>> Program for Exceptional Children

Compliance with 504

The Bibb County School System complies with Section 504 of the Rehabilitation Act of 1973. Section 504 is civil rights legislation that prohibits discrimination against persons with disabilities by school districts receiving federal assistance.

The information outlined below is designed to provide an explanation of 504 requirements and procedures used by the school system to comply. It is important to understand that Section 504 is not a component of Special Education. Compliance is a responsibility of the regular instructional program.

According to Section 504, a student with a handicap is defined as a student who

1. has a physical or mental impairment which substantially limits one or more of the
   student’s major life activities,
2. has a record of such impairment, or
3. is regarded as having such an impairment.

Major life activities are defined as functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

In determining who is qualified for Section 504 protection, the law refers to students who meet the definitions above – those who have physical or mental impairments that significantly affect major life activities.

The Bibb County School System uses the Student Support Team (SST) process to deal with Section 504 compliance and to assure that all students receive a free appropriate education.

Identification and referral procedures:

• Any student who needs or is believed to need special services or programs not available through existing programs in order to receive a free appropriate public education may be referred by a parent, teacher, or other certified school employee to the Student Support Team for identification and evaluation of the student’s individual education needs.
• The Student Support Team will be composed of persons knowledgeable about the student, the student’s school history, the student’s individual needs, the meaning of evaluation data, and the placement options. The Principal will monitor the composition of the Student Support Team to ensure that qualified personnel participate.
• The Student Support Team will consider the referral and, based upon a review of the student’s existing records, including academic, social, and behavioral records, make a decision as to whether an evaluation under Section 504 is appropriate. If a request for evaluation is denied, the SST will inform the parents or guardian of this decision and their procedural rights.

Evaluation:

Evaluation of the student and formation of a plan of services will be carried out by the SST according to the following procedures:

• The SST will evaluate the nature of the student’s disability upon the student’s education and determine whether or not the disability substantially limits the student’s ability to learn. This evaluation will include consideration of any behaviors that interfere with regular participation in the educational program and/or activity.
• No final determination of whether the student will or will not be identified as a disabled individual within the meaning of Section 504 will be made by the SST without first inviting the parent or guardian of the student to participate in a meeting concerning such determination. A Section 504 Eligibility Report will be completed by the SST.
• A final decision will be made by the SST in writing, and the parents or guardian of the student shall be notified of the Section 504 procedural safeguards available to them, including the right to an impartial hearing and review.

Plan for Services:

• For a student who has been identified as disabled within the meaning of Section 504 and in need of special services or programs, the SST shall be responsible for determining what special services are needed, and formulating a Service Plan.
• In making such determination, the SST shall consider all available relevant information, drawing upon a variety of sources, including, but not limited to, comprehensive assessments conducted by the School District’s professional staff.
• The parents or guardian shall be invited to participate in the SST meetings where services for the student will be determined, and shall be given an opportunity to examine all relevant records.
• The SST will develop a Service Plan describing the disability and the special services or programs that are needed. The plan will specify how the regular education, reasonable accommodations, and related aids and services will be provided and by whom.
• The team may also determine that no special programs or services are appropriate. If so, the record of the SST proceedings will reflect the identification of the student as a disabled person and will state the basis for the decision that no special services are presently needed.
• A disabled student shall be placed in the regular educational environment of the school district with the use of appropriate accommodations and supplementary aids and services, unless the school district demonstrates that such placement cannot be achieved satisfactorily. The disabled student shall be educated with those who are not disabled to the maximum extent appropriate.
• The SST shall notify the parents or guardian in writing of the final decision concerning the services to be provided.
• If a Service Plan is developed, all school personnel who work with the student shall be informed of the plan.

Review of the Student’s Progress:

The SST will monitor the progress of the student and the effectiveness of the student’s Service Plan annually to determine whether services are appropriate and continue to be necessary, and that the disabled student’s needs are being adequately met.

Procedural Safeguards:

• The parents or guardian shall be notified in writing of all school district decisions concerning the identification, evaluation, or educational placement of students made under Section 504
• The parents or guardian shall be notified that they may examine relevant records.
• In regard to decisions made by the school district, the parents or guardian have the right to an impartial hearing with opportunity for participation by the parents or guardian and their counsel. In the notification of any school district decision concerning identification, evaluation, or placement, the parents or guardian will be advised that:

A request for a Section 504 due-process hearing should be made within thirty-five (35) days of notice of the identification, evaluation, or placement which the parent decides to contest.

The request should be made to:

Deputy Superintendent for Educational Operations Bibb County Board of Education P.O. Box 6157 Macon, Georgia 31213