The purpose of this procedure is to assist district personnel in complying with the requirements of
Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act
(ADA). In general, students with disabilities who qualify under Section 504 also qualify under the
ADA, and this procedure is designed to identify those students in need of accommodation and
provide them necessary accommodations.
504 Evaluation – A process where the 504 team determines whether a student has a disability and
needs a 504 plan in accordance with Section 504. A 504 evaluation must draw on information from
a variety of sources in the area or areas of concern. An evaluation must be conducted before the 504
team makes an educational placement or makes a significant change in the placement of a student.
Evaluation may be based on existing information and observation or may include more formal
assessment, including the administration of tests and other specialized evaluation instruments.
504 Plan or Accommodation Plan – A written document developed by the 504 team specifying
accommodations necessary to provide a free and appropriate public education to a student with
disabilities in accordance with law.
504 Team – A multidisciplinary group consisting of two (2) or more persons who have knowledge
of the student, the meaning of the evaluation data and the placement options. This group could
include school employees, necessary professionals, the parent, or others who have knowledge of the
student. The 504 team decides eligibility, the accommodations necessary to provide a student with
disabilities a free and appropriate public education, and the placement of the student.
Long-Term Suspension – Suspensions in excess of ten (10) consecutive school days, or suspensions
in excess of ten (10) school days cumulatively in a school year where a pattern of suspension is
created. In determining whether a series of suspensions has resulted in a significant change in
placement, the district should consider the length of each suspension, the proximity of the
suspensions to each other and the total amount of time the student is excluded from school.
Major Life Activities – Include, but are not limited to, caring for oneself, performing manual tasks,
seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating and working. Major life activities also include the
operation of major bodily functions including, but not limited to, the functions of the immune and
reproductive systems; normal cell growth; digestive, bowel, bladder, neurological, brain, respiratory,
circulatory and endocrine systems; and other major bodily functions.
Parent – For the purposes of this procedure and related forms, a biological parent, guardian or person
acting as a parent in the absence of a biological parent or guardian. A student who is 18 and
otherwise competent assumes the rights of the parent.
Students with Disabilities – For the purposes of this procedure, students who have a physical or
mental impairment that substantially limits one (1) or more major life activities.
Substantially Limited – Unable to perform a major life activity that the average person in the general
population can perform, or significantly restricted as to the condition, manner or duration under
which an individual can perform a particular major life activity as compared to the condition, manner
or duration under which the average person in the general population can perform that same major
life activity. In determining whether a student is substantially limited in a major life activity:
1. The district will interpret "substantially limited" broadly.
2. Determinations about whether a disability that is episodic or currently in remission would
substantially limit a major life activity will be made as if the disability were currently active.
3. Except for ordinary glasses and contacts, the district will not consider the ameliorative effects
of mitigating measures such as medications, assistive technology, auxiliary aids, prosthetics,
hearing aids, cochlear implants, mobility devices or oxygen therapy when determining
whether a disability substantially limits a major life activity.
The district does not discriminate against persons with disabilities, nor against those who have a
record of such an impairment or are regarded as having such an impairment. The district seeks to
identify, evaluate and provide free and appropriate educational services to all qualified students with
disabilities within the definitions of Section 504 and the ADA. No qualified student with a disability
shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any district program, including nonacademic services
and extracurricular activities.
This procedure will not be applied to students with disabilities who are eligible for services under
the Individuals with Disabilities Education Act (IDEA). Those students will receive services in
accordance with the IDEA, regulations interpreting the IDEA, the Missouri State Plan, and district
policies and procedures implementing the IDEA.
The district's compliance officer designated in policy AC is also the district's 504 and ADA
The district will take measures to identify and locate every student with disabilities and take steps
to notify the students and their parents of the district's obligations to provide the student education
and accommodations, if necessary.
District staff will contact the district's compliance officer or designee immediately when:
1. Due to a student's medical condition or impairment, a parent asks for a change of schedule,
change of facilities or other accommodation that is not routinely provided to students.
2. A parent notifies the district that a student has a medical condition or impairment that could
3. Based on a student's medical condition or impairment, a teacher, nurse or other employee
recommends an accommodation that may be necessary for the student to participate in the
The district will conduct a 504 evaluation of any student who needs or may need accommodation
due to a disability before making an educational placement or making a significant change in the
placement of the student.
Once notified and provided information that a student may have a physical or mental impairment that
could qualify as a disability, the compliance officer will organize a 504 team. The compliance
officer or designee will contact the parent and the classroom teacher(s) for additional information
for the 504 team to consider and will provide the parent and/or student a copy of the procedural
safeguards and notice of evaluation. The compliance officer or designee will obtain written consent
for any additional formal assessment. If the parent refuses to consent, the district may request a due
process hearing as described below.
The 504 team will meet to examine the existing information and determine whether additional
information or testing is necessary and, if so, what information should be obtained before making
a decision. The compliance officer or designee will assist the 504 team in obtaining additional
information. The compliance officer or designee is responsible for ensuring that:
1. Tests and other evaluation materials have been validated for the specific purpose for which
they are used and are administered by trained personnel in conformance with the instructions
provided by their producer.
2. Tests and other evaluation materials include those tailored to assess specific areas of
educational need and not merely those that are designed to provide a single general
3. Tests are selected and administered so as to best ensure that when a test is administered to
a student with impaired sensory, manual or speaking skills, the test results accurately reflect
the student's aptitude, achievement level or whatever other factor the test purports to
measure, rather than reflecting the student's impaired sensory, manual or speaking skills
(except where those skills are the factors that the test purports to measure).
The 504 team will decide if the student is eligible for accommodations under the law. To be eligible
as a student with a disability, the student must have a physical or mental impairment that
substantially limits one (1) or more major life activities. Not all students with medical impairments
are eligible as disabled under the law. In interpreting evaluation data, determining eligibility, and
making placement decisions, the 504 team shall:
1. Draw upon information from a variety of sources, including aptitude and achievement tests,
teacher recommendations, physical condition, social or cultural background and adaptive
2. Ensure that information obtained from all such sources is documented and carefully
3. Make a placement decision that complies with the law.
When making a determination, the 504 team will consider the effect the impairment has on the
student's performance in comparison with children at the same age or grade in the general
population. The 504 team will not consider mitigating measures except for ordinary eyeglasses or
Once the 504 team determines whether the student is eligible, the district will notify the parents of
the decision in writing and will document the reasons for the decision. If the 504 team determines
that the student has a disability as defined in law, the 504 team will determine educational
The 504 team will decide the educational placement necessary to provide a free and appropriate
education. The accommodations or services determined necessary by the 504 team and the details
regarding those accommodations will be recorded in the 504 plan, provided to the parents in writing
and maintained by the district. Information regarding the 504 plan will be provided to all district
staff as necessary to ensure that the accommodations are provided to the student. Accommodations
will include, but are not limited to, the following:
1. Academic Setting – Students with disabilities must be educated to the maximum extent with
students who do not have disabilities, unless it is demonstrated by the district that an
appropriate education cannot be achieved in the regular environment with the use of
supplementary aids and services. This may require modifications to desks, seating
arrangements, methods of communication or flexibility to leave the room.
2. Nonacademic Setting – Students with disabilities will have the same opportunity to
participate in nonacademic activities and services (including meals, recess periods,
counseling opportunities and other services) as students without disabilities and will
participate in those activities and services with students without disabilities to the maximum
3. Facilities Accommodation – The district must provide facilities to students with disabilities
that are comparable to the facilities provided to students without disabilities. Students must
have access to restroom facilities, cafeterias, playgrounds and classrooms. When the 504
team places a student in a setting other than the regular educational environment, it must take
into account the proximity of the alternate setting to the student's home.
4. Transportation – Students with disabilities will be provided appropriate transportation at no
greater cost than students without disabilities.
Extracurricular and Nonacademic Services
The district shall provide nonacademic and extracurricular services and activities in such a manner
as is necessary to afford students with disabilities an equal opportunity for participation in such
services and activities. These services may include, but are not limited to: personal, academic or
vocational counseling; athletics; transportation; health services; recreational activities, special
interest groups or clubs; referrals to agencies; and employment of students, including employment
by the district or assistance in outside employment. Students with disabilities may participate in
physical education and athletic activities to the same extent as students without disabilities. The
district may offer students with disabilities physical education and athletic activities that are separate
or different from those offered to students without disabilities when necessary; however, no qualified
student with a disability will be denied the opportunity to compete for teams or to participate in
courses that are not separate or different.
Preschool, Summer School and Adult Education
The district will not exclude qualified students with disabilities from preschool, summer school or
adult education and will take into account the needs of the students in determining the aids, benefits
or services to be provided.
A student with disabilities receiving accommodations under this procedure will be re-evaluated
minimally every three (3) years and before making any significant change in placement. The
compliance officer will provide the parent and/or student a copy of the procedural safeguards at the
time of the re-evaluation. The scope and extent of the re-evaluation will be determined by the 504
team. The compliance officer or designee will obtain written consent for formal assessment for a
re-evaluation unless the district takes reasonable measures to obtain consent from the parent and the
parent does not respond. If the parent refuses to consent, the district may request a due process
hearing as described below.
Access to Records
Parents will have an opportunity to examine all relevant records, including personally identifiable
education records, in accordance with law and as outlined in Board policy and district administrative
The district will involve parents throughout the accommodation process. The compliance officer
or designee will provide notice to parents before conducting an initial evaluation of a student. The
parents will be invited to participate in the eligibility determination meeting and any meeting during
which their child's program is designed and placement is determined, but their participation is not
Disciplining Students with Disabilities
Students who qualify for accommodation under Section 504 cannot receive a long-term suspension
or be expelled for behavior that is a manifestation of the disability. Before a student may serve a
long-term suspension, the 504 team must meet and review the behavior subject to disciplinary action,
along with current information regarding the disability, to determine whether the student's actions
were a manifestation of the disability. If the behavior was not a manifestation of the student's
disability, the student may be suspended and will only receive educational services to the extent that
educational services are provided to students without disabilities during a suspension. If the
behavior was a manifestation of the disability, the district cannot suspend the student in excess of
ten (10) school days, and the 504 team must determine whether the current educational placement
is appropriate. The district will provide students and their parents a copy of the district's procedural
safeguards at the time any long-term suspension is imposed.
All complaints alleging discrimination, violation of law or failure to follow district policies or
procedures regarding the education or accommodation of students with disabilities will be made to
the compliance officer and will be investigated immediately. The district will use the grievance
procedure outlined in policy AC. Complaints may be made by contacting the Office of Student
Impartial Due Process Hearing
In the event the parent or district wishes to contest an action with regard to the identification,
evaluation or placement of a student with a disability under law, either party may initiate a due
process hearing. The district may do so by notifying the parent in writing. The parent may do so by
notifying the district's compliance officer in writing. The request for a due process hearing must
include a detailed statement as to the nature of the dispute. Both parties will have the opportunity
to participate in the hearing and to be represented by counsel.
The district will immediately secure the services of an impartial hearing officer. The hearing officer
will set a date for the hearing and may request additional clarification from either party as to the
nature of the dispute. The hearing officer has the authority and the responsibility to create reasonable
rules governing the hearing to ensure that relevant information is presented, but that a decision is
made as expeditiously as possible. The hearing officer will provide each party a copy of the written
decision within 15 calendar days after completion of the hearing. The decision is binding on both
parties unless determined otherwise by a court of competent jurisdiction.
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Note: The reader is encouraged to review policies and/or forms for related information in this
St. Charles R-VI School District, St. Charles, Missouri
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