Section 504 of the
Rehabilitation Act Of 1973
Policies and Procedures
Handbook
1
Section 504 of the
Rehabilitation Act
of 1973
No qualified handicapped person shall, on
the basis of handicap, be excluded from
participation in, be denied the benefits of, or
otherwise be subjected to discrimination
under any program or activity which
receives or benefits from federal financial
assistance.
29U.S.C.§794(a)(1973)
This Section 504 of the Rehabilitation Act of 1973 Handbook (504 Handbook) was developed by
the Dyslexia/Section 504 Department to assist in the training of Edgewood Independent School
District personnel in issues related to Section 504 of the Rehabilitation Act of 1973. It reflects
the district’s current interpretation of policies, procedures, and services mandated for students
with disabilities within the public-school setting. The school district has specific responsibilities
under the Act, which include the responsibility to identify, evaluate, and, if the child is
determined to be eligible under Section 504, to afford access to appropriate educational services.
This handbook is a compilation of information from the Florida Department of Education,
Fairfax County Public Schools (VA), Union County Public Schools (NC), Houston ISD,
Southside ISD, Arlington ISD, Denton ISD, San Antonio ISD and Leticia Carrasco, Paula
Maddox Roalson, CESD (Richards Lindsay & Martin), The Dyslexia Handbook – Revised 2007,
Updated 2010: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook),
as well as information from the Edgewood ISD Special Education Department.
Non-Discrimination Clause
Notification of Non-Discrimination
It is the policy of the Edgewood Independent School District not to discriminate on the basis of race, color, national origin, gender, handicap, or
age in its employment practices, educational programs, services or activities, as required by law.
For information about your rights, contact the Title IX Coordinator Monica Lopez at (210) 444-4569.
2
Section 504 of the Rehabilitation Act of 1973 is a federal law which protects the rights
of persons with disabilities in programs and activities that receive federal financial assistance.
Section 504 protects the rights not only of individuals with visible disabilities but also those with
disabilities that may not be apparent. The purpose of the Act is to prohibit discrimination on the
basis of disabilities and to assure that disabled students have educational opportunities and
benefits equal to non-disabled students. Its regulations often mirror the Individuals with
Disabilities Education Act (IDEA 2004). This is often a source of confusion in the schools. As a
point of clarification, Section 504 covers all disabilities covered by IDEA. If a student is
disabled under IDEA, however, he/she is also protected from discrimination under Section 504.
Students who are disabled under Section 504 ONLY are usually served with accommodations in
the general education program. A free appropriate public education (FAPE), however, may
include regular and/or special education and related services if these services are required in
order to meet the individual educational needs of students with disabilities as adequately as the
needs of non-disabled persons. Each case must be reviewed and needs determined on an
individual basis. Section 504 students with disabilities must always be served in the leastrestrictive environment (LRE).
Section 504 defines a disabled person as any person who:
1. has a physical or mental impairment that substantially limits one or more major life activities,
2. has a record of such impairment, or
3. is regarded as having such an impairment.
An eligible student under Section 504 is one who: has a record of having, or is regarded as
having a physical or mental impairment that substantially limits one or more major life
activities include, but are not limited to:
 caring for oneself
 bending
 performing manual tasks
 speaking
 seeing
 breathing
 hearing
 learning
 eating
 reading
 sleeping
 concentrating
 walking
 thinking
 standing
 communicating
 lifting
 working
A major life activity also includes the operation of a major bodily function, including but not
limited to:
 functions of the immune system
 brain
 normal cell growth
 respiratory
 digestive
 circulatory
 bowel
 endocrine
 bladder
 reproductive functions
 neurological
3
Office of Civil Rights guidance indicates that in “virtually every case,” diabetes, epilepsy, bipolar
disorder, and autism will result in eligibility under Section 504. Extensive documentation or analysis
should not be required for these impairments. In Texas, Dyslexia also qualifies.
Mitigating Measures:
When determining whether the student is a qualified individual with a disability under Section 504, the
Section 504 Team cannot consider mitigating measures used by a student. As of January 1, 2009,
school districts, in determining whether a student has a physical or mental impairment that substantially
limits that student in a major life activity, must not consider the ameliorating effects of any mitigating
measures that student is using. This is a significant change from prior law. Simply put—would the
student be substantially limited without medication/other mitigating measures? If the answer is yes,
then the student would qualify for Section 504 coverage.
Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of
“mitigating measures.” The mitigating measures are as follows:
 Medication
 Medical supplies
 Equipment or appliances
 Low-vision devices (which do not include ordinary eyeglasses or contact lenses)
 Prosthetics (including limbs and devices)
 Hearing aids and cochlear implants or other implantable hearing devices
 Mobility devices
 Oxygen therapy equipment and supplies
 Use of assistive technology
 Reasonable accommodations or auxiliary aids or services
 Learned behavioral or adaptive neurological modifications
Congress created one exception to the mitigating measures analysis. The ameliorative effects of the
mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an
impairment substantially limits a major life activity.
The test for determining whether a student is disabled under Section 504 requires the district to answer
the following questions:
1. Does the student have a mental or physical impairment?
2. Does the impairment SUBSTANTIALLY limit one or more major life activities?
The next question that the 504 Committee must answer is the question of educational need. Educational
need is determined on a case-by-case basis. The Office of Civil Rights has stated that educational need
is not limited to academic problems stemming from the student’s disability. Educational need
encompasses behavior problems that are linked to the disability; even if the student’s academic
performance is within an acceptable range. A student who has no learning or behavior problems but
who requires insulin shots, asthma treatments, or similar procedures that must be administered at school
may have an educational need. A mobility-impaired student who needs a wheelchair ramp may also be
eligible for services under Section 504.
4
Section 504 mandates specific legal obligations, the first of which is the obligation of nondiscrimination.
Compliance requires that the district provide both initial and continuing notice of nondiscrimination on
the basis of disability. The notice must also include the district’s 504 Specialist/Coordinator’s name,
title, address, and telephone number. In addition, Section 504 requires that school districts have a
procedure for addressing grievances.
Section 504 students with disabilities must be given a pre-placement evaluation and must be reevaluated
periodically and prior to any significant change of placement. Tests and other evaluation materials must
be validated for the specific purpose, administered by trained personnel according to standardized
procedures, and tailored to assess specific areas of educational need and may not be limited to a single
IQ score. Assessment of adaptive behavior is required.
If the parent or guardian disagrees with the determination made by the professional staff of the school
district, he/she has the right to a hearing with the district Section 504 coordinator. The Family
Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. This
Act gives the parent or guardian the right to: 1) inspect and review his/her child’s educational records;
2) make copies of these records; 3) receive a list of all individuals having access to those records; 4) ask
for an explanation of any item in the records; 5) ask for amendment to any report on the grounds that it
is inaccurate, misleading, or violates the child’s rights; and 6) a hearing on the issue if the school refuses
to make the amendment.
Placement for Section 504 students means the regular education setting with individually planned
modifications/accommodations. Requests for consideration of eligibility under Section 504 can be
made by parents, students, or school personnel. Determination of needs, services and eligibility must be
made by a group of knowledgeable people who are familiar with the needs of the student, potential
strategies/interventions for modifying student performance, and available resources.
In Edgewood
ISD, campus §504 teams/URS Committees determine eligibility, needs and services to be provided. All
§504 participants, including parents and students, must be informed and familiar with due process rights
as services are considered.
Students with Allergies, Asthma, Diabetes and ADHD:
Students with severe food allergies or intolerances, asthma or diabetes may qualify for a Section 504
accommodation plan. Students are eligible if the physical impairment (e.g., the allergy, diabetes, or
asthma) substantially limits a major life activity (e.g., breathing, eating, endocrine function, or
respiratory function). Section 504 Accommodation Plans for eligible students provide information on
needed provisions in the school or at school-related events in order to appropriately supervise and
protect those students (e.g., maintain an inhaler in the school nurses office). As in each case in which
the District may believe the student has a disability, the determination of whether a student with a food
allergy, asthma, or diabetes is eligible for a 504 plan must be made by the Section 504 Team on an
individual basis, and must be based on the student’s disability.
Students with a diagnosis of Attention Deficit Disorder may qualify for a Section 504 plan if they meet
the eligibility criteria, which are that the mental impairment must substantially limit a major life function
(e.g., learning, concentrating, reading, or thinking), and that the student requires accommodations in
5
order to receive a FAPE. The accommodations must be necessary to meet the student’s needs as
adequately as the needs of non-disabled students are met.
Students with Health Plans:
Students with acute/chronic health conditions are provided health plans. Mitigating measures must be
factored out of 504 evaluation and eligibility determination decisions. Determination factors should
examine the degree/severity of the health condition, complexity of the health plan and items, need and
frequency of accommodations in classroom and the need for the health plan to function in school.
Dyslexia and Section 504:
When students are singled out for individualized assessment for dyslexia, the procedures for assessing
students for dyslexia must be carried out within the requirements of §504, including notification of
parents/ guardians; opportunity for parents/guardians to examine relevant records; use of valid measures;
and evaluation and placement by a team of persons knowledgeable about the student, meaning of the
evaluation data, and placement options. The steps taken to comply with §504 should be documented in
writing.
It is recommended that districts and charter schools document the following in writing in the event that
an Office for Civil Rights investigation is initiated by a formal complaint:
 Documentation that the notice of evaluation has been given to parents or guardians
 Documentation that parents or guardians were given their rights under §504
 Documentation of the parent or guardian’s consent for the evaluation (Letter to Durheim. 27
IDELR 380 [OCR 1997])
 Documentation of the evaluation data
 Documentation of the decisions made by the committee of knowledgeable persons concerning
the disability (whether a disability exists) and, if a disability exists, whether the disability
substantially limits a major life activity
 Documentation of the placement options and placement decisions
The intent of this recommended documentation is to ensure that a district or charter school meets the
needs of students and protects the rights of students and parents or guardians.
UNIVERSAL REVIEW
Universal Review
The overall goal of the Universal Review Process is to accommodate the needs of non-traditional
learners within the regular classroom. This calls for a shared responsibility of all building staff to
review children’s learning.
The Universal Review refers to the time period following an indication by a teacher or concerned person
that the student has some kind of learning or behavior problem ( i.e., the student has been referred to a
child study team or other person at the building level, but before a formal referral for an evaluation and
staffing occurs).
6
The importance of a Universal Review provides:





A safeguard against inappropriate referrals to special education/Section 504.
A process for resolving student difficulties which are not the result of a disability.
A process which supports the classroom teacher and assists in the development of alternative
strategies for students experiencing difficulty.
A process which assists in distinguishing true learning disorders from characteristics of second
language acquisition, culture, and other linguistic differences.
A process which helps to rule out linguistic, cultural, socio-economic, and/or other
environmental differences as the primary source of a student’s academic failure.
The benefits of a Universal Review will:




Validate referrals to special education (e.g. students are more likely to have a true disorder)
and/or Section 504.
Support students who do not have a disability, but who need instructional support in the
regular education program.
Develop a network of peer support for teachers in the regular education programs
Encourage problem solving as a team which will provide opportunities for professional
growth in needed areas.
The Universal Review System (URS) uses a team approach to help identify students’ needs. This
section guides school personnel with ways to intervene and provide the non-traditional /At-Risk learner
a means of achieving success. It outlines a support system, which operates on the premise that all
teachers, when provided with the necessary resources and support, can become their own best problem
solvers. It is important that a support system other than referral to special programs be available to
them.
Process Overview
The URS requires meetings be held at a minimum of every nine weeks or at the end of each grading
period. This however is a minimum standard. Best practice is to conduct meetings more frequently.
High schools for instance, would benefit from more frequent meetings since credits are involved at this
level.
It is recommended that at the beginning of the school year, all students be discussed and placed on their
appropriate Tier level (I, II, III). This is to identify students that are experiencing academic and/or
behavioral difficulties (i.e. failed STAAR/TAKS, not reading by the end of 1st grade, frequent discipline
referrals, etc...). Subsequent meetings will discuss the documented progress monitoring data based on
the recommend research-based interventions for students who continue to have difficulties with
academics and behavior.
A Progress Monitoring form must be completed for students who may require intervention such as
counseling, dyslexia, gifted & talented, and special education. In addition, specific screeners or
checklists may be requested and completed. Progress or the lack of it must be recorded on this form
each time the URT meets. When the URT decides to formally submit a student for a Section 504
7
referral, then all data will be reviewed and a decision will be made to assess the student, which will
require a Consent for Evaluation form being sent to the student’s parents. For students suspected of a
physical or mental disability, the team will review the information and may request additional
information from the classroom teacher and/or the family.
If you have a student in your classroom that is having difficulty, the very first thing that
should happen is a visit to the nurse. She will check the child’s vision and hearing and if
necessary, make a referral to the appropriate health care professional. In the event a serious
problem with vision or hearing presents itself, the nurse will contact the parent to correct the
vision or hearing problem. This need not be documented on any “special” form. Simply ask
the nurse to check vision and hearing. She will document the results. If there appears to be
a problem in either, these MUST be resolved before any other steps occur.
Adequate documentation must be provided indicating the time and evidence that more than one
strategy was attempted. The classroom teacher must implement and document URT
recommended strategies for NINE WEEKS or more as recommended by the URT.
Response to Intervention (RtI)
The federal No Child Left Behind Act of 2001 (NCLB) and the IDEA direct schools to focus more on
helping all children learn by addressing problems earlier. Both laws stress the importance of providing
high quality, scientifically-based instruction and interventions, and holding schools accountable for the
progress of all students in terms of meeting grade level standards. This approach is called Response to
Intervention (RtI) and the goal of the process is to identify children who are at-risk for not meeting
grade-level standards and to intervene early.
The basic elements of an RtI approach are: the provision of scientific, research-based instruction and
interventions in the general education classroom; monitoring and measurement of student progress in
response to the interventions; and use of these measures of student progress to make educational
decisions.
The RtI approach includes a multi-leveled system of interventions in which each level or tier represents
an increasingly intense level of services. Interventions that are provided to a child will be continually
adjusted based on progress monitoring until the child is progressing adequately. Children, who do not
respond to the initial interventions within a reasonable period of time, as suggested by research, are
referred for more intensive interventions. Most RtI models have three tiers of interventions. It is
extremely important that each campus collect and review data on each student’s Response to
Intervention. This review can trigger a Dyslexia referral, a Special Education referral, or a Section 504
referral.
A school that implements an RtI system still has an obligation to identify students with disabilities.
Parents, teachers or anyone else can request a referral at any time regardless of whether the child is
receiving interventions through an RtI system. A child does not need to advance through the multi-tiers
of the RtI system before a referral is made. In certain circumstances, a student may have progressed
through multiple tiers without success. In this situation, a disability should be suspected and a referral
must be made. A school may continue RtI interventions that have already been initiated while
8
processing the referral and determining whether or not the child should be evaluated for Section 504 or
special education services within required timelines.
The benefit of an RtI approach mentioned most often is that it enables students to get help promptly
within the general education setting. In addition, an RtI approach may potentially reduce the number of
children referred for special education and/or Section 504 services as it helps differentiate between
students whose achievement problems are due to issues such as a lack of prior instruction from students
whose problems are due to a learning disability or have a specific mental or physical impairment (A
Guide to the Admission, Review and Dismissal Process, July 2008).
A culturally or linguistically diverse student may have learning and behavior
problems due to acculturative stress or language and cultural difference rather
than problems due to a possible disabling condition. Therefore, one purpose of
interventions during the progress monitoring period is to identify and address the
needs of the students. Research shows the 70% of the teacher’s concerns about
the diverse student can be solved at this level.
Section 504 Referral:
Anyone can make a referral for Section 504; however, parents or teachers typically make referrals. If a
student is experiencing persistent academic or behavioral problems and there is no suspicion of
disability, a referral should be made to the school URS team where interventions to address the
academic and/or behavioral concerns can be developed and implemented. Depending on a student’s
response to interventions, modifications to the intervention plan should be made. If the student fails to
demonstrate sufficient improvement with evidence-based interventions that are implemented with
fidelity, the possibility of modifications should be discussed and an evaluation (IDEA or Section 504
Evaluation team) initiated as appropriate.
Section 504 Designees:
All EISD Campuses shall have an administrator designated as Chair of the 504 Committee.
Instructional Facilitators (IFs) and Academic Deans (Ads) are the 504 Designees on their campus.
Section 504 Meetings:
After reviewing RtI data (or following a parental or teacher referral), the campus will schedule a 504
Meeting. A committee of knowledgeable persons (a group that has knowledge of the student,
interventions and accommodations) will meet to review data and make a decision on whether a student
will qualify for Section 504 accommodations or modifications.
9
Knowledgeable Committee Membership:
The 504 plan is a statement of the required accommodations and services that the campus will provide to
a student. If the student qualifies as disabled under Section 504, a committee of knowledgeable people
shall develop a 504 plan. Typically, the knowledgeable committee is comprised of staff members who
work directly with, or supervise the student in the educational setting. The knowledgeable committee
will include:
 Principal or designee
 504 Designee/IF/AD
 Teacher(s) who are, or will be, working with the student (Whenever possible, the committee
should include those persons who will be responsible for implementing the proposed
accommodations).
 Other committee members, such as the school psychologist, public health nurse, school social
worker, or counselor, may be included as appropriate to the needs of the student.
 The school is not required to include the parent in the development of the 504 plan, but it is
best practice to invite the parent to participate and provide input.
MYTH
REALITY
If a parent does not attend a Section 504 team meeting, we cannot proceed with the meeting.
As a general rule, Section 504 does not require that parents be a part of the Section 504
team or group of knowledgeable persons that is making decisions. However, most school
districts have incorporated into their procedures the requirement to invite parents to
attend. Parental involvement is paramount to collaborative problem solving. It is the
district’s policy to invite parents to attend Section 504 meetings, so parents should always
be invited.
MYTH
REALITY
Section 504 requires extensive, formal evaluations, even for temporarily disabled students.
10
Although a 504 “evaluation” may include formal assessment, it is not required. Only
an evaluation sufficient to provide information to determine the existence of a
disability under Section 504 need be obtained. The 504 team determines what data is
necessary to make the appropriate eligibility and services decisions. It is reasonable for
a 504 team to require less complex data when making short-term services decisions
for temporary impairments.
Timelines:
There are no timelines specified by federal law regarding the Section 504 process. However, procedural
safeguards are established on the premise of ensuring ‘reasonable notice’ and a ‘genuine opportunity’ for
parents to participate. Timelines for the Section 504 process should be similar to those followed for IDEA.
 Assessment: An evaluation should be completed within 60 calendar days of the receipt of parent consent.
 Development of Section 504 Plans: The plan should be completed within thirty calendar days following
completion of the assessment.
 Implementation of Section 504 Plans: The service plan should be implemented within seven calendar
days after the team completes the plan.
 Update of Section 504 plans: The plan should be reviewed/revised annually or more frequently if
circumstances warrant.
 Reassessment: Reassessment should occur at a minimum of once every three years, or more frequently if
circumstances warrant. Reassessment also occurs whenever there is a major change in placement.
Steps Required When Making Eligibility Decisions:
 Get parental consent prior to initial evaluation.
 Provide notice to the parent of the evaluation meeting.
 Section 504 requires eligibility and placement decisions be made by a group of individuals
knowledgeable about the student, evaluation data, and placement options.
 Gather all available information. Data used for the evaluation and determination of a disability
and required accommodations can be broad and includes but is not limited to medical records,
school records, standardized test results, classroom observations, and anecdotal records. (A
medical diagnosis or a medication p r e s c r i p t i o n does not by itself establish eligibility).
 Examine non-school factors. Conditions resulting from environmental, cultural, and economic
disadvantages are not necessarily disabilities. However, information from all aspects of a student’s
life should be considered.
 Identify the actual physical or mental impairment.
 Identify the major impacted life activity. What is/are the major life activity(ies) (including major
bodily functions) affected? There may be no substantial limitation in learning, but other limitations
may impair access to learning. What are the limitations? Learning does not have to be impacted for a
student to be eligible under Section 504.
 Determine that the identified physical or mental impairment substantially limits a major life activity.
 Verify substantial limitation. Using evaluation data, determine whether the learning and/or
accessibility to other school activities are limited and to what extent as compared to the learning and
accessibility provided to the average population? What must school personnel do to provide equal
access for this student?
 Determine eligibility. If the student is eligible, does the student need a 504 accommodation plan of
services and accommodations to meet his needs as adequately as the needs of nondisabled
students are met?
 Determine accommodations. Following review and discussion of the data, what accommodations must
be provided for the student to have equal access to school activities? Will failure to provide the
accommodations result in the student having less than equal educational opportunities? Develop an
Individual Accommodations Plan if the student qualifies and data indicates a need. Complete a
Transportation Request form if needed.
11
Suggested Section 504 Meeting Agenda
1. Ensure that the §504 Committee membership includes persons who are knowledgeable about the student,
data interpretation and placement options. Assign roles prior to the start of the meeting:
a. Facilitator (Campus §504 Coordinator)
b. Recorder (keeps minutes)
c. Timekeeper
2. Introductions ........................................................................................................................... 2 minutes
3. State purpose of the meeting .................................................................................................... 1 minute
a. To determine §504 eligibility
b. To review existing a student’s §504 eligibility and/or accommodations (using current data)
c. To update current Individual Accommodation Plan (IAP) as needed
4. Review evaluation data: .......................................................................................................... 5 minutes
a. Discuss & record related areas of strength
b. Review current supports or intervention strategies
c. Analyze the problem and look at data
i. What is the student’s growth over time?
ii. Are there recurring patterns related to the problem?
iii. Is there a need for additional evaluation?
5. Determine (Initial or Continuing) Eligibility.......................................................................... 5 minutes
a. Does the student have a physical or mental impairment? If so, what is the impairment?
b. Does the physical or mental impairment affect one or more major life activities? If so, which
major life activities are affected?
c. Does the physical or mental impairment substantially limit a major life activity when the
condition is active (when compared to most people)? If so, what activity is limited?
d. Does the student need §504 services in order for his/her educational needs to be met as
adequately as those of non-disabled peers?
e. Analyze the results of the Committee’s answers to indicate if the student is eligible, not
eligible, should be exited, or should be referred for possible Special Ed or Dyslexia services.
6. Develop/Revise Individual Accommodation Plan ............................................................... 10 minutes
a. Accommodations must match disability – base on evaluation results
b. Intended to level the playing field, not give unfair advantage
7. Determine delivery of accommodation(s) .............................................................................. 2 minutes
a. Who will provide accommodations?
b. When & where will accommodations occur?
c. Distribute plan to appropriate persons, including parents
___________
Total time for student’s 504 review ............................................................................................ 30 minutes
Please note:
□ Copies of all meeting records should be placed in the student’s §504 folder.
□ A list of all eligible Section 504 students will be sent to the Dyslexia/Section 504 office within 5 days of the
meeting.
12
Plan Development:
The knowledgeable committee reviews the specific needs of the student in the educational setting and
completes a 504 Individual Accommodation Plan form. Accommodations necessary to provide the
student an equal opportunity to access programs and activities and to demonstrate achievement are
included in the 504 plan. The reasonable accommodations shall:




Reflect the unique needs of the student.
Relate directly to the area of impairment.
Address only what is necessary to ensure that the student has the opportunity to access programs
and activities in the school setting.
Be specific enough in description to clearly indicate when and where the accommodation(s) will
be provided during the school day.
The focus is on reasonable accommodations. The knowledgeable committee shall determine whether
the student that qualifies as disabled under Section 504 requires classroom testing accommodations, and
whether those accommodations should be provided for any district and/or state and assessments. These
decisions shall be recorded on the appropriate 504 Individual Accommodations Plan form. Testing
accommodations should be consistent with the classroom instruction accommodations that are
already part of the student’s 504 plan. A copy of the 504 plan shall be provided to the parent
following its completion.
The principal is ultimately responsible for adherence to the overall procedures and implementation of a
504 plan. Each individual working with or supervising the student shall be provided a copy of the 504
plan and will comply with the applicable components. The plan remains in effect as specified until
either a new plan is developed, or the knowledgeable committee determines through reevaluation that
the student no longer qualifies as disabled under Section 504.
Plan Review and Revision:
The 504 designee is responsible for ensuring that 504 plans are reviewed at least annually or more
frequently as conditions warrant. The purpose of this review is to determine the appropriateness of the
plan and to make any needed modifications. The participants in the annual meeting should be those
individuals relevant to the discussion of the student’s accommodations. At minimum, the committee
must consist of at least one of the student’s teachers and a principal or designee. It is best practice to
invite the parent(s) to the annual plan review. If the previous 504 plan remains appropriate, a new 504
Plan form does not need to be completed in its entirety. Demographic information, dates, and
committee member signatures are required, along with a statement that the previous plan, dated
MM/DD/YYYY, remains appropriate and should continue to be implemented as written. If the committee
determines that the existing plan requires modification, a new 504 Plan form must be completed.
13
When does a student with a disability under Section 504 need a 504 Individual Accommodation Plan?
The purpose of a Section 504 Individual Accommodation Plan is to “level the playing field” for the
student. Students with disabilities under Section 504 who typically would need a 504 Individual
Accommodation Plan include:
 Students who have documented, frequent, repeated seizures or asthma attacks (even with
medication) that prevent them from accessing the curriculum sufficiently to keep up with the
class.
 Students who have to leave class frequently to receive treatment, and who develop academic
deficits or are unable to complete work.
 Students whose medication makes it very difficult for them to remain alert or concentrate.
 Students with a disability under Section 504 who need an individual health management plan to
be safe at school, on field trips, etc.
 Students whose health needs are so severe that, if they do not receive appropriate 504
accommodations, they will die or be seriously impaired by lack of treatment. This includes
students with severe food allergies or diabetes.
 Students who need physical accommodations, extra time, or assistive devices to access the
curriculum or educational environment.
 Students who need a service to attend or participate safely, such as an escort in crowded
environments, or special warm up exercises before participating in physical education.
 Students who are unable to attend school regularly due to the effects of the disability.
Students who typically would not need a 504 Individual Accommodation Plan include:
 Students whose only need is medication administered similarly to other students who take
medication at school.
 Students whose conditions do not require individualization beyond standard first aid or
emergency procedures.
 Students who do not require an ongoing individualized plan in order to attend, access, or
participate in school safely.
 Students who can access the school environment and instruction with accommodations that are
available to all students.
 Students who can access their education with a personal assistive device, such as a hearing aide,
glasses, or wheelchair, without other accommodations.
 Students whose conditions are effectively managed by taking medication outside of school who
do not need accommodations to access school or instruction.
 Students who have a temporary condition such as a broken arm or mononucleosis, whose needs
can be met for a short period of time with standard accommodations.
If the team decides that a student with a disability under Section 504 does NOT need a 504 plan of
accommodation, the team should periodically review this decision; the student may need a plan at some
point in the future due to changing circumstances.
Are episodic conditions considered a disability under Section 504?
Some conditions, such as seizures, allergies, and irritable bowel syndrome, are episodic. The 504 team
should consider these conditions as being active when making a disability determination. The same is
true for conditions that may be in remission such as leukemia.
14
STAFF RESPONSIBILITIES
District Section 504 Specialist






Coordinates district efforts to comply with Section 504 regulations including training of
administrative staff;
Assures publication of Child Find Notice and distributes copy for posting at all district sites;
Reviews 504 evaluation information if proposed accommodations require resources beyond the
school level;
Maintains a master list of those students with 504 Plans, including name, grade, major life
activity area impacted, annual review date, and projected reevaluation date;
Accepts and reviews Section 504 complaints, organizes and conducts investigations, and
attempts to resolve any concerns or complaints;
Organizes district response to any complaint filed with the Office of Civil Rights.
School Section 504 Coordinator







Coordinates school efforts to comply with Section 504 regulations, including training of school
staff;
Assures posting of Child Find Notice annually;
Establishes school 504 Team(s) and serves as chairperson;
Guides 504 referral, evaluation, and service delivery process;
Consults with District 504 Coordinator as needed;
Maintains a master list of those students with 504 Plans, including name, grade, major life
activity area impacted, annual review date, and projected reevaluation date;
Accepts and reviews school 504 complaints, organizes and conducts investigations, and attempts
to resolve any complaints/concerns.
Teachers




15
Attend Section 504 training at the school level;
Complete a referral for 504 assistance as needed;
Serve as 504 team member when appropriate as determined by School 504 Coordinator;
Implement 504 Alternative Learning Plan(s) as appropriate.
Discipline Procedures:
The knowledgeable committee shall convene to assess whether the behavior requiring disciplinary
action is related to a qualified student’s disability when:


A decision is made to remove a 504-qualified student from school for more than 10 consecutive
school days in a school year.
The 504-qualified student is subjected to a series of removals during a school year that
accumulates to more than 10 school days.
While not required, it is best practice to invite the parent to participate and provide input at the causal
hearing. Parents should be notified with sufficient time to allow them the opportunity to attend. The
knowledgeable committee shall complete a Section 504 Manifestation Determination form and forward
it to the Hearing Officer when there is a recommendation for expulsion or exclusion:



If a student is qualified under Section 504 and there is a causal relationship between the
disability and the behavior resulting in disciplinary action, the committee shall determine
whether the student’s educational program should be modified.
If a student is qualified under Section 504 and there is no causal relationship between the
disability and the behavior resulting in disciplinary action, the student may be disciplined in the
same manner as a nondisabled student, including the cessation of services.
If a student qualified under Section 504 is receiving disciplinary action based on the illegal use
and/or possession of drugs or alcohol, and the individual is currently engaging in the illegal use
of drugs or alcohol, a committee of knowledgeable persons is not required to convene, reevaluate
the student, or determine whether there is a causal relationship between the behavior and the
disability.
SPECIAL NOTE ON SECTION 504 AND STUDENT DISCIPLINE:
Section 504 requires the implementation of certain procedural safeguards prior to a change in placement
(a long term suspension or a series of short term suspensions which result in a change in placement).
Once a proposed disciplinary consequence has resulted in a change in placement, the Section 504 team
will convene to hold a Manifestation Determination Review meeting to consider the causal link between
the conduct and the disabling condition. However, unlike the disciplinary procedures enumerated under
the Individuals with Disabilities Education Act (IDEA), the following applies to students eligible under
Section 504:
 There is no requirement under Section 504 that educational services be provided during a long
term suspension even when the cumulative number of days exceeds ten in one school year;
 Students currently engaged in the illegal use of drugs (not alcohol) are not eligible under Section
504 unless they are enrolled in or have completed a supervised drug rehabilitation program and
are no longer using; and
Students served under Section 504 are treated similar to students served under IDEA with respect to
discipline. Rules and standards can be applied to disabled students just as they are applied to
nondisabled students. Sometimes a behavioral plan needs to be in place to ensure that a disabled student
will receive equal opportunities to be successful with classroom rules through all of his/her teachers
working together in a supportive way.
16
The following summarizes some of the considerations when working with students protected by
Section 504:
 Disciplinary procedures for students under Section 504 and Americans with Disabilities Act
(ADA) are similar to those under IDEA.
 Under IDEA, Section 504, and ADA, all students are entitled to oral or written notice of charges
and the opportunity to tell their side before suspensions of 10 days or less, and a formal before a
suspension of more than 10 days.
 Expulsion or suspension of 10 or more days, or a series of suspensions totaling to 10 or more
days is considered a change of placement and require procedural requirements of IDEA or
Section 504.
 A manifestation determination must be made before suspending a student for more than 10 days
or for expelling him under IDEA or Section 504. If a manifestation determination shows no
relationship between the behavior and disability, then the student may be disciplined as any other
student.
 If the manifestation determination shows that there is a relationship between the behavior and the
disability, then the student may NOT be suspended or expelled; the school should consider the
appropriateness of the current program and consider appropriate changes.
 IDEA students who are expelled must continue to receive FAPE; 504 students do not have to be
provided with FAPE during expulsion or suspension.
 Students currently engaged in drug or alcohol abuse are not protected under Section 504.
 The ADA, in amending Section 504, states that school districts “may take disciplinary action
pertaining to the use or possession of drugs or alcohol against any student with a disability who
is currently engaging in the illegal use of drugs or in the use of alcohol to the same extent that
such action may be taken against non-disabled student.”
General Education Homebound:
General Education Homebound (GEH) services provide instruction to eligible students who are at home
or in a hospital setting.
Students served through GEH have a medical condition or extended illness that prevents attendance in
school for at least four weeks, as documented by a physician licensed to practice in the U.S.
GEH instruction may also be provided to chronically ill students who are expected to be confined for a
period of time totaling at least four weeks throughout the school year, as document by a licensed
physician. Decisions regarding services are determined by a General Education Homebound committee.
When services are provided in a private setting, such as a home, there must be an adult other than the
student and the teacher present in the home.
Students served at home through GEH will earn eligible days in attendance based on the number of
hours the student is served at home per week by a certified regular education teacher. One hour of
instruction equals one day in attendance for the first three hours of GEH instruction each week. When
four or more hours of GEH instruction are provided, the student earns an entire week (five full days) of
attendance.
17
Identification: Annually, each campus shall compile and maintain a report listing the names of all
currently identified 504 students assigned to their building, adding those who may enter during the
school year. A list of Section 504 Eligible students will be sent to the district Section 504 office at
Hoelscher Service Center.
Newly Identified 504 Students: Lists of students identified as Dyslexic and 504 will be sent to the
district Dyslexia office along with the documentation after the Evaluation meeting. At this point, the
district Dyslexia office will enter students as Dyslexic in iTCCS. As new 504 students are identified
during the year on your campus, their electronic files must also be updated to reflect 504 status on
iTCCS in order to ensure accuracy of the report system. This is done by the campus data clerk after the
504 meeting on campus after the evaluation meeting and documentation. Additionally, the red sheet
(see file maintenance below) indicating existence of a 504 file should be placed in the student’s
permanent record file.
Coding in iTCCS: All 504 Administrators will instruct the appropriate staff person on their campus to
ensure that the 504 indicators on the district defined screen in iTCCS are correctly marked.
 Note that a student with a disability/504 status is not automatically coded as being in an at-risk
situation. Students are coded “at risk” only if they meet one or more of the statutory criteria for
being in an at-risk situation (see TEC §29.081, Compensatory and Accelerated instruction).
18
19
20
21
Transition: Elementary and Middle School shall create a current list of 504 students that will
accompany the box of 504 files that goes to each of the Middle School or High School campuses during
the summer. Secondary Schools should run a report listing the names of all incoming 504 5th or 8th
graders coming to their campus and check it against the box(es) of 504 files and accompanying lists of
student names arriving from the elementary or middle school campuses over the summer. If there are
files in the box(es) that do not show up on your report, please have your data entry clerk indicate 504 on
the District Defined Screen in iTCCS for that student.
Transfer of Section 504 Documentation between campuses: PRC and 504 files are generally
transferred to the MS or HS level by appointment on or before the last contract day for campus staff at
the end of the school year. PRC files and 504 files for students attending STAAR/TAKS related
summer school should be held by the campus until after the 3rd administration of STAAR/TAKS and the
subsequent Grade Placement Committee meeting. When the student is assigned to the next level (MS or
HS) the completed PRC file/and or 504 file are handed off to the next school utilizing the same secure
procedures for bulk shipment of files (lists of student names, sign off sheets, labels). When the student
is retained, the files remain on campus.
No Shows: After the beginning of the school year, if a campus 504 Administrator determines that a 504
file belongs to a student who is a “no show” (student has not enrolled in Edgewood ISD and campus has
not received a request for records) both the student PRC and 504 files will be held at the receiving
campus but flagged as a No-Show.
File Maintenance: Red—504 folders will be stored separately from the student PRC folders under the
supervision of the campus 504 Administrator (note that 504’s may be stored in the same records room
location as the PRC folders but in a different section, or in a different room location in lockable storage
as determined by the 504 Administrator). A notice (preferably red sheet of paper) should be placed in
the PRC file to indicate location of the 504 file and access information. Campuses may either replace
the red sheet in PRC files arriving from a prior school with a new red sheet indicating location and
access procedures for campus 504 files, or a label with that information may be placed on the existing
red sheet. Records must be kept identifying persons accessing files from agencies and other non-school
personnel. A list of the 504 Administrators for each campus will be made available to and updated
annually. The 504 folders must be maintained for seven years after the student graduates. These files
will be housed on the high school campus.
The School District’s Responsibility u nder Section 504 for Students Who Transfer
From Another District (From the Office of Civil Rights—OCR):
When a student transfers into a school and is qualified as disabled under Section 504, a knowledgeable
committee in the receiving school shall review the existing 504 plan to determine the plan’s
appropriateness to the current educational setting. If a group of persons at the receiving school
district, including persons knowledgeable about the meaning of the evaluation data and
knowledgeable about the placement options, determines that the plan is appropriate, the district
is required to implement the plan. The knowledgeable committee may decide to implement the plan
22
as received, write a new plan more appropriate to the current educational setting, or reevaluate the
student in order to consider if the student no longer qualifies as disabled under Section 504.
If the district determines that the plan is inappropriate, the district is to evaluate the student
consistent with the Section 504 procedures and determine which educational program is
appropriate for the student. There is no Section 504 bar to the receiving school district honoring
the previous IEP during the interim period.
Transportation:
Section 504 requires transportation be provided for students with a disability who need special
transportation to access their education for disability‐related reasons.
To be eligible for special transportation, the student’s disability must limit the student’s ability to get
to/from school with regular transportation or an existing bus stop. The student’s 504 Accommodation
Plan must indicate that the student needs special transportation to access his or her education. The 504
team should consider short‐term impairments on a case‐by‐case basis to determine whether the condition
substantially limits a major life activity.
Procedure for processing Section 504 Transportation Requests:
Based on parent or staff member request, the 504 committee determines if special transportation is
necessary. School nurse gathers information for team regarding any medically related transportation
needs (School nurse will get written parent consent from the parent before contacting any medical
provider of the student.).
1. The Campus 504 Coordinator will submit a Transportation Request for approval by the Building
Administrators. The signed copy of the request is sent to the Director of Transportation.
2. The Campus 504 Coordinator provides Transportation with the following:
Copy of Section 504 plan that includes transportation;
Emergency contact information;
Anticipated duration for transportation; and
Any special needs, such as wheelchair accessibility.
If the District proposes to terminate a qualified disabled student's bus transportation for inappropriate
bus behavior, the District shall first determine the relationship between the student's behavior and his or
her disabling condition, the appropriateness of the related service of transportation, and the need for
reevaluation. The parent or guardian shall be provided with notice of the results of such determinations
and of their right to challenge such determinations.
23
Section 504 Transportation Request
Student’s Name___________________________________________________________
Grade___________ DOB__________________ ID #_________________
Home School________________________ School of attendance_________________________
Date of §504 Committee Meeting: ________________
§504 committee members certify that the above-named student is unable to utilize the existing
transportation services and would be unable to attend class at_____________________________ unless
special transportation is provided for_____________________ because of one or more of the following
reasons:
□ has insufficient mobility skills for safe travel on a regular school bus
□ uses adaptive devices (wheelchair, crutches, braces, etc.), which may endanger him/her/others while
riding a regular school bus
□ has an inability to communicate effectively, which may result in hazard to his or her safety on a
regular school bus
□ exhibits tendencies toward hyperactivity, aggression or withdrawal, which may endanger
him/her/others while on a regular school bus
□ has a temporary impairment or disability—Explain:_________________________________
□ other:____________________________________
Is special seating required? □ YES □ NO
If YES, please specify:
□ harness
□ whole seat for one person
□ lap restraint
□ wheelchair
□ other:_________________________________________ _____
_____ Student can be left unattended
_____ Student cannot be left unattended
Anticipated return to regular transportation:______________________
□
□
□
Campus attending:____________________________
all day AM
PM
Dismissal time:_________________
Emergency Contact Information:
Contact teacher at school____________________________
________________________________________________ Name: ________________________________
Signature of §504 Designee/ Date
________________________________________________ Phone: _______________________
Signature of Principal/ Date
________________________________________________ Address: ______________________________
Signature of parent/ Date
FOR OFFICE USE ONLY:
Bus #________ AM
□ Pick-up address: _________________ _______________________________
Bus #________ PM
□ Delivery address: ________________ _______________________________
24
What rights do parents (and students) have under Section 504?
The following is a list of parent rights granted by federal law. The intent of the law is to keep parents
fully informed concerning decisions made about their children and to inform them of their rights should
disagreement occur over a 504 decision.
Parents have the right to:
1. Have your child take part in, and receive benefit from, public education programs without
discrimination based on a disability.
2. Have the District advise you as to your rights under the law.
3. Receive notice with respect to the identification, evaluation, or placement of your child.
4. Have your child receive a free appropriate public education. This includes the right to be educated
with non-disabled students to the maximum extent appropriate. It also includes the right to have the
District make reasonable accommodations to allow your child an equal opportunity to participate in
school and school-related activities.
5. Have your child educated in facilities and receive services comparable to those provided students
without disabilities.
6. Have your child receive special education and related services if she/he is found to be eligible under
the Individuals with Disabilities Education Act (IDEA), or to receive reasonable accommodations
under Section 504 of the Rehabilitation Act.
7. Have eligibility and educational placement decisions made based upon a variety of information
sources, and by individuals who know the student, the eligibility data, and placement options.
8. Have transportation provided to a school placement setting at no greater cost to you than would be
incurred if the student were placed in a program operated by the District.
9. Give your child an equal opportunity to participate in non-academic and extracurricular activities
offered by the District through the provision of reasonable accommodations.
10. Examine all relevant records relating to decisions regarding your child’s identification, eligibility,
educational program, and placement.
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you
access to the records.
12. Receive a response from the District to reasonable requests for explanations and interpretations of
your child’s records.
13. Request amendment of your child’s educational records if there is a reasonable cause to believe that
they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the
District refuses this request, it shall notify you within a reasonable time, and advise you of the right
to a hearing.
14. File a complaint with the District when you believe your child’s rights have been violated.
15. Request an impartial hearing related to decisions regarding your child’s identification, eligibility,
and educational placement. You and your child may take part in the hearing and have an attorney
present at your own cost.
16. File a formal complaint with the regional Office for Civil Rights, located at:
Director, Office for Civil Rights, Region VI
1999 Bryan Street, Suite 1620, Dallas, Texas 75201-6810, Tel. 214-661-9600
25
Due Process:
In spite of the school’s best efforts there are times when Section 504 actions lead to conflict. The best
way to avoid conflict is to involve the parents from the beginning of the process. Seek their input and be
sure to consider their perspectives and requests. When conflicts arise, encourage the parent to talk with
the school 504 coordinator.
If a conflict arises that cannot be settled, the parent may wish to file a complaint or grievance with the
school system or the Office of Civil Rights.
1. The first step in this procedure is to submit a written letter of complaint to the school 504
coordinator.
2. Upon its receipt, the building level coordinator will be directed to investigate and provide the
parents with a written report within ten (10) business days.
3. The parent may then submit a letter of appeal to the district 504 coordinator. The letter of appeal
will also receive a written response within ten (10) business days.
4. The final local appeal goes to the school’s Superintendent or Designee. The Superintendent or
Designee must again reply within ten (10) business days.
5. At any point in the grievance process the parent may file a complaint with the Office of Civil
Rights.
There is also a due process hearing option for students under Section 504. The due process hearing is
intended to resolve differences involving the education of Section 504 qualified students when
differences cannot be settled by means of a less formal procedure. The district 504 coordinator will
work with the building coordinator in difficult situations.
Bullying:
Generally speaking, bullying is something more than the normal give-and-take that occurs when
students engage in misconduct or horseplay. Bullying can include name-calling, teasing, threats or
actual violence, and almost always includes the intent to hurt or harm the target. Bullying typically
involves an imbalance of power between the bully and the victim. Bullying can rise to discriminatory
harassment when the basis of the bullying is a protected characteristic such as gender, race, or disability
(Paula Maddox Roalson).
Bullying involves a combination of an imbalance of power, an intent to cause harm, and repetition.
Bullying exists in many forms:
 Verbal bullying: taunting, teasing, name calling, and threatening;
 Physical bullying: hitting, tripping, kicking, spitting, and pushing;
 Social bullying: spreading rumors, manipulating social relationships, demanding money or
property, or intimidation; and
 Cyber-bullying: electronic acts including use of texting, social media websites such as Facebook
or YouTube, and email to humiliate targets.
26
In Texas, bullying is defined in Chapter 37, Sec. 37.0832 of the Texas Education Code as follows
(new language in italics):
(a) “Bullying” means engaging in written or verbal expression, expression through electronic means, or
physical conduct that occurs on school property, at a school-sponsored or school related activity, or in
a vehicle operated by the district and that:
(1) has the effect or will have the effect of physically harming a student, damaging a student’s
property, or placing a student in reasonable fear of harm to the student’s person or of damage to
the student’s property; or
(2) is sufficiently severe, persistent, and pervasive enough that the action or threat creates an
intimidating, threatening, or abusive educational environment for a student.
(b) Conduct described by Subsection (a) is considered bullying if that conduct:
(1) exploits an imbalance of power between the student perpetrator and the student victim
through written or verbal expression or physical conduct; and
(2) interferes with a student’s education or substantially disrupts the operation of a school.
As you can see in subsection (b), the definition of bullying requires that the conduct “exploit an
imbalance of power.” This language should help administrators distinguish a typical squabble between
peers from an act of bullying. However, whether the conduct “creates an intimidating, threatening, or
abusive educational environment for a student” may be subjective, and depend on the particular
sensitivities of the student.
The Department of Education cites the following as possible effects of student-on-student harassment
and bullying:
 Lowered academic achievement
 Self-harm and suicidal thinking
 Increased anxiety
 Feelings of alienation in the school
environment, such as fear of other
 Loss of self-esteem and confidence
children
 Depression and post-traumatic stress
 Absenteeism from school
 General deterioration in physical health
There are many additional things to consider when bullying claims are made by or against a student with
a disability. First, be aware that students with disabilities are often more vulnerable to bullying and
harassment because of the disability. Those with special needs are often more likely to be targets, either
because their differences single them out in the classroom or because they have difficulty in
communicating and in reading social cues. By way of example, the National Autism Society has
reported that 40 percent of students with autism and 60 percent of those with Asperger’s syndrome have
been victims of bullying. Studies have also shown that people with disabilities are more likely to be
victims of harassment or assault than their non-disabled peers, due in part to limited physical or
intellectual capabilities.
Second, be aware that bullying based on disability triggers additional obligations because the bullying
may constitute peer-on-peer harassment prohibited by Section 504 of the Rehabilitation Act (Section
504) and Title II of the Americans with Disabilities Act (ADA).
Third, understand that claims of bullying may trigger additional obligations under the Individuals with
Disabilities Education Act (IDEA), the federal law that requires school districts to provide a free,
appropriate public education (FAPE) to eligible students with disabilities. For example, a student with a
disability who has reported bullying may need additional services, revisions to his or her educational
27
program, or a change of educational placement. Decisions regarding a special education student’s
identification, evaluation, or placement, or the provision of FAPE to the student, must be made by the
student’s IEP Team.
Fourth, the laws, standards, and policies regarding bullying may at times conflict with the laws,
standards, and policies regarding students with disabilities. For example, board policy may require
discipline for a student accused of bullying, however, the district’s ability to discipline a student with a
disability is limited by IDEA and Section 504.
Finally, the manner in which bullying claims should be investigated and the mechanisms for parents and
students to file complaints about bullying are different when the alleged bully or victim is a student with
a disability.
The Department’s Office for Civil Rights (OCR) is responsible for enforcing antidiscrimination laws in
the school system. OCR has jurisdiction over discrimination and harassment claims under Title IX
(sex/gender), Title VI (race, color, or national origin), and Section 504 and Title II of the ADA
(disability). Bullying claims could fall under OCR’s jurisdiction if the bullying is harassment based on
one of these protected characteristics.
A District may be held liable under Section 504 and Title II for student-on-student disability harassment
if it was aware of the harassment or in the exercise of reasonable care should have been aware of the
harassment, but failed to take immediate and appropriate action to address the harassment and prevent
its recurrence. OCR Investigation, July 12, 2010, 56 IDELR 84. (Paula Maddox Roalson).
Parents have legal rights when their child with a disability is the target of bullying or disability
harassment. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 are the federal laws that apply if the harassment denies a student with a
disability an equal opportunity to education. The Office for Civil Rights (OCR) enforces Section 504
and Title II of the ADA. Students with a 504 plan or an Individualized Education Program (IEP) would
qualify for these protections.
According to a 2000 Dear Colleague letter from the Office for Civil Rights, “States and school districts
also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act
(IDEA), which is enforced by OSERS [the Office for Special Education and Rehabilitative Services], to
ensure that a free appropriate public education (FAPE) is made available to eligible students with
disabilities. Disability harassment may result in a denial of FAPE under these statutes.”
The letter further outlines how bullying in the form of disability harassment may prevent a student with
an IEP from receiving an appropriate education: “The IDEA was enacted to ensure that recipients of
IDEA funds make available to students with disabilities the appropriate special education and related
services that enable them to access and benefit from public education. The specific services to be
provided a student with a disability are set forth in the student’s individualized education program (IEP),
which is developed by a team that includes the student’s parents, teachers and, where appropriate, the
student. Harassment of a student based on disability may decrease the student’s ability to benefit from
his or her education and amount to a denial of FAPE .” The bottom line is that bullying is a very serious
issue and must be dealt with immediately and with care.
28