What is Section 504?

As amended, Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal law designed to protect the civil rights of individuals with disabilities in the programs and activities that receive federal financial assistance. Specifically, Section 504 indicates that no otherwise qualified student with a disability can be excluded from participation, denied benefits, or subjected to discrimination under any program or activity receiving federal funds.

Who is Protected?

Students with qualified disabilities may be eligible under Section 504. The definition of a “qualified individual with a disability” under Section 504 means any person:

• Who has a physical or mental impairment that substantially limits one or more major life activity.
• Who has a record of such type of impairment.
• Who is regarded as having such an impairment.
  

Physical Impairment	Mental Impairment
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, genitourinary, hemic or lymphatic, skin and endocrine.	Any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major Life Activities
Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and operation of a major bodily function.

This is not an exhaustive list, as what constitutes a major life activity may vary from person to person. In a school setting, consideration of major life activities includes, but is not limited to, the basic activities that are necessary to access learning.

The determination of a limitation to one or more major life activity must be made without regard to an beneficial effect of mitigating measures (e.g., medication, medical supplies, equipment, low-vision devices, prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies, etc.).

A student who is not disabled but has a record of, or is regarded as, having a disability under Section 504 is protected from discrimination based on disability insofar as an alleged discriminatory action is based on that history or perception.  The fact that a student has a “record of” or is “regarded as” having an impairment is insufficient by itself to require accommodations. A student qualifies for services under Section 504 when that individualmeets the definition of disability under Section 504 and is determined to be eligible by a knowledgeable committee.

FCPS shall offer a free appropriate public education (FAPE) to each qualified student with a disability. Services provided to qualified students are not required to produce identical results or level of achievement with nondisabled peers. Services must be designed to offer an equal opportunity to gain the same benefit within the most integrated setting appropriate.

FCPS School Board Regulation 1454, Declaration of Nondiscrimination—Students with Disabilities, designates procedures for the implementation of Section 504 in FCPS.

FCPS has a responsibility to identify and evaluate those students who are believed to qualify as disabled under Section 504. FCPS also has a responsibility to provide notice to a student’s parent/guardian prior to evaluation, identification, reevaluation, and/or placement.

Referral

When there is reason to suspect that a general education student has a disability and is in need of accommodations, modifications, and/or services in order to access the programs and activities offered by FCPS, a referral shall be made to the local screening committee (LSC) for review. Referrals can be made either orally or in writing by a parent/guardian, private practitioner, counselor, teacher, or any other individual.

Referrals should be documented on a Multipurpose Referral  form (SS/SE-5). If an oral referral is made, the referral source should be asked if they want to complete the Multipurpose Referral form, or the principal or designee shall complete it on their behalf.

Referrals should be directed to the principal or designee selected to receive referrals. Whether provided orally or in writing, the date the referral is received must be noted on the Multipurpose Referral form. Page two of the Multipurpose Referral form (SS/SE-5A) must be completed by the student’s classroom teacher or other appropriate school staff member(s) if the student has more than one teacher.

Local Screening Committee (LSC)

The LSC must convene within ten business days following the receipt of a referral. The date the referral was received and the date on which the LSC convened are recorded on the Student Audit Trail  (SS/SE-8).

For all referrals, the LSC must consist of the following members, at a minimum:

• Principal or designee
• School psychologist
• Special education teacher
• General education teacher
• Referral source, except if inclusion of the referral source would breach the confidentiality of the student.

The parents must be invited to the LSC meeting orally and in writing by way of a Notice of Local Screening Meeting  (SS/SE-83). This notice letter should be accompanied by the following documents:  

• Virginia Special Education Procedural Safeguards Requirements  (SS/SE-4)
• Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92)
• Parent Input  form (SS/SE-127).

Schools are advised to contact the parent/guardian by telephone or in person to explain the local screening process prior to the provision of these documents. The parent/guardian must be notified of the meeting early enough to ensure they have an opportunity to participate; however, the meeting must be held within ten business days of the referral date. If parent/guardian cannot attend the meeting, school staff members should consider alternative ways for the parent/guardian to participate (e.g., phone or video conference/call.).

During the LSC meeting, the committee shall review information from a variety of sources. The information reviewed should pertain to the student’s functioning in the school environment and should include, as available, the referral; educational records such as aptitude and achievement tests, report cards, and/or teacher recommendations; oral or written observations; evaluations of adaptive behavior; social and cultural background; medical, psychological, and/or other specialty reports; and parent information. 

Following this review, the LSC may do the following:

• Determine that an evaluation for special education services under IDEA is not warranted at this time.
• Determine that there is a need for an evaluation for special education under IDEA.
• Refer the student to another resource such as child study team (CST), teacher assistance team (TAT), multi-tiered systems of support (MTSS) team, professional learning community-response team (PLC-RT), etc.
• Determine that there is a need for an evaluation for qualification under Section 504.
• Determine whether the student qualifies as disabled under Section 504.

Making Initial Qualification Decisions

If, upon review of the Multipurpose Referral form and available information, the LSC determines that there is insufficient evidence to suspect that a disability warrants an evaluation for special education under IDEA, but suspects a disability under Section 504, the LSC will:

• Complete a Notice Not to Evaluate  (SS/SE-13) to indicate the decision not to evaluate for special education eligibility.
• Indicate “Do not conduct evaluation” on the Local Screening Committee Report  (SS/SE-14).
• Indicate “Pursue the following action” with a notation that the LSC will pursue a Section 504 evaluation.

In some cases, the LSC may determine that while a special education evaluation is warranted, there may be sufficient existing information to consider whether the student would qualify with a disability under Section 504. In these cases, the LSC will:

• Indicate “Conduct Evaluation” [for special education] on the Local Screening Committee Report and determine recommended assessments for special education.
• Indicate that it will move forward to consider initial Section 504 qualification on the Local Screening Committee Report.

If the LSC chooses to reconvene at a later date to hold the 504 initial qualification determination meeting, a Notice of Section 504 Meeting  (SS/SE-281) will be completed and sent to the parent/guardian (and student, if appropriate) along with a copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards  (SS/SE-92) within 10 business days.

Determining Eligibility under Section 504

The LSC shall complete a Section 504 Qualification  form (SS/SE-85) for students suspected of having a disability under Section 504. 

The Section 504 Qualification form has two pages:  

• Page one: data review and evaluation
• Page two: qualification criteria (504 eligibility).

Page one of the Section 504 Qualification  form must document the following:

• Demographic information
• Names and titles of knowledgeable committee members
• Presenting problem
• Data review (sources of evaluation and current information considered)
• Evaluation (considering the need for additional data in order to determine 504 qualification)
• If additional data is needed, the knowledgeable committee will propose required assessments.
• Parental consent decision.
  

In order to move forward in consideration of an initial 504 qualification, written parent/guardian consent must be provided for the evaluation (whether or not formal assessments are required). 

If the parent/guardian refuses to give consent for a 504 evaluation, the committee will not move forward to page two of the form and will not make a decision regarding Section 504 qualification.

If formal assessments are recommended and consent has been provided by the parent/guardian, the meeting will adjourn, and members will reconvene within 65 business days of the referral to allow time for the completion of assessments.

In the event that there is sufficient evaluation data, and the parent has given consent for an initial 504 evaluation, the knowledgeable committee may immediately move forward to 504 qualification consideration.

Page two of the Section 504 Qualification  form must document the following:

• Identification of the physical and/or mental impairment(s)
  • “Physical or mental impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine, or any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.
• The major life activity (or activities) limited by the impairment(s)
  • “Major life activity” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.
  • A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
  • An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
• Description of the limitation of the student’s impairment on the identified major life activity (or activities).
  • An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.
  • Individuals being considered for qualification under Section 504 should not be disqualified solely because they manage their own adaptive strategies or receive accommodations (including informal or undocumented ones) that have reduced or eliminated the effects of a physical or mental impairment.
  • The determination of limitation to one or more major life activity must be made without regard for any ameliorative effects of mitigating measures that include, but are not limited to, a student health care plan (HCP), medication, medical supplies, equipment, low-vision devices ^[1] , prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies, assistive technology, accommodations, auxiliary aids or services; or learned behavioral or adaptive neurological modifications.

• The LSC’s determination of Section 504 qualification
  • The LSC will state whether the student qualifies with a disability under Section 504.
• A list of the LSC members participating in the determination
  • The parent(s) and/or guardian (and student, if appropriate) should also be included in this list if they are present at the meeting.  All participants should provide their signature next to their printed name and role or title.  It should be explained that parent consent for qualification is not required, and the signatures only indicate participation. In the event that the meeting was held virtually (online), participation signatures will not be required. 

All participants should provide their signature next to their printed name and role or title to indicate participation in the meeting. 

Parent signature does not indicate consent for qualification under Section 504.

In the event that the meeting was held via teleconference or video conference, participant signatures will not be required; however, the LSC is required to obtain a parental signature indicating the consent to move forward with the 504 evaluation process on page one of the Section 504 Qualification.

A copy of the Section 504 Qualification form (SS/SE-85), along with the Local Screening Committee Report ( SS/SE-14 )  and the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards  (SS/SE-92), shall be provided to the parent.  

Knowledgeable Committee Membership

If the student qualifies with a disability under Section 504, a committee of knowledgeable people shall meet to determine whether accommodations are required for the student to access their education within 30 calendar days following the initial qualification.

The 504 Plan is a statement of the required accommodations, modifications, and/or services that FCPS will provide to a student.

The knowledgeable committee mustinclude the following people:

• Principal or designee
• Teacher(s) who are, or will be, working with the student.

The committee should include those persons who work directly with or supervise the student in an educational setting and will be responsible for implementing the proposed accommodations, modifications, and/or services.

Other committee members such as the school psychologist, public health nurse, school social worker, school counselor, and/or related service provider(s) may be included as appropriate to the needs of the student.

The parent/guardian must be invited to the Section 504 meeting and provided the opportunity to provide input via the Parent Input  Form.  In addition, schools should, whenever possible, work with the student to solicit his or her feedback regarding 504 Plan supports and invite the student to participate in the meeting as appropriate.

504 Plan Development

The Notice of Section 504 Meeting  (SS/SE-281) is used to invite the parent/guardian to the meeting along with copies of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92), Parent/Guardian Input  Form (SS/SE-127) and copy of the 504 Plan Meeting Agenda  (SS/SE-339).  The meeting notice, procedural safeguards, parent/guardian input form, and agenda should be sent to the parents no less than 2 days in advance of the meeting, to allow the parents adequate time to review and prepare for the meeting.

During the 504 Plan meeting, the knowledgeable committee reviews the specific needs of the student in the educational setting and completes a 504 Plan  form (SS/SE-86), using the 504 Plan Meeting Agenda to help ensure that the committee is addressing all the student’s pertinent disability-related needs.  The 504 Plan includes accommodations, modifications, and/or services, including medication administration, necessary to provide the student an equal opportunity to access programs and activities and to demonstrate achievement. 

The accommodations, modifications and/or services provided are determined by a consensus of the committee and must be supported by data.

The focus of the 504 Plan is on what is necessary for the student as a result of the limitation of his or her impairment on one or more major life activity.

The knowledgeable committee shall determine whether the student who qualifies as a student with a disability under Section 504 requires classroom testing accommodations and whether those accommodations or modifications should be provided for any state and/or district-wide assessments.  These decisions shall be recorded on the appropriate 504 Plan Accommodations  form (SS/SE-86A, 86B, or 86D).

If the knowledgeable committee considers the read aloud (for the English:  Reading Standards of Learning [SOL] assessment) or calculator accommodations, the committee must use the Read Aloud or Audio Accommodation Criteria Form (SS/SE-274) and/or the 504 Plan Calculator Criteria Form (SS/SE-272) to determine whether the student meets the criteria to utilize the specific accommodation on the SOL tests.

In addition, discussions by a knowledgeable committee regarding the option to pursue credit accommodations can begin at any point after the student’s 8 ^th grade year. Committees shall use the Credit Accommodation Eligibility Form (SS/SE-353) to document their decision-making.

Federal law requires an annual English Language Proficiency (ELP) assessment to be administered to all students identified as Multilingual Learners (MLs) in grades K-12 ELP levels 1-5 and 9.  MLs whose parent/guardian has refused ML services are still required by federal law to participate in the annual assessment. The WIDA ACCESS for ELLs (English-language learners) and certain alternate tests are approved by the Virginia Department of Education (VDOE) to meet this requirement. For those MLs who also have a documented disability, 504 Plan knowledgeable committees must work collaboratively with ML staff, utilizing the WIDA ACCESS for ELLs Accommodations Selections form (RF 7).

A copy of the 504 Plan shall be provided to the parent/guardian following its completion . Parental consent is not required prior to the implementation of a 504 Plan for a student.The principal is responsible for adherence to the overall procedures and implementation of a 504 Plan. Each individual working with or supervising the student shall be provided access to the 504 Plan and will comply with the applicable components. The 504 Plan remains in effect as specified until either a new 504 Plan is developed, at least annually, or the knowledgeable committee determines through reevaluation that the student no longer qualifies as a student with a disability under Section 504.

Section 504 Services

A service is a practice or program, or any related service (S/L, OT, VI etc.) for which the student has been evaluated and it has been determined the student requires to receive a FAPE. 

It is important to note that if a student with a disability receives a Section 504 evaluation and is found to have intensive needs/services, it would be prudent for the LSC to consider whether that student should be recommended for a special education evaluation.

Individual Health Care Plans and Section 504

An individual health care plan (IHCP) is the best way to manage health conditions at school.

If the student requires health related accommodations or services beyond the individual health care plan, a referral should be made to the LSC to determine if there is a need for an evaluation for qualification under Section 504 of the Rehabilitation Act of 1973. If found eligible, the Section 504 knowledgeable committee will determine what accommodations and/or services the student requires based on their documented disability.

The existence of a health condition and/or IHCP, in and of itself, does not necessitate the development of a 504 Plan. 

Plan Review and Revision

The principal or designee is responsible for ensuring that 504 Plans are reviewed at least annually or more frequently as conditions warrant. (Generally, this is the 504 school-based coordinator (SBC). Section 504 case managers are responsible for planning and facilitating these meetings.  The purpose of this review is to determine the appropriateness of the Plan and to make any needed modifications.  The participants in 504 Plan meetings should be those individuals relevant to the discussion of the student’s accommodations, modifications, and/or services.  At a minimum, the committee must consist of at least one of the student’s teachers and a principal or designee.  Use the Notice of Section 504 Meeting (SS/SE-281) to invite the parent and/or guardian to the meeting.  A separate SS/SE-281 may be used to invite the student, as well.  A copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (“504 Procedural Safeguards” ) must be sent with the notice, along with a copy of the 504 Plan Meeting Agenda (SS/SE-339) and Parent Input  form (SS/SE-127).

Prior Written Notice

A prior written notice (PWN) is a written notice provided to parent/guardian when the school division proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child, or the provision of a FAPE.

Each 504 Plan that is completed must also have an accompanying PWN to be provided to the parent within a reasonable period (10 business days).

Components of PWN:

• A description of the action proposed or refused.
• An explanation of why the team proposes or refuses to take the action.
• A description of any other options the team considered and the reasons for the rejection of those options.
• A description of each evaluation procedure, assessment, record, or report the team used as a basis for the proposed or refused action.
• A description of any other factors that are relevant to the team’s proposal or refusal.
• A statement that the parent(s) of a child with a disability have protection under the procedural safeguards of this chapter and the means by which a copy of a description of the procedural safeguards can be obtained.
• Sources for the parent(s) to contact in order to obtain assistance in understanding the provisions of PWN or procedural safeguards.

The knowledgeable committee shall convene for a Section 504 Causality Hearing to assess whether the behavior requiring disciplinary action was caused by or directly related to a qualified student’s disability when the following is true:

• A referral to the Division Superintendent (which could result in a long-term suspension, reassignment, or a recommendation for expulsion being forwarded to the School Board.
• A decision is made to remove a Section 504-qualified student from school for more than ten consecutive school days in a school year.
• The Section 504-qualified student is subjected to a series of removals during a school year that accumulates to more than ten school days.

Parent/guardians should be notified with sufficient time to allow them the opportunity to attend, participate, and provide input at the Section 504 causality hearing. The school shall use the Parent Notice of Section 504 Causality Hearing  (SS/SE-220A) to notify the parent(s) and/or guardian of the meeting. A copy of the 504 Procedural Safeguards (SS/SE-92) shall be included with the meeting notification letter. The knowledgeable committee shall complete a Section 504 Causality Hearing  form (SS/SE-220) and forward it to the Superintendent’s hearing officer when there is a recommendation for expulsion or exclusion. The following scenarios apply:

• If a student is qualified under Section 504, and the committee determines that the student’s conduct was caused by or had a direct and substantial relationship to the child’s disability, and/or the student’s conduct was a direct result of the school division’s failure to implement the 504 Plan, then the determination is that the conduct is a manifestation of the student’s disability. The student may not be disciplined in the same manner as a nondisabled student. The committee shall determine whether the student’s educational program should be modified.
• If a student is qualified under Section 504, and it is determined that the student’s conduct is not a manifestation of the student’s disability, the student may be disciplined in the same manner as a nondisabled student, including the cessation of services.

When a student transfers into an FCPS school and/or program with a 504 eligibility and/or Plan, the SBC must complete a 504 transfer process for the student, as soon as practicable, but no later than five school days following enrollment and/or first day of attendance. The receiving school is required to implement the existing 504 Plan, as documented within the 504 transfer document, until the knowledgeable committee convenes to review the student’s needs and develops an FCPS 504 Plan within 30 calendar days of the student’s enrollment.

The knowledgeable committee shall conduct a reevaluation of each student’s qualification as a student with a disability under Section 504:

• Every three years
• More frequently, as necessary

The date of the student’s initial or most-recent reevaluation of Section 504 qualification is documented on the 504 Plan. The reevaluation date is then calculated by adding three years to the initial or most-recent reevaluation review date.  Prior to the reevaluation review date, information should be collected from teachers and other school staff members who work with the student for review at the reevaluation meeting. The Teacher Narrative  form (SS/SE-22) should be used to assist in data collection, along with a review of additional, relevant information.

The knowledgeable committee shall convene a reevaluation meeting with the purpose of reviewing evaluation information and determining if the student continues to qualify as a student with a disability under Section 504. The Section 504 Qualification  form (SS/SE-85) is used to guide the committee’s review and determination.  If existing data is sufficient to use for purposes of considering continued Section 504 eligibility, no parental consent is required for the reevaluation. However, if additional individual assessments are needed in order to determine if the student continues to qualify, written parent consent for formal assessments is required. Upon completion of assessments, the knowledgeable committee will reconvene and consider continued qualification under Section 504 (no more than 65 days following the referral).

Forms documenting the referral, evaluation, initial qualification, reevaluation, 504 Plan, and any causality hearings for a student considered for and/or qualified with a disability under Section 504 should be maintained in the student’s scholastic record.  

If a student transfers to another school within FCPS, the file is to be forwarded to the new school in accordance with regulations.  Please refer to the Management of the Student Scholastic Record, Appendix A ,  regarding organization of student records.

The student’s parent or guardian may examine his or her child’s educational record upon request (see Management of the Student Scholastic Record  manual).  Electronic records pertaining to a student, including those created within or added to the FCPS online platform for special education and Section 504 processes (“SEA-STARS”), are considered to be a part of the student’s scholastic record.

Section 504 requires an evaluation in order to change an eligible student’s qualification under Section 504. However, a request to revoke consent can be made to the Section 504 case manager at any time. After consent is revoked, the Section 504 process should stop immediately. This includes screening, eligibility, re-evaluation and/or development/implementation of a Section 504 Plan, as well as any scheduled or future annual reviews. Once consent is revoked, the student is no longer eligible under Section 504 and is therefore no longer entitled to Section 504 accommodations/modifications and/or services. When consent is revoked, the parent/guardian should receive a copy of the Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards (SS/SE-92)Section and Prior Written Notice. If the parent/guardian wishes to revisit Section qualification in the future, a new referral to local screening committee should be submitted, and the screening/review process will start over.

If a parent/guardian requests the revocation of their student’s Section 504 qualification the case manager will offer a Section 504 Plan meeting to discuss parental concerns, potential changes to a Section 504 Plan, reevaluation, or revocation of consent. Parents will need to complete the Section 504 Revocation form (SS/SE 379).

FCPS or the parent/guardian of a student (or an adult student) with a disability as defined by Section 504 may request an impartial hearing to resolve any disagreement regarding the identification, evaluation, accommodations, modifications, and/or services; provision of FAPE; or causality determination of the student with a disability.  Requests for a hearing that raise issues pursuant to both Section 504 and IDEA may, at the discretion of the hearing officer, be heard together through the IDEA hearing procedures provided by federal and state law, regulations, and FCPS policies.

Requesting an Impartial Hearing

Requests for an impartial hearing shall be made in writing and delivered to the Senior Manager III of Due Process and Eligibility.  The request shall include the name of the student, the address of the residence of the student (or available contact information in the case of a homeless student), the name of the school the student is attending, a description of the nature of the issues/concerns with supporting facts, and a proposed resolution of the issues/concerns.

If the request does not include all of the required information, it may be returned to the parents within five business days of receipt by the senior manager III with a request to provide the missing information within five additional business days.  The remaining procedures will not proceed until the additional information is received from the parents.

A hearing may only be requested within one year of the date the parents knew, or should have known, about the alleged actions or facts that form the basis of the complaint.

FCPS will provide a written response to the request for hearing.  The response will be delivered to both the parent/guardian and the hearing officer within 10 business days of receipt of a request for a hearing that includes all of the required information.  If FCPS requests an impartial hearing, parent/guardians will have the same option to respond.

Assistance will be provided to persons who may need it in order to comply with the requirements to file a written request for an impartial hearing.

Appointment of Hearing Officer

An impartial hearing officer will be appointed by the senior manager III of Due Process and Eligibility from the list of special education due process hearing officers maintained by the Office of the Executive Secretary of the Supreme Court of Virginia.  The senior manager III will contact the Office of the Executive Secretary to request the name of a hearing officer within five business days of receipt of a request for a hearing that includes all of the required information for filing a request for a hearing and will follow up as necessary until a hearing officer is appointed.

Pre-Hearing/Hearing Procedures

Prior to the hearing, the hearing officer shall do the following:

• Convene a prehearing conference with the parties, unless the hearing officer determines such a conference is unnecessary.
• Identify the specific issues to be addressed during the hearing based on the request for hearing and any response provided by the other party.
• Schedule a hearing date and location with input from the parties and notify the parties in writing of such information.
• Ascertain whether the parties will be represented by counsel.
• Ascertain from the parents whether the hearing will be open or closed.
• Ensure that the hearing will be accurately recorded by a court reporter who is paid for his/her attendance by the school division.
• Require that the student be evaluated, if appropriate.
• Require the parties to exchange a list of witnesses and any documents to be presented during the hearing at least five business days in advance of the hearing unless otherwise permitted by the hearing officer for good cause shown, with a copy provided to the hearing officer as well.

Hearing Procedures

The parties have the following rights in the hearing:

• To be represented by counsel with each party being responsible for its own attorneys’ fees.
• To present evidence and cross-examine witnesses.
• To request that the hearing officer prohibit the introduction of evidence or the testimony of a witness that had not been disclosed five business days in advance of the hearing.
• To obtain a copy of the transcript of the hearing.

The hearing officer shall ensure the following in connection with the hearing:

• An atmosphere conducive to impartiality and that fairness exists.
• The issues raised in the hearing are limited to those identified in the request for a hearing and any response filed, or to any subsequent amendment to the request or the response when allowing such amendment is mutually agreed to by the parties or as otherwise permitted by the hearing officer for good cause shown.
• The parties and their attorneys, advocates, or advisors comply with the impartial hearing officer’s rules, and with relevant laws and regulations, and are not permitted to pursue hostile or irrelevant pursuits in questioning.
• Actions are taken to move the case to conclusion, including dismissing the pending proceeding if either party refuses to comply in good faith with the impartial hearing officer’s orders.
• An accurate record of the proceedings is maintained.  The party requesting the hearing has the burden of proof.
• The hearing is completed within 45 calendar days of receipt of the request for a hearing or of a subsequent agreed-upon amendment, unless an extension is granted at the request of either party for good cause or by mutual agreement of the parties.

The hearing officer shall issue a decision:

• A written decision shall be issued to all parties setting forth findings of facts and conclusions of law based on the evidence presented in the hearing.  The decision shall be issued within 15 business days of the conclusion of the hearing.  The decision is final and binding unless party files a timely civil action in an appropriate court.

Any questions regarding these procedures should be directed to the senior manager III of Due Process and Eligibility.

Form Title	Form Number
Multipurpose Referral (Page 1 of 2)	SS/SE-5
Multipurpose Referral (Page 2 of 2) IMPORTANT: This fillable form may create problems in Google Chrome. Please open using another web browser OR download from the web to your device, then open in a PDF reader, such as Adobe Reader.	SS/SE-5A
Notice of Local Screening Meeting Translations: 中文  한국어 español Tiếng Việt العربية اردو	SS/SE-83
Local Screening Committee Report Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-14
Notice Not to Evaluate Translations:    中文    فارسی    한국어    español    Tiếng Việt    العربية    اردو	SS/SE-13
Section 504 of the Rehabilitation Act of 1973 Procedural Safeguards Translations: አማርኛ বাংলা 中文    فارسی    Français 한국어 پښتو    Russian Español Türkçe    Tiếng Việt    العربية    اردو	SS/SE-92
Section 504 Qualification Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-85
Parent/Guardian Input Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-127
Notice of Section 504 Meeting Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-281
504 Plan Meeting Agenda	SS/SE-339
504 Plan Translations: 中文  한국어  español  Tiếng Việt  العربية  اردو	SS/SE-86
504 Plan Elementary School Accommodations	SS/SE-367
504 Plan Middle School Accommodations	SS/SE-368
504 Plan High School Accommodations	SS/SE-369
504 Plan Services Translations: 中文 한국어 español Tiếng Việt العربية اردو	SS/SE-86S
504 Plan Read Aloud or Audio Accommodation Form Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-274
504 Plan Calculator Criteria Form Translations: 中文 한국어 español Tiếng Việt العربية اردو	SS/SE-272
Credit Accommodations Eligibility Form	SS/SE-353
Special Permission Locally Awarded Verified Credit Accommodation (SPLAVC-A) Criteria Form Translations: 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-348
Parent Notice of Section 504 Causality Hearing	SS/SE-220A
Section 504 Causality Hearing	SS/SE-220
Section 504 Prior Written Notice Translations: 中文 한국어 español Tiếng Việt اردو	SS/SE-86P
504 Transfer Student documentation	SS/SE-86T
Consent to Exchange Confidential Student Translations:    中文    فارسی    한국어    español    Tiếng Việt    العربية    اردو	SS/SE-79A
Section 504:  Parent Consent for Individualized Assessment	SS/SE-86G
Student Observation	SS/SE-23
Teacher Narrative	SS/SE-24
Section 504 Revocation of Consent Translations: አማርኛ 中文 فارسی 한국어 español Tiếng Việt العربية اردو	SS/SE-379

Schools are expected to use the SEA-STARS online platform to complete 504 Initial Qualification, Section 504 Plan, reevaluation, and transfer processes.

Forms documenting the referral, evaluation, initial qualification, reevaluation, 504 Plan, transfer, and any causality hearings for a student considered for and/or qualified with a disability under Section 504 should be maintained in the student’s scholastic record.

The student’s parent/ guardian may examine their child’s educational record upon request. (see  Management of the Student Scholastic Record  manual).

Category	IDEA	Section 504
Primary Focus	Educational benefit	Equal access  for students with disabilities
Who is Covered	Handicapping conditions defined. Those with impairments that adversely affect educational performance and require special education and related services.	No eligibility categories. Those with impairments that substantially limit a major life activity.
Purpose of the Plan	Goals and objectives outlined for the student  (what the student  will do).	Accommodations, modifications, and/or services provided to the eligible student by the teacher(s) or relevant school staff members  (what the teacher or staff member will do).
Consent	Parent consent is required for eligibility, initial services, and changes in placement.	Parent consent is required for initial Section 504 evaluations and any formal assessments. Parents are invited to participate in the evaluation meeting and in the development of the plan.
Regulations	IDEA – many specifics	OCR (Office for Civil Rights) – few specifics
Parent Participation	Procedural rights to participate.	Invite parent participation; procedural rights to notice of all meetings.
Due Process	Due process rights.	Right to an impartial hearing.
Stay Put	Last agreed-upon placement.	No stay-put provisions.
Funding	All states receive federal funding.	No federal funding.
Monitoring	Virginia Department of Education (VDOE) is required to develop regulations and to monitor the provision of special education.  United States Department of Education (USDOE) oversees implementation.	Office for Civil Rights (OCR) monitors Section 504 compliance.

Section 504 is designed to eliminate discrimination against any student with a disability in any program offered by the school division.

Who Is Covered?

• Any student who has, has a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activity.
• Those individuals for whom there is a record of impairment, or who are regarded as having an impairment (but who are not currently identified with an impairment under Section 504) are protected from discrimination but are not considered “qualifying students.”

What Is Required?

• Qualifying students must have an opportunity to access all activities and programs and cannot be denied participation because of their disability.
• Qualifying students with a disability must be offered a free appropriate public education (FAPE).  FAPE is the provision of accommodations, adaptations, modifications, and/or services that provides the student an equal opportunity to participate.
• Each school must provide equal opportunities to students under Section 504 to obtain the same result, to gain the same benefits, or to reach the same level of achievement.  However, this does not mean that the student WILL obtain the same result, gain the same benefit, or reach the same level of achievement.
• Transfers:  If a student who is qualified with a disability under Section 504 transfers into FCPS from a non-FCPS school, the 504 school-based coordinator (SBC) must complete a 504 transfer process for the student, as soon as practicable but no later than five school daysfollowing enrollment and/or first day of attendance.  The 504 transfer document shall be implemented until a knowledgeable committee at the receiving school convenes and develops an FCPS 504 Plan within 30 calendar daysof the student’s enrollment.

Qualifying Factors:

• The local screening committee (LSC) determines initial Section 504 qualification.  Written parent consent is required for all initial 504 evaluations and for any formal assessments.
• The LSC must identify the presence of a physical or mental impairment and the major life activity limited by the impairment.
• The knowledgeable committee conducts reevaluations of a student’s Section 504 qualification at least once every three years or more frequently as circumstances warrant.
• Current illegal use of drugs or alcohol is not an impairment protected under Section 504.

The Plan:

• A knowledgeable committee composed minimally of the principal or designee and a teacher of the student develops the 504 Plan for qualified students.
• The parent is invited but does not have to attend or approve of the 504 Plan.
• The 504 Plan should reflect the unique needs of the student and relate directly to the impairment.  Only the accommodations, modifications, and/or services necessary for the student to have an equal opportunity to access programs and activities should be included.
• The knowledgeable committee must meet at least once a yearto review the 504 Plan and update as appropriate.
• The knowledgeable committee determines if the student no longer qualifies as a student with a disability under Section 504.

Disciplinary Protections:

• The knowledgeable committee must conduct a causality hearing following a decision to remove a student from school for more than ten daysin a school year.
• If there is not a direct and substantial relationship between the disability and the behavior resulting in disciplinary action, the student may be disciplined in the same manner as a nondisabled student, including cessation of educational services.
• Causality determination is not required if the student is engaging in the illegal use of drugs or alcohol and is being disciplined for the use or possession of illegal drugs or alcohol.

Procedural Safeguards:

• Parents and qualified students are entitled to certain procedural safeguards.
• Section 504 Procedural Safeguards are provided to parents at several points during the process.  They are provided prior to initial evaluation, during reevaluation, with the 504 Plan, and during any disciplinary action that may require a causality hearing.
• Inquiries may be directed to Due Process and Eligibility (571-423-4470) or the Section 504 specialist (571-423-1304).

View the Special Education Glossary Common terms and acronyms related to special education instruction, procedures, and services.

ACRONYM	MEANING
504 SBC	504 School Based Coordinator
ADA	Americans with Disabilities Act
ADHD	Attention Deficit Hyperactivity Disorder
CST	Child Study Team or Child Specific Team
DPE	Due Process and Eligibility
ELP	English Language Proficiency
EOC	End of Course
ESOL	English for Speakers of Other Languages
FAPE	Free Appropriate Public Education
FCPS	Fairfax County Public Schools
FERPA	Family Educational Rights and Privacy Act
FOIA	Freedom of Information Act
FRC	Family Resource Center
HCP	Health Care Plan
IDEA	Individuals with Disabilities Education Act
IEP	Individualized Education Program
LEA	Local Education Agency
LEP	Limited English Proficiency
LSC	Local Screening Committee
ML	Multilingual Learner
MTSS	Multi-Tiered Systems of Support
OCR	Office for Civil Rights
PHN	Public Health Nurse
POC	Point of Contact
PSL	Procedural Support Liaison
PWN	Prior Written Notice
SOL	Standards of Learning
SWD	Students with Disabilities
VDOE	Virginia Department of Education

Section 504 Meeting Flowchart: Text Only

1. Referral
   Multipurpose Referral form, Pages 1 and 2 (SS/SE-5 and 5A) received and sent to LSC.
2. Local Screening Committee (LSC) Meeting
   • Must be held within 10 business days of the referral.
   • Committee makes determination regarding the need for evaluations to determine special education eligibility.
   • Committee makes determination to evaluate for qualification under Section 504 given a suspicion of a disability.
3. Section 504 Initial Qualification
   • LSC completes page 1 of the Section 504 Qualification form (SS/SE-85)
   • Parent/guardian consent is required prior to completing page 2.
   • LSC completes page 2 of the Section Qualification form (SS/SE 85) if provided consent for Section 504 evaluation.
4. Section 504 Plan
   • The knowledgeable committee convenes within 30 calendar days to determine if a 504 Plan with accommodations is required.
   • A 504 Plan is created to include required accommodations, modifications, and/or services that FCPS will provide to a student.
   • Section 504 Plans are reviewed annually or as conditions warrant.
5. Section 504 Reevaluation
   • The knowledgeable committee convenes to conduct a reevaluation of each student’s qualification as a student with a disability under Section 504.
   • Section 504 eligibility is reviewed every 3 years or as conditions warrant.

View the Special Education Glossary Common terms and acronyms related to special education instruction, procedures, and services.

Topics:

504 Data Review and Evaluation Section 504 Plan Section 504 Reevaluation Testing Accommodations Dually Identified Students Dyslexia Revocation After School/Extracurricular Activities Post Secondary Homebound Services Functional Behavioral Assessment and Behavior Intervention Plan Private/Homeschooled Students Temporary Impairments Moving from a 504 Plan to IEP Transfer Students Bullying and Harassment 

504 Data Review and Evaluation Questions	Answers
How does the local screening committee determine if the team should be recommending a Section 504 evaluation rather than an evaluation for special education?	The local screening committee has the obligation to evaluate a student for special education if there is a suspicion that the student may have a disability under the Individuals with Disabilities Education Act (IDEA).  If the student is ultimately found eligible for special education, an individualized education program (IEP) is developed.  Sometimes, the LSC may determine that a student should be evaluated under Section 504 prior to the conclusion of the special education evaluation process, if there is a strong likelihood that there is enough current data to move forward with 504 qualification.  If the LSC does not choose to consider 504 initial qualification at the same time that it is evaluating the student for special education, and the student is found ineligible for special education, and/or there is no suspicion of a disability under IDEA, the student’s qualification under Section 504 may be considered.
What happens if a parent provides a private assessment which indicates that an impairment exists, but school-based data does not reflect the same concerns	All relevant information, including private assessments and school-based data, should be reviewed and considered by the committee to make a 504 qualification determination.
If a student is not performing to his or her perceived potential, does that qualify as an impairment of a major life activity?	Not necessarily. The impact on a major life activity must be assessed based on all relevant information.
Can a student have a disability under Section 504 if (s)he is doing well academically? Does there need to be educational impact in order to qualify as a student with a disability under Section 504.	Yes, a student can qualify under Section 504 regardless of academic performance. Academic performance alone does not determine eligibility.
What happens if the parent provides documentation of an impairment, such as ADHD, but no major life activity is limited by the impairment?	The limitation needs to be assessed without mitigating measures. Good grades may be due to accommodations or medication, and teams should evaluate if the impairment limits major life activities without these measures.
If a parent provides a doctor’s note or a prescription for 504 qualification, or recommendations for accommodations, how does this influence the decision of the school-based team?	The committee reviews all relevant information, including private assessments and school-based data. The team looks for patterns and parallels and may speak with the doctor, with parent consent, to clarify the information.
How does the knowledgeable committee determine whether a mental or physical impairment exists?	The committee considers all available and relevant data. If necessary, the knowledgeable committee may recommend additional assessments to address the student’s needs and make an eligibility determination.
Is a medical or psychological diagnosis required for a student to qualify with a disability under Section 504?	A medical diagnosis may be considered but is not required. Various sources, including medical diagnosis, tests, teacher recommendations, and adaptive behavior, are used to determine qualification under Section 504.
If a parent cannot be present or refuses to attend an initial 504 evaluation meeting, does this mean parent consent has not been given and we cannot proceed with a 504 qualification determination?	The committee will need to complete the first part (Data Review/Evaluation) of the Section 504 Qualification form (SS/SE-85) and then send it home for parent’s consent decision. Should the parent not consent to an initial 504 evaluation, the team will notproceed to make a 504 qualification decision.
Is there a specific timeline for completion of 504 testing?	The school team must complete the assessments and return to a 504 initial qualification or reevaluation meeting in no more than 65 business daysfollowing receipt of the local screening committee (LSC) referral, or in the case of a 504 reevaluation, no more than 65 days following the written notice of 504 meeting, but no later than the three-year reevaluation due date.   In most cases, it is expected that the formal assessments will be completed in less than 65 working days.

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Section 504 Plan Questions	Answers
Which team develops a 504 Plan?	A 504 Plan is developed for a student by a knowledgeable committee within the student’s school.  Minimally, this is a team composed of a principal or designee and at least one teacher of the student.  The parent is not a required member of the team, but it is best practice for the parent to be involved in the discussion regarding 504 Plan development.  As appropriate, the student should be included on the team.  Additional members may be solicited to join the knowledgeable committee, by request of the school or the parent, to ensure that it is truly a “knowledgeable” committee.
What goes into a 504 Plan?	A 504 Plan should include only those accommodations, modifications, and/or services that are required for the student to have equal access to the benefits of school programs and activities, to include nonacademic programs, extracurricular activities, field trips, etc.  In elementary and secondary level public schools, the 504 Plan must include all supports necessary to provide a free appropriate public education (FAPE) for qualifying students.
How often should the 504 Plan be reviewed?	The 504 Plan must be reviewed at least annually.
Who is responsible for implementing a student’s 504 Plan	ALLstaff members working with a 504 qualified student are required to implement the 504 Plan.
What is the difference between reasonable  and necessary  accommodations?	The term reasonable accommodation  is a phrase that is appropriate for use in the postsecondary setting or in the workplace for individuals with disabilities who might require supports.  In the public-school setting, we should be providing necessary   accommodations, modifications, and/or supports to Section 504 qualified students, in order for them to receive a free appropriate public education and have equal access and opportunity.
Is it appropriate to use the terms “as needed” or “when requested by the student” to modify an accommodation?	The knowledgeable committee has the obligation to ensure that all disability-related accommodations and supports identified in a student’s 504 Plan are those that are required for the student to have equal opportunity to access FCPS programs and activities.  Once an accommodation and/or support is agreed upon by the knowledgeable committee, it is assumed that it is something that is required for access.   Therefore, the expectation is that the accommodation is always provided. If the accommodation requires further definition in order for staff to implement it appropriately, the knowledgeable committee will further define the when/where/how  of the accommodation on the 504 Plan.  Best practice is to not simply state “as needed” or “when requested,” but to further define how staff can best deliver the accommodation, support, and/or service.
If a student is qualified under Section 504, can that student access related services (such as speech/language, occupational therapy, physical therapy, counseling, etc.) on his or her 504 Plan?	Yes, a service under Section 504 pertains to a designated practice to support individuals with disabilities, or any related service for which the student has been evaluated and it has been determined that the student requires to receive a free appropriate public education (FAPE).  If the knowledgeable committee, including the related service provider, has considered relevant evaluative data and has determined that a student requires a related service in order to access and participate in FCPS programs and activities, the committee must document the service requirement on the Plan and then implement the service accordingly.
Is it appropriate to add an accommodation to a Section 504 Plan “just in case?”	All Section 504 accommodations should be written based on the current identified needs of the student. The Section 504 Plan can be amended as the needs of the child change.
How should the school respond when teachers are reporting that a 504-qualified student is not accessing the accommodations in their 504 Plan?	If staff are documenting a pattern of refusal related to the accommodations and/or supports/services delineated in the student’s 504 Plan, it is recommended that the parents be notified of their child’s refusal to access these supports, and in addition, the 504 knowledgeable committee should convene a 504 Plan meeting to review and possibly modify the current Plan.
How should the knowledgeable committee proceed with the annual review of a student’s 504 Plan when that student is in the middle of a special education evaluation?	Until an IEP has been consented to by the parents, the 504 knowledgeable committee should continue with the annual review of the 504 Plan. Should a student become special education eligible during the 504 Plan year, and an IEP is implemented, the 504 knowledgeable committee will not continue to meet for annual 504 Plan reviews or periodic (at least every 3 years) reevaluations.  Rather, it now becomes the responsibility of the IEP team to ensure that the student receives a FAPE per their disability-related needs.  In effect, the IEP will now be the guiding document rather than the 504 Plan.
Are we required to implement accommodations in honors, AP/IB classes as well as extra-curricular activities?	Yes, schools are required to ensure that students are provided equal access and opportunity to all programs and activities that FCPS offers.  FCPS is responsible for ensuring that each student is being provided the opportunity to access their educational programming, interests, and aptitudes.  It is never appropriate to deny access to an advanced course solely due to a student’s need for disability-related accommodations.

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Section 504 Reevaluation Questions	Answers
Who is responsible for completing a 504 reevaluation:  the local screening committee or the ‘knowledgeable committee’?	Every 504 reevaluation is completed by a knowledgeable committee.   A school may choose to hold the meeting during the local screening agenda time in order to have access to certain individuals, such as a school psychologist, school social worker, or related service provider, if they are needed as members of the knowledgeable committee.   The knowledgeable committee may meet at any time that is mutually convenient for the team members, including the parent and student.
Do we have to accept a parent’s request for assessments if the school-based members of the team believe there is sufficient existing data?	The knowledgeable committee must use all available and existing data, to complete the evaluation. This data should include more that student grades alone paired with consideration of parent information and requests.

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Testing Accommodations Questions	­­­Answers
Must the 504 knowledgeable committee review the “Read Aloud” criteria form every time we wish to consider this accommodation for a student?	The Read Aloud or Audio Accommodation Criteria Form (SS/SE-274) is meant to be utilized by the knowledgeable committee only when determining whether a student requires a read-aloud or audio accommodation for the English:  Reading SOL.  It is not necessary for a student to meet the criteria on this form in order to receive read aloud/audio for a content (non-reading) SOL test.  It would not be uncommon for a student with dyslexia, or a student with some other disability that substantially limits the student’s ability to access text, to be considered for read aloud/audio for content tests, in order to ensure that they are able to demonstrate their knowledge of the subject area without the confound of having to read and understand all of the directions/prompts first.  However, many students with dyslexia or other disabilities will not have a severe enough degree of decoding difficulty, or visual impairment, needed to qualify for read aloud/audio for the English:  Reading SOL – which is why there is a criteria form required for this accommodation.
How do I document small group testing?	Several years ago, VDOE discontinued “group size” (which encompasses small group) as a test accommodation for SOL tests.  It is now considered to be a “test adjustment” that is available to ANY student (general education, Section 504 eligible, or special education eligible). The test accommodations section of the 504 Plan includes the accommodations that VDOE allows for the SOL tests.  It does not include any test adjustments that are universally allowed.
What if all of the students in the class are receiving an accommodation?	A teacher might decide to give all the students in a class extra time on tests or other assistance that might otherwise be considered an accommodation or service under Section 504.  Nevertheless, if an eligible student in the class requires the aid or service because of a disability, that aid or service should be included in a Section 504 Plan. This should ensure consistency in the continued delivery of the services and provide the parents/guardians with due process protections should the classroom teacher or the district decide to change or eliminate the previously provided accommodations or services that were provided to all students.

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Dually Identified Students Questions	Answers
Can dually identified students receive accommodations on the WIDA?	Yes. The knowledgeable committee must, in collaboration with an ML representative, determine appropriate accommodations to provide WIDA access.  WIDA accommodations must be documented within the 504 Plan utilizing the RF-7 form. The RF-7 form must also be provided to the school’s test coordinator.

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Dyslexia Questions	Answers
What steps should be followed when Dyslexia is suspected?	If there is a suspicion that the student may qualify under Section 504, please refer the student to the LSC for an initial 504 qualification consideration.  While a medical, psychological, or educational diagnosis is not necessary for a student to qualify with a disability under Section 504, please note that the mere existence of a relative academic weakness does not necessarily lead to the finding of a mental or physical impairment.  It is likely that in this type of situation, the LSC may need to gather additional data to complete a 504 evaluation.  For example, additional information regarding this student’s information processing and executive functioning skills may need to be obtained.
What are the “allowable” accommodations for students who have been identified with dyslexia?	There is no exhaustive list of accommodations/services that may be selected for a student with dyslexia, or for that matter, for a student with any particular disability.  Accommodations are chosen after the knowledgeable committee has done an appropriate evaluation of the student and his or her needs, based on disability.  That evaluation may include informal and/or formal data.

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Revocation Questions

Answers

How should the knowledgeable committee proceed when the parent no longer wants a 504 Plan in place for their child?

The knowledgeable committee will convene to discuss the parental concerns and determine if changes need to be made to the Section 504 Plan or a reevaluation meeting is needed to determine whether the child continues to qualify as a student with a disability under Section 504.  Should the student no longer qualify under Section 504, the 504 qualification paperwork will be sufficient documentation for discontinuing implementation of the 504 Plan. If the student continues to qualify, but parent wishes to revoke their consent, the knowledgeable committee will follow the Section 504 revocation process.

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After School/Extracurricular Activities Questions	Answers
Do accommodations outlined in a Section 504 Plan cover FCPS sponsored after school and/or extracurricular activities?	Yes, a 504 Plan can include accommodations for afterschool and/or extracurricular activities to ensure that a student has equal access to participate. During a 504 Plan meeting, the knowledgeable committee should determine what accommodations are necessary for that student to have the same opportunity to participate in such activities as their peers without disabilities.

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Post Secondary Questions	Answers
What is in place for students with disabilities in the post-secondary environment	Nearly every college today has a disabilities services office that is a contact point for students with a disability who previously may have had an IEP or 504 Plan, and who may require accommodations/supports in college.  The 504 Plan does not “transfer over” so much as it provides documentation (along with any assessment data) that the college can use to help determine how to support the student’s needs in the college environment.  In the K-12 environment, we are required to provide FAPE and accommodations/services that are necessary for the student to obtain equal access/opportunity to the school division’s programs and activities.   In the college or work environment, this shifts to the provision of “reasonable accommodations.”
How does a student with a Section 504 qualification apply for testing accommodations on College Board tests?	Students who have testing accommodations documented in a 504 Plan may be eligible for accommodations on the PSAT/SAT/AP or other such exams. Parents and students can apply for such accommodations directly to the administering entity or by contacting the school’s Services for Students with Disabilities (SSD) Coordinator who is the point of contact for assistance with submitting applications for accommodations. Decisions about allowing accommodations for individual students are made by the administering entity (e.g. the College Board).  If there is a requirement for assessment data, it is the responsibility of parents/guardians to obtain that data. Fairfax County Public Schools holds no responsibility to provide assessments in order for students to apply for accommodations on tests administered by other entities.
Does a student with a Section 504 Plan have the ability to stay in school until age 22?	Generally, students with a 504 Plan are enrolled in general education courses that provide the necessary graduation requirements.

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Homebound Services Questions

Answers

If a student on a 504 Plan becomes eligible for homebound services, how should the 504 knowledgeable committee proceed?

During the period of time that the student continues to be eligible for homebound services, the 504 knowledgeable committee should convene at least once every 9 weeks to ensure that the 504 Plan is being implemented with fidelity, and to discuss any changes to services that may be warranted. If the 504 knowledgeable committee determines a change in service is required, the student’s 504 case manager (after consulting with the 504 school based coordinator) is responsible for sending the updated 504 Plan to the Office of Out of School Support.

Functional Behavioral Assessment and Behavior Intervention Plan Questions

Answers

What is the expectation for schools when completing a Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) for a student on a 504 Plan?

The FBA and BIP for a student on a 504 Plan should be developed by the knowledgeable committee, including staff who typically support these processes (e.g., school psychologist, school social worker, behavior intervention teacher, etc.)    The 504 Plan committee should reference the existence of an FBA and BIP within the 504 Plan.  Copies of the FBA and BIP should be attached in SEA-STARS (historical documents) as well as in the hard-copy scholastic record.

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Private/Homeschooled Students Questions	Answers
What is FCPS’ obligation to assess private/homeschool students for Section 504 eligibility?	FCPS is required to complete the Child Find process for any child from birth–21 within its boundaries (including students who attend private school within Fairfax County) who may be a child with a disability.  If a student is found to be 504 qualified, we should offer an initial 504 Plan for the child that would be implemented should the child enroll in FCPS. If the family of a private school student with a 504 Plan requests that FCPS hold another 504 Plan meeting for their child, the child’s base school should hold this meeting.  FCPS is responsible for completing timely reevaluations (occurring at least once every 3 years) for 504-qualified children, including private and home-schooled students.  FCPS is not required to hold annual 504 Plan meetings, beyond the initial 504 Plan meeting, for a private or homeschooled student.  Should a parent of a non-enrolled 504-qualified student who lives in Fairfax County request a 504 Plan meeting for their child, FCPS staff are encouraged to comply with that request.
If a student qualifies with a disability under Section 504, who writes the 504 Plan?	Once a child qualifies with a disability under Section 504, FCPS is responsible for convening a knowledgeable committee to develop a 504 Plan.  It is the responsibility of the FCPS neighborhood (base) school to develop a 504 Plan for all eligible school-aged children who live within the County and who will be enrolled in FCPS.

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Temporary Impairments Questions

Answers

Should we be writing a 504 Plan for a student with a broken limb, or other conditions such as a concussion that are likely to be temporary?

You do not need to move through the 504 Qualification/Plan process for students presenting with temporary impairments.  Schools may offer informal accommodations to these students.   In situations in which a student may require gradual phasing-in of their return to school following an injury or illness, convene a school-based team to develop a “return to learn” plan for the student.  Also, in terms of the potential need for accommodations during SOL tests or other state/division-wide testing, please contact your school’s test coordinator or testing coach for more information regarding “temporary impairment” accommodations during testing.  Please note that if a student’s condition that initially appeared to be temporary is now worsening or becoming longer lasting, a referral to LSC should be initiated.

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Moving from a 504 Plan to IEP Questions

Answers

How should a school proceed when a student on a 504 Plan becomes eligible for special education and will be on an IEP?

Continue to implement the 504 Plan until the student’s parents’ consent to the IEP.   As soon as the parent consents to the IEP, the 504 Plan remains in the record, but it becomes an inactive document.   Students should not be on IEPs and 504 Plans simultaneously.  In the future, should the student be found ineligible for special education, the school will then need to complete a 504 Reevaluation, to determine if the student continues to be eligible under Section 504, and if so, an updated 504 Plan will need to be developed at that time.

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Transfer Students Questions

Answers

What is the procedure for schools to follow when a student transfers into FCPS with a 504 Plan?

When a student transfers into FCPS with a 504 Plan from a non-FCPS public school, the 504 school-based coordinator (SBC) is expected to complete the 504 transfer process in the online system.  Until the 504 knowledgeable committee meets and reviews the Plan (and completes an FCPS 504 Plan), the expectation is that the school provides "comparable services" to what the incoming Plan outlines.  The receiving school must hold a 504 Plan meeting within 30 calendar daysof the student’s first day of enrollment.  Should the student be due for a reevaluation, or the school team has concerns about the student's 504 eligibility, the knowledgeable committee should also complete a 504 reevaluation meeting. While there is no requirement for the school to immediately update a 504 Plan that comes from another FCPS school, in many cases, school teams may choose to do so as differences in environments and/or resources may warrant some adjustments to ensure the student continues to have his or her disability-related needs addressed within the new setting.

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Bullying and Harassment Questions

Answers

What action is required when a bullying/harassment allegation has been reported?

The 504 case manager must be informed of an allegation of bullying involving a student who is eligible under Section 504, regardless of whether the student is the perpetrator or the victim or whether it is founded or unfounded, so that they can review the supports and accommodations that are in place to be sure they remain appropriate. If additional support and/or accommodations are needed, the knowledgeable committee should convene a 504 Plan meeting.

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