evaluations are expected to be completed within 60 days of receipt of parental consent.
If a student is determined to be eligible for services and parental consent is given, a written service agreement must be developed to meet the needs of the student. California Area School District is committed to ensuring that identified students are receiving services/supports in a timely manner once identified; therefore, with parental consent, 504 Service Agreements should be developed within 30 days of the completed evaluation.
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Chapter 15 requires that a service agreement be written for each “Protected Handicapped Student.” The service agreement outlines those accommodations that have been agreed to by the school and parents. The LEA requires parental consent prior to providing services. It is recommended that the service agreement be reviewed annually to ensure that it remains current. All personnel working with the student should be aware of the provisions of the service agreement so they can implement it. Parental notification is required if there is a change to the service agreement or if the student’s eligibility for services or accommodations changes.
The Building 504 Coordinator should follow the steps outlined below once a student is identified as “eligible” for a 504 Service Agreement:
- Building 504 Coordinator contacts members of the 504 team and the parent/guardian to schedule an initial 504 meeting (Parent/Guardian contact should be documented in the parent contact log. Upon scheduling the meeting, an invitation to participate in the meeting, the annual notice to parents, and the procedural safeguards should be sent to the parent/guardian)
- Building 504 Coordinator coordinate the development of the 504 Service Agreement based on 504 evaluation and team input on the date of the meeting and attend the meeting as the LEA representative (All team members in attendance should sign the agreement)
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Parents may file a written complaint with the school district if the parent feels as though the 504 has not been implemented and/or attempts to problem solve with school staff has not been effective. Complaints can be submitted by completing the complaint form and submitting to Director of Student Services, Attn: Stephanie Hoesly or emailed to hoeslys@calsd.org
Parents may file a written request for assistance with the Department of Education if the school district is not providing the related aids, services, and accommodations specified in the service agreement and/or the school district has failed to comply with the regulations in Chapter 15 of the State Board.
The Department of Education will investigate and respond to requests for assistance and, unless exceptional circumstances exist, will, within 60 calendar days of receipt of the request, send to the parents and school district written response to the request.
Written requests should be addressed to Pennsylvania Department of Education, Bureau of Special Education, 333 Market Street, Harrisburg, PA 17126.
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The complainant may file a complaint with the Office for Civil Rights at any time before, during, or after the local grievance procedures. The contact information for the regional office is as follows:
U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Resources:
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PA
Chapter 15
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California Area School District
504 Complaint Form