Section 504 FAQ
Here are answers to frequently asked questions about Section 504 accommodations.
Section 504 establishes a student's right to full access to and participation in education and all school-related activities. It requires schools to provide appropriate services to meet the individual needs of qualified students.
A student is considered "qualified" under Section 504 if the student is between the ages of 3 and 22 years of age and has a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities.
Students may be disabled within the meaning of Section 504 even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA).
A student who does not qualify for an IEP under IDEA may qualify for services under Section 504 if, as noted above, the student has a physical or mental impairment that substantially limits one or more major life activities, or has a record of a physical or mental impairment, or is regarded as having a physical or mental impairment.
Major life activities include caring for oneself, walking, seeing, hearing, speaking, breathing, working, performing manual tasks and learning.
The following are some examples of impairments that may substantially limit major life activities, even with the help of medication, aids or devices: allergies, asthma, attention deficit hyperactivity disorder (ADHD), blindness or visual impairment, deafness or hearing impairment, diabetes, epilepsy, heart disease and mental illness.
No. An example is a student who is temporarily disabled by an injury such as a broken leg. Although the "disability" is not permanent, a school district is still required under Section 504 to provide "accommodation" that will allow the student to have access to the school and its programs while the student remains under the temporary disability of the broken leg.
For the most part, no. With the passage of the ADA Amendments Act in 2008, Congress expanded the scope of "major life activities" and clarified that a disability determination under the ADA and Section 504 should not demand extensive analysis, which is why the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) are no longer considered when making a determination.
If a student is covered by Section 504, a school district must provide the student with a "504 Plan" that describes what the district will do support the student's disability and ensure that the student's disability will not be a barrier to the student access to school programs, which can include things such as school assemblies, extracurricular activities, etc. It is important to note that a 504 Plan is a more general document than an IEP and will only contain a basic description of what kinds of support the district will provide to address the disability.
In addition to providing required services and program modifications, school districts are also required to have written procedures regarding their administration of services under Section 504. These procedural safeguards include notice of the law and its applicability, an opportunity for students and their parents or guardians to examine relevant records, an impartial hearing with the student's parents or guardians and representation by counsel, and a review procedure.
Local school districts are responsible for implementing the provisions of Section 504. However, ultimate responsibility for enforcing the law rests with the Office for Civil Rights (OCR) of the U.S. Department of Education.
If you believe that a school or school district has violated this law and your efforts to resolve your complaint at the local level have not been successful, you may file a formal complaint with OCR by contacting the regional office.
You may also call the OCR Hotline at 1-800-421-3481 or file a complaint using the OCR Online Complaint Form. Section 504 may also be enforced through private lawsuits. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
Inquiries regarding the identification, assessment and placement of children with disabilities should be directed to:
Department for Student Services
Elmwood Park CUSD 401
8201 W. Fullerton Ave.
Elmwood Park, IL 60707
Please note that our procedures and practices with regard to students covered by Section 504 are governed by the D401 Board of Education's policy on the education of children with disabilities, which can be found in Section 6:120 of the District Policy Manual.