What Is Section 504?
Section 504 is a civil rights statute, intended to eliminate obstacles to full educational participation by students with disabilities. The goal of Section 504 is the “equal educational opportunity for all students”. Section 504 requires that “[n]o otherwise qualified individual with a disability in the United States…shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. See 20 U.S.C. §794(a).
How is a Student Eligible for Section 504?
In order to be qualified for assistance under Section 504, the student must be between the ages of three (3) and twenty-one (21) years of age and meet the definition of “disabled.” A student is disabled if he/she 1. has a physical or mental impairment that substantially limits one or more major life activities 2. has a record of such impairment, or 3. is regarded as having such an impairment.
What is a Physical or Mental Disability?
A physical or mental impairment means (A) a physiological 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, genitourinary; hemic and lymphatic; skin and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disability.
What Does “Substantially Limits” Mean?
Section 504 regulations do not define “substantially limits,” but has stated that the determination must be made on an individual basis. Title II of the Americans with Disabilities Act provides three factors to characterize the term “substantially limits:” • Nature and severity of the impairment • Duration or expected duration of the impairment • Permanent, long-term impact or expected impact of the impairment. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. These include medication, medical supplies, equipment or appliances, low-vision devices, prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies. Further, you cannot consider the use of assistive technology, reasonable accommodations, auxiliary aids or services, or learned behavioral or adaptive neurological modifications. Ordinary eyeglasses and contact lenses are not included in this provision.
What is a Major Life Activity?
Major Life Activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Major life activities can also include major bodily functions such as immune system function, bowel function, neurological function, circulatory function, normal cell growth, bladder function, respiratory function, endocrine function, digestive function, brain function, and reproductive function. Examples may be broken leg or arm, surgery, car accident.
How is a Student Referred for Section 504 Eligibility?
Any parent, guardian, teacher, counselor, or other school staff member who believes a student may need an accommodation for a qualified disability can request an evaluation for §504 eligibility. If you wish to request an evaluation for Section 504, use the Parent Referral form. The district must have parental consent before conducting an evaluation.
What is the Eligibility Determination Process?
The decision to qualify a student for §504 services is made by a multidisciplinary team of people. This team includes persons knowledgeable about the student, the meaning of evaluation data, and educational accommodations, and interventions. This typically includes persons such as the student’s teacher, school psychologist, guidance counselor, school nurse, and school administrator. If necessary, other professionals may be invited. The family may also invite any relevant outside person(s).
In addition to the information provided by the parents, the following information must be reviewed at the meeting:
Evaluations under Section 504 are not limited to formal evaluation instruments. Because the disabilities that may fall under Section 504 are broader than the specific disabilities listed in IDEA, evaluative information for a student may come from several sources, including aptitude and achievement tests, teacher recommendations, the student’s physical condition (as attested to by the student’s physician), the student’s social or cultural background, or the student’s adaptive behavior. Section 504’s implementing regulations note that any evaluation of a student must consider all significant factors relating to the student’s learning process, including adaptive behavior. Thus, evaluations must be based on the type of disability suspected and the kind of services needed. In some cases, the evaluation is done by the §504 Multidisciplinary Team. The team can look at existing evaluation data, review school records, obtain observation data, evaluate effectiveness of educational interventions over time, determine eligibility under §504, and recommended programming within the general education setting.
After reviewing the relevant information, the team will determine whether the student is a student with a disability that significantly impacts a major life activity. To be eligible to receive legal protections under §504, the student’s ability to perform major life activities, including, but not limited to, learning or behaving appropriately, must be substantially limited and the definition of “substantially limited” must be more broadly construed and generally applied than “severely restricted.” The purpose of §504, as stated by Congress, is to provide “broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.” Notwithstanding, the fact that a student has a diagnosed physical or mental impairment does not automatically mean,
She/he will qualify for an accommodation plan under §504.
Educational need is defined as a serious academic deficit and/or a serious behavior problem resulting from the child’s disability (and not from other causes); or any other physical or mental impairment which seriously affects the student’s opportunity to benefit from educational services.
If the team determines that the student is eligible for 504 protections, the team will develop a Section 504 plan.
How Is a 504 Plan Developed?
The §504 Multidisciplinary Team determines what educational accommodations are needed to achieve equality/ comparability of access to educational activities for the student with a disability. In addition to the normal and usual academic and school activities, students must also be given the opportunity to participate in non-academic and extracurricular services and activities, such as recreational and athletic activities, and school-sponsored clubs, events, and activities. Participation in such non-academic activities may require accommodation.
How is a 50 Plan Implemented and Reviewed?
All the professional staff who work with the students must be provided with a copy of the student’s Section 504 plan. Paraprofessional staff who work with the student should also be thoroughly familiar with any accommodation that the student requires to receive an appropriate education.
On an annual basis, or more often if needed, the team will reconvene to review the plan. At the meeting, the following questions will be asked:
Based on the answers to the above questions, the team may decide to continue the same 504 plan, make changes to the plan, or discontinue the plan because the student is no longer eligible.
Please contact Molly Ryan, Special Programs Manager at mryan@vprepaz.org with any questions.
English Language Learners (ELL).
Welcome to Student Services- English Language Learners.
Below, you will find several documents related to ELL, such as state endorsement policies, state standards, and testing accommodations.
Links and Documents:
Please contact Molly Ryan, Special Programs Manager at mryan@vprepaz.org with any questions.
Special Education Services Mission: To create individualized programs that allow each student to acquire new knowledge and develop skills necessary to be successful after high school.
Welcome to the Special Education Services Department. We are dedicated to developing and implementing exceptional programs for all areas within Virtual Preparatory Academy of Arizona. Our team strives to support students, parents, and teachers to make great things happen for all.
Virtual Preparatory Academy of Arizona’s Special Education services and programs shall emerge from the general educational program to meet our exceptional children’s instructional and environmental needs. An excellent student is defined as any student who, because of an identified disability, requires specially designed instruction to receive a free, appropriate public education.
Virtual Preparatory Academy of Arizona provides a continuum of services to students and various service delivery options. Teams must always begin program planning with the belief and expectation that students receive services in the general education setting. Data is used to identify if a student needs more intensive instruction as teams review options along the continuum of the least restrictive environment. Various options are considered as teams review reasonable accommodations and/or modifications, supplementary aids and services, and/or assistive technology in general education classes. In addition, related services, such as physical therapy, occupational therapy, speech and language therapy, transportation, and counseling, are available if the IEP Team determines any to be appropriate. The removal of students with disabilities from the general educational environment will only occur when the nature or severity of the disability is such that education in general education classes or a building with non-disabled students, with the use of Special Education services, cannot be achieved satisfactorily. The district/school may contract, as necessary, to educate students with disabilities in approved public or private agencies when the student’s needs cannot be met within the district.
It is the policy of Virtual Preparatory Academy of Arizona that students with disabilities:
Please contact Molly Ryan, Special Programs Manager, at mryan@vprepaz.org with any questions.
Virtual Preparatory Academy of Arizona, by the AZ State Mandate for Gifted Education, defines gifted students as those children of lawful school age who, due to superior intellect or advanced learning ability, or both, are not afforded an opportunity for otherwise attainable progress and development in regular classroom instruction and who needs comprehensive gifted education services, to achieve at levels commensurate with the child’s intellect and ability. Gifted education services are offered to all students who score at or above the 97th percentile on a verbal, quantitative, and/or nonverbal battery or a composite score at or above the 95th percentile of a test included on the Arizona State-Approved Gifted Test List., by the AZ State Mandate for Gifted Education, defines gifted students as those children of lawful school age who due to superior intellect or advanced learning ability, or both, is not afforded an opportunity for otherwise attainable progress and development in regular classroom instruction and who needs comprehensive gifted education services, to achieve at levels commensurate with the child’s intellect and ability.
Please contact Molly Ryan, Special Programs Manager, at mryan@vprepaz.org with any questions.
Please contact Molly Ryan, Special Programs Manager at mryan@vprepaz.org with any questions.
Who are School Psychologists?
School Psychologists are uniquely qualified members of school teams who support students’ ability to learn and teachers’ ability to teach. They apply expertise in mental health, learning, and behavior to help children and youth succeed academically, socially, behaviorally, and emotionally. School Psychologists partner with families, teachers, school administrators, and other professionals to create safe, healthy, and supportive learning environments that strengthen connections between home, school, and the community. Source: National Association of School Psychologists
What Do School Psychologists DO?
School Psychologists provide direct support and interventions to students, consult with teachers, families, and other school-employed mental health professionals (i.e., school counselors, school social workers) to improve support strategies, work with school administrators to improve school-wide practices and policies, and collaborate with community providers to coordinate needed services. They help schools successfully:
Why Do Children Need School Psychologists?
All children and youth can face problems from time to time related to learning, social relationships, making difficult decisions, and/or managing emotions such as feeling depressed, anxious, worried, or isolated. School Psychologists help students, families, educators, and members of the community understand and resolve both long-term, chronic problems and short-term issues that students may face. They are a highly skilled and ready resource in the effort to ensure that all children and youth thrive in school, at home, and in life. Source: National Association of School Psychologists
Who are Speech Language Pathologists?
Speech Language Pathologists (SLP) are experts in communication. They work with students who have speech, language, thinking, and swallowing impairments to successfully communicate and succeed in their academic environment.
Source: American Speech-Language-Hearing Association (ASHA)
Speech Sounds
Articulation, Phonological Disorders, Apraxia of Speech, Dysarthria:
how we say sounds and put sounds together in words
Language
Aphasia:
how well we understand what we hear or read and how we use words to tell others what we are thinking
Literacy
how well we read, spell, and write
Social Communication
Pragmatics:
how well we follow rules, such as taking turns, how to talk to different people, and how close to stand to someone when talking
Voice
how our voices sound (hoarse, quiet, loud, nasal, mute)
Fluency
Stuttering, Repeating, Pausing, Use of “um” or “uh”:
how well speech flows
Source: American Speech-Language-Hearing Association (ASHA)
What Is School-Based Therapy in the Educational Setting?
Related services, including occupational and physical therapy, are intended to enable children with disabilities to benefit from specially designed instruction in the least restrictive environment [34 C.F.R. §300.34(a)]. Schools are mandated to provide related services to students with disabilities when needed; however, school-based therapy should differ significantly from traditional clinic or hospital-based practice. The principal focus of school-based therapy is to work with educators to identify student needs and assist in providing strategies on how to best capitalize on students’ abilities and minimize the impact of the identified disabilities in the educational environment. This may or may not include direct services designed to facilitate skill acquisition.
Determining whether occupational therapy (OT) and/or physical therapy (PT) is educationally relevant and necessary can be a complex process. Several issues must be considered by the student’s individualized education program (IEP) team. When compared to therapists in a medical setting, therapists working in the schools have an additional set of rules under IDEA they must consider when determining the need for therapy; most non-school–based therapists do not have these federal or state laws superimposed on their recommendations for services. Some children may, therefore, require therapy in a medical or rehabilitative setting, but if they can be adequately accommodated or demonstrate progress towards educational or functional goals without therapy, then it is not the responsibility of the public educational agency (PEA) to provide these services.
Occupational Therapy and Physical Therapy
Related services, including occupational and physical therapy, are intended to enable children with disabilities to benefit from specially designed instruction in the least restrictive environment [34 C.F.R. §300.34(a)]. Schools are mandated to provide related services to students with disabilities when needed; however, school-based therapy should differ significantly from traditional clinic or hospital-based practice. The principal focus of school-based therapy is to work with educators to identify student needs and assist in providing strategies on how to best capitalize on students’ abilities and minimize the impact of the identified disabilities in the educational environment. This may or may not include direct services designed to facilitate skill acquisition.
Determining whether occupational therapy (OT) and/or physical therapy (PT) is educationally relevant and necessary can be a complex process. Several issues must be considered by the student’s individualized education program (IEP) team. When compared to therapists in a medical setting, therapists working in the schools have an additional set of rules under IDEA they must consider when determining the need for therapy; most non-school–based therapists do not have these federal or state laws superimposed on their recommendations for services. Some children may, therefore, require therapy in a medical or rehabilitative setting, but if they can be adequately accommodated or demonstrate progress towards educational or functional goals without therapy, then it is not the responsibility of the public educational agency (PEA) to provide these services.
Occupational Therapist (OT) The profession of occupational therapy is concerned with a client’s ability to participate in desired daily life activities or “occupations.” Occupational therapists use their unique expertise to help students benefit from special education in the least restrictive environment and engage in curricular and extracurricular activities in natural settings. More specifically, an OT assesses and analyzes the combined influence of student factors, performance skills, performance patterns, educational context, and specific activity demands that may impact student performance and success. Occupational therapy practitioners may provide services in several educationally relevant areas to assist a student with these skills.
Page Behaviors, Roles, and Responsibilities • following routines and schedules • organizing materials and the learning environment • manipulating classroom tools • engaging in learning activities • participating in special area classes • using alternative seating/standing options
Social Skills and Emotional Development • interacting cooperatively with peers and adults • observing personal space • transitioning between learning activities • tolerating changes in routines • engaging in play and leisure pursuits • utilizing various kinds of school equipment safely
Activities of Daily Living • managing hygiene, toileting, and feeding • managing personal materials and devices
Preparing for Transition from High School to Postsecondary Living • career exploration • disability awareness • self-advocacy • independent living skills • recreational pursuits • workplace skills
Use of Assistive Technology • exploring and trialing available AT options • utilizing AT to meet academic demands and functional needs • demonstrating self-advocacy in obtaining and using AT
Occupational Therapy Assistant (OTA)
An occupational therapy assistant is a licensed professional who provides occupational therapy services to assigned students solely under the direction and supervision of an OT. An OTA may contribute to the evaluation process by gathering data, administering structured tests, and reporting observations. While the OT takes primary responsibility for test interpretation, intervention planning, and service provision, the OTA contributes significantly to the design and delivery of therapeutic interventions and the monitoring of student progress and performance. OTAs serve an integral role in the provision of occupational therapy services, but the OT is ultimately responsible for the oversight and delivery of all occupational therapy services.
Physical Therapist (PT)
The profession of physical therapy is built on the principle of preserving, developing, and promoting optimal physical function. A PT assesses and analyzes the combined influence of body functions and structures, activity demands, and contextual factors that can impede physical access and participation in the general curriculum. The strategies and intervention approach used by a PT should relate to the educational environment and potential postsecondary settings. Physical therapy practitioners may provide services in several educationally relevant areas to assist a student with these skills:
Physical Access & Participation • learning routes between classes and procedures for emergency evacuation • accessing facility and playground equipment • physically navigating and participating in classroom activities/routines • participating safely at community-based instruction sites • identifying alternative modes or methods of participation
Posture and Movement Skills • transferring and changing positions to participate in learning activities or self-care tasks • developing gross motor skills necessary to participate in age appropriate physical education, play with peers, and extracurricular events • utilizing alternative seating/standing options
Mobility Skills • moving around the classroom and campus environment (with or without an assistive device) • maneuvering environmental obstacles • traveling in congested areas while keeping pace with peers • transitioning between even and uneven surfaces • adapting mobility skills to different settings and locations including community based instruction.
Assessment and Maintenance of Physical Health • implementing daily movement plans to promote homeostasis • monitoring skin and joint integrity • facilitating appropriate use of adaptive equipment for positioning and mobility • collaborating with nursing staff to develop health plan of care
Preparing for Transition from High School to Postsecondary Living • career exploration • disability awareness and self-advocacy • recreational pursuits • community mobility and transportation
Assistive Technology • exploring and trialing available AT options • utilizing AT to meet environmental and functional demands • obtaining and using AT independently
Physical Therapist Assistant (PTA)
A physical therapist assistant (PTA) may provide services only under the supervision and direction of a PT. The PTA may provide treatment only after evaluation and development of an intervention plan by the PT. Upon direction from the PT, the PTA may gather data related to the student’s disability. The PT will determine the significance of the data as it pertains to the development of the intervention plan. The PTA must refer inquiries that require interpretation of student information to the PT and communicate any change or lack of change
Counseling
The work of high school counselors aligns with the school’s mission to support all students’ academic achievement as they prepare for the ever-changing world of the 21st century. This alignment is accomplished through the design, development, implementation and evaluation of a school counseling program.
Please contact Molly Ryan, Special Programs Manager at mryan@acparizona.org with any questions.
Grievance Procedure for title IX, Title II and Section 504
STUDENT CONCERNS, COMPLAINTS, AND GRIEVANCES
The Head of Schools is directed to establish procedures whereby students with sufficient concern may present a complaint or grievance regarding a violation of their constitutional rights, equal access to programs, discrimination, or personal safety provided that:
A complaint or grievance may be raised regarding one (1) or more of the following:
The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint or grievance. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made to any school staff member. The receiving staff member shall immediately inform an administrator of the complaint or grievance.
When the initial complaint or grievance is submitted in a manner other than on the prescribed form, the administrator shall obtain from the student the particulars of the accusation and complete form JII-EA immediately thereafter. The administrator shall especially note all student-provided particulars determined by the Superintendent to be necessary for the complaint or grievance to be investigated. Any question concerning whether a complaint or grievance falls within this policy shall be determined by the Superintendent.
If the receiving school administrator is included in the allegation, the complaint or grievance shall be transmitted to the next higher administrative supervisor. Failure by the staff member to timely inform a school administrator or next higher administrative supervisor of a student’s allegation may subject the staff member to disciplinary action. The staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
A student or student’s parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident.
Disposition of all complaints or grievances shall be reported to the Head of Schools and the compliance officer for discrimination if other than the Superintendent. The Superintendent will determine if the policies of the district have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
The Head of Schools shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student’s complaint or grievance, findings of the investigation, and disposition of the matter. The documentation shall not be used to impose disciplinary action unless the appropriate school official has investigated and determined there was an actual occurrence of the alleged incident.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
STUDENT CONCERNS, COMPLAINTS AND GRIEVANCES:
A student who complains or grieves regarding constitutional rights, equal access to programs, discrimination, or personal safety issues may complain directly to a school administrator, or to a school staff member within thirty (30) days of an alleged occurrence. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made. When a school staff member receives the information, the staff member will immediately inform the school administrator. If the complaint or grievance involves a school administrator, the staff member shall forward the complaint or grievance to the next administrative level.
Complaints and grievances related to student violence, harassment, intimidation, or bullying are to be filed with the school.
At a minimum the complaint or grievance shall contain identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. The written complaint or grievance should contain a requested solution and the submission should be signed and attested to by the complainant. However, an unsigned form will be processed in the same manner as a signed form.
The complaint or grievance will be investigated by a school administrator, a supervising administrator, or another person approved by the Head of Schools. The student shall be contacted not later than the school day following the date the school administrator or the administrator’s immediate supervisor receives the information. The procedures to be followed are:
STUDENT CONCERNS, COMPLAINTS, AND GRIEVANCES
(To be displayed in school buildings and in student handbooks)
Students may present a complaint or grievance regarding one (1) or more of the following:
Complaints and grievances related to allegations of student violence, harassment, intimidation, or bullying are to be filed in accordance with the district.
Provided that:
The guidelines to be followed are:
Any question concerning whether the complaint or grievance falls within this policy shall be determined by the Head of Schools.
A student or student’s parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation shall not be maintained.
Retaliatory or intimidating acts against any student who has made a complaint under the district policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
Please contact Dr. Kayleen Marble at kmarble@vprepaz.org with any grievance questions.
STUDENT CONCERNS, COMPLAINTS, AND GRIEVANCES
(The Complaint Form is to be filed with a school administrator or the administrator’s immediate supervisor, or a school staff member who will forward this form to the school
Administrator or the administrator’s immediate supervisor)
Additional pages may be attached if more space is needed.
Please print:
Name ________________________________________ Date _________________
Address ___________________________________________________________
Telephone __________ Another phone where you can be reached __________
During the hours of ________________________________________________
E-mail address _____________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ________________
__________________________________________________________________
__________________________________________________________________
Address ____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note all relevant dates, times, and places.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
____________________________________________________________________
____________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
____________________________________________________________________
____________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________________
Signature of Complainant Date Signed
____________________________________________
The investigator shall give one (1) copy to the complainant and retain one (1) copy for the file.
What are Transition Specialists?
Transition Specialists work with students to assist them with their career growth. They help students determine the right combination of education and experience needed to plan their careers and advance in the future. Transition Specialists advise and help students make the most of their talent and skills, especially in career planning. They help students evolve from one stage of career development to the next, focusing on skills training, continuing education, and employment.
What Do Transition Specialists Do?
Transition Specialists work with students and suggest academic goals and career opportunities to work toward. They work as career counselors to identify students’ abilities, education, and training. Transition Specialists help to identify a student’s interests and work with them on resume writing skills, interview skills, and job searching to help achieve a desired career. Sometimes, they might help students take career interest surveys and identify interests and abilities. Transition Specialists use the information to help students identify their post-secondary goals.
Please contact Molly Ryan, Special Programs Manager, at mryan@vprepaz.org or Jennifer Anno, Special Education Teacher, at janno@vprepaz.org