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Section 504 Plans

What is Section 504?

Section 504 of the Rehabilitation Act is a federal law that protects qualified individuals from discrimination based on their disability and applies to organizations that receive financial assistance from any Federal department or agency. i

Section 504’s purpose is to ensure that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities.  An eligible student under Section 504 is a student who has a physical or mental impairment that substantially limits a major life activity. If a student is covered by Section 504, FUSD must provide accommodations as necessary to ensure that the student has equal access to services, programs, and activities offered by our schools. Support is provided through a 504 Plan, which outlines the specific accommodations and services the student needs. 

  • Universal Design for Learning (UDL)

    FUSD integrates UDL as a foundational instructional framework to make general education classrooms more accessible and inclusive for all students before specific modifications, like a 504 plan, are even considered.  Through FUSD’s ongoing professional development initiatives, teachers are trained to design lessons with flexible options built in from the start.  Rather than forcing a student to adapt to a rigid curriculum, UDL prompts FUSD educators to plan around three core pillars:

    • Multiple Means of Engagement: Giving students choices in assignments to fuel motivation and capture their interests.
    • Multiple Means of Representation: Presenting academic concepts in various formats (e.g., text, audio, video, or hands-on graphics) so data is consumable for visual, auditory, and neurodivergent learners alike.
    • Multiple Means of Action & Expression: Allowing student to demonstrate wht they know in flexible ways, such as speaking, wirting, or creating projects, rather than relying strictly on standardized testing.

     

    Multi-Tiered System of Supports (MTSS) & RTI

    FUSD implements a systematic Response to Intervention (RTI) protocol to provide tiered levels of instructional and emotional assistance based on data.

    • Tier I (Universl Core Support): Students receive standard, differentiated classroom instruction.  Teachers try regular instuctional adjustments, alternative seating, or extra checking for understanding to see if minor adjustments solve the issue.
    • Tier II (Targeted Interventions): If a student falls behind or struggles, they are given structured, small-group support (such as an additional 30 minutes of targeted instruction) without leaving the general education setting.
    • Tier III (Intensive Interventions): For persisitent skill deficits, the student receives highly specific, frequent small- goup interventions to see if intensive general education support remidies the problem.

     

    Moving to 504 Evaluation

    If data from these pre-referral steps shows that the student’s struggles stem from a documented or suspected long-term physical or mental impairment and that the general education interventions alone are insufficient to level the playing field, then the team officially moves toward a Section 504 evaluation.

  • A student is eligible for a 504 Plan if they have a physical or mental impairment that substantially limits one or more major life activities.

    • Physical or Mental Impairment: This can include a wide range of conditions, such as a specific learning disability, ADHD, anxiety, depression, diabetes, epilepsy, food allergies, or hearing/vision impairments. This is not an exhaustive list.
    • Substantial Limitation: This means the impairment restricts the student's ability to perform a major life activity as compared to the average person in the general population.
    • Major Life Activities: These include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, and communicating.

     

    Eligibility is determined on a case-by-case basis by a team of knowledgeable individuals, such as a school counselor, administrator, teacher, and the student's parents or guardians. A medical diagnosis alone does not automatically qualify a student for a 504 Plan. The key is whether the disability creates a substantial limitation to learning or another major life activity at school.

  • Referral: A student may be identified by teachers, parents, staff, or through routine health and academic observations as potentially having a disability.  Anyone (including a parent or guardian) who suspects their child needs accommodations can contact their school counselor to request and evaluation.

    Evaluation: The school gathers data regarding the student’s performance, health history, behavior, and classroom challenges to determine if the student has a qualifying disability.

    Eligibility Meeting: A team meets to review the evaluation data and determine if the student is eligible under Section 504.  Parents are a vital part of this team and are encouraged to participate.

    Plan Development: If the student is found eligible, the team works together to create a 504 Plan that outlines the necessary accommodations.

    Annual Review: The 504 Plan is reviewed at least once a year to ensure it is still appropriate and meeting the student’s needs.  A re-evaluation is conducted every three years or more frequently if needed.

  • The District’s Section 504/ADA Coordinator has been designated to coordinate the efforts of the District to comply with Section 504 and ADA.The Section 504/ADA Coordinator is the Flagstaff Unified Student Support Services Director, Cherise Hovis. She can be reached at (928) 527-6178, via email at chovis@fusd1.org, or at the FUSD Administrative Offices located at 3285 East Sparrow Avenue in Flagstaff, Arizona.

    Any person who believes she or he has been subjected to discrimination, harassment, or retaliation on the basis of disability may file a grievance under this procedure. The District prohibits retaliation against anyone who files a grievance or cooperates in the investigation of a grievance.

    • Grievances must be submitted to the Section 504/ADA Coordinator within sixty (60) calendar days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
    • A complaint should be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought. If the Complainant is unable to put the complaint in writing, the District shall provide reasonable accommodations to assist the Complainant with submission of his/her complaint. (Note: Please see the attached Complaint form, which may be used to file a complaint in conformance with these procedures).
    • The Section 504/ADA Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint, including the opportunity to present witnesses. The Section 504/ADA Coordinator will maintain the files and records of the District relating to such grievances.
    • The Section 504/ADA Coordinator will issue a written decision on the grievance no later than thirty (30) District days after its filing, unless extenuating circumstances require an extension of the 30 day timeline. In such a case, the Section 504/ADA Coordinator (or her/his designee) will communicate with the Complainant concerning the need for an extension.
    • The person filing the grievance may appeal the decision of the Section 504/ADA Coordinator by writing to the District’s Assistant Superintendent of Curriculum and Instruction, within fifteen (15) calendar days of receiving the Section 504/ADA Coordinator’s decision. The Assistant Superintendent of Curriculum and Instruction shall issue a written decision in response to the appeal no later than thirty (30) District days after its filing.
    • The District shall maintain confidentiality as required by the Family Educational Rights and Privacy Act (FERPA).
    • The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Education, Office for Civil Rights.

    The District will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, providing a scribe for submission of the complaint, or assuring a barrier-free location for the proceedings. The Section 504/ADA Coordinator will be responsible for making such arrangements.