Cape Elizabeth School Department

Welcome to the Cape Elizabeth School Department’s Special Service Website Page. The Special Services Department is responsible for two federal mandates: Section 504 and Special Education. This webpage is designed to give parents, community members, students and staff valuable information regarding both. The Cape Elizabeth School Department is dedicated to providing an inclusive and supportive educational environment that meets the individual needs of all students.

Section 504 forms a component of the federal Rehabilitation Act of 1973, passed by Congress to address discrimination against individuals with disabilities in programs, services, and activities funded by federal resources, including public schools. Within schools, Section 504 offers assistance to students facing physical or mental impairments. Eligible students receive an individualized accommodation plan aimed at facilitating their access to the standard educational curriculum and extracurricular engagements. If you would like to make a Section 504 referral please contact your building administrator, or the Director of Special Services office at 207-799-8812.  

Notice_of_Parent-Student_Rights_504.pdf

The eligibility determination for a 504 Plan involves three main considerations for the 504 team.

1. First, the team assesses whether there is a diagnosed physical or mental impairment/disability. This diagnosis can be provided by a physician or evaluated by the school. Section 504 defines a person with a disability as someone who:

   • Has a physical or mental impairment that significantly limits one or more major life activities;

   • Has a history of such impairment; or

   • Is regarded as having such an impairment. 

Generally, schools primarily focus on the first criterion, as the other two are more commonly applicable in workplace contexts.

2. Next, the team evaluates whether the impairment substantially limits a major life function. Examples of major life functions include seeing, hearing, breathing, thinking, walking, self-care, sleeping, learning, speaking, reading, concentrating, communicating, performing manual tasks, bending, lifting, and major bodily functions like respiratory, digestive, and immune systems. "Substantially limits" refers to the manner, condition, or duration in which the student performs the identified major life activity compared to the general population.

In considering this criterion, the team does not include mitigating measures such as medications, assistive technology, psychological/behavioral therapy, or existing reasonable accommodations.

3. Finally, the team determines if there is a need for a 504 Plan. Here, the team includes the mitigating measures and assesses the student's access needs. While a student may meet the first two criteria, they may not require accommodations beyond those available to the general school population and thus may not need a 504 Plan. Some students may have additional needs that require a 504 Plan to access their education effectively, while others may not require accommodations at that time due to the assistance of medication or common accommodations. The 504 team may reconvene at any time if circumstances change to reassess the need for a 504 Plan for the student.

Special education, as defined by the Individuals with Disabilities Education Act (IDEA), refers to "specially designed instruction" provided at no cost to parents, aimed at addressing the distinctive requirements of children with disabilities. These services encompass a range of supports and educational programs specifically developed to ensure that every student, regardless of physical, intellectual, emotional, or developmental challenges, has access to a free and appropriate public education (FAPE). Individualized Education Programs (IEPs) are instrumental in tailoring these services to meet the unique needs of each student. 

Federal Government IDEA Site

An IEP is a legal document that details a student's educational objectives, the services and accommodations they will receive, and the methods for monitoring their progress. It is collaboratively developed by an IEP team consisting of administrators, parents/guardians, teachers, and specialists.

The Cape Elizabeth School Department offers extensive special education services and accommodations for children with disabilities. These range from consultation and resource room services, which support students in regular classroom environments, to hospital/homebound programs.  We are committed to educating students in the least restrictive environment. 

Students qualify for special education services and an Individualized Education Program (IEP) through a thorough evaluation process, which typically includes assessments, observations, and input from parents/guardians, teachers, and specialists. This evaluation can take up to 45 school days to complete. Criteria for receiving special education services include having a disability that significantly impacts educational performance, as evidenced by data collected within the school system, and a demonstrated need for specially designed instruction.

The IEP team determines whether a student meets the eligibility criteria for special education based on these evaluations. The following is a list of the categories used for identifying students who may require special education services:

• Autism

• Hard of Hearing

• Other Health Impairment

• Specific Learning Disability

• Speech Language

• Deaf-Blindness

• Developmental Delay

• Intellectual Disability

• Orthopedic Impairment

• Traumatic Brain Injury

• Deafness

• Emotional Disability

• Visual Disability

• Multiple Disability

The Cape Elizabeth School Department is committed to identifying and providing Special Education services for all eligible children residing in the District.  If you suspect that your child has a disability and may benefit from special education services, or if you would like more information, please contact your child’s school administrator or reach out to the Director of Special Services at 207-799-8812.

Parent/Student Procedural Safeguards

Maine Sp. Ed. Regulations (MUSER)

State of Maine Special Education Site

1.  AC - Nondiscrimination/Equal Opportunity and Affirmative Action

2. AC-R- GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

3. IHBA - INDIVIDUALIZED EDUCATION PROGRAMS

4. IHBAA - REFERRAL/PRE-REFERRAL OF STUDENTS WITH DISABILITIES

5. IHBAA-R (PROCEDURE)- REFERRAL/ PROCEDURES AND GENERAL EDUCATION INTERVENTIONS

6. IHBAC - CHILD FIND

7. JKAA - USE OF PHYSICAL RESTRAINT AND SECLUSION

8. JKAA-R (PROCEDURE)- PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION

9. JKF - DISCIPLINARY REMOVALS OF STUDENTS WITH DISABILITIES

10. JKF-R (PROCEDURE) - DISCIPLINARY REMOVAL OF STUDENTS WITH DISABILITIES PROCEDURES

11. JRA - STUDENT EDUCATION RECORDS AND INFORMATION

12. JRA-E (FORM) - ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

13. JRA-R (PROCEDURE) - STUDENT EDUCATION RECORDS AND INFORMATION ADMINISTRATIVE PROCEDURE