SECTION 504 PROCEDURAL SAFEGUARDS - IDENTIFICATION AND 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)
Director, School Mental Health & Wellness
McKinney-Vento Homeless & Foster Youth Education Liaison
Anaheim Union High School District 501 N. Crescent Way
(714) 999-7734
Email: 504Coordinator@auhsd.us
U.S. Department of Education - LINK: Protecting Students with Disabilities
Section 504 and ADA Program Information
Purpose of Section 504
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is an antidiscrimination statute that prohibits discrimination against individuals with disabilities. Specifically, Section 504 reads: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . . .” (29 U.S.C. § 794(a).) The District is a recipient of Federal financial assistance, and thus, is subject to Section 504.
Purpose of the Americans with Disabilities Act
The Americans with Disabilities Act (“ADA”) was signed into law on July 26, 1990, and was amended by the Americans with Disabilities Act Amendments Act (“ADAAA”) in 2008. It is often still just referred to, though, as the “ADA.” Like Section 504, Title II of the ADA also prohibits discrimination on the basis of disability in programs, activities and services provided by public entities.
Identification & Education Under 504: Board Policy 8200-R (AR 6164.6)
Two Links to access the full text:
Identification & Education Under 504: Board Policy 8200
Identification & Education Under 504: Board Policy 8200-R
The above links will give access to detailed information on the following Section 504 Program components.
- Referral, Identification, and Evaluation
- Section 504 Services Plan and Placement
- Review and Reevaluation
- Procedural Safeguards
- Notifications
- Provision of 504 Accommodations to Students in ROP Courses
Procedural Safeguards: Notice of Parent/Guardian and Student Rights
Parents of students with disabilities have the right to be informed of their rights under Section 504. The purpose of the procedural safeguards is to inform you of those rights.
Link to Full Text: Procedural Safeguards: Section 504 of the Rehabilitation Act of 1973
How are students identified as being eligible for the Section 504 Program?
- In many cases students are referred for review by an Education Monitoring Team, Care Coordination, or Individualized Education Program (IEP) Team, a request is made by a parent, or a recommendation for an evaluation is made by school staff.
- The Section 504 Coordinator will convene a team to determine eligibility.
- The school must complete the Section 504 evaluation for eligibility process. Evaluation materials can include: formal & informal assessment results, aptitude and achievement tests, observations and anecdotal records, attendance and behavior records, medical reports, grades/transcripts, teacher reports, parent interviews, and recommendations.
- A student meets the eligibility requirements under Section 504 if the site team determines the student meets all the following three components of the 504/ADA policy:
- Based on the information the Section 504 Team evaluates, the student has a Physical or a Mental Health Impairment,
- the physical or mental health impairment has a Substantial Limitation, and
- the substantial limitation is on a Major Life Activity.
What is a disability under Section 504/ADA?
Disability: A student with a disability under Section 504 or the ADA is one who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such impairment; or
- is regarded as having such an impairment.
However, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (i.e. a Section 504 Plan).
In addition, an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is one with an actual or expected duration of 6 months or less.
Three Prong Analysis for Section 504 Eligibility Determinations
- The student has a Physical or a Mental Health Impairment,
- the physical or mental health impairment has a Substantial Limitation, and
- the substantial limitation is on a Major Life Activity.
Definitions
For the purpose of implementing Section 504, the following terms and phrases shall have only the meanings specified below:
Free appropriate public education
- “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 or her parent or guardian except when a fee is specifically authorized by law for all students. (34 CFR 104.33)
Student with a disability
- “Student with a disability” means a student who has a physical or mental impairment which substantially limits one or more major life activities, who has a record of such an impairment, or who is regarded as having such an impairment. (28 CFR 35.108)
Physical Impairment
- “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 CFR 35.108)
Mental Impairment
- “Mental impairment” means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. (28 CFR 35.108)
Additional examples of physical or mental impairments include, but are not limited to: mobility impairments, medical conditions such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies/asthma, tuberculosis, cancer, spina bifida, cerebral palsy, and ADHD.
** An impairment alone is insufficient to qualify a student as disabled under Section 504. The impairment must also substantially limit at least one major life activity. The existence of an impairment is, however, a reason to suspect a disability and should trigger consideration for a Section 504 evaluation.
Substantially Limits
- The term “substantially limits” is not defined under Section 504. However, pursuant to the 2008 Americans with Disabilities Amendments Act (“ADAAA”), it means something less than "significantly restricted." In addition, an impairment that substantially limits one major life activity need not also limit other major life activities. Also, an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
- “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 or herself, 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 USC 12102; 28 CFR 35.108)
Major Life Activities
- Major life activities are functions including, but not limited to: caring for one’s self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and operation of a bodily function. Section 504 teams may determine that another activity not listed herein is a major life activity for that student. For example, a Section 504 team may determine that homework completion, or socialization, is a substantially limited major life activity for a particular student.
Accommodations
Alternative ways for students to acquire information or share what they have learned. Accommodations do not lower the difficulty level nor expectations for the student's achievement.
- Adjustment to HOW the student will learn
- Generally applies to Section 504 Plans - this is determined on a case by case basis
Modifications
More intensive changes to the difficulty level and/or the quantity of material to be learned. In other words, a change to the general education curriculum.
- Adjustment to WHAT the student will learn
- Generally applies to Individuals Education Plans - this is determined on a case by case basis
If you have questions please contact your school site.
- Each school site has a School Social Worker designated as Section 504 Program Manager
- School Counselors are designated as Section 504 Program Team members
- Site administrators support with program questions and process
Section 504 Program Specialist & Site Support
Stephanie Felix, LCSW
- Anaheim, Western, Orangeview, Savanna, Brookhurst, ILC (Anaheim & Wester), ILC (Savanna & Magnolia)
- Email: felix_s@auhsd.us
Maria Granados, LCSW
- Cypress, Lexington, Kennedy, Walker, Sycamore, Oxford, CVA, IS Sites, Gilbert / Polaris
- Email: granados_m@auhsd.us
Lorena Cortez, LCSW
- Katella, South, Loara, Ball, Magnolia, Dale
- Email: cortez_l@auhsd.us
District Section 504 Program Compliance Officer & Coordinator
Dr. Adela Cruz, LCSW, PPSC
- Director, School Mental Health & Wellness
- McKinney-Vento (Homelessness) / Foster Youth
- Email: 504Coordinator@auhsd.us
Amy Saldana
- Senior Administrative Assistant
- Office: 714-999-7734
- Email: saldana_a@auhsd.us
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The contents of the AUHSD website, such as text, graphics, images, and other material ("content"), are for informational purposes only. The content is not intended to be a substitute for professional advice, diagnosis, or treatment. AUHSD does not guarantee the accuracy, completeness, efficacy, or timeliness of information posted on its site, whether by AUHSD, our employees, users of our site, or third parties. Always seek the advice of a mental health professional or other qualified health provider with any questions you may have regarding your child’s needs or condition. Never disregard professional advice or delay in seeking it because of something you have read on the AUHSD website!
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With input from a multidisciplinary team of administrators, social workers, school counselors, and school psychologist, the contents of this webpage are managed by:
Dr. Adela Cruz, LCSW
- Director of School Mental Health & Wellness
- McKinney-Vento Homeless & Foster Youth Educational Liaison
- Section 504 District Coordinator (504Coordinator@auhsd.us)
If you have questions or comments regarding its contents, please send an email to cruz_ad@auhsd.us.