Evaluations will be proposed after the Section 504 team reviews the referral information. Prior to taking any action which would result in a significant change in placement in an instructional program for the referred student, the District shall conduct an Evaluation of the referred student. The Newburyport Public Schools will conduct an evaluation that will include school district assessments and review of other relevant information, e.g. grades, review of records, health information, and classroom participation and performance. The District is ultimately responsible for collecting evaluative data concerning a suspected disability, including collecting additional evaluative material when a doctor’s note is provided for a diagnosis. Tests and other evaluation materials shall be administered by trained personnel and shall be reliable and valid for the purposes for which they are being used. Evaluations conducted by school personnel will be administered during the school day and may result in the student missing some instructional time.  

Section 504 requires informed parental consent for the initial evaluation. Upon receipt of parent consent to conduct the evaluation, the school district has 45 school days to complete the evaluations and hold a 504 Eligibility Meeting.

 

Reevaluations 

Section 504 requires periodic reevaluations, generally every three years, and more frequently if conditions warrant that suggest the student’s existing Section 504 plan may not be providing the student with a FAPE.

 

Additionally, Section 504 also requires a reevaluation before any significant change in placement 34CFR 104.35(d). Reevaluation can consist of a comprehensive evaluation or a review of the student data and student service/Section 504 plan. Examples of significant changes in placement which require reevaluation include: expulsion; series of suspensions which exceed 10 days (consideration must be given to the frequency of suspensions, the length of each and their proximity to one another); and significantly changing the composition of the student’s class (e.g., moving the student from regular education to a special education classroom).

The 504 Eligibility Team will schedule a meeting to determine eligibility for a Section 504 Accommodation Plan. The entire Team will consider all provided assessment reports and information from the variety of sources. The team must be composed of group of persons (Section 504 Team), including persons knowledgeable about your child, the meaning of the evaluation data, the placement options. 34 CFR 104.35. The 504 Team meeting may proceed when the parents are not present, but every effort should be made and documented by the 504 coordinator/chairperson to have parents attend the meeting, such as calling them or rescheduling the meeting.

Eligibility for a Section 504 Plan is determined using a three-pronged approach that considers if the student: 

1. 1. Has a physical or mental impairment 
2. That substantially limits. 
3. A major life activity. 

In order to be considered an individual with a disability under Section 504, all three prongs need to accurately reflect the student. 

The completed 504 Plan will be implemented immediately. Section 504 Accommodation Plans in Massachusetts do not require a parent/guardian's signature. All teachers and other school personnel with a "need to know" status will be informed of the accommodations included in the Plan.

Should the Team find the student not eligible for a Section 504 Plan, the Team will encourage the student and family to discuss with the teachers the differentiated instructional approaches and District Curriculum Accommodation Plan options that are implemented routinely within the classroom and that may be helpful to the student. Furthermore, if the family disagrees with the findings of the Team, they may ask to reconvene the team or exercise their due process rights in accordance with Section 504 of the Rehabilitation Act of 1973.

Placement decisions must be made by a group of persons (Section 504 Team), including persons knowledgeable about your child, the meaning of the evaluation data, and the placement options. Section 504 has a least restrictive environment requirement similar to the IDEA and students with disabilities and students without disabilities must be placed in the same setting, to the maximum extent appropriate.

In interpreting evaluation data and making placement decisions, the 504 Team must:

• Draw upon information from a variety of sources;
• Ensure that all information is documented and considered;
• Ensure that the placement decision is made by a group of persons including those who are knowledgeable about the child, the meaning of the evaluation data and placement options; and
• Ensure that the student is educated with non-disabled peers to the maximum extent appropriate. To the maximum extent appropriate, the District must educate students who are disabled with non-disabled students in the least restrictive environment. In order to remove a child from the regular educational environment, the District must demonstrate that education of the student in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. 34 CFR § 104.34; 34 CFR 104.35(c).

Districts must provide FAPE (regular or special education and related aids and services including home tutoring) to a qualified student with a disability in the District's jurisdiction. Instruction must be individually designed to meet the needs of the student as adequately as the needs of non-disabled students. Section 504 does not require Districts to develop an IEP. The District will document that the Section 504 Team convened and specify the agreed upon services in a document called a Section 504 Plan. The quality of educational services provided to students with disabilities under Section 504 must be equivalent to the services provided to non-disabled students. Teachers must be trained in the instruction of persons with the disability in question and appropriate materials and equipment must be available. 34 CFR 104.33(b).
 

The District must ensure that adequate transportation to and from school and school sponsored activities is provided at no greater cost than would be incurred by the parent if the student did not have a disability under Section 504. If the district provides transportation to all its students within a certain geographic area, it may not discriminate in its provision of transportation to students with a disability. The length of the bus rides for students with disabilities should not be longer than that of non-disabled students. If a District proposes terminating a qualified student’s bus transportation for inappropriate bus behavior, the District must hold a Section 504 team meeting and provide the parents with notice of their rights.

Forms documenting the referral, evaluation, qualification, and 504 plan of a student under Section 504 should be maintained in the student’s record.

A student eligible for Section 504 accommodations can be subject to disciplinary action. A student in a 504 program is subject to the school’s student code of conduct, unless otherwise specified in the student’s Section 504 Plan. The student’s Section 504 Plan may include a behavior management plan, which outlines disciplinary options to be used. In some cases, inappropriate behavior may cause the student to be removed from classes and/or school for a few days or to be sent to an alternative education program, such as a supervised setting separate from regular classes or in-school suspension. In either case, the student will be given the opportunity to complete assignments and earn course credit.  If this exclusion or a pattern of exclusions exceeds 10 days, the Section 504 Team will convene to conduct a manifestation determination.

A Manifestation Determination is a meeting of the 504 Team to determine whether the student’s behavior is caused by, or has a direct and substantial relationship to, his/her disability when a student is removed from classes to such an extent that it constitutes a significant change of placement.

If, at the manifestation determination hearing,  it is determined that the disabled student’s misconduct is caused by his/her disabling condition, the student may not be suspended or expelled from school. The 504 Team will then determine whether the student’s current educational placement or accommodation plan is appropriate. The District will provide its notice of procedural safeguards to the parent or guardian prior to a manifestation determination hearing, and before taking any disciplinary action that would constitute a significant change in placement. 

If the team determines that the behavior is a manifestation of the student’s disability, it must evaluate the student to determine if the student’s current placement is appropriate. Parents are entitled to notice and procedural safeguards when a manifestation determination is conducted. The Team must also determine whether the student’s 504 plan is being followed. If not, and the failure to implement the student’s 504 plan led to the incident, the student may not be disciplined. The Team should also address whether the Student needs any additional behavioral supports to ensure the student receives a FAPE.