However, we must keep in mind that the nature of the eligibility determination has to do with the degree of the disability’s impact on the student’s functioning at school, and thus, school-based data is likely to be more useful to the committee’s determination.A Section 504 Plan is a general educational plan for children who “have an impairment that substantially limits a major life activity” and “that impairment prohibits them from receiving the school’s services as adequately as non-disabled peers.” You can learn more about 504 Plans in our blog post here. These are pieces of data to be reviewed and considered together with school-based data. It is not uncommon or inappropriate for parents to submit reports of private evaluations of their child, or medical diagnoses made by the child’s pediatrician or medical provider. Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. Each team has to determine when it has sufficient information to render the eligibility determination.Ī physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. The keys are collection of information from various sources, documentation and consideration of the collective data, and an eligibility determination based on the regulations and not on presumptions or stereotypes. Thus, although tests may be conducted along the lines of IDEA evaluations, it is not required for Section 504 compliance. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The Section 504 regulatory provision at 34 C.F.R. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The DoDEA Section 504 Plan must be reviewed yearly (at a minimum) to ensure the student is able to access his/her educational program/activities.Īt the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. Federal law and DoDEA regulations require the creation of a written plan which describes the accommodations and services to be provided. Step 7: Develop Plan: The Section 504 Team will develop a DoDEA Section 504 Plan for the student to be implemented immediately or when impairment is active. Step 6: Eligibility: The Section 504 Team determines if the impairment substantially limits one or more major life activities. Step 5: Evaluate: The Section 504 Team will evaluate the student's needs by completing a review of existing records and information from a variety of sources, such as observations, teacher reports, and results of informal and formal assessments. Step 4: Review: The Section 504 School Coordinator schedules a meeting to review the referral. Step 3: Notice of Rights of Sponsor, Parent, Legal Guardian, and Student: The Section 504 School Coordinator ensures the parents are provided a copy of the student’s rights and the complaint procedures following a referral. Step 2: Referral: A referral may be initiated by a parent, teacher, student, counselor, administrator, other school personnel, medical personnel, or community agency staff member. Step 1: A student may be identified as a student with a possible disability at any time by a parent, teacher, student, counselor, administrator, other school personnel, medical personnel, or community agency staff member. Strategic and Organizational Excellence.Research, Accountability and Evaluations.
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