Referral Process

Any person can refer a student for consideration under Section 504.  Parents, guardians and school staff should refer a student if they know or suspect that the student has a condition that substantially limits a major life activity, including learning. In reviewing a referral, it should be considered whether classroom level supports and interventions have been attempted and implemented, if appropriate, within the general education program. Teachers should apply techniques to accommodate student needs within the classroom, utilizing site-established processes, whenever feasible.

Teachers are encouraged to use Response to Intervention (RtI)/ Multi-Tiered Systems of Support (MTSS) to identify students at risk for poor learning outcomes, monitor student progress, provide evidence-based interventions and adjust the intensity and nature of those interventions depending on a student’s responsiveness.  RtI may help to identify students with suspected disabilities who should be referred for consideration of eligibility under Section 504 or the Individuals with Disabilities Education Act (“IDEA”).   RtI strategies may include adjustments in presentation of material, classroom setting, redirection of behavior, or direct individual support before, during or after school. 

Note:  RTI/ MTSS should not be used to delay a parent request for evaluation unless the parent agrees in writing to withdraw their request for an evaluation under Section 504 and proceed with RTI/ MTSS instead.

At the point where a student continues to have significant difficulty and is not responsive to general education interventions, where appropriate, or a parent/guardian has made a request for referral for a Section 504 evaluation to the 504 Site Lead, a Student Support Team meeting may be convened. In addition to the parent/guardian, a Student Support Team (SST) may include general education teachers, administrators, school psychologist, nurse/health technicians, guidance counselors, student advocates, etc. who meet on a regular basis to discuss and address student needs.  

The purpose of the SST is to further investigate the needs of the student and consider additional formalized interventions, if appropriate, or whether the student should be referred for consideration of eligibility under Section 504 or the IDEA.  Site support teams utilize a wide range of evidence to guide recommendations and interventions, including: 

• Parent input
• Teacher reports
• Progress reports, report cards
• Transcripts
• Previous evaluations
• Classroom observations
• Medical history
• Intervention strategies used
• Standardized achievement tests
• Discipline records
• Attendance records
• Counseling records
• Language assessments
• Outside reports

The SST results in one of three things: 

1. Ongoing or additional general education interventions (such as Response to Intervention);
2. A referral for Section 504 eligibility, and/or;
3. A referral for a special education evaluation pursuant to the IDEA.   

If it is determined that the student should be referred for a Section 504 eligibility evaluation, then parents will be offered a Permission for Section 504 Evaluation form.  The law requires that a Section 504 eligibility determination, including any assessments necessary, be completed in a “reasonable period of time.”   The District expects that this process shall be completed within 60 days of the initial written request for referral. 

Note: The SST Process shall not be used to delay responding to a request for referral. The site team should respond to a 504 request/ referral within a 15-day timeline.  

If a student has been referred for Section 504 eligibility, the Section 504 Site Lead will take the following steps:

Relevant information may include, among other things:  

1. Under Section 504, the District must assess any student “who, because of handicap, needs or is believed to need special education or related services” under Section 504, but it does not specify any particular circumstances that trigger the obligation to conduct an evaluation. Accordingly, the determination as to whether to evaluate a student must be made on a case-by-case basis.  Examples of “red flags” that could indicate consideration for possible support and evaluation under Section 504/ADA include:
   • Shows a marked decline in grades, failing grades, or a failure to advance from grade to grade
   • Is not responding to general education interventions
   • Is returning to school after a serious illness or injury
   • Is returning to school after alcohol or drug treatment
   • Has a temporary impairment that will be substantially limiting for an extended period of time
   • Has an impairment that is episodic or is in remission that is substantially limiting when active
   • Is taking new medication or has stopped taking medication
   • Is experiencing negative social, emotional and/or behavioral issues at school
   • Is chronically absent from school
   • Disciplinary issues;
   • An inability to attend school based on illness or mental health condition;
   • A known mental health diagnosis;
   • A known physical health diagnosis;
   • A return to school after inpatient or outpatient mental health treatment;
   • An extended hospitalization for a physical condition or illness;
   • Academic or behavior problems;
   • Repeated expression of parent concern about student’s performance with other indicators of possible disability;
   • History of disability or “at risk” designation; 
   • A determination that a student does not qualify (or continue to qualify) for special education but you continue to suspect a mental or physical impairment;
   • When a disability (whether physical or mental) is known or suspected; 
      
2. If the District determines that evaluation for 504 evaluation is not warranted, the Section 504 Site Lead will inform the parent/guardian in 15 days of the decision and the reasons for such decision in writing and provide the parent/guardian with a copy of the Parent Rights and Procedural Safeguards which inform the parent/guardian of their right, among other things, to file a complaint regarding an alleged violation of Section 504 with the Office for Civil Rights (“OCR”), or have an impartial hearing if they disagree with any District decision regarding the identification, evaluation, or educational placement of their child under Section 504.
    
3. If the District determines that further evaluation for eligibility under Section 504 is warranted, the District will conduct an evaluation of the student after obtaining written consent from the parent/guardian. 
    
4. Obtain written consent from parent/guardian to conduct formal or informal assessments of the student, as deemed necessary by District.
    
5. Obtain releases of information from parent/guardian, as appropriate, authorizing the District to communicate with and receive information regarding the student from private medical and/or mental health providers.
    
6. Determine an initial Section 504 Team meeting date.
    
7. Collect relevant information necessary to make a knowledgeable decision as to whether or not the student is eligible for a Section 504 Service Plan. In deciding whether a student is eligible for a Section 504 Service Plan, and in making placement decisions, the Section 504 Team will collect and carefully interpret evaluation data drawn from a variety of sources.  The information obtained from all such sources must be documented in an assessment report and all significant factors related to the student's suspected impairment must be considered.

Information from Outside Sources

The Section 504 Team should also consider information provided by a physician, psychologist, psychiatrist, other health professionals, or other outside persons who are knowledgeable of the student's condition and the effect of the condition on a major life activity. The District must obtain written informed consent from the parent/guardian in order to contact a physician or other health professional directly or request records.  

Assessment Tools

Every student must be assessed before a determination of the student’s eligibility under Section 504 is made and before taking any action with respect to the initial placement of the student and any subsequent significant change in placement.  The extent of such assessment depends on the complexity of the student’s suspected disability.  The Section 504 Site Lead is responsible for determining the scope of each student’s assessment, with input from parents and staff, as appropriate.  

Tests and other evaluation materials must be: 

• Validated for the specific purpose for which they are used;  
   
• Administered by trained personnel in conformance with the instructions provided by their producer;  
   
• Tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; 
   
• 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 test 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).

In evaluating a student, the District may administer and use formal and informal measures, as it deems necessary.  When an assessment is recommended in order to determine eligibility, the Section 504 Team must obtain informed and written consent from the parent/guardian before the student is evaluated. (See Appendix G - Permission for 504 Evaluation). 

Evaluation refers to a gathering of data or information from a variety of sources so that the committee (site 504 Team) can make the required determinations.  34 CFR § 104.35 (c) (1).  Since the assessment information needed to determine eligibility will vary based on the suspected disability, formal testing may not be required to determine eligibility.