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Revised - July 2015
Additional Considerations and Information
CHILD-FIND ACTIVITIES
Lincoln County Schools will take steps to locate and identify disabled persons enrolled and participating
in its programs who may be eligible for protection under Section 504. This requirement may be satisfied
through faculty awareness and the screening procedures employed by teachers to locate students
suspected of being disabled.
IDENTIFICATION, REQUEST FOR EVALUATION AND EVALUATION PROCEDURES
Any student who needs or is believed to need specialized education or related services not available
through existing programs in order to receive a free appropriate public education may be referred by a
parent, teacher, or other school employee to the 504 Chairperson for identification and evaluation of the
student’s individual education needs.
The 504 Team will be composed of persons knowledgeable about the student, the student’s school
history, the student’s individual needs, the meaning of evaluation data, and the feasible options. The
principal will monitor the composition of the team to ensure that qualified personnel participate.
The team will consider the referral and will evaluate the nature of the student’s disability and the impact
of the disability upon the student’s education.
This evaluation will include consideration of any disabilities that interfere with regular participation of a
student who otherwise meets the criteria (such as age) for participation in the educational program and/or
activities.
The evaluation, including the interpretation and utilization of formal and informal assessment results must
be used to determine special accommodation needs. In general, the procedure for an evaluation should
be:
1) Consider information from a variety of sources including aptitude and achievement tests,
teacher recommendations, medical reports, social and cultural data, etc. [34 CFR 104.35 (c)(1)].
2) Ensure that evaluation data sources are documented and carefully considered. [34 CFR 104.35
(c)(2)].
3) Ensure that the decision for Section 504 qualification is made by a team of individuals
knowledgeable about the child, the meaning of evaluation data and feasible options. [34 CFR
104.35 (c)(3)].
4) Ensure that the accommodations and/or modifications are in the regular education setting
unless it is demonstrated that the education of the person in the regular education environment
with the use of supplementary aids and services cannot be achieved satisfactorily, then referral via
the IDEA process becomes necessary. [34 CFR 104.35 (c)(4)].
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The team should utilize all information and resources available in determining the educational needs of
the child and have the information necessary to “justify” the Section 504 recommendation.
Related services staff (i.e. psychologist, school social worker, nurse, speech, occupational and/or physical
therapist, etc.) may be called upon for input in obtaining information for the assessment.
MAKING THE REQUEST
Parent Request - Parents who wish to make a request for the determination of a disability under Section
504, should do so by completing the “Request for Section 504 Disability Determination” form. It may be
obtained from the school 504 Coordinator. This form should be completed in as much detail as possible.
Any additional information, including a medical diagnosis, psychological evaluation, etc…. should be
included so the team has as much information as possible to make deliberate and informed decisions.
School Personnel Academic Concerns –
 Teachers who have concerns about students should be in contact with the parent to discuss
their concerns.
 When a student is experiencing difficulty in the classroom, the teacher selects and implements
intervention strategies which may be beneficial to the student. Successful interventions should
be continued to ensure student success.
 If the interventions are not successful, the teacher should be in contact with the parent to discuss
on-going concerns. The teacher should request to have the student added to an SST/MTSS agenda
so the team can discuss/brainstorm additional interventions/strategies.
 Any interventions or strategies should be documented on the “Documentation of Intervention”
form.
 If additional interventions are unsuccessful and the teacher and/or SST/MTSS believes the
student may have a disability that substantially limits of major life activity, a request for
disability determination under Section 504 may be made.
 If the teacher or other school personnel decide to make a request for Section 504 disability
determination, they should do so using the following:
o “Request for Section 504 Disability Determination” form.
They should also submit the following:
o “Section 504 Teacher Input” form
o “Documentation of Parent Contact” form
o “Documentation of Intervention” form
o any additional information the teacher might have that would prove helpful in this
determination.
Medical Concerns –
If a teacher or other school personnel believe a child has a mental or physical disability that
substantially limits a major life activity that may not have academic impact, the teacher or other
school personnel should do the following:
 Contact the parent to discuss concerns
 Make a request for disability determination by submitting the following:
o “Request for Section 504 Disability Determination” form
o “Section 504 Teacher Input” form
o “Documentation of Parent Contact” form
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o
any additional information the teacher might have that would prove helpful in this
determination.
Once a request for disability determination is made, the 504 Coordinator will follow the Lincoln County
protocol for Section 504 determination.
PARENTAL NOTIFICATION
The parent’s/guardian’s signature is required to evaluate under Section 504. The parent must be given
notice prior to the assessment of Section 504 eligibility. Parent Notification letter is found in this manual.
No final determination of whether the student will or will not be identified as a disabled individual within
the guidelines set forth through Section 504 will be made by the team without obtaining parental approval
and giving the parent/guardian the opportunity to attend the meeting and/or provide information that
would be helpful in making said determination.
Every attempt to contact the parent/guardian for purposes of gaining permission to evaluate and attending
the initial meeting should be documented. If parent consent is not obtained, the school may not proceed
with the eligibility determination. If parent permission for eligibility consideration is obtained, but the
parent cannot attend the initial meeting, the school may proceed with the eligibility determination
meeting.
ELIGIBILITY STANDARD (DISABILITY DETERMINATION)
A student must demonstrate a substantial limitation in a major life activity or major bodily function to be
considered as a qualified disabled individual as defined by Section 504 legislation. The 504 Team shall
follow specified procedures for utilizing evaluation data to determine if there is a substantial limitation in
a major life activity.
TECHNICALLY ELIGIBLE
A student must demonstrate a substantial limitation in a major life activity or major bodily function to be
considered as a qualified disabled student under the definitions set forth by Section 504 legislation. A
student can be found to be “technically eligible” in other words, meeting the criteria for identification
under Section 504, but not in need of an Equal Education Opportunity/Accommodation Plan. If it is
determined that accommodations are necessary in order for the student to have equal access to his/her
education as his/her non-disabled classmates, a plan will be developed. Equal access does not mean
“extra” or “advantageous.”
EQUAL EDUCATION OPPORTUNITY/ACCOMMODATION PLAN
If deemed necessary, an Equal Education Opportunity/Accommodation Plan should be developed by a
committee knowledgeable of the student, which may include the referring teacher, selected members of
the student services staff and other personnel as appropriate. This plan should outline accommodations
and/or modifications for each eligible individual, for whom it is determined an accommodation plan is
necessary. The regulations state that an Equal Education Opportunity/Accommodation Plan developed in
accordance to the IDEA standard is one means of satisfying the requirement for a free appropriate public
education. [34 CFR (b)(2)].
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The 504 Coordinator shall take steps to ensure that parents are afforded an opportunity to participate in
the development of the plan and shall be given an opportunity to examine all relevant records.
The accommodations should be designed to provide the disabled student an equal opportunity to benefit
from the learning activity. In other words, an accommodation plan will be written only when said
accommodations are necessary for the disabled student to receive educational opportunities equal to
his/her non-disabled peers. Psychological impact, intended results, and costs are factors to consider when
establishing the plan.
If the parent is not present for the meeting, the committee shall notify the parent/guardian in writing of its
final decision concerning the services to be provided. Notification letter is located in this manual. A copy
of the accommodation plan (if one is deemed necessary) should accompany this letter. Parent consent is
required for an Equal Education Opportunity/Accommodation Plan to be put in place. If the parent is
present for the meeting, he/she will receive copies of the disability determination and Equal Education
Opportunity/Accommodation Plan.
If a plan for providing related services is developed, all school personnel who work with the student shall
be informed of and shall acknowledge receipt of the plan.
SUBSTITUTE TEACHERS
Schools must make provisions for substitute teachers to be made aware of any accommodations that are
being provided to students in the class for which they are substituting. This is not a breach of
confidentiality as they do not need to be made aware of the disability, just the required accommodations.
Substitute teachers will be expected to ensure that accommodations are delivered as written in the 504
plan.
ANNUAL REVIEW/REEVALUATION
There will be an annual review for each student identified under Section 504 who has an Equal Education
Opportunity/Accommodation Plan. If students who have been determined to have a disability as outlined
by Section 504 legislation but do not have an Equal Education Opportunity/Accommodation Plan are
believed to now be in need of a plan, they can be brought up for review to make that determination.
Reevaluation shall be conducted every three years. Reevaluations could be conducted prior to the three
year reevaluation if circumstances warrant it.
Also, reevaluations must be conducted prior to a significant change in placement. [34 CFR 104.35
(b)]. This means that before a student is changed from one setting on the continuum of placement to
another, a reevaluation must take place. In addition, a reevaluation shall occur prior to long-term
suspensions or expulsions. (Also see section on “Manifestation Determination”)
A letter (or email if that is the preferred method of communication) to parents should be sent each time a
review or reevaluation is being scheduled. This is to not only inform of the meeting but to invite the
parent to participate. The Review/Reevaluation notice/invitation can be found in this manual.
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TESTING MODIFICATIONS
Students who are classified as having a disability under Section 504 of the Rehabilitation Act of 1973 and
who are in need of an Equal Education Opportunity/Accommodation Plan are eligible for appropriate
modifications in the North Carolina Testing Programs, if deemed necessary. Students with disabilities
may need modified test formats, special test arrangements, or a different environment to demonstrate
achievement. Modifications for students with permanent disabilities, including students not in special
education programs should be reviewed on a case-by-case basis. Students with temporary disabilities,
such as a broken arm or a broken finger, are also eligible for modifications in the North Carolina
Statewide Testing Programs under Section 504 of the Rehabilitation Act of 1973. For a student to be
eligible for testing accommodations, those accommodations MUST be necessary in order for the student
to have educational opportunity equal to that of his/her non-disabled peers and MUST be utilized
routinely in the classroom. Documentation must exist to substantiate the use of modifications routinely
used during instruction (Equal Education Opportunity/Accommodation Plan).
Accommodations on a §504 Equal Education Opportunity/Accommodation Plan do not guarantee
accommodations on tests administered by the College Board or ACT. Schools are not required to
evaluate a student for the purpose of access to College Board or ACT accommodations or postsecondary
placement. College testing centers assess entering students who request consideration under any
disability category. Each college/university conducts its own review.
TRANSITORY IMPAIRMENT
An Equal Education Opportunity/Accommodation Plan may be appropriate for conditions that would be
considered “transitory” in nature. Transitory impairments are those that appear to be ninety days or less
(burns, broken limbs and short term illness). The 504 Team has a specific procedure to follow in such cases.
DISCONTINUE FROM SECTION 504 ELIGIBILITY
If a student is determined to be ineligible for services under Section 504, the 504 Team may discontinue the
student from Section 504 protection. This change may be needed due to a change in disability, parental
request for waiver of services, change in evaluation data, mitigating circumstances, being found eligible for
services under IDEA, or some other criteria not available at the time of initial eligibility determination. A
discontinuation of service will be documented on the “Section 504 Discontinue” form. Discontinuation of
service shall be made in a 504 Team meeting.
MANIFESTATION DETERMINATION
A disciplinary review must occur for any identified Section 504 disabled student who has ten cumulative
days of suspension or expulsion.
Within 10 school days of any decision to change the placement of a child with a disability because of a
violation of a code of conduct, the LEA, the parent(s), or student age 18 or older and relevant members of
the 504 Team must review all relevant information in the student’s file, including the child’s §504 plan,
teacher observations and any other relevant information provided by the parents to determine:
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1 – If the conduct in question was caused by, or had a direct and substantial relationship to the
child’s disability
OR
2 – If the conduct in question was the direct result of the LEA’s failure to implement the §504 plan
The information contained in the “Manifestation Determination” forms must be completed to make the
determination.
Administrators MUST have up-to-date lists of Section 504 students to ensure their rights are
protected. It would be best practice and highly recommended to convene a meeting after a student
with Section 504 protection reach 5 days of suspension in order to review the plan and discuss
additional interventions.
GRIEVANCE PROCEDURES
Lincoln County Schools has established a local procedure to resolve complaints and grievances. Students
who believe they have been discriminated against on the basis of a disability in the public schools should
adhere to Policy Number 1740/4010 of the Lincoln County, North Carolina Board of Education Policy
Manual. Students and parents should be made aware of this procedure at the school level should the
grievance not be resolved to the satisfaction of the grievant.
NOTICE OF RIGHTS
Prior to evaluation, identification and development of Equal Education Opportunity/Accommodation Plan
(or the refusal of such), parents/guardians shall be provided a Notice of Parental Rights. Specific
requirements for procedural safeguards include:
1. Notice of Parental Rights. A notice of rights will be provided parents or guardians upon
evaluation, prior to a significant change of placement and as often, thereafter, as the student is
reevaluated.
2. Review of Relevant Records. Parents shall be afforded the opportunity to review relevant
educational records. See Lincoln County Board of Education Policy Number 4700.
3. Impartial Hearing. Parents or guardians will have an opportunity for an impartial hearing
regarding the identification, evaluation, or educational placement of their child. The hearing
officer will be appointed by the Superintendent. The hearing officer may not have an interest in
the outcome of the dispute and must be knowledgeable about Section 504. A Section 504 due
process hearing may be called at the request of the school system or a parent or guardian of an
affected student.
DeAnna Finger, District 504 Coordinator
Lincoln County Schools
353 N. Generals Blvd.
Lincolnton, NC 28092
Phone: (704) 732-2261
Email: dfinger3@lincoln.k12.nc.us
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