Section 504/Chapter 15 for Protected Handicapped Students

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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.
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
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
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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
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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.
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