504 Child Find

Pursuant to Section 504 of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students.

Children eligible for Section 504 (Rehabilitation Act of 1973) services include those children who have a current physical or mental impairment that currently substantially limits some major life activity which causes the student’s ability to access the school environment or school activities to be substantially limited.

For additional information about the rights of parents of eligible children, or for answers to any questions you might have about identification, evaluation and placement into Section 504 programs, please contact the District's Section 504 Coordinator, DeAnna Humphrey at 409 267-2017, or by mail at PO Box 1270, Anahuac, Texas 77514.

Aviso de Identificacion de Estudiantes Incaacitados bajo la Seccion 504

Bajo la Seccion 504 del Decreto de Rehabilitacion de 1973, el Districto Escolar esta obligado a identificar, referir, evaluar, y propocionar servicios educativos apropriados y gratuitos a los estudiantes incapacitados que califican bajo esta ley. Si usted desea mas informacion sobre los derechos de padres de ninos incapacitados, o si tiene preguntas sobre la identification, evalucaion, y colocacion de ninos en el programa de Seccion 504, favor de ponerse in contacto con el Coordinador de 504 del Distrito, DeAnna Humphrey, el numero 409 267-2017, o pro correo a la siguiente direccion: PO Box 1270, Anahuac, Texas 77514.

504 Guidelines

Section 504 Guidelines for Students

Section 504 is part of the Rehabilitation Act of 1973. The act seeks to prohibit discrimination and ensure that qualifying students have educational opportunities and benefits equal to those provided to non-disabled students.

These guidelines are designed to provide a system of identifying eligible handicapped children as defined under Section 504 of the Rehabilitation Act of 1973 (Section 504) enabling Anahuac ISD to ensure that all of the rights of these children are protected.

Definition

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in all programs and activities that receive federal financial assistance. An eligible student is one:

who has a physical or mental impairment which substantially limits one or more major life activities;
has a record or history of such an impairment; or
is regarded as having such an impairment.

Child Find

The district annually notifies students with disabilities and their parents or guardians of the district's responsibilities under Section 504. Sources of notification may include student handbooks, newspaper articles, and the Anahuac ISD website.

The district assures that disabled students have educational opportunities and benefits equal to those provided to nondisabled students.

Anahuac ISD is required to provide a free appropriate education to school-age children within the district's jurisdiction who qualify under Section 504.

FAPE

A student qualifying under Section 504 is entitled to a Free Appropriate Public Education (FAPE). An appropriate education refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of handicapped persons as adequately as the needs of non-handicapped persons are met.

Referral Process

Referral of students to determine if a student qualifies for 504 services is a part of the district's overall regular education student pre-referral or screening system. Students having trouble in the regular classroom are considered for support services available to all students such as tutorial, remedial, compensatory, and other services. Each campus has an Intervention Assistance Team (IAT). This team may be composed of regular and special education teachers, the counselor, and an administrator as well as other specialists who work together as a problem solving team. The IAT offers suggestions and support to teachers when a student is referred for academic or behavioral problems. The IAT works to help students be successful before other program referrals. A referral for 504 eligibility is considered after pre-intervention strategies have been tried, but the student is still not being successful.

When the campus Intervention Assistance Team refers a student for 504 consideration, the parents are notified of Procedures Safeguards under 504 and a consent for evaluation is obtained. The campus counselor/designee is responsible for distributing and collecting necessary data including educational records, home language survey, documentation of previous educational interventions, vision and hearing screening, updated health history, information from teachers and parents and for contacting the parents. The referral for 504 consideration may be initiated by the parent/guardian, school personnel, physician, or other appropriate individuals. If a student is referred for dyslexia evaluation additional notification is required.

Campus 504 Coordinator

The school counselor is the 504 coordinator on each campus.

Procedure Safeguards

Procedural safeguards provided to parents or guardians include:

The right to file a grievance with the school district over an alleged violation of Section 504 regulations
The right to have an evaluation that draws on information from a variety of sources
The right to be informed of any proposed actions related to eligibility and plan for services
The right to examine all relevant records
The right to receive all information in the parent/guardian’s native language and primary mode of communication
The right to periodic re-evaluations and an evaluation before any significant change in program/service modifications
The right to an impartial hearing if there is a disagreement with the school district’s proposed action
The right to be represented by counsel in an impartial hearing process
The right to appeal the impartial hearing officer’s decision.

Parents/guardians are provided copies of their Section 504 rights:

Upon eligibility determination;
When a plan is developed; and
Before there is a significant change in the plan or services.

Major life activities

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentration, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active shall be considered. The determination of whether an impairment substantially limit a major life activity shall be made without regard to the ameliorative effects of mitigating measures including 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.

Potential handicapping conditions under Section 504 which may be covered include:

dyslexia;
communicable diseases such as AIDS, AIDS related complex (ARC), or asymptomatic carriers of the AIDS;
chronic asthma and severe allergies;
diabetes;
cancer;
ADHD (with or without hyperactivity);
behavior disorders;
chronic diseases;
orthopedic disorders; and
temporary handicapping conditions such as broken limbs (if substantial limiting one or more major life activities for an extended period of time)

In most cases, determination of 504 eligibility can be made by gathering information already available to the school in the student's school records. Information may include, but is not limited to:

past and current report cards;
current vision and hearing screening;
standardized test data;
health information including current medications;
results from state assessments including TAKS, OLPT, TELPAS, TPRI;
results from local assessments;
current classroom performance report from teachers;
disciplinary records;
attendance records;
parent information;
behavior checklists;
school records from previous schools; and
results of dyslexia evaluation.

Evaluations

When formal evaluation measures are required, all tests, assessments, and evaluation given must:

be validated for the specific purpose for which they are used;
be administered by trained personnel and in conformance with the instructions provided by the producer of the evaluation materials;
include material tailored to assess specific areas of educational need and not merely materials designed to provide a single general intelligence quotient; and
be selected and administered so as to ensure that, when a test is given to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level, or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills.

The parent has the right to examine relevant records. If a parent disagrees with the district's evaluation results, there is no right to an independent evaluation at public expense.

Students being evaluated for dyslexia and related disorders will follow the guidelines set by the district for dyslexia evaluations.

Purpose of 504 Assessment

The purpose of the Section 504 assessment is to provide accurate data; to determine whether or not a handicapping condition exists; and to collect information that can be utilized to develop an appropriate Section 504 plan if the child is determined eligible.

Outside Evaluations

The 504 committee will consider reports from private professionals, but is under no obligation to follow the recommendations given by the private professionals.

Annual Review

A student’s 504 plan is reviewed annually or, if needed, more frequently. The purpose of the review is to add, subtract, or modify student accommodations in response to any change in the student’s program or disabling condition.

Reevaluations

Once a student is identified as qualifying for 504, periodic reevaluations must be conducted. The District shall conduct a reevaluation at least once every three years or as needed. A reevaluation will be conducted before any significant change in placement occurs. The parent will be notified before any reevaluation.

The Special Services Office will maintain a tracking system to assure that students are reevaluated within the specified timeline.

504 Committee

Once all the necessary documents have been collected and no other evaluation is necessary, the Special Services secretary is notified in order to mail the parent/guardian an invitation to the 504 meeting. The counselor/designee on each campus will provide the teacher input sheets for distribution.

Professional school personnel who are knowledgeable of the student, the meaning of the evaluation data, and the placement options on each campus consider the data and make the judgment as to whether or not a student is eligible for 504 status. The 504 committee may consist of teachers, counselor and administrators (at least three members).

The committee reviews all data collected, any evaluations conducted, and any other relevant materials such as work samples, reports of observations, and anecdotal records.

The committee may determine based on existing documentation:

that there is no evidence of a suspected handicapping condition under Section 504;
that a suspected handicapping condition may exist which adversely affects the student's education and requires a comprehensive assessment. The student is referred for a Full and Individual Evaluation under IDEA. (A student qualifying under IDEA is also protected under 504);
that more information is required to determine whether or not a student has a suspected handicapping condition. The committee will reconvene until it has sufficient information to make a determination as to whether or not the student meets 504 guidelines;
that the student appears to have a handicapping condition under Section 504

which adversely affects the student's education.

Once the committee determines that a student qualifies under Section 504, it makes a determination regarding the specific needs of a student as they relate to the definition of a qualified handicapped individual. This is called an Accommodation Plan. A Behavior Management Plan is developed for any student with significant behavior problems.

The intent of the plans is to offer reasonable accommodations in order to provide equality and opportunity. An accommodation must not impact the rigor and/or validity of the subject matter being taught or assessed and does not fundamentally alter or lower the standard or expectation of the course, standard or test. The purpose of the plans is to create a "level playing field' in regular education classes so that the student has access to the same level of education offered to the non-disabled student.

A copy of the Accommodation Plan is given to the student's teacher(s) who is asked to sign a Receipt of Instructional Accommodation and/or Behavior Management Plan form which acknowledges that the teacher has received a copy of the instructional accommodations and/or behavior management plan for the student and understands how to implement them.

Accommodations may occur in three areas:

Physical accommodations;
Instructional accommodations; and
Behavior accommodations.

Examples of accommodations include the following:

Pacing
Environment
Presentation of Material
Materials and Equipment/Assistive Technology
Grading
Assignments
Reinforcement and Follow-Through
Testing Adaptations.

Student Does Not Qualify

If the committee determines that the student is not handicapped as defined by Section 504, the committee will consider other available program options. A regular education intervention plan may be appropriate.

Least Restrictive Environment

Students who qualify under Section 504 must be educated to the maximum extent appropriate in the least restrictive environment. Equal opportunity is available in all areas including counseling, physical education, athletics, transportation, health services, special interest group or clubs sponsored by the school, and referrals to other agencies.

Parent Participation

Parents are invited to 504 committee meetings but are not required to be members of this committee. Parents are notified of the results of all 504 meetings concerning their child and given a copy of the Accommodation Plan. The parents of qualifying students are asked to sign a consent form agreeing to the 504 Plan upon initial identification as a qualifying student.

State Assessments

Section 504 students are required to take all state assessments unless the student is a special education student.

Allowable accommodations for a 504 student having dyslexia or a related disorder are found in the coordinator's manual each year. The decision to use a particular accommodation with a student is made on an individual basis considering the needs of the student and whether the student routinely receives the accommodation in classroom instruction.

Academic/Behavior Concerns

The 504 committee may meet any time a student is experiencing difficulty in school to review the 504 plan and make necessary adjustments. If the committee suspects that a child would qualify as a student with a disability under IDEA, a referral should be made for special education testing. Any student tested but not qualifying for special education is considered for 504 eligibility.

Facilities

The student has a right to facilities, services, and activities that are comparable to those provided for nondisabled students.

Grievance Process

Parents who wish to challenge a decision of the campus Section 504 Committee regarding the identification, evaluation, or educational placement of a student shall file a written notice of appeal with the district Section 504 Coordinator within 10 calendar days of the date of the notice of the campus 504 Committee decision with which they disagree.

A written appeal should be directed to:

Mrs. DeAnna Humphrey
Anahuac ISD
Special Services Office
PO Box 1270
Anahuac, Tx. 77514.

Within 30 calendar days of receiving the written notice of appeal, the district 504 Coordinator will schedule a hearing with an impartial hearing officer. The district 504 Coordinator will provide written notice to the parents of the date, time, and place for the hearing, as well as their right to participate and be represented by counsel. The hearing officer may reschedule the hearing upon good cause shown by either party.

The impartial hearing officer shall not be an employee of the AISD, shall not be a member of the Board of Trustees, and shall not be related to any member of the Board of Trustees in a degree that would be prohibited under the nepotism statue. The impartial hearing will be provided at no cost to the parent. The fact that the AISD pays the fee for the impartial hearing officer does not make that person an employee of the district. It is not required that the hearing officer be an attorney; however, the impartial hearing officer should be someone familiar with the requirements of Section 504.

The hearing will be conducted in an informal and non-adversarial manner. The rules of evidence and procedure do not apply. However, the hearing officer may limit any evidence from either party that he or she believes to be irrelevant to the issues or redundant. A written transcript of the proceedings will not be provided. The district will tape record the proceedings. The parents are entitled to receive a copy of the tape at a reasonable cost.

At the close of the hearing, the hearing officer will render a decision at that time, if possible. If the hearing officer wishes to take the evidence under advisement, a decision will be rendered within 15 calendar days of the close of the hearing. The decision will be in writing and will explain the hearing officer’s decision and the evidence on which it is based. Formal finding of fact and conclusions of law are not required.

Review Procedure

If the parents or guardians disagree with the decision of the impartial hearing officer, they may seek a review of the decision by a court of competent jurisdiction.

Discipline

Before a student's placement can be changed for more than 10 school days for disciplinary reasons, the 504 Committee will make a “manifestation determination” prior to a Section 504 student being expelled or disciplined in a manner that constitutes a significant change of placement. The manifestation determination is an inquiry into whether a causal or direct relationship exists between a student’s behavior and his/her disability. Such a determination is based on the following questions:

Is the educational placement appropriate?
Is the assessment/evaluation data current?
Is the behavior directly related to the disability?

If there is a relationship, the committee must review the student’s placement to determine if it is appropriate and make any necessary changes. If the disability caused the student’s behavior, the student cannot be expelled; however, the student may be placed in a more restrictive environment tailored to help correct behavior problems.

If there is no relationship between the misconduct and the disability, the student may be imposed normal disciplinary measures. The student will be provided sufficient services designed to prevent significant regression if expulsion occurs.I

f a significant change in placement occurs, the parents are advised of their procedural safeguards. The parents may request a hearing if they disagree with the determination regarding the relationship of the behavior to the disability or with regard to the subsequent placement proposal made by the 504 team.

A series of shorter removals that total more than 10 school days may constitute a significant change of placement and require a reevaluation. The purpose of the reevaluation is to determine whether the current placement is appropriate. Whether a significant change in placement has occurred depends on:

the length of the suspension from the regular placement;
the proximity of the suspension to each other; and
the total amount of time the child is excluded from school.

OCR Complaints

Parents or guardians who believe that the district has violated the provisions of Section 504 are entitled to file a complaint with the Office of Civil Rights (OCR). The Regional Office of Civil Rights, which has jurisdiction of Texas, can be contacted as follows:

Texas OCR Enforcment Office
The Office for Civil Rights
Dallas Regional Office
1999 Bryan, Suite 2600
Dallas, Texas 75201 Telephone | (214) 661-9600
Fax | (214) 661-9587 | TDD (877) 521-2172

Court Actions

Parents or guardians are not required to file a complaint with the Office of Civil Rights or request that the AISD hold an impartial hearing. Parents or guardians may file suit directly in any court of competent jurisdiction alleging a violation of Section 504.M

Mediation

A parent may wish to mediate a dispute under Section 504 with AISD personnel rather than requesting an impartial hearing, filing an OCR complaint or filing suit. If so, the parent should contact the district Section 504 Coordinator.