504 plans are overseen by the Office of Civil Rights (OCR) to access their website please follow this link OCR

An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED).

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students.

504 Process

  • A request for a 504 plan evaluation can be made by a parent or a staff member.  Requests can be verbal or in writing.

  • A student can qualify for a 504 plan through a special education evaluation that did not result in an IEP but resulted in the need for classroom accommodations.

  • Parent consent is required to complete a 504 plan evaluation.  The evaluation timeline will follow the special education timelines.  Evaluations need to be completed within 60 school days after the date of consent.

  • 504 plans do not require a medical diagnosis, but they do still require data from multiple sources to support there are characteristics of a disability that limits a major life function.  A diagnosis does not automatically mean a child qualifies for a 504 plan.  An evaluation is required to be completed, and eligibility criteria met.  For more information on this topic, please follow this link OCR 504 FAQ and Handbook

  • If a parent does have an outside diagnosis or report, the school will request that as part of the evaluation process.  If there is no outside diagnosis, consent will be needed to collect the appropriate data to make an eligibility determination.

  • If a student is found eligible for a 504 plan, parental consent for initial services will be required.

  • 504 plans allow for accommodations so that a student can access their educational environment at the same level as their non-disabled peers.

  • 504 plans are required to be reviewed and reevaluated.  These requirements will be followed in the same way we address Individualized Education Plans (IEP).  All plans will be reviewed annually prior to the date it was the year before, and every three years, the need for the plan will be reevaluated.

All families have the right to have interpreting and translating services.  If you require an interpreter or ASL support, please contact the program coordinator: Dr. Julie Salamone jsalamone@Benjamin25.org (630) 876-7800, or you can complete the request yourself by following this link interpreter or translation service request.

For any complaints, please contact Dr. Salamone, our 504 plan coordinator at jsalamone@benjamin25.org or (630) 876-7800.

To request an impartial hearing, the parent/guardian must file a written request with the District Section 504 Coordinator or designee within 10 calendar days from the time written notice was received of the District’s Section 504 committee decision.

The hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing. The impartial hearing officer shall issue a written decision, including findings of fact and conclusions of law, within 10 days after the conclusion of the hearing.

  1. A review by a court of competent jurisdiction of the impartial hearing officer’s decision. 34 C.F.R. § 104.36.

  2. File a complaint utilizing the District’s Uniform Grievance Procedure (Board Policy 2:260) regarding any complaints that allege action prohibited by Section 504.

  3. File a complaint with the U.S. Department of Education Office for Civil Rights, Chicago Office, 230 South Dearborn Street, 37th Floor, Chicago, IL 60604.

You can also follow the link to the OCR complaint process webpage OCR complaint webpage. Please also review the 504 plan parental rights Procedural Safeguards

Students who qualify for 504 plans have different procedural safeguards from students who qualify under the Individuals with Disabilities Education Act (IDEA).  Students who qualify for IDEA services are covered by both sets of procedural safeguards.