Section 504

The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” is a federal law passed by the United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate in, or receive benefits from, programs receiving federal financial assistance.  In the public schools specifically, § 504 applies to ensure that eligible disabled students are provided with educational benefits and opportunities equal to those provided to non-disabled students.

Under § 504, a student is considered “disabled” if he or she suffers from a physical or mental impairment that substantially limits one or more of their major life activities, such as learning, walking,, seeing, hearing, breathing, working and performing manual tasks.  § 504 also applies to students with a record of having a substantially-limiting impairment, or who are regarded as being disabled even if they are truly not disabled.  Students can be considered disabled, and can receive services under § 504, even if they do not qualify for, or receive, special education services.

Parent Rights

The purpose of this Notice is to inform parents and students of the rights granted them under § 504.  The federal regulations that implement § 504 are found at Title 34, Part 104 of the Code of Federal Regulations (CFR) and entitle eligible student and their parents to the following rights:  

1. You have a right to be informed about your rights under § 504. [34 CFR 104.32]  The School District must provide you with written notice of your rights under § 504 (this document represents written notice of rights as required under § 504). If you need further explanation or clarification of any of the rights described in this Notice, contact appropriate staff persons at the District’s § 504 Office and they will assist you in understanding your rights.
2. Under § 504, your child has the right to an appropriate education designed to meet his or her educational needs as adequately as the needs of non-disabled students are met. [34 CFR 104.33].
3. Your child has the right to free educational services, with the exception of certain costs normally also paid by the parents of non-disabled students.  Insurance companies and other similar third parties are not relieved of any existing obligation to provide or pay for services to a student that becomes eligible for services under § 504 . [34 CFR 104.33].
4. To the maximum extent appropriate, your child has the right to be educated with children who are not disabled.  Your child will be placed and educated in regular classes, unless the District demonstrates that his or her educational needs cannot be adequately met in the regular classroom, even with the use of supplementary aids and services. [34 CFR 104.34].
5. Your child has the right to services, facilities, and activities comparable to those provided to non-disabled students. [34 CFR 104.34].
6. The School District must undertake an evaluation of your child prior to determining his or her appropriate educational placement or program of services under § 504, and also before every subsequent significant change in placement. [34 CFR 104.35].
7. If formal assessment instruments are used as part of an evaluation, procedures used to administer assessments and other instruments must comply with the requirements of § 504 regarding test validity, proper method of administration, and appropriate test selection [34 CFR 104.35]. The District will appropriately consider information from a variety of sources in making its determinations, including, for example; aptitude and achievement tests, teacher recommendations, reports of physical condition, social and cultural background, adaptive behavior, health records, report cards, progress notes, parent observations, scores on standardized state and district tests, and mitigating measures, among others. [34 CFR 104.35].
8. Placement decisions regarding your child must be made by a group of persons (a § 504 committee) knowledgeable about your child, the meaning of the evaluation data, possible placement options, and the requirement that to the maximum extent appropriate, disabled children should be educated with non-disabled children. [34 CFR 104.35].
9. If your child is eligible for services under § 504, he or she has a right to periodic evaluations to determine if there has been a change in educational need.  Generally, an evaluation will take place at least every three years. [34 CFR 104.35].
10. You have the right to be notified by the District prior to any action regarding the identification, evaluation, or placement of your child. [34 CFR 104.36].
11. You have the right to examine relevant documents and records regarding your child (generally documents relating to identification, evaluation, and placement of your child under § 504). [34 CFR 104.36].
12. Students who are eligible under § 504 have certain additional protections when charged with a violation of the Code of Student Conduct (see VHHS handbook / LHS handbook) which may result in a suspension or expulsion that constitutes a significant change in placement. The purpose of a manifestation determination is to review whether the student’s misconduct was caused by, or had a direct and substantial relationship to the student’s disability or whether the conduct was a direct result of the District’s failure to implement the student’s Section 504 plan. Similar to suspension or expulsion of a student with a disability under IDEA, it is necessary to conduct a manifestation determination when:
13. The suspension or expulsion will be for more than 10 consecutive school days; or
14. The student has been subjected to a series of suspensions that total more than 10 school days in a school year and a pattern of exclusion exists.
15. You have the right to an impartial due process hearing if your wish to contest any action of the District with regard to your child’s identification, evaluation or placement under § 504. [34 CFR 104.36].  You have the right to participate personally at the hearing, and to be represented by an attorney, if you wish to hire one.
16. If you wish to contest an action taken by the § 504 Committee by means of an impartial due process hearing, you must submit a Notice of Appeal or Request for an Impartial Due Process Hearing Under Section 504 to the District’s § 504 Coordinator at:  
         Kelli A. Hartweg, District Director of Special Services
         50 Lakeview Parkway Suite 101
         Vernon Hills, IL  60061
17. If you disagree with the decision of the hearing officer, you have a right to seek a review of that decision before a court of competent jurisdiction (normally, your closest federal district court).
18. You also have a right to present a grievance or complaint to the District’s § 504 Coordinator (or designee), who will investigate the situation, take into account the nature of the complaint and all necessary factors, and respond appropriately to you within a reasonable time.
19. You also have a right to file a complaint with the Office for Civil Rights (OCR) of the Department of Education.  The address of the OCR Regional Office that covers this school district is:
         Office for Civil Rights
         Citigroup Center 500 West Madison St. Suite 1475
         Chicago, IL 60661-4544
         Phone: 312-730-1560
         Fax: 312-730-1576
         Email: OCR.Chicago@ed.gov

Anyone can submit a referral; the referral, however, does not automatically result in an evaluation. By law, the decision to conduct a case study under Section 504 Evaluation must always be a team decision. The school’s team may determine that other interventions should be implemented before an evaluation is necessary.

Under Section 504, the evaluation is used to determine whether or not a student has a physical or mental impairment that substantially limits a major life activity that, in turn, requires accommodations, aids, or services for the student to have equal access to their educational environment.

If a parent/guardian has a concern that his/her student has a need that could be addressed through a Section 504 accommodation plan, the first step is to contact his/her student’s counselor.  The counselor may ask the parent/guardian some questions to learn more about his/her student’s needs.  They may also ask the parent to complete a parent questionnaire and/or provide medical documentation regarding the concern. This documentation will be shared with a school support team to determine if an evaluation is warranted or if other supports may be appropriate.  If the team determines an evaluation is warranted, parents will be contacted by school personnel to discuss what will be included in the evaluation.  Parent consent will be obtained and the school team has 60 school days to gather the information to determine if the student is eligible and requires a Section 504 plan to meet his/her needs.  An eligibility meeting will take place where the team, including the parent and student, will review the data. If a student is eligible, an accommodations plan will be developed at that time to address the needs identified through the evaluation.  If the student is not eligible for a Section 504 plan, alternative supports or interventions may be discussed.

A team of district personnel participate in the evaluations.  Depending on the nature of the referral/needs of the child, this could involve any of the following: school psychologist, social worker, nurse, speech and language pathologist, occupational therapist, physical therapist, and classroom teachers.  In addition, information is gathered from parents and from outside sources offered by parents.

The components of a Section 504 evaluation are individualized to the concerns related to each student.  Some examples of sources of information that are utilized in 504 evaluations include medical documentation from a physician, documentation provided by a student’s private therapist, review of school records, teacher feedback, classroom observation, student interview, test logs, behavior rating scales, and/or documentation of student’s difficulty or inability to take tests under timed conditions.

In order for students to be eligible for a Section 504 plan, they must meet all three criteria outlined below.  

1. The student has a mental or physical impairment, has a record of such impairment, or is regarded as having such an impairment.

2.  The impairment results in the substantial limitation of a major life activity. NOTE: “Substantial limitation” must be interpreted without regard to the ameliorative effects of mitigating measures (e.g. medications, prosthetic devices, assistive devices, or learned or adaptive neurological modifications that a person may use to eliminate or reduce the effects of an impairment. Also, an impairment that is episodic or in remission is a Section 504-protected disability if, when in an active phase, it would substantially limit a major life activity).

3.  Does the substantial limitation result in the child’s inability to access the general education curriculum without accommodations? The limitation results in difficulties in the student’s ability to receive instruction and/or to produce school work.

Illinois State Rules and Regulations related to special education evaluations allow sixty (60) school days for the evaluation to be completed. Best practices recommends similar procedures for Section 504 evaluations. This includes days of the regular school year that students are in session for instructional purposes. Typically, a 504 evaluation is completed in much less time than 60 school days, but this is not a legal requirement. 

Results of a private evaluation are considered by the District and may be utilized as one source of information during evaluations.  However, a private evaluation, in and of itself, cannot be used to determine eligibility, as the District must conduct an evaluation to establish educational need.

Accommodations are determined on an individualized basis and must be designed to  address a student’s specific area(s) of need.  These needs are determined through the evaluation process.

Yes. Section 504 requires that “information from a variety of sources be considered and documented” (i.e. aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, adaptive behavior, and observations from parent/guardian, teachers, and school personnel).

No. A physician’s diagnosis alone does not automatically result in eligibility under Section 504. A physician’s diagnosis should be considered as one piece of evidence when evaluating the student’s eligibility under Section 504. The key to eligibility under Section 504 is whether the student’s disability substantially limits a major life activity to the degree that the student warrants accommodations to have equal access to their educational environment.

Teachers cannot force a student to accept accommodations and/or services. Accommodations are consistently reviewed and discussed at annual review meetings, and/or in meetings as needed, to evaluate which are appropriate to meet the student’s needs.

Please refer to Parent Rights and Procedural Safeguards.

Any site, building, or portion thereof that is approachable, functional and can be used by people with disabilities independently, safely, and with dignity is accessible.

Americans with Disabilities Ac

ADA Amendments Act of 2008.  Amendments to the ADA, which also amended the Rehabilitation Act, were signed into law September 25, 2008, and became effective January 1, 2008.  For more information on the ADAAA, please click here

A behavioral intervention plan for a student that uses positive behavior interventions, supports, and other strategies to address challenging behaviors and enables the student to learn socially appropriate and responsible behavior in school and/or educational settings.

The legal definition contained in Section 504, 34 CFR 104.3(2)(I) states:

“Physical or mental impairment"--An individual has a disability covered by Section 504 if he or she has a physical or mental impairment includes: (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, genitourinary; hemic and lymphatic; skin; and endocrine; or (2) any mental or physical disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.”

Title II provides only representative examples and the list is not meant to be exhaustive. Examples include epilepsy, multiple sclerosis, orthopedic disorders, muscular dystrophy, visual and hearing impairments, tuberculosis, speech impairment, heart disease, diabetes, mental retardation, alcoholism, drug addiction, emotional illness, cancer, HIV disease (symptomatic and asymptomatic), attention deficit disorder, and attention deficit hyperactivity disorder.

Free Appropriate Public Education.  Special education or specially designed instruction and related services for students ages three through 21.

Functional behavioral assessment is a systematic process for defining a student’s specific behavior and determining the reason why (function or purpose) the behavior is occurring.  The FBA process includes examination of the contextual variables (antecedents and consequences) of the behavior, environmental components, and other information related to the behavior.  The purpose of conducting an FBA is to determine whether a behavioral intervention plan should be developed.

Individuals with Disabilities Act

An IDEA term.  At the federal level, the IEP refers to an Individualized Education Program.  An IEP means a written statement for each student with a disability that is developed, reviewed, and revised in accordance with state and federal guidelines governing the education of students with disabilities.  The written statement is a goal-focused document that supports students through specialized instruction and special education resources.

Local Education Agency.

Activities that include, but are not limited to, caring for one’s self, performing manual tasks, seeing, hearing, eating, speaking, walking, breathing, learning, reading, concentrating, thinking, communicating, and working.

When a child with a disability engages in behavior or breaks a code of conduct and the school proposes to remove the child, the school must hold a hearing to determine if the child’s behavior was caused by his disability. This hearing, a Manifestation Determination Review (MDR), is a process to review all relevant information and the relationship between the child’s disability and the behavior.

Review IDEA 2004 at Wrightslaw

Medical treatments or devices that lessen the effects of an impairment.  These measures are not to be taken into account when determining whether an individual is disabled.  Examples of mitigating measures listed in the ADAAA are as follows: medication; medical supplies; equipment or appliances.

Section 504 mandates nondiscrimination.  No otherwise qualified individual with a disability can solely by reason of his or her disability be subjected to discrimination.

Office for Civil Rights.  The office within the United States Department of Education responsible for monitoring Section 504.

Office of Special Education Programs

Office of Special Education and Rehabilitative Services.

These are the procedures used to determine the Section student’s continued eligibility. A reevaluation must occur before any significant change in places and can occur when determining the appropriateness of the services being provided to the student with a disability. For eligible students, reevaluations will occur periodically as needed and at least every three years.

Response to Intervention (RTI) is a multi-tiered approach to the early identification and support of students with learning, behavior, and social/emotional needs. RtI supports are provided  through informal evaluation procedures in which a student’s educational team will gather information to determine the most appropriate interventions and supports.  In District 128, this type of individual problem solving happens through Learning Support Teams.  Interventions for students through the RtI process may be in addition to, or in place of, a 504 plan depending on each student’s needs.

Developmental, corrective, and other supportive services, including psychological, counseling, and medical diagnostic services, and transportation.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities in federally funded programs and activities.  Section 504 of the Rehabilitation Act of 1973 is a civil rights statute providing that “No otherwise qualified individual with handicaps in the United States...shall, solely by reason of his/her handicap, 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 or activity conducted by any Executive agency or by the United States Postal Service.” (29 U.S.C., s.794)

There is a restriction in the manner, condition, or duration of the major life activity when compared to the average person in the general population or the individual is unable to perform the major life activity that the average person in the general population can perform.  When the condition does not substantially limit a major life activity, the individual does not qualify for services under section 504. Simply having an impairment does not automatically qualify a student for Section 504 services, accommodations, and modifications.

Disciplinary action requiring a student to spend time out of classes either in or out of school.  If student is based out of Libertyville High School, please see LHS student handbook.  If student is based out of Vernon Hills High School, please see VHHS student handbook.