PERRY COUNTY SCHOOL DISTRICT

POLICIES AND PROCEDURES
FOR THE IMPLEMENTATION OF

SECTION 504

OF THE 
REHABILITATION ACT OF 1973

THE PERRY COUNTY BOARD OF EDUCATION DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, AGE, RELIGION, SEX, GENETIC INFORMATION, POLITICAL AFFILIATION OR DISABILITY IN EMPLOYMENT, EDUCATIONAL PROGRAMS, 
OR ACTIVITIES.

PERRY COUNTY SCHOOL DISTRICT

POLICIES AND PROCEDURES
for the
IMPLEMENTATION OF SECTION 504

TABLE OF CONTENTS

I.	INTRODUCTION...............................................................................	  5

II.        LOCAL POLICY AND COMPLIANCE PROCEDURES................	  6
	Staff Responsibilities...........................................................................	  8
	Grievance/Complaints..........................................................................	  9
	Parents with Disabilities.......................................................................	  9
	Child Find..............................................................................................	  9
	Referral for Section 504 Consideration...............................................	12
	Prior Notice and Parent Rights............................................................	12
	Evaluation..............................................................................................	12
	Eligibility................................................................................................	13
	Accommodation Plan.............................................................................	14
	Re-evaluation.........................................................................................	14
	Individuals with Disabilities Education Act (IDEA) and Section 504...	14
	Suspension/Expulsion.............................................................................	14

III.	COMPLIANCE FORMS......................................................................	16
	Referral..................................................................................................	17
	Parent Notice of Section 504 Referral..................................................	19
	Parent/Student Rights............................................................................	20
	Permission for Evaluation......................................................................	22
	Notice of Conference.............................................................................	24
	Evaluation Summary...............................................................................	27
	Accommodation Plan...............................................................................	31
	Causal Relation Conference Report......................................................	33
	
IV.	RESOURCES..........................................................................................	35
	Areas of Eligibility...................................................................................	36
	Discrimination Under Section 504.... ......................................................	39
	Classroom and Facility Accommodations...............................................	41
	Section 504 of the Rehabilitation Act of 1973........................................	44
	     Statute..................................................................................................	44
	     Regulations...........................................................................................	44
	     Definitions.............................................................................................	51

TABLE OF CONTENTS, CONT.

	Child Find Notice........................................................................................  55
	Section 504 Grievance Procedures - Appendix I......................................  57
	Release of Information form……………………………………………..  59
	Physician Questionnaire form…………………………………………… 60
	Conference Minutes form………………………………………………... 61
	School Based Section 504 Team…………………………………………. 62
	District Section 504 Committee………………………………………….. 63

 
INTRODUCTION

This manual provides a system for the implementation of the procedural provisions for services to students of the Rehabilitation Act of 1973, Section 504, Subpart D. Section 504 contains other requirements including building accessibility and employment practices concerning persons with disabilities. This system limits itself to the instructional services to students in Subpart D, Preschool, Elementary, and
Secondary Education.

Section 504 prohibits discrimination against disabled persons by school districts receiving Federal financial assistance. This includes all programs and activities of the school district receiving Federal funds, regardless of whether the specific program or activity involved is a direct recipient of Federal funds. 

All individuals who are disabled under the Individuals with Disabilities Education Act (IDEA) are also protected under Section 504. Their rights, and the necessary services to prevent discrimination, are provided for within the IDEA system.

However, all individuals who have been determined to be disabled under Section 504 may not be disabled under IDEA. These persons require a response from the regular education staff and curriculum. 

The IDEA defines as eligible only students who have certain specified types of disabilities and who, because of one of those conditions, need special education (specially designed instruction). Section 504 protects the civil rights of all disabled students, defined as those having any physical or mental impairment that substantially limits one or more major life activities (including learning). Section 504 covers all students who meet this definition, even if they do not fall within the IDEA enumerated categories and even if they do not need to be in a special education program. 

					

											

PERRY COUNTY SCHOOLS

SECTION 504 POLICY and PROCEDURES

No pupil shall be discriminated against because of race, color, national origin, parental status, marital status, age, religion, sex, genetic information, political affiliation, disability or veteran status. Parents of students who have a disability may request the Perry County School District to make reasonable accommodations necessary for them to participate in essential instructional activities. Students who are at least eighteen (18) years of age may submit their own requests. Reasonable accommodations shall be provided as required by law.

It is the policy of the Perry County School District to provide a free appropriate public education to each disabled student within its jurisdiction, regardless of the nature or severity of the disability. It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate educational services. Students may be disabled under this policy even though they do not require services pursuant to the Individuals with Disabilities Education Act.

Due process rights of students with disabilities and their parents under Section 504 are guaranteed in the Perry County School District.

The Section 504 Coordinator for the Perry County School District may be contacted at the Perry County Board of Education, 315 Park Avenue, Hazard, Kentucky 41701, phone 606-439-5813, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Principals, or an approved designee, are the school Section 504 Team Chairpersons, and may be contacted at their respective buildings.

A. B. Combs Elementary	436-4932

Big Creek Elementary	436-5632

Buckhorn School		398-7176

Chavies Elementary		436-5101

Dennis Wooton Elementary	436-3423

EBD Unit			435-8356

Leatherwood Elementary	675-4431

Perry County Central High	439-5888

R. W. Combs Elementary	476-2518

Robinson Elementary	378-7761

Viper Elementary 		436-3837

Willard Elementary		436-6807

COMPLIANCE PROCEDURES

STAFF RESPONSIBILITIES

Section 504 Coordinator:

*  coordinates district efforts to comply with Section 504 regulations including 
    training of administrative staff

*  assures publication of Child Find Notice and distributes copy for posting at all 
    district sites

*  reviews Section 504 Evaluation Summary if proposed accommodations require
    resources beyond the school level

*  receives and reviews copy of all Section 504 Accommodation Plans

*  accepts and reviews Section 504 complaints, organizes and conduct
    investigations, and attempts to resolve any concerns/complaints

*  organizes district response to any complaint filed with the Office of Civil Rights

Principal or Administrative Designee - School Team Chairperson:

*  coordinates school efforts to comply with Section 504 regulations, including
    training of school staff

*  assures posting of Child Find Notice annually

*  establishes school Section 504 Team(s) and serves as chairperson of Team(s)

*  guides Section 504 referral and evaluation and service delivery process

*  consults with District Section 504 Coordinator as needed

*  forwards copy of each Section 504 Accommodation Plan to District Section 504
    Coordinator

*  accepts and reviews school Section 504 complaints, organizes and conducts
    investigations, and attempts to resolve any complaints/concerns

Certified / Classified District Staff

*  attend Section 504 training at the school level

*  complete a Referral for Section 504 assistance as needed

*  serve as Section 504 Team member when appropriate as determined by school
    Section 504 Team chairperson

*  implement Section 504 Accommodation Plan(s) as appropriate

Grievance/Complaints:
The Perry County School District considers "Grievance/Complaints" to be written statements alleging facts which, if true, would constitute a violation of Section 504. Such complaints must be dated, signed, and submitted to the Perry County School District Coordinator for Section 504. The District will carry out an on-site investigation, if necessary, and resolve the complaint. See Appendix I.

Parents with Disabilities:
Parents with disabilities may request from the Principal the reasonable accommodations necessary for them to participate in essential instructional activities relative to their child/youth. Such accommodations will be provided, even though the student has no disability. For example, parents with a hearing impairment will be provided an interpreter to allow their participation as their child receives recognition at the school's awards program. 

Child Find:
Child find procedures utilized for compliance with the IDEA will be utilized for the identification of students with disabilities who may qualify under Section 504 of the Rehabilitation Act of 1973. In addition, when a student is referred under IDEA and found to be not eligible, and when a student is released from IDEA services for any
reason, consideration for Section 504 protection will be initiated.

1. Child Identification
Consistent with Federal law (34 CFR 300.220 IDEA) the Perry County School District assures that all children, birth to twenty-one, including children in all public and private agencies and institutions within the legal boundaries of the district who are disabled, regardless of the nature and severity of their disability, and who are in need of special education and related services, are identified, located, evaluated, and receive a free appropriate public education.

As a recipient of Federal financial assistance, the Perry County School District undertakes to locate and identify every qualified person with a disability residing in the school district who is not receiving a public education, and take appropriate steps to notify persons with disabilities and their parents of the duty of the school district under Section 504 (34 CFR Part 104.32, Subpart D of Section 504 of the Rehabilitation Act).

These location, identification, and notification responsibilities are carried out through the implementation of the following procedures:

1.1 Child Find Notice. Before any major location and identification activity, the  
      district gives public notice about the activities in accordance with the Family
      Rights and Privacy Act. This notice also explains confidentiality rights. (Child
      Find Notice)

1.2 Local School Referral Process. Referrals for evaluation of school age children 
      suspected of needing special education services may be initiated at the local 
      school level by any person with a legitimate interest in the child. Referral
      procedures for either IDEA or Section 504 must be followed when making 
      referrals.

1.3 Media. Notices are published in district publications and local newspapers and 
      aired on the local radio station annually. Notices are also distributed to local
      physicians, health agencies, and community agencies.

1.4 Physical Health Screenings. Screenings for vision and hearing shall be conducted
      for all students beginning in Preschool through grade 8, and others by referral.     
     Students referred or receiving services through IDEA or Section 504 are also 
     screened during the year of any re-evaluation. Scoliosis screening shall be 
     available for all students in grades 6, and 8. All abnormalities found shall be 
     reported to parents and referrals are made to appropriate support agencies 
     for assistance. The cumulative health records are to be maintained in a secure 
     location.

1.5 Kentucky Assessment Procedures. Annual state-wide assessment results.

1.6 Communication. Speech-Language Pathologists in every building conduct a
      request for screening program. Teachers or parents who suspect a speech-
      language problem may request this screening as needed throughout the school
      year. In addition, every child referred for an evaluation under IDEA regulations 
      receives a speech/language screening.

1.7 Social and Emotional Behaviors. The teacher may also be the first to notice in the
      child an inability to relate to peers and form friendships, and/or indications of 
      undue nervousness and anxiety. At the middle and upper grades there may be
      a student need to be the constant center of attention, or a basic inability to
      cooperate with peers and/or adults. If a child differs significantly and for an 
      undue period of time from the cultural and peer reference group, the teacher 
      refers the child to the appropriate person (principal, counselor, school 
      psychologist). 

1.8 Daily Living and Self-help Skills; Motor Skills. Teachers, especially at the 
      primary level, notice if a child is not keeping pace with peers in terms of the 
      usual motor skills or daily living and self-help skill. If a child or youth differs
      significantly  from the cultural and peer reference group, the teacher refers the 
      child to the appropriate person (principal, counselor, school psychologist).

Referral for Section 504 Consideration:

A student may be identified by a teacher, parent, administrator, or other person with a legitimate interest and knowledge of the student. To begin the consideration process, a REFERRAL FOR Section 504 ASSISTANCE must be completed and submitted to the school Section 504 Team Chairperson (principal or approved designee).

Prior Notice and Parent Rights:

The school Section 504 Team Chairperson will invite parents to a Section 504 Conference meeting (includes prior written notice and a statement of Parent Rights) at the following times:
1.  when a referral is received
2.  following receipt of the Evaluation Summary to discuss eligibility and suggested      
     accommodations
3.  annual review and/or following a re-evaluation
4.  consideration of a significant change in placement or accommodations.

Evaluation:

The school Section 504 Team Chairperson must notify parents, in writing, that the district is conducting a review of existing records and obtain parental permission for any additional evaluations. If parents refuse permission, the Section 504 district Coordinator shall be notified. "Any evaluation shall include tests and evaluation material which have been validated for the specific purpose for which they are used and which are administered by trained personnel in accordance with the instructions provided by their producers. These tests and evaluation materials should include those tailored to assess specific areas of educational needs beyond those designated to provide a single general intelligence quotient (I.Q.)".

Following notification and receipt of parental consent the school Section 504 Team Chairperson reviews all student records and evaluations and initiates any additional required evaluations. The local school multi-disciplinary team, as determined by the Section 504 Team Chairperson on an individual student basis, will then obtain additional evaluation data and make recommendations concerning the appropriate action. This team shall include the student's present teacher. The evaluation is then summarized on the Section 504 EVALUATION SUMMARY form. 

Eligibility

When all necessary information and evaluation data is gathered, the school Section 504 Team Chairperson will convene the multidisciplinary team to consider:

1.  Section 504 eligibility based on evaluation results which indicate that the 
     disability substantially limits a major life activity.

     The term "substantially limits" means that the individual is:

     (a) unable to perform a major life activity that the average person in the general
           population can perform, or

     (b) significantly restricted as to the condition, manner, or duration under which
           a particular major life activity is performed as compared to an average 
           person in the general population.

2.  Reasonable accommodations based on eligibility.

3.  Reasonable accommodations despite ineligibility.

The common theme underlying all decisions of eligibility is that the impairment must be substantial and somewhat unique, rather than common place, when compared to the general population.

The multidisciplinary team will determine eligibility for Section 504 protection, document the eligibility on the Section 504 EVALUATION SUMMARY and document suggested accommodations. The intent of these accommodations is to ensure that the student with a disability has access to a free and appropriate education that is comparable to that education available to non-disabled peers. If the accommodations do not require additional resources beyond those available at the school level, then the school Section 504 Team Chairperson proceeds to notify the parents of the meeting to develop an accommodation plan to finalize the suggested accommodations. If the accommodations require additional resources beyond the school level, the principal then reviews the Section 504 EVALUATION SUMMARY with the district Section 504 Coordinator. The district Section 504 Coordinator then either discusses other alternatives or approves and allocates the resources necessary to implement the suggested accommodations. The school Section 504 Team Chairperson then finalizes the accommodations with the parents at a meeting to develop an accommodation plan. A meeting will be held (parents invited) within 45 school days of the initiation of the evaluation process to discuss eligibility and if indicated, the accommodation plan.  

Accommodation Plan:

The intent of this plan is to ensure that the eligible student with a disability has access to a free and appropriate public education that is comparable to that education available to his/her nondisabled peers. After the multidisciplinary team has completed the Section 504 EVALUATION SUMMARY, eligibility and the suggested accommodations are then formalized at a meeting with the parents on the SECTION 504 ACCOMMODATION PLAN. This plan documents the accommodations, the action to be taken with each accommodation, and the persons involved in developing and implementing the accommodation plan. "In formalizing the suggested accommodation plan, the multidisciplinary team shall strive to insure that the eligible students participate with nonhandicapped students to the maximum extent appropriate to the needs of the eligible students." The accommodation plan will be reviewed annually. The proposed date for this annual review is specified on each accommodation plan.

Re-evaluation:

Students receiving accommodations under Section 504 must be re-evaluated at least every three years, and always before any significant change in placement, and as needed. The proposed date for the re-evaluation is specified on each accommodation plan.

Individuals with Disabilities Education Act (IDEA) and Section 504:

(1)   Students who are served under IDEA have all the civil rights protection
       afforded under Section 504 through the IDEA procedures. No additional action
       is necessary.

(2)  When a student is referred under IDEA and is found to be ineligible, or when
       a student is released from IDEA services for any reason, the Admissions and
       Release Committee discusses any modifications that might be needed as the 
       student remains in or transitions to regular education services. At this time a
       discussion of eligibility under Section 504 is appropriate.

Suspension / Expulsion:

Suspension or expulsion is a form of discrimination if imposed regarding an action of the student which was caused by the student's disability.

1.  Students with disabilities may be suspended for infractions of the student 
     discipline code. It is advisable once a student approaches an aggregate of ten 
     (10) instructional suspension days, to reconvene the Section 504 Team. The
     purpose of this meeting is to:

     a.  discuss the current Section 504 Accommodations Plan;

     b.  determine whether or not a causal relationship exists between the student's
          behavior and the student's disability; and

     c.  if there is no causal relationship, the school can continue to suspend. The 
          parent/guardian must be afforded due process rights to challenge this 
          determination.

    d.  if a causal relationship is present, the Section 504 Team revises the 
        Accommodation Plan to meet the student's current needs.

2.  A causal relationship conference should be called by the Principal for any 
     student being considered for expulsion or exclusion from school. It is not
     the committee's purpose to determine whether or not the student should be
     expelled or excluded, but to determine whether the misbehavior is related
     to the disability.

It is advisable that if the evaluations are six (6) months or older, a re-evaluation is a
reasonable course of action.

It is important to note that Congress in 1990 amended Section 504 and gave direction
on drug and alcohol addiction and eligibility for Section 504 services.

  a.  A person who is currently using illegal drugs does not qualify under Section 504.

  b.  General consensus is that a student who has been diagnosed as an addict, is
       currently using alcohol but is not violating the school code regarding drugs
       and alcohol may be eligible for services under Section 504.

  c.  It is generally accepted that nicotine addiction does not qualify a person for
       Section 504 services.

       1.  If a causal relationship does exist, the student may not be expelled or 
	excluded from school. The Section 504 Accommodation Plan should be 
	revised to meet the student's current needs.

       2.  If a causal relationship does not exist, the student may be expelled or
	excluded but should be afforded all due process rights granted to all pupils
	in the school. 

The principal shall file a Section 504 Causal Relationship Conference Report with the District Section 504 Coordinator. If the finding is to recommend expulsion, a copy is also forwarded to the Superintendent.

SECTION

504

COMPLIANCE

FORMS

PERRY COUNTY SCHOOL DISTRICT

REFERRAL FOR SECTION 504 ASSISTANCE

Page 1 of  2

Section 504 of the Rehabilitation Act of 1973 is designed to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Students eligible for Section 504 assistance are those who 1) have a physical or mental impairment which substantially limits one or more major life activities, 2) have a record of such impairment, or 3) are regarded as having such an impairment. If you feel the student identified may qualify for civil rights protection under Section 504, please complete the following information.

Student's Name:________________________ 	Grade:_____ 	Date:____________________

School:_______________________________	Birth Date:__________	Sex: _____M ______F

Parents:______________________________	Home Phone:____________________________

Address:______________________________	Work Phone:____________________________

Name of Person Submitting Referral:____________________________ Position:_______________

Describe the student's need or area of concern:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Special Education (IDEA-B) Status: (check one only)

_____	The student will be referred for special education evaluation.

_____	No referral to special education is necessary. No evidence exists to indicate the presence of a
	disability as defined by IDEA.

_____	The student has received special education services in the past, but no longer requires special
	education. Please check services provided:

	____Resource Class	____Self-contained Class		____Occupational Therapy

	____Guidance		____Special School Setting	____Physical Therapy

	____Speech-Language	____Other:_______________________________________

PERRY COUNTY SCHOOL DISTRICT

REFERRAL FOR SECTION 504 ASSISTANCE
(CONTINUED)

Page 2 of 2

The student is suspected of having a physical or mental impairment, has a record of such impairment or is regarded as having such impairment, which may substantially limit one or more of the following major life activities:

____ caring for one's self			____ speaking			____ breathing

____ performing manual tasks		____ seeing			____ learning

____ walking				____ hearing			____ working

Action Taken:

__ The student will be evaluated for possible Section 504 accommodation. Evaluation Assignments.  

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

__ No further evaluation at this time. Explain. _____________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Additional Comments:

__________________________________________________________________________

__________________________________________________________________________

____________________________________		__________________________
Section 504 School Team Chairperson				Date

cc: Educational Record

PERRY COUNTY SCHOOL DISTRICT

PARENT NOTICE OF SECTION 504 REFERRAL

							Date: ______________________

Dear ____________________________________,

A Section 504 Referral has been initiated for your (son/daughter). This correspondence serves as notification that I would like to gather information from 
a variety of sources in an effort to ensure an appropriate education program for _______________________________. In order to come to some conclusion regarding this request, I would like to meet with you on:

			Time: _________________________________

			Date: _________________________________

			Location: ______________________________

I anticipate that the referring teacher(s) will join us. The purpose of this meeting will be to:
  
    1.   discuss the referral;
    2.   consider the information needed;
    3.   gain a release of information, if necessary;
    4.   gain permission to test, if necessary; and
    5.   explain your rights and options.

In the meantime, I would appreciate a call from you if this date and time is not convenient or if you have any questions in this regard. My phone number is ________________________.

Thank you.

Sincerely,

_____________________________________________
Section 504 School Team Chairperson

cc: Educational Record

Attachment: Parent / Student Rights in Identification, Evaluation and Placement.

PERRY COUNTY SCHOOL DISTRICT

PARENT / STUDENT RIGHTS
IN IDENTIFICATION, EVALUATION, AND PLACEMENT

Page 1 of  2

(Please Keep This Explanation for Future Reference)
Section 504 of the Rehabilitation Act of 1973

The following is a description of the rights granted by Federal law to students with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. The person in this district who is responsible for assuring that the district complies with Section 504 is the District Section 504 Coordinator.

You have the right to:

1.  Have your child take part in, and receive benefits from public education
     programs without discrimination because of his/her disability;

2.  Have the school district advise you of your rights under Federal law;

3.  Receive notice with respect to identification, evaluation, or placement of your 
     child;
 
4.  Have your child receive a free appropriate public education. this includes the 
     right to be educated with nondisabled students to the maximum extent 
     appropriate. It also includes the right to have the school district make reasonable
     accommodations to allow your child an equal opportunity to participate in school
     and school-related activities;

5.  Have your child educated in facilities and receive services comparable to those
     provided nondisabled students;

6.  Have your child receive special education and related services if she or he is 
     found to be eligible under the Individuals with Disabilities Education Act 
     (PL 101-476) or Section 504 of the Rehabilitation Act;

7.  Have evaluation, educational, and placement decisions made based upon a
     variety of information sources, and by persons who know the student, the 
     evaluation data, and placement options;

. 

PERRY COUNTY SCHOOL DISTRICT

PARENT / STUDENT RIGHTS
IN IDENTIFICATION, EVALUATION, AND PLACEMENT
(CONTINUED)

Page 2 of 2 

8.    Have transportation provided to and from an alternative setting at no greater
       cost to you than would be incurred if the student were placed in a program 
       operated by the district;

9.    Have your child be given an equal opportunity to participate in nonacademic   
       and extracurricular activities offered by the district;

10.  Examine all relevant records relating to decisions regarding your child's 
       identification, evaluation, educational program, and placement;

11.  Obtain copies of educational records at a reasonable cost unless the fee would
       effectively deny you access to the records;

12.  Receive a response from the school district to reasonable requests for 
       explanations and interpretations of your child's records;

13.  Request amendment of your child's educational records if there is reasonable
       cause to believe that they are inaccurate, misleading or otherwise in violation
       of the privacy rights of your child. If the school district refuses this request for
       amendment, it shall notify you within a reasonable time, and advise you of the 
       right to a hearing;

14.  Request mediation or an impartial due process hearing related to decisions or
       actions regarding your child's identification, evaluation, educational program, 
       or placement. You and the student may take part in the hearing and have an
       attorney represent you. Hearing requests must be made to the District Section   
      504 Coordinator, Perry County School District, 315 Park Avenue, Hazard, 
      Kentucky 41701, phone 606-439-5813;

15.  Ask for payment of reasonable attorney fees if you are successful in your claim;

16.  File a grievance. See Appendix I.  

17.  May make appeals.

PERRY COUNTY SCHOOL DISTRICT

PARENT NOTICE

PERMISSION FOR SECTION 504 EVALUATION

Page 1 of 2 

Student's Name: _______________________________	D.O.B.: ______________	Age: ______

Parent's Name: ________________________________	Phone: __________________________

Address: _________________________________________________________________________

School: ______________________________________	Grade: ___________________________

1.    Notice:
       a.  A referral for a Section 504 evaluation has been initiated in order to determine the cause, 
            extent, and possible accommodation(s) for a suspected physical or mental impairment. The 
            reasons for this referral are:
            ___________________________________________________________________________

            ___________________________________________________________________________

            ___________________________________________________________________________

        b.  Other options considered and general education intervention procedures previously
              employed:
              __________________________________________________________________________

              __________________________________________________________________________

              __________________________________________________________________________

       c.  Proposed Assessment/Techniques/Personnel: (specify)
									Possible Evaluation/
            	Assessment Area		Evaluation Technique		Consultation Personnel

	______________			_________________		___________________

	______________			_________________		___________________

	______________			_________________		___________________

	______________			_________________		___________________

	______________			_________________		___________________

	______________			_________________		___________________

PERRY COUNTY SCHOOL DISTRICT

PARENT NOTICE

PERMISSION FOR SECTION 504 EVALUATION
(CONTINUED)

Page 2 of 2 

2.     Permission:

      The evaluation will be conducted within 45 instructional days of parent permission (which begins
        the date this signed form is received by the Principal). A Section 504 Conference will be held to 
        discuss the evaluation and any educational program recommendations. I understand the reasons
        for the referral and the description of the evaluation process and have checked the appropriate
        box below:

        ____ Permission is given voluntarily to conduct the evaluation process as described.

        ____ Permission is denied.

3.    Rights and Options:

        I have received a written copy of the Parent/Student Rights in Identification, Evaluation, and
        Placement of Individuals under Section 504 of the Rehabilitation Act which was explained to
        me by: ______________________________.

        ____________________________________			_____________________
        Parent/Guardian's Signature				Date

cc:   Parents
        Educational Record

PERRY COUNTY SCHOOL DISTRICT

SECTION 504
NOTICE OF CONFERENCE

Page 1 of 3 

								Date: ________________

Dear _____________________________________:

This is to confirm our previous contact with you to establish the Section 504 Conference Committee meeting. The meeting was mutually agreed upon by the school and parents to be held:

Student: __________________________________		Date: _______________________

Location: _________________________________		Time: _______________________

A.  The purpose of the meeting: (check all that apply)
       ____  Discuss results of evaluation / Section 504 eligibility
       ____  Discuss results of re-evaluation
       ____  Discuss misconduct / infraction of school rules as it relates to disability
       ____  Review instructional progress
       ____  Review of accommodation plan
       ____  Review of  placement
       ____  Other (specify): _________________________________________________________

The following records/data will be discussed: __________________________________________

______________________________________________________________________________

______________________________________________________________________________

B.  The following people will be included in the meeting: (write in names as appropriate)
       
       1.  School Principal: ________________________________________________

       2.  Guidance Counselor: _____________________________________________

       3.  Evaluation Specialist(s): ___________________________________________

       4.  Other Specialist(s): ______________________________________________

             cc:       Parents
                         Educational Record

PERRY COUNTY SCHOOL DISTRICT

SECTION 504
NOTICE OF CONFERENCE (CONTINUED)

Page 2 of 3 

        5.  General Education Teacher(s): _____________________________________________

        6.  School Nurse: __________________________________________________________

        7.  Parent(s): _____________________________________________________________

        8.  Student: ______________________________________________________________

        9.  Other (specify): _________________________________________________________

             cc:  Parents
                    Educational Record 

       PERRY COUNTY SCHOOL DISTRICT

SECTION 504
NOTICE OF CONFERENCE (CONTINUED)

Page 3 of 3

Please complete this page and return to your child's school by:

Date: ________________  to: ____________________________________________

1. __	I will attend the Section 504 Conference Committee meeting.
    __	I will not attend the Section 504 Conference Committee meeting, but I would
	like you to continue the process and send the paperwork to my home address.

2. __	I would like my child to attend the Section 504 Conference Committee
	meeting.
    __	I do not want my child to attend the Section 504 Conference Committee
	meeting. 

3.  Please indicate if there are any additional school personnel you would like to 
     attend the Conference Committee meeting.

     _________________________________________________________________

     _________________________________________________________________

     _________________________________________________________________

4.  You may also bring any additional persons to the Section 504 Conference 
      Committee meeting.

     _______________________________                 	______________________
     Signature of Parent/Guardian				Date Signed

      cc:  Parents
              Educational Record

 PERRY COUNTY SCHOOL DISTRICT

SECTION 504 EVALUATION SUMMARY

Page 1 of 4

Student's Name: ___________________________________		Grade: _____	Date: _____

School: __________________________	Birth date: ___________	   Sex:   ____M    _____F

Parent(s): ______________________________________________       Home Phone: ___________

Address: _______________________________________________       Work Phone: ___________

School Contact Person: ____________________________________	     Position: ______________

I.    Eligibility for 504 Assistance

Evaluation was of sufficient scope and intensity to ensure appropriate professional judgment?

_____ Yes	_____ No

Evaluation Summary (describe the basis for determining the disability and the substantial limitation):
______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Were any student accommodations necessary to perform the evaluation (owing to student disability)?
_____  No	_____  Yes (Describe):

_______________________________________________________________________________

_______________________________________________________________________________

Where (location) will evaluation materials/records be maintained? ___________________________

_______________________________________________________________________________

PERRY COUNTY SCHOOL DISTRICT

SECTION 504 EVALUATION SUMMARY
(CONTINUED)

Page 2 of 4

Is there a disability present which substantially limits a major life activity? ____ Yes	____ No

Check the Area of substantial limitation that applies:	____ No substantial limitation exists

____ caring for one's self		____ speaking		____ breathing

____ performing manual tasks		____ walking		____ working

____ learning			____ hearing		____ seeing

Name the specific cause of  any indicated substantial limitation:______________________________

___________________________________________________________________________________ 

II. Suggested Accommodations if SECTION 504 eligible
     (please check anticipated areas of need and justify)

     ____ Instructional modifications (describe) ____________________________________________
                
                _________________________________________________________________________

     ____ Facilities (describe) __________________________________________________________

               __________________________________________________________________________

     ____ Supplies/Equipment (describe) __________________________________________________

                __________________________________________________________________________

     ____ Other (specify) ______________________________________________________________

                __________________________________________________________________________

Anticipated Duration of Time Accommodation will be Needed:
    
    ____ Temporary (specify) __________________________________________________________

    ____ Long-term (specify) __________________________________________________________

Additional Comments: _______________________________________________________________

PERRY COUNTY SCHOOL DISTRICT

SECTION 504 EVALUATION SUMMARY
(CONTINUED)

Page 3 of 4

Signatures of Section 504 Multidisciplinary Evaluation Team:

_______________________________________________________________________________
Section 504 School Team Chairperson

______________________________________	______________________________________
Signature					 Title

______________________________________	_______________________________________
Signature 					 Title

______________________________________	_______________________________________
Signature 					 Title

______________________________________	_______________________________________
Signature					 Title

______________________________________	_______________________________________
Signature					Title

______________________________________	_______________________________________
Signature					Title

______________________________________	_______________________________________
Signature					Title

PERRY COUNTY SCHOOL DISTRICT

SECTION 504 EVALUATION SUMMARY
(CONTINUED)

Page 4 of 4

*Accommodations Reviewed with District 504 Coordinator

____  Additional information requested:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____  Approved  with District resources allocated. Specify:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____  Approved with the following modifications:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

___________________________________________________	_________________________
Signature of District 504 Coordinator				Date

cc:  Educational Record

 

PERRY COUNTY SCHOOL DISTRICT

SECTION 504 ACCOMMODATION PLAN

Page 1 of 2 

Student Name: _________________________________________ 	Birth Date: ________________
	
School: ______________________________________________	Grade: ____________________	

Beginning Date: _______________________     Annual Review Date: __________________________

Re-evaluation to be completed by: __________________________ (date)

Which major life activity is determined to be substantially limited: _____________________________
(caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working) 

Describe how the identified disability substantially limits a major life activity:

_________________________________________________________________________________

_________________________________________________________________________________

Accommodation/Action To Be Taken: ___________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Person(s) Responsible: ______________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Participation in annual state-wide assessment: ____ no modifications
					     ____ modifications as defined in accommodations
					     ____ PAGE 2 ATTACHED IF NECESSARY

Team Signatures		      	   Position				Date

_______________________________	School Section 504 Team Chairperson	___________

_______________________________	Parent/Guardian			____________

_______________________________	Teacher					____________

_______________________________	Other(s)				____________
cc: Parent
      Educational Record
      District Section 504 Coordinator

PERRY COUNTY SCHOOL DISTRICT

SECTION 504 ACCOMMODATION PLAN
(CONTINUED)

Page 2 of 2

Student: _______________________________________	Date: ____________________________

Accommodation/Action To Be Taken:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Person(s) Responsible:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

cc:  Parent
       Educational Record
       District 504 Coordinator

 

PERRY COUNTY SCHOOL DISTRICT

SECTION 504
CAUSAL RELATION CONFERENCE REPORT
Page 1 of 2

Student's Name: _______________________________________	Date: _____________________

School: ______________________________________________

The purpose of this conference is to determine whether or not a causal relationship exists between the student's misbehavior and the disability. Aggregate number of days student has been suspended this school year: _____

1.  Describe the misconduct: __________________________________________________________
						(attach documentation)

2.  Is evaluation data current (within one year) and comprehensive?
     _____ Yes	_____ No---schedule re-evaluation

3.  Is present Section 504 Plan appropriate? _____ Yes	_____ No---revise Plan and attach copy

4.  Is the misconduct caused by or related to the disability: _____ Yes     _____ No
     Explain:

     ______________________________________________________________________________

     ______________________________________________________________________________

    _______________________________________________________________________________
   
    If yes, what options were discussed? ___________________________________________________

    _______________________________________________________________________________

    _______________________________________________________________________________

COMMITTEE PRESENT:

Parent(s)/Guardian(s): ______________________________________________________________

Principal: ________________________________________________________________________

Teacher(s): _______________________________________________________________________

Other(s): _________________________________________________________________________

PERRY COUNTY SCHOOL DISTRICT

SECTION 504
CAUSAL RELATION CONFERENCE REPORT
Page 2 of 2

I have been given the opportunity to participate in this conference and understand that even if no causal relationship exists my child will be afforded all rights as any other student. I have also been informed in writing of my "Parent/Student Rights."

______________________________________________________________________
			SIGNATURE OF PARENT(S)/GUARDIAN(S)

cc: Parent
      Educational Record
      Section 504 Coordinator

RESOURCES

PERRY COUNTY SCHOOL DISTRICT

AREAS OF ELIGIBILITY TO BE CONSIDERED

Page 1 of 3 

1.  Drug and Alcohol Dependency

     "Alcoholics and drug addicts are qualified disabled persons for the purpose of 
     Section 504 if their impairment substantially limits one or more of their life 
     activities". (EHLR 257:611 - OCR, 1985)

     Local educational agencies may take disciplinary action pertaining to the use 
     or possession of illegal drugs or alcohol against any disabled student who is         
     currently engaging in the illegal use of drugs or alcohol to the same extent that
     such disciplinary action is taken against nondisabled students. 

2.  ADD/ADHD

     The Office for Civil Rights has made it clear that Attention Deficit Disorder and
     Attention Deficit Hyperactivity Disorder are disabilities under Section 504. The
     only question is whether the diagnosed condition substantially limits learning. If
     it does, then the school owes the student full procedural rights including an
     individualized plan with whatever instructional accommodations and related 
     services are needed. This decision regarding "substantial limitation" is made by
     the school Section 504 multidisciplinary team.

3.  Other Health Needs

     A number of health needs that do not "adversely affect educational 
     performance" (IDEA) have been found to meet eligibility criteria ("substantially
     limits a major life activity") under Section 504. Examples are:
	(a)  insulin-dependent diabetic whose blood sugar level had to be monitored
	(b)  chronic asthma
	(c)  severe allergies requiring prescription medication
	(d)  temporary disability which caused absences (required waiver of 
    	       attendance policy)
	(e)  arthritis; epilepsy

     The evaluation in these circumstances is required in order to determine whether
     the condition "substantially limits a major life activity". 

PERRY COUNTY SCHOOL DISTRICT

AREAS OF ELIGIBILITY TO BE CONSIDERED
(CONTINUED)

Page 2 of 3 

4.  Communicable Diseases

     The eligibility under Section 504 includes not only a physical impairment but 
     also one who is regarded as having an impairment or is treated as having an
     impairment. Therefore it may be only the attitude of others toward such an
     impairment that causes limitation, triggering eligibility. In the case of 
     communicable disease, such as testing positive for HIV, the actual symptoms
     may not have advanced to the point that there is a physical condition 
     substantially limiting a major life activity. But there are clearly attitudes that
     lead, through attempts to exclude the individual from school, to an impairment
     of the activity of learning.

     Many courts have held that students with communicable diseases are eligible
     for protection under Section 504, and the law bars any blanket school board 
     policy limiting the attendance of such students. 

     Suggested determination of eligibility status in the area of health concerns:
     a.  What is the appropriate educational setting for the child without regard for
          the disease?
     b.  Is there a "significant risk level" for transmission of the disease so that the
          child would not be "otherwise qualified" to be in that setting? 
          This determination is made by medical, not educational, personnel. If the 
          answer is no, then the answer to the first question is where the child is to
          be served.
      c.  If there is significant risk of transmission, is there a "reasonable 
          accommodation that would make that setting appropriate for the child?
     d.  If a reasonable accommodation is being considered, the "probable effect"
          on the child's "psychological and educational" development must be assessed.
     e.  The accommodation should not pose an "undue financial and administrative
           burden" on the school. If it did, it would not be a "reasonable
           accommodation".

PERRY COUNTY SCHOOL DISTRICT

AREAS OF ELIGIBILITY TO BE CONSIDERED
(CONTINUED)

Page 3 of 3 

5.  Socially Maladjusted

     While a finding of socially maladjusted may end consideration of IDEA 
     eligibility, the Office for Civil Rights has found that socially maladjusted may
     be a mental impairment that qualifies for eligibility under Section 504. If a
     student is so disabled, it must then be determined that the social maladjustment
     substantially limits a major life activity.

6.  Learning Disabled Without a Severe Discrepancy

      If there is indeed a learning disability without the severe discrepancy between
     ability and achievement that is required under IDEA, this may qualify for 
     potential eligibility under Section 504. The question whether the learning 
     disability substantially limits learning would have to be explored and 
     determined by the school team.

7.  Student is Removed from Special Education (IDEA-B)
     
     The Section 504 eligibility definition includes students who have a record of a 
     disability. Therefore, the student who is released may still have eligibility under
     Section 504 and some specialized education and related services might be 
     appropriate. The Admissions and Release Committee should make this 
     determination of Section 504 eligibility at the time of transition to full services
     in regular education. 

PERRY COUNTY SCHOOL DISTRICT

DISCRIMINATION UNDER SECTION 504

Page 1 of 2
	
Discrimination under Section 504 occurs when a recipient of federal funds:

1.  Denies a disabled person the opportunity to participate in or benefit from an aid,
     benefit, or service which is afforded nondisabled students (e.g., district practice
     of refusing to allow any student on an IEP the opportunity to be on the honor 
     roll; denial of credit to a student whose absenteeism is related to his/her 
     disability; expelling a student for behavior related to his/her disability; refusing
     to dispense medication to a student who could not attend school otherwise).

2.  Fails to afford the disabled person an opportunity to participate in or benefit 
     from the aid, benefit, or service that is equal to that afforded others (e.g., 
     applying a policy that conditions interscholastic sports eligibility on the student's
     receiving passing grades in five subjects without regard to the student's 
     disability). 

3.  Fails to provide aids, benefits, or services to the disabled person that are as 
     effective as those provided to nondisabled persons (e.g., placing a student with
     a hearing impairment in the front row as opposed to providing her with an 
     interpreter). Note: "Equally effective" means equivalent as opposed to identical.
     Moreover, to be equally effective, an aid, benefit, or service need not produce 
     equal results; it must merely afford an equal opportunity to achieve equal results.

4.  Provide different or separate aids, benefits, or services unless such action is 
     necessary to be as effective as the aids, benefits, or services provided to 
     nondisabled students (e.g., segregating students in separate classes, schools, or
     facilities, unless necessary).

5.  Aids or perpetuates discrimination by providing significant assistance to an 
     agency, organization, or person that discriminates on the basis of disability
     (e.g., sponsoring a student organization that excludes persons with disabilities).

6.  Denies a person with disabilities the opportunity to participate as a member of
     a planning or advisory board strictly because of his/her disability.

7.  Otherwise limits the enjoyment of any right, privilege, advantage, or opportunity
     enjoyed by others (e.g., prohibiting a person with a physical disability from using
     a service dog at school).

PERRY COUNTY SCHOOL DISTRICT

DISCRIMINATION UNDER SECTION 504

Page 2 of 2

8.  In determining the site or location of a facility, makes selections which effectively
     exclude persons with disabilities, denies them the benefits of, or otherwise 
     subjects them to discrimination. In Hendricks v. Gilhool, EHLR 441:352 (1989),
     the Pennsylvania Department of Education was found to have violated this 
     section and the EHA by allowing students with disabilities to be located in 
     inferior facilities, such as trailers, wings in basements, and unnecessarily 
     restrictive classrooms due to a lack of classroom space.
      
PERRY COUNTY SCHOOL DISTRICT

CLASSROOM AND FACILITY ACCOMMODATIONS

Page 1 of 3

The intent of Section 504 is to "accommodate" for differences within the regular
education environment in order to provide an education that is comparable to that
provided to nondisabled students. As individual students are identified, the classroom teacher may need specific training in the area of the identified disability
(e.g., training from the school nurse on danger signs of an impending asthma attack,
training form a physical therapist on correct positioning of a wheelchair-bound student at his/her desk, etc.). The following classroom/facility accommodations are presented as examples of ways in which Section 504 disabilities may be successfully addressed within the regular education environment.

I.     Communication
        
        A.  There may be a need to modify parent/student/teacher communication.
              For example:
              - develop a daily/weekly journal
              - develop parent/student/school contracts
              - schedule periodic parent/teacher meetings
              - provide parents with duplicate sets of texts
              - provide parents with notice of short and long-term assignments

       B.  There may be a need to modify staff communications. 
For example:
             - identify resource staff
             - network with other staff
             - schedule building team meetings
             - maintain ongoing communication with building principal
             - assign a "services coordinator"
             
      C.  There may be a need to modify school/community agency communication. 
            For example, with parent consent:
            - identify and communicate with appropriate agency personnel working with
              students
            - assist in agency referrals
            - provide appropriate carry over in the school environment

PERRY COUNTY SCHOOL DISTRICT

CLASSROOM AND FACILITY ACCOMMODATIONS
(CONTINUED)

Page 2 of 3

II.    Organization/Management

       A.  There may be a need to modify the instructional day. 
For example:
	 - allow student more time to pass in hallways
	 - modify class schedule 

       B.  There may be a need to modify the classroom organization/structure. 
For example:
	 - adjust placement of student in classroom (e.g., study carrel, proximity to
 	   teacher, etc.)
	 - increase/decrease opportunity for movement
	 - determine appropriate classroom assignment (e.g., open versus structured)
	 - reduce external stimuli
	 - modification of nonacademic times such as lunchroom, recess, and physical
	   education

      C.  There may be a need to modify the district's policies/procedures. 
For example:
	 - allow increase in number of excused absences for health reasons
	 - adjust transportation/parking arrangements
 	 - approve early dismissal for service agency appointments

III.  Alternative Teaching Strategies

       A.  There may be a need to modify teaching methods. 
For example:
	 - adjust testing procedures (e.g., length of time, administer orally, tape 
	    record answers)
	 - individualize classroom/homework assignments
	 - utilize technology (computers, tape recorders, calculators, etc.)
	 - provide peer tutor
	 - develop/implement academic/behavioral contracts
	 - supplement verbal instructions with visual instructions
	 - repeat/simplify instructions about in-class and homework assignments
	 - provide note-taker

PERRY COUNTY SCHOOL DISTRICT

CLASSROOM AND FACILITY ACCOMMODATIONS
(CONTINUED)

Page 3 of 3

         B. There may be a need to modify materials. 
For example:
	  - utilize legible materials
	  - utilize materials that address the student's learning style (e.g., visual, 
	    tactile, auditory, etc.)
	  - adjust reading level of materials

IV.  Student Precautions

       A.  There may be a need to modify the classroom/building climate for health
	 purposes. 
For example:
	 - use air purifier in classroom
	 - control temperature
	 - accommodate specific allergic reactions

       B.  There may be a need to modify classroom/building to accommodate 
	 equipment needs. 
For example:
	 - plan for evacuation for wheelchair-bound students
	 - schedule classes in accessible areas

       C.  There may be a need to modify building health/safety procedures.
For example:
	 - administer medication
	 - apply universal precautions
	 - accommodate special diets

    OVERVIEW OF SECTION 504

Section 504 in and of itself is very generally stated. Though the regulations serve to provide further definition, there is much left to local interpretation. The purpose of this section is to provide an overview of Section 504 by providing the Statute, Regulations, and definition of terms.

A

FEDERAL STATUTE FOR SECTION 504
OF THE REHABILITATION ACT OF 1973

"No otherwise qualified individual with a handicap in the United States, as defined in Section 706(6) of this Title, shall, solely on the basis of his or her handicap, be denied participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by the United States Postal Service. The head of each agency shall promulgate regulations as may be necessary to carry out the amendments made to this section of the Comprehensive Rehabilitation and Developmental Disabilities Act of 1978..."

B

FEDERAL REGULATIONS FOR SECTION 504

SUBPART D

PRESCHOOL, ELEMENTARY,
AND SECONDARY EDUCATION

Subpart D applies to preschool, elementary, secondary, and adult education programs and activities that receive or benefit from financial assistance and to recipients that operate, or that receive or benefit from Federal financial assistance for the operation of such programs or activities.

SECTION 104.32		LOCATION AND NOTIFICATION

A recipient that operates a public elementary or secondary education program shall annually:

a.  Undertake to identify and locate every qualified handicapped person residing in
     the recipient's jurisdiction who is not receiving a public education; and
b.  Take appropriate steps to notify handicapped persons and their parents or 
      guardians of the recipient's duty under this subpart.

SECTION 104.33   FREE APPROPRIATE PUBLIC EDUCATION

a.  General. A recipient that operates a public elementary or secondary   
     education program shall provide a free appropriate public education to each
     qualified handicapped person who is in the recipient's jurisdiction, regardless
     of the nature or severity of the person's handicap.

b.  Appropriate Education. 

     1.  For the purpose of this subpart, the provision of an appropriate education is
          the provision of regular or special education and related aids and services 
          that: (i) are designed to meet individual education needs of handicapped 
          persons as adequately as the needs of nonhandicapped persons are met and 
          (ii) are based upon adherence to procedures that satisfy the requirements of
          Sections 104.34, 104.35, and 104.36.

     2.  Implementation of an individualized education program developed in 
          accordance with the Individuals with Disabilities Education Act (IDEA) is
          one means of meeting the standard established in paragraph (b) (1)(i) of
          this section.

     3.  A recipient may place a handicapped person in or refer such person to a 
          program other than the one that it operates as a means of carrying out the
          requirements of this subpart. If so, the recipient remains responsible for 
          ensuring that the requirements of this subpart are met with respect to any
          handicapped person so placed or referred.

c.  Free Education. 

     1.  General. For the purpose of this section, the provision of a free education is 
           the provision of educational and related services without cost to the
           handicapped person or to his or her parents or guardian, except for those
           fees that are imposed on nonhandicapped persons or their parents or
           guardian. It may consist of the provision of free services or, if a recipient 
           places a handicapped person in or refers such person to a program not 
           operated by the recipient as its means of carrying out the requirements of
           this subpart, of payment for the costs of the program. Funds available from
           any public or private agency may be used to meet the requirements of this
           subpart. Nothing in this section shall be construed to relieve an insurer or
           similar third party from an otherwise valid obligation to provide or pay for
           services provided to a handicapped person.

     2.  Transportation. If a recipient places a handicapped person in or refers such
           person to a program not operated by the recipient as its means of carrying 
           out the requirements of this subpart, the recipient shall ensure that adequate
           transportation to and from the program is provided at no greater cost than
           would be incurred by the person or his or her parents (or guardian) if the
           person were placed in the program operated by the recipient.

     3.  Residential Placement. If placement in a public or private residential program
          is necessary to provide a free appropriate public education to a handicapped
          person because of his or her handicap, the program, including non-medical 
          care and room and board, shall be provided at no cost to the person or his or
          her parents or guardian.

     4.  Placement of Handicapped Persons by Parents. If a recipient has made
          available in conformance with the requirements of this section and Section 
          104.34, a free appropriate public education to a handicapped person and the
          person's parents or guardian choose to place the person in a private school, 
          the recipient is not required to pay for the person's education in the private
          school. Disagreements between a parent or guardian and a recipient regarding
          whether the recipient has made such a program available or otherwise
          regarding the question of financial responsibility are subject to the due 
          process procedures of Section 104.36.

d.      Compliance. A recipient may not exclude any qualified handicapped person 
         from a public elementary or secondary education after the effective date of this
         part. A recipient that is not, on the effective date of this regulation, in full 
         compliance with the other requirements of the preceding paragraphs of this
         section shall meet such requirements at the earliest practicable time and in no
         event later than September 1, 1978.

SECTION 104.34	EDUCATIONAL SETTING

a.       Academic Setting. A recipient to which this subpart applies shall educate, or
          shall provide for the education of, each qualified handicapped person in its
          jurisdiction with persons who are not handicapped  to the maximum extent 
          appropriate to the needs of the handicapped person. A recipient shall place
          a handicapped person in the regular educational environment operated by the
          recipient unless it is demonstrated by the recipient that the education of the
          person in the regular environment with the use of supplementary aids and
          services cannot be achieved satisfactorily. Whenever a recipient places a
          person in a setting other than the regular educational environment pursuant
          to this paragraph, it shall take into account the proximity of the alternate
          setting to the person's home.

b.       Nonacademic Settings. In providing or arranging for the provision of
          nonacademic and extracurricular services and activities, including meals,
          recess periods, and the services and activities set forth in Section 104.37 (a)(2),
          a recipient shall ensure that handicapped persons participate with
          nonhandicapped persons in such activities and services to the maximum
          extent appropriate to the needs of the handicapped person in question.

c.      Comparable Facilities. If a recipient, in compliance with paragraph (a) of the
         section, operates a facility that is identifiable as being for handicapped 
         persons, the recipient shall ensure that the facility and the services and 
         activities provided therein are comparable to the other facilities, services, 
         and activities of the recipient.    

SECTION 104.35 	EVALUATION AND PLACEMENT

a.     Preplacement Evaluation. A recipient that operates a public elementary or
        secondary education program shall conduct an evaluation in accordance with 
        the requirements of paragraph (b) of this section of any person who, because
        of handicap, needs or is believed to need special education or related services
        before taking any action with respect to the initial placement of the person in a
        regular or special education program and any subsequent significant change in
        placement.   

b.     Evaluation Procedures. A recipient to which this subpart applies shall establish
        standards and procedures for the evaluation and placement of persons who, 
        because of handicap, need or are believed to need special education or related
        services which ensure that:

        1.  Tests and other evaluation materials have been validated for the specific
              purpose for which they are used and are administered by trained personnel
              in conformance with the instructions provided by their producer,

        2.  Tests and other evaluation materials include those tailored to assess specific
              areas of educational need and not merely those which are designed to 
              provide a single general intelligence quotient; and

        3.  Tests are selected and administered so as best to ensure that, when a test is
              administered to a student with impaired sensory, manual, or speaking skills,
	  the test results accurately reflect the student's aptitude or achievement level
              or whatever other factor the tests purports to measure, rather than 
              reflecting the student's impaired sensory, manual, or speaking skills (except
              where those skills are the factors that the test purports to measure). 

c.     Placement Procedures. In interpreting evaluation data and in making placement
        decisions, a recipient shall:

       1.  Draw upon information from a variety of sources, including aptitude and 
            achievement tests, teacher recommendations, physical condition, social or
            cultural background, and adaptive behavior;

       2.  Establish procedures to ensure that information obtained from all such 
            sources is documented and carefully considered;

       3.  Ensure that the placement decision is made by a group of persons, including
            persons knowledgeable about the child, the meaning of the evaluation data, 
	and the placement options; and

       4.  Ensure that the placement decision is made in conformity with Section 
            104.34.

d.    Re-evaluation. A recipient to which this section applies shall establish paragraph
       (b) of the section, for periodic re-evaluation of students who have been provided
       special education and related services. A re-evaluation procedure consistent  
       with the Education for the Handicapped Act is one means of meeting this 
       requirement. 

SECTION 104.37	PROCEDURAL SAFEGUARDS

A recipient that operates a public elementary or secondary education program shall
establish and implement, with regard to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap need or are believed to need special instruction of related services, a system of procedural
safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of Section 615 of the Individuals with Disabilities Act (IDEA) is one means of meeting this requirement. 

SECTION 104.37	NONACADEMIC SERVICES.

a.    General.
       
       1.  A recipient to which this subpart applies shall provide nonacademic and 
            extracurricular services and activities in such a manner as is necessary to
            afford handicapped students an equal opportunity for participation in such
            services and activities. 

       2.  Nonacademic and extracurricular services and activities may include 
	counseling services, physical recreational athletics, transportation, health
            services, recreational activities, special interest groups or clubs sponsored
            by the recipients, referrals to agencies which provide assistance to
            handicapped persons, and employment of students, including both
            employment by the recipient and assistance in making available outside
            employment.

b.    Counseling Services. A recipient to which this subpart applies that provides
       personal, academic, or vocational counseling, guidance, or placement services to
       its students shall provide these services without discrimination on the basis of
       handicap. The recipient shall ensure that qualified handicapped students are 
       not counseled toward more restrictive career objectives than are
       nonhandicapped students with similar interests and abilities.

c.    Physical Education and Athletics. 

      1.  In providing physical education courses and athletics and similar programs
           and activities to any of its students, a recipient to which this subpart applies
           may not discriminate on the basis of handicap. A recipient that offers 	physical education courses or that operates or supports interscholastic, club, 	or intramural athletics shall provide to qualified handicapped students an 	equal opportunity for participation in these activities.

      2.  A recipient may offer to handicapped students physical education and 
           athletic activities that are separate or different from those offered to
           nonhandicapped students only if separation or differentiation is consistent
           with the requirements of Section 104.34 and only if no qualified handicapped
           student is denied the opportunity to compete for teams or to participate in
           courses that are not separate or different.

SECTION 104.38	PRESCHOOL AND ADULT EDUCATION PROGRAMS

A recipient to which this subpart applies that operates a preschool education or day 
care program or activity or an adult education program or activity may not, on the 
basis of handicap, exclude qualified handicapped persons from the program or activity and shall take into account the needs of such persons in determining the aid,
benefits, or services to be provided under the program or activity.

SECTION 104.39	PRIVATE EDUCATION PROGRAMS

a.    A recipient that operates a private elementary or secondary education program
       may not, on the basis of handicap, exclude a qualified handicapped person from
       such program if the person can, with minor adjustments, be provided an
       appropriate education, as defined in Section 104.33 (b)(1), with the recipient's
       program.

b.    A recipient to which this section applies may not charge more for the provision
       of an appropriate education to handicapped persons than to nonhandicapped
       persons except to the extent that any additional charge is justified by a 
       substantial increase in cost to the recipient.

c.    A recipient to which this section applies that operates special education
       programs shall operate such programs in accordance with the provisions of
       Section 104.35 and 104.36. Each recipient to which this section applies is 
       subject to the provisions of Sections 104. 34, 104.37, and 104.38. 

SECTION 512	AMENDMENTS TO THE REHABILITATION ACT
                                    (Effective January 01, 1991)

a.    Definitions of Handicapped Individual. Section 7(8) of the Rehabilitation Act
       of 1973 (29 U.S.C. 706(8) is amended by redesignating subparagraph (C) as 
       subparagraph (D), and by inserting after subparagraph (B) the following 
       subparagraph:

	"(C)(i) for purposes of title V, the term 'individual with handicaps' does not
     	include an individual who is currently engaging in the illegal use of drugs;
            when a covered entity acts on the basis of such use.

	"(ii)Nothing in clause (i) shall be construed to exclude as an individual with
            handicaps an individual who--

	    (I)    "has successfully completed a supervised drug rehabilitation
                        program and is no longer engaging in the illegal use of drugs, or has
                        otherwise been rehabilitated successfully and is no longer engaging
	            in such use;

	    (II)  "is participating in a supervised rehabilitation program and is no 
                       longer engaging in such use; or

               (III) "is erroneously regarded as engaging in such use, but is not engaging
                       in such use;

          except that it shall not be a violation of this Act for a covered entity to adopt
          or administer reasonable policies or procedures, including but not limited to
          drug testing, designed to ensure that an individual described in subclause (I)
          and (II) is no longer engaging in the illegal use of drugs.

         "(iii) Notwithstanding clause (i), for purposes of programs and activities
         providing health services and services provided under titles I, II, and III, an
         individual shall not be excluded from the benefits of such programs or
         activities on the basis of his or her current illegal use of drugs if he or she is
         otherwise entitled to such services.

        "(iv) For purposes of programs and activities providing educational services,
        local educational agencies may take disciplinary action pertaining to the use 
        or possession of illegal drugs or in the use of alcohol to the same extent that
        such disciplinary action is taken against nonhandicapped students. 
        Furthermore, the due process procedures at 34 C.F.R. 104.36 shall not apply
        to such disciplinary actions.

       "(v) For purposes of sections 503 and 504 as such sections relate to employment,
       the term 'individual with handicaps' does not include any individual who is an
       alcoholic whose current use of alcohol prevents such individual from 
       performing the duties of the job in question or whose employment, by reason of
       such current alcohol abuse, would constitute a direct threat to property or the
       safety of others. 

A

DEFINITIONS

1.  Handicapped Person (Individual with Handicaps/Disabilities) - means any 
     person who (1) has a physical or mental impairment, (2) has a record of such an
     impairment, or (3) is regarded as having such an impairment.

     (a)  Physical or Mental Impairment - any psychological disorder or condition,
           cosmetic disfigurement, or anatomical loss affecting one or more of the 
           following body systems: neurological; musculoskeletal; special sense organs;
           respiratory, including speech organs; cardiovascular; reproductive, digestive;
           genito-urinary; hermic and lymphatic; skin; and endocrine; or any mental or
           psychological disorder, such as mental retardation, organic brain syndrome,
           emotional or mental illness, and specific learning disabilities.

    (b)  Has a record of such impairment - or has been misclassified as having a 
          physical or mental impairment that substantially limits one or more major
          life activities.

   (c)  Is regarded as having an impairment - has a physical or mental impairment
         that does not substantially limit major life activities but that is treated by a
         recipient as constituting such a limitation; has a physical or mental 
         impairment that substantially limits life activities only as a result of the 
         attitudes of others toward such impairment.

2.  Handicapped Individual (as it relates to drug/alcohol users) - The term
     "individual with handicaps" does not include an individual who is currently
     engaging in the illegal use of drugs, when a covered entity (public school) acts
     on the basis of such use. It does not exclude an individual who:

    (a)  has successfully completed a supervised drug rehabilitation program and is
          no longer engaging in the illegal use of drugs or has otherwise been 
          successfully rehabilitated and is no longer engaging in such use.

    (b)  is participating in a supervised rehabilitation program and is no longer 
          engaging in such use; or

    (c)  is erroneously regarded as engaging in such use, but is not engaging in such
          use.
     
     The term "individual with handicaps" does, however, include an individual who 
     is currently engaging in the use of alcohol (as long as such use does not
     substantially interfere with employment).

3.  Substantially Limits - Though not defined in the Regulations, the Section 504
     Conference Committee will further define how the physical or mental
     "impairment" (handicap) "substantially limits" one or more major life activities
     during its deliberation. It is generally accepted that without modifications and/or
     intervention, the student would not be afforded an equal opportunity to an 
     appropriate education. A "substantial limitation" therefore serves as a barrier
     preventing equal access to a major life activity (i.e. learning, etc.).

4.  Major Life Activities - means functions such as caring for one's self, performing
     manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
     working.

5.  Qualified Handicapped Person (Individual with Handicaps/Disabilities) - 

     (a)  With respect to employment, a handicapped person who, with reasonable
        	accommodation, can perform the essential functions of the job in question;

     (b)  With respect to public preschool, elementary, secondary, or adult
            educational services, a handicapped person (1) of an age during which
 	nonhandicapped persons are provided such services, (2) of an age during
 	which it is mandatory under state law to provide such services to 
	handicapped persons, or (3) to whom a state is required to provide a
 	free and appropriate public education under Section 612 of the Individuals
	with Disabilities Education Act (IDEA);

     (c)  With respect to postsecondary and vocational education services, a 
	handicapped person who meets the academic and technical standards
	requisite to admission or participation in the recipient's education program
	or activity; and

     (d)  With respect to other services, a handicapped person who meets the 
	essential requirements for the receipt of such services.

6.  Appropriate Education - (1) for a student who has never been enrolled in a 
     public or private elementary school, performance at or not substantially below
     expected developmental levels for a student of the same age; (2) for a student
     who is currently enrolled in a public or private elementary or secondary school
     but not receiving special education and related services or is a high school 
     dropout, performance at or not substantially below expected competencies 
     established for grade and/or age level; (3) for a student who is currently 
     receiving special education and related services, substantial progress toward
     the attainment of at least a majority of the short-term instructional objectives
     established in each goal area.

The public school is responsible for providing a free appropriate public education to those of school age. For special education, it is generally age three through twenty-one, though some states have a birth through twenty-six mandate. General education, on the other hand, may vary from age three to seven to eighteen through twenty-one. It is the public school's responsibility to identify and locate all individuals with disabilities whether or not they are responsible by law to provide direct services.

7.  Eligible Student - a person who:

     (1)  is eligible for special education services as per IDEA;

     (2)  has a physical or mental impairment, not set forth in the IDEA regulations;

     (3)  does not achieve education satisfactorily due to significant physical or mental
            impairment which significantly limits participation in one or more major life
            activities; and

     (4)  requires the provision of a multidisciplinary evaluation, a supplementary 
           service or aid, a related service, or some other reasonable accommodation to 
           receive an appropriate education.

8.  Equally Effective - means equivalent as opposed to identical. Moreover, to be 
     equally effective, an aid, or service need not produce equal results; it must merely
     afford an equal opportunity to achieve equal results. 

PERRY COUNTY SCHOOL DISTRICT

CHILD FIND NOTICE

The Perry County School District has an ongoing CHILD FIND campaign. The purpose of this campaign is to find any child or youth who resides in a home, facility, or residence in the Perry County School District and may have a disability and need special education. The District is looking for those children and youth, age birth and up to 21 years, who are not in school or those who are in school but not receiving the special education they need to have an appropriate public education.

The District will make sure any child or youth who has a disability, regardless of how severe the disability, is provided an appropriate public education at no cost to the parents of the child or youth.

Children and youth with disabilities means those who have hearing impairments, vision impairments, severe emotional disability, both deafness and blindness, health impairments, specific learning disabilities, mental disabilities, multiple disabilities, speech and language impairments, physical disabilities, autism, developmental delays, or traumatic brain injuries. In addition, children and youth with any disability which substantially limits a major life activity may receive modifications to allow them access to an appropriate education (Section 504 of the Rehabilitation Act, as amended).

Parents, relatives, public and private agencies employees, and concerned citizens are urged to help the District find any infant, toddler, child, or youth who may have a disability and need special education and related services. The school district needs to know the name and age or date of birth of the child or youth, the name, address, and phone number of his or her parents or guardian; the possible disability; and other information to determine if special education is needed. Letters and phone calls are some of the ways the District collects the information needed. The information the school district collects will be used to contact the parents of the child or youth and find out if the child or youth needs to be evaluated. 

If you know of a child or youth who lives in the District, who may have a disability and is not receiving needed services, bring, telephone, or send information to: 
the Director of Special Education, Perry County Board of Education, 315 Park Avenue, Hazard, Kentucky 41701. Office hours are 8:00 a.m. - 4:00 p.m., Monday through Friday. The phone number is 606-439-5813.

CHILD FIND activities will continue throughout the school year. As part of these efforts, the District will use screening information, student records, and basic assessment information it collects on all children and youth in the district to help locate those children and youth who have a disability and need special education. 
Any information the District collects through CHILD FIND is maintained confidentially. Parents and eligible students have the right to inspect and review their educational records, as well as ask for changes in the records if they disagree with the information in the records. The District has policies and procedures for keeping information confidential. These policies and procedures are based on the Family Education Rights and Privacy Act and the Individuals with Disabilities Education Act.

 The District keeps child and youth records in a secure computer system and in locked files in each school and the central office. Records are kept for at least seven years after they are no longer needed for education purposes. They are kept longer if there is an outstanding request to review them. The District gives notice before
destroying the records by shredding them. The district obtains parental consent before disclosing information from the records.

Copies of the District's policies and procedures as well as information about disabilities and special education are available from the Director of Special Education, or the principal of each school in the District. If you know of someone who needs this translated into another language, given orally, or in some other manner, contact the Director of Special Education, Perry County Board of Education, 315 Park Avenue, Hazard, Kentucky 41701. 

				
        
APPENDIX I

PERRY COUNTY SCHOOL DISTRICT

SECTION 504

GRIEVANCE PROCEDURES

LEVEL ONE-Building Principal or Head Administrator

Anyone who has a complaint regarding harassment or discrimination on the basis of disability in relation to Section 504 of the Rehabilitation Act of 1973 shall present to the building Principal or Head Administrator such complaints, in writing, in an effort to arrive at a workable solution. The complaint shall be handled promptly, allowing no more than five working days to elapse before a written response is made by the Principal or Head Administrator and presented or mailed to the person who issued the complaint.

LEVEL TWO-DISTRICT 504 COMMITTEE

If the person making the complaint is not satisfied with the response from the Principal or Head Administrator, that person may appeal, in writing, to the Perry County School District Section 504 Coordinator who will present the matter before the District 504 Committee for consideration and which will respond, in writing, within five working days after notification of such complaint.

LEVEL THREE-DISTRICT SUPERINTENDENT

If the person making the complaint is not satisfied with the response from the District 504 Coordinator and the District 504 Committee, that person may appeal, in writing, to the District Superintendent. The Superintendent, in conjunction with members of the Central Office Staff, shall respond, in writing, within five working days after notification of such complaint.

APPENDIX I (Continued)

PERRY COUNTY SCHOOL DISTRICT

SECTION 504

GRIEVANCE PROCEDURES

	
     
LEVEL FOUR-PERRY COUNTY BOARD OF EDUCATION

If the solution offered by the Superintendent is unacceptable to the complaining party, an appeal, in writing, may be made to the Perry County Board of Education. The Board shall consider the complaint at a regularly scheduled or special Board meeting after receiving the written appeal.  A decision reached by the Board shall be considered final, and shall be mailed in written form to the complaining party 
the next working day after the Board meeting is held. 

In cases of complaints concerning the identification, evaluation, or educational placement of students with disabilities, the parents, or adult student, also have the right to an impartial hearing to resolve the issue.

None of the procedures herein in any way deny the right of the grievant to file formal complaints with regulatory agencies.

SECTION 504
RELEASE OF INFORMATION
PERRY COUNTY SCHOOL DISTRICT

STUDENT:______________________ 	DATE OF BIRTH:_________

SCHOOL:_______________________	GRADE:_________________

A referral has been initiated for the above student under Section 504 of the Rehabilitation Act of 1973. In order to provide the most appropriate instruction 
and assistance in the school setting, I hereby give permission for the requested information to be released to:

504 Chairperson:_________________________________________

School:_________________________________________________

Address:________________________________________________

Phone:__________________________________________________

INFORMATION REQUESTED:

_______________________________________________________________________

_______________________________________________________________________

Signature:__________________________	Relationship to Student:_______________

Address:________________________________________________________________

Phone:______________________		Date Signed:________________________

cc:  Parent
       Educational Record

SECTION 504
PHYSICIAN QUESTIONNAIRE
FOR MEDICAL CONCERNS
PERRY COUNTY SCHOOL DISTRICT

Student:_____________________	Date of Birth:_________________

1. Detail available medical background, including a written diagnostic
    statement with the ICD9 Medical Diagnosis and Code or the DSM IV
    Diagnosis and Code and copies of any/all reports.
    
    _______________________________________________________
    
    _______________________________________________________
    
2. In your opinion, do these difficulties "substantially limit" this
    student's ability to access, receive, and benefit from learning or 
    school activities? If yes, how?

    ________________________________________________________

    ________________________________________________________

3. Recommendations for consideration at an upcoming conference.

    _________________________________________________________

    _________________________________________________________

Please attach any reports pertinent to the medical/educational needs of this student.

Please forward this copy to ____________________________ by _______________.
				School Based 504 Chairperson 		Date
cc: Parent
      Educational Record

CONFERENCE MINUTES
Perry County School District
315 Park Avenue
Hazard, Kentucky 41701
606-439-5813

Student: __________________________________  Date of birth: ________________

School: ___________________________________  Date of Conference: ___________

Issue(s) Discussed:

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Decision(s) Made: 

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Participant’s Signatures:

__________________________________	___________________________________

__________________________________	___________________________________

__________________________________	___________________________________

Recorder: ______________________________________  Page: ____ of ____

The Perry County Board of Education does not discriminate on the basis of race, color, national origin, age, religion, sex, genetic information, political affiliation, or disability in employment, educational programs or activities.

SCHOOL BASED 504 TEAM

School: ___________________________________

Address: _____________________  	Phone: _________  
                _____________________
	       _____________________

Principal: _________________________________

School Based 504 Team Members Should Include:

     Principal (School Based 504 Team Chairperson)

     Referring Individual(s)

     Parent(s)/Guardian(s)

     The Student's Present Teacher(s)

     Person(s) Knowledgeable of Evaluations

     Other Person, or Persons, who can contribute
     to the Team as Necessary.

		

504
DISTRICT 
COMMITTEE

	Jason Richie, Jr.		Chairman (Coordinator)

	Johnny Wooton		Assistant Superintendent
	
	Jonathan Jett			Chief Academic Officer

	Harvey Colwell			Director of Special Education
    			
	Nancy Crawford		School Nurse