Section 504 Resource Guide - SFUSD School Health Programs

SAN FRANCISCO UNIFIED SCHOOL DISTRICTSection 504of theRehabilitation Act of 1973Resource GuideSTUDENT, FAMILY AND COMMUNITY SUPPORT DEPARTMENTSCHOOL HEALTH PROGRAMS1515 Quintara StreetSan Francisco, CA 94116(415) 242-2615

PrefaceSFUSD does not discriminate on the basis of disability. It is the policy of the San FranciscoUnified School District (SFUSD) to identify and evaluate students who, within the intent ofSection 504 of the Rehabilitation Act of 1973 (Section 504), may need accommodations/services to receive a free appropriate public education. SFUSD is committed to ensuring that504-eligible students receive a free appropriate education and will provide the necessaryaccommodations and specialized services through a 504 Plan to ensure this right.This Section 504 Resource Guide provides an overview of Section 504 of the Rehabilitation Actof 1973 as it relates to programs and services for students, as well as an overview of SanFrancisco Unified School District’s administrative regulations and procedures, required forms,and parental rights.The District 504 Resource Team is comprised of the following members:Diane Goldman, District 504 Coordinator & School District Nurse, School Health ProgramsKaturah Weyenburg, Special Education SupervisorSheila Meneely, Lead School PsychologistFor additional information regarding Section 504 contact:Diane Goldman, MSN, RN, PNPDistrict 504 CoordinatorStudent, Family and Community Support DepartmentSchool Health Programs1515 QuintaraSan Francisco, CA 94116(tel) (415) 242-2615(fax) (415) 242-2618

Related Legislation—the IDEA, the ADA & the ADAAA of 2008IDEAThe Individuals with Disabilities Education Act (IDEA) is a federal statute providing for theeducation of students with disabilities. The IDEA provides special education and relatedservices in the least restrictive environment for students who qualify under IDEA criteria. Thereare 13 eligibility categories under the IDEA, and a student must meet one or more of thoseeligibility categories and require special education and related services in order to deriveeducational benefit. The Section 504 definition of a disability is broader, including any physicalor mental impairment that substantially limits a major life activity; any person who has a recordof such disability, or who is regarded as having such disability.Section 504 covers a wider array of students with disabilities than the IDEA. A student with adisability who does not qualify for special education under the IDEA, may qualify for servicesand/or accommodations under Section 504.Special education and related services under the IDEA are provided and managed by specialeducation staff members, often in collaboration with general education staff. In contrast, theprovision and management of Section 504 services and accommodations is generally theresponsibility of general education staff members. Section 504 Plans are most often (but notalways) implemented in the general education setting by general education staff.ADALike Section 504, the Americans with Disabilities Act (ADA) is federal legislation designed toprotect the civil rights of individuals with disabilities, and provide a free appropriate publiceducation (FAPE) for eligible students. Both Section 504 and the ADA have provisionsregarding the accessibility of buildings and facilities. While Section 504 applies to entities thatreceive federal funds, the ADA applies to virtually every entity except churches and privateclubs. The obligations the ADA imposes are virtually identical to those imposed upon publicschools by Section 504.ADAAA – The ADA Amendments Act of 2008In September of 2008, Congress passed an amendment to the ADA, which is called the ADAAmendments Act of 2008 (ADAAA). Effective as of January 1, 2009, the ADAAA establisheda broad definition of “disability” and other terms within the ADA and Section 504. TheADAAA affected the way that eligibility is determined under Section 504. This 504 ResourceGuide reflects the ADAAA’s changes to the ADA and Section 504. (ADA Amendments Act of2008 codified at 42 USC § 12102.)SFUSD Student, Family and Community Support Department – 2012-2013 School Year 3

question is usually answered quickly and easily. Once this is answered, the following twoquestions form the core of the eligibility analysis for Section 504 services:1. Does the student have a physical or mental impairment?2. Does the impairment substantially limit one or more major life activities?If the student is “qualified” (i.e. is of school age by state law) and both questions above areanswered “yes,” then the student will be deemed a student with a disability under Section 504and will be entitled to general or special education and related aids and services in order to meethis/her individual educational needs as adequately as the needs of non-disabled persons are met.The above questions are central to the evaluation of the student for eligibility under Section 504and must be addressed pursuant to the requirements provided under “Evaluation” section below.Evaluation504 eligibility and placement determinations (including services) must be made based on anevaluation of the child and by a group of persons including persons knowledgeable about thechild, about the meaning of evaluation data, and about the placement/services options.The school site SST/504 Team makes Section 504 eligibility, placement, and servicesdeterminations and must be comprised of the persons with the required knowledge, as above.Preparation Tip: In preparation for the SST/504 meeting, the school site 504 Coordinator willgather all information and data on the student. The School Site 504 Coordinator will forward acopy of the completed Request for 504 Evaluation Form (504-1) and copies of all supportingdocuments to the District 504 Coordinator. The District 504 Resource Team will provide adviceand/or assistance as needed, including advice on whether any additional personnel may benecessary to join the Site SST/504 Team in order for it to be properly comprised with personswith the knowledge required by law. For example, a case where a student has a medical issueand complex medical information is being presented may require that a school district nurseconsult with the student’s doctor. The District 504 Resource Team can provide guidance andassistance and may recommend that a school district nurse join the SST/504 Team to assist.Parent/guardian must have the opportunity for participation and input. In addition, writtenconsent signed by parent/guardian is required for an initial evaluation under Section 504 andmust be obtained in writing prior to the initial evaluation. Letter to Durham, 27 IDELR 380(OCR 1997). (Note, however, that re-evaluation under Section 504 does not require writtenparental consent.)In evaluating the student, the SST/504 Team must:1. Draw upon a variety of sources in the evaluation;2. Establish procedures to ensure that information obtained from all sources is documentedand carefully considered; and3. Ensure any placement (including services) decisions are made by the required group.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 5

Examples of sources to consider in making the Section 504 eligibility determination include, butare not limited to, the following: medical records, letters from health care providers; relevantschool records; observations of teachers, paraprofessionals, school administrators, schoolcounselors, parents/guardians, and where appropriate, from the student. This list is notexhaustive. Other sources may include information gathered from a discussion between theschool district nurse and the student’s doctor, assessment by district staff or other professional,and more. (Note: Prior to information sharing from health care providers to school staff, parentmust sign written consent to share confidential information.)If the SST/504 Team believes a formal assessment is needed, it may make a referral. For anyassessment conducted, the school district must ensure (1) that the assessment materials have beenvalidated for the purpose for which they are used, (2) assessments are administered by trainedpersonnel in conformity with the producer’s instructions; (3) assessments are designed to assessspecific areas of educational need; and (4) assessments are administered to accurately reflect thestudent’s ability rather than the student’s impaired skill. (34 CFR 104.35.)If a formal assessment is necessary, the SST/504 Team must include a resource specialist orother persons with knowledge of assessment instruments such as the school psychologist. TheSST/504 Team evaluates a student’s needs and possible disability before initiating services orbefore a significant change of placement is made. Information and data from a variety of sourcesis collected, documented, and considered.NOTE on Special Education Referrals: Referrals for assessment for special education servicesunder the IDEA may occur during the SST and/or 504 process. If parent/guardian requests areferral for IDEA special education assessment, a legal timeline is triggered. The referral shouldbe made immediately without delay to the school psychologist or school speech-languagepathologist depending on the suspected disability.DisabilityThe term “disability” means, with respect to an individual—(A) A physical or mental impairment that substantially limits one or more major lifeactivities of such individual;(B) Has a record of such an impairment; or(C) Is regarded as having such an impairment.(34 CFR 104.3(j); 42 USC § 12102.)A student who meets the definition under subpart “A” above is eligible for protection fromdiscrimination under Section 504, and also for services and/or accommodations designed to meetthe individual educational needs of the person with a disability as adequately as the needs of nondisabledpersons are met.A person who meets the definition under subparts “B” and/or “C” above is eligible for protectionfrom discrimination under Section 504, but is not eligible for services and/or accommodationsSFUSD Student, Family and Community Support Department – 2012-2013 School Year 6

unless they ALSO meet the definition under subpart “A.” This is because a person only eligibleunder subparts “B” and/or “C,” and not subpart “A,” does not actually have a disability, andtherefore he or she is not in need of, or entitled to, services and /or accommodations underSection 504. (OCR Senior Staff Memorandum 19 IDELR 894 (1992); OCR Frequently AskedQuestions About Section 504 and the Education of Children with Disabilities, March 2009,Question 37.)The Office for Civil Rights (OCR) of the U.S. Department of Education explains the distinctionas follows:“In public elementary and secondary schools, unless a student actually has animpairment that substantially limits a major life activity, the mere fact that a studenthas a ‘record of’ or is ‘regarded as’ disabled is insufficient, in itself, to trigger thoseSection 504 protections that require the provision of a free appropriate publiceducation (FAPE). This is consistent with the [ADA Amendments Act of 2008] . . .in which Congress clarified that an individual who meets the definition of disabilitysolely by virtue of being ‘regarded as’ disabled is not entitled to reasonableaccommodations or the reasonable modification of policies, practices or procedures.The phrases ‘has a record of disability’ and ‘is regarded as disabled’ are meant toreach the situation in which a student either does not currently have or never had adisability, but is treated by others as such.”(OCR Frequently Asked Questions About Section 504 and the Education of Childrenwith Disabilities, March 2009, Question 37; 42 USC 12102(3). See also OCR SeniorStaff Memorandum, 19 IDELR 894.)Physical or Mental ImpairmentPhysical or mental impairment means:(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical lossaffecting one or more of the following body systems: neurological; musculoskeletal;specific 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 brainsyndrome, emotional or mental illness, and specific learning disabilities.(34 Code of Federal Regulations Part 104.3(j)(2))Appendix A to the Section 504 regulations enumerates additional examples, diseases, andconditions, such as: orthopedic; visual, speech and hearing impairments; cerebral palsy; epilepsy;muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; and mental retardation.(Appendix A to 34 CFR Part 104, Analysis of Final Regulations, Subpart A, General Provisions.)The list of impairments from the ADA and Section 504 are not intended as exhaustive of alldiseases and conditions that may constitute a physical or mental impairment. A disease orSFUSD Student, Family and Community Support Department – 2012-2013 School Year 7

condition not specifically listed in the ADAAA or Section 504 regulations may nonethelessconstitute a physical or mental impairment under Section 504. Determinations must be made onan individualized case-by-case basis. (OCR Frequently Asked Questions About Section 504 andthe Education of Children with Disabilities, March 2009, Question 12.)Exclusions from the Definition “Individual with a Disability.” Section 504 explicitly excludesfrom the qualifying term “individual with a disability” a variety of “sexual behavior disorders”such as exhibitionism and voyeurism. Also excluded are compulsive gambling, kleptomania,pyromania, and “psychoactive substance abuse disorders resulting from current illegal druguse.” (29 USC 705(20)(F), emphasis added; OCR Frequently Asked Questions About Section504 and the Education of Children with Disabilities, March 2009, Question 16.)Substantially LimitsThe ADA Amendments Act of 2008, which took effect on January 1, 2009, changed thedefinition of “substantially limits” that had been established over the years by courtinterpretations of the ADA and Section 504. The definition of disability, including thedefinition of “substantially limits,” in the ADA Amendments Act of 2008 applies to Section 504.The U.S. Supreme Court had interpreted “substantially limits” to mean that an individual must“have an impairment that severely restricts the individual from doing activities that are of centralimportance to most people’s daily lives.” With the ADA Amendments Act of 2008, Congressrejected this definition, and reinstated a broad scope of protection for individuals withdisabilities, stating that the definition of disability must be construed in favor of broad coverage“to the maximum extent permitted by the terms of the Act.”Congress ordered the revision of ADA regulations to be consistent with the broad scope ofprotection that Congress intended. (ADA Amendments Act of 2008, Findings and Purposes,Section 2(a)(8), 2(b) & 2(b)(6).)The final rules from the Equal Employment Opportunity Commission (EEOC), published inMarch, 2011, provide the following information to help guide 504 teams in applying the“substantially limits” portion of the definition of an individual with a disability for purposes ofdetermining eligibility under Section 504.Substantially Limits …As Compared to Most People in the General PopulationNot all impairments affect an individual in a major life activity such that they are substantiallyimpaired. An individual with a disability is someone who due to an impairment is substantiallylimited in performing a major life activity as compared to most people in the generalpopulation. An impairment need not prevent or severely restrict the individual from performinga major life activity to be considered a disability. While the limitation imposed be animpairment must be important, it need not rise to the level of severely or significantly restrictingthe ability to perform a major life function. The level of limitation required is “substantial” ascompared to most people in the general population, which does not require significant or severerestriction yet must be more than a temporary, non-chronic impairment of short duration withSFUSD Student, Family and Community Support Department – 2012-2013 School Year 8

little or no residual effects (e.g. the common cold or flu). Multiple impairments that combine tosubstantially limit one or more of an individual’s major life activities also constitute a disability.(Federal Register, Vol. 74, No. 183, Wednesday, September 23, 2009, EEOC Proposed Rules,Appendix to Part 1630, Interpretive Guidance on Title I of the Americans with Disabilities Act,page 48446.)Determination of whether an individual is experiencing substantial limitation in performing amajor life activity is a common sense assessment based on comparing an individual’s ability toperform a specific major life activity (which could include a major bodily function) with that ofmost people in the general population. (Questions and Answers on the Notice of ProposedRulemaking for the ADA Amendments Act of 2008, EEOC, fromhttp://www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html, last modified September 23, 2009.)The comparison between the individual and “most people” should be based on a common-senseapproach that does not require an exacting or statistical analysis. The comparison to the generalpopulation continues to mean a comparison to other people in the general population, not acomparison to those similarly situated. For example, the ability of an individual with anamputated limb to perform a major life activity is compared to other people in the generalpopulation, not to other amputees. However, this does not mean that disability cannot be shownwhere an impairment is diagnosed, or its limitations evidenced, by reference to intra-individualdifferences (i.e. a disparity between an individual’s aptitude and actual versus expectedachievement), or in comparison to a particular class of people rather than how the impairmentmanifests itself in reference to the general population. For example, an individual with dyslexiamay be substantially limited in reading and/or learning as evidenced by information about howthe impairment affected his learning as compared to what would otherwise be expected of theindividual or others of a certain age, school grade, level of education, or aptitude.(Federal Register, Vol. 74, No. 183, Wednesday, September 23, 2009, EEOC Proposed Rules,Appendix to Part 1630, Interpretive Guidance on Title I of the Americans with Disabilities Act,page 48446.)Rules Used to Determine Whether Someone Has a Disability for Purposes of Section 504: An impairment need not prevent, or significantly or severely restrict, performance of amajor life activity to be “substantially limiting.” Disability “shall be construed in favor of broad coverage” and “should not requireextensive analysis.” An individual’s ability to perform a major life activity is compared to “most people in thegeneral population” often using a common-sense approach that does not require anexacting or statistical analysis. An impairment need not substantially limit more than one major life activity.(Summary of Key Provisions: EEOC’s Notice of Proposed Rulemaking to Implement the ADAAmendments Act of 2008, from http://www.eeoc.gov/laws/regulations/upload/adaaasummary.pdf;EEOC Proposed Rules, Federal Register, Vol. 74, No. 183, Wednesday,September 23, 2009, Appendix to Part 1630, Interpretive Guidance on Title I of the Americanswith Disabilities Act, page 48446.)SFUSD Student, Family and Community Support Department – 2012-2013 School Year 9

Examples Illustrating Definition of Disability:• Impairments for which an individualized assessment “can be conducted quickly andeasily, and that will consistently result in a determination that the person issubstantially limited in a major life activity”: deafness, blindness, intellectual disability(formerly known as mental retardation), partially or completely missing limbs, mobilityimpairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes,epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolardisorder, post-traumatic stress disorder, obsessive-compulsive disorder, andschizophrenia. This is not an exhaustive list of examples, which means that impairmentsnot listed could still consistently meet the definition of disability.• Impairments that may be substantially limiting for some individuals but not for others,and therefore may require somewhat more analysis to determine whether they aresubstantially limiting for a particular individual, though still not extensive analysis:asthma, high blood pressure, back and leg impairments, learning disabilities, panic oranxiety disorders, some forms of depression, carpal tunnel syndrome, andhyperthyroidism. This is not an exhaustive list of examples, which means thatimpairments not listed could meet the definition of disability.• Temporary, non-chronic impairments of short duration with little or no residual effectsthat usually will not substantially limit a major life activity: common cold, seasonal orcommon influenza, a sprained joint, minor and non-chronic gastrointestinal disorders, abroken bone expected to heal completely, appendicitis, and seasonal allergies. Moreover,episodic conditions that impose only minor limitations are not disabilities. Theseconditions may include seasonal allergies that do not substantially limit a person’s majorlife activities even when active. The fact that an impairment is of long duration, chronic,or even permanent, does not necessarily establish that it is substantially limiting.• However, an impairment may still be substantially limiting even if it lasts or is expectedto last fewer than 6 months, and must be analyzed on a case-by-case basis.(Summary of Key Provisions: EEOC’s Notice of Proposed Rulemaking to Implement the ADAAmendments Act of 2008, from http://www.eeoc.gov/laws/regulations/upload/adaaasummary.pdf;EEOC Proposed Rules, Federal Register, Vol. 74, No. 183, Wednesday,September 23, 2009, Appendix to Part 1630, Interpretive Guidance on Title I of the Americanswith Disabilities Act, page 48446.)“Substantial Limitation” Must Be the Result of a Mental or Physical ImpairmentIt is important to remember that the limitation on the performance of a major life activity must bethe result of a condition that is an impairment under Section 504. Advanced age by itself,physical or personality characteristics, and environmental, cultural, and economic disadvantagesare not impairments. Consequently, even if such factors substantially limit an individual’sability to perform a major life activity, this limitation will not constitute a disability.Thus, if someone could sleep only three hours per night because he had a newborn child living inhis home, or because he lived along a noisy street, his limitation would not constitute a disability.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 10

An individual who is unable to read because he or she was never taught to read would not be anindividual with a disability because lack of education is not an impairment.However, an individual who is substantially limited in reading because of dyslexia would be anindividual with a disability because dyslexia, a learning disability, is an impairment. (FederalRegister, Vol. 74, No. 183, Wednesday, September 23, 2009, EEOC Proposed Rules, Appendixto Part 1630, Interpretive Guidance on Title I of the Americans with Disabilities Act, page48447.)Episodic Disabilities and RemissionIf an impairment is episodic or in remission, school districts must consider whether theimpairment would substantially limit one or more major life activities when the impairment isactive in order to determine if the student is eligible for Section 504 Services. (29 USC 705; 42USC 12101.)To develop a 504 Plan for an eligible student who has an impairment that is episodic or inremission, create a 504 Plan to address the student’s needs when the impairment is active andwhen it is not active. For example, the 504 Plan may specify: “If student’s condition is active,then Y… If student’s condition is not active, then Z…”Be careful not to overlook student needs that may be present even when the impairment isinactive or in remission.Mitigating MeasuresIn determining whether a student has a physical or mental impairment that substantially limits amajor life activity, the school district must not consider the ameliorating effects of anymitigating measures the student is using—with the exception of the use of eyeglasses or contactlenses which, when used, eliminate the vision impairment.In the ADA Amendments Act of 2008, Congress did not define the term “mitigating measures,”but did provide a non-exhaustive list of equipment or appliances; low-vision devices (notincluding eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aidsand cochlear implants or other implantable hearing devices; mobility devices; oxygen therapyequipment and supplies; use of assistive technology; reasonable accommodations or auxiliaryaids or services; and learned behavioral or adaptive neurological modifications.Note: The one exception to the mitigating measures analysis was the use of ordinary eyeglassesor contact lenses, which, when used, cause the student not to have a substantial impairment ofthe major life function of seeing. In other words, the mitigating effect of the use of ordinaryeyeglasses or contact lenses may be considered in determining eligibility under Section 504.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 11

Other than this exception, the ameliorating effect of any mitigating measure (e.g. medication,hearing aids, learned behaviors, modifications) may not be taken into account. A 504 eligibilitydetermination must be made by assessing the disability or disabilities without mitigatingmeasures.Tip: With the exception of eyeglasses or contact lenses as above, if the student would be eligiblewhen the impairment is unmitigated, make the student eligible and develop a 504 Plan.To develop a 504 Plan for a student who usually has or uses mitigating measures, create a 504Plan to address the student’s needs when the impairment is unmitigated. For example, the 504Plan may specify: “If student has or is utilizing [mitigating measure X], then Y… If student doesnot have or is not utilizing [mitigating measure X], then Z…” Be careful not to overlookstudent needs that may be present even when the student has or is utilizing a mitigating measure.Temporary ImpairmentA temporary impairment does not constitute a disability for purposes of Section 504 unless itsseverity is such that it results in a substantial limitation of one or more major life activities for anextended period of time. The issue of whether a temporary impairment is substantial enough tobe a disability must be resolved on a case-by-case basis, taking into consideration both theduration (or expected duration) of the impairment and the extent to which it actually limits amajor life activity of the affected individual. (OCR Frequently Asked Questions About Section504 and the Education of Children with Disabilities, March 2009, Question 34; 42 USC 12101.)The determination of whether a temporary impairment is a disability for purposes of eligibilityfor services under Section 504 should be resolved on a case-by-case basis, with individualizedanalysis, taking into consideration both the duration of the impairment and whether it causes asubstantial limitation to one or more major life activities. Impairments causing limitations thatlast, or are expected to last, for six or fewer months may still be substantially limiting.In addition, in the ADA Amendments Act of 2008, which applies to Section 504, Congressclarified that an individual shall not be “regarded as” having a disability (protected fromdiscrimination on the basis of disability) if the impairment is both transitory and minor. Animpairment is considered transitory with an actual or expected duration of six (6) months or less.(OCR Frequently Asked Questions About Section 504 and the Education of Children withDisabilities, March 2009, Question 34; 42 USC 12101.)If a temporary impairment is both transitory and minor, then the individual is not eligible forprotection from discrimination on the basis of disability under the “regarded as” clause of thedefinition of disability under Section 504.However, the definition of an impairment as “transitory” under the “regarded as” part of thedefinition of disability does not establish a requirement that an impairment must last for morethan six months in order to be considered substantially limiting under the “actual” or “record of”parts of the definition of disability. As stated above, impairments causing limitations that last, orare expected to last, for six or fewer months may still be substantially limiting. (FederalSFUSD Student, Family and Community Support Department – 2012-2013 School Year 12

Register, Vol. 74, No. 183, Wednesday, September 23, 2009, EEOC, Proposed Rules, Appendixto Part 1630, Interpretive Guidance on Title I of the Americans with Disabilities Act, page48446.)Major Life ActivitiesMajor life activities “include, but are not limited to, caring for oneself, performing manual tasks,seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing,learning, reading, concentrating, thinking, communicating, and working.” (ADA AmendmentsAct of 2008 codified at 42 USC § 12102(2)(A).)Major life activity also includes the operation of a major bodily function, including but notlimited to, functions of the immune system, normal cell growth, digestive, bowel, bladder,neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (ADAAmendments Act of 2008 codified at 42 USC § 12102(2)(B).)An activity or function not specifically codified in the ADAAA or listed in the Section 504regulatory provisions may nonetheless constitute a major life activity.Tip: Do not limit eligibility analysis only to the major life activity of “learning.” SST/504Teams must determine whether any major life activity is substantially limited. Considering“learning” alone is not sufficient. If any major life activity is substantially limited by a mental orphysical impairment, the student is eligible for Section 504 services and/or accommodations.QualifiedSection 504 states that:No qualified [individual with a disability] shall, on the basis of [disability], be excludedfrom participation in, be denied the benefits of, or otherwise be subjected todiscrimination under any program or activity which receives Federal financial assistance.(34 CFR § 104.4(a) emphasis added.)With respect to public preschool, elementary, secondary, or adult educational services, anindividual with a disability is “qualified” if he/she is (1) of an age during which nondisabledindividuals are provided educational services, or (2) of any age during which it is mandatoryunder state law to provide such services to disabled individuals; or (3) who is entitled to a freeappropriate public education (FAPE) under the IDEA. (34 CFR 104.3(l)(2).)With respect to other services, an individual with a disability is “qualified” if he/she meets theessential eligibility requirements for the receipt of such services. (34 CFR 104.3(l)(4).) For aperson to be covered under Section 504, the individual must be qualified, meaning that a personwith a disability must be qualified to do something before the presence of a disability can be afactor in discrimination. Therefore, if a person wants to participate in some activity, but theindividual is not qualified for that activity, not allowing the person to participate would not beconsidered discrimination.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 13

The following is an example of this: A 17 year old high school boy with ADHD tries out for thebasketball team, but he does not demonstrate sufficient skills in passing, dribbling, and shootingthe ball—all of which are required to be on the basketball team. The student will probably notmake the team. This would not likely be considered discrimination under Section 504 becausethe student was not qualified to be on the team due to his lack of basketball skills.Has a Record of Such ImpairmentHas a record of such impairment means has a history of, or has been classified as having, amental or physical impairment that substantially limits one or more major life activities.(34 Code of Federal Regulations Part 104.4)As noted above, having a record of having such impairment—but not actually having suchimpairment—may allow a qualified individual to be eligible for protection from discriminationon the basis of disability under Section 504, but not for services.Is Regarded as Having an ImpairmentIs regarded as having an impairment means:(A) Has a physical or mental impairment that does not substantially limit major lifeactivities but that is treated by [a school district] as constituting such a limitation;(B) Has a physical or mental impairment that substantially limits major life activities onlyas a result of the attitudes of others toward such impairment; or(C) Has none of the impairments as defined … but is treated by [a school district] ashaving such an impairment.”(34 Code of Federal Regulations Part 104.3)As noted above, being “regarded as” having such impairment—but not actually having suchimpairment—may allow a qualified individual to be eligible for protection from discriminationon the basis of disability under Section 504, but not for services or accommodations.(See “Overview” section on page 4.)TimelineWhile there are no specific timelines for completing the Section 504 Evaluation process, theevaluation must be completed within a reasonable period of time. Generally, it is not reasonable toexceed 60 days from the date of the written request for a Section 504 Evaluation, excluding schoolvacation or break days exceeding five days.If the request for a 504 evaluation is made orally and the individual making the request is unable tosubmit a written request, the Site Administrator or Site 504 Coordinator shall assist in the completionof a written request or a “Request for Section 504 Evaluation Form.”SFUSD Student, Family and Community Support Department – 2012-2013 School Year 14

II.Requirements of Section 504 and ADANondiscriminationNon-discrimination is one of two requirements of Section 504 and ADA. For example, studentswith disabilities should be allowed to participate in all activities that are available to studentswithout disabilities. These include participation in the same academic curriculum as well asextracurricular activities. Students must have equal access to health services, athletics, clubs,employment, and field trips.When granting access to extracurricular activities, schools may use the qualified criteria. Inother words, if a student with ADHD is not qualified to be a member of the swim team becauseof his lack of swimming skills, then the school is not discriminating against the student if thestudent is denied membership on the swim team.Section 504 and the ADA require that programs are physically accessible for persons withdisabilities. For example, if a sophomore in high school who uses a wheelchair wants to takebiology, the school cannot deny the student taking this course simply because the class is locatedon the second floor of an inaccessible building.Free Appropriate Public EducationSection 504 requires school districts to provide a free appropriate public education (FAPE) toeach qualified student with a disability, regardless of the nature or severity of the student’sdisability. (34 CFR § 104.33(a).)Under Section 504, FAPE may consist of either general or special education and related aids andservices that are designed to meet the needs of the student with a disability as adequately as theneeds of nondisabled peers are met. (34 CFR § 104.33(a)-(b).)Such services and aids are to be implemented by means of an appropriate document such as a504 Plan. The Section 504 FAPE requirement is a matter of both substance and procedure.The provision of services and/or accommodations under Section 504 is limited to students whoare found, as a result of an evaluation, to actually have such a disability, in which case a 504 Planwill be developed, if needed, to provide appropriate accommodations and/or services designed tomeet the individual educational needs of persons with disabilities as adequately as the needs ofnon-disabled persons are met. (34 CFR § 104.33(a)-(b).)Least Restrictive EnvironmentIn addition, Section 504 has a least restrictive environment (LRE) requirement, whereby a schooldistrict must:“[P]rovide for the education of each [student with a disability] in its jurisdiction with[non-disabled] persons . . . to the maximum extent appropriate to the needs of the [personSFUSD Student, Family and Community Support Department – 2012-2013 School Year 15

with a disability]. A school district shall place a [student with a disability] in the regulareducational environment . . . unless it is demonstrated by the school district that theeducation of the [student with a disability] in the regular environment with the use ofsupplementary aids and services cannot be achieved satisfactorily . . .”(34 CFR § 104.34(a).)California High School Exit Exam (CAHSEE)Beginning in 2009-2010, California Education Code Section 60852.3 provides an exemptionfrom meeting the California High School Exit Examination (CAHSEE). The exemption appliesto students with disabilities in grades eleven and twelve who have an IEP or 504 plan thatindicates the pupil is scheduled to receive a high school diploma, and that the pupil has satisfiedor will satisfy all other state and local requirements for the receipt of a high school diploma, onor after July 1, 2009. All grade ten students must participate in the CAHSEE to satisfy AdequateYearly Progress requirements.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 16

III.Administrative RegulationsPurpose and ResponsibilitySFUSD does not discriminate on the basis of disability. It is the intent of the San FranciscoUnified School District to identify, evaluate and provide a free appropriate education to eacheligible student with a disability within its jurisdiction regardless of the nature or severity of thedisability.It is the further intent of the District to ensure that students who are disabled within the meaningof Section 504 of the Rehabilitation Act of 1973 (Section 504) are identified, evaluated andprovided with the appropriate accommodations, related aids and/or services that are designed tomeet the needs of each disabled person as adequately as the needs of non-disabled persons.Site 504 CoordinatorThe School Site Section 504 Coordinator (Site 504 Coordinator) works with the Student SupportTeam (SST) to review all referrals for a 504 evaluation to consider whether the student’s needsmay be able to be met through SST interventions or if a Section 504 evaluation should proceed.If after implementing an SST action plan of interventions for a student for 4-6 weeks, it isdetermined that the action plan is successful, then the SST with parent/guardian participation,may decide not to initiate a request for a Section 504 plan. If the SST action plan is notsuccessful, then the SST may refer the student for a 504 evaluation if it suspects the student has amental or physical impairment that substantially limits a major life activity.If the SST refers student to be evaluated for 504 eligibility, or parent/guardian requests suchevaluation, the Site 504 Coordinator will send Notice of Parent/Guardian rights and Notice ofInvitation to Parent/Guardian to 504 Meeting, and will gather from a variety of sourcesinformation and data about student relating to the possible eligibility for Section 504.The Site 504 Coordinator will contact and consult with the District’s 504 Coordinator to ensurethat the SST/504 Team has the resources and knowledge it needs to evaluate the student underSection 504. The District 504 Coordinator will help the Site 504 Coordinator determine whetheradditional staff members may be needed, given the issues raised, in order for the SST/504 Teamto be comprised of the persons with the appropriate knowledge required by law.The District 504 Coordinator serves as a primary resource for Site 504 Coordinators. As noted,the District 504 Coordinator, other members of the District 504 Resource Team, or otherpersonnel as appropriate, may participate as members of the school site SST/504 Team toevaluate the student for 504 eligibility, and if eligible, to develop appropriate services and/oraccommodations under Section 504.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 17

District 504 CoordinatorThe District 504 Coordinator serves as a primary resource for 504 issues district-wide, and forSite 504 Coordinators. As noted, the District 504 Coordinator, other members of the District 504Resource Team, or other personnel as appropriate, may participate as members of the school siteSST/504 Team to evaluate the student for 504 eligibility, and if eligible, to develop appropriateservices and/or accommodations under Section 504.The District 504 Coordinator is also responsible for coordinating compliance with Section 504and the ADA, reviewing and responding to complaints, and helping to maintain documentationof 504 plans and ensure compliance with 504 plans. The District 504 Coordinator is thechairperson of the District 504 Resource Team.District 504 Resource TeamThe District 504 Resource Team is comprised of representatives from different departmentswithin the District, each with expertise in disability and/or evaluation and assessment. The 504Resource Team provides school sites with advice, guidance, training, and expertise regarding theimplementation of Section 504, and Resource Team members may join school site-basedSST/504 Teams when additional expertise is needed in order for the SST/504 Team to beproperly comprised of persons with the knowledge necessary to make an appropriate 504determination.504 Identification and Referral Procedures1. Any student who needs or is believed to need general or special education and relatedaids and services pursuant to Section 504 because of a disability or suspecteddisability, may be referred by a parent/guardian, teacher or other staff member, or bya community agency for evaluation for eligibility for services under Section 504, tobe determined by the school site Student Study Team/504 Team (SST/504 Team).[NOTE: Assessment for special education services under the IDEA (resulting inan IEP if eligible) occur under a separate and different process. If parent/guardianrequests an IDEA special education assessment, school staff must make thisreferral without delay to the school psychologist or speech-language pathologistdepending upon the suspected disability.]2. The SST/504 Team is responsible for the eligibility determination and must becomposed of persons including those knowledgeable about the student, the meaningof evaluation data, and placement/service options. Parent/guardian must be providedwith the opportunity to participate and review student records.a. In preparation for the SST/504 meeting, the Site 504 Coordinator will helpcomplete the “Request for Section 504 Evaluation Form” (504-1), obtainparent/guardian signed consent, and gather documentation such as studentSFUSD Student, Family and Community Support Department – 2012-2013 School Year 18

ecords, existing evaluation data, teacher observations, and any and allinformation submitted by parent/guardian.b. Once the “Request for 504 Evaluation Form” has signed parent/guardian consent,the Site 504 Coordinator will forward copies of the Request Form and alldocumentation to the District 504 Coordinator, and consult with the District 504Coordinator.c. The District’s 504 Coordinator will help the Site 504 Coordinator determinewhether the issues presented require expertise beyond the regular SST/504 Teammembers. In such case, the District 504 Coordinator will help identify theadditional personnel needed (such as the school psychologist, speech-languagepathologist, school district nurse, etc.). This helps ensure that the SST/504 Teamis comprised of the persons with the knowledge required by law.d. For example, when a student has medical issues, and medical information is beingpresented, a school district nurse may be needed to review documentation andconsult with the student’s health care provider (with parent/guardian consent).3. The SST/504 Team will promptly consider the referral and, based upon a review ofthe student’s school records (including academic, social, and behavioral records),assessment data, input and participation from the parent/guardian, and the student’scurrent documented needs, make a determination as to whether the student is eligiblefor Section 504 services/accommodations as a student with a disability within themeaning of Section 504. (The SST/504 Team may, with parent/guardianparticipation, determine that the student’s needs may be able to be met through SSTinterventions. In this case, an SST action plan of supports and/or interventions shouldbe developed without delay and tried for 4-6 weeks. The parent/guardian should beasked to withdraw his/her request for evaluation for the duration of the 4-6 weekperiod, to allow time for the attempted intervention and not go beyond the reasonabletimeframe required by law for a 504 evaluation to take place. If the SST interventionsare successful and student’s needs are being met, the SST plan should remain ineffect and the request for 504 evaluation need not be reinstated. If the SST plan is notsuccessful, the request for 504 evaluation should be reinstated, and the SST/504 Teamshould proceed with a 504 evaluation.)a. If the SST/504 Team believes further assessment is needed to inform the 504evaluation, it may make a referral for such assessment, and the SST/504 Teamwill reconvene once the results are available for the team to consider itsevaluation of the student’s eligibility for Section 504 services and/oraccommodations.b. During the SST/504 meeting, if the SST/504 Team comes to believe, upon areview of the information and data before it, that the team does not currently havethe information or the expertise necessary to make the eligibility determination atSFUSD Student, Family and Community Support Department – 2012-2013 School Year 19

that meeting, the SST/504 Team should note this in the meeting notes, and shouldschedule a second meeting for this purpose as soon as possible.4. If the SST/504 Team determines that the student is eligible for Section 504 servicesand/or accommodations, the Team must develop a 504 Plan for services and/oraccommodations designed to meet the needs of the student with a disability asadequately as the needs of a non-disabled peer are met.5. Timeline for Section 504 Evaluationa. While there are no specific timelines for completing the evaluation process, theevaluation must be completed within a reasonable period of time. Generally, it is notreasonable to exceed 60 days from the date of the written request for a Section 504Evaluation, excluding school vacation or break days exceeding five days.b. If the request for a 504 evaluation is made orally and the individual making therequest is unable to submit a written request, the Site Administrator or Site 504Coordinator shall assist in the completion of a written request or a “Request forSection 504 Evaluation Form.”SFUSD Student, Family and Community Support Department – 2012-2013 School Year 20

504 EvaluationThe evaluation of students within the meaning of Section 504 and formulation of a plan forservices and/or accommodations will be carried out by the SST/504 Team according to thefollowing procedures:1. The SST/504 Team, will consist of a group of persons including personsknowledgeable about the student, about the meaning of evaluation data, and aboutplacement/services options. Parent/guardian will have opportunity to participate andprovide input. The SST/504 Team will document and consider a variety of sources toevaluate whether student has a mental or physical impairment that substantially limitsone or more major life activities. The SST/504 Team must obtain signed, writtenparent/guardian consent before an initial evaluation is conducted. Parent/guardianrefusal to provide consent should be documented and stored in the student’scumulative folder. (If a parent/ guardian refuses to consent to an initial evaluationunder Section 504, the district may but is not obligated to file for a due processhearing to conduct the evaluation in the absence of consent. OCR Senior StaffMemorandum, 19 IDELR 895 (OCR 1992).) (Written parent/guardian consent is notrequired for re-evaluation.)2. The evaluation conducted by the SST/504 Team will comply with the requirements of34 C.F.R. Sec. 104.35 (a) (b), as follows: The evaluation will draw from a variety ofsources. All information will be documented and carefully considered. Allplacement/services determinations will be made by an appropriately constitutedSST/504 Team, as above. The determination must be made within a reasonableperiod of time.3. The eligibility determination will be made by the SST/504 Team as above. If thestudent is found eligible, the team will develop a 504 Plan as appropriate to meet thestudent’s needs as adequately as a non-disabled peer’s needs are met. If the student isfound ineligible, parent/guardian will be provided with Notice of Parent/GuardianRights including information on how to request a District 504 Review Hearing if theparent disagrees with the determination.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 21

504 Plan for Services/Accommodations1. For the student who has been found eligible by SST/504 Team as a qualified disabledstudent within the meaning of Section 504, the SST/504 Team shall be responsible fordeveloping a Section 504 Plan (Appendix 504-4) of services and/or accommodationsto meet the needs of the student with a disability as adequately as a non-disabledpeer’s needs are met, thus providing the student with a disability access to a freeappropriate public education under Section 504.2. The parent/guardian must be invited to participate in the SST/504 Team meetingwhere services and accommodations for the student will be determined. It is thepolicy of SFUSD to provide 10 days’ written notice to parent/guardian of anymeeting of the SST/504 Team (Appendix 504-2), as well as providingparent/guardian with a copy of the Notice of Parent and Student Rights Under Section504 (Appendix 504-3).3. A copy of the student’s 504 Plan shall be maintained in the student’s cumulative file.The student’s teachers, aides, and other school employees who provideaccommodations and/or services to the student shall have access to the plan to theextent that any of these individual(s) needs to be informed in order to provide for thestudent in the school setting. A copy of the 504 Plan should be given to theparent/guardian. A copy must also be forwarded the District Section 504Coordinator at School Health Programs, 1515 Quintara, San Francisco, 94116.4. In all cases, a student with a disability shall be placed in the least restrictiveenvironment with the use of reasonable accommodations and/or services, unless theDistrict demonstrates that such a placement cannot be achieved satisfactorily. Thestudent with a disability shall be educated with those who are not disabled to themaximum extent appropriate to the individual needs of the student.Review of Student Progress1. The Site 504 Coordinator will review all 504 plans at the start of the each school yearwith the student’s teacher(s). The school site SST/504 Team will review eachstudent’s 504 Plan annually and revise it as needed. Every student with a 504 planwill be re-evaluated triennially to determine whether the student continues to beeligible for Section 504 services, whether the accommodations/services areappropriate and the disabled student’s needs are being met as adequately as the needsof the non-disabled students are met. The SST/504 Team may also be convened asneeded, and/or at parent/guardian request to determine whether theaccommodations/services are appropriate, and the disabled student’s needs are beingmet as adequately as the needs of the non-disabled students are met.2. Prior to any significant change in placement, an evaluation of the student’s needs willbe conducted. (Suspension beyond 10 school days in one school year, and expulsion,constitute a “significant change of placement” and thus require an evaluation prior toSFUSD Student, Family and Community Support Department – 2012-2013 School Year 22

any such change. In this circumstance, a Manifestation Determination meeting mustbe held, and this will constitute an evaluation for purposes of the requirement for anevaluation. See Discipline and Section 504 for more information. This does not ruleout the possibility that additional evaluation may be appropriate depending on thecircumstances.)SFUSD Student, Family and Community Support Department – 2012-2013 School Year 23

Notification to Parents/Guardians of Procedural Rights Under Section 5041. The parent/guardian of students being considered for Section 504 eligibility shall begiven the “Notice of Parent and Student Rights Under Section 504” concerning theidentification, evaluation, or educational placement of the student. Parent/guardianconsent shall be obtained in writing prior to the initial evaluation of a student.2. The parent/guardian of a qualified disabled student will be notified in writing of allmeetings concerning the Section 504 plan.3. The parent/guardian of a non-qualified student will be notified in writing about theSST/504 Team’s eligibility determination.4. The parent/guardian of an eligible student with a disability under Section 504 has theright to review relevant records regarding the student. Records may be reviewed atthe school site. Copies of student records may be obtained pursuant to EducationCode Section 49065.5. The parent/guardian shall have the right to a Review Hearing as to SST/504 Teamdecisions concerning the identification, evaluation, or educational placement of thestudent (Appendix 504-6). Parent/guardians must request this review within thirtycalendar days of the date of notification of the District decision at issue.6. A request for a review hearing must be in writing. Parent/guardian making an oralrequest will be assisted by the District in making a written request. A request for ahearing shall contain the following:a. The specific nature of the decision(s) made by the SST/504 Team with which theperson disagrees.b. The specific relief the person seeks.c. Any other information the person believes will assist in understanding the request.7. The review hearing with the parent/guardian and District Resource Team will be heldwithin fourteen days of receiving the request.8. If the disagreement continues, the parent/guardian can request a Section 504 dueprocess hearing which will be conducted by an impartial hearing officer withinSFUSD. The request must be submitted, in writing, to the Office of EquityAssurance, 555 Franklin Street, San Francisco, CA 94102.9. Within twenty calendar days of receipt of a timely written request for hearing, animpartial hearing officer will be selected from within the District, unless such time isextended for good cause or by mutual agreement of the parties.10. The impartial hearing officer selected by the District must satisfy the followingrequirements;SFUSD Student, Family and Community Support Department – 2012-2013 School Year 24

a. Be qualified to review district decisions relating to Section 504.b. Not be an employee of, or under contract with the District in any capacity otherthan that of a hearing officer.c. Not have any professional or personal involvement that would affect his or herimpartiality or objectivity in the matter.11. Within forty-five calendar days of the selection of the impartial hearing officer, thehearing shall be conducted and a written decision mailed to all parties, unless such atime is extended for good cause or by mutual agreement of the parties.12. Any party to the hearing shall be afforded the following rights:a. The right to be accompanied and advised by counsel and by individuals withspecial knowledge or training relating to Section 504 accommodations/services.b. The right to present evidence, written and oral.c. The right to question and cross-examine witnesses.d. The right to written findings of fact, conclusions of law and a decision preparedby the hearing officer.e. The right to a written or electronic verbatim record of the hearing prepared at theexpense of the individual requesting such record.f. The right to prohibit the introduction of evidence at the hearing that has not beendisclosed to the other party or parties at least five calendar days prior to thehearing, except for good cause shown.g. The right to receipt of notice from the other party or parties at least ten calendardays prior to the hearing that they will utilize the services of an attorney, exceptfor good cause shown.13. The impartial hearing officer shall render a decision pursuant to the legal standardsset forth in the 34 C.F.R. Part 104.14. Parents/guardians also have a right at any time to file a complaint with the Office ofCivil Rights. The address of the Regional Office for California is:U.S. Department of EducationOffice of Civil Rights50 Beale Street, Suite 7200San Francisco, CA 94105Telephone (415) 486-5555Fax (415) 486-5570SFUSD Student, Family and Community Support Department – 2012-2013 School Year 25

IV.Using the Section 504 Process Flow Chart and Related FormsThe flow chart on the following page outlines the Section 504 process. Enclosed in the appendixof this resource guide are the four necessary forms that should be used during the various stagesof developing a Section 504 plan. The forms are labeled 504-1, 504-2, etc.1. Either the parent/guardian or school staff will submit a request to the school SST/SAPteam for assistance.2. The SST/SAP with parent/guardian participation will determine whether the student’sneeds may be met through SST interventions.a. If not, the student should be referred for 504 evaluation without delay.(See number 4 below.)b. If so, a SST plan should be developed and implemented for 4-6 weeks.3. After 4-6 weeks, the SST Team will promptly assess whether the SST plan is meetingthe student’s needs.a. If the SST plan is found to be meeting the student’s needs, the SST plan should becontinued, and the SST Team with parent/guardian participation may decide notto pursue a 504 evaluation.b. If the SST plan is found not to be meeting the student’s needs, the SST Team withparent/guardian participation may decide to pursue a 504 evaluation.(See number 4 below.)4. The Site 504 Coordinator will help complete the “Request for Section 504 EvaluationForm” (504-1), obtain parent/guardian signed consent for initial 504 evaluation, andgather documentation such as student records, existing evaluation data, teacherobservations, and any and all information submitted by parent/guardian.5. Once the “Request for 504 Evaluation Form” has signed parent/guardian consent, theSite 504 Coordinator will forward copies of the Request Form and all documentationto the District 504 Coordinator, and consult with the District 504 Coordinator.6. The SST/504 Team must conduct the 504 evaluation and the team must consist of agroup of persons that includes people with knowledge of the student, of evaluationdata, and of placement/service options.7. The Site 504 Coordinator will consult with the District 504 Coordinator to determine,given the issues raised and information presented, whether the SST/504 Team mayneed further expertise to have a properly-constituted group making the eligibilitydetermination. In such case, the District 504 Coordinator will advise as to whatadditional staff may be needed (school psychologist, speech-language pathologist,school district nurse, etc.).8. The Site 504 Coordinator will notify and invite parent/guardian to participate in theSST/504 meeting to evaluate 504 eligibility. It is the practice of SFUSD to provideten days written notice to parent/guardian of any SST/504 meeting.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 26

9. The SST/504 Team, with parent/guardian participation, will consider a variety ofsources for evaluation. If the SST/504 Team believes further assessment is necessaryto determine 504 eligibility, the group may make a referral for this purpose. If so, asubsequent SST/504 meeting will need to be scheduled, with ten days’ written noticeto parent/guardian, to review the results of that assessment, and make a determinationas to eligibility.[Note: If during the SST/504 process, parent/guardian requests an assessment forspecial education services under the IDEA (resulting in an IEP if eligible), schoolsite staff must make the referral without delay. Assessment for special educationservices under the IDEA is a separate and different process.]10. If, after evaluating the student for 504 eligibility, the SST/504 Team determines thatthe student is NOT eligible for Section 504 services and/or accommodations, Site 504Coordinator will provide written notice of this determination to parent/guardian alongwith a copy of parent/guardian rights; place a copy of the notice in the student’scumulative file; and mail a copy to: District 504 Coordinator, School HealthPrograms, 1515 Quintara St., SF, CA 94116. Parent/guardian may request a reviewhearing. (See form 504-6.)11. If, after evaluating the student for 504 eligibility, the SST/504 Team determines thatthe student IS eligible for Section 504 services and/or accommodations, the team willproceed to develop an appropriate 504 Plan, or schedule a subsequent meeting to doso, with ten days written notice to parent/guardian.12. If a subsequent meeting is scheduled for this purpose, school staff will send theParent/Guardian Invitation to Section 504 Meeting (Appendix 504-2) and Notice ofParent and Student Rights (Appendix 504-3) to the parent/guardian.13. Based on information and data from a variety of sources such as student records;observations by staff, parent, and by student if appropriate; assessments; reports;medical information; etc, the group will develop a Section 504 Accommodation Planand/or Section 504 Service Plan (Appendix 504-4) to meet the needs of the studentwith a disability as adequately as the needs of a non-disabled peer are met.14. The Site 504 Coordinator will notify the student’s teacher(s) and other school staff asneeded of the 504 Plan. Staff have a legal obligation to carry out the 504 Plan in full.15. Site 504 Coordinator must place a copy of the signed 504 plan in the cum folder, givea copy to the teacher(s) and to parent/guardian, and send a copy to the District 504Coordinator, School Health Programs, 1515 Quintara, San Francisco, CA 94116.16. Site SST/504 Teams must review its students’ 504 plans on a yearly basis, and reviseas needed. A student’s 504 plan may be reviewed and revised sooner, if needed.17. Eligibility must be re-evaluated every three years.18. A reevaluation of the student's needs must also be conducted before any subsequent“significant change in placement.” Examples of a "significant change in placement"triggering a reevaluation include, but are not limited to, expulsions, suspensions thatexceed more than 10 school days within a school year, or removal from a fullySFUSD Student, Family and Community Support Department – 2012-2013 School Year 27

integrated curriculum to a resource room, home instruction, independent study, orcontinuation school. See Discipline and Section 504 below.19. The District 504 Resource Team will help maintain documentation and monitorcompliance.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 28

SECTION 504 PROCESS – FLOW CHARTREQUEST FOR ASSISTANCE SUBMITTED TO SCHOOL SITE SST OR SAPVIA (SST 1.0) FORMOR VIA WRITTEN PARENT/GUARDIAN REQUEST.SST/SAP INVITES PARENT/GUARDIAN TO SST/SAP MEETINGTO DISCUSS REQUEST FOR ASSISTANCE AND STUDENT NEEDS.Side Note on IDEA Special Education Assessment (IEP)If at any point during the SST/SAP process, or the 504process, a parent/ guardian requests an assessment forspecial education services under the IDEA, school staffmust make a referral for this without delay.Assessment for special education services under the IDEA(resulting in an IEP if eligible) is a separate and differentprocess from evaluation for 504 eligibility.YESSST/SAP INQUIRYDOES IT APPEAR THAT THE STUDENTISSUE(S) PRESENTED CAN BEADDRESSED THROUGH ASST/SAP INTERVENTION PLAN?NOSST/SAP WITH PARENT/GUARDIAN DEVELOPSACCOMMODATION/MODIFICATION PLAN.MONITOR STUDENT PROGRESS UNDER SST/SAP PLANFOR 4-6 WEEKS THROUGH SAP/SST PROCESS.IF, AFTER THAT TIME, SST/SAP PLAN IS MEETINGSTUDENT NEEDS, CONTINUE WITH SST/SAP PLAN.SST/SAP WITH PARENT/GUARDIAN MAY DECIDETHERE IS NO NEED FOR 504 EVALUATION.IF, AFTER THAT TIME, SST/SAP PLAN IS NOT MEETINGSTUDENT NEEDS, SST/SAP WITH PARENT/ GUARDIANPROCEED TO EVALUATE FOR 504 ELIGIBILITY.1. SITE 504 COORDINATOR HELPS COMPLETE REQUESTFOR 504 EVALUATION FORM (504-1); OBTAINS PARENT/GUARDIAN SIGNED CONSENT ON REQUEST FORM.2. GATHERS DOCUMENTATION, E.G. STUDENT RECORDS,EXISTING EVALUATION DATA, TEACHER OBSERVATION,INFORMATION SUBMITTED BY PARENT/ GUARDIAN.3. FORWARDS COPIES OF THE REQUEST FORM AND ALLDOCUMENTATION TO DISTRICT 504 COORDINATOR.4. SENDS PARENT/GUARDIAN AN INVITATION TO SST/504MEETING (504-2) & COPY OF PARENT/STUDENT RIGHTS.5. NOTIFIES APPROPRIATE PERSONNEL OF SST/504 MEETINGTO EVALUATE 504 ELIGIBILITY.6. A DISTRICT 504 RESOURCE TEAM MEMBER MAY JOIN THESITE SST/504 EVALUATION MEETING, IF NEEDED.1. SCHOOL SITE SST/504 TEAM CREATES 504 PLAN (504-4) WITHPARTICIPATION OF PARENT/GUARDIAN AND, AS NEEDED, DISTRICT504 RESOURCE TEAM.2. IF SUBSEQUENT MEETING, SEND PARENT/GUARDIAN INVITATION TOSST/504 MEETING (504-2) & PARENT/STUDENT RIGHTS (504-3).YES504 EVALUATIONSCHOOL SITE SST/504 TEAM* MEETS TOEVALUATE 504 ELIGIBILITY WITHPARENT/ GUARDIAN PARTICIPATION.IS STUDENT ELIGIBLE?1. ONCE 504 PLAN IS COMPLETED AND SIGNED, GIVE COPY TOPARENT/GUARDIAN WITH COPY OF PARENT/STUDENT RIGHTS.2. GIVE COPY OF 504 PLAN TO APPROPRIATE STAFF, AND PLACE ONESIGNED COPY (504-4) IN STUDENT’S CUM FOLDER.3. ALSO SUBMIT A COPY OF SIGNED 504 PLAN TO:SCHOOL HEALTH PROGRAMS, 1515 QUINTARA, SF, CA 94116ATTN: DISTRICT 504 COORDINATOR 504 PLAN MUST BE REVIEWED ANNUALLY AND REVISED ASNEEDED. PLAN MAY BE REVIEWED/REVISED SOONER AS NEEDED. ELIGIBILITY MUST BE RE-EVALUATED EVERY THREE (3) YEARS. DISTRICT 504 RESOURCE TEAM HELPS MAINTAIN DOCUMENTATIONAND MONITOR COMPLIANCE.NO1. 504 PROCESS ENDS.2. WRITTEN NOTICE IS PROVIDED TOPARENT/GUARDIAN THAT STUDENT ISNOT ELIGIBILE AT THIS TIME.3. PLACE COPY OF NOTICE IN CUM FOLDER.4. SUBMIT COPY OF NOTICE TO:SCHOOL HEALTH PROGRAMS,1515 QUINTARA, SF, CA 94116ATTN: DISTRICT 504 COORDINATOR5. PARENT/GUARDIAN MAY REQUEST AREVIEW HEARING (504-6).* The school site SST/504 Team (with support from the District 504 Resource Team, as needed) makes 504 eligibility and services/placement determinations. The SST/504 Team must include persons knowledgeable about (1) the student, (2) the meaning of evaluationdata, and (3) services/ placement options. The eligibility determination must be based on an evaluation. In conducting the evaluation,the SST/504 Team must (1) Draw upon a variety of sources; (2) Establish procedures to ensure that information obtained from allsources is documented and carefully considered. The Team may consider whether there is a need for additional assessment. More thanone SST/504 Team meeting may be necessary. The 504 eligibility determination must occur within a reasonable timeframe.THIS SFUSD 504 PROCESS Student, Family FLOW and CHART Community IS A SUMMARY. Support Department PLEASE – 2012-2013 SEE 504 RESOURCE School Year GUIDE FOR FURTHER INFORMATION. 29

SFUSD Student, Family and Community Support Department – 2012-2013 School Year 30

V. Sample 504/ADA AccommodationsNumerous accommodations and modifications are available for students with disabilities underSection 504 and ADA. An accommodation is an adaptation or adjustment that is supplied forconvenience or because it is needed. A modification is making or offering a limited or minorchange that results in altering the original standards.Focusing on the student’s specific, identified educational needs will help the SST/504 Teamselect the appropriate accommodations/modifications for that particular student, while avoidingothers that are not necessary for FAPE under 504. The goal of FAPE under 504 is to meet thestudent’s educational needs as adequately as the needs of a non-disabled student are met.Where the student’s needs are complex, and numerous accommodations and modifications arenecessary to meet those needs, the Team must take care to select the appropriate ones, and ensurethat they are implemented. It is important to keep in mind that more is not necessarily better.Selecting every possible accommodation, for example, may be done with the best intentions ofhelping the student. However, the use of accommodations or modifications that are notnecessary to meet a student’s identified needs may inhibit the development of the student’sindependence. In addition, it may be cumbersome to implement.The SST/504 Team should gather input from classroom teachers about accommodations,carefully consider evaluation data, thoughtfully deliberate about which accommodations will berequired, and monitor teacher reports after the 504 Plan is created. These efforts will help theTeam keep accommodations limited to what is necessary, and help ensure that overaccommodationdoes not result in a denial of FAPE under 504.The following is a list of common strategies that SST/504 Teams can use as a resource indeveloping an appropriate plan for a particular student.Accommodations to the physical environmentSeat the student near the teacher.Seat the student near someone who will be helpful and understanding.Seat the student in an area free from distraction.Seat the student out of main traffic area.Provide more space for the student to store and use various instructional aids andequipment.Allow the student additional break or rest times.Establish and use learning centers.Arrange classroom to facilitate small group, large group, and peer learningopportunities.Ensure proper desk height and seating comfort.Ensure proper lighting.Ensure that various materials, supplies, and room composition do not result in allergicreactions by student.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 31

Ask parents to structure study time. Give them information about long-termassignments. Encourage teacher to move around the classroom for proximity control.Accommodations for OrganizationHelp student use an assignment notebook or monthly calendar.Allow additional time to complete tasks/take tests.Help student organize notebook or provide a folder to organize work,Help student set time limits for assignment completion; structure is important.Help student set up timeline for completion of long assignments.Question student to help focus on important information.Help highlight the main concepts in student’s books.Ask student to repeat directions before beginning tasks.Accommodations to Instructional MaterialsUse large print materials for low vision students.Use Braille for students who cannot read print.Use high interest, low vocabulary reading materials.Allow student to highlight texts and show how to do it.Use multi-sensory materials.Allow tape-recorded materials.Allow student to use calculator.Use concrete manipulative materials.Provide student with advance organizers.Provide student with advance lecture outline.Provide students with lecture notes.Have spell-check capabilities available for student.Provide student with pretest questions.Accommodations During TestingAllow student to take tests orally.Allow student to use a scribe during testing.Allow student more time during testing.Allow student to break tests into shorter testing sections.Allow student to use spell check or dictionary.Allow student to tape record answers.Allow student to provide answers orally.Use different test formats (essay, short answer, objective).Shorten length of test.Use simple directions.Use instructional aids to facilitate testing.Allow student to take test in a quiet area.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 32

Accommodations to Instructional Method and PresentationUse peer tutoringUse peer buddiesProvide note-takersUse graphic organizersUse study guidesAllow student to use tape recorderUse multi-sensory instructional materialsUse audio-visual resourcesUse computer and computer programsUse simple directionsProvide short term feedback for studentsTeach and reinforce study skillsBreak long assignments into multiple, short assignments to facilitate closermonitoring and feedbackProvide extensive feedback and monitoringUse culturally sensitive materialsUse low vocabulary/high interest materialsUse flexible homework criteria for different studentsUse a homework assignment bookUse materials that are age and developmentally appropriateProvide photocopies of teacher’s notesStress auditory, visual, kinesthetic mode of presentationRecap or summarize the main ideas of the lectureUse verbal cues to help student organize notes such as “The next important step is…”Avoid embarrassing student by requiring him/her to read orally in class (unlessstudent can be successful.)Encourage student to ask for assistance when needed.Be aware of possible frustrations.Reinforce appropriate participation in class.Use nonverbal communication to reinforce appropriate behavior.Develop and maintain regular school-home communication.Encourage development and sharing of special interests.Use memory devices to help student remember facts and concepts.Accommodations to CurriculumHelp provide supplementary materials that student can read.Provide partial outlines of chapters, study guides, and testing outlines.Provide opportunities for extra drill before tests.Reduce quantity of materials. (Shorten spelling and vocabulary lists.)Provide alternative assignments that don’t require writing.Allow student to print.Supply student with samples or work expected.Encourage good quality of work and not quantity.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 33

Use worksheets that are visually clear and adequately spaced.Allow student to have sample tests.Give oral quizzes.Provide extra assignments/test time if necessary.Make sure assignments are started correctly in class.Accommodations to HomeworkGive student more time to complete homeworkAllow student to complete assignments using a tape recorderModify the amount of homework.Tape-record the homework assignment for the student.Write the homework assignment on the board for the student.Use a homework assignment notebook to communicate with the parents.Repeat homework assignments.Use variable grading scales.Give homework assignment for one week at a time rather than one day at a time.Use peer grading in homework assignments.Use peer buddies in homework assignments.Accommodations Addressing Specific BehaviorsListed below are examples of accommodation for particular behaviors that schools may wish touse in developing a plan to address a student’s needs.When You See This Behavior1. Difficulty following a plan (hashigh aspirations, but lacksfollow-through) set out to getstraight A’s, end up with F (setsunrealistic goals).2. Difficulty sequencing andcompleting steps to accomplishspecific tasks (e.g., writing bookreports, term papers, organizedparagraphs, solving divisionproblems).Consider This AccommodationAssist student in setting long-range goals; break thegoal into realistic parts.Use a questioning strategy with the student: ask,“What do you need to be able to do this?” Keepasking that question until the student has reached anobtainable goal.Have student set clear timelines, and establish howmuch time he or she needs to accomplish each step.(Monitor student’s progress frequently).Break up task into workable and manageable steps.Provide examples and specific steps to accomplishtask.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 34

When You See This Behavior3. Shifting from one uncompletedactivity to another withoutclosure.4. Difficulty following through oninstructions from others.5. Difficulty prioritizing from mostto least important.6. Difficulty sustaining effort andaccuracy over time.7. Difficulty completingassignments.8. Difficulty with any task thatrequires memory.Consider This AccommodationDefine the requirements of a completed activity (e.g.,your math is finished when all six problems arecompleted and corrected; do not begin on the nexttask until the first task is finished)Gain student’s attention before giving directions.Use alerting cues. Accompanying oral directionswith written directions.Give one direction at a time. Quietly repeat directionto the student after they have been given to the rest ofthe class. Verify understanding by having the studentrepeat the direction.Do not present the command as a question or favor.Place general methods of operations and expectationson charts displayed around the room and/or sheets tobe included in the student’s notebook.Make work cards.Prioritize assignments and activities.Provide a model to help students. Post the model andrefer to it often.Reduce assignment length and strive for quality(rather than quantity).Increase the frequency of positive reinforcements(catch the student doing right and let him/her knowit).List and/or post (and say) all steps necessary tocomplete each assignment.Reduce the assignment into manageable sections withspecific due dates.Make frequent checks for work assignmentcompletion.Arrange for the student to have the phone number ofa “study buddy” in each subject area.Combine seeing, saying, writing, and doing; studentmay need to sub-vocalize to remember.Teach memory techniques as a study strategy (e.g.,mnemonics, visualization, oral rehearsal, numerousrepetitions)9. Difficulty with test taking. Allow extra time for testing; teach test-taking skillsand strategies; allow student to be tested orally. Useclear, readable, and uncluttered test forms. Use a testformat that the student is most comfortable with.Allow ample space for student response. Considerhaving short answer tests.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 35

When You See This Behavior10. Confusion from non-verbal cues(misreads body language, etc.)11. Confusion from written material(difficulty finding main ideafrom a paragraph, attributesgreater importance to minordetails).12. Confusion from spoken material,lectures and audiovisual material(difficulty finding main ideafrom presentation, attributes toomuch importance to minordetails).13. Difficulty sustaining attention totasks or other activities (easilydistracted by extraneous stimuli).14. Frequent messiness orsloppiness.Consider This AccommodationDirectly teach (tell the student) what non-verbal cuesmean. Model and have student practice reading cuesin safe setting.Provide student with copy of reading material withmain ideas underlined or highlighted.Provide an outline of important points from readingmaterial.Teach outlining, main idea/details concepts.Provide tape of text/chapter.Provide student with a copy of presentation notes.Allow peers to share copies of notes frompresentation. (Have student compare own notes withcopy of peer’s notes).Provide framed outlines of presentations (introducingvisual and auditory cues to important information).Encourage use of tape recorder.Teach and emphasize key words (the following, themost important point, etc.)Reward attention. Break up activities into smallunits. Reward for timely accomplishments.Use physical proximity and touch. Use earphonesand/or study carrels, quiet place or preferentialseating.Teach organizational skills. Be sure student hasdaily, weekly, and monthly assignment sheets: list ofmaterials needed daily; and consistent format forpapers. Have a consistent way for students to turn inand receive back papers. Reduce distractions.Give reward points for notebook checks and properpaper format.Provide clear copies of worksheets and handouts andconsistent format for worksheets. Establish dailyroutine; provide models for what you want thestudent to do.Arrange for peer who will help him/her withorganization.Assist student to keep materials in a specific place(e.g., pencils and pen in pouch).Be willing to repeat instruction.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 36

When You See This Behavior15. Poor handwriting (often mixingcursive with manuscript andcapitals lower-case letter).16. Difficulty with fluency inhandwriting (e.g., goodletter/work production but veryslow and laborious).17. Inappropriate responses in classoften blurted out answers givento the questions before they havebeen completed.18. Agitation under pressure andcompetition (athletic oracademic).19. Inappropriate behaviors in a teamor large group sport or athleticactivity (difficulty waiting turn ingames or group situations).20. Frequent involvement inphysically dangerous activitieswithout considering possibleconsequences.21. Poor adult interactions; defiesauthority; manipulates (passive);hangs on.Consider This AccommodationAllow for scribe and grade content, not handwriting.Allow for use of computer.Consider alternative methods for student response(e.g., tape recorder, oral reports).Do not penalize student for mixing cursive andmanuscript (accept any method of production).Allow for shorter assignments. (Emphasize qualityover quantity).Allow alternate method of production (computer,scribe, oral presentations. etc.)Seat student in close proximity to teachers so that theteachers can do visual and physical monitoring ofstudent behavior.State behavior that you do want (tell the student howyou expect him/her to behave).Stress effort and enjoyment for self, rather thancompetition with others.Minimize timed activities; structure class for teameffort and cooperation.Give the student a responsible job (e.g., team captain,care and distribution of the balls, score-keeping);consider leadership role.Have student in close proximity to teacher.Anticipate dangerous situations and plan in advance.Stress Stop-Look-Listen.Pair with responsible peer. (Rotate responsiblestudents so that they don’t burn out).Provide positive attention.Talk with student individually about theinappropriate behavior (a better way of getting whatyou need or want is…).SFUSD Student, Family and Community Support Department – 2012-2013 School Year 37

When You See This Behavior22. Frequent self-put-downs, poorpersonal care and posture,negative comments about selfand others, low self-esteem.23. Difficulty using unstructuredtime, recess, hallways,lunchroom, locker room, libraryand assembly.24. Losing things necessary for taskor activities at school or at home(e.g., pencils, books, assignmentsbefore, during, and aftercompletion of a given task).Consider This AccommodationStructure for success. Train student for selfmonitoring,reinforce improvements, teach selfquestioningstrategies (What am I doing? How is thatgoing to affect others?)Allow opportunities for the student to show his/herstrengths.Give positive recognition.Remain calm, state infraction of rule, and don’tdebate or argue with student.Have a pre-established consequence for misbehavior.Administer consequences immediately and monitorproper behavior frequently.Enforce rules of the classroom consistently.Design discipline to “fit the crime,” withoutharshness.Avoid ridicule and criticism. Remember ADHDchildren have difficulty staying in control.Avoid publicly reminding students on medication to“take their medicine.”Reward more than you punish in order to build selfesteem.Praise all good behavior immediately.Change rewards if not effective in motivatingbehavioral change.Find a way to encourage the child.Teach the child to reward him/herself. Encouragepositive self-talk (e.g. “You did very well remainingin your seat today. How do you feel about that?”).This encourages the child to think positively abouthim/herself.Check ins/Check outsProvide student with a definite purpose duringunstructured activities. (e.g. “The purpose of going tothe library is to check out…; The purpose of…is…”)Encourage group games and participation (organizedschool clubs and activities).Help students organize. Frequently monitornotebook and dividers, pencil pouch, locker, bookbag, desks. (Emphasize a place for everything andeverything in its place.)Provide positive reinforcement for good organization.Provide student with a list of needed materials andtheir locations.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 38

When You See This Behavior25. Poor use of time (sitting, staringoff into space, doodling, notworking on task at hand).Consider This AccommodationTeach reminder cues (a gentle touch on the shoulder,hand signal, etc.).Tell the student your expectations of what payingattention looks like. (e.g. You look like you arepaying attention when…)Give the student a time limit for a small unit of workwith positive reinforcement for accurate completion.Use a contact, time, etc., for self-monitoring.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 39

VI. Discipline and Section 504OverviewStudents served under Section 504 are treated similarly to students served under IDEA withrespect to discipline. School rules and standards apply to disabled students as they apply to nondisabledstudents. However, under Section 504 and/or the IDEA, certain procedural safeguardsapply when it comes to discipline for a student with a disability.Questions and AnswersThe following summarizes some important considerations when addressing discipline for aviolation of a school code of conduct and students protected by Section 504 and/or the IDEA.(The same policies and procedures relating to discipline of students with IEP’s under the IDEAmay be applied to students with 504 Plans.)Disciplinary procedures for students under Section 504 are similar to those underIDEA. Following the disciplinary procedures that apply to students with IEP’s underthe IDEA helps to ensure that a student with a 504 Plan is afforded the appropriateprocedural safeguards under Section 504.Students may not be suspended for more than 5 consecutive school days. If the decision to suspend the student means that the student will have more than 10days (consecutive or cumulative) of suspension during one school year, this willconstitute a “significant change in placement” under Section 504, which triggersprocedural safeguards.A manifestation determination must be conducted as required by law.For example, the decision to refer for expulsion is a decision to remove the studentfor more than 10 consecutive or cumulative school days during the school year.A manifest determination must be held within 10 school days of the decision to referfor expulsion (Appendix 504-5). The manifestation determination must be held by agroup of persons knowledgeable about the student, including parent/guardian. Thegroup will determine whether the student’s conduct was a manifestation of thestudent’s disability. (Contact your school’s psychologist immediately for assistancewith the manifestation determination process. He or she can provide you withdirection appropriate to the circumstances.)If the manifest determination finds that there is a direct causal relationshipbetween the disability and the behavior, then the student may NOT besuspended or expelled; the SST/504 Team should consider theappropriateness of the current 504 Plan. It should conduct a functionalbehavioral assessment (FBA) and develop a behavior support plan (BSP), orreview and revise as needed an existing BSP.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 40

If the manifest determination shows no direct causal relationship betweenthe disability and the behavior, then the student may be disciplined as ageneral education student would be under similar circumstances.While IDEA students who are expelled must continue to receive FAPE, 504 studentsdo not have to be provided with FAPE during expulsion.Students currently engaged in drug or alcohol abuse are not protected under Section504. The Gun-Free Schools Act applies to students covered under IDEA and Section 504.Under Section 504 and IDEA, a student with a disability may be expelled only if agroup of persons knowledgeable about the student determines that the bringing of agun to school was not a manifestation of the student’s disability.A student with a 504 plan or IEP under the IDEA may be placed on a 45-school-dayinterim placement under the “special circumstances” of possession of a qualifyingweapon (a gun is one type of qualifying weapon), possession of drugs, or causingserious bodily injury. (“Serious bodily injury” is a legal term with a high standard.)Contact Pupil Services immediately for assistance if you think “specialcircumstances” may apply to a disciplinary situation you are facing.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 41

VII.SFUSD Section 504 Grievance ProcedurePurposeThe San Francisco Unified School District (District) does not discriminate on the basis ofdisability in any of its policies, procedures, programs, or practices. This nondiscriminationprocedure covers admission and access to District facilities and programs, and in employment inthe District.It is desirable that problems and complaints of alleged discrimination on the basis of disabilitybrought by students, employees, parents, or other members of the community be resolved in aprompt and equitable manner. If possible such problems and complaints should be resolved in aninformal manner as provided herein.Retaliation in any form for the filing of a grievance, the reporting of instances of discrimination,or any participation in the grievance procedure is prohibited. Such participation shall not in anyway affect the status, grades, or work assignments of the complainant.DefinitionsGrievance – A grievance shall mean the filing of a written complaint with the responsible districtofficial alleging that there has been an act of discrimination on the basis of disability asprohibited by Section 504 of the Rehabilitation Act of 1973, in the District’s education programor activities, including employment therein and admission thereto. The grievance shall state thenature of the Section 504 violation with sufficient specificity to allow for suitable response.Complainant – An individual(s) who brings either a formal or informal complaint of allegeddiscrimination governed by Section 504 of the Rehabilitation Act of 1973. A complainant whobrings a complaint shall be informed that the complaint must be presented as a written complaint.As appropriate, staff will assist those who have difficulty writing a complaint. A complainantmay be:1. An employee of the District; an employee group; or an individual or group acting onthe employee’s behalf with written consent.2. A student; a parent/guardian acting on the student’s behalf; a student group; orindividuals or groups acting on a student’s behalf with written consent.3. Any other interested individual or group alleging discrimination under Section 504 inDistrict programs or practices.Section 504 Grievance ProceduresWhen a complainant files a complaint against the District for discrimination, the followingprocedures will be followed in the handling of such complaint. A complainant will be provideda copy of these procedures when the complaint is filed with the District.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 42

Level One: The complainant will first meet with the person immediately involved (e.g. theteacher) in an attempt to informally resolve the complaint. If the complaint is not resolved as aresult of that meeting, or if the complainant wishes to bypass the first level, the complainant shallfile a grievance. A grievance is a written complaint that states the nature of the alleged 504violation with sufficient specificity to allow for a suitable response.Level Two: The grievance shall be filed in writing with the school site SST chairperson orprincipal. The complainant shall meet with the appropriate school site representative to discussthe grievance and attempt to informally resolve the complaint. The representative will respondto the complainant in writing within 10 working days, unless extended by consent of thecomplainant, setting forth the representative’s findings and/or any resolution of the grievanceagreed to between the parties.Level Three: In the event that a grievance has not been satisfactorily resolved at Level Two, thegrievance will be forwarded to the District Section 504 Coordinator and the complainant willmeet with the District Coordinator. Every reasonable attempt will be made to resolve thecomplaint in a manner acceptable to all parties. The District Coordinator shall respond to thecomplainant in writing within 10 working days of receipt by the District Coordinator, unlessextended by consent of complainant.The District Coordinator shall conduct any investigation necessary to resolve the grievanceincluding discussion with the complainant, the person(s) against whom the complaint is filed,appropriate staff members, students and others, and review all relevant documents. In the eventthat the investigation necessitates contacting parties other that the complainant and the personsagainst whom the complaint is filed, the District Coordinator may designate up to 10 additionalworking days for investigation of the grievance. If the District Coordinator designates additionalworking days for investigation of the grievance, the District Coordinator will notify thecomplainant of this in writing on or before the original 10 working day deadline.Level Four: In the event that the District Coordinator is unable to resolve the complaint, thecomplainant shall contact the SFUSD Equity Assurance Office.Additional Notes on the Section 504 Grievance ProcedureFailure to exhaust remedies at each level, or follow specified timelines, may be considered anabandonment of the grievance. In the event the District fails to provide written findings at anystep within the time limits prescribed, the complainant shall have the right to proceedimmediately to the next level.In the event the complaint is against the individual responsible for following the grievanceprocedure at any level, the complainant can address the grievance directly to the next level.If the nature of the complaint is governed by another District policy or procedure, the school siterepresentative will assist the complainant to file a complaint under the appropriate procedure.SFUSD Student, Family and Community Support Department – 2012-2013 School Year 43

The existence of this District grievance procedure does not affect the right of an individual orgroup to file a federal complaint directly with the Office for Civil Rights Department ofEducation. The address of the Regional Office for California is:U.S. Department of EducationOffice of Civil Rights50 Beale Street, Suite 7200San Francisco, CA 94105Telephone (415) 486-5555Fax (415) 486-5570SFUSD Student, Family and Community Support Department – 2012-2013 School Year 44

Required FormsAPPENDIX1. Request for Section 504 Evaluation ................................................... 504-12. Parent/Guardian Invitation to Section 504 Meeting ........................... 504-23. Notice of Parent/Guardian and Student Rights .................................. 504-34. Section 504 Eligibility Determination Form andfor use as applicable, 504 Service/Accommodation Plans ................. 504-4Other Forms5. Section 504 Manifestation Determination .......................................... 504-56. Request for 504 Review Hearing ....................................................... 504-6SFUSD Student, Family and Community Support Department – 2012-2013 School Year 45

REQUEST FOR SECTION 504 EVALUATIONSAN FRANCISCO UNIFIED SCHOOL DISTRICTSTUDENT, FAMILY AND COMMUNITY SUPPORT DEPARTMENTDate Received byDistrict 504 Coordinator:Date Request Submitted to School:504 Evaluation Requested by: (Name & Relationship to Student—e.g. parent, teacher, etc.)Student's Name Address Zip Code TelephoneH0 Number Date of Birth Primary Language Grade Level Parent/Guardian NameSchool Name Name of School Site 504 Coordinator Three Digit School ID1. Describe the nature of the suspected mental or physical impairment: (Definitions on reverse.)2. State what major life activity that is thought to be substantially limited (can be more than one): (Definitions on reverse.)3. Describe how the suspected impairment may substantially limit the above major life activity/-ies: (Definitions on reverse.)4. List any current site accommodations and/or services that are in place:5. Please attach COPIES of supporting documents, as applicable, in the following order:1. Documentation of Impairment (e.g. medical reports, psychological reports) 5. Academic Progress Reports2. SST Summary Forms 2.0, 2.0a (not required for physical impairment) 6. Current Grades & Scholarship Records3. All Prior Assessment Reports 7. Test Scores4. Attendance Records 8. Other: _________________________School Administrator Signature (REQUIRED) DATE I provided parent/guardian with a copy of theNotice of Parent/Guardian/Student 504 Rights.Parent Signature (REQUIRED)DATEIn signing above, I consent to my child being evaluated forSection 504 eligibility. I have been given a copy of my rights.School Site:Please promptly send this completed and signed form, with copies of all supporting documents, to:District 504 Coordinator, School Health Programs, 1515 Quintara, SF, CA 94116.For Use by District 504 Resource Team (for guidance to School Site 504 Coordinator, School Site SST/504 Team) School Site SST/504 Team is recommended to conduct 504 evaluation and, if appropriate, develop 504 Plan -or- AUGMENTED School Site SST/504 Team is recommended to conduct 504 evaluation and, if appropriate, develop 504 Plan.Include the following staff in AUGMENTED Team__________________________________________________________OTHER RECOMMENDATIONS________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________SIGNATURE of District 504 Resource Team Member DATE PRINT Name of District 504 Resource Team MemberSFUSD Student, Family and Community Support Department – 2012-2013 School Year Form 504-1

SFUSD Student, Family and Community Support Department – 2012-2013 School Year Form 504-1

Definitions under Section 504REQUEST FOR SECTION 504 EVALUATIONSAN FRANCISCO UNIFIED SCHOOL DISTRICTSTUDENT, FAMILY AND COMMUNITY SUPPORT DEPARTMENTThe student must have a mental or physical impairment that substantially limits a major life activity.Physical or Mental ImpairmentA “physical or mental impairment” is defined as:(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more ofthe following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speechorgans; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or(B) Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional ormental illness, and specific learning disabilities.Additional examples, diseases, and conditions include: orthopedic; visual, speech and hearing impairments; cerebralpalsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; and diabetes.The list of impairments is not intended as exhaustive of all diseases and conditions that may constitute a physical ormental impairment. A disease or condition not specifically listed may nonetheless constitute a physical or mentalimpairment under Section 504. Determinations must be made on an individualized case-by-case basis.Major Life ActivityThe second part of the definition relates to the impact of the disability or condition on a “major life activity.”Section 504 defines a “major life activity” as: “…functions such as caring for one's self, performing manual tasks,walking, seeing, hearing, speaking, breathing, learning and working.” Additional examples of major life activitiesinclude sleeping, standing, lifting, bending, reading, concentrating, thinking and communicating.Major bodily functions are also considered major life activities such as the functions of the immune system, normal cellgrowth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.The list is not exclusive and an activity or function not specifically listed can nonetheless be a major life activity.Substantially LimitsNot all impairments affect an individual in a major life activity such that they are substantially limited. An individualwith a disability is someone who, due to an impairment, is substantially limited in performing a major life activity ascompared to most people in the general population. An impairment need not prevent or severely restrict the individualfrom performing a major life activity to be considered a disability. While the limitation imposed be important, it neednot rise to the level of severely or significantly restricting the ability to perform a major life function.Determination of whether an individual is experiencing substantial limitation in performing a major life activity is acommon sense assessment based on comparing an individual’s ability to perform a specific major life activity (whichcould include a major bodily function) with that of most people in the general population. The comparison between theindividual and “most people” should be based on a common-sense approach that does not require an exacting orstatistical analysis.This is a summary. For further information, please see the Section 504 Resource Guide.SFUSD Student, Family and Community Support Department – 2012-2013 School Year Form 504-1

San Francisco Unified School DistrictParent/GuardianInvitation to Section 504 MeetingStudent Name:HO#:School:Purpose of the 504 Meeting: Section 504 Meeting (Initial Eligibility Determination. If eligibility is found, the meetingwill also determine the accommodations and/or services needed for your child to access anequal education, and develop a 504 Plan. ) Section 504 Annual Review Meeting (Annual review of your child’s existing 504 Plan and,if necessary, revision of that Plan.) Section 504 Meeting (Triennial Reevaluation. Periodic re-evaluation is required underSection 504. The 504 Team, with your participation and input, will re-evaluate whetheryour child continues to meet eligibility criteria under Section 504. If so, the 504 Team willreview your child’s existing 504 Plan and, if necessary, revise that Plan.)............................................................................................................................................................Dear(Parent/Guardian)DateYou are invited to attend a Section 504 meeting (Section 504 of the Rehabilitation Act of 1973)for your child, _______________________. The purpose of this meeting is noted above.You are highly encouraged to attend this meeting. If you wish, you may bring a friend or advisorto the meeting.Proposed Meeting Date:Proposed Location:Time:Telephone:If you have questions or wish to request a different date/time, please contactEnclosed for your review is a Notice of Parent/Guardian Rights under Section 504.SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-2

Notice of Parent/Guardian and Student Rights UnderSection 504 and the Americans with Disabilities Act (ADA)Section 504 of the Rehabilitation Act and the Americans with Disabilities Act provideprotections and/or services for students identified as having a disability as defined by the acts.1. Parents/Guardians/Students have the right to be informed by the school district of theirrights under Section 504 and the Americans with Disabilities Act.2. Your child has the right to an appropriate education designed to meet his or herindividual needs as adequately as the needs of non-disabled students are met.3. Your child has the right to free educational services except for those fees that areimposed on non-disabled students or their parents. Insurers and similar third parties arenot relieved from an otherwise valid obligation to provide or pay for services providedto disabled students.4. Your child has a right to facilities, services, and activities that are comparable to thoseprovided for non-disabled students.5. Your child has a right to an evaluation prior to an initial 504 placement and anysubsequent significant change in placement. Parent/guardian signed written consentshall be obtained prior to the initial evaluation of a student.6. Testing and other evaluation procedures must conform to the requirements of 34 CFR104.35 as to validation, administration, areas of evaluation, etc. The district shallconsider information from a variety of sources, including aptitude and achievementtests, teacher recommendations, physical condition, social and cultural background andadaptive behavior.7. Placement decisions must be made by a group of persons including personsknowledgeable about your child, the meaning of evaluation data, the placement options,and the legal requirements for least restrictive environment and comparable facilities.8. If eligible under 504, your child has a right to periodic reevaluations, generally everythree years.9. You have the right to notice prior to any action by the district in regard to theidentification, evaluation, or placement of your child.10. You have the right to examine relevant records.11. You have the right to a District 504 Review Hearing with respect to the district’sactions regarding your child’s identification, evaluation, or educational placement, withopportunity for parental participation in the hearing.SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-3

12. You have the right to be accompanied and advised by counsel and by individuals withspecial knowledge or training relating to Section 504 accommodations/services.13. If you wish to challenge the actions of the SST/504 Team in regard to your child’sidentification, evaluation, or educational placement, you should file a written Requestfor District 504 Review Hearing to the District 504 Coordinator, Student, Family andCommunity Support Department, School Health Programs, 1515 Quintara, S.F., 94116,within 30 calendar days from the time you receive written notice of the SST/504 Teamdetermination/action that is at issue.14. On 504/ADA matters other than your child’s identification, evaluation, and placementyou have a right to file a complaint with the District’s Office of Equity Assurance, 555Franklin Street, San Francisco, CA 94102. The office will investigate the allegations tothe extent warranted by the nature of the complaint in an effort to reach a prompt andequitable resolution.15. You also have a right to file a complaint with the Office of Civil Rights. The address ofthe Regional Office for California is:U.S. Department of EducationOffice of Civil Rights50 Beale Street, Suite 7200San Francisco, CA 94105Telephone (415) 486-5555Fax (415) 486-5570I received a copy of these rights.Parent/Guardian Signature:Date:School Representative:Date:SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-3

Section 504 Eligibility Determination FormUse this form for initial eligibility determinations and for re-evaluations.(Prior to initial evaluation written parent/guardian consent must be obtained. Form 504-1 may be usedfor this purpose.)Date of Meeting:School of Attendance:Student & Parent/Guardian Information:Student: Birth Date: Male/Female (circle) Grade:Address: City: Zip:Mother: Father Guardian:Home Phone:____________________ Cell Phone:___________________ HO#_________________________List SST/504 Meeting Participants: Section 504 requires that “a group of persons, including personsknowledgeable about the child, the meaning of evaluation data, and placement options” make eligibility andplacement/services decisions for students. List name & role (e.g. parent, teacher, principal…) of participants.Name & Role__________________________________________________________________________________________________________________________________________________________________________________________________________________Name & Role__________________________________________________________________________________________________________________________________________________________________________________________________________________Information/Sources Considered in Making the Eligibility Determination:E.G. medical records, letters from doctors or health care plans; school records; observations of teachers,paraprofessionals, school administration, school counselors, parents/guardians, and where appropriate, from thestudent. This list is not exhaustive. Other sources may include information gathered from a discussion betweenthe school district’s nurse and the student’s doctor, assessment by district staff or other professional, and more.List the Information/Sources Considered:1. _________________________________2. _________________________________3. _________________________________4. _________________________________5. _________________________________6. _________________________________7. _________________________________8. _________________________________9. _________________________________10. _________________________________SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

Section 504 Eligibility Inquiry: “Does student have a physical or mental impairment that substantially limitsone or more major life activities?” This breaks down into two questions, below, for the group to answer.Mental or Physical Impairment: (Document discussion here, including reasoning and what sources ofinformation were considered. Attach an extra sheet of paper if needed.)Describe the nature of the suspected mental or physical impairment.1. Question One: Does the student have a mental or physical impairment?Team Conclusion: Yes NoMajor Life Activity and Substantial Limitation. (Document discussion here, including reasoning and whatsources of information were considered. Attach an extra sheet of paper if needed.)State what major life activity is thought to be substantially limited. (Can be more than one.)Describe how the suspected impairment may substantially limit the above major life activity/-ies.2. Question Two: Does the impairment(s) substantially limit one or more major life activities?Team Conclusion: Yes NoSFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

If both 504 questions 1 & 2 above were answered “yes,” then the student is eligible for a Section 504 Planto provide accommodations and/or services.The SST/504 Team analysis of the eligibility questions indicates: (CHECK ONE)The student is not eligible for services/accommodations under Section 504, and willcontinue to receive general education and any available general education resources and programs.The student is eligible under Section 504 and will receive a 504 Plan.The SST/504 Team should continue on now to develop the 504 Plan appropriate for the student, orschedule a subsequent meeting for this purpose.The SST/504 Team has determined that the student requires: Section 504 Accommodation Plan Section 504 Service Plan Both(Re-evaluation) The student remains eligible under Section 504 and will receive anupdated 504 Plan.(Re-evaluation) The student is no longer eligible under Section 504 and is exited fromthe program. Student will receive general education without Section 504.Signatures of ParticipantsI agree with the 504 Eligibility Determination as noted above:Role / Title Name Signature DateParent / GuardianStudent (if present)AdministratorNotice of Parent/Guardian & Student Rights given to: ______________ on: _______ by: ______________1. Place a copy of this 504 Eligibility Determination in the student’s cum file.2. Send a copy of this 504 Eligibility Determination to:District 504 Coordinator, Student, Family and Community Support Department, School Health Programs,1515 Quintara, SF, CA 94116If Parent/ Guardian Disagrees: I do not agree with the 504 Eligibility Determination as noted above, and I have received a copy of myParent/Guardian rights including the right to request a Review Hearing within 30 calendar days.Parent/Guardian Signature_______________________________ Date_______________SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

SECTION 504 SERVICE PLAN(Complete only if services are required)Regular EducationServicesHealth ServicesType Frequency DurationMin / PeriodBeginMo / YrEndMo / YrTransportationOther504 Services Plan Start Date: 504 Services Plan One-Year Review Date:Signatures of ParticipantsI agree with the services as noted above in this 504 Plan:Role / Title Name Signature DateParent / GuardianStudent (if present)AdministratorNotice of Parent/Guardian & Student Rights given to: ______________ on: _______ by: ______________1. Place a copy of this 504 plan in the student’s cum file.2. Send a copy of this 504 plan to:District 504 Coordinator, Student, Family and Community Support Department, School Health Programs,1515 Quintara, SF, CA 94116If Parent/ Guardian Disagrees: I do not agree with services as noted above, and I have received a copy of my Parent/Guardian rightsincluding the right to request a Review Hearing within 30 calendar days.Parent/Guardian Signature_______________________________ Date_______________SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

SECTION 504 ACCOMMODATION PLAN(Complete only if accommodations are required)In accordance with Section 504 guidelines, the school staff will make reasonable accommodations and address the student’s individualneeds by:Lesson Presentation: pairing students to check work writing key points on the board providing peer tutoring providing visual aides providing peer note taker making sure directions are understood breaking longer presentations into shorter segmentsAssignments/Worksheets: giving extra time to complete tasks simplifying complex directions handing worksheets out one at a time reducing the reading level of the assignments requiring fewer correct responses to achieve grade allowing student to tape record assignments/homework allowing typewritten or computer printed assignmentsTest Taking: allowing open book tests giving test orally giving take home tests allowing student to give test answers on tape administering test in separate areaBehavior: praising specific behaviors using self-monitoring strategies giving extra privileges and rewards keeping classroom rules simple and clear cueing student to stay on task (nonverbal signals) marking student’s correct answers, not his/her mistakes implementing a classroom behavior management system having child review key point orally teaching through multi-sensory modes using computer-assisted instruction providing written outline allowing student to tape record lessons reducing homework assignments not grading handwriting giving frequent short quizzes and avoiding long tests shortening assignments: breaking work into smallersegments allowing extra time for test read test item to student using more objective items (fewer essay response) given frequent short quizzes, not long tests allowing student time out of seat to run errands, etc. ignoring inappropriate behaviors not drastically outside ofclassroom limits allowing legitimate movement contracting with the student increasing the immediacy of rewards making “prudent use” of negative consequencesSFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

Special Considerations: suggesting parenting program(s) monitoring student closely on field trip(s) in-servicing teacher(s) on child’s disability providing social skills group experiences as availablePhysical Arrangement of Room: seating student near teacher seating student near a positive role model standing near the student when giving directions or presentinglessons increasing the distance between the desks developing intervention strategies for transitional periods alerting bus driver suggesting community involvementOther:504 Accommodation Plan Start Date: 504 Accommodation Plan One-Year Review Date:Signatures of ParticipantsI agree with the accommodations as noted above in this 504 Plan:Role / Title Name Signature DateParent / GuardianStudent (if present)AdministratorNotice of Parent/Guardian & Student Rights given to: ______________ on: _______ by: ______________1. Place a copy of this 504 plan in the student’s cum file.2. Send a copy of this 504 plan to:District 504 Coordinator, Student, Family and Community Support Department, School HealthPrograms, 1515 Quintara, SF, CA 94116If Parent /Guardian Disagrees: I do not agree with accommodations as noted above, and I have received a copy of my Parent/Guardianrights including the right to request a Review Hearing within 30 calendar days.Parent/Guardian Signature_______________________________ Date_______________SFUSD Student, Family and Community Support Department– 2012-2013 School Year Form 504-4

San Francisco Unified School DistrictSection 504 Manifestation DeterminationStudent School GradeParent /GuardianManifestation Determination Meeting DateMeeting Participants: (Section 504 regulations require that “a group of persons, including personsknowledgeable about the child, the meaning of evaluation data, and placement options” make eligibility andplacement decisions.) Please list the name & role (e.g. parent, teacher, principal…) of each meeting participant.Name & Role________________________________________________________________________________________________________________________________________________________________________Name & Role________________________________________________________________________________________________________________________________________________________________________Notice of Rights under Section 504 provided to parent/guardian/adult student on:by:Describe specifically the behavior that caused referral for disciplinary action, up to and including expulsion:1. Was the above behavior directly caused by the disability under Section 504? Yes NoExplain why or why not:Parent/Guardian/Adult Student: Agrees Disagrees2. Was the behavior the direct result of a failure to implement student’s Section 504 Plan? Yes NoExplain why or why not:Parent/Guardian/Adult Student: Agrees Disagrees3. As a result of the above determination, disciplinary action (up to and including expulsion)…may proceed. may not proceed.Signature Title / Role DateSFUSD Student, Family and Community Support Department–2012-2013 School Year Form 504-5

Date: ____________________San Francisco Unified School DistrictRequest for District 504 Review HearingI am the parent/guardian of _______________________________________, who attends______________________ school.I hereby request a review hearing on the following issue(s): Identification Assessment/ Evaluation Eligibility 504 Accommodation/ Service Plan Manifestation Determination/DisciplineThe parent/guardian has a right to a review hearing to resolve disagreements relating to assessment needs,eligibility, program placement, related services and accommodations and issues related to discipline(relationship of behavior to disability, appropriateness of placement).A request for a review hearing must be filed in writing with the District Section 504 Coordinator within 30 daysof the date of the Section 504 disposition letter. The request must contain the following:a. The specific nature of the decision(s) made by the school site SST/504 Team with which theperson disagrees.b. The specific relief the person seeks.c. Any other information the person believes will assist in understanding the request.Parent/ Guardian SignatureDateSubmit Request To:District Section 504 CoordinatorStudent, Family and Community Support DepartmentSchool Health Programs1515 Quintara StreetSan Francisco, CA 94116SFUSD Student, Family and Community Support Department – 2012-2013 School Year Form 504-6

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