504 POLICY - Pleasant Hill CUSD 3

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Pleasant Hill CUSD #3
Section 504 POLICY
Section 504 of the Rehabilitation Act of 1973 (Section 504), and its implementing
regulations prohibits discrimination against students on the basis of their disability. The
purpose of this document is to provide information to the public about Section 504 and
implementation of the procedural provisions for Pleasant Hill School District CUSD #3.
This document also reflects the District’s commitment to serve all students. If you have
Section 504 questions, please contact:
Mr. Don Peebles
Superintendent
Pleasant Hill School District CUSD #3
P.O. Box 207
Pleasant Hill, IL 62366
Telephone: 217-734-2311
Facsimile: 217-734-2629
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a federal statute that prohibits
discrimination against persons on the basis of their disability by institutions that receive
federal financial assistance, such as Pleasant Hill School District CUSD #3. It states, in
part, as follows:
No otherwise qualified individual with a disability . . . 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).
Section 504’s purpose is, among other things, to assure that disabled students have
educational opportunities and benefits equal to those provided to non-disabled students.
How is eligibility determined?
For a student to qualify for Section 504 protection, the student must meet three (3)
criteria: (1) a mental or physical impairment; (2) which substantially limits; (3) one
or more major life activities. If the student has an impairment that substantially limits a
major life activity, the impairment is a qualifying disability if it creates a significant
barrier to the student’s ability to access the same educational opportunities afforded to
non-disabled students. It is important to understand that all three (3) criteria must be met
before the student is eligible for Section 504 protection.

Physical or Mental Impairment
Any physical or mental impairment may result in qualification under Section 504. Unlike
IDEA, there are no categories of qualifying disabilities. This step in the Section 504
evaluation process relies heavily upon medical/psychiatric diagnosis by qualified
professionals. It is vital to understand that for a student to qualify for Section 504, the
impairment must impose, to a “considerable” or “large” degree, a limitation to one or
more major life activities.
The 504 Team will consider the nature and severity of the disability as well as how long
the disability is expected to last. Simply having a condition or disability does not
automatically qualify a student for Section 504 protection. The condition must present a
barrier to the student’s ability to access the same educational opportunities as those
afforded a non-disabled student, or a substantial limitation does not exist.

Impairment in a Major Life Activity
The identified physical or mental impairment must affect a major life activity. Major life
activities include, but are not limited to, caring for oneself, performing document tasks,
walking, hearing, seeing, speaking, breathing, learning, and working.
Determining whether the impairment substantially limits a student’s learning is often
critical to the Section 504 eligibility decision. In this regard, the guidance that the Office
for Civil Rights (“OCR”) has provided is the statement that “by definition, a person who
is succeeding in regular education does not have a disability which substantially limits
the ability to learn.”

Substantially Limited
The impairment must substantially limit the major life activity and, thereby, create a
significant barrier to the student’s ability to access the same educational opportunities
afforded to non-disabled students. Section 504 does not specifically define the term
“substantially limits.” The basis for evaluating this criterion is the impact the impairment
has on one or more of a student’s major life activities. It is vital to understand that for a
student to qualify for Section 504, the impairment must impose, to a “considerable” or
“large” degree, a limitation to one or more major life activities.
The 504 Team will consider the nature and severity of the disability as well as how long
the disability is expected to last. Simply having a condition or disability does not
automatically qualify a student for Section 504 protection. The condition must present a
barrier to the student’s ability to access the same educational opportunities as those
afforded a non-disabled student, or a substantial limitation does not exist.
How is a Section 504 evaluation request made?
Any parent or legal guardian, teacher, counselor, or other school staff member who
believes that a student needs accommodation for a qualifying disability can request a
Section 504 evaluation. Use the contact information above to request an evaluation.
When is it not appropriate to offer a Section 504 accommodation plan?
Eligibility under Section 504 is always decided by evaluating and determining that all
three (3) of the criteria, discussed above, are met. If any of the criteria are not met, the
504 Team should not create a formal 504 Plan for the student. Keep in mind that while
a 504 Plan might not be appropriate, an informal intervention plan may be
appropriate (See Student Assistance Program link for more information).
Where will accommodations be provided for students and what are some examples
of possible accommodations?
Implementation of most Section 504 Plans occurs within the regular classroom.
Accommodations generally are those minor adjustments to things like seating
arrangements, removal of physical barriers, and other facets of the learning experience
that provide the student with equal access to learning opportunities. Accommodations
might involve the use of special visual aids, large print texts, or video recordings.
Allowing a student additional time to complete a specific kind of task is also an
accommodation. Numerous accommodations exist that can support a student’s equal
access to educational opportunities.
What is the discipline process for a Section 504 identified student?
Section 504 identified students are subject to the same disciplinary action as a nondisabled student, provided that the student’s behavior is not a manifestation of his or her
qualifying disability. A 504 Team must conduct a manifestation determination whenever
a Section 504 identified student is subject to out-of-school suspension or expulsion for
more than ten (10) consecutive school days. If the 504 Team concludes that the violation
is a manifestation of the student’s qualifying disability, the discipline process must end
and the 504 Team should review the 504 Plan to determine if changes are appropriate. If
the violation is not a manifestation, the student is subject to the same disciplinary action
that any non-disabled student would receive for the same violation.
Are schools required to provide parents with prior notice of a Section 504 eligibility
meeting?
A parent/legal guardian must receive prior notice of a Section 504 eligibility meeting.
Parent/legal guardian consent is not required to conduct eligibility determination;
however, it is recommended that written consent be obtained if possible. Parent/legal
guardian consent must be obtained before administering any individualized standardized
testing.
Must schools secure parental consent before conducting an initial eligibility
meeting?
Section 504 requires the parent’s/legal guardian’s consent to conduct a 504 eligibility
meeting.
Are schools required to provide parents with a list of parent/student rights under
Section 504 before conducting an initial student review?
Pleasant Hill School District CUSD #3 is required to establish and implement procedural
safeguards. A copy of these rights is at the end of this document.
How are parent concerns and complaints handled?
The best solutions to parent/legal guardian concerns occur at the school level. Therefore,
the first step in resolving a complaint should involve the school principal or 504 Team
Leader working with the parent/legal guardian to a mutually acceptable resolution of the
parent’s concern(s). If the concern(s) cannot be resolved informally, the parent/legal
guardian may seek formal resolution under the District’s complaint process.
Pleasant Hill Community Unit District #3
Parent’s Rights and Safeguards under Section 504
The following is a description of the rights granted by federal law to students with
disabilities. The intent of the law is to keep you fully informed concerning decisions
about your child and to inform you of your rights if you disagree with any of these
decisions.
As a parent, you have the right to:
1. Have your child take part in and receive benefits from public education programs
without discrimination based on a disability;
2. Have the District advise you of your rights under federal law;
3. Receive notice with respect to identification, evaluation or eligibility
determination of your child;
4. Have your child receive a free appropriate public education. This includes the
right to be educated with non-disabled students to the maximum extent
appropriate. It also includes the right to have the District make reasonable
accommodation to allow your child an equal opportunity to participate in school
and school-related activities;
5. Have your child educated in facilities and receive services comparable to those
provided to students without disabilities;
6. Have your child receive special education and related services if she/he is found
to be eligible under the Individuals with Disabilites Education Act (PL 101-476)
or Section 504 of the Rehabilitation Act;
7. Have eligibility and educational placement decisions made based upon a variety
of information sources, and by individuals who know the student, the evaluation
data, and placement options;
8. Have transportation provided to and from an alternative placement setting at no
greater cost to you that would be incurred if the student were placed in a program
operated by the District;
9. Have your child be given an equal opportunity to participate in nonacademic and
extracurricular activities offered by the District through the provision of
reasonable accommodations;
10. Examine all relevant records relating to decisions regarding your child’s
identification, evaluation, educational program, and placement;
11. Obtain copies of educational records at a reasonable cost unless the fee would
effectively deny you access to the records;
12. Receive a response from the District to reasonable requests for explanations and
interpretations of your child’s records;
13. Request amendment of your child’s educational records if there is reasonable
cause to believe that they are inaccurate, misleading, or otherwise in violation of
the privacy rights of your child. If the District refuses this request for
amendment, it shall notify you within a reasonable time, and advise you of your
right to a hearing;
14. Request mediation or an impartial due process hearing related to decisions or
actions regarding your child’s identification, evaluation, educational program or
placement. You and the student may take part in the hearing and have an attorney
represent you at your costs to examine relevant records and participate in the
hearing.
15. File a complaint with the District when you believe your student’s rights have
been violated. A complaint may be filed by contacting the District
Superintendent at P.O. Box 207, 501 E. Quincy, Pleasant Hill, IL 62366, or by
phoning 217-734-2311.
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