Policy 9060 – Rehabilitation Act of 1973 Compliance: Section 504

The HCPSS will ensure that all students eligible for 504 Plans receive a FAPE in the least restrictive environment. The principal or assistant principal will serve as the public agency representative identified as the school’s Administrative Building Coordinator (ABC) to ensure the provisions of FAPE.

The following students with disabilities are protected from discriminatory practices:

A student with a temporary impairment will be eligible for a 504 Plan if the temporary impairment is of such a severity that it results in a substantial limitation of one or more major life activities for an extended period of time. In determining eligibility for a student who may have a temporary impairment, the 504 Team will consider on a case-by-case basis, if a temporary impairment is substantial enough to be a disability taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected student.

The HCPSS Child Find process will be used to identify students with disabilities who are eligible for services under Section 504.

HCPSS obligations under Section 504 will be disseminated to HCPSS employees at the beginning of each school year through appropriate HCPSS publications and professional learning as appropriate.

A parent may request an eligibility determination for their child by submitting a verbal or written request to the HCPSS school-based members of the 504 Team.

Any HCPSS school-based employee may refer a student attending the employee’s assigned school to the school-based members of the 504 Team.

The 504 Team will make the determination as to whether a referred student is a student eligible for a 504 Plan.

For every student eligible for a 504 Plan, the 504 Team will develop a written 504 Plan which will include accommodations and/or reasonable modifications.

HCPSS employees will implement the 504 Plan as written by the 504 Team.

A student eligible for a 504 Plan will have the same opportunity to participate in extracurricular activities as any other student, consistent with Section IV. of the implementation procedures of this policy.

The HCPSS will assure that no student protected under Section 504 or their parents will be retaliated against on the basis of the student’s disability.

All records relating to a student’s 504 Plan will be maintained in compliance with the Family Educational Rights and Privacy Act (FERPA).

If a student’s parent or eligible student is dissatisfied with a decision of the 504 Team relating to identification, evaluation, or educational placement they may:

If the parent or eligible student believes the student has been discriminated against on the basis of disability in violation of Section 504, they may file a complaint, with the Office for Civil Rights of the U.S. Department of Education.

Accommodations and/or reasonable modifications may not impose an undue hardship on the educational institution or materially alter or change the nature of the academic or nonacademic program.

The Superintendent/designee will disseminate information regarding 504 compliance to appropriate HCPSS school-based personnel.

The Superintendent/designee will investigate and make decisions regarding any alleged violations of this policy.

The Superintendent/designee will ensure that annual Section 504 professional development will be provided to appropriate HCPSS employees.

Principals will ensure that all students with 504 Plans receive the accommodations and/or modifications specified in their 504 Plans.

504 Plan – A written document developed for an eligible student that allows the student to receive a free and appropriate public education in the least restrictive environment.

504 Team – A group of individuals possessing knowledge of a student, the student’s evaluation data, placement options, Section 504, and this policy. The team may consist of the student’s parent, the student, the student’s teacher, the school counselor, the case manager, the principal/designee, and the HCPSS school-based professional qualified to interpret the implications of evaluations.

Accommodation – A strategy, service, or facility modification that allows a student to access academic, nonacademic, and extracurricular activities comparable to peers without disabilities.

Administrative Building Coordinator (ABC) – The principal or assistant principal who serves as the public agency representative for the school district and ensures the provisions of a FAPE for eligible students at individual schools.

Case Manager – An individual appointed by the principal of the school who will handle administrative responsibilities related to the student’s 504 Plan.

Child Find Process – Procedures under which HCPSS employees must identify and locate all children with disabilities.

Discrimination – Any act or omission due to an individual’s status or perceived status in a protected class that creates an intimidating, hostile, or offensive working or educational environment; or substantially interferes with an individual’s work or education; or otherwise is sufficiently serious to limit an individual’s employment opportunities; or to limit a student’s ability to participate in or benefit from an educational program.

Extracurricular Activities – HCPSS-sponsored activities available to students beyond the regular school day, which are voluntary and not required for the satisfactory completion of a particular class.

Family Educational Rights and Privacy Act (FERPA) – A federal privacy law that governs school system’s processing of personally identifiable student information and delineates parental rights to their children’s education records.

Free Appropriate Public Education (FAPE) – Provision of regular, special education and/or related services designed to meet a student’s individual educational needs.

Harassment – Includes actual or perceived negative actions that offend, ridicule, or demean another person with regard to race, ethnicity, national origin, immigration status, family/parental or marital status, sex, sexual orientation, gender identity, gender expression, religion, ancestry, physical attributes, socioeconomic status, physical or mental ability, disability, or political opinion.

Howard County Public School System (HCPSS) Employee – An individual who is a permanent or temporary employee whose compensation is paid in whole or part by the Board and/or an individual who is a student teacher, an intern, consultant, or an independent contractor for the school system.

Intimidation – Any communication or action directed against another person that threatens or induces a sense of fear and/or inferiority. Retaliation may be considered a form of intimidation.

Least Restrictive Environment – The educational setting in which a student eligible for a 504 Plan can be educated with non-disabled peers to the maximum extent appropriate.

Major Life Activity – Functions including but not limited to, caring for oneself, performing manual tasks, walking, standing, lifting, bending, seeing, hearing, speaking, reading, concentrating, thinking, communicating, learning, working, eating, sleeping, breathing, and operating major bodily functions.

Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

Physical or Mental Impairment – Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, or any mental or psychological disorder in accordance with Section 504 regulation, 34CFR§104(3)(j)(2)(i).

Placement – Services that a student with a disability will receive in order to obtain a FAPE.

Reasonable Modifications – Alteration of policies, practices and procedures for a student to avoid discrimination on the basis of their disability without fundamentally altering the nature of the curriculum, service, program or activity.

Retaliation – The act or process of threatening or otherwise penalizing a person for: reporting an alleged violation of this policy or for participating in an investigation of an alleged violation.

Substantially Limits – A term that refers to an individual who is limited in performing a major life activity (condition, manner or duration) compared to a typical student in the general population.

Temporary Impairment – Substantial limitation, actual or expected, of one or more major life activities of an individual for an extended period of time, such as a broken limb that will eventually heal.

Undue Hardship – An action requiring significant difficulty or expense.