7.9 Section 504 Grievance Procedure

Board Policy 6164.6

Identification And Education Under Section 504

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board believes that all children, including children with disabilities, should have the opportunity to learn in a safe and nurturing environment. The Superintendent or designee shall work to identify children with disabilities who reside within the jurisdiction of the District in order to ensure that they receive educational and related services required by law.

The Superintendent or designee shall provide qualified students with disabilities with a free appropriate public education (FAPE), as defined under Section 504 of the federal Rehabilitation Act of 1973. Such students shall receive regular or special education and related aids and services designed to meet their individual educational needs as adequately as the needs of students without disabilities are met. (34 C.F.R. § 104.33)

In addition, qualified students with disabilities shall be provided an equal opportunity to participate in programs and activities that are integral components of the District’s basic education program, including, but not limited to, extracurricular athletics, interscholastic sports, and/or other nonacademic activities. (34 C.F.R. § 104.37)

The District’s local control and accountability plan shall include goals and specific actions to improve student achievement and other outcomes of students with disabilities. At least annually, the Superintendent or designee shall assess the District’s progress in attaining the goals established for students with disabilities and shall report these results to the Board. (Education Code § 52052, 52060)

In providing services to students with disabilities under Section 504, the Superintendent or designee shall ensure District compliance with law, including providing the students and their parents/guardians with applicable procedural safeguards and required notifications. Any dispute as to the identification, evaluation, or placement of any student with a disability shall be resolved in accordance with the processes specified in the “Procedural Safeguards” section of the accompanying administrative regulation.

Administrative Regulation 6164.6

Identification and Education under Section 504

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education. 

The Superintendent designates the following position as the District’s 504 Coordinator to implement the requirements of Section 504 of the federal Rehabilitation Act of 1973 (34 CFR 104.7)

Michele McAdams

District’s Section 504 Coordinator

1515 Quintara St.

San Francisco, CA 94116

Phone: (415) 242-2615, ext. 3011

Fax: (415) 242-2618

Definitions

For the purpose of implementing Section 504, the following terms and phrases shall have only the meanings specified below:

• Free appropriate public education (FAPE) means the provision of regular or special education and related aids and services designed to meet the individual educational needs of a student with disabilities as adequately as the needs of students without disabilities are met, at no cost to the student or his/her parent/guardian except when a fee is specifically authorized by law for all students. (34 C.F.R. § 104.33) (cf. 3260 - Fees and Charges) 
• Student with a disability means a student who has a physical or mental impairment which substantially limits one or more major life activities.  (28 C.F.R. § 35.108) 
• Physical impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, immune, hemic, lymphatic, skin, and endocrine. (28 C.F.R. § 35.108) 
• Mental impairment means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.  (28 C.F.R. § 35.108) 
• Substantially limits major life activities means limiting a person’s ability to perform functions, as compared to most people in the general population, such as caring for himself/herself/themself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, and working. Major life activities also includes major bodily functions such as functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions, as well as the operation of an individual organ within a body system. The determination of whether an impairment substantially limits a student’s major life activities shall be made without regard to the ameliorative effects of mitigating measures other than ordinary eyeglasses or contact lenses. Mitigating measures are measures that an individual may use to eliminate or reduce the effects of an impairment, including, but not limited to, medications, medical supplies or equipment, prosthetic devices, assistive devices, reasonable modifications or auxiliary aids or services, learned behavioral or adaptive neurological modifications, psychotherapy, behavioral therapy, or physical therapy.  (42 U.S.C. § 12102; 28 C.F.R. § 35.108)

Referral Identification, and Evaluation

Any action or decision to be taken by the District involving the referral, identification, or evaluation of a student with disabilities shall be in accordance with the following procedures:

• A parent/guardian, teacher, other school employee, student success team, or community agency may refer a student to the principal or 504 Coordinator for identification as a student with a disability under Section 504. (cf. 6164.5 - Student Success Teams) 

• Upon receipt of any such referral, the principal, 504 Coordinator, or other qualified individual with expertise in the area of the student’s suspected disability shall initiate the evaluation process. This process shall include, but need not be limited to, a review of the student’s school records, including those in academic and nonacademic areas of the school program; consultation with persons knowledgeable about the student; and analysis of the student's needs.
  
  If it is determined that an evaluation is not appropriate (e.g. the student is receiving special education services; the student is not suspected of having a disability),, the principal or 504 Coordinator shall provide written notice to the parents/guardians of this decision and of the procedural safeguards available, as described in the “Procedural Safeguards” section below. 

If the student needs or is believed to need special education or related services under Section 504, the District shall conduct an evaluation of the student prior to his/her/their initial placement.  (34 C.F.R. § 104.35).

Prior to conducting an initial evaluation of a student for eligibility under Section 504, the District shall obtain written parent/guardian consent.

The district's evaluation procedures shall ensure that the tests and other evaluation materials:  (34 CFR 104.35)

• Have been validated and are administered by trained personnel in conformance with the instruction provided by the test publishers
• Are tailored to assess specific areas of educational need and are not merely designed to provide a single general intelligence quotient
• Reflect the student's aptitude or achievement or whatever else the tests purport to measure rather than his/her impaired sensory, manual, or speaking skills, except where those skills are the factors that the tests purport to measure

Section 504 Services Plan and Placement

Services and placement decisions for students with disabilities shall be determined as follows:

• A multidisciplinary 504 team shall be convened to review the evaluation data in order to make placement decisions.
  
  The 504 team shall consist of a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. (34 C.F.R. § 104.35) In interpreting evaluation data and making placement decisions, the team shall draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. The team shall also ensure that information obtained from all such sources is documented and carefully considered and that the placement decision is made in conformity with 34 C.F.R. § 104.34. 
• If, upon evaluation, a student is determined to be eligible for services under Section 504, the team shall meet to develop a written 504 services plan which shall specify the types of regular or special education services, accommodations, and supplementary aids and services necessary to ensure that the student receives FAPE.
  
  The parents/guardians shall be invited to participate in the meeting and shall be given an opportunity to examine all relevant records.
• If the 504 team determines that no services are necessary for the student, the record of the team’s meeting shall reflect whether or not the student has been identified as a person with a disability under Section 504 and shall state the basis for the determination that no special services are presently needed. The student’s parent/guardian shall be informed in writing of his/her/their rights and procedural safeguards, as described in the “Procedural Safeguards” section below.
• The student shall be placed in the regular educational environment, unless the District can demonstrate that the education of the student in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. The student shall be educated with those who are not disabled to the maximum extent appropriate to the student’s individual needs. (34 C.F.R. § 104.34)
• The District shall complete the identification, evaluation, and placement process within a reasonable time frame. The District shall adhere to this time frame except when school recesses for vacation for a period exceeding five school days. 
• A copy of the student’s Section 504 services plan shall be kept in the student’s record. The student’s teacher(s) and any other staff who provide services to the student shall be informed of the plan’s requirements.

If a student transfers to another school within the District, the principal or designee at the school from which the student is transferring shall ensure that the principal or designee at the new school receives a copy of the plan prior to the student’s enrollment in the new school.

Review and Reevaluation

The 504 team shall monitor the progress of the student and, at least annually, shall review the effectiveness of the student's Section 504 services plan to determine whether the services are appropriate and necessary and whether the student’s needs are being met as adequately as the needs of students without disabilities are met. In addition, each student with a disability under Section 504 shall be reevaluated at least once every three years.

A reevaluation of the student’s needs shall be conducted before any subsequent significant change in placement. (34 C.F.R. § 104.35)

Procedural Safeguards

The Superintendent or designee shall notify the parents/guardians of students with disabilities of all actions and decisions by the District regarding the identification, evaluation, or educational placement of their children. The District shall notify the parents/guardians of all the procedural safeguards available to them if they disagree with the District’s action or decision, including an opportunity to examine all relevant records, file a grievance, and to request an impartial hearing in which they shall have the right to participate. (34 C.F.R. § 104.36)

Grievance Procedure Regarding Identification, Evaluation or Educational Placement

The District encourages early and informal resolution of matters with the school site Section 504 Coordinator. However, when it is not possible to reach an agreement with the student's school regarding a child’s identification, evaluation, or educational placement, then the parent may file a grievance/complaint to request an administrative review under Section 504 as follows:

1. A written Section 504 complaint must be filed within six months from the date of the incident, the date the parent received the written notice from the District, or the date the complainant first obtained knowledge of the facts of the alleged discrimination. The time for filing may be extended for up to 90 calendar days by the District's Section 504 Coordinator for good cause based upon a written request by the complainant setting forth the good cause for the request for the extension.
2. Within 10 business days of the Office of Equity's receipt of the grievance, the District Section 504 Coordinator, or designee, will begin an investigation of the grievance. The District Section 504 Coordinator will provide the complainant and/or the complainant's representative with the opportunity to present the information contained in the grievance and provide any evidence, or information leading to evidence, to support the allegations in the complaint. Evidence or information may be presented to the District Sections 504 Coordinator at any time during the investigation. 
3. Unless extended by written agreement with the complainant, the District Section 504 Coordinator will send a written report of the investigation and decision within 60 calendar days of the District's receipt of the grievance. 
4. Any complainant who is dissatisfied with the District Section 504 Coordinator's findings may file an appeal with the California Department of Education, Office of Equal Opportunity. The written appeal must be sent within 15 days of receipt of the District's letter of findings and should specify the reasons for appealing the decision, and include a copy of the original complaint and the District's decision. 
5. Alternatively, a complainant may file a complaint with the U.S Department of Education's Office of Civil Rights at any time, though must do so within 180 days of the alleged violation. 
6. Complainants are not required to utilize the District's grievance procedure prior to seeking remedies before civil courts or other public agencies, or requesting an impartial due process hearing from the District. 
7. Complainants may contact the Office of Equity to inquire about requesting an impartial due process hearing for disagreements with the school's substantive outcomes regarding the identification, evaluation, and educational placement or provision of a free appropriate public education (FAPE) under Section 504. 
8. No district employee or agent shall intimidate, threaten, coerce, discriminate, or otherwise retaliate against any individual for the purpose of interfering with any rights they have under the grievance processes set forth above.

Procedural Safeguards and Complaints for Special Education relating specifically to students with disabilities eligible for services under the Individuals with Disabilities Education Act (IDEA) can be found at Board Policy and Administrative Regulation 6159.1.

Impartial Due Process Hearings

Parents may request impartial hearings to contest school actions or alleged procedural violations related to Section 504 identification, evaluation, and accommodations/services, including failure to implement students' plans, by sending a written request to the Executive Director in the Office of Equity within six months of the alleged violation or disagreement.

Within 30 days of receiving the parent/guardian’s request, the Office of Equity shall select an impartial hearing officer, qualified to review the District's decisions relating to Section 504, who will not be a District employee, nor anyone with any professional, supervisory, or advisory, or personal relationship with the student or student's family, school site staff, or the implementation of the Section 504 process. This 30-day deadline may be extended for good cause or by mutual agreement of the parties.

The impartial hearing process is as follows:

1. Both the District and parents will have the right to present written and oral evidence during the hearing process. The hearing officer will decide whether the presented evidence is relevant. 
2. Both the District and the parents will have the right to question and cross examine witnesses. 
3. Parents have the right to seek representation by an attorney for the hearing or be accompanied by individuals with special knowledge or training related to the problems of students with disabilities under Section 504 at the parent’s own expense.
4. Hearings shall be conducted and written decisions mailed to parties within 60 calendar days of receipt of the written request for hearing. This 60-day deadline may be extended for good cause or by mutual agreement of the parties.
5. Either party has the right to seek a review of the Section 504 hearing officer's decision by a court of appropriate jurisdiction. 

The parties shall abide by the Section 504 hearing officer's decision unless it is stayed, modified, or overturned by a court of competent jurisdiction.

Notifications

The Superintendent or designee shall ensure that the District has taken appropriate steps to notify students and parents/guardians of the District’s duty under Section 504.  (34 C.F.R. § 104.32)