Schools

Responsibilities
Under Section 504
of the
Rehabilitation Act
of 1973
Fall 2015

Objectives
Review Section 504 of the Rehabilitation Act of 1973
(law, purpose, and procedural safeguards)
Identify Section 504 Plan development and
implementation requirements
Recognize additional protections provided to
students with disabilities covered under Section 504

Section 504 What Is It?

Turn & Talk
1) What is Section 504 of the Rehabilitation Act of
1973?
2) Approximately how many students in your school
receive supports via a 504 Plan?
3) Discuss 2 reasons why a student would qualify for
eligibility under Section 504?

Current Number of Students on a Section 504 Plan in Chicago

Public Schools: 12,941

Network 1

Network 2

Network 3

Network 4

Network 5

Network 6

Network 7

Network 8

Network 9

Network 10

Network 11

Network 12

Network 13

Ausl

Charter

Contract

Options

Os4

Other

Service Leadership Academies

NUMBER OF STUDENTS WITH 504s WITH DIRECT or

INDIRECT RELATED SERVICES
2,500
2,000
1,500
1,000
500
0

Series1

Series2

DIRECT or INDIRECT SERVICE BY RELATED

SERVICE DISCIPLINE
1,000
900
800
700
600
500
400
300
200
100
0

10

11

12

13

14

15

16

17

otdirect

otindirect

ptdirect

ptindirect

nurdirect

nurindirect

psydirect

psyindirect

spldirect

splindirect

swdirect

swindirect

18

19

20

Law
Section 504 of the Rehabilitation Act of 1973 (Section
504) is a nondiscrimination statute barring
discrimination on the basis of disability.
The Chicago Public Schools Americans with
Disabilities Act and Section 504 Policy, prohibits
discrimination on the basis of disability in its
educational programs, activities or employment
policies as required by the Acts.

Purpose of Section 504

To eliminate discrimination on the basis of disability in
any program or activity provided by school districts
and other educational providers that receive federal
financial assistance.
To ensure that students who are Section 504 eligible
have educational opportunities equivalent to those
of their nondisabled peers.

Section 504 Whos Covered?

A student with a disability under Section 504 is defined
as one who (1) has a physical or mental health
impairment that substantially limits a major life activity;
or (2) has a record of such an impairment; or (3) is
regarded as having such an impairment. 29
U.S.C.794; 34 C.F.R. 104, et seq.

Check for Understanding

Turn & Talk
1) Describe a student with a disability under Section
504.
2) Name at least 3 examples of a major life activity.
3) What are 2 important facts that I need to know
about Section 504 of the Rehabilitation Act of 1973
as an administrator?

Physical or Mental Impairment

A physical or mental impairment is defined as 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 any mental or psychological disorder,
such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.*

Major Life Activity

Major life activities are defined to include, 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 working.
Major life activities also include the operation of major
bodily functions, including, but not limited to, functions of
the immune system, normal cell growth, digestive, bowel,
bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.*

Section 504 Procedural Safeguards

CPS Responsibilities
Section 504 requires the Chicago Public Schools to
locate, evaluate, and determine if a student is a
qualified individual under Section 504 requiring
accommodations necessary to provide access to its
educational programs.

Section 504 Procedural Safeguards

Parents Rights & Procedural Safeguards
Parents/guardians are entitled to have the
opportunity to review relevant educational records
under the Family Educational Rights and Privacy Act
(FERPA) and the Illinois School Student Records Act.
Parents/guardians are entitled to receive notice at
least ten (10) calendar days prior to any Section 504
meeting to be held concerning their child.

Section 504 Procedural Safeguards

Parents/guardians must provide prior written consent
for an initial Section 504 evaluation to be conducted.
The initial evaluation will be conducted within sixty (60)
calendar days of the school receiving this prior written
consent.

Suspensions per Office of Civil Rights (OCR) directive,

IDEAs 10 day rule applies to Section 504 students
Manifestation Determination Reviews (MDRs) must be
conducted to determine if SCC violation is result of the
students disability

Section 504 Request for Reconsideration

Parents/guardians disagreeing with a determination by
their childs school regarding:
a) their childs identification, evaluation, or educational
placement,
b) the implementation of their childs 504 Plan, or
c) the resolution of an accommodation request on behalf of
their child
may appeal the determination by requesting an informal
reconsideration by the Chicago Public Schools Office of Diverse
Learner Supports +Services (ODLSS), or by requesting a formal 504
Hearing.

Section 504 Hearings

Section 504 Hearings will be conducted before an
impartial hearing officer appointed by the Chicago
Public Schools.
Parents/guardians may examine the relevant
student records prior to the hearing.
Parents/guardians are entitled to participate in the
hearing and be represented by counsel.

Section 504 Complaint Process

Parents/guardians may also submit a written complaint
on behalf of students or expected District students
alleging discrimination regarding:

a) intentional unequal or adverse treatment on the basis of

disability;
b) retaliation or harassment on the basis of disability; or
c) any other type of disability-based discrimination not otherwise
covered explicitly under the Boards Combined Americans
with Disabilities Act and 504 Policy or the Boards
Comprehensive Non-Discrimination Policy.

Section 504 Complaint Process

The complaint must be submitted within 90 calendar days of the actions
complained of in order for the District to investigate the complaint.
The complaint can be submitted to:

ODLSS, Department of Procedural Safeguards and Parental Supports

The Principal or 504 Coordinator of their childs school, or
The central office department head of the applicable office.

Within 45 calendar days after receipt of the written complaint, the ODLSS
Department of Procedural Safeguards and Parental Supports will report
to the complainant its final determination in writing or a projected
timeline for issuing its determination.
Resolutions of complaints are not appealable within the District.

Section 504 Complaint Process

If parents/guardians of a student with disabilities are
dissatisfied with any 504 Hearing decision or final
determination of an accommodation request or
complaint, they may submit a complaint to the
United States Department of Education, Office of
Civil Rights, 500 West Madison, Suite 1475, Chicago
Illinois 60661.

Check for Understanding

Turn & Talk
1) How many days notice is required to inform parents
of a Section 504 Plan meeting?
2) What is the first step to follow if a parent submits a
written request for a formal Section 504 Hearing?
3) How many days can a student with a 504 Plan be
suspended from school?

Highlights of Section 504 Procedural

Safeguards

CPS requires 10 calendar day notice for Section 504 Plan meetings
CPS requires evaluations completed within 60 calendar days of
signed consent

Section 504 Plans must be updated at least annually

New evaluation reports needed at least every three years
Need parental consent for the INITIAL evaluation only
CPS requires parental consent for initial Section 504 Plan

Suspensions per Office of Civil Rights (OCR) directive, IDEAs 10

day rule applies to Section 504 students
Manifestation Determination Reviews (MDRs) must be conducted to
determine if SCC violation is result of the students disability

Initial Section 504 Referral

Who can refer?

Parent
CPS Staff Member

Parental consent must be obtained to initiate a Section

504 evaluation

If parent has given an IDEA consent for an evaluation, obtaining

a Section 504 consent is not necessary.

Evaluate - Determine eligibility- Develop Section 504

IDEA evaluations can be used for Section 504 eligibility.

Implement 504 Plan - Review annually and determine

eligibility every 3 years.

Section 504 Evaluation

60 calendar days to complete any necessary 504

evaluations

A variety of data sources must be used in evaluation process

A physicians medical diagnosis alone is not sufficient
Include other data sources: curricularbased assessments, aptitude
and achievement tests, teacher anecdotal, physical condition,
social and cultural background and adaptive behavior
Test materials must be:

validated for the specific purpose for which they are being used and administered
according to established protocols
designed to assess specific areas of educational deficit, not merely a general
measure of intelligence

Tests must be administered so as to measure the students aptitude of

achievement level, and not reflect either deficit of sensory impairment
or manual and speaking skills

Section 504 Team Who Is Required?

Section 504 Coordinator

Parent
General education teacher
At least one related service provider

Nurse
Social Worker
OT
PT
Psychologist

Note: Special education teacher and speech pathologist are

typically NOT direct service providers on a Section 504 Plan

Section 504 Eligibility

The team will need to review and consider evaluative data
gathered from a variety of sources.

Does the student have a mental and/or physical impairment? Yes or

No
Does the physical and/or mental impairment substantially limit one
or more major life activities? Yes or No

If yes to both questions, the student is eligible for services

under Section 504
If no to one or both questions, the student is not eligible for
services under Section 504

Development of Section 504 Plan

The Section 504 Plan is divided into five (5) sections
The Section 504 team determines what
accommodations/modifications are needed to
enable the student to benefit from and access the
general education curriculum and/or school
activities.

Development of Section 504 Plan

1. Does the student need academic support?
2. Does the student need testing accommodations?
3. Does the student need direct support from a
related service provider?
4. Does the student need Health/Medical support?
5. Can the student transport him/herself in the same
manner as nondisabled peers?
Not all sections apply to all children

Academic Support
Area(s) of Need must be identified
Each subject area in which the students disability substantially
affects his/her ability to learn or another major life activity should
be checked
Accommodations/Modifications are provided in the general
education classroom
Accommodations/Modifications should be individualized to the
student.

The other option should be used when necessary to address student need

Consultation between the special education teacher/related

service provider(s) and/or the general education teacher should
be considered

Testing Accommodations
Testing accommodations, if yes, will be provided for ONLY
the subjects identified under Academic Support area(s)
If a student does not have an academic-based need for a
classroom accommodation, no testing accommodations are
necessary

Identify all necessary accommodations for classroom

assessments
Explain to parents that on district and state testing, only
accommodations allowed by the test manufacturers can
be provided

The 504 Plan

If a student with an IDEA disability requires ONLY related
service support and no direct support from a special
education teacher, they MUST be on a Section 504 Plan
No goals are necessary on Section 504 Plan
Describe what type of service will be given
Location general education setting (related services may be
provided in a pull-out setting)
Frequency of service (e.g., daily, weekly, monthly, quarterly)

Health/Medical Support
Must
participate

Train, monitor
and follow-up
with
parent/staff
and physician

School
Nurse
Interpret and
Review the
Physician's
Orders

Completes the
Health/Medical
Section

Allergies/Asthma/Diabetes
Individual Health Care
Plan/Asthma Action
Plan/Diabetes Care Plan
Must be referred for a
Section 504 Evaluation (if
student is already on IEP,
health care plan
embedded in IEP).
504 Plan eligibility meeting
must be completed within
60 calendar days but
exception for these
students is 15 school days
of receipt of medical
information.

Accommodations
Identify any
accommodations needed
during the school day,
extracurricular activities,
field trips and on the bus.

Safety Plan
List all safety procedures
which will be followed
during the school day,
extracurricular activities,
field trips, and on the bus.
Must be consistent with
current medical orders.
911 will autopopulate.
Physicians Emergency
Action Plan must be
attached.

Transportation Needs

Can the student transport him/herself in the same manner as

nondisabled peers?

If no, provide the applicable justification for why the student cannot
selftransport using these guiding questions:
1) In what way do non-disabled students of similar age and grade travel
to and from school?
2) In what way does the students identified disability impede traveling to
school like his/her non-disabled peers?
3) Does the students identified disability impede traveling safely and
independently during non-school hours such as weeknights or
weekends?
4) Does the student have needs related to his/her identified disability that
require specialized transportation?
- Identify the type of support needed on the school bus, if any

Procedural Safeguards: The Process

Provide Notice
of Meeting

Determine
eligibility under
Section 504

Obtain initial
parent consent
for Section 504
Plan services

Team develops
a Section 504
Plan

Complete 3
year
reevaluation

Section 504 Plan

annual review
(at least once
per year)

Disseminate
and implement
Section 504 Plan

Check for Understanding

Turn & Talk
1) Name 2 individuals who are typically not direct
service providers on a Section 504 Plan.
2) Is a physicians medical diagnosis sufficient to
determine a student eligible under Section 504?
3) Does a 504 Plan allow the 504 team to modify a
students promotion criteria?

Section 504 Plan: What Is & Is Not

Is

Able to include modifications but these are more specific to environment

and facilities.
Intended to remove the barriers that would prohibit the student equal
access to the general education curriculum
Assurance that we do not discriminate due to the student's disability
A plan intended to provide equal access and an equal opportunity to
participate in public school services, programs, and activities

Is Not

A plan that can modify CPS Promotion Criteria

A plan that covers a temporary impairment

A Temporary Impairment
According to the U.S. Department of Educations FAQ document, a
temporary impairment does not constitute a disability for purposes of
Section 504, unless its severity is such that it results in a substantial limitation
of one or more major life activities for an extended period of time (i.e.,
learning).
The issue of whether a temporary impairment is substantial enough to be a
disability must be resolved on a case-by-case basis, taking into
consideration both the duration (or expected duration) of the impairment
and the extent to which it actually limits a major life activity of the
affected individual.
Congress clarified that an individual is not regarded as an individual with
a disability if the impairment is transitory and minor. A transitory
impairment is an impairment with an actual or expected duration of 6
months or less.

Extracurricular Activities
Section 504 and ADA Obligations of Public Schools
indicate that students with disabilities are entitled to
equal access and an equal opportunity to participate in
public school services, programs, and activities.
The ADA and Section 504 apply to all programs and
activities offered by a school system, including school
board meetings, extracurricular programs, teacher
conferences, recreational activities, social and cultural
activities, adult education, summer school or hobby
classes.

Extracurricular Activities
It is the responsibility of CPS to provide ADA/504 reasonable
accommodations that will allow the student to have equal
access and an equal opportunity to participate in public
school services, programs and activities.
This also applies to a CPS extracurricular activities program that
occurs outside of the school day/school year.

Schools who decide to run after school programs or other

extra-curricular activities, must consider and plan for the
extraordinary costs with support from their Network, if
necessary.

Student Discipline

Disciplinary protections do apply to students with Section 504

Plans.
Out of school suspensions are limited to 10 days a school
year, whether cumulative or consecutive.
Manifestation Determination Reviews (MDRs) must be
conducted to determine if SCC violation is result of the
students disability under 2 circumstances:
1.
2.

The school wants to refer a student for expulsion pursuant to a Student

Code of Conduct violation.
The Department of Procedural Safeguards and Parental Supports
advises school to hold MDR in order to suspend a student beyond ten
(10) days.

CPS Policy Resources

CPS Policy

Hyperlink

Combined Americans with Disabilities Act

and 504

http://policy.cps.edu/download.aspx?ID=127

Asthma Management

http://policy.cps.edu/download.aspx?ID=259

Food Allergy Management

http://policy.cps.edu/download.aspx?ID=254

Diabetes Management

http://policy.cps.edu/download.aspx?ID=260

Recap of Our Learning Objectives

Review Section 504 of the Rehabilitation Act of 1973
(law, purpose, and procedural safeguards)
Identify Section 504 Plan development and
implementation requirements
Recognize additional protections provided to
students with disabilities covered under Section 504