Section 504/ADA Procedures Manual For Students - Brevard Public ...

Section 504/ADA
Procedures Manual
For Students
School Board of Brevard County,
Florida
August 2009

SCHOOL BOARD OF BREVARD COUNTY
EDUCATIONAL SERVICES FACILITY
2700 JUDGE FRAN JAMIESON WAY
VIERA, FLORIDA 32940-6601
SCHOOL BOARD MEMBERS
Robert Jordan, Chairman
Dr. Barbara A. Murray, Vice-Chairman
Amy Kneessy
Karen Henderson
Andy Ziegler
SUPERINTENDENT
Dr. Brian T. Binggeli
ASSISTANT SUPERINTENDENT
OFFICE OF STUDENT SERVICES &
EXCEPTIONAL STUDENT EDUCATION
Betty A. Dunn
Office of Exceptional Education
Program Support Services
Section 504/ADA Coordinator
Eva Lewis, Director
Office of Exceptional Education
Administrative Support Services
Dr. Karen O. Palladino, Director
Kim Riddle, Resource Teacher

TABLE OF CONTENTS
Part I: Law
Introduction......................................................................................................................................2
Overview..........................................................................................................................................3
Definitions Under Section 504/ADA ...............................................................................................4
Procedural Requirements .................................................................................................................8
Family Educational Rights and Privacy Act (FERPA) ....................................................................9
Procedural Safeguards Under Section 504/ADA ...........................................................................10
Grievance Procedures.....................................................................................................................11
Impartial Hearing Procedure..........................................................................................................13
Section 504 of the Rehabilitation Act of 1973...............................................................................14
ADA Amendments to Section 504.................................................................................................21
Americans With Disabilities Act ...................................................................................................22
Part II: Procedures
How Does Section 504 Fit?............................................................................................................35
Process Flowchart ..........................................................................................................................36
Section 504 Contact Responsibilities.............................................................................................38
Referral, Screening, Evaluation and Placement .............................................................................39
Evaluation ......................................................................................................................................40
Eligibility .......................................................................................................................................41
Placement .......................................................................................................................................43
Yearly Review................................................................................................................................44
Three (3) year Reevaluation...........................................................................................................45
Dismissal........................................................................................................................................45
Transition .......................................................................................................................................46
FCAT .............................................................................................................................................46
Transfer Students ...........................................................................................................................46
Gifted Students...............................................................................................................................46
Temporary Disability Guidelines...................................................................................................47
Private School ................................................................................................................................47
504 to ESE .....................................................................................................................................47
Postsecondary Services ..................................................................................................................47
Large Print Materials for Section 504/ADA Students ...................................................................48
Part III: Discipline
Discipline .......................................................................................................................................50
Manifestation Determination Form................................................................................................52
Procedural Safeguards....................................................................................................................53
Discipline Flow Chart ....................................................................................................................54
Part IV: Appendices
Appendix A – Procedural Safeguards ............................................................................................56
Appendix B – Educational ADHD Determination Procedures......................................................58
Appendix C – Sample Accommodations .......................................................................................69
Appendix D – Questions & Answers .............................................................................................78
Appendix E – Forms ......................................................................................................................83
Appendix F – TERMS .................................................................................................................103
Appendix G – References for the Section 504 Contact ...............................................................113
Appendix H – Resources..............................................................................................................122
Appendix I – References..............................................................................................................124

Part I
Law
07/30/2009 1

INTRODUCTION
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights statute that
provides: "No otherwise qualified individual with a disability shall, solely by reason of a
disability, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance…"
Individualized accommodations shall be provided to qualified students with disabilities
when required to provide the student with an equal opportunity to benefit from the
instructional program or nonacademic services.
The Americans with Disabilities Act (ADA) of 1990 extends the Section 504 civil rights
protections prohibiting discrimination against individuals with disabilities to most of the
private sector and to sections of state and local government. Title II of the ADA
requirements is very similar to the requirements of Section 504. It extends the
requirements of Section 504 to all public entities, whether or not they receive federal
funds. The Americans with Disabilities Act Amendments Act of 2008, effective January
1, 2009, amended the ADA of 1990 and included a conforming amendment to the
Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The
Amendments Act broadens the interpretation of disability.
As a public entity receiving federal funds, the School Board of Brevard County shall
abide by both Section 504 and the ADA. Therefore, they are addressed together in this
manual to clarify the expectations and implications of these regulations.
NOTE
Within this manual the designations "handicapped person," "disabled
person," "person with a handicap," and "person with a disability" are
used. When the Americans with Disabilities Act (ADA) was enacted,
congress directed that the regulations implementing the employment
sections of ADA be modeled on the regulations implementing Section
504. Accordingly, although the more accepted term for identifying
protected persons has become "person with a disability," the definition
of "disability" is identical to the definition of "handicapped" in Section
504.
07/30/2009 2

OVERVIEW
Section 504
of the
Rehabilitation Act of 1973
SECTION 504 OF THE REHABILITATION ACT OF 1973
IS A CIVIL RIGHTS STATUTE
THAT PROVIDES:
"No otherwise qualified individual with handicaps in the United States…shall,
solely by reason of his/her handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance or activity conducted by any executive
agency or by the United States Postal Service." (29USCs.794)
AMERICANS WITH DISABILITIES ACT (ADA)
The Americans With Disabilities Act (ADA) extends the Section 504 civil rights
protections prohibiting discrimination against individuals with disabilities to most
of the private sector and to sections of state and local government. It guarantees
equal opportunity for individuals with disabilities in public accommodations,
employment, transportation, state and local governments and telecommunications.
07/30/2009 3

Definitions Under Section 504/ADA
Individual with a Disability:
I. Has a physical or mental impairment which substantially limits one or more major life
activities;
II. Has a record of such impairment; or
III. Is regarded as having such an impairment.
I. Has a physical or mental impairment which substantially limits one or more major life
activities:
The determination is not based on the existence of a condition or impairment but rather by its
impact on the individual.
Physical or Mental Impairment:
The legal definition does not identify a list of specific diseases and conditions that constitute
physical or mental impairment because of the difficulty of ensuring the comprehensiveness of
the list. The term includes (A) "any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and
endocrine; (orthopedic, visual, speech and hearing impairments; cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, ADHD, heart disease, diabetes, etc.) or (B)
any mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
Examples:
Non-Examples:
ADHD students who are not LD, OHI or EBD
Diabetics, Asthmatics, HIV/AIDS
LEP students
Low SES students
Students with low IQ
Major Life Activities:
The impairment need only substantially limit one major life activity to be eligible for
protections under Section 504/ADA. Examples of major life activities include:
Walking
Eating
Seeing
Sleeping
Hearing
Standing
Speaking
Lifting
Breathing
Bending
Learning
Reading
Working
Concentrating
Performing Manual Tasks Thinking
Caring for One’s Self
Communicating
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Each of the major life activities is viewed globally. The major life activity most relevant in
the educational context is Learning or access to Learning.
Examples:
Non-Examples:
• Total Report Card • Not just Math
• A series of F's • Not just one or two 'F's"
• Total GPA • Not one area
• Evidence of a pervasive problem
in learning
• Not one specific problem, i.e. only
• Poor organizational skills
• Poor written expression
Substantially Limits:
The team must determine that there is a "SUBSTANTIAL" limitation, not a "MILD OR
MODERATE" limitation. The legal trend indicates the relevant frame of reference for this
comparison to be the average student of the same age in the general population. This means the
team compares a student to the national population (same grade/age) and not to the student's
individual potential. If the major life activity identified is Learning, standardized achievement
tests (normative data and percentiles) are excellent to use as one of the sources in the
evaluation.
Compare to an average student of the same age in the general population in the major life
activity of Learning:
Example:
• Standardized Achievement Test
scores at/or below the 10 th %ile.
Non-Examples:
• Average student with Standardized
Achievement Test scores above the 30 th
%ile.
• Student who qualifies for Gifted
Student Program with average grades.
The Office for Civil Rights (OCR) has determined that a student who is succeeding in regular
education - the achievement of passing marks and advancement from grade to grade - without
modifications does not have a disability which substantially limits the ability to learn.
Source: SECTION 504 COMPLIANCE ADVISOR, Volume 3, Issue 10, December 1999
07/30/2009 5

II.
Has a record of such impairment:
A student who has a history of mental or emotional illness, cancer, or another condition that
substantially limits a major life activity is protected IF someone attempts to DISCRIMINATE
against the person on the basis of that record.
We do not determine eligibility or write Accommodation Plans for this!
III.
Is regarded as having such an impairment:
A person may have an impairment that in fact does NOT seriously limit a major life activity,
but is treated as if he/she had such an impairment. Restrictions may result from attitudes that
have no basis in fact. For example, a person who has severely burned skin may face
restrictions that are not based on any actual limitation of abilities.
We do not determine eligibility or write Accommodation Plans for this!
Students are protected from discrimination under II and III of the definition. But only students
with disabilities who fall under I qualify for Free Appropriate Public Education (FAPE).
If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment,
substantial limitation and major life activity) of Section 504/ADA eligibility but needs
accommodations, the school should provide them under its general mission of meeting the
needs of all students, i.e. good teaching strategies/practices, not under a Section 504 plan.
(Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12, January 14, 2000.)
More definitions:
Program or Activity:
The term includes all programs or activities of the Florida Department of Education and of all
school districts receiving federal funds regardless of whether the specific program or activity
involved is a direct recipient of federal funds, i.e., any program contracting with the School
Board of Brevard County, Florida must comply with Section 504/ADA regulations.
Equally Effective:
Under Section 504/ADA this means EQUIVALENT as opposed to IDENTICAL. To be
equally effective an aid, benefit, or service need not produce equal results; it must merely
afford an equal opportunity to achieve equal results. Section 504/ADA does NOT guarantee
achievement or performance, only a guarantee of equal opportunity to learn. (Equality of
opportunity, not result!)
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Placement Under Section 504/ADA:
Once a student is identified as being eligible, a decision must be made regarding the type of
services the student needs, development of an Accommodation Plan.
Educational Clarification of Section 504/ADA
OCR has determined that a student who is succeeding in regular education - the achievement of
passing marks and advancement from grade to grade - without modifications does not have a
disability which substantially limits the ability to learn. The eligibility must be determined
based on not only the presence of a handicapping condition (impairment), but the impairment
must limit a major life activity, SUBSTANTIALLY. It is important that the eligibility
committee for Section 504/ADA compare the performance of the student to the performance of
the average student, in the same age/grade level, across the national population.
(Source: Refer to Resources in Appendix H)
07/30/2009 7

PROCEDURAL REQUIREMENTS
What are the Procedural requirements of Section 504/ADA?
To be in compliance with Section 504/ADA school districts must provide for public notification of their policies
of nondiscrimination and of their grievance procedures. They must publicly identify the person who coordinates
compliance. The following information is adapted from "Meeting the Needs of Students, Section 504 of the
Rehabilitation Act of 1973." Florida Department of Education, March 1992.
Questions & Answers: Specifically, districts must do the following:
Q Must the district provide written assurance of nondiscrimination whenever the district receives federal
money?
A 34 CRF 104.5 (a). Yes. This assurance form is provided by the federal government and districts have made such
assurance since 1977.
Q Is there a designated employee to coordinate compliance with Section 504/ADA?
A
A
34 CRF 104.7 (a). Yes. Eva Lewis, Director of Program Support Services, Office of Exceptional Student
Education is the coordinator for the School Board of Brevard County, Florida.
Q Does the District provide grievance procedures to resolve complains of discrimination?
34 CRF 104.7 (b). Yes. Refer to Non-Discrimination Grievance Procedures in this manual or on the Brevard
Public Schools website, www.brevardschools.org., under BPS Highlights. Also, each publication includes a nondiscrimination
notice that lists the contact person.
Q Does the District provide notice to students, parents, employees, unions, and professional organizations
of nondiscrimination in admission or access to, or treatment or employment in, its programs or activities?
A
34 CFR 104.8. Yes. The Student/Teacher Handbooks and the Annual Reports are two of the methods for making
initial and continued notification. Every publication from the School Board of Brevard County also includes this
notice. Notice is also provided on the Brevard Public Schools website.
Q Must the District annually identify and locate all Section 504/ADA qualified handicapped children in the
district's geographic area who are not receiving a public education?
A
A
34 CRF 1043.32 (a). Yes. In Brevard County, Child Find is responsible.
Q Must the District annually notify handicapped persons and their parents or guardians of the district's
responsibility under Section 504/ADA?
34 CRF 104.32 (b). Yes. The Student Handbooks, enrollment/registration packets and the Brevard Public
Schools website includes this notification.
Q Must the District or the school provide parents or guardians with procedural safeguards?
A 34 CRF 104.36. The school uses the Procedural Safeguards included in this manual. They are given to each
parent of a possible Section 504/ADA eligible student by the Child Study Team, teachers, and/or
principal/designee. The Parent/Student Rights Afforded by Section 504/ADA, Procedural Safeguards Under
Section 504/ADA, are provided upon identification, evaluation & placement under Section 504/ADA
07/30/2009 8

The Family Educational Rights and Privacy Act (FERPA) also
specifies rights related to educational records. This Act gives the
parent or guardian the right to:
1. inspect and review his/her child's educational records;
2. make copies of these records;
3. receive a list of all individuals having access to those records.
4. ask for an explanation of any items in the records;
5. ask for an amendment to any report on the grounds that it is
inaccurate, misleading, or violates the child's rights; and
6. a hearing on the issue if the school refuses to make the
amendment.
Adapted from Student Access: A Resource Guide for
Educators: Section 504 of the Rehabilitation Act of
1973. Council of Administrators of Special Education, Inc.
(CASE), 1992.
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PARENT/STUDENT RIGHTS AFFORDED BY
SECTION 504/ADA OF THE REHABILITATION ACT OF 1973
(Procedural Safeguards Under Section 504/ADA)
The following is a description of the rights granted by federal law to students with disabilities. The
intent of the law is to keep you fully informed concerning decisions about your child and to inform you
of your rights if you disagree with any of these decisions.
You have the right to:
1. Have your child take part in, and receive benefits from public education programs without
discrimination because of his/her disabling condition;
2. Receive notice with respect to identification, evaluation, or placement of your child;
3. Have your child receive a free appropriate public education in the least restrictive environment;
4. Have your child receive services and be educated in facilities which are comparable to those
provided to non-disabled students;
5. Have your child receive special education and related services if your child is found to be eligible
under the Individual with Disabilities Education Act or a Free Appropriate Public Education
(FAPE) if eligible under Section 504/ADA of the Rehabilitation Act;
6. Have evaluation, educational and placement decisions made based on a variety of information
sources using valid tests and other evaluation materials designed to assess specific areas of need
and by persons who know the student and who are knowledgeable about the evaluation data and
placement options;
7. Have transportation provided to and from an alternative placement setting (if the setting is a
program not operated by the district) at no greater cost to you than would be incurred if the student
were placed in a program operated by the district;
8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular
activities offered by the district;
9. Examine all relevant records relating to decisions regarding your child's identification, evaluation,
educational program and placement;
10. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you
access to the records;
11. Request amendment of your child's educational records if there is reasonable cause to believe that
they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the
school district refuses this request for amendment, it shall notify you within a reasonable time and
advise you of the right to a hearing;
12. File a local grievance;
13. Request an impartial hearing related to decisions or actions regarding your child's identification,
evaluation, educational program, or placement. You and your child may take part in the hearing
and be represented by counsel. Hearing requests must be made to the District Section 504/ADA
Coordinator;
14. Appeal the impartial hearing officer's decision; and
15. Receive all information in your native language and primary mode of communication.
The person in your district responsible for assuring compliance is the District Section 504/ADA
Coordinator, Director of Program Support Services who can be reached at (321) 633-1000, extension
520.
07/09
07/30/2009 10

Brevard County (Florida)
Bylaws & Policies
2260.01 - NONDISCRIMINATION GRIEVANCE PROCEDURE
It is the policy of the Board to offer the opportunity to students to participate in appropriate programs and
activities without regard to race, color, religion, national origin, sex, disability, marital status, or age,
except as otherwise provided by State law.
The Compliance Officer for the Board is identified annually and the name is published in the student
handbooks. The Compliance Officer may be reached at the School Board of Brevard County, 2700 Judge
Fran Jamieson Way, Viera, Florida 32940-6699, phone: (321) 631-1911.
At each school, the Compliance Officer for that institution is the principal thereof. The principal may
designate other persons to act in this capacity on his/her behalf as the demands of the institution dictate.
Nevertheless, all written grievances may be properly directed to the principal of the institution alleged to
be in violation of Title IX of the Florida Education Equity Act, Section 504 of the Rehabilitation Act of 1973
or the Americans with Disabilities Act.
All written complaints alleging violations of Title IX of the Florida Education Equity Act, regardless of
resolution at the individual school level, shall be forwarded to the Compliance Officer. The Board’s
Compliance Officer, or his/her designee shall maintain all such written complaints, as well as the written
response/resolution to such complaints. These documents are public records and shall be available for
inspection and copying through proper public records request by any person or organization, subject to
reasonable fee.
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit
discrimination against students with a disability. No discrimination against any student with a disability will
knowingly be permitted in any of the programs or activities of the school district.
Student Grievance Procedure:
Grievance Defined - Grievance under this policy concerns alleged violation(s) of Title IX Education
Amendments of 1972, which prohibit sex discrimination in education or alleged violation(s) of the Florida
Educational Equity Act, 1000.05 F.S., which prohibits discrimination in public education. In addition
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit
discrimination against students with a disability. No discrimination against any student with a disability will
knowingly be permitted in any of the programs or activities of the school district. To ensure the district’s
compliance, the following grievance procedures have been adopted.
Step 1 If the individual public school student (or parent on behalf of the student) believes that an action,
or inaction, by the school, school representative, or school employee has violated his/her rights under
Title IX, the Florida Educational Equity Act, Section 504 of the Rehabilitation Act of 1973 or the
Americans with Disabilities Act the student is encouraged to seek a resolution through appropriate
informal discussion with the individual or individuals alleged to have committed the violation or other
appropriate school personnel.
Step 2 If the informal discussion does not satisfactorily resolve the issue, the aggrieved student (or parent
on behalf of the student) shall submit a written statement of his/her grievance to the school Principal, or
his or her designee, within thirty (30) school days of the informal discussion. This statement shall include
a specific description of the alleged discriminatory denial of opportunity to the student, name(s) of the
person or persons causing the alleged violation, the date of the alleged violation, the resolution sought by
the student, and the signature of the student and his/her parent or guardian. Failure of the student to
timely submit such written complaint shall not impact the student’s legal rights under Title IX or the Florida
Education Equity Act.
07/30/2009 11

Within seven (7) days of receipt of the written grievance, the Principal or his/her designee shall
investigate and render a written response to the grievance of the aggrieved student and parent or
guardian. This response shall either uphold, modify, or deny the resolution sought.
Step 3 If the student, parent or guardian is not satisfied with the response issued in Step 2, the student
may, within seven (7) school days of the date of the response, resubmit the grievance in writing to the
Board’s equity coordinator.
Within seven (7) school days, the Board’s equity coordinator shall issue a written response to the
aggrieved student and parent or guardian. The decision of the Board’s equity coordinator shall be final
except as provided by law or School Board Policy.
The Superintendent shall develop and update administrative procedures as necessary to implement this
policy.
F.S. 1000.05, 1001.41
Florida Educational Equity Act
Titles VI, VII, and IX of the Civil Rights Act 1964
Section 504 of the Education Amendments of 1972
American’s with Disabilities Act, Public Law 101-336
Section 504 of the Rehabilitation Act of 1973
07/30/2009 12

Section 504/ADA
Impartial Hearing Procedure
Persons disagreeing with the identification, evaluation, or placement of a student with
disabilities may file a request for a Section 504/ADA Impartial Hearing. A “Request For
Section 504/Americans With Disabilities Act (ADA) Impartial Hearing” form, available
from the District Section 504/ADA Coordinator, shall be completed by the aggrieving
party and submitted to the District 504/ADA Coordinator.
• An individual with a complaint is encouraged to discuss it with the Teacher,
Section 504/ADA School Contact, Counselor, or Principal/Designee with the
objective of resolving the matter promptly and informally. The parties may agree
to hold an informal meeting prior to an Impartial Hearing. If the parties at the
informal meeting agree to a resolution, such agreement shall be documented in
writing and signed by the parties. If the complaint can be satisfactorily resolved
at the informal meeting, the school should notify the District Section 504/ADA
Coordinator, who will notify the Division of Administrative Hearings.
• If the complaint cannot be satisfactorily resolved by the parties at the informal
meeting, a formal hearing will be scheduled. The District Section 504/ADA
Coordinator shall request appointment of a hearing officer from the Division of
Administrative Hearings, Florida Department of Education. The hearing officer
shall convene and conduct the hearing and shall render a written decision with
findings of fact and conclusions of law to all concerned parties. Such hearing
shall be held within a reasonable period of time, but in no case shall be held more
than seventy-five (75) calendar days from the date of the written request unless
both parties agree to an extension.
• All parties shall be afforded a full and fair opportunity to present evidence
relevant to the issues raised.
• The decision of the hearing officer is binding on all parties involved except as
provided in law and School Board policy.
• The above procedures do not supersede a parent's right to file a complaint directly
with the Office for Civil Rights (OCR).
07/30/2009 13

SECTION 504
OF THE
REHABILITATION ACT OF 1973
34 CFR PART 104
SUBPARTS A, C AND D
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AMERICANS WITH DISABILITIES ACT (ADA)
JULY 26, 1990
Public Law 101-336
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07/30/2009 33

Part II
Procedures
07/30/2009 34

How Does Section 504 Fit?
All Students
within District
With or
without
Impairments
*
IDEA
(ESE)
***
504/ADA
**
* All Students with or without impairments = 100 % of
student population
** 504/ADA only = approximately 1 % of the student
population
*** IDEA (ESE) = approximately 10 % of the student
population
07/30/2009 35

SECTION 504/ADA
PROCESS FLOWCHART
- Forms
Referral to CST
Refer to CST
Invite parent to CST Meeting
- Parent Invite to CST
(form CST-INV)
- Provide Brochure
Screening
Further Interventions
CST
Decision?
Possible ESE
Review, revise,
implement document
Possible 504/ADA Disability
Refer to ESE procedures
STOP
- Obtain Parental Consent For Initial
Section 504/ADA Evaluation (Form
504-1)
- Give parent Procedural Safeguards
Under Section 504/ADA
Evaluation
Complete Evaluation
STOP
Complete & File
NO
Eligible?
Eligibility Form
(Form 504-3)
Give parent Procedural
Safeguards Under Section
504/ADA
YES
Placement
Develop accommodation plan; Input TERMS;
Disseminate copies; file in 504 folder;
- Accommodation Plan (Form 504-4)
- Dissemination Log for Teachers/Staff
(Form 504-2)
Implement Plan
07/30/2009 36

SECTION 504/ADA
PROCESS FLOWCHART, continued
- Forms
Yearly Plan Review
No Changes
No Meeting
NO
Changes to Plan
?
YES
Schedule 504/ADA meeting to revise Plan
- Parent Invitation
– Give parent Procedural Safeguards
Under Section 504/ADA
(Invitation to Parent/Guardian)
Continue to implement plan
3 year reevaluation
Parent Notice
Parent Reevaluation
Notice (Form 504-5)
Give parent Procedural Safeguards Under
Section 504/ADA
Requires new forms (504-3 pages 1 & 2)
Complete & review current evaluation data
Dismiss
Eligibility Form(504-3)
(file in Guidance Record folder)
Give parent Procedural
Safeguards Under Section
504/ADA
NO
Continue
eligibility ?
YES
Develop Accommodation Plan; Input
TERMS; Disseminate copies.
Accommodation Plan (Form 504-4)
Dissemination Log for Teachers/Staff
(Form 504-2)
Implement Revised Plan
07/30/2009 37

Section 504/ADA Responsibilities
School Contact Person
A Section 504/ADA School Contact Person is primarily responsible for the following:
• Inservice building personnel;
• Notify teachers of active Section 504/ADA students;
•
• File original Dissemination Log for Teachers form in the student’s Section 504 file;
•
• Convene/Chair Section 504/ADA meetings;
• Disseminate Section 504/ADA parent brochures;
•
•
• Monitor yearly plan reviews;
• Initiate 3-year reevaluations;
•
Disseminate copies of active Section 504/ADA plans to all appropriate teacher(s) and
personnel who are to be implementing the accommodations and obtain signatures on the
Dissemination Log for Teacher (7-30-07) form;
Contact parents, either in written form or by phone, to invite, notify or review active
accommodation plans;
Insure that parent has received a copy of the Section 504/ADA Procedural Safeguards and is
aware of their rights;
Complete all necessary Section 504/ADA paperwork, which may include Section 504/ADA
Referral for Assistance to the school psychologist or school social worker;
File Section 504/ADA paperwork in appropriate folders (ex: 504 Folder {Active} OR
Guidance Record Folder {Inactive}) which are to be kept in the student's cumulative folder;
• Input necessary TERMS data OR ensure that all necessary input information is provided for
your school Data Entry Clerk (Use Section 504/ADA TERMS Input Data form).
07/30/2009 38

504/ADA Procedures
Referral, Screening, Evaluation and Placement
Factors indicating a need for a possible referral to the Child Study Team (CST) or Section 504/ADA
Team include:
• Inappropriate behavior persists despite consistently implemented classroom-based
intervention
• Frequent failures
• Chronic health condition
• Return to school following a serious illness or injury
• Frequent disciplinary referrals
• Past referrals to exceptional student education (where student did not qualify)
• A disability is known or suspected
1. Referral to CST or Section 504/ADA Team:
• A medical condition triggers possible protection under Section 504/ADA and requires a
referral.
• Invite parent to attend the CST or Section 504/ADA meeting (CST Parent Invitation Form)
• Send or give Parent/Guardian the Section 504/ADA Parent Brochure
• When the referral is due to a medical condition, a 504/ADA evaluation may be initiated
immediately. Proceed to Step 3.
2. Screening:
CST considers and documents the following information:
Cumulative Review
• Guidance record file
• Report cards/grades
• Standardized tests
• School-based test records
• Medical information
• Vision/hearing screening
• Retention/waiver of retention
• History of academic concerns
Classroom
• Parent conferences
• Teacher reports/observations
• Academic interventions
07/30/2009 39

Attendance
• Absences
• Tardies
• Referral to Resource Teacher/Attendance
Behavior
• Discipline reports
• Behavior interventions
• Behavior checklists
CST decides: (document on a conference form)
• Further intervention needed (review, revise, implement and document)
or
• Possible Exceptional Student Education (ESE) referral (refer to ESE procedures)
or
• Possible Section 504/ADA referral
o If ADHD is a consideration, refer to the Educational ADHD
Determination Process in Appendix B
3. Evaluation:
• CST suspects 504/ADA disability
• Obtain parent consent (504/ADA Parent Consent – Form 504-1)
• Give parent/guardian Procedural Safeguards Under Section 504/ADA
• Review records as needed, which may include:
• Cumulative review
• Classroom indicators
• Attendance
• Behavior
• General Education Interventions implemented (RtI)
The type of disability believed to be present and the type of service(s) the student may need
determines the extent of the evaluation process. The evaluation must be sufficient to accurately
and completely assess the nature and extent of the disability and the recommended services.
Complete additional evaluation instruments as needed.
Evaluation information obtained for Section 504/ADA assessment may be used in considering
ESE eligibility if the information is current and relevant to the ESE questions. The need to do
more academic testing should be made based on how current and comprehensive and existing
data are and whether it provides the needed information. The regulations state "as part of an
initial evaluation (if appropriate) and as part of any reevaluation" you must review the existing
evaluation data on a child. Then based on that review, you decide what additional information
you need. This would be one of those "if appropriate" circumstances. The consent to obtain
evaluation would indicate that the prior 504 testing was part of the "basis upon which the
determination was made." (Pat Howard, Student Services, Florida Dept. of Education, e-mail,
April 17, 2000, Section 504 Questions, Exceptional Student Education, Florida.)
07/30/2009 40

4. Eligibility:
• The Section 504/ADA Team consists of a group of persons (minimum of 2 professionals)
including professionals who are knowledgeable about the child (typically the classroom
teacher), the meaning of the evaluation data, and the placement options.
• Review all information considered during the referral, screening, and evaluation process.
• Determine, based on the above information, whether the student has a physical or mental
impairment which substantially limits a major life activity. The determination is not based on
the existence of a condition or impairment but rather by its impact on the individual.
• The disability must be currently limiting, not potentially or hypothetically limiting.
a) Physical or Mental Impairment:
The legal definition does not identify a list of specific diseases and conditions that constitute
physical or mental impairment because of the difficulty of ensuring the comprehensiveness of
the list. The term includes (a) "any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal; special sense organs; respiratory (including speech organs);
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and
endocrine; OR (b) any mental or psychological disorder, such as mental retardation; organic
brain syndrome; emotional or mental illness; and specific learning disabilities."
Examples:
ADHD students who are not
LD, EBD, or OHI
Diabetics
Asthmatics
Non-Examples:
LEP students
Low SES students
Students with low I.Q.
Slow learners without suspected disabilities
b) Major Life Activities:
The impairment need only substantially limit one major life activity to be eligible for protection
under Section 504/ADA. Examples of major life activities include:
Hearing
Walking
Seeing
Speaking
Caring for One’s Self
Performing Manual Tasks
Lifting
Reading
Thinking
Breathing
Learning
Working
Eating
Sleeping
Standing
Bending
Concentrating
Communicating
07/30/2009 41

Each major life activity is viewed globally. The major life activity most relevant in the
educational context is Learning or access to Learning.
Examples:
Total report card
A series of "F's"
Total Grade Point Average (GPA)
Evidence of a pervasive
problem in learning
Non-Examples:
Not just math
Not just 2 "F's"
Not one area
Not one specific problem:
Poor organization skills
Poor written expression
c) Substantially Limits:
The term must determine if there is a "substantial" limitation, not a "MILD or MODERATE"
limitation. The legal trend indicates the relevant frame of reference for this comparison to be
the average student of the same age in the general population. This means the team compares a
student to the national population (same age/grade) and not to the student's individual potential.
If the major life activity identified is Learning, standardized achievement tests (normative data
and percentiles) are recommended as one of the sources in the evaluation.
Example:
• Standardized achievement test
scores at or below the 10 th
%ile.
Non-examples:
• Average student with
standardized test scores above
the 30 th %ile
• Student who qualifies for the
Gifted Student Program with
average grades
The "Office for Civil Rights (OCR) has determined that a student who is succeeding in regular
education - the achievement of passing marks and advancement from grade to grade - without
modifications does not have a disability which substantially limits the ability to learn."
(Section 504 Compliance Advisor, Volume 3, Issue 10, December 1999.)
If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment,
substantial limitation and major life activity) of Section 504/ADA eligibility but needs
accommodations, the school should provide them under its general mission of meeting the
needs of all students, i.e., good teaching strategies/practices not under a Section 504/ADA
Accommodations Plan. (Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12,
January 14, 2000.)
07/30/2009 42

• Determine whether the student is or is not eligible for services under Section 504/ADA.
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure
that the determination that a student is eligible be made by a group of persons, including persons
knowledgeable about the meaning of the evaluation data and knowledgeable about the placement
options.
IS ELIGIBLE
IS NOT ELIGIBLE
- Complete eligibility form - Stop process
- Refer to placement procedures - Document on an eligibility form your
ineligible determination
- File paperwork in the Guidance Record Folder
REMEMBER:
IF THERE IS NOT A SUBSTANTIAL LIMITATION
OF AT LEAST ONE MAJOR LIFE ACTIVITY
THE STUDENT IS NOT ELIGIBLE.
5. Placement – Accommodation Plan:
Once a student is identified as being eligible under Section 504/ADA, a decision must be made
regarding the type of services the student needs.
• The Section 504ADA team consists of a group of persons (minimum of 2 professionals)
including professionals who are knowledgeable about the child (typically the classroom
teacher), the meaning of the evaluation data, and the placement options.
• Procedure:
The Section 504/ADA team will meet as a group and will include the classroom teacher’s input
to develop an Accommodation Plan necessary to meet the individual needs of the student.
Invite parent/guardian if this meeting takes place separate from the eligibility meeting. Refer to
Appendix C for sample modifications.
- Write Accommodation Plan (Accommodation Plan Form 504-4)
- Input data on TERMS (Input data form - Optional, Appendix F)
- Disseminate copies to parent/guardian and all appropriate teachers/personnel who will
be implementing the accommodations
- Give parent/guardian Procedural Safeguards Under Section 504/ADA
- Obtain signatures on the Dissemination Log for Teachers, Section 504/ADA
- Implement plan - Current teachers/personnel are responsible for implementing the
accommodations.
- File Active 504/ADA paperwork in a Section 504 folder.
07/30/2009 43

6. Review Procedures:
• Review Accommodation Plan
Yearly Review Procedures
NO CHANGES:
CHANGES:
- NO Meeting - Schedule Meeting
- If changes - schedule 504 meeting and
invite parent(s) to revise plan (Invitation to
Parent/Guardian - optional)
- Revise plan and continue to implement.
Give parent/guardian copy of revised plan
and Procedural Safeguards Under Section
504/ADA
- Disseminate revised copies to appropriate
teacher(s)/personnel
Teachers must implement Section 504/ADA accommodations documented on the SECTION
504/ADA, ACCOMMODATION PLAN (Form 504-4) for eligible students. Procedures to ensure
accountability in this area are as follows:
• Section 504/ADA School Contacts notify teachers if they have an eligible Section
504/ADA student.
• The Section 504/ADA School Contact provides copies of the student’s Section 504/ADA
Accommodation Plan to appropriate teachers and staff.
• Teachers keep a copy of the Section 504/ADA Accommodation Plan in their lesson plan
book for reference/reminder.
• The Section 504/ADA School Contact will secure appropriate signatures on the
DISSEMINATION LOG FOR TEACHERS, SECTION 504/ADA form(s). Copy this form
as needed.
• The Section 504/ADA School Contact files the original DISSEMINATION LOG FOR
TEACHERS, SECTION 504/ADA forms in the student’s Section 504/ADA file.
• Teachers provide notice of Section 504/ADA identified students and location of the
Accommodation Plans for substitute teachers.
07/30/2009 44

Three Year Reevaluation Procedures
Reevaluation is required at least every 3 years or more frequently if conditions warrant and prior to a
significant change of placement. OCR defines a significant change of placement as a substantial and
fundamental change in a student’s educational program.
Examples of a significant change of placement: suspensions that exceed 10 consecutive school days, a
series of short term suspensions that result in a pattern of exclusion, transferring a student from one
type of program to another, terminating (dismissal) or significantly reducing a related service.
‣ Notice the parent/guardian of reevaluation (Section 504/ADA Informed Notice for
Reevaluation – Form 504-5)
‣ Give parent/guardian copy of Procedural Safeguards Under Section 504/ADA
‣ Review Accommodation Plan and decide if further evaluation is necessary to continue
reevaluation process.
‣ Administer any new evaluation(s)
‣ Schedule meeting and notify parent of reevaluation date (Section 504/ADA Invitation – Form
504-6)
‣ Review current information
‣ Complete NEW Eligibility – Form 504-3, pages 1 and 2.
If continuing eligibility under Section 504/ADA,
• Develop a NEW Accommodation Plan (Accommodation Plan Form 504-4)
• Provide copy of new Accommodation Plan to parent/guardian
• Provide parent/guardian Procedural Safeguards Under Section 504/ADA
• Input data on TERMS (Input Data Form - optional)
• Disseminate copies to all appropriate teacher(s)/personnel
• Obtain signatures on the Dissemination Log for Teachers form.
• Implement new Accommodation Plan – Current teachers/personnel are responsible for
implementing the accommodations.
Dismissal Procedures
If dismissal from 504/ADA is determined based on a reevaluation,
• Complete and sign eligibility form that states dismissal (Form 504-3)
• Provide parent/guardian copy of Section 504/ADA Eligibility (Form 504-3, pages 1 & 2)
• Provide parent/guardian a copy of Procedural Safeguards Under Section 504/ADA
• Input dismissal data on TERMS (Input Data Form - optional)
• File Inactive 504/ADA paperwork in Guidance Record Folder
07/30/2009 45

Transition Procedures
(Elementary to Middle, Middle to High)
• Sending school creates the TERMS report that identifies all active Section 504 students and
forwards this information to the receiving school.
• Section 504/ADA Contacts communicate with all receiving schools Section 504/ADA
Contacts regarding expected caseloads. This can be by phone, email, or participation in
Section 504/ADA articulation meetings.
• This should be completed by May 1 of each school year.
• Sending school completes all reevaluations due prior to start of new school year.
• Sending school alerts the receiving middle/high school if large print materials are needed
for a student.
• Receiving school (middle school or high school) is responsible for ordering large print
materials if applicable (See instructions below).
• See TERMS Procedures Appendix F
•
•
FCAT
To receive an accommodation for FCAT, the student must have a Section 504 plan (or
IEP) indicating the need for a testing accommodation that is the same or nearly the same as
accommodations used by the student in completing classroom instruction and assessment
activities.
Accommodations must be allowable.
Transfer Students from Out of State or Out of District
•
•
•
•
•
Review the Accommodation Plan and supporting documentation
Determine if the Accommodation Plan is appropriate
Implement the Accommodation Plan or rewrite
Initiate a Section 504 Reevaluation to determine eligibility under district criteria
Give parent/guardian the Procedural Safeguards Under Section 504/ADA
•
•
Gifted Students
If a disability is suspected under Section 504, complete the entire Section 504 process to
determine eligibility.
Use the Section 504 forms.
07/30/2009 46

•
•
•
•
Temporary Disability Guidelines
OCR consistently rules that temporary, non-chronic impairments that heal within a few
months are not disabilities under Section 504.
Broken limbs – Consider severity and duration of the impairment on a case-by-case basis.
Examples for 504/ADA eligibility consideration: broken arm is writing arm, broken leg
caused serious mobility difficulties for an extended time.
Determine eligibility through Section 504 Procedures and forms.
If eligible, write an Accommodation Plan with the understanding that once the physical
disability heals the student will be dismissed.
Private School
•
•
•
Range of obligation is not as extensive
Obligation is to provide “minor adjustments” or “reasonable accommodations”
We do not write plans for private schools
504 to ESE
• Upon determination of Exceptional Student Education (ESE) eligibility, note the transfer of
eligibility on the Section 504 paperwork. Document a reference to the IEP as of the ESE
eligibility date. A formal dismissal from Section 504 is not required.
Postsecondary Services
• “Public schools are not required to provide evaluation information to support a student’s
eligibility in the postsecondary environment. School personnel and parents may have a
false impression that a district Section 504 plan is sufficient to achieve eligibility at the next
level, but generally it is not sufficient. Furthermore, postsecondary institutions are not
required to conduct child find measures. As such, the student bears the responsibility, at his
own cost, to provide documentation to support Section 504 eligibility.
• In the postsecondary environment a student receives “academic adjustments” rather than
“accommodations.” Adjustments may address academic requirements, course
examinations, and auxiliary aids. An academic adjustment may include offering a course
substitution. Auxiliary aids, such as taped text, interpreters for the deaf, or readers in the
library, may be required for a student with sensory, physical or verbal impairments.
(Source: Section 504 Compliance Advisor, Volume 12, Issue 4, June 2008, Help Students
Understand Rose of 504 in Postsecondary Environment, James McKethan)
07/30/2009 47

Large Print Materials for Section 504 Students
Large print materials for eligible Section 504/ADA students are obtained from the Florida
Instructional Materials Center for the Visually Impaired (FIMC) located in Tampa, Florida.
Section 504/ADA students who are classified as visually impaired under Section 504/ADA
would have an Accommodation Plan indicating the need for large print materials.
Section 504/ADA School Contact’s Responsibilities:
1. Send a copy of the student’s Section 504/ADA Accommodation Plan to the Teacher of
Visually Impaired (TVI).
2. Provide book information to the TVI. This must include the Title, Copyright date, ISBN#
and Publisher.
3. Receive the books at your school.
4. Keep the boxes to return books to FIMC.
5. Return the books to FIMC – label the package as “Free Matter for the Blind.”
Teacher of Visually Impaired (TVI) Responsibilities:
1. Register the student by completing the FIMC Student Registration form.
2. Input the book order.
07/30/2009 48

Part III
Discipline
07/30/2009 49

DISCIPLINE
Section 504/ADA
The Office for Civil Rights (OCR) has interpreted Section 504/ADA to limit local school authorities'
unilateral control over discipline in much the same way as the Office of Special Education Programs
(OSEP) has interpreted the IDEA. That is, students who are Section 504-eligible only, are entitled to a
manifestation determination (Form MD-504) in the following cases which constitute a significant
change in placement:
• when the student is considered for a long term removal of more than 10 consecutive
days/expulsion or;
• when a series of short term removals (suspensions) creating a pattern of exclusion which
exceeds 10 cumulative days.
The multidisciplinary team must consist of professionals who know:
• the student
• the meaning of the evaluation data
• the placement options
• A reevaluation must be conducted prior to a significant change in placement/expulsion. The
parent/guardian must receive notice (Form 504-5) and Procedural Safeguards Under Section
504/ADA prior to the reevaluation. The reevaluation shall consist of a review of student records
and progress documented on Form 504-3, pages 1 and 2 and a manifestation determination (Form
MD-504).
- If the reevaluation process conducted by the multidisciplinary team determines that the
misconduct is not a manifestation of the disability, the student may be disciplined in the
same manner as non-disabled students. This can include placement in the Alternative
Learning Center (ALC) or termination of all services, but must be equivalent to the way
non-disabled students are treated. An expulsion is considered to be a significant change
of placement.
- If the reevaluation process conducted by the multidisciplinary team determines that the
misconduct is a manifestation of the disability, the team must review/revise the 504
Accommodation Plan and review or complete a Functional Behavioral Assessment (FBA)
and a Behavior Intervention Plan (BIP) and determine appropriate placement. Educational
services must be offered. The services may include placement in the ALC or other
appropriate services.
• Suspensions over 10 cumulative days are allowed if all of the following are satisfied:
- A manifestation determination (Form MD-504) has been completed.
- No "pattern" of exclusion exists as determined by (a) length of each suspension, b)
proximity of the suspensions to one another, c) total amount of time the student is excluded
from school.
07/30/2009 50

- If it is a manifestation of a disability, services must be continued during the suspension,
which could be as simple as the schoolwork being given for completion for full credit
during the term of the suspension.
• An exception to the Section 504/ADA manifestation determination rule states that schools may
take disciplinary action in situations where students are "currently engaging in the illegal use of
drugs or in the use of alcohol to the same extent that such disciplinary action is taken against
students who are not individuals with disabilities."
- No manifestation is required prior to the expulsion hearing in cases that the student is
proven to be currently "using."
- In addition, in such a case the parents have no right to a Section 504 due process hearing to
contest the disciplinary action. Parents still have the right to a hearing before the School
Board in these cases.
♦ Note: According to OCR, possession of illegal drugs or alcohol does not
automatically equate with "current usage" of drugs or alcohol. Thus, under OCR's
interpretation, if marijuana is found in an ADHD student's locker, the student is
entitled to all procedural protections (manifestation determination, right to due
process) unless the school can show that the student is also "currently engaging in
the use" of drugs/alcohol in addition to possessing them. 17 EHLER 609, 611 (OCR
1991).
• Students, whose parents/guardians decline placement in the ALC or another approved placement,
will be recommended for expulsion. (Adult Education, home education, private school, etc.)
• There is no "45 day" rule for 504/ADA students for drugs or weapons as there is under IDEA.
• Students and parents have due process rights including the right to a Section 504 Impartial Hearing
if in disagreement with the district.
• There is no "Stay Put" provision under Section 504/ADA as there is under IDEA. In other words,
the student has no right to continuation of services in the current placement.
• Refer to the Discipline Manual, Brevard County School Board, for further information. The
Discipline Manual is available on the Brevard Public Schools website on the Employees portal
under Administrators and on the Teachers portal under Handbooks & Documents. Access is
internal only.
07/30/2009 51

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
504 Manifestation Determination/Course of Action
Name ________________________________ Student # _______________________ Date ___________
DOB _______________ School ___________________________________________ Grade __________
504 Disability _________________________________________________________
Number of days suspended already in school year ________________
Offense committed and date __________________________________
A review of the student’s records and progress relevant to the disability has been conducted.
Answer the following questions, taking into consideration all relevant information, including any evaluations,
teacher observations, or other relevant documentation, including any information supplied by the parents.
Check One:
Yes
No
___ ___ 1. Was the conduct in question caused by or did it have a direct and substantial
relationship to the child’s disability?
___ ___ 2. Was the conduct in question a direct result of the school district’s failure to implement
the Accommodation Plan?
NOTE: If the accommodation plan is NOT being implemented, further suspension is not
appropriate and the 504 Committee MUST develop a plan to implement. Stop manifestation
meeting, sign form, and develop plan to ensure implementation of the accommodation plan.
If the 504 Committee answered “yes” to either 1 or 2 above, further disciplinary sanctions are not
appropriate because the student’s behavior is considered to be a manifestation of disability. If the answer to
both 1 and 2 is “no”, then further disciplinary sanctions/consequences are appropriate and should be
documented below.
Recommended disciplinary consequences where no manifestation found: _______________________
The following were present at the meeting (as reflected by signature):
____________________________________
Section 504 Contact
____________________________________
School Administrator
____________________________________
Other
____________________________________
Other
_______________________________________________
Parent
_______________________________________________
Teacher
_______________________________________________
Other
_______________________________________________
Other
Attachment: PARENT/STUDENT RIGHTS AFFORDED BY SECTION 504/ADA OF THE
REHABILITATION ACT OF 1973
10-20-05 MD-504
07/30/2009 52

PARENT/STUDENT RIGHTS AFFORDED BY
SECTION 504/ADA OF THE REHABILITATION ACT OF 1973
(Procedural Safeguards Under Section 504/ADA)
The following is a description of the rights granted by federal law to students with disabilities. The
intent of the law is to keep you fully informed concerning decisions about your child and to inform you
of your rights if you disagree with any of these decisions.
You have the right to:
1. Have your child take part in, and receive benefits from public education programs without
discrimination because of his/her disabling condition;
2. Receive notice with respect to identification, evaluation, or placement of your child;
3. Have your child receive a free appropriate public education in the least restrictive environment;
4. Have your child receive services and be educated in facilities which are comparable to those
provided to non-disabled students;
5. Have your child receive special education and related services if your child is found to be eligible
under the Individual with Disabilities Education Act or a Free Appropriate Public Education
(FAPE) if eligible under Section 504/ADA of the Rehabilitation Act;
6. Have evaluation, educational and placement decisions made based on a variety of information
sources using valid tests and other evaluation materials designed to assess specific areas of need
and by persons who know the student and who are knowledgeable about the evaluation data and
placement options;
7. Have transportation provided to and from an alternative placement setting (if the setting is a
program not operated by the district) at no greater cost to you than would be incurred if the student
were placed in a program operated by the district;
8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular
activities offered by the district;
9. Examine all relevant records relating to decisions regarding your child's identification, evaluation,
educational program and placement;
10. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you
access to the records;
11. Request amendment of your child's educational records if there is reasonable cause to believe that
they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the
school district refuses this request for amendment, it shall notify you within a reasonable time and
advise you of the right to a hearing;
12. File a local grievance;
13. Request an impartial hearing related to decisions or actions regarding your child's identification,
evaluation, educational program, or placement. You and your child may take part in the hearing
and be represented by counsel. Hearing requests must be made to the District Section 504/ADA
Coordinator;
14. Appeal the impartial hearing officer's decision; and
15. Receive all information in your native language and primary mode of communication.
The person in your district responsible for assuring compliance is the District Section 504/ADA
Coordinator, Director of Program Support Services who can be reached at (321) 633-1000, extension
520.
07/09
07/30/2009 53

504 Student Commits Expellable Offense at School or at a School Function
Hold Administrative Hearing (AH) meeting (Send Letter #6). Complete Form 504-MD.
Conduct 504 Plan review. Review or develop an FBA/BIP. *
Yes
Is behavior a
manifestation?
No
Student could remain at current school or go to ALC.
(Decision is based on 504 Plan Team’s
recommendation and administrator input)
Student
remains at
current
school
Yes
AH is held uisng
Letter # 11.
504
No
Plan is reviewed.
504-MD is completed.
FBA/BIP are
reviewed/revised. *
Student goes to ALC.
Letter # 8 is sent.
Form D2 is signed. *
Does student
commit an
expellable
offense?
No
Student can be disciplined as a basic
student. If ALC is placement and student
attends ALC then Letter # 8 is sent.
Student signs Stipulation/Conduct (S/C)
Agreement for ALC. Expulsion packet is
completed and held in abeyance.
Yes
Student returns to
regular public
school site at end
of exclusionary
time period.
Student stays at ALC
with reviewed 504 Plan
and BIP unless parent
and district agree to
another placement.
Expulsion packet does
not go forward for
action.
Does student
comply with S/C
Agreement?
Yes
No
No AH is held.
Meeting held to review 504
Plan and conduct 504 MD.
Re-evaluation completed. *
Is behavior a
manifestation?
No
Yes
Is behavior a
manifestation?
No
Letter # 10 is sent
504 re-evaluation is done.
Letter #12 is sent. *
Student stays at ALC with reviewed 504 Plan and
BIP unless parent and district agree to another
placement. Expulsion packet does not go to School
Board for action.
* Provide copy of Section 504/ADA Procedural Safeguards
Expulsion packet goes to Board for action.
Student is expelled with no services.
Student returns to public school at end of first
exclusionary period.
July 2009
07/30/2009 54

Part IV
Appendices
07/30/2009 55

APPENDIX A
PROCEDURAL SAFEGUARDS
07/30/2009 56

PARENT/STUDENT RIGHTS AFFORDED BY
SECTION 504/ADA OF THE REHABILITATION ACT OF 1973
(Procedural Safeguards Under Section 504/ADA)
The following is a description of the rights granted by federal law to students with disabilities. The
intent of the law is to keep you fully informed concerning decisions about your child and to inform you
of your rights if you disagree with any of these decisions.
You have the right to:
1. Have your child take part in, and receive benefits from public education programs without
discrimination because of his/her disabling condition;
2. Receive notice with respect to identification, evaluation, or placement of your child;
3. Have your child receive a free appropriate public education in the least restrictive environment;
4. Have your child receive services and be educated in facilities which are comparable to those
provided to non-disabled students;
5. Have your child receive special education and related services if your child is found to be eligible
under the Individual with Disabilities Education Act or a Free Appropriate Public Education
(FAPE) if eligible under Section 504/ADA of the Rehabilitation Act;
6. Have evaluation, educational and placement decisions made based on a variety of information
sources using valid tests and other evaluation materials designed to assess specific areas of need
and by persons who know the student and who are knowledgeable about the evaluation data and
placement options;
7. Have transportation provided to and from an alternative placement setting (if the setting is a
program not operated by the district) at no greater cost to you than would be incurred if the student
were placed in a program operated by the district;
8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular
activities offered by the district;
9. Examine all relevant records relating to decisions regarding your child's identification, evaluation,
educational program and placement;
10. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you
access to the records;
11. Request amendment of your child's educational records if there is reasonable cause to believe that
they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the
school district refuses this request for amendment, it shall notify you within a reasonable time and
advise you of the right to a hearing;
12. File a local grievance;
13. Request an impartial hearing related to decisions or actions regarding your child's identification,
evaluation, educational program, or placement. You and your child may take part in the hearing
and be represented by counsel. Hearing requests must be made to the District Section 504/ADA
Coordinator;
14. Appeal the impartial hearing officer's decision; and
15. Receive all information in your native language and primary mode of communication.
The person in your district responsible for assuring compliance is the District Section 504/ADA
Coordinator, Director of Program Support Services who can be reached at (321) 633-1000, extension
520.
07/09
07/30/2009 57

APPENDIX B
SECTION 504/ADA PROCEDURES
FOR EDUCATIONAL ADHD
DETERMINATION
07/30/2009 58

EDUCATIONAL ADHD DETERMINATION
WITH AND WITHOUT MEDICAL DIAGNOSIS
Referral, Screening, Evaluation and Placement
Note: If the CST has completed the referral and screening process outlined in the general
procedures of this manual, start with # 3A or # 3B of this Appendix - Evaluation
Factors indicating a need for a possible referral to the Child Study Team (CST) or Section 504/ADA
Team include:
• Inappropriate behavior persists despite consistently implemented classroom-based
intervention
• Frequent failures
• Chronic health condition
• Return to school following a serious illness or injury
• Frequent disciplinary referrals
• Past referrals to exceptional student education (where student did not qualify)
• A disability is known or suspected
1. Referral to CST or Section 504/ADA Team:
• A medical condition triggers possible protection under Section 504/ADA and requires a
referral.
• Invite parent to attend the CST or Section 504/ADA meeting (CST Parent Invitation Form)
• Send or give Parent/Guardian the Section 504/ADA Parent Brochure.
• When the referral is due to a medical condition, a 504/ADA evaluation may be initiated
immediately. Proceed to Step 3.
2. Screening:
CST considers and documents the following information:
Cumulative Review
- Guidance record file
- Report cards/grades
- Standardized tests
- School-based test records
- Medical information
- Vision/hearing screening
- Retention/waiver of retention
- History of academic concerns
Classroom
- Parent conferences
- Teacher reports/observations
- Academic interventions
07/30/2009 59

Attendance
- Absences
- Tardies
- Referral to Resource Teacher/Attendance
Behavior
- Discipline reports
- Behavior interventions
- Behavior checklists
CST decides: (document on a conference form)
• Further intervention needed (review, revise, implement and document)
or
• Possible Exceptional Student Education (ESE) referral (refer to ESE
procedures)
or
• Possible Section 504/ADA referral
o For Educational ADHD Determination continue to:
♦ # 3A WITH Medical/clinical diagnosis
♦ # 3B WITHOUT Medical/clinical diagnosis
07/30/2009 60

# 3 A
EVALUATION PROCESS FOR EDUCATIONAL ADHD DETERMINATION
WITH
ADHD MEDICAL/CLINICAL DIAGNOSIS
Educators should never attempt to diagnose ADHD. Rather the educational staff determines on the
basis of the school-related data collected whether or not there is a significant problem that requires
specific educational considerations. SCHOOL PERSONNEL MAKE EDUCATIONAL ADHD
DETERMINATIONS NOT DIAGNOSES. MEDICAL DIAGNOSES ARE REQUIRED FOR
MEDICATION INTERVENTIONS NOT EDUCATIONAL INTERVENTIONS.
I. Obtain Parental Consent (Section 504/ADA Parental Consent form 504-1), provide Section
504/ADA Brochure and Procedural Safeguards Under Section 504/ADA to parent/guardian.
II.
III.
IV.
Obtain documentation of diagnosis. (Optional - Medical/Clinical Confirmation form.)
Complete and document two observations. (Suggested form - Behavior Observation Record
form ADHD-2.)
a. The student must be observed in more than one setting.
b. Two professionals, other than student's teacher(s), must complete an observation. The
school psychologist may complete one observation. (To request an observation by the
school psychologist, use - Request for Social Worker/Psychologist Assistance form SW/P).
Complete one of the following instruments: Behavior Assessment Scale for Children Monitor
for ADHD (BASC Monitor), Attention Deficit Disorder Evaluation Scale by Hawthorne
(ADDES) or Connors’ Rating Scale - revised (Long Version).
V. Review Academic Performance
a. Review screening information (i.e., group standardized achievement tests, grades, etc.)
b. Complete the Classroom Performance form (elementary schools form ADHD-3; secondary
schools form ADHD-4).
c. Optional: Administer IQ screening test and individual achievement test.
VI.
Continue with # 4 of this Appendix, Eligibility (SKIP #3B).
07/30/2009 61

# 3 B
EVALUATION PROCESS FOR EDUCATIONAL ADHD DETERMINATION
WITHOUT
ADHD MEDICAL/CLINICAL DIAGNOSIS
Educators should never attempt to diagnose ADHD. Rather the educational staff determines on the
basis of the school-related data collected whether or not there is a significant problem that requires
specific educational considerations. SCHOOL PERSONNEL MAKE EDUCATIONAL ADHD
DETERMINATIONS NOT DIAGNOSES. MEDICAL DIAGNOSES ARE REQUIRED FOR
MEDICATION INTERVENTIONS NOT EDUCATIONAL INTERVENTIONS.
I. Obtain Parental Consent. (Section 504/ADA Parental Consent form 504-1), provide Section
504/ADA Brochure, and Procedural Safeguards Under Section 504/ADA to parent/guardian.
II.
III.
IV.
Complete Attentional/Activity Level Screening (form ADHD-1.)
a. Provide forms to parent(s)/guardian(s) and teacher(s). If parent/guardian does not return
form, continue evaluation using data from the teacher's form.
b. Scoring criteria: Six (6) or more items endorsed as "often" or "very often" in Section I OR
six (6) or more items endorsed as "often or "very often" in Section II.
c. If the majority of the Attentional/Activity Level Screening results are significant, proceed
to "III".
d. If the majority of the Attentional/Activity Level Screening results are not significant,
proceed to a CST Section 504/ADA Eligibility Meeting. (Refer to Eligibility Section)
Complete and document two observations. (Suggested form Behavior Observation Record,
form ADHD-2.)
a. The student must be observed in more than one setting.
b. The school psychologist must complete one observation. (To request observation by the
school psychologist, required form Request For Social Worker/Psychologist Assistance
form SW/P.)
c. A professional, other than the student's teacher, must complete an observation.
Provide two evaluation instruments to teacher(s)
Provide two evaluation instruments to parent/guardian. If parent/guardian does not return
forms, continue with assessment.
07/30/2009 62

Behavior Assessment System for Children (BASC-2)
OR
Achenbach forms (Teacher's Report Form for Ages 5-18,
Child Behavior Checklist for Ages 4-18 for parent.)
AND
Connors' Rating Scales-Revised (L) long version
OR
The Attention Deficit Disorders Evaluation Scale
(ADDES-Hawthorne)
V. Complete Social History (Required form - Request for Social Worker/Psychologist, form
SW/P.)
VI.
VII.
Review Academic Performance
a. Review screening information (i.e., group standardized achievement tests, grades, etc.)
b. Complete the Classroom Performance Form (elementary schools - form ADHD-3;
secondary schools - form ADHD-4.)
c. Optional: Administer IQ screening test and individual achievement test.
Continue with # 4 of this Appendix, ELIGIBILITY
07/30/2009 63

4. Eligibility
• The Section 504/ADA Team consists of a group of persons (minimum of 2 professionals)
including professionals who are knowledgeable about the child (typically the classroom
teacher), the meaning of the evaluation data, and the placement options.
• Review all information considered during the referral, screening, and evaluation process.
• Determine, based on the above information, whether the student has a physical or mental
impairment which substantially limits a major life activity. The determination is not based on
the existence of a condition or impairment but rather by its impact on the individual.
• The disability must be currently limiting, not potentially or hypothetically limiting.
a) Physical or Mental Impairment:
The legal definition does not identify a list of specific diseases and conditions that constitute
physical or mental impairment because of the difficulty of ensuring the comprehensiveness of
the list. The term includes (a) "any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal; special sense organs; respiratory (including speech organs);
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and
endocrine; OR (b) any mental or psychological disorder, such as mental retardation; organic
brain syndrome; emotional or mental illness; and specific learning disabilities."
Examples:
ADHD students who are not
LD, EBD, or OHI
Diabetics
Asthmatics
Non-Examples:
LEP students
Low SES students
Students with low I.Q.
Slow learners without suspected disabilities
Personality traits
b) Major Life Activities:
The impairment need only substantially limit one major life activity to be eligible for protection
under Section 504/ADA. Examples of major life activities include:
Walking Breathing Eating
Seeing Learning Sleeping
Hearing Working Standing
Speaking Caring for One’s Self Bending
Performing Manual Tasks Reading Thinking
Concentrating Communicating Lifting
07/30/2009 64

Each of the major life activities is viewed globally. The major life activity most relevant in the
educational context is Learning or access to Learning.
Examples:
Total report card
A series of "F's"
Total Grade Point Average (GPA)
Evidence of a pervasive
problem in learning
Non-Examples:
Not just math
Not just 2 "F's"
Not one area
Not one specific problem:
Poor organization skills
Poor written expression
c) Substantially Limits:
The term must determine if there is a "substantial" limitation, not a "MILD or MODERATE"
limitation. The legal trend indicates the relevant frame of reference for this comparison to be
the average student of the same age in the general population. This means the team compares a
student to the national population (same age/grade) and not to the student's individual potential.
If the major life activity identified is Learning, standardized achievement tests (normative data
and percentiles) are recommended as one of the sources in the evaluation.
Example:
• Standardized achievement test
scores at or below the 10 th
%ile.
Non-examples:
• Average student with
standardized test scores above
the 30 th %ile
• Student who qualifies for the
Gifted Student Program with
average grades
The "Office for Civil Rights (OCR) has determined that a student who is succeeding in regular
education - the achievement of passing marks and advancement from grade to grade - without
modifications does not have a disability which substantially limits the ability to learn."
(Section 504 Compliance Advisor, Volume 3, Issue 10, December 1999.)
If a student does not qualify under ALL THREE ELEMENTS (physical/mental impairment,
substantial limitation and major life activity) of Section 504/ADA eligibility but needs
accommodations, the school should provide them under its general mission of meeting the
needs of all students, i.e., good teaching strategies/practices not under a Section 504/ADA
Accommodations Plan. (Zirkel, Perry, PhD., JD; The Special Educator, Vol. 15, Issue 12,
January 14, 2000.)
07/30/2009 65

• Determine whether the student is or is not eligible for services under Section 504/ADA.
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure
that the determination that a student is eligible be made by a group of persons, including persons
knowledgeable about the meaning of the evaluation data and knowledgeable about the placement
options.
IS ELIGIBLE
IS NOT ELIGIBLE
- Complete eligibility form - Stop process
- Refer to placement procedures - Document on an eligibility form your
ineligible determination
- File paperwork in the Guidance Record Folder
REMEMBER:
IF THERE IS NOT A SUBSTANTIAL LIMITATION
OF AT LEAST ONE MAJOR LIFE ACTIVITY
(BREATHING, WALKING, LEARNING, HEARING, SEEING, ETC.),
THE STUDENT IS NOT ELIGIBLE.
5. Placement – Accommodation Plan:
Once a student is identified as being eligible under Section 504/ADA, a decision must be made
regarding the type of services the student needs.
• The Section 504/ADA team consists of a group of persons (minimum of 2 professionals) including
professionals who are knowledgeable about the child (typically the classroom teacher), the
meaning of the evaluation data, and the placement options.
• Procedure:
The Section 504/ADA team will meet as a group and will include the classroom teacher’s input
to develop an Accommodation Plan necessary to meet the individual needs of the student.
Invite parent/guardian if this meeting takes place separate from the eligibility meeting. Refer to
Appendix C for sample modifications.
- Write Accommodation Plan (Accommodation Plan Form 504-4)
- Input data on TERMS (Input data form - Optional, Appendix F)
- Disseminate copies to parent/guardian and all appropriate teachers/personnel who will
be implementing the accommodations
- Give parent/guardian Procedural Safeguards Under Section 504/ADA
- Obtain signatures on the Dissemination Log for Teachers, Section 504/ADA
- Implement plan - Current teachers/personnel are responsible for implementing the
accommodations.
- File Active 504/ADA paperwork in a Section 504 folder.
07/30/2009 66

6. Review Procedures:
• Review Accommodation Plan
Yearly Review Procedures
NO CHANGES:
CHANGES:
- NO Meeting - Schedule Meeting
- If changes - schedule 504 meeting and
invite parent(s) to revise plan (Invitation to
Parent/Guardian - optional)
- Revise plan and continue to implement.
Give parent/guardian copy of revised plan
and Procedural Safeguards Under Section
504/ADA
- Disseminate revised copies to appropriate
teacher(s)/personnel
Teachers must implement Section 504/ADA accommodations documented on the SECTION
504/ADA, ACCOMMODATION PLAN (Form 504-4) for eligible students. Procedures to ensure
accountability in this area are as follows:
• Section 504/ADA School Contacts notify teachers if they have an eligible Section
504/ADA student.
• The Section 504/ADA School Contact provides copies of the student’s Section 504/ADA
Accommodation Plan to appropriate teachers and staff.
• Teachers keep a copy of the Section 504/ADA Accommodation Plan in their lesson plan
book for reference/reminder.
• The Section 504/ADA School Contact will secure appropriate signatures on the
DISSEMINATION LOG FOR TEACHERS, SECTION 504/ADA form(s). Copy this form
as needed.
• The Section 504/ADA School Contact files the original DISSEMINATION LOG FOR
TEACHERS, SECTION 504/ADA forms in the student’s Section 504/ADA file.
• Teachers provide notice of Section 504/ADA identified students and location of the
Accommodation Plans for substitute teachers.
07/30/2009 67

Three Year Reevaluation Procedures
Reevaluation is required at least every 3 years or more frequently if conditions warrant and prior to a
significant change of placement. OCR defines a significant change of placement as a substantial and
fundamental change in a student’s educational program.
Examples of a significant change of placement: suspensions that exceed 10 consecutive school days, a
series of short term suspensions that result in a pattern of exclusion, transferring a student from one
type of program to another, terminating (dismissal) or significantly reducing a related service.
‣ Notice the parent/guardian of reevaluation (Section 504/ADA Informed Notice for
Reevaluation – Form 504-5)
‣ Give parent/guardian copy of Procedural Safeguards Under Section 504/ADA
‣ Review Accommodation Plan and decide if further evaluation is necessary to continue
reevaluation process.
‣ Administer any new evaluation(s)
‣ Schedule meeting and notify parent of reevaluation date (Section 504/ADA Invitation – Form
504-6)
‣ Review current information
‣ Complete NEW Eligibility Form 504-3, pages 1 and 2.
If continuing eligibility of 504/ADA,
• Develop a NEW Accommodation Plan (Accommodation Plan Form 504-4)
• Provide coy of new Accommodation Plan to parent/guardian
• Provide parent/guardian Procedural Safeguards Under Section 504/ADA
• Input data on TERMS (Use of Input Data Form - optional)
• Disseminate copies to all appropriate teacher(s)/personnel
• Obtain signatures on the Dissemination Log for Teachers form
• Implement new Accommodation Plan – Current teachers/personnel are responsible for
implementing the accommodations.
Dismissal Procedures
If dismissal from 504/ADA is determined based on a reevaluation,
• Complete and sign eligibility form that states dismissal (Form 504-3)
• Provide parent/guardian copy of Section 504/ADA Eligibility (Form 504-3, pages 1 & 2)
• Input dismissal data on TERMS (Input Data Form - optional)
• File Inactive 504/ADA paperwork in Guidance Record Folder
07/30/2009 68

APPENDIX C
SAMPLE
ACCOMMODATIONS
07/30/2009 69

CONTENTS
SUGGESTIONS FOR ACCOMMODATIONS
• General Accommodations
•
Accommodations for Specific Disabilities
- Juvenile Arthritis
- Asthma
- ADHD
- Tourette's Syndrome
- Diabetes
- Chronic Fatigue Syndrome
- Reading Disabilities (Dyslexia)
- Asperger's Syndrome
- Extra Curricular Activities
07/30/2009 70

Physical Arrangement of Room:
GENERAL ACCOMMODATIONS
•
•
•
•
•
•
Provide distraction free space (air conditioner, high traffic area, etc.)
Seating student near teacher or in front or back of class.
Seating student near a positive role-model
Increasing the distance between desks
Use adaptive furniture
Seat student in a "quiet place" in classroom
Lesson Presentation:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Stand near the student when giving directions or presenting lessons.
Use on task reminders
Write key points on the board
Provide peer tutoring
Provide visual aids
Provide peer notetaker
Make sure directions are understood
Include a variety of activities during each lesson
Break longer presentation into shorter segments
Provide written outline
Allow tape recorded lessons
Allow student to review key points orally
Teach through multi-sensory modes
Use computer-assisted instruction
Use techniques to highlight directions and instructions - circle, underline, color
Use mindmapping and graphic organizers
Use several verbal prompts to initiate a task
Repeat or clarify directions
Read directions individually
Provide augmentative devices
Use sign language, Braille, or large print
Increase spacing between items and/or limited items presented per page
Transportation
•
•
Transportation may be necessary to afford an equal opportunity for participation. This must be
documented on the Accommodation Plan.
Transportation may be arranged through the Area Transportation Supervisor
07/30/2009 71

Assignment/Worksheets:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Give extra time to complete tasks
Simplify complex directions
Hand worksheets out one at a time
Reduce the reading level of the assignments
Require fewer responses to achieve grade
Allow tape recorded assignments/homework
Provide a structured routine in written form
Provide study skills training/learning strategies
Give frequent short quizzes and avoid long tests
Shorten assignments; break work into smaller segments
Allow typewritten or computer-printed assignments
Use self-monitoring devices
Reduce homework assignments
Pair students to check work
Fax homework/classwork to parents
Provide one-to-one assistance to complete written tasks
Lavish verbal praise/recognition to continue a task
Use spell checker or spelling dictionary
Use manipulatives
Use reader to read text
Use calculator/abacus or arithmetic tables
Vary assignment length from day to day
Adjust the conceptual level
Provide time suggestions for each task
Require an assignment notebook-check often
Write assignments on the board
Return corrected homework assignments promptly with specific feedback
Provide varied types of assignments (i.e., writing tasks, drawing, interviewing, projects, etc.)
Tell the students what they will learn from the assignment
Provide chapter study guides which include: vocabulary, content outline, close paragraphs,
chapter tests.
Tape the student's text
Allow extra time for reading
Use a worksheet to guide independent reading
Provide speculation and prediction questions
Teach proper use of index and table of contents
Teach planning-scanning techniques
Use choral activities
Use voice intonation to stress points
Quiz students on lecture
Summarize key points
07/30/2009 72

Special Considerations:
•
•
•
•
•
•
•
•
•
Suggest parenting program(s)
Monitor student closely on field trip
Inservice teacher(s) on child's disability
Provide social skills group experience
Develop intervention strategies for transitional periods (e.g., cafeteria, physical education, etc.
Suggest agency involvement
Provide group/individual counseling
Ask parents to share the strategies they have found successful
Provide small work breaks
Test Taking:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Allow open book exams
Give exam orally
Use more objective items (fewer essay questions)
Allow student to give test answers on tape recorder
Give frequent short quizzes, not long exams
Allow extra time for tests/exams
Read test item to student
Use sign language, Braille, or large print
Use augmentative devices
Use more white space between items
Reorganize tests for clarity
Announce remaining time and/or timed tests at regular intervals
Give clear directions for each test section
Ask questions requiring short answers
Provide study questions which address the format as well as the content of the test
Teach test taking skills
Provide modification for FCAT, etc., as indicated in the Administrator's Manual.
Organization:
•
•
•
•
•
•
•
Provide peer assistance with organizational skills
Assign volunteer homework buddy
Allow student to have an extra set of books at home
Send daily/weekly progress reports home
Develop a reward system for in-schoolwork and homework completion
Provide student with a homework assignment notebook, or calendar of assignments
Encourage use of colored folders, colored pens/pencils, post notes
07/30/2009 73

Behaviors:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Praise specific behaviors
Use self monitoring strategies
Give extra privileges and rewards
Keep classroom rules simple and clear
Make "prudent use" of negative consequences
Allow for short breaks between assignments
Cue student to stay on task (nonverbal signal)
Mark student's correct answers, not his mistakes
Implement a classroom behavior management system
Ignore inappropriate behaviors not drastically outside classroom limits
Allow legitimate movement
Contract with the student
Increase the immediacy of rewards
Implement time-out procedures
Motivation:
•
•
•
•
•
•
•
•
•
•
Provide verbal praise and positive reinforcement
Use field trips and other "hands on" experiences
Use pictures, graphs, etc., to promote interest
Alternate learning activities to provide variety
Pair the student with a partner
Utilize games and competitive charting
Post work in the classroom
Use word searches, crossword puzzles and other methods to learn printed material
Use computers to reinforce concepts
Allow a student to teach
Writing:
•
•
•
•
•
•
•
•
•
•
Use computer word processing programs
Allow students to use typewriters, tape recorders, computers and manuscript paper
Teach students to proofread
Allow students to dictate work
Allow more time
Decrease the amount of required written work
Provide practice with story starters and beginning of interesting articles
Have the student write daily
Post good examples of writing
Praise legible handwriting
07/30/2009 74

ACCOMMODATIONS FOR SPECIFIC DISABILITIES
Juvenile Arthritis:
•
•
•
•
•
•
•
Extra time to change classes
Allow stretch breaks
Modify written, timed tests, homework assignments and note taking
Allow use of felt tip pens
Assign buddy to carry books, etc.
Use of second set of textbooks for home
Allow child to self-limit activity
Source: Section 504 Compliance Advisor; Volume 3, Issue 5: July 1999.
•
•
•
Asthma:
Control Asthma Triggers:
- Eliminate as many known triggers as possible
- Schedule pest control when students are not in the area
- Adjust schedules when condition worsened by pollen or cold
Develop/Follow Asthma Management Plan which may contain:
- Modify physical activities as directed by the physician
- Asthma symptoms
- How to contact the student's health care provider and either parent
- Allow student to carry medications, if needed
- List of factors that make asthma worse
- Allow for student's personal best peak flow reading if the student uses peak flow
monitoring
- List of student's asthma medications
- Include recommended actions for school personnel to help handle asthma episodes
Provide convenient access to the Plan for all on and off site activities/personnel, before, during
and after school
(Source: Section 504 Compliance Advisor; Volume 3, Issue 8; October 1999.)
07/30/2009 75

ADHD:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Seat student at or near front of classroom
Provide increased distance between desks
Get student's attention before starting class instruction
Give instructions one at a time
Allow standing during seat work
Provide breaks between assignments
Provide flexible movement opportunities
Reduce number and length of assignments
Provide large spaced paper
Allow use of highlighter
Allow notetaker
Use buddy system
Provide test accommodations
Allow use of notebook with dividers
Use timer for pacing
Establish a signal system
Tourette's Syndrome:
•
•
•
•
•
•
•
Use a tape recorder, typewriter or computer for reading and writing problems
Provide test accommodations
Provide copies of overheads and class notes
Allow extra time to complete class work
Require less homework
Provide safe place to go when motor/vocal tics become overwhelming
Provide flexible movement opportunities
Diabetes:
•
•
•
•
•
•
Provide private place to do blood sugar testing.
Consider physical education scheduling
Develop emergency plan consisting of physician's order and permission form on file to allow
specified emergency procedures
Allow to eat whenever/wherever necessary
Allow restroom flexibility
Adjust absences policy
07/30/2009 76

Chronic Fatigue Syndrome:
•
•
•
•
•
•
•
Provide a buddy to help with reading
Provide books on tape
Modify school assignments during periods of illness
Issue student a second set of textbooks
Allow extra time to complete assignments
Consider transportation needs
Allow for short breaks
Reading Disabilities (Dyslexia):
•
•
•
•
•
•
Allow Highlighting in text
Utilize recordings for the Blind and Dyslexic
Provide notetaker
Use multisensory instructional methods
Allow extra time on tests
Excuse from class 5 minutes early to copy notes
Asperger's Syndrome:
•
•
•
Provide predictable environment
Minimize transitions
Provide consistent daily routine
•
•
Extracurricular Activities:
When a reasonable accommodation is necessary to enable a disabled student to participate, the
school district is required to modify non-essential eligibility requirements.
Wheelchair accessible buses are available on a scheduled basis to provide accommodation for
classroom field trips.
07/30/2009 77

APPENDIX D
QUESTIONS & ANSWERS
07/30/2009 78

APPENDIX: QUESTIONS AND ANSWERS
GENERAL
? Is parental consent required prior to each Section 504/ADA evaluation?
Parental consent is required for an initial Section 504/ADA evaluation. Subsequent
evaluations (reevaluations) would only require notice to the parents.
? When should the three year reevaluation be completed?
The reevaluation is due three years from the most current eligibility date.
? Are all students with reading disabilities (dyslexia) to be accommodated under Section
504/ADA?
No. Varying means of identifying reading disabilities (dyslexia) will find varying degrees
of severity. Some dyslexic students will need Section 504/ADA accommodations for a
substantial limitation, and others will not.
? Could a GSP student be eligible under Section 504/ADA?
Yes. GSP students are not covered under IDEA as “gifted” is not a disability. A gifted
student may have an impairment which initiates the Section 504/ADA process.
? Should a request for Section 504/ADA records be included in a records request from out-ofcounty
or out-of-state schools?
Yes. All records, including Section 504/ADA, would be requested from each school.
Eligibility should then be determined according to the Brevard Public Schools, Florida
procedures.
? Is it possible for a student to be Section 504/ADA in one district and not eligible in another?
Yes. A natural result of the OCR position that no standard definition of “substantially
limits” will be provided by the U.S. Department of Education (Appendix A to the Section
504/ADA regulations, p. 419) is that eligibility will vary among districts. That result is
further guaranteed by OCR’s position that each district is responsible for determining what
the phrase means. [Letter to McKethan, 23 IDELR 504 (OCR 1994) Source from What To
Do When….The Answer Book For Section 504, Susan Gorn] Since the phrase
“substantially limits” is the sticking point in eligibility, and since every district can define
the phrase for itself, the answer should be no surprise that a student eligible in one district,
might not be eligible in another.
? When are we required to give parents their Procedural Safeguards Under Section 504/ADA?
1. Upon parent consent for initial evaluation
2. At eligibility meeting
3. Upon notice of reevaluation
4. Prior to a significant change in placement (reevaluation required)
07/30/2009 79

5. Upon request for an Impartial Hearing
6. Whenever a parent request a copy
? Do Section 504/ADA students get only 45 days in abeyance?
No. There is no "45 day" rule for Section 504/ADA.
? May school districts consider “mitigating measures” used by a student in determining whether
the student has a disability under Section 504?
No. As of January 1, 2009, school districts, in determining whether a student has a
physical or mental impairment that substantially limits that student in a major life activity,
must not consider the ameliorating effects of any mitigating measures that student is using.
This is a change from prior law. Before January 1, 2009, school districts had to consider a
student’s use of mitigating measures in determining whether that student had a physical or
metal impairment that substantially limited that student in a major life activity. In the
ADA Amendments Act, however, Congress specified that the ameliorative effects of
mitigating measure must not be considered in determining if a person is an individual with
a disability.
Congress did not define the term “mitigating measures” but rather provided a nonexhaustive
list of “mitigating measure.” The mitigating measures are as follows:
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.
Congress created one exception to the mitigating measures analysis. The ameliorative
effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be
considered in determining if an impairment substantially limits a major life activity.
“Ordinary eyeglasses or contact lenses” are lenses that are intended to fully correct visual
acuity or eliminate refractive error, whereas “low-vision devices” (listed above) are
devices that magnify, enhance, or otherwise augment a visual image. (Source: Office for
Civil Rights, Protecting Student With Disabilities, Frequently Asked Questions About
Section 504 and the Education of Children with Disabilities)
? How is the Medical Confirmation Form used?
This form is optional to allow documentation of the student’s condition. Other
documentation that may be used is a note or a fax from the doctor or professional clinician.
? Why would a Section 504/ADA student be dismissed?
The student is dismissed if the student no longer has an impairment that substantially limits
a major life activity.
07/30/2009 80

? What if a parent refuses consent for Section 504/ADA?
Districts may, but are not required to, initiate a due process hearing when a parent refuses
to consent to a student’s initial evaluation.
? What if a parent received proper notice including Procedural Safeguards for a reevaluation
and refuses to allow the Section 504/ADA Team to complete the evaluation?
If the district is not allowed to determine if the student remains an eligible Section
504/ADA student, the district can terminate the plan. This requires documentation of
refusal by the parent on a conference report. Provide parents a copy of the conference
report and Procedural Safeguards Under Section 504/ADA.
? Are the new 504/ADA forms available in Spanish?
Not yet. Until they are available, contact your Area Office for an interpreter when needed.
IDEA/ESE
? May a Section 504/ADA student take an ESE (learning strategies) class through ESE as an
accommodation?
No. The student must be an ESE eligible student to have services from an ESE teacher.
You may not place a student in an ESE class without an eligibility staffing/IEP.
? If a student is dismissed from ESE/IDEA, is he automatically written a Section 504/ADA
accommodation plan?
No. The dismissal from the ESE/IDEA program implies that the student no longer needs
services for the disability. If the disability is severe enough to warrant a continuation of
services of some sort, a Section 504/ADA accommodation plan should not be used as a
substitute for ESE services that need to continue. Section 504/ADA is not a “safety net”.
The student would need to meet Section 504/ADA eligibility criteria. However, a former
ESE student with another impairment i.e. asthma, may be eligible under Section 504/ADA.
? After receiving parental consent for a Section 504/ADA evaluation, the CST administers an
IQ screener and an achievement test. Later, the CST discovers that an ESE route should have
been taken. Can the CST use the current data from these instruments for an ESE evaluation.
Yes. The IDEA/ESE regulation states, “as part of an initial evaluation and part of any
reevaluation” you must review the existing evaluation data on a child. Based on that
review, you decide what additional information, if any, is needed. When the parental
consent for the ESE evaluation is obtained, the prior Section 504/ADA evaluation data
would become part of the determination in the ESE evaluation. (P. Howard, Student
Services, Florida Department of Education, e-mail, April 17, 2000.)
07/30/2009 81

PRIVATE/CHARTER/SCHOOL OF CHOICE SCHOOLS
? Do public schools evaluate, write or review Section 504/ADA accommodation plans for private
schools?
No. If a private school receives federal funds, they must evaluate, write and review their
own plans.
? Are ‘schools of choice’ and charter schools responsible for Section 504/ADA? If so, to what
extent are they expected to accommodate Section 504/ADA students?
Yes, ‘schools of choice’ and charter schools are public schools. Any school receiving any
federal funds must provide for the Section 504/ADA student. The accommodation must be
carried out to the same specifications of the law.
? Are public schools responsible for providing ADHD checklists for the private schools?
No. The public school is not responsible for purchasing or providing ANY protocol, i.e.,
ADHD checklists to a private school.
MEDICATION & ADHD
? Can a school tell a parent to put a child on medication or keep him home until he is on
medication?
No. It is against the law to demand or require medication intervention.
? If a student is taking Ritalin with no record of an ADHD diagnosis, and the parents request a
Section 504/ADA accommodation plan, does he automatically get one?
No. The CST needs to convene and consider an evaluation. If the CST does not
recommend further evaluation, the parent must be given a written statement explaining
why the request has been denied. (Use ESE form A2 as a guide and include Section
504/ADA Procedural Safeguards and Section 504/ADA Brochure.)
ACCOMMODATIONS
? Can the use of a “scribe” be a test accommodation?
All accommodations must be the same or nearly the same as accommodations used by the
student in completing classroom instruction and assessment activities on a regular basis.
The test modification may NOT provide the student with an unfair advantage or interfere
with the validity of the test. So, regardless of what the Section 504/ADA plan states, the
determination of whether the accommodation is allowed for a test, has to be based on what
accommodations are made to the student’s daily instructional program. If it is not part of
the student’s daily instructional program – then no modification. The administration
manual takes precedence over the Section 504/ADA accommodation plan.
07/30/2009 82

APPENDIX E
FORMS
07/30/2009 83

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA
PARENTAL CONSENT FOR INITIAL SECTION 504/ADA EVALUATION
Name (Legal Name) Student #
School
Date
A copy of the Notice of Parent and Student Rights Under Section 504 of the Rehabilitation Act
of 1973 Section 504 and the Americans with Disabilities Act (ADA) is provided to you so that
you are advised of you and your child's rights under Section 504/ADA. All the rights are
designated with respect to any actions regarding the identification, evaluation, or educational
placement of your child under Section 504/ADA.
Please sign below to give your permission for Initial Section 504/ADA Evaluation. To
conduct the evaluation, the Section 504/ADA Team will gather a variety of evaluative data
about your child and review it. The evaluation will assess specific areas of your child's
educational needs.
I grant permission for Brevard Public Schools, Florida to conduct a Section 504/ADA
evaluation.
I have received a copy of the Procedural Safeguards Under Section 504/ADA.
Please sign and date:
________________________________________________________________________
Signature of parent/surrogate parent/guardian or adult student
Date Signed
If you have questions concerning the information in this document, you may contact your
school's section 504/ADA Contact Person______________________________________ at
(_____)_________________, or the person in your district responsible for assuring
compliance, District Section 504/ADA Coordinator, Director of Program Support Services at
(321) 631-1911, extension 520.
Attachment: Procedural Safeguards Under Section 504/ADA
7/9/09 Original: Guidance Record Folder Copy: Parent/Guardian 504-1
07/30/2009 84

School Board of Brevard County, Florida
Dissemination Log for Teachers
Section 504/ADA
Date: _________________________
To: __________________________
Teacher
_________________________
Subject/Grade
This is to inform you that ___________________________________________________
Student’s Name
has been identified as a disabled student as defined under Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act (Section 504/ADA).
Section 504/ADA are Civil Rights Acts, which protect the civil and constitutional rights
of persons with disabilities. An eligible Section 504/ADA student is entitled to
accommodations that will assist him/her to access general classroom curriculum to the
same extent as students without disabling conditions.
I have attached the student’s Section 504/ADA Accommodation Plan, which identifies
accommodations recommended by the Section 504/ADA Team. By law, you are
required to implement these accommodations. Keep a copy of the Accommodation Plan
in your plan book for reference and audit purposes.
PLEASE SIGN/DATE THIS FORM AND RETURN TO ME.
Thank you in advance for your cooperation.
___________________________________
Signature
Section 504/ADA School Contact
I have received a copy of the above student’s Section 504/ADA Accommodation Plan
and agree to implement the accommodation.
___________________________________
Signature
_________________
Date
File original form in student’s Section 504 file
7/30/07 504-2
07/30/2009 85

BREVARD PUBLIC SCHOOLS, FLORIDA
SECTION 504/ADA ELIGIBILITY
__________________________________________ _________________________ __________________
Name Student # Grade
___________________ ____________________________________________ __________________
Birth Date School Date
PART A: EVALUATION
Cumulative Review
_____Guidance Record Folder_________________________________________________________________________
_____Report Card/Grades ____________________________________________________________________________
_____Standardized Tests ____________________________________________________________________________
__________________________________________________________________________________________________
_____School Based Test Records _______________________________________________________________________
__________________________________________________________________________________________________
_____Medical Information ____________________________________________________________________________
_____Vision/Hearing Screening ________________________________________________________________________
_____Retention/Waiver of Retention ____________________________________________________________________
_____History of Academic Concerns ____________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Classroom
_____Parent Conferences _____________________________________________________________________________
_____Teacher Reports/Observations ____________________________________________________________________
_____Academic Interventions _________________________________________________________________________
__________________________________________________________________________________________________
Attendance
_____Absences/Tardies_______________________________________________________________________________
Behavior
_____Discipline Records ____________________________________________________________________________
_____Behavior Interventions ________________________________________________________________________
_____Behavioral Checklists _________________________________________________________________________
_____Functional Behavior Assessment (Refer to Positive Behavior Support Manual) ____________________________
Educational ADHD Determination Data (Without diagnosis only)
_____Attention/Activity Level Screening. Attach form ADHD-1
_____Work Samples (attach)
_____Two Behavior Observation Records in Different Settings (attach)
_____ One by School Psychologist
_____ One by Other Professional (Not the Teacher)
_____ Instruments: (Choose one) _____ Behavior Assessment System for Children (BASC) OR
_____ Behavior Checklist (Achenbach)
AND
(Choose one) _____ Connors-R Long Version OR
_____ ADD Evaluation Scales (ADDES - Hawthorne)
_____ Social History by School Social Worker
_____ Academic Performance (Form ADHD-3 or Form ADHD-4)
7/28/2009 Original: Guidance Record File Copy: Parent/Guardian 504-3
Page 1 of 2
07/30/2009 86

PART B: ELIGIBILITY DETERMINATION
1. Specify the mental or physical impairment: _____________________________________________________
2. Specify the major life activity: _______________________________________________________________
3. Place an "X" on the following scale to indicate the specific degree that the impairment ( #1) limits the major life
activity ( # 2):
• Make sure the team focuses on the major life activity as a whole (e.g. learning), not in a particular class (e.g. math)
or for a particular sub-area (e.g. socialization).
• Discount from the analysis sub-par performance due to other factors, such as normal moods, lack of motivation,
and the immediate situation or environment.
• Use the average student in the general population as the frame of reference for purpose of comparison.
Summarize the specific information evaluated by the team that justifies
the rating:
5
4
3
2
1
Extremely
Substantially
Moderately
Mildly
Negligibly
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
4. _____The student is eligible under Section 504/ADA (Reevaluation Due Date:__________________________)
_____The student is not eligible under Section 504/ADA.
_____The student continues to be eligible under Section 504/ADA. (Reevaluation Due Date: ______________)
_____The student is dismissed from Section 504/ADA. (Dismissal effective - date _______________________)
PART C: ELIGIBILITY TEAM
Eligibility Team Members: (Fill in names and check ( ) whether knowledgeable about the….)
Meaning of
Signature Child Evaluation Data Placement Options
_________________________________ ______ ______ _______
_________________________________ ______ ______ _______
_________________________________ ______ ______ _______
_________________________________ ______ ______ _______
_________________________________ ______ ______ _______
_________________________________ ______ ______ _______
___ I have received a copy of Procedural Safeguards Under Section 504/ADA ___________________________________
Parent/Guardian Signature
___ This form and a copy of Procedural Safeguards Under Section 504/ADA provided to Parent/Guardian by U.S. Mail
on ______________________________ (date)
7/28/2009 Original: Guidance Record File Copy: Parent/Guardian 504-3
Page 2 of 2
07/30/2009 87

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA
ACCOMMODATION PLAN
__________________________________ _____________________________ __________________
Name Student # Grade
____________________ ___________________________________
Birth Date
School
1. Area of Difficulty: ___________________________________________________________________
Specific Accommodation(s):
Person(s) Responsible
_______________________________________________________
__________________________
_______________________________________________________
__________________________
2. Area of Difficulty: ___________________________________________________________________
Specific Accommodation(s):
Person(s) Responsible
_______________________________________________________
__________________________
_______________________________________________________
__________________________
3. Area of Difficulty: ___________________________________________________________________
Specific Accommodation(s):
Person(s) Responsible
_______________________________________________________
__________________________
_______________________________________________________
__________________________
4. Behavior Difficulty: ___________________________________ Person(s) Responsible
Refer to the Behavior Intervention Plan based on
__________________________
Functional Behavior Assessment – (attach)
__________________________
I understand that my student is receiving accommodations in the classroom that may not be allowable on state
and district wide standardized testing. I give do not give my consent to continue these accommodations in
the classroom.
Parent/Guardian Signature: ____________________________________
Meeting #1 Date: _______________
_________________________________ _____________________ __________________________
Knowledgeable about the meaning of evaluation data Placement options Other Professional
________________________________________________________ __________________________
Knowledgeable about the student
Parent/Guardian
Meeting #2 Date: _______________
_________________________________ ____________________ __________________________
Knowledgeable about the meaning of evaluation data Placement options Other Professional
________________________________________________________ __________________________
Knowledgeable about the student
Parent/Guardian
Meeting #3 Date: _______________
_________________________________ ____________________ __________________________
Knowledgeable about the meaning of evaluation data Placement options Other Professional
________________________________________________________ __________________________
Knowledgeable about the student
Parent/Guardian
7/10/09 Original: Guidance Record File Copy: Parent 504-4
07/30/2009 88

BREVARD PUBLIC SCHOOLS, FLORIDA
SECTION 504/ADA
INFORMED NOTICE FOR REEVALUATION
Student Name:____________________________________ Student #:_______________________
School:____________________________________
Date:_____________________________
Dear Parent/Guardian:
A Section 504/ADA reevaluation is required at least every three years and prior to a significant change
of placement. The purpose of this reevaluation is to determine whether the student continues to be
eligible under Section 504/ADA. The Section 504/ADA Team will schedule a meeting to review
existing data and any additional data needed for the reevaluation. You will be invited to attend.
A copy of the Procedural Safeguards Under Section 504/ADA is attached.
We look forward to having your participation in this meeting. If you have any questions, please call
me at:
(_____)_______________________.
Sincerely,
____________________________________
Section 504/ADA Contact
6/26/09 Original: Guidance Record File Copy: Parent 504-5
07/30/2009 89

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA Meeting Invitation
Dear Parent/Guardian:
You are invited to attend a Section 504/ADA
____eligibility
____reevaluation
____annual review
Date: __________________
meeting for your child, _____________________________________, with the Section
504/ADA Team at ____________________________ scheduled on ________________,
School
Date
from _________ to __________ .
The purpose of this meeting is to review relevant data and determine whether your child
_____ is eligible
_____ continues to be eligible under Section 504/ADA
_____ needs a revision to the Section 504/ADA Accommodation Plan
We look forward to having you participate in this meeting. If you have any questions,
please call me at: _________________________________.
Special Accommodations: If you need accommodations, please contact me at least 5
days before this meeting.
Sincerely,
______________________________________
Name
______________________________
Position
7/10/09 Original: Parent/Guardian Copy: Guidance Record File 504-6
07/30/2009 90

WHAT IS SECTION 504?
Section 504 is the section of the Rehabilitation Act of 1973 which
applies to persons with disabilities. It is a civil rights act which
protects the civil and constitutional rights of persons with
disabilities. Section 504 prohibits organizations which receive
federal funds from discriminating against otherwise qualified
individuals solely on the basis of disability. Section 504 is
enforced by the U. S. Department of Education, Office for Civil
Rights (OCR).
WHAT IS ADA?
The Americans With Disabilities Act (ADA) extends the Section
504 civil rights protections prohibiting discrimination against
individuals with disabilities to most of the private sector and to
sections of state and local government. It guarantees equal
opportunity for individuals with disabilities in public
accommodations, employment, transportation, state and local
government services and telecommunications.
HOW DOES SECTION 504/ADA DEFINE "DISABLED"?
A person is considered "disabled" if he/she
1. has a physical or mental impairment which substantially limits
one or more major life activities;
2. has a record of such an impairment, or
3. is regarded as having such an impairment.
In addition to school-aged children who are eligible for special
education services, this includes, for example, persons with
communicable diseases, temporary disabling conditions, attention
deficit hyperactivity disorder (ADHD), chronic asthma and severe
allergies, physical handicaps, and diabetes.
WHAT IS A "MAJOR LIFE ACTIVITY"?
Major life activities include such things as walking, seeing, hearing,
speaking, breathing, learning, working, caring for oneself,
performing manual tasks, eating, sleeping, standing, lifting,
bending, reading, concentrating, thinking and communicating. This
list is not exhaustive.
WHAT TYPES OF DISCRIMINATION DOES SECTION
504/ADA PROHIBIT?
1. Denial of the opportunity to participate in or benefit from a
service which is afforded non-disabled students.
* denying credit to a student whose absenteeism is related to
the disability, refusing to dispense medication to a student with
ADHD.
2. Denial of opportunity to participate in or benefit from services
which are equal to that afforded others.
* refusing equal opportunity to participate in extra-curricular
activities.
3. Denial of aids, benefits or services which are as effective as
those provided to others. Equally effective means equivalent,
not identical, and must afford an equal opportunity, not equal
results.
* refusing preferential seating to an ADHD student.
4. Denial of the opportunity to participate on a planning or
advisory board because of an individual's disabling condition.
5. Selecting a site or location which effectively excludes persons
with disabilities or subjects them to discrimination.
* holding a student event at an inaccessible site.
6. Aiding or perpetuating discrimination by providing assistance
to an organization which discriminates.
* sponsoring a student organization which excludes persons
with disabilities.
WHAT DOES ADAPTING
FOR SPECIAL NEEDS MEAN?
If a student is determined to be disabled under Section 504/ADA,
the district must make an individualized determination of the child's
educational needs for regular or special education or related aids
and services. For children determined to be disabled under Section
504/ADA, implementation of a Section 504/ADA Accommodation
Plan is one means of meeting the free appropriate
public education requirements of Section 504/ADA.
Should it be determined that the student is disabled for the purposes
of Section 504/ADA and needs only adjustments in the regular
classroom rather than special education, those adjustments are
required by Section 504/ADA. A range of strategies is available to
meet the educational needs of children with disabilities. The
school's Child Study Team (CST) can assist with identifying the
appropriate educational adaptations and interventions for many
children with disabilities.
HOW DOES SECTION 504/ADA DEFINE
"APPROPRIATE EDUCATION"?
A free appropriate education is one provided by the public
elementary or secondary school which includes regular or special
education and related aids and services that (i) are designed to meet
the individual educational needs of persons with disabilities as
adequately as the needs of non-handicapped persons are met, and
(ii) are based upon adherence to evaluation, placement and
procedural safeguard requirements.
DOES SECTION 504/ADA REQUIRE EVALUATIONS?
Section 504 Regulation, 34 CFR Section 104.35 (a) requires that a
district evaluate "any person who, because of handicap, needs or is
believed to need special education or related services." An
evaluation is also required prior to any significant change in
placement.
Section 504/ADA does not require that a district must carry out a
full evaluation of a student simply because a parent requests it.
However, refusal by the district to do so constitutes an official
action with respect to the student's evaluation and placement, and
the district must provide the parent with procedural safeguards.
DOES SECTION 504 REQUIRE AN IEP?
No. Eligible Section 504/ADA students are provided with an
appropriate accommodation plan. Placement decisions must be
based upon information drawn from a variety of sources and all
information must be documented and considered. The placement
decision must be made by a group of persons knowledgeable about
the child, about the meaning of the evaluation data and about
placement options.
07/30/2009 91

WHAT PROCEDURAL SAFEGUARDS
DO PARENTS HAVE?
PARENT/STUDENT RIGHTS AFFORDED BY
SECTION 504/ADA OF THE REHABILITATION ACT OF 1973
(Procedural Safeguards Under Section 504/ADA)
The following is a description of the rights granted by federal law
to students with disabilities. The intent of the law is to keep you
fully informed concerning decisions about your child and to inform
you of your rights if you disagree with any of these decisions.
You have the right to:
1. Have your child take part in, and receive benefits from public
education programs without discrimination because of his/her
disabling condition;
2. Receive notice with respect to identification, evaluation, or
placement of your child;
3. Have your child receive a free appropriate public education in
the least restrictive environment;
4. Have your child receive services and be educated in facilities
which are comparable to those provided to non-disabled
students;
5. Have your child receive special education and related services
if your child is found to be eligible under the Individual with
Disabilities Education Act or a Free Appropriate Public
Education (FAPE) if eligible under Section 504/ADA of the
Rehabilitation Act;
6. Have evaluation, educational and placement decisions made
based on a variety of information sources using valid tests and
other evaluation materials designed to assess specific areas of
need and by persons who know the student and who are
knowledgeable about the evaluation data and placement
options;
7. Have transportation provided to and from an alternative
placement setting (if the setting is a program not operated by
the district) at no greater cost to you than would be incurred if
the student were placed in a program operated by the district;
8. Have your child be given an equal opportunity to participate in
nonacademic and extracurricular activities offered by the
district;
9. Examine all relevant records relating to decisions regarding
your child's identification, evaluation, educational program and
placement;
10. Obtain copies of educational records at a reasonable cost
unless the fee would effectively deny you access to the records;
11. Request amendment of your child's educational records if there
is reasonable cause to believe that they are inaccurate,
misleading, or otherwise in violation of the privacy rights of
your child. If the school district refuses this request for
amendment, it shall notify you within a reasonable time and
advise you of the right to a hearing;
12. File a local grievance;
13. Request an impartial hearing related to decisions or actions
regarding your child's identification, evaluation, educational
program, or placement. You and your child may take part in
the hearing and be represented by counsel. Hearing requests
must be made to the District Section 504/ADA Coordinator;
14. Appeal the impartial hearing officer's decision; and
15. Receive all information in your native language and primary
mode of communication.
The person in your district responsible for assuring compliance is
Eva Lewis, District Section 504/ADA Coordinator, Director of ESE
Program Support Services who can be reached at (321) 633-1000,
extension 520.
WHAT CAN I DO IF I HAVE A
SECTION 504/ADA GRIEVANCE?
Many Section 504/ADA grievances can be resolved by an informal
meeting with the parties and the principal. An individual with a
complaint is encouraged to discuss it with the teacher, Section 504
school contact or principal involved with the objective of resolving
the matter promptly and informally.
Grievances that cannot be resolved at the school level can be
deliberated through the Grievance Procedures or Impartial Hearing
Procedures outlined in the Section 504/ADA Procedures Manual
available at all schools or www.brevardschools.org.
At any time during the grievance process, a grievant may file a
complaint directly with the Office for Civil Rights. If you require
further information, you may contact Eva Lewis, District
Coordinator for Section 504/ADA at (321) 633-1000, extension
520.
This brochure is available in alternate format upon request. Please
call Kim Riddle at (321) 633-1000, extension 535.
School Board of
Brevard County, Florida
August, 2009
07/30/2009 92

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
Request for Social Worker/Psychologist Assistance
School Year _______to ________
For Office Use Only
No. ____ Received _____________
Name Student #
Birth Date Circle M F School Grade
I. Parent/Guardian ____________________________________________ Home Phone_________________
Address ________________________________________________Work Phone – Mother ____________
City ______________________________________ Zip __________Work Phone – Father ____________
Referred By: ____________________________________________________________________________
Name/Title
Reason For Referral:
1. _____ Behavior Observation 2. _____ Social/Developmental History
3. _____ School Social Worker Assistance 4. _____ School Psychologist Assistance
5. _____ Other: ___________________________________________________________________
____________________________________________________________________
____________________________________________________________________
II.
III.
Attach Copy of Parental Consent as necessary.
Child Study Team Conference Date(s):
1) ____________________________ 2) ____________________ 3) ________________________
IV.
Signatures:
______________________________________________________ __________________________
Child Study Team Chairperson
Date
________________________________________________________________________________ _______________________________________
Principal
Date
TO BE SENT TO AREA OFFICE WITHIN ONE WEEK OF
PRINCIPAL’S SIGNATURE DATE
6/20/08 Distribution: Guidance Record Folder School Social Worker School Psychologist SW/P
07/30/2009 93

SCHOOL BOARD OF BREVARD COUNTY
SECTION 504/ADA
ATTENTIONAL/ACTIVITY LEVEL SCREENING
Name (Legal Name) Student #
Birth Date
School
Grade Date Form Completed By
Section I
1. Does not attend to details or makes careless mistakes in
schoolwork, homework, or other activities.
Very
Often
Often
Some
times
Seldom
2. Does not sustain attention to tasks or play activities.
3. Does not seem to listen when spoken to directly.
4. Does not follow through on instructions; fails to finish*
schoolwork or chores. *(not due to oppositional behavior or
failure to understand instructions.)
5. Has difficulty organizing tasks and activities.
6. Avoids or dislikes tasks requiring sustained mental effort, such
as schoolwork or homework.
7. Loses things necessary for tasks or activities. e.g. toys, pencils,
and books.
8. Is easily distracted by extraneous stimuli.
9. Is often forgetful in daily activities.
Section II
Very
Often
Often
Some
times
Seldom
1. Fidgets with hands or feet or squirms in seat.
2. Leaves seat in situations where remaining seated is
expected.
3. Runs about or climbs in inappropriate situations (if
addressed, feels or acts "restless").
4. Has difficulty playing or engaging in leisure activities
quietly.
5. Is "on the go" acts as if "driven by a motor."
6. Talks excessively.
7. Blurts out answers before questions have been completed.
8. Has difficulty awaiting turn.
9. Interrupts or intrudes on others. e.g. butts into
conversations or games.
Please return this rating scale to: ______________________________
06/00 ADHD-1
07/30/2009 94

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
Section 504/ADA
BEHAVIOR OBSERVATION RECORD
Student's Name: ____________________________School:_______________________Grade: ______
Teacher: ________________________________Observer (Title):_____________________________
Date of Observation: ___________________Time of Observation: From: __________To: _________
1. Subject area observed: _____________________________________________________________
2. Type of lesson observed: ___________________________________________________________
3. Accommodations for this student: in instruction: ________________________________________
4. Accommodations for this student: in curriculum: ________________________________________
5. Student's oral response(s): __________________________________________________________
6. Student's written response(s): _______________________________________________________
7. Check the types of off-task behaviors this student exhibited during the observation period.
______ Much less than most children observed
______ Out of seat: Fully or partially out of seat without permission
______ Inactive: Not engaged with assigned task; passively waiting, sitting
______ Playing with object(s): Manipulating objects instead of paying attention
8. Check approximately how often these off-task behaviors occurred:
______ Much less than most children observed
______ Less
______ Slightly less
______ More
______ Much more than most children observed
Additional comments: ________________________________________________________________
__________________________________________________________________________________
PLEASE RETURN THIS FORM TO: _________________________________________________
Section 504/ADAContact
06/00 ADHD-2
07/30/2009 95

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
Section 504/ADA
CLASSROOM PERFORMANCE
(Elementary)
Student Name __________________________________ Grade ______________ Date ____________________
Teacher ________________________________Subject Area _________________School__________________
Please complete this form and return to _______________________________________by _________________
Please rate this student compared to others in your class of the same age/same grade. Include comments on back of this form.
ACADEMIC PERFORMANCE
Overall Rating: _____ Excellent _____ Satisfactory _____ Unsatisfactory _____ Failing
ACADEMIC PERFORMANCE WEAK AVERAGE STRONG
Written language
Handwriting
Vocabulary and expression
Math concepts
Reading comprehension
Spelling
Ability to retain information
Class Participation
Other
Comments: ________________________________________________________________________________
PRODUCTIVITY & BEHAVIORAL FUNCTIONING
Overall Rating: _____ Excellent _____ Satisfactory _____ Unsatisfactory
BEHAVIOR WEAK AVERAGE STRONG
Concentration on tasks
Organization
Completes tests on time
Is careful and checks work
Relationship to peers
Follows class/school rules
Follows directions
Test-taking skills
Perseveres on task
Other
Comments:_________________________________________________________________________________
06/00 ADHD-3
07/30/2009 96

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
Section 504/ADA
CLASSROOM PERFORMANCE
(Middle & High)
Student Name _________________________________________Grade _______ Date ___________________________
Teacher ________________________________________Subject Area________________________________________
Please complete this form and return to_______________________________by_________________________________
Please rate this student compared to others in your class of same age/same grade. Include comments on back of
this form..
ACADEMIC PERFORMANCE
Overall Rating: ___ Excellent ___ Satisfactory ___ Unsatisfactory ___ Failing
PRODUCTIVITY: Rate only if they apply to your subject.
1 = Hardly Ever 2 = Sometimes 3 = Frequently 4 = Almost Always
1 2 3 4
Contributes to large group discussion
Contributes to small group discussion
Follows directions without prompting
Keeps place in book/materials during directed lesson
Keeps track of supplies needed for task
Finishes directed work done as a group
Finishes independent work within assigned time
Completes work carefully
Turns in class work he/she finishes
Turns in legible work
Completes assigned homework
Takes tests carefully
Compares favorably in overall productivity with average students in
class
Other
Scoring: Majority of ratings in Column 1 & 2 suggest significant productivity problems.
SOCIAL/BEHAVIORAL FUNCTIONING
Overall Rating: ___ Excellent ___ Satisfactory ___ Unsatisfactory
Demonstrates disruptive behavior in classroom
Repeatedly involved in disciplinary infractions in the school setting
Rejected or ignored by peers
Demonstrates poor peer relationships due to difficulty reading and
responding to social cues
Repeatedly receives poor grades for conduct
Other
1 2 3 4
Scoring: Majority of ratings in Column 3 & 4 suggest significant social/behavioral problems.
06/00
ADHD-4
07/30/2009 97

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA Meeting
Invitation to Parent/Guardian
Name _______________________________________________Student # ______________________
School ____________________________________________________ Date ___________________
Dear Parent/Guardian,
You are invited and encouraged to attend a Section 504/ADA meeting scheduled on ______________,
Day
______________________________________, from __________________ to __________________.
Date Time Time
Please check in at the front office for the meeting room location.
We look forward to having you participate in this meeting. At your discretion, other individuals who
have knowledge or special expertise regarding your child, including related services personnel as
appropriate, may be included in this meeting. I hope that this date and time is convenient for you.
Please indicate your plans for attendance on page 2 of this invitation. Sign and return page 2 to me as
soon as possible.
Special Accommodations: If you need special accommodations, please contact me at least 5 days prior
to the meeting.
____________________________________ ____________________________ ________________
Name Position Phone Number
ATTACHMENT: Procedural Safeguards Under Section 504/ADA
06/20/08 Original: Guidance Record File Copy: Parent/Guardian
07/30/2009 98

Please return this page to: _____________________________
Student Name: ____________________________ School:_______________________________
[ ] Yes, I will attend at the scheduled time.
[ ] No, I cannot attend at this time. Please contact me at _____________ to reschedule the meeting.
[ ] No, I cannot attend at this time. Please hold the meeting without me.
__________________________________________________
Signature of Parent/Guardian
__________________________
Date
06/20/08 Original: Guidance Record File Copy: Parent/Guardian
07/30/2009 99

BREVARD PUBLIC SCHOOLS, FLORIDA
SECTION 504/ADA
Medical/Clinical Confirmation
Dear Physician/Clinician:
To help us assist in determining if the below named student is disabled under Section 504 of the Rehabilitation
Act of 1973/Americans With Disabilities Act, and therefore, eligible for educational accommodations, we would
appreciate your opinion regarding the presence of a disabling condition (e.g., ADHD, asthma, allergies, etc.).
______________________________________
Date
_____________________________________
Telephone
_____________________________________
Section 504 Contact
_____________________________________
School
PHYSICIAN /CLINICIAN CERTIFICATION
Re: ____________________________________
DOB: __________________________________
I certify that as of __________________________, the above named student was determined to have a
diagnosis of _______________________________________. Current prescription(s) for the pharmacological
treatment of this disorder is/are: (1) _____________________________________
(2) _____________________________________
Comments:_________________________________________________________________________________
__________________________________________________________________________________________
_______________________________________
__________________________________
Physician/Clinician
________________________________________
Date
Street Address
__________________________________
City/State/Zip
__________________________________
Telephone
Please return this certification to:
_________________________________________
Section 504 Contact
_________________________________________
School
_________________________________________
Address
City/State/Zip
7/10/09 Original: Guidance Record File Copy: Parent/Guardian
07/30/2009 100

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
SECTION 504/ADA
INPUT FORM
Panel:________ S705. Federal/State S: ______ Y: _____ R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
_________ ____ _______ ____ C
N
________________________________________________________________________
?? or: St: Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
_______ _______ _______ ________ ________ ________ ________ ______
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:
Panel:________ S705. Federal/State S: _____ Y: _____ R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
_________ ____ _______ ____ C
N
________________________________________________________________________
?? or: St: Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
_______ _______ _______ ________ ________ ________ ________ ______
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:
07/30/2009 101

PARENT/STUDENT RIGHTS AFFORDED BY
SECTION 504/ADA OF THE REHABILITATION ACT OF 1973
(Procedural Safeguards Under Section 504/ADA)
The following is a description of the rights granted by federal law to students with disabilities. The
intent of the law is to keep you fully informed concerning decisions about your child and to inform you
of your rights if you disagree with any of these decisions.
You have the right to:
1. Have your child take part in, and receive benefits from public education programs without
discrimination because of his/her disabling condition;
2. Receive notice with respect to identification, evaluation, or placement of your child;
3. Have your child receive a free appropriate public education in the least restrictive environment;
4. Have your child receive services and be educated in facilities which are comparable to those
provided to non-disabled students;
5. Have your child receive special education and related services if your child is found to be eligible
under the Individual with Disabilities Education Act or a Free Appropriate Public Education
(FAPE) if eligible under Section 504/ADA of the Rehabilitation Act;
6. Have evaluation, educational and placement decisions made based on a variety of information
sources using valid tests and other evaluation materials designed to assess specific areas of need
and by persons who know the student and who are knowledgeable about the evaluation data and
placement options;
7. Have transportation provided to and from an alternative placement setting (if the setting is a
program not operated by the district) at no greater cost to you than would be incurred if the student
were placed in a program operated by the district;
8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular
activities offered by the district;
9. Examine all relevant records relating to decisions regarding your child's identification, evaluation,
educational program and placement;
10. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you
access to the records;
11. Request amendment of your child's educational records if there is reasonable cause to believe that
they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the
school district refuses this request for amendment, it shall notify you within a reasonable time and
advise you of the right to a hearing;
12. File a local grievance;
13. Request an impartial hearing related to decisions or actions regarding your child's identification,
evaluation, educational program, or placement. You and your child may take part in the hearing
and be represented by counsel. Hearing requests must be made to the District Section 504/ADA
Coordinator;
14. Appeal the impartial hearing officer's decision; and
15. Receive all information in your native language and primary mode of communication.
The person in your district responsible for assuring compliance is the District Section 504/ADA
Coordinator, Director of Program Support Services who can be reached at (321) 633-1000, extension
520.
07/09
07/30/2009 102

APPENDIX F
TERMS
Procedures
07/30/2009 103

SECTION 504/ADA
TERMS Input Procedures
Use the following procedures to create your files (Refer to Attachment # 1):
Section 504/ADA Student Record - Add a Record
1) Go to Main Menu
2) Select Student Systems
3) Type S702 in the panel field (to check existing records so as not to duplicate by accident)
4) Press the key
5) Type student #
6) Press Enter:
The student's existing records will be displayed. Information is displayed and cannot be
corrected from this panel.
“504^Act” will be displayed under description, if it exists
Under ST (status): P = pending; I = inactive; A = active
7) If a 504 record exists, check or change data by using arrow keys to place the cursor anywhere on
the line of the chosen record
Press the key
This goes to S705 screen where information (dates, etc.) may be changed as appropriate (see
sample attachments)
8) If NO record exists, type S705 in the panel field
9) Press Enter
10) Type the Student Number
11) Under Referral, type the original eligibility date. (The original eligibility date will be used as the
referral date, the original evaluation date, the eligibility date and the placement date.)
12) Under Code, type 504
13) Press
(You should see a message in the lower left hand corner that reads "Not on file.
Type data to add.")
14) Under Org Eval, type the original eligibility date (again)
15) Under Elig, type original eligibility date (and again!)
16) Under Placed, type original eligibility date (yet again!)
17) Under Next Eval, type the re-evaluation date (3 years from the original or latest eligibility date)
18) Under T, type 3
19) Press
(You should now see a message in the lower left hand corner that reads "Record Added")
07/30/2009 104

Use the following procedures to input reevaluation data on TERMS:
Section 504/ADA Student Record - Reevaluation
1) Go to the Applications Main Menu
2) Select Student System
3) Type S702 in the panel field
4) Press key
5) Type Student #
6) Press key
7) Place cursor anywhere on the line of the chosen 504 record
8) Press F11 which takes you to the data entry information on S705
9) Under NXT Eval, type new 3-year reevaluation date
10) Press key
(You should now see a message in the lower left hand corner that reads "Record Updated, Next?"
Highlighted element(s) indicate error.)
Use the following procedures to input dismissal data on TERMS:
Section 504/ADA Student Record - DISMISSAL
1) Go to Main Menu
2) Select Student Systems
3) Type S702 in the panel field
4) Press key
5) Type the student #
6) Press key
7) Place cursor anywhere on the line of the chosen 504 record under Description
8) Press F11 which takes you to the data entry information on S705
9) Under Dismsd, type the dismissal determination date
10) Under Plan date, type the dismissal determination date
11) Press key
Section 504/ADA Student Record - TRANSFER TO ESE
Use the Dismissal procedures above so that a history of 504 eligibility is not destroyed.
07/30/2009 105

SECTION 504/ADA
TERMS Report Procedures
Remember: These reports/lists cannot be created until all the data is entered!
The procedure to create a Section 504/ADA Report is the same as it is for ALL TERMS Reports on
Panel Field S713 and S714
Use the following procedures to create a school wide Section 504/ADA TERMS Report/List
(Refer to Attachment # 2 as an example):
1) Go to Main Menu
2) Select Student Systems
3) Type S713 in the panel field
4) Press key
5) Create a report request by using the MIS document on Printing Reports on TERMS. (see
Attachment # 2)
6) Under Schl, type in your school number/code
7) Under Code, type 504
8) Under St, type A
9) Press Enter
10) Run a report (see MIS document for instructions)
Use the following procedure to create a Roll-up Section 504/ADA TERMS Report/List for your
feeder school. (Refer to Attachments # 3 and # 4):
1) Go to Main Menu
2) Select Student Systems
3) Type S713 in the panel field
4) Press Enter
5) Create a report using the MIS document on Printing Reports on TERMS (see Attachment # 3 or
Attachment # 4 as examples)
6) Under Schl, type in your school number/code
7) Under Code, type 504
8) For Elementary to Middle/Junior – Attachment # 3
- Under F, type 06 (ex: grade 6) AND
- Under T, type 06 (ex: grade 6)
For Middle/Junior to High - Attachment # 4
- Under F, type 08 (ex: grade 8) AND
- Under T, type 08 (ex: grade 8)
9) Press Enter
10) Run a report (See MIS document for instructions)
07/30/2009 106

07/30/2009 107

07/30/2009 108

07/30/2009 109

07/30/2009 110

Samples
SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
SECTION 504/ADA
Add a record
INPUT FORM
S705
1234 2001
Panel:________ S705. Federal/State S: 0000 Y: 1999 R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
0007070 _________ ____ _______ 011099 ____ 504 C
N
________________________________________________________________________
?? or: St: A
Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
_______ _______ 011099 _______ 011099 ________ 011099 ________ ________ ________ 011002 ______
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ 3 ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:___________________________________________________________________
INPUT FORM
Reevaluation
S705
1234
Panel:________ S705. Federal/State S: 0000 Y: 2002 1999 R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
0007070
_________ ____ _______ 011099 ____ 504 C
N
________________________________________________________________________
?? or: St: A
Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
06/00
_______ _______ 011099 _______ 011099 ________ 011099 ________ ________ ________ 011005 ______
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ 3 ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:
07/30/2009 111

Samples
SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
SECTION 504/ADA
Dismissal
INPUT FORM
S705
1234 2005
Panel:________ S705. Federal/State S: 0000 Y: 1999 R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
0007070 _________ ____ _______ 011099 ____ 504 C
N
________________________________________________________________________
?? or: St: I
Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
_______ _______ 011099 _______ 011099 ________ 011099 ________ 011005 ________ ________ 011005 ______ 011005
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ 3 ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:___________________________________________________________________
INPUT FORM
Transfer to ESE
S705
1234
Panel:________ S705. Federal/State S: 0000 Y: 2005 1999 R
Stdt K Referral Code E S St Y Sch Gr Cl Thm Hmrm Tm
0007070
_________ ____ _______ 011099 ____ 504 C
N
________________________________________________________________________
?? or: St: I
Proj:
Dates: Conf Org Eval Elig Placed Plan Lst Eval Nxt Eval Dismsd
06/00
_______ _______ 011099 _______ 011099 ________ 011099 ________ 011005 ________ ________ 011005 ______ 011005
Misc: Spc Name
Se T Schl Leng Service T1: B M D C M C2 504 TA
___ __ _ 3 ____ ____ _ _ _ _ _ _ _ _ _ __ _ _
Local:
07/30/2009 112

APPENDIX G
References
for the
Section 504 Contact
07/30/2009 113

Date:
To:
From:
Re:
Teachers
Section 504/ADA School Contact
Identifying a Potential Section 504 Student
Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that prohibits discrimination
against student with disabilities in any program receiving federal financial assistance. It is our
responsibility to identify, evaluate, and determine eligibility for access to appropriate educational
services.
Unlike the IDEA, which provides special education services via an IEP for students who qualify under
at least one of 13 disability categories, Section 504 protects any student who has a physical or mental
impairment which substantially limits one or more major life activities, such as walking, learning,
breathing, seeing, hearing, etc. (Note: all IDEA-eligible students are automatically covered by Section
504.)
We are obligated by federal law to identify students who may qualify for Section 504. As a basic
education teacher, you are your students' first link to an evaluation. If you feel any of your students'
academic progress is being affected by some type of impairment, please call me so I may make further
arrangements. You are not responsible for making a diagnosis, but you may be called upon to
participate in the student's evaluation process.
If you require additional information about Section 504/ADA, please see me.
07/30/2009 114

SECTION 504 SUMMARY
CIVIL RIGHT STATUTE/NONDISCRIMINATION
About access and/or restrictions to the educational program
REQUIRES TEAM
A group of persons, including persons knowledgeable about the student, the meaning of the
evaluation data, and the placement options
ELIGIBILITY REQUIRES
Mental or physical impairment
Substantially limiting
Major life activity
COMPARED TO STUDENTS OF SAME AGE, SAME GRADE ACROSS GENERAL
POPULATION
EVALUATION
From a variety of sources
LOOK AT THE CURRENT IMPACT
How student presents at this time
IN THE EVENT THERE IS DISAGREEMENT options are
File a grievance
Request an impartial due process hearing
File a complaint with the Office for Civil Rights (OCR)
07/30/2009 115

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA
General Procedures Checklist for Initial Eligibility Determination
Student Name:
School
Date
Section 504/ADA Contact Person
THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT, IF USED, PLEASE FILE
IN THE SECTION 504/ADA FOLDER.
CHILD STUDY TEAM (CST) REFERRAL
1. ___ Completed referral forms by teacher (School-based Referral Paperwork)
2. ___ Parent(s)/guardian(s) invited to attend CST meeting (Parent Invitation Form – CST-INV)
SCREENING
1. ___ Reviewed cumulative folder information (ex: grades, tests, attendance, classroom performance)
2. ___ CST decision:
A) ___ further intervention or
B) ___ possible Exceptional Education (ESE) referral or
C) ___ possible Section 504/ADA Disability
(If considering possible ADHD, refer to ADHD Procedure Checklist at this point)
EVALUATION
1. ___ Obtained parent consent to evaluate (Parent Consent Form)
2. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA
3. ___ Provided parents(s) guardian(s) with brochure (Parent/Guardian Brochure)
4. ___ Reviewed cumulative information, as needed
5. ___ Administered evaluation instruments, as needed
ELIGIBILITY
1. ___ Scheduled eligibility meeting
2. ___ Invited parent(s)/guardian(s), either in written form OR by phone
3. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards/Section Under 504ADA
4. ___ CST determined eligibility:
A) ___ eligible
B) ___ not eligible
5. ___ Completed eligibility form (Eligibility Form)
6. ___ Acquired all necessary signatures
7. ___ Determined eligible, filed completed paperwork in guidance record folder
07/30/2009 116

PLACEMENT/ACCOMMODATION PLAN
1. ___ Referred to Appendix C for sample accommodations
2. ___ Wrote accommodation plan (Accommodation Plan Form)
3. ___ Provided parent(s)/guardians with copies of complete Section 504/ADA paperwork
4. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA
5. ___ TERMS data:
a. ___ entered TERMS data or
b. ___ submitted all necessary TERMS data to school data entry clerk (TERMS Data Input Form)
6. ___ Disseminated copies of accommodation plan to all appropriate teacher(s)/personnel who will
implement the accommodations
6. ___ Communicated to teacher(s)/personnel their responsibility to implement accommodation plan immediately
7. ___ Obtained signatures on the 504/ADA Dissemination Log for Teachers (form 504-2)
8. ___ Filed active Section 504/ADA paperwork in 504 Folder
07/30/2009 117

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA
General Procedures Checklist for Review/Reevaluation/Dismissal
Student Name:
Date
School
Section 504/ADA Contact Person
THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT. IF USED, PLEASE FILE IN THE
SECTION 504/ADA FOLDER.
1. ___ Review Accommodation Plan
2. ___ A) No changes:
___ No meeting
YEARLY REVIEW
B) Changes:
___ Scheduled meeting
___ Invited parent(s)/guardian(s) either by written form or by phone (Parent Invitation Form)
___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under
Section 504/ADA
___ Completed necessary review evaluations, as needed
___ Revised accommodation plan (Accommodation Plan Form)
___ Acquired all necessary signatures
___ Provided parent(s)/guardian(s) with copies of revised accommodation plan
___ Provided parent(s)/guardian(s) a copy of Section 504/ADA procedural safeguards
___ Disseminated revised copies of accommodation plan to all necessary teacher(s)/personnel
(Dissemination Sign-off Log Form)
___ Communicated to teacher(s)/personnel their responsibility for implementing the revised
accommodation plan immediately
___ Obtained signatures on the 504/ADA Dissemination Log for Teachers (Form 504-2)
___ Filed revised accommodation plan in active Section 504/ADA Folder
THREE YEAR REEVALUATION
1. ___ Scheduled reevaluation meeting
2. ___ Notified parent(s)/guardian(s) of reevaluation meeting (Parent Notice of Reevaluation Form 504-5)
3. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA
4. ___ Reviewed accommodation plan
5. ___ Section 504/ADA Team decided:
A) ___ Further evaluation(s) needed B) ___ No further evaluation(s) needed
i) ___administered evaluation(s) i) ___ reviewed necessary evaluation
ii) ___ reviewed current evaluation information
information
iii)
iv)
___ scheduled meeting
___ invited parent(s)/guardian(s)
either by written form or by
phone
07/30/2009 118

6. ___ Completed NEW eligibility form
(Eligibility Form 504-3, pages 1 & 2)
7. ___ Ensured parent(s)/guardian(s) are provided with copy of Procedural Safeguards Under Section 504/ADA
IF CONTINUING ELIGIBILITY: OR IF DISMISSAL:
1. ___ Developed NEW accommodation plan 1. ___ Determined dismissal with dismissal date
(Accommodation Plan Form)
(Eligibility Form)
2. ___ TERMS Input: 2. ___ TERMS Input:
A) ___ Entered NEW data on TERMS A) ___ Entered dismissal data on TERMS
B) ___ Submitted all necessary TERMS B) ___ Submitted all necessary TERMS
data to school data entry clerk
dismissal data to school data entry clerk
3. ___ Disseminated copies of NEW 3. ___ Filed inactive Section 504/ADA paperwork in
accommodation plan to all appropriate
Guidance Record Folder
teacher(s)/personnel
4. ___ Communicated to teacher(s)/personnel their
responsibility for implementing the NEW
accommodation plan immediately
5. ___ Obtained signatures on the 504/ADA
Dissemination Log for Teachers
6.___ Filed NEW accommodation plan in active
Section 504/ADA Folder
07/30/2009 119

BREVARD PUBLIC SCHOOLS, FLORIDA
Section 504/ADA
ADHD Procedures Checklist For Initial Eligibility Determination
Student Name:
Date
School
Section 504/ADA Contact Person
THIS FORM IS OPTIONAL FOR THE SECTION 504/ADA CONTACT, IF USED, PLEASE FILE IN THE
STUDENT’S SECTION 504/ADA FOLDER.
INITIAL ADHD SCREENING
___ 1. Referral to CST
___ 2. Invitation to parent
___ 3. Cum review
___ 4. Classroom review (teacher comments, parent conferences, academic interventions)
___ 5. Attendance review (absences, tardies, attendance resource teacher)
___ 6. Behavior review (checklists, discipline reports, behavior interventions)
EVALUATION WITH DIAGNOSIS
___ 1. Obtain parent consent
___ 2. Provide Section 504/ADA procedural safeguards and brochure
___ 3. ADHD Medical/Clinical Diagnosis
___ 4. Observation #1
___ 5. Observation #2
___ 6. BASC Monitor for ADHD or ADDES or Connor’s Long Version
___ 7. Review Screening information
___ 8. Classroom Performance form
___ 9. I.Q. Screener – optional
___10. Individual Achievement Test – optional
EVALUATION WITHOUT DIAGNOSIS
___ 1. Obtain parent consent
___ 2. Provide Section 504/ADA procedural safeguards and brochure
___ 3. Attentional/Activity Level Screening form -- parent
___ 4. Attentional/Activity Level Screening form – teacher
___ 5. Observation #1 (Schools Psychologist required)
___ 6. Observation #2
___ 7. BASC or Achenbach –parent form
___ 8. BASC or Achenbach – teacher form
___ 9. Connor’s Rating Scales or ADDES (Hawthorne) – parent form
___ 10. Conner’s Rating Scales or ADDES (Hawthorne) – teacher form
___ 11. Social History
___ 12. Review screening information
07/30/2009 120

___ 13. Classroom Performance form
___ 14. I.Q. Screener – optional
___ 15. Individual Achievement test – optional
ELIGIBILITY
___ 1. Schedule eligibility meeting
___ 2. Invite parent(s)/guardian(s), either in written form OR by phone
___ 3. 504 Team determined eligibility:
A) ___ eligible
B) ___ not eligible
___ 4. Complete eligibility form (Eligibility Form 504-3, pages 1 & 2)
___ 5. Acquire all necessary signatures
___ 6. Determined ineligible, filed completed paperwork in guidance record folder
___ 7. Provide parent/guardian with copies of forms and Procedural Safeguards Under Section 504/ADA
PLACEMENT/ACCOMMODATION PLAN
___ 1. Referred to Appendix C for sample accommodations
___ 2. Wrote accommodation plan (Accommodation Plan Form)
___ 3. Provided parent(s)/guardian(s) with copies of complete Section 504 ADA paperwork including Procedural
Safeguards Under Section 504/ADA
___ 4. TERMS data:
A) ___ Entered TEREMS data or
B) ___ Submitted all necessary TERMS data to school data entry clerk (TERMS Data Input Form)
___ 5. Disseminated copies of accommodation plan to all appropriate teacher(s)/personnel who will implement the
accommodations
___ 6. Communicated to teacher(s) personnel their responsibility to implement accommodation plan immediately
___ 7. Obtained signatures on the 504/ADA Dissemination Log for Teachers (Form 504-2)
___ 8. Filed active Section 504/ADA paperwork in 504 folder
07/30/2009 121

APPENDIX H
RESOURCES
07/30/2009 122

RESOURCES
Booklets:
ACCOMMODATIONS (Assisting Students With Disabilities - A Guide for Educators)
Florida Department of Education, 1999
TESTING ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES
Florida Department of Education, 1999
SECTION 504 AND THE ADA PROMOTING STUDENT ACCESS - A Resource Guide for
Educators; Council of Administrators of Special Education, Inc. 1999
DISTRICT GUIDE FOR MEETING THE NEEDS OF STUDENTS, Section 504 of the
Rehabilitation Act of 1973; Department of Education, 2005
THE IEP TEAM’S GUIDE TO FCAT ACCOMMODATIONS
Florida Department of Education, 2005
Web Sites:
• http://sss.usf.edu/504tutorial - Online tutorial to Section 504 of the Rehabilitation Act of
1973, © 2006, Florida Department of Education, Bureau of Exceptional Education and Student Services
• http://www.ed.gov/about/offices/list/ocr/504faq.html - U.S. Department of Education,
Office for Civil Rights, Protecting Students With Disabilities, Frequently Asked
Questions About Section 504 and the Education of Children with Disabilities (revised
2009)
Books:
Norlin, John W., Esq.; What Do I Do When - - The Answer Book on Section 504; Third
Edition; LRP Publications; 2008
Richards, David M., Esq.; The Top Section 504 Errors: Expert Guidance to Avoid Common
Compliance Mistakes; LRP Publications; 2008
Zirkel, Perry, PhD., JD; §504/ADA, A Comprehensive Update on Student Issues and Answers;
LRP Publications, April 28, 2000.
07/30/2009 123

APPENDIX I
REFERENCES
07/30/2009 124

REFERENCES:
Attention Deficit Disorders: An Educator's Guide, C.H.A.D.D. Bulletin, 1993
Broward County Schools Section 504/ADA Procedures, The School Board of Broward County, 1997.
ESE Assessment Resource Guide 1999-2000, Pinellas County Schools.
Federal Register, Part II, Dept. of Education, 34 CFR Parts 300 and 303, March 12, 1999.
FCAT Administrator's Manual, Florida Dept. of Education, February, 2000, Pages 39-42.
Norlin, John W. Esq., What Do I Do When … The Answer Book on Section 504, Third Edition; LRP
Publications, 2008.
Howard, Pat; Student Services, Florida Department of Education E-mail, April 17, 2000.
District Guide for Meeting the Needs of Students, Section 504 of the Rehabilitation Act of 1973, Florida
Department of Education, 2005.
Section 504 and the ADA - Promoting Student Access - A Resource Guide for Educators, Second Edition,
Council of Administrators of Special Education, Inc. (CASE), 1999.
Section 504 - Compliance Advisor Bulletins, LRP Publications
1997 - Volume 1, Issue 7, September
Volume 1, Issue 8, October
Volume 1, Issue 10, December
1998 - Volume 2, Issue 2, April
Volume 2, Issue 9, November
Volume 2, Issue 10, December
1999 - Volume 3, Issue 8, October
Volume 3, Issue 10, December
2000 - Volume 3, Issue 11, January
Volume 4, Issue 4, June
Section 504 for K-12 Special Educators, Post-Institute Symposium 2, LRP Publications, Alexandria, VA May
10, 2000.
Student Access: A Resource Guide For Educators: Section 504 of the Rehabilitation Act of 1973, Council of
Administrators of Special Education Inc. (CASE), 1992
The Special Educator, LRP Publications, January 14, 2000
The IEP Team’s Guide to FCAT Accommodations, Bureau of Exceptional Education and Student Services,
Florida Department of Education, 2005
Zirkel, Perry, PhD., J.D.; Section 504/ADA, A Comprehensive Update on Student Issues and Answers, LRP
Publications, April 28, 2000
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NONDISCRIMINATION NOTICE
It is the policy of the School Board of Brevard County to offer the opportunity to all students to participate in appropriate programs and activities
without regard to race, color, gender, religion, national origin, disability, marital status, or age, except as otherwise provided by Federal law or by
Florida state law.
A student having a grievance concerning discrimination may contact:
Dr. Brian T. Binggeli
Superintendent
Brevard Public Schools
Ms. Brenda Blackburn
Associate Superintendent,
Division of Curriculum
and Instruction
Equity Coordinator
Dr. Walter Christy, Director
Secondary Education
Ms. Eva Lewis, Director
ESE Program Support Services
ADA/Section 504 Coordinator
School Board of Brevard County
2700 Judge Fran Jamieson Way
Viera, Florida 32940-6601
(321) 633-1000
It is the policy of the School Board of Brevard County not to discriminate against employees or applicants for employment on the basis of race, color,
religion, sex, national origin, participation and membership in professional or political organizations, marital status, age, or disability. Sexual
harassment is a form of employee misconduct, which undermines the integrity of the employment relationship, and is prohibited. This policy shall
apply to recruitment, employment, transfers, compensation, and other terms and conditions of employment.
An employee or applicant having a grievance concerning employment may contact:
Ms. Susan Standley, Director
Office of
Compensation & Benefits
Ms. Joy Salamone, Director
Human Resources Services
and Labor Relations
School Board of Brevard County
2700 Judge Fran Jamieson Way
Viera, Florida 32940-6601
(321) 633-1000
This publication or portions of this publication can be made available to persons with disabilities in a variety of formats, including large
print, Braille or audiotape. Telephone or written requests should include your name, address, and telephone number. Requests should
be made to Kim Riddle, Exceptional Education Projects, 633-1000, extension 535, at least two (2) weeks prior to the time you need the
publication.
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