McGuffey School District
McGuffey Middle School
86 McGuffey Drive
Claysville, PA 15323
724-948-3323
Fax # 724-948-2413
McGuffey High School
86 McGuffey Drive
Claysville, PA 15323
724-948-3328
Fax # 724-948-3344
Joe Walker Elementary Claysville Elementary
2510 Park Avenue
119 Main St. PO BOX 421
Washington, PA 15301 Claysville, PA 15323
724-222-3061
724-663-7772
Fax # 724-222-2630
Fax # 724-663-4298
ADMINISTRATIVE PROCEDURES FOR DISABLED STUDENTS
UNDER SECTION 504, REHABILITATION ACT OF 1973
AND CHAPER 15, PROTECTED HANDICAPPED
PURPOSE OF SECTION 504/CHAPTER 15: The purpose of the Act and these
procedures is to prohibit discrimination and to assure that disabled student have
educational opportunities and benefits equal to those provided to nondisabled students in
school programs and extra curricular activities, to the maximum extent appropriate.
PROTECTED HANDICAPPED/DISABLED STUDENTS: An eligible student is a
student of school age, who (a) has, (b) has a record of having, or (c) is regarded as
having, a physical or mental disability that substantially limits or prohibits participation
in or access to an aspect of the student's school program. This impairment must
substantially limit a major life activity such as caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, working and the
operation of major bodily function.
CHILD FIND OBLIGATION: Annually notify persons with disabilities and their
parents or guardians of the School District’s responsibilities under Section 504.
EDUCATIONAL NEED: A substantial limitation on learning must be demonstrated by
an educational need i.e., a serious academic deficit and/or serious behavior problems
resulting from the student’s disability and not from other causes. Educational needs also
include students with physical disabilities that have a need for accommodations to access
the general education program including extracurricular activities.
DEFINITION OF IMPAIRMENT: “Physical or mental impairment” means (a) any
physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting
one or more of the following body systems: neurological; musculoskeletal; special sense
organs; including speech organs; cardiovascular; reproductive, digestive, genitor-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 disabilities, (c) or recovery from alcohol or substance abuse (current use
of illegal drugs is not under 504).
AGE: Eligible disabled student between the ages of 3 and 21 who have not graduated
are covered by these procedures.
DUAL ELIGIBILITY: Many disabled students will be eligible for educational services
under both Section 504/ Chapter 15 and the Individuals with Disabilities Education Act
(IDEA). The procedures set out herein are applicable only to Section 504/Chapter 15.
Parents and/or students seeking services under the IDEA are referred to the district’s
Special Education Division and its designated contact person, the Supervisor of Special
Education.
PLACEMENT OF SECTION 504/CHAPTER 15 – ONLY STUDENTS: Disabled
students who do not meet the specific criteria for eligibility under the IDEA may not be
placed in special education programs. Students who meet the eligibility requirements for
Section 504/Chapter 15 only, may be placed in, and receive services through, regular
education programs on the same basis as nondisabled students.
REFERRALS: Parents or guardians shall make a written referral to the Section
504/Chapter 15 Building Coordinator,, who will present their requests for educational
services to a Section 504/Chapter 15 Committee for determination
SECTION 504/CHAPTER 15 EVALUATIONS: Evaluations must be completed
within 60 calendar days of receipt of parental written permission.
School District Initiated: Any school staff member may refer a student for consideration
for evaluation under Section 504/Chapter 15. If it is determined that an evaluation is
appropriate, written notice will be sent to the parents and will include:
A) A statement that the District believes the student is handicapped;
B) The basis for this belief;
C) A permission to evaluate which will include the procedures and types of tests that
will be administered;
D) The District may request additional medical records, these records can include:
1. A diagnosis
2. The basis of the diagnosis
3. A prognosis
4. A treatment plan
C) A copy of the procedural safeguards
PARENT INITIATED: Parents may initiate an evaluation for provision of services to
begin, terminate, change, or modify an existing Service Agreement by written request to
the building principal. This written request should include all relevant medical records.
The District will respond in writing to the parents’ written request for evaluation and
services within 25 days of the receipt of the written request. This response shall state:
A) Whether the parent’s request or a portion of the parents request is being granted or
denied;
B) The procedural safeguards available to students and their parents;
C) The District’s request for additional records and/or information, if appropriate.
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D) The parents’ right to meet with the appropriate school officials to discuss the
issues associated with accommodating the student
E) The parents’ right to file suit in federal court under § 505.22 Pa. Code § 15.6 (d)(e).
SECTION 504/CHAPTER 15 SERVICE AGREEMENT: If a disability
determination is made through the evaluation a meeting should be held to develop a
Service Agreement. If the parent does not attend, the Service Agreement should be based
on all available information, signed by the building principal, and mailed home to the
parent for approval. Aids, services, or accommodations can begin upon the District’s
receipt of the properly executed agreement.
A. Document Requirements
1. If the parent and the District agree as to what related aids, services, or
accommodations should or should no longer be provided to the protected
handicapped students, the parent and the District will enter into or modify a
Service Agreement, which:
a) Will be executed by a District representative and a parent;
b) Will set forth the specific aids, services, or accommodations to be
provided;
c) Will specify the dates to begin and discontinue the Service Agreement;
and
d) Will specify emergency medical procedures, if appropriate.
2. The Service Agreement may also include:
a) The dates of specific evaluations given;
b) A statement that all parties recognize the student as a protected
handicapped student;
c) A statement of the handicapping condition;
d) A statement of the extent to which the handicapping condition
substantially limits access to a major life activity and what activity is
limited;
e) The goals and objectives which the aids, services, or accommodations
intend to address; and
f) The location where the aids, services, or accommodations will be
provided.
3. If the parent and District cannot agree as to the related aids, services, or
accommodations that should or should not be provided to the protected
handicapped student, either party might invoke the procedural safeguard system.
The District will notify the parents/guardian of their rights in writing.
B. Service Agreement Expiration, Renewal, and Transition
1. The Committee should convene, prior to the expiration of the Service
Agreement, a meeting to determine if aids, services, or accommodations should
be terminated, renewed, changed, or modified. The parent should be given
reasonable prior notice (i.e., 10 days) to the date and time of this meeting and
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should be invited to attend. If the parent does not attend, the team should use all
available information to make a determination as to whether either:
(a) the renewed Service Agreement or, (b) a letter explaining the reasons for nonrenewal, will be sent to the parent subsequent to the meeting. In either case, the
parent will be given a notice of Procedural Safeguards.
2. The Committee will forward all supporting 504 documents to the appropriate
school. The team will be available for consultation.
PREPLACEMENT EVALUATION: An evaluation shall be conducted before any
action is taken to place a student or make a significant change in placement in an
instructional program.
Evaluation data may include, but is not limited to, formal and informal test instruments,
aptitude and achievement tests, teacher recommendations, physical or medical reports,
student grades, progress reports, parent observations, functional behavior assessment and
anecdotal reports.
ADAPTIVE BEHAVIOR: The evaluation may include a consideration of the student’s
adaptive behavior, defined as the effectiveness with which the student meets the
standards of personal independence and social responsibility expected of his or her age
and cultural group.
IQ SCORE: Evaluation shall be tailored to assess specific areas of educational need. A
single general IQ score does not constitute an evaluation.
TEST VALIDATION: Formal test instruments, if required, shall be validated for the
specific purpose for which they are used. They shall be administered by trained
personnel in conformance with the instructions provided by their producer.
REEVALUATION: Eligible disabled student shall be reevaluated every three years (or
more frequently if conditions warrant). Reevaluations must be done prior to a significant
change in placement.
EXPULSION: Before an expulsion or other exclusion that constitutes a significant
change in placement, the Chapter 15 Committee must conduct a “manifestation
determination” to determine whether the student’s conduct was caused by his/her
disabling condition. Such a determination should be based on current evaluation data.
If it is determined by the Chapter 15 Committee that the misconduct is not caused by the
student’s disabling condition, the student may be excluded from school in the same
manner as similarly situated nondisabled students are excluded.
If it is determined by the Chapter 15 Committee that the misconduct is caused by the
student’s disabling condition, the student may not be expelled. The Chapter 15
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Committee must then determine whether the student’s current educational placement is
appropriate.
Pursuant to “Appendix A” of 34 CFR Part 104, students who are substance abusers: (1)
May be held to the same standard of performance and behavior that nondisabled students
are held to; and (2) May not be excluded from school if they can successfully participate
in the educational program, comply with the rules, and their behavior does not impede the
performance of other students.
Rules concerning use or possession of drugs and alcohol will be applied to substance
abusers and will be enforced evenly with respect to all students, both disabled and
nondisabled.
STUDENT RECORDS: The parents or guardians shall have the opportunity to examine
relevant education records upon reasonable notice during school hours or at other
mutually convenient times by prior arrangement.
SECTION 504/CHAPTER 15 SERVICES: Services to be provided under Section
504/Chapter 15 include: Academic, Nonacademic, and Extracurricular services and
activities. Academic services include the use of supplementary aids and services.
Accommodations will be afforded but must be framed so as to give the student equal
opportunity to achieve commensurate to the opportunities provided to nondisabled
students. Nonacademic and extracurricular services include, but, are not limited to
counseling services, physical recreational athletics, transportation, health services,
recreational activities, special interest groups or clubs sponsored by the recipients,
referrals to agencies which provide assistance to handicapped persons, and employment
of students, including both employment by the recipient and assistance in making
available outside employment.
SECTION 504/CHAPTER 15 COORDINATOR: The district has designated the
School Psychologist or designee as its Section 504/Chapter 15 Coordinator for Students,
who may be contacted at 724-663-5364. The Building Section 504/Chaper 15 designee
will be the building principal.
PARENT RIGHTS: The Building designee will provide parents or guardians with
Procedural safeguards. This notice of parental rights includes an opportunity to review
relevant records and a right to impartial hearing. Parents or guardians will be notified of
their right to request a hearing regarding the identification, evaluation, or educational
placement of individuals with disabilities; and review procedures. notify the parents of
their rights under Section 504/Chapter 15.
SECTION 504/CHAPTER 15 COMMITTEE: The Chapter 15 Committee shall be
composed of at least two persons, including person(s) knowledgeable about the student,
the meaning of the evaluation data, the placement options, the legal requirements to place
a disabled child in the least restrictive environment, and the legal obligation to provide
comparable facilities to disabled students.
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NOTICE OF COMMITTEE: Prior to taking any action regarding the Section
504/Chapter 15 identification, evaluation, or placement of a student believed to be in
need of accommodations or related services, the school district will provide the parents or
guardian with prior written notice.
DUE PROCESS RIGHTS: In the event of a disagreement between the parents or
guardian and the school district in regard to the identification, evaluation, or educational
placement of a disable student, the parents or guardian have the right to an impartial
hearing, with an opportunity to participate and be represented by an attorney.
GRIEVANCE PROCESS – INFORMAL CONFERENCE: Parents or guardians who
wish to challenge a decision of the Chapter 15 Committee shall file a written request with
the School District for an Informal Conference.
Within 10 school days of receipt of the request the district will convene an informal
conference. At the conference, every effort shall be made to reach an amicable
agreement.
FORMAL DUE PROCESS HEARING: Parents may file a written request with the
School District for an impartial Due Process hearing to be held before an impartial
hearing officer. The following are some details about the due process hearing:
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The hearing shall be held in the local school district at a place reasonably
convenient to the parents. At the request of the parents, the hearing may be
held in the evening.
The hearing shall be an oral, personal hearing and shall be closed to the public
unless the parents request an openhearing.
If the hearing is open, the decision issued in the case, and only the decision,
shall be available to the public.
If the hearing is open, the decision issued in the case, and only the decision,
shall be available to the public.
If the hearing is closed, the decision shall be treated as a record of the student
and may not be available to the public.
The decision of the hearing officer shall include findings of fact, a discussion
and conclusions of law. The decision shall be based solely upon the
substantial evidence presented at the hearing. A written transcript of the
hearing shall, upon request, be made and provided to parents at no cost.
Parents may be represented by any person, including legal counsel.
A parent or a parent’s representative shall be given reasonable access to all
educational record, including any tests or reports upon which the proposed
action is based.
Any party may prohibit the introduction of any evidence at the hearing that
has not been disclosed to that party at least 5 days before the hearing.
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A parent or a parent’s representative has the right to compel the attendance of
and question witnesses of the school entity or agency who may have evidence
upon which the proposed action might be based.
Any party has the right to present evidence and testimony, including expert
medical, psychological, or educational testimony.
The Secretary of Education will contract with the Office for Dispute
Resolution for the services of impartial hearing officers, who preside over
initial hearings on behalf of local districts on behalf of the PA Department of
Education and may compensate hearing offices for their services. The
compensation shall not cause hearing offices to become employees of the
Department. The hearing officer may not be an employee or agent of the
school entity in which the parents or student resides, or of any agency which
is responsible for the education or care of the student.
The following timeline applies to due process hearings:
o 1.
A hearing shall be held within 30 calendar days after a parent’s
initial request for a hearing.
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The hearing officer’s decision will be issued within 45 calendar
days after the parent’s request for a hearing.
REVIEW PROCEDURE: If the parents or guardian disagree with the decision of the
impartial hearing officer, they may seek a review of the decision by a court of competent
jurisdiction.
COMPLAINTS: Parents or guardians who allege that the school district has violated
the provision of Section 504 may: (1) file a complaint with the Section 504/Chapter 15
Coordinator, or Building designee, who will investigate the allegations to the extent
warranted by the nature of the complaint in an effort to reach a prompt and equitable
resolution; or (2) file a written request for assistance to: Pennsylvania Department of
Education
Bureau of Special Education
333 Market Street
Harrisburg, PA 17126
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