SECTION 504 OF THE REHABILITATION ACT OF 1973
No otherwise qualified individual with a disability in the United States, shall, solely by reason of her or
his disability, be excluded from the participation in, be denied the benefit of, or be subject to
discrimination under any program or activity receiving Federal financial assistance.
The Section 504 regulations require a school district to provide a "free appropriate public education"
(FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless
of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular
or special education and related aids and services designed to meet the student's individual
educational needs as adequately as the needs of nondisabled students are met.
Child Find
Buchanan County Public Schools will undertake to locate and identify every qualified student with a
disability residing in the school district who is not receiving a public education, and will take
appropriate steps to notify students with disabilities and their Parent(s)/Guardian(s) of the duty of the
school district under §504/ADAA. Each student, because of disability, who needs or is believed to
need §504/ADAA services will be referred for an evaluation.
Free Appropriate Public Education (FAPE)
Each qualified student with a disability regardless of the nature or severity of the disability is entitled
to receive a free appropriate public education. Such an education consists of regular or special
education, modifications and related aids and services designed to meet the individual educational
needs of students with disabilities as adequately as the needs of students without disabilities are met.
Related services includes but are not limited to services which are developmental, corrective and
other supportive services including psychological, counseling and medical diagnostic services,
transportation and referrals to agencies which provide assistance to students with disabilities.
Examples of services/modifications which could be considered when contemplating the provision of
FAPE are:
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A structured learning environment
Repeating and simplifying instructions
Visuals to supplement verbal instructions
Behavioral management strategies
Modifying test delivery
Tape recorders and other A/V equipment
Modified textbooks, workbooks
One-on-one tutorials
Classroom aides
Classroom note takers
Modifications to non-academics
Tailored homework assignments
Consulting with special education
Reducing class size
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Collaboration/Inclusion Services
Allowable SOL Accommodations
The previous list only serves as examples and should not be considered an exhaustive list.
Eligible students may participate in the VGLA and VSEP but may not participate in the VMAST and
VAAP. The Modified Standard Diploma is not available to eligible students.
FAPE is designed to reflect the specific areas in which a “substantial limitation” is documented.
[Substantial limitation is discussed under disability determination/eligibility definition and guidance.]
Equal Access
Buchanan County Schools shall provide academic, non-academic, and extracurricular services and
activities in such manner as is necessary to afford students with disabilities an equal opportunity for
participation in such services and activities.
Definitions and Guidance:
§504/ADAA Multi-disciplinary Team Members
A group of persons, including persons knowledgeable about the student, meaning of the evaluation
data and placement options serve as the §504/ADAA Multi-disciplinary Team.
Denial or Revocation of Parent(s)/Guardian(s) Consent
Should a Parent(s)/Guardian(s) refuse to provide written consent on forms requiring written
Parent(s)/Guardian(s) consent, Buchanan County Public Schools may or may not pursue an impartial
hearing remedy. The decision to pursue an impartial hearing will be made on a case-by case basis.
Should Buchanan County Public Schools refuse to pursue an impartial hearing remedy, the school
division will be required to provide no FAPE §504/ADAA services or §504/ADAA FAPE protections to
the student.
Should a Parent(s)/Guardian(s) revoke consent, the revocation of consent must be written and cannot
be retroactive. If a Parent(s)/Guardian(s) revokes consent, Buchanan County Public Schools may or
may not pursue an impartial hearing remedy. The decision to pursue an impartial hearing will be
made on a case-by case basis. Should Buchanan County Public Schools refuse to pursue an
impartial hearing remedy, the school division will be required to provide no FAPE §504/ADAA
services or §504/ADAA FAPE protections to the student.
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Disability Determination/Eligibility
A student is eligible for §504/ADAA if documentation evidences
(1) A physical or mental impairment and
(2) The physical or mental impairment substantially limits a major life activity.
To “significantly limit” a major life activity, an impairment need not prevent, or significantly or severely
restrict, an individual from performing a major life activity in order to be considered a disability
covered under §504/ADAA. Defining whether a student has a “substantial limitation” regarding a
major life activity is based upon a comparison of how the average student in the general population
performs the same major life activity. Hence, “significantly limits” is interpreted as “noticeably limits.”
For purposes of determining whether a student has a physical or mental impairment that substantially
limits a major life activity, school districts may not consider the ameliorative effects of any mitigating
measures that the student is using. A non-exhaustive list of “mitigating measures” includes
medication; medical supplies; equipment or appliances; low-vision devices (not including ordinary
eyeglasses or contact lenses); prosthetics; hearing aids and cochlear implants or other implantable
hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive
technology; reasonable modifications or auxiliary aids or services; and learned behavioral or adaptive
neurological modifications. The §504/ADAA Multi-disciplinary Team cannot take the position that a
student is not an individual with a disability under §504/ADAA because the student has a
“correctable” condition or one that can be resolved through the use of mitigating measures.
There is a two-step “eligibility” process under Section 504. The § 504/ADAA Multi-Disciplinary Team
would first make the disability determination by evaluating the student and determining whether a
physical or mental impairment exists that substantially limits a major life activity in the absence of any
mitigating measures (such as medication, assistive technology, health services, etc.). If so, the§
504/ADAA Multi-Disciplinary Team would next determine whether the student requires special
education or related services in order that his/her educational needs are met as adequately as those
of nondisabled students. If so, a § 504/ADAA Plan would be developed. If not, the § 504/ADAA
Multi-Disciplinary Team would note that the student is disabled but not in need of a § 504/ADAA Plan
and cannot be discriminated against on the basis of the documented disability.
Unless a student actually has an impairment that substantially limits a major life activity, the mere fact
that student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger the
§504/ADAA protections that require the provision of a free appropriate public education (FAPE).
However, individuals with a “record of” or who are “regarded as having” a disability are “eligible” to be
free from discrimination on the basis of disability.
Additionally, an impairment that is episodic in nature or in remission is a disability if it would
substantially limit a major life activity when active. A student with such an impairment is entitled to a
free appropriate public education under §504/ADAA.
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Evaluation
Each student suspected of qualifying for services under §504/ADAA will be individually evaluated
before determining the student as having a disability under §504/ADAA or providing the student with
services under §504/ADAA. Tests used for this purpose are selected and administered so as best to
ensure that the test results accurately reflect the student's aptitude or achievement or other factor
being measured rather than reflect the student's disability, except where those are the factors being
measured. The tests and other evaluation materials include instruments tailored to evaluate the
specific areas of educational need and not merely those designed to provide a single intelligence
quotient. The tests and other evaluation materials utilized are validated for the specific purpose for
which they are used and appropriately administered by trained personnel.
A physician's medical diagnosis does not, in isolation, suffice as an evaluation or automatically trigger
eligibility but is considered among other sources in evaluating a student with an impairment or
believed to have an impairment which substantially limits a major life activity. 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.
An initial evaluation to determine §504/ADAA disability/eligibility requires Parent(s)/Guardian(s)
consent. A review of existing information constitutes an evaluation and if conducted for purposes of
initial disability determination/eligibility, requires Parent(s)/Guardian(s) consent.
Parent(s)/Guardian(s) Consent
Written Parent(s)/Guardian(s) Consent will be obtained prior to:
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Conducting an initial evaluation*
Conducting additional assessments*
Conducting reevaluations*
Implementing an initial §504/ADAA Plan
Implementing a revised §504/ADAA Plan
*Includes review of existing records
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Procedures
Referrals may be made by any source, including an educational support team, school staff, a
Parent(s)/Guardian(s), or other individuals.
The referring party shall inform the student’s teacher, building §504/ADAA coordinator, principal or
division §504/ADAA coordinator of the referral. The referral may be made in oral or written form.
A. Within 10 days of receiving the referral, the building §504/ADAA coordinator, shall:
1. Record the date, reason for referral, and names of the person or agency making the
referral;
2. Schedule a meeting for the §504/ADAA Multi-disciplinary Team to process the
referral; and
3. Send a notice (inclusive of §504/ADAA Procedural Safeguards and Virginia Special
Education Procedural Safeguard Requirements Under the IDEA) to invite the
Parent(s)/Guardian(s) to the meeting.
B. During the meeting of the §504/ADAA Multi-disciplinary Team, the Team will obtain consent from
the Parent(s)/Guardian(s) to conduct an initial evaluation. When considering the assessment data
to be used, please refer to evaluation definition and guidance.
C. Once consent is obtained for an evaluation and all evaluation information is complied, the
§504/ADAA Multi-disciplinary Team will review the evaluative data to determine existence of
disability/eligibility. When considering disability determination/eligibility, please refer to disability
determination/eligibility definition and guidance. If not eligible, the §504/ADAA Multi-disciplinary
Team may refer the student to the building’s educational support Team.
D. If the § 504/ADAA Multi-disciplinary Team determines the student has a disability, is eligible and
requires a § 504/ADAA plan, the §504/ADAA Multi-disciplinary Team, will schedule a meeting to
develop a §504/ADAA Plan.
E. When considering the content of the §504/ADAA Plan, please refer to the FAPE, equal access,
and reasonable modification definition and guidance sections.
F. During the §504/ADAA Plan meeting, the §504/ADAA Multi-disciplinary Team must determine if
the §504/ADAA Plan will require additional resources beyond those available at the school level.
 If the §504/ADAA Plan’s content does not require additional resources beyond those
available at the school level, then the §504/ADAA Multi-disciplinary Team finalizes the plan.
 If the §504/ADAA Plan’s content requires additional resources beyond the school level, the
school based §504/ADAA coordinator adjourns the meeting, contacts the district
§504/ADAA coordinator and reviews the §504/ADAA Plan with the district §504/ADAA
coordinator.
 The district §504/ADAA coordinator then either discusses other alternatives or approves
and allocates the resources necessary to implement the §504/ADAA Plan. The school
based §504/ADAA coordinator reschedules a §504/ADAA meeting to complete the
§504/ADAA Plan.
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G. The §504/ADAA Plan will be reviewed annually unless an earlier review is requested in writing by
Buchanan County Public Schools or the Parent(s)/Guardian(s). If a Parent/Guardian requests an
early review, Buchanan County Public Schools will determine if a review is appropriate. If the
request is denied, Buchanan County Public Schools will provide written notification of the decision
to the Parent/Guardian.
H. A reevaluation will be conducted
1. Once every three years;
2. If requested by Buchanan County Public Schools and/or the
Parent(s)/Guardian(s); or
3. Not more than once a year unless Buchanan County Public Schools and the
Parent(s)/Guardian(s) agree otherwise.
Placement
OCR considers administration of medication a placement decision.
 Consider:
 The purpose of the medication, as determined by the student’s doctor.
 Who will administer the medication.
 Whether staff training is needed for medication administration.
 The protocol if there is an emergency involving the student and his/her medicine.
 Pertinent medical information provided by the parent.
Prior Notice and Procedural Safeguards
The school based §504/ADAA coordinator will provide Parent(s)/Guardian(s) prior notice and a
statement of §504/ADAA Procedural Safeguards at the following times:
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During a §504/ADAA disability determination/eligibility meeting*
During a §504/ADAA plan meeting*
Before conducting an initial evaluation*
Before conducting additional assessments
Before conducting reevaluations*
Before conducting Manifestation Determination Reviews*
Before changing placement* [Note: graduation is considered a placement change]
*If the §504/ADAA plan meeting follows the eligibility meeting, one notice and copy of Procedural
Safeguards will suffice.
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Reevaluation
Buchanan County Public Schools will reevaluate students before initiating a change in placement,
including but not limited to, graduation.
Timelines
Within 65 calendar days from the date of the referral, a disability/eligibility determination will be made
and, if required, a §504/ADAA Plan developed.
Please review Transfer Student with §504/ADAA Plan definition and guidance for additional timelines.
Transfer Student with §504/ADAA Plan
If a student with a disability transfers to Buchanan County Public Schools from another public school
and has a current §504/ADAA Plan the division will:
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within 15 days of receiving the student’s §504/ADAA plan, a §504/ADAA Multidisciplinary Team will be convened and review the plan and supporting documentation.
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If the §504/ADAA Multi-disciplinary Team concludes the plan is appropriate, the plan will
be implemented.
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*If the §504/ADAA Multi-disciplinary Team concludes the plan is inappropriate, the plan
will be modified and implemented.
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If the §504/ADAA Multi-disciplinary Team concludes there is insufficient information to
determine disability/eligibility, the §504/ADAA Multi-disciplinary Team will initiate
(within 5 days) a §504/ADAA referral for the student.
Qualified Student With A Disability
A "qualified student with a disability" is a student with a disability who is:
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of an age at which students without disabilities are provided elementary and secondary
educational services;
of an age at which it is mandatory under state law to provide elementary and secondary
educational services to students with disabilities;
or a student to whom a school division is required to provide a free appropriate public
education under the Individuals with Disabilities Education Act (IDEA).
Person With A Disability
Person with a Disability means any person who (i) has a physical or mental impairment, which
substantially limits one or more major life activities, (ii) has a record of such an impairment, or
(iii) is regarded as having such an impairment
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Students with Disabilities in School Athletics
Students with disabilities may not be excluded from any athletic activity conducted by a school
receiving federal financial assistance as long as the student is “otherwise qualified” to participate in
spite of his or her disability. However, problems can occur where students with disabilities have been
held back one or more years. In such cases, students are sometimes prohibited from participating in
interscholastic athletics. The Virginia High School League would be the authority on such matters.
Temporary Disability
A temporary impairment does not constitute a disability for purposes of §504/ADAA unless its severity
is such that it results in a substantial limitation of one or more major life activities for an extended
period of time. The issue of whether a temporary impairment is substantial enough to be a disability
must be resolved on a case-by-case basis, taking into consideration both the duration (or expected
duration) of the impairment and the extent to which it actually limits a major life activity of the affected
individual.
An individual is not “regarded as” an individual with a disability if the impairment is transitory and
minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or
less.
Health Care Plan
A student with a health care plan should be referred for §504/ADAA disability determination/eligibility.
If eligible, the content of health care plan should be reviewed and attached, as determined
appropriate by the Multi-disciplinary Team, to the §504/ADAA Plan.
Major Life Activities
Major Life Activities means functions such as
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Caring for one’s self,
Performing manual tasks,
Walking,
Seeing,
Hearing,
Speaking,
Breathing,
Learning,
Working,
Eating,
Sleeping,
Standing,
Lifting,
Bending,
Reading,
Concentrating,
Thinking, and
Communicating.
A non-exhaustive list of examples of “major life functions” includes the functions of the immune
system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.
Physical or Mental Impairment
Physical or Mental Impairment
(a) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting
one or more of the following body systems: neurological; musculo-skeletal; special sense
organs; respiratory, including speech organs; cardiovascular, reproductive, digestive,
genito-urinary, hemic and lymphatic; skin and endocrine; or (b) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional or mental illness,
and specific learning disability. (This is not intended to be comprehensive.)
The aforesaid is not considered an exhaustive list of specific diseases and conditions that may
constitute physical or mental impairments.
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Discipline of §504/ADAA Eligible Students
A manifestation determination review (MDR) is required if a §504/ADAA eligible student is going to be
suspended more than ten cumulative days. The purpose of the manifestation determination review is
to conclude if the misconduct is or is not caused by the disability. The MDR decision is made by the
§504/ADAA Multi-disciplinary Team.
The MDR is considered a re-evaluation and requires
Parent(s)/Guardian(s) notice. During the MDR, the §504/ADAA Multi-disciplinary Team will consider
all relevant information including but not limited to any recent evaluation data that provides an
understanding of the student’s current behavior when determining the following:
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Is the student’s §504/ADAA plan appropriate?
Is the current placement appropriate?
Was the student’s §504/ADAA plan implemented?
Did the disability impair the student’s understanding the consequences of the behavior?
Did the impairment limit the student’s ability to control the behavior?
When the conclusion is reached that the misconduct is directly caused by the disability, the
§504/ADAA Multi-disciplinary Team will modify the current educational placement including, if
appropriate, provide an alternative educational placement. When the conclusion is reached that the
misconduct is not directly caused by the disability, the student (may be disciplined in the same
manner as a nondisabled student, including the cessation of services.)
If a student is eligible under §504/ADAA and the misconduct involves the illegal use and/or
possession of drugs or alcohol, and the individual is currently engaging in the illegal use of drugs or
alcohol, the §504/ADAA Multi-disciplinary Team is not required to convene, reevaluate the student, or
determine whether there is a causal relationship between the behavior and the disability. The student
may be disciplined in the same manner as a nondisabled student, including the cessation of services.
Note: Possession alone does not trigger this exception.
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IMPARTIAL HEARING AND APPEAL PROCEDURES UNDER §504/ADAA
1.
Issues Giving Rise to a Hearing
A hearing may be requested by any current student, Parent(s)/Guardian(s), or employee over
any complaint alleging discrimination based on disability, including complaints for students
concerning the identification, evaluation, and educational placement of students.
2.
Requesting a Hearing
A hearing must be requested within thirty (30) days of the dispute giving rise to the hearing or
as soon as practicable.
Requests for hearings shall be made in writing and directed to the §504/ADAA District
Coordinator for Buchanan County Public Schools. If assistance is needed in filling out a
hearing request, please contact District Coordinator:
Mrs. Sherry Fletcher, Elementary/Sp. Ed. Supervisor
Buchanan County Public Schools
PO Box 833
Grundy, VA 24614
276-935-4551
sfletcher@buc.k12.va.us
3.
Appointment of a Hearing Officer
A hearing officer will be appointed by the §504/ADAA district coordinator. The hearing officer
may not be an employee of Buchanan County Schools and may not be directly related to the
complaint and/or complainant. The hearing officer must be appointed within ten days of receipt
of a request for a hearing.
Pre-Impartial Hearing Procedures
1.
The hearing officer is responsible for the following matters prior to the hearing:
(a)
Scheduling the hearing date and location and notification to the parties;
(b)
Ascertaining whether the parties will be represented by counsel at the hearing; and
(c)
Insuring that the hearing is accurately recorded.
Impartial Hearing Procedures
1.
The parties have the following rights in a hearing:
(a)
To be represented by counsel;
(b)
To present evidence and question witnesses;
(c)
To prohibit the introduction of evidence that has not been disclosed to all parties at least
five business days prior to the commencement of the hearing; and
(d)
To obtain a copy of the recording of the hearing.
2.
For hearings requested on behalf of students, the student may attend the hearing.
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3.
The hearing officer shall insure in connection with the hearing the following matters:
(a)
An atmosphere conducive to impartiality and fairness;
(b)
The appointment of a surrogate Parent(s)/Guardian(s) by the school division, if
appropriate;
(c)
Maintenance of an accurate record of the proceedings;
(d)
Issuance of a written decision to all parties setting forth findings of fact and conclusions
of law based on the evidence presented in the hearing;
(e)
The decision must be issued within forty-five (45) calendar days of receipt of the request
for a hearing unless continued for good cause at the request of a party; and
(f)
Notify the complainant of the appeal process through the Office for Civil Rights of the
US Department of Education.
Appeal Procedures
1.
An appeal may be noted by an aggrieved party by filing a written notice with the §504/ADAA
district coordinator within thirty (30) calendar days of the date of the impartial hearing decision
issued by the hearing officer.
2.
Appointment of a Hearing Officer
A hearing officer will be appointed by the §504/ADAA district coordinator. The hearing officer
may not be an employee of Buchanan County Schools and may not be directly related to the
complaint. The hearing officer must be appointed within ten days of receipt of a request for a
hearing.
Pre-Appeal Procedures
1.
The hearing officer is responsible for the following matters prior to the hearing:
(a)
Scheduling the hearing date and location and notification to the parties;
(b)
Ascertaining whether the parties will be represented by counsel at the hearing; and
(c)
Insuring that the hearing is accurately recorded.
Appeal Hearing Procedures
1.
The parties have the following rights in a hearing:
(a)
To be represented by counsel;
(b)
To present evidence and question witnesses;
(c)
To prohibit the introduction of evidence that has not been disclosed to all parties at least
five business days prior to the commencement of the hearing; and
(d)
To obtain a copy of the recording of the hearing.
2.
For hearings requested on behalf of students, the student may attend the hearing.
3.
The hearing officer shall insure in connection with the hearing the following matters:
(a)
An atmosphere conducive to impartiality and fairness;
(b)
The appointment of a surrogate Parent(s)/Guardian(s) by the school division, if
appropriate;
(c)
Maintenance of an accurate record of the proceedings;
(d)
Issuance of a written decision to all parties setting forth findings of fact and conclusions
of law based on the evidence presented in the hearing;
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(e)
(f)
4.
The decision must be issued within forty-five (45) calendar days of receipt of the request
for a hearing unless continued for good cause at the request of a party; and
Notify the complainant of the appeal process through the Office for Civil Rights of the
US Department of Education.
The §504/ADAA district coordinator is responsible for maintaining all records of hearings and
transmittal to court in the event of judicial proceedings.
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