Section 504 Procedures
Identification, Evaluation, and Education under Section 504
A. Definition of Disability
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) reads: “No otherwise
qualified individual with a disability in the United States, as defined in Section 705 (20)
of this title, 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).)
Identified individuals with disabilities will be placed in the least restrictive educational
environment. (34 C.F.R. § 104.34(a); IUSD Parent Notifications page 9).
Disability: A student with a disability under Section 504 is one who has a physical or
mental impairment that substantially limits one or more major life activities, a record of
such impairment, or being regarded as having such an impairment. A physical or mental
impairment is: (1) any 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, genitor- urinary; hemic and lymphatic; skin; and
endocrine; or (2) any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific learning disabilities.
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.
Substantially Limits: The term “substantially limits” is not defined under Section 504.
However, an impairment that substantially limits one major life activity does not have to
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.
Major Life Activities: Major life activities are functions such as caring for one’s self,
performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading, concentrating, thinking, communicating,
and working.
Mitigating Measures Not Considered: The determination of whether an impairment
substantially limits a major life activity must be made without regard to the ameliorative
effects of mitigating measures such as:
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1.
Medication, medical supplies, equipment, or appliances, low-vision devices
(which do not include ordinary eye glasses or contact lenses), prosthetics
including limbs and devices, hearing aids and cochlear implants or other
implantable hearing devices, mobility devices, mobility devices, or oxygen
therapy equipment and supplies;
2.
Use of assistive technology;
3.
Reasonable accommodations or auxiliary aids or services; or
4.
Learned behavioral or adaptive neurological modifications.
The term “auxiliary aides and services” includes:
1.
Qualified interpreters or other effective methods of making aurally delivered
materials available to individuals with hearing impairments;
2.
Qualified readers, taped texts, or other effective methods of making visually
delivered materials available to individuals with visual impairments;
3.
Acquisition or modification of equipment or devices; and
4.
Other similar services and actions.
Mitigating Measures Considered: Conversely, the ameliorative effects of the mitigating
measures of ordinary eyeglasses or contact lenses must be considered in determining
whether an impairment substantially limits a major life activity. Thus, if a student’s
vision while using ordinary eyeglasses or contact lenses is not substantially limited, he or
she would not qualify as a student with a disability under Section 504 on that basis.
B. Referral, Assessment, and Evaluation Procedures
1.
The District will evaluate any student who it suspects has a disability that would
result eligibility under Section 504.
2.
Each school shall designate a Section 504 school site coordinator to be
responsible for implementing referral, assessment, and evaluation procedures.
3.
A student may be referred by anyone, including a parent/guardian, teacher, other
school employee, or community agency, for consideration as to whether the
student should be assessed to determine if he or she qualifies as a student with a
disability under Section 504. This referral should be made to the Section 504
school site coordinator. Any requests made to another District employee will be
forwarded to the Section 504 school site coordinator
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4.
The District has the responsibility to ensure that students are evaluated if there is
reason to suspect that they may qualify under Section 504. Therefore, it is
important that students who are or may be disabled are referred to the Section 504
school site coordinator so that the assessment process may be initiated as
appropriate. Some examples of students who should be considered for referral
include the following:
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Students with medical conditions such as severe asthma, diabetes, AIDS, or
heart disease.
A student who uses a wheelchair or other mobility device.
A student with a degenerative neurological disorder, a student who is missing
a limb, or a student with other impaired manual skills.
A student with poor or failing grades over a lengthy period of time.
A student with frequent referrals for behavioral problems.
5.
The Section 504 Team shall promptly consider the referral and determine what
assessments are needed in all suspected areas of disability to evaluate whether the
student is a student with a disability under Section 504 and what special needs the
student may have. The decision regarding what assessments shall be undertaken
shall be based on a review of the student’s school records (including academic,
social, and behavioral records), any relevant medical records, and the student’s
needs. Students requiring assessment shall be provided appropriate assessments
administered by qualified assessment specialists.
6.
The evaluation of the student must be sufficient for the Section 504 Team to
accurately and completely describe: (a) the nature and extent of the disabilities;
(b) the student’s special needs; and (c) what regular or special education and/or
related aids and services are appropriate to ensure that the student receives a free
appropriate public education. All significant factors relating to the learning
process for that student, including adaptive behavior and cultural and language
background, must be considered. The evaluation may include, but is not limited
to, classroom and playground observation, performance-based testing, academic
assessment information and data offered by the student’s teachers and
parent/guardian.
7.
The parents/guardians shall be given an opportunity in advance of Section 504
team meetings to examine assessment results and all other relevant records.
8.
If a request for evaluation is denied, the Section 504 Team shall inform the
parents/guardians in writing of this decision and of their procedural rights as
described below.
9.
After an assessment is completed, the Section 504 coordinator will convene a
Section 504 team meeting to review and consider those assessments. The Section
504 Team will be composed of the student’s parents/guardians, or other
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individuals holding educational decision making rights, and other persons
knowledgeable about the student (such as the student’s regular education
teachers), the student’s school history, the student’s individual needs (such as a
person knowledgeable about the student’s disabling condition), the meaning of
evaluation data, and the options for placement, services, and/or accommodations.
If the Section 504 Team is made up of the same persons as an IEP Team, the
Section 504 Team will operate under the standards of Section 504.
C. Section 504 Plan
1.
When a student is identified as disabled within the meaning of Section 504, the
Section 504 Team shall determine what, if any, accommodations, regular or
special education, and/or related services are necessary to ensure that the student’s
individual educational needs are met as adequately as the needs of non-disabled
students.
2.
For each identified disabled student, the Section 504 Team will develop a Section
504 Plan describing the student’s disability and the
accommodations/modifications, regular or special education and/or related aids
and services needed. The Section 504 Plan will specify how the special education
and/or related aids and services will be provided to the disabled student and by
whom. The Section 504 Plan will also identify the person responsible for
ensuring that all the components of the Section 504 Plan are implemented.
3.
The student’s teacher and any other staff who are to provide services to the
student or who are to make accommodations/modifications in the classroom for
the student shall be informed of the services or accommodations/modifications
necessary for the student and, if appropriate, provided a copy of the Section 504
Plan. A copy of the Section 504 Plan shall be kept in the student’s cumulative file
in a manner that limits access to those persons involved in the Section 504 process
and/or the provision of services and modifications.
4.
The disabled student shall be placed in the regular education environment unless it
is demonstrated that the student’s needs cannot be met in the regular education
environment with supplementary aids and services. The disabled student shall be
educated with students who are not disabled to the maximum extent appropriate to
his/her individual needs.
5.
The referral, assessment, evaluation, and placement process will be completed
within a reasonable time and generally are completed within 60 calendar days
from the receipt of the parents’ consent to the evaluation.
6.
The parents/guardians shall be notified in writing of the final decision concerning
the student’s identification as a person with disabilities, the educational program
and services to be provided, if any, and of the Section 504 procedural safeguards,
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as described below, including the right to an impartial hearing to challenge the
decision.
7.
If the Section 504 Team determines that the student is disabled, but that no special
services are necessary for the student, the Section 504 Plan shall reflect the
identification of the student as a disabled person under Section 504 and shall state
the basis for the decision that no special services are presently needed.
8.
The Section 504 Plan shall include a schedule for periodic review of the student’s
needs and indicate that this review may occur sooner at the request of the
parent/guardian or school staff.
9.
The Section 504 Plan must contain a statement that all provisions of the Section
504 plan must be followed by all District staff, including teachers and
administrative staff, even if those provisions are different from normal District
procedures concerning in-home teaching services, tardies, make-up work, etc.
D. Review of Student Progress
1.
The Section 504 Team shall monitor the progress of the disabled student and the
effectiveness of the student’s Section 504 Plan. According to the review schedule
set out in the student’s Section 504 Plan, the Section 504 Team shall periodically
determine whether the services and modifications are appropriate.
2.
A re-evaluation of the student’s needs shall be conducted before any subsequent
significant change in placement.
E. Procedural Safeguards
1.
The Irvine Unified School District has designated the following person as its
Section 504 Compliance Officer: Irene Brady, 5050 Barranca Parkway, Irvine,
CA, 92604, 949-936-5263. The Section 504 Compliance Officer is responsible
for coordinating the District’s compliance with Section 504, including addressing
complaints regarding the identification, evaluation, or educational placement of a
student with a disability under Section 504 and complaints alleging discrimination
or harassment of a student based on his/her actual or perceived disability.
2.
Parents/guardians shall be notified in writing of final District decisions regarding
the identification, evaluation, or educational placement of students with
disabilities or suspected disabilities. This notice will also be provided to students
who are entitled to these rights at age 18. Notifications shall include a statement
of their rights to:
a.
b.
Examine relevant records
Have an impartial hearing with an opportunity for participation by the
parents/guardians and their counsel.
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c.
Seek review in federal court if the parents/guardians disagree with the
hearing decision.
3.
Notifications to parents/guardians shall also set forth the procedures for requesting
an impartial hearing. Written requests shall be made to the District’s Section 504
Compliance Officer, Irene Brady, 5050 Barranca Parkway, Irvine, CA, 92604,
949-936-5263. Notifications shall advise that reimbursement for attorney’s fees is
available only as authorized by law.
4.
The Section 504 Compliance Officer shall maintain a list of impartial hearing
officers who are qualified and willing to conduct Section 504 hearings. To ensure
impartiality, such officers shall not be employed by or under contract within the
district or the County Office of Education in any capacity other than that of
hearing officer and shall not have any professional or personal involvement that
would affect their impartiality or objectivity in the matter.
5.
If a parent/guardian disagrees with the identification, evaluation, or educational
placement of a student with a disability under Section 504 and/or believes that
such student has been harassed or discriminated against based on the student’s
actual or perceived disability, he/she may request a hearing to initiate due process
procedures. The parent/guardian shall set forth in writing his/her request for a
hearing. A request for hearing should include:
a.
b.
c.
6.
The specific decision or action with which the parent/guardian disagrees.
The changes to the Section 504 Plan the parent/guardian seeks.
Any other information the parent/guardian believes is pertinent.
Within 15 calendar days of receiving the parent/guardian’s request for hearing, the
District may offer the parent/guardian an optional alternative dispute resolution
process. However, the timeline for the hearing shall remain in effect unless it is
extended by mutual written agreement of the parent/guardian and the District.
Alternative dispute resolution options include:
a.
b.
Mediation by a neutral third party.
Review of the Section 504 Plan by the Superintendent or the
Superintendent’s designee.
7.
Within 10 calendar days of receiving the parent’s/guardian’s request, the
Superintendent or designee shall select an impartial hearing officer. These 10
days may be extended for good cause or by mutual agreement of the
parent/guardian and the District.
8.
Within 35 calendar days of the selection of the hearing officer, the due process
hearing shall be conducted. These 35 days may be extended for good cause or by
mutual agreement of the parent/guardian and the District.
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9.
The parent/guardian and the District shall be afforded the rights to:
a.
b.
c.
d.
Be accompanied and advised by counsel and by individuals with special
knowledge or training related to the individual needs of students who are
qualified as disabled under Section 504.
Present written and oral evidence.
Question and cross-examine witnesses.
Receive written findings by the hearing officer.
10.
The hearing officer shall issue a written decision within 30 calendar days of the
hearing.
11.
If desired, either party may seek a review of the hearing officer’s decision by a
federal court. The decision shall be implemented unless the decision is stayed,
modified, or overturned by a court.
F. Procedures for In-Home Teaching and Instruction
1.
In considering the needs of students with chronic illnesses or with medical
conditions that are reasonably likely to require hospitalization and/or extended
absences, Section 504 teams should consider whether in-home teaching services
should be included in the students’ Section 504 Plans to support the instructional
goals and objectives of the student while attending school or when unable to
attend school.
2.
General information about in-home teaching
a.
With In-Home Teaching Services, the in-home teacher works directly with
the student in the home environment, providing specific course and/or
grade level instruction and assessment pursuant to the objectives of the
Section 504 Plan.
b.
In-home teaching is designed to keep the student connected to their
neighborhood school or to provide on-going instruction during a medical
doctor’s-diagnosed times of physical or mental illness, which preclude the
student from physically attending their neighborhood school program.
Thus, the student remains academically connected to the neighborhood
school via the in-home teacher(s) and the in-home teacher remains a
critical connection between student-home-parents-&-school.
c.
The school site Section 504 coordinator and the student’s school site
teacher(s) work in concert with the In-Home Teacher, guiding the
instructional activities by providing (e.g. instructional scope and sequence,
applicable textbooks, supplementary books/materials, project overviews,
quizzes or tests) as are required for the student to complete their work.
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d.
3.
In-home teaching services are generally provided only within the
boundaries of the Irvine Unified School District. The circumstances of
students with disabilities who attend IUSD schools on inter-district
permits will be reviewed by Section 504 teams on a case-by-case basis to
ensure that such students are not subjected to discrimination on the basis
of disability.
When creating a Section 504 Plan, teams should consider the following issues:
a.
The duration and frequency of in-home teaching and instruction provided
to a Section 504 eligible student. When determining the appropriate
duration and frequency, Section 504 teams should consider medical
doctors’ orders and the student’s educational needs.
b.
The frequency of in-home teaching services (typically established at 5
hours per week) must be modified when necessary, based on the
individual needs of a student with disability.
c.
The in-home teacher should hold a valid California teaching credential.
Additionally, if the disabled student requires specialized subject-area
instruction, the in-home services provider should have sufficient
knowledge and experience to provide instruction in those areas.
d.
Expected duties to be performed by in-home teacher will be specific to the
needs of the disabled student.
e.
The Section 504 Plan should contain provisions for the student’s return to
school, including, as applicable:
i.
ii.
Designation of a Section 504 Plan Coordinator to be responsible
for coordinating make-up work;
Provisions for a meeting between the Plan Coordinator, school
staff, teachers, and parents to plan for the student’s return to
school.
4.
The Section 504 Plan shall address other issues that may arise with respect to
students with chronic illnesses including but not limited to: tardiness; restroom
use; administration of medications; procedures for making up work missed due to
short-term absences because of disability-related illnesses or medical
appointments.
5.
A copy of all Section 504 plans providing for In-Home Teaching services must
be forwarded to the In-Home Teaching Services Office within 10 days after they
are completed (and again at the time that In-Home Teaching services are
requested for the student).
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6.
If an extended absence is anticipated due to a student’s disability:
a.
The Section 504 School Site coordinator will complete the “Request for
In-Home Teaching” form and have the parents sign the form.
b.
The form will remain in the student’s Section 504 plan folder until the
extended absence is about to begin, or its dates can reasonably be
predicted.
c.
When the extended absence is impending, the parents/guardians will
notify the school Section 504 School Site coordinator as soon as possible
and provide the fax number of the student’s medical doctor.
d.
The Section 504 Plan Coordinator will then fax the “Request for In-Home
Teaching” form to the student’s doctor.
i.
The form includes written notification from the medical doctor
treating the student and supporting the student’s absence from
school.
ii.
The medical doctor must be licensed in California.
iii.
The medical doctor must designate the anticipated period of
student absence and the medical reason for the absence.
e.
The “Request for In-Home Teaching” form should be faxed by the
doctor’s office directly to the In-Home Teaching Services Office as soon
as possible in order to expedite in-home instructional support. The
“Request for In-Home Teaching” form, signed by the doctor, is to be
returned to the In-Home Teaching Services Office by the parent or via the
U.S. Mail. A copy of the form should be forwarded to the school 504
coordinator as soon as possible.
f.
The In-Home Teaching Services coordinator or designee will then begin
the search for an in-home teacher. The in-home teacher will be
determined within 5 school days if possible. The in-home teacher will
initiate and make contact with the disabled student’s parents or guardian
within 5 days of receipt of the "request for In-Home Teaching" form by
the In-Home Teaching Services Office.
g.
It is the parent’s responsibility to provide the physician’s written release to
the In-Home Teaching Office when the student can return to school. This
written release also includes any limitations or accommodations that
student will require upon return to school, which will be considered by the
student’s Section 504 team if necessary.
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7.
All provision of a Section 504 Plan must be followed by all District staff,
including teachers and administrative staff, even if those provisions are different
from normal District procedures concerning in-home services, tardies, make-up
work, etc.
8.
All disagreements about in-home teaching services should be addressed as soon as
possible by convening a Section 504 plan meeting.
00203.00106/122509.1
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