No. 113.3-AR PLEASANT VALLEY SCHOOL DISTRICT Brodheadsville, Pennsylvania 18322 Procedural Guide for Section 504/Chapter 15 for Protected Handicapped Students Chapter 15 is the Pennsylvania regulation pertaining to Section 504 of the 1973 Federal Rehabilitation Act. School districts must ensure that protected students with handicaps under Chapter 15 have equal opportunity to participate in school programs and extracurricular activities to the maximum extent appropriate to the ability of the student. In order to ensure that students who may be protected by Section 504/Chapter 15 are provided with the accommodations and services that they may need, federal and state law requires that public school entities take a number of actions designed to ensure that students and parents know their rights and have procedures available to enforce their rights. In order to determine if a child meets the criteria of being a protected handicapped student and, if so, what accommodations or services may be required, the school district has established written protocols and administrative procedures to ensure compliance with applicable law and to guide the analysis for determining if a child is entitled to services and accommodations. To meet the criteria of a Section 504/Chapter 15 as a protected handicapped student, the student must have a physical, mental, or health disability that substantially restricts a major life activity and which prohibits access to or safe participation in the student’s school program and activities. The Section 504/Chapter 15 Regulations do not define any specific diseases or disabilities, nor are the regulations intended to limit the range of diseases or medical conditions that might be applicable. Also, if a student is disabled, it does not follow that he/she is automatically entitled to be provided with any services or accommodations. Determining whether an impairment substantially restricts a student’s major life activity is not easy, but is critical in deciding Section 504/Chapter 15 eligibility. The following procedures and related information should provide guidance and assistance in identifying and meeting the needs of designated protected handicapped students. Referral for Evaluation A student can be referred for an evaluation by the parent or school district staff. Although parental permission is not required, the school district will seek written permission, as good professional practice would suggest. 1. Parental referrals must be submitted in writing. Upon receipt, the school district will issue a Notice of Parent-Initiated Evaluation/Provision of Services form (See No. 113.3-AR-2) following a review of the parent’s written request. 2. Within twenty-five (25) school days of receipt of the written request of the parent for the provision of services, the school district shall evaluate the information submitted by the parent and send a written response to the request of the parent. The school district’s response to the parent shall be in the parent’s native language or mode of communication and shall state the following: Whether the parent’s request or a portion of the parent’s request is being granted or denied. 8-09 Page 1 of 4 No. 113.3-AR The right of the parent to meet with the appropriate school official(s) to discuss the issues associated with accommodating the student. That procedural safeguards are made available to students and their parent(s). Parents/Guardians using the procedural safeguards in this chapter may also file suit in federal court under Section 504. If, upon evaluation of the information submitted by the parent, the school district determines that it needs additional information before it can make a specific recommendation concerning the parent’s request, the school district shall ask the parent to provide additional medical records and/or grant the school district permission to evaluate the student. 3. If the school district is initiating the evaluation, the applicable school counselor will issue a Notice of School District Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR-1). The school district will also provide parents with the Procedural Safeguards 504/Chapter 15 Protected Handicapped Student (See No. 113.3-AR-4). 4. Some warning signs for evaluations: When student returns to school after a serious illness or injury; Pattern of not benefiting from instruction; Chronic and/or life-threatening health conditions; Chronic suspension or potential expulsion; When a special education evaluation is completed and student does not qualify under IDEA; and/or When a disability of any kind is suspected. Section 504/Chapter 15 Evaluation The evaluation is conducted by the Section 504/Chapter 15 Team, which is a team knowledgeable about the student, evaluation data and/or support options. The evaluation is conducted in order to determine eligibility for services or accommodations under Chapter 15 of the state regulations and Section 504 of the Rehabilitation Act of 1973. In order to determine student eligibility, the team will review the student’s current educational and medical records, as well as any other pertinent records or information, when conducting the evaluation. In all cases, the team is comprised of at least the building administrator, student’s school counselor and parent. However, the parent may choose not to participate. It is also highly recommended that, whenever possible, the student’s teacher (s) be included in the team. Other members may include, as is applicable, the school psychologist, school nurse, cafeteria supervisor (food allergies), bus driver(s), etc. The evaluation will be conducted within a reasonable period of time, which is considered to be sixty (60) calendar days. A Section 504/Chapter 15 Eligibility Determination form (See No. 113.3-AR-3) will be completed. Section 504/Chapter 15 Service Agreement If the student is eligible (i.e., he/she is disabled and entitled to accommodations or services), a Section 504/Chapter 15 Protected Handicapped Student Service Agreement (See No. 113-AR-5) is developed. An Invitation to Section 504/Chapter 15 Meeting form (See No. 113.3-AR-7) and 8-09 Page 2 of 4 No. 113.3-AR the Procedural Safeguards 504/Chapter 15 Protected Handicapped Student (See No. 113.3-AR4) can be sent home to the parent to invite them to the meeting at which the Service Agreement is developed. The Service Agreement must adequately address services or accommodations that are needed in order to enable the student to access and safely participate in school programs and activities. Once the Service Agreement is developed and signed by both the parent and the building principal or designee, the school counselor will distribute copies of the Service Agreement with the Section 504/Chapter 15 Staff Notification Letter (See No. 113.3-AR-6) to all relevant staff. The school counselor will then collect the Section 504/Chapter 15 Staff Notification Letters that were distributed to staff and place them with the current Service Agreement in the student’s Chapter 15 guidance file. Section 504/Chapter 15 Service Agreement Renewal The Service Agreement should be renewed at least annually. In order to obtain parent input regarding the appropriateness of the student’s current Service Agreement, the Notice of School District Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR-1) should be sent to the parent with the Section 504/Chapter 15 Procedural Safeguards (See No. 113.3-AR-4) approximately one month before the current Service Agreement expires. If the parent would like to schedule a meeting regarding the student’s Service Agreement, an Invitation to Section 504/Chapter 15 Meeting (See No. 113.3-AR-7) should be provided to them by the school counselor. If the parent and school district agree that the current Service Agreement remains appropriate and does not need to be amended, the school counselor should reissue the Service Agreement with revised dates and signatures. If the parent indicates the student is no longer in need of a Service Agreement, the school counselor will provide the parent with a Notice of Parent Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3AR-2). If a new Service Agreement has been developed, the school counselor will update distribution of the Service Agreement and Section 504/Chapter 15 Staff Notification Letters (See No. 113.3-AR-6). Re-evaluation Although state and federal regulations do not give specific timelines for re-evaluation, calling only for periodic reevaluation, the school district will reevaluate students eligible as protected handicapped students at least every three (3) years. Consistent with the initial evaluation process, the school district will issue the Notice of School District Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR1) to the parent with an attached copy of the Procedural Safeguards 504/Chapter 15 Protected Handicapped Student (See No. 113.3-AR-4) to initiate the reevaluation process. Once permission is obtained, the school district will review any updated information submitted by the parents along with pertinent school records and reconvene the team to determine continuation of student eligibility as a protected handicapped student using the Section 504/Chapter 15 Eligibility Determination form (See No. 113.3-AR-3). The school district will complete any and all reevaluations within sixty (60) calendar days. Exiting Section 504/Chapter 15 Services In order to exit a student from Section 504/Chapter 15 services, the appropriate form is generated: If the school district is initiating the process, a Notice of School District Initiated Evaluation/Provision of Services form (See No. 113.3-AR-1) is to be sent to the parent; or if the parent is initiating the process, a Notice of Parent Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR-2) is 8-09 Page 3 of 4 No. 113.3-AR provided to the parent for completion and submittal. The Invitation to Section 504/Chapter 15 Meeting (See No. 113.3-AR-7) and the Procedural Safeguards 504/Chapter 15 Protected Handicapped Student (See No. 113.3-AR-4) are then provided to the parent. Once the team has met to consider the request and a determination has been made, a Section 504/Chapter 15 Eligibility Determination form (See No. 113.3-AR-3) must be completed. Procedures for Storage, Transfer and Dissemination of Student Section 504/Chapter 15 Files The following procedures are to be followed: For all students evaluated for Chapter 15 eligibility, a Chapter 15 file will be established and kept as part of the student’s guidance file. In the student’s Chapter 15 file, all relevant Chapter 15 documentation should be kept. Such documentation includes, but is not limited to, the following: Notice of School District Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR-1) stapled to the Section 504/Chapter 15 Eligibility Determination form (See No. 113.3-AR-3) along with any supporting documentation. Notice of Parent Initiated Evaluation/Provision of Services for a Section 504/Chapter 15 Protected Handicapped Student form (See No. 113.3-AR-2) stapled to the Section 504/Chapter 15 Eligibility Determination form (See No. 113.3-AR-3) along with any supporting documentation. Invitation to Section 504/Chapter 15 Meeting (See No. 113.3-AR-7) stapled to a Section 504/Chapter 15 Protected Handicapped Student Service Agreement (See No. 113-AR-5). Section 504/Chapter 15 Staff Notification Letters (See No. 113.3-AR-6) for each Service Agreement (stapled together). Other pertinent documentation Chapter 15 records shall be treated as confidential student records as per Board policy and pertinent state and federal laws and regulations and retained as per Board Policy No. 800 and its accompanying regulations (see No. 800-AR). The Chapter 15 file should be treated as a cumulative file and no portion of it should be destroyed unless done so as per Board policy. As part of the school district’s inter-building transition process, the sending school counselor is responsible for providing the receiving school counselor with an organized and complete Chapter 15 file for each protected handicapped student. Prior to the date the Service Agreement goes into effect, the school counselor is responsible for copying and disseminating the Service Agreement with the accompanying Section 504/Chapter 15 Staff Notification Letter (See No. 113.3-AR-6) to all relevant staff members. At each building, a centralized list is to be kept, by grade, of all students with current Service Agreements. This list should be forwarded electronically to the school district’s special education office, in care of the secretary, any time an update to the list occurs. This will provide a centralized building and district-wide list of all students with current Service Agreements. Discipline Students receiving Chapter 15/Section 504 services are provided disciplinary consequences in accordance with guidelines that are applicable to Chapter 14 students. 8-09 Page 4 of 4