Section 504

EVALUATION PROCEDURES

At the preschool, elementary, and secondary school levels, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials (1). Procedures for Section 504 evaluation specific to St. Michael-Albertville Schools are described below.  

Initial Evaluation

Section 504 regulatory provision 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability. A request for a Section 504 evaluation can be made by a parent/guardian, classroom teacher, school nurse, the school student intervention team, or the special education team when a student does not qualify for special education and related services. Parent/guardians can request a referral either verbally or through the use of the  Section 504 Referral  form. Verbal requests and referral forms  can be submitted to your child’s building Section 504 coordinator. If the request is school-initiated, the parent/guardian will be contacted by the building Section 504 coordinator to discuss the referral and potential next steps. Additionally, the building Section 504 coordinator will provide the parent/guardian with access to Section 504 resources (web links) and a copy of the parent/guardian and Student Rights document (procedural safeguards).  Please note that an Initial Section 504 evaluation will not take place without parent/guardian consent in writing, even if the original request was made by the parent/guardian. (1) 

Evaluation Period

The school district will have 30 school days to complete a Section 504 evaluation from the date that parent/guardian consent is received in writing (for initial only).  

Evaluation Team

The evaluation team, selected by the building Section 504 coordinator, will be multidisciplinary and include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.  

Evaluation Process

Section 504 regulatory provision 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process. The evaluation team will gather and review information from the following sources when applicable:

• Classroom teacher input
• Parent/guardian input
• Past Intervention(s) or Special Education Evaluation  
• Cumulative file/Academic Record
• Attendance Records
• Outside medical evaluations or other evaluations
• Other assessments determined appropriate by the multidisciplinary team

Eligibility Determination

Upon completion of the Section 504 evaluation, determination of eligibility will be made by the Section 504 multidisciplinary team that conducted the evaluation. The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires school districts to ensure that the determination that a student is eligible for a Section 504 plan be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. Our multidisciplinary team meets the requirements of this group makeup. If a parent/guardian disagrees with the determination, he or she may complete a Section 504 Grievance Filing form or request a Due Process Hearing. Source (1) referenced in this document:  https://www2.ed.gov/about/offices/list/ocr/504faq.html 

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PLAN PROCEDURES

Once a section 504 multidisciplinary team has determined that a student requires a 504 plan to prevent discrimination, that team is required to develop an appropriate plan outlining necessary program accommodations, modifications, and services. The plan will ensure the student has access to a free and appropriate public education (FAPE) (1).  

Initial Section

504 Plan A student requiring a section 504 plan for the first time in his/her school career will have a plan written within 10 school days of determination of eligibility. To complete the plan, the building level 504 coordinator will consider information from the evaluation, parents, teachers, current access to FAPE, and medical limitations to determine appropriate accommodations and modifications for the student. The initial 504 plan is typically developed at a 504 meeting involving the school 504 coordinator, classroom teacher(s), and parent/guardian(s) (if able to attend). A meeting with parents/guardians is not required, but most teams find this collaboration very helpful.

Please note that parental consent is not required for implementation of an initial section 504 plan.  

Section 504 Plan Review and Revision

An active section 504 plan requires periodic review and revision, per the Office of Civil Rights (1). In addition to annual reviews, the section 504 plan can be reviewed and/or revised by the building level 504 coordinator or team in any of the following circumstances:  

• A 504 plan review or revision is requested by the parent/guardian(s) and the team agrees
• A 504 plan review or revision is requested by a team member and the team (including parent/guardian) agrees
• The student is demonstrating a reduction in access to FAPE
• The student has a schedule change that causes reduction in access to FAPE

Please note that parental consent is not required for revision of a 504 plan.

Section 504 Plan Implementation

The section 504 plan is a legally binding document and is expected to be followed by any employee working for a public school district in the United States (1). Accommodations, modifications, and related services will be implemented with fidelity by all of our educational staff, when applicable. The section 504 coordinator is in charge of educating staff on the implementation of accommodations and modifications for which they are responsible. School administration is responsible for ensuring the 504 plan for each student is being followed as written. If you have concerns with the implementation of your child’s 504 plan, please contact your child’s building level section 504 coordinator. You also have the right to due process and grievance procedures, as described in the Parent and Student Rights document (Procedural Safeguards).  

Source (1) referenced in this document:  https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/frequently-a sked-questions-section-504-fape 

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SECTION 504 NOTICE OF GRIEVANCE PROCEDURES 

A. Grievance Policy
Any parent who believes that the St. Michael-Albertville School District (“District”) has discriminated on the basis of a disability or otherwise violated Section 504 may file a grievance with the District. A grievance is a complaint alleging that the District has a policy, procedure or practice, or has made a decision with respect to a student, which is prohibited by Section 504.

B. Informal Grievance Procedure
Many problems can be resolved by an informal meeting between the parties involved. An individual with a complaint is encouraged to first discuss the concern with the appropriate teacher, counselor, building administrator, Section 504 Team, or the District’s Section 504 Coordinator with the objective of resolving the concern promptly and informally.

C. Formal Grievance Procedure 

Step 1

1. A written statement of the grievance signed and dated by the Complainant shall be submitted to the District’s Section 504 Coordinator within thirty school days following the alleged violation. The Complainant may submit the grievance using a Grievance Filing Form. The form can be obtained from the District’s Section 504 Coordinator. The District’s Section 504 Coordinator is Dr. Amy Larkin, Director of Special Services, St. Michael-Albertville Public Schools, 11343 50th Street NE Albertville, MN 55301.
2. The statement must include the Complainant’s name, address, telephone number, the student’s name, the name of the student’s school, a full description of the nature of the grievance, and the remedy requested.
3. The Section 504 Coordinator shall:
   • Investigate the matters in the grievance and discuss the grievance with the parent(s)/guardian(s) or adult student and appropriate school and or District employees;
   • Prepare a written response to the grievance; and
   • Notify the Complainant of the decision within ten (10) school days of receiving the grievance and provide the Complainant with a copy of the written response. For purposes of the Grievance Procedure and the Impartial Hearing Process set forth below, a “school day” is a day designated by the District as a day of instruction for students. 
4. If the District 504 Coordinator is the subject of the written complaint, the Superintendent will appoint an impartial investigator who will conduct the investigation.

Step 2

1. If the Complainant is not satisfied with the disposition of the grievance after Step 1, the Complainant may request review of the grievance by the School Board.
2. A request for review by the School Board must be submitted by the Complainant in writing within five (5) school days after receipt of the Section 504 Coordinator’s decision.
3. The School Board will meet to review the complaint in a reasonable time period following the request for review but in any event no later than fifteen (15) school days or the School Board’s next regularly scheduled meeting after receipt of the appeal, whichever occurs later. The School Board will review the complaint in a meeting closed to the public pursuant to Minnesota Statute Section 13D.05, subdivision 2(a)(3). The School Board will provide the Complainant with its decision within fifteen days of its review. The School Board may affirm, modify or reverse the Section 504 Coordinator’s decision. The School Board’s decision shall constitute the final decision issued for any grievance.

D. Time Periods

The time periods set forth in the grievance procedures may be extended by mutual agreement. Failure at any step in this process by the District to communicate the decision on the grievance within the specified time limits shall permit the Complainant to proceed to the next step. Failure at any step of this procedure by the Complainant to appeal a grievance to the next step shall be deemed acceptance of the decision rendered at that step.

This procedure does not deny the right of the grievant to file a formal complaint in federal court or with the U.S. Department of Education. Changes in the law, including timelines for filing a complaint, may affect your rights. 

OCR addresses Section 504 complaints independently of the local grievance/hearing process, in accordance with the OCR’s standard operating procedures. The Complainant may file a complaint with the Office of Civil Rights,U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582, (303) 844-4303. 

This document is not to be a substitute for legal advice. It contains portions of the Section 504 regulations. For a complete compilation of the law, see 34 C.F.R. Part 104. 

Grievance Filing Form

• Minnesota Department of Education: Navigating the School System When a Child is Struggling with Reading or Dyslexia
• United States Department of Education: Disability Discrimination
• PACER Center: Students with Disabilities and Section 504 of the Rehabilitation Act of 1973
• Minnesota Department of Education: 504 Plans
• Great Schools: A Parents Guide to Section 504 in Public Schools