Section 504 (Students/Employees with Disabilities)

What is Section 504?

Section 504 is a federal civil rights law that prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance. Within the Duneland School Corporation (DSC), Section 504 helps ensure that students with disabilities have the same opportunity to participate in school programs and activities as their peers.

Unlike special education services, a Section 504 Plan does not typically change what a student is expected to learn. Instead, it identifies accommodations that remove barriers and provide equal access to learning, school facilities, programs, and extracurricular activities. These accommodations help ensure that eligible students receive a Free Appropriate Public Education (FAPE) that meets their individual needs. 

Understanding Section 504

Navigating school support systems can sometimes feel overwhelming, and it is common to confuse a Section 504 Plan with an Individualized Education Program (IEP). A simple way to understand the difference is to think of it as access versus instruction:

• An IEP (Special Education) provides specially designed instruction because under Article 7, a disability affects how a student learns and requires modifications to instruction.
• A Section 504 Plan provides accommodations that ensure a student with a qualifying disability has equal access to the educational environment, school facilities, programs, services, and extracurricular activities. Its purpose is to remove barriers so students can participate alongside their peers.

Section 504 is a federal civil rights law designed to eliminate discrimination based on disability and to ensure that qualified students receive a Free Appropriate Public Education (FAPE).

The Two-Part Eligibility Test

To be eligible for a Section 504 Plan, a student must meet both of the following criteria:

1. The student has a documented physical or mental impairment; and
2. The impairment substantially limits one or more major life activities or major bodily functions.

 

What Counts as a Major Life Activity?

Federal law identifies many activities and bodily functions that may qualify. If a student's impairment substantially limits one or more of the following, the student may meet the second eligibility requirement.

Daily Activities

• Learning

• Reading

• Concentrating

• Thinking

• Communicating

• Working

• Interacting with others

• Sleeping

• Eating

• Standing

• Sitting

• Reaching

• Lifting

• Bending

Physical Activities

• Caring for oneself

• Performing manual tasks

• Walking

• Speaking

• Seeing

• Hearing

• Breathing

Major Bodily Functions

Major bodily functions include, but are not limited to, the proper functioning of the:

• Immune system

• Normal cell growth

• Brain and neurological system

• Respiratory system

• Circulatory system

• Endocrine system

• Digestive system

• Bowel

• Bladder

• Genitourinary system

• Hemic and lymphatic systems

• Reproductive system

• Musculoskeletal system

 

How Can I Request a Section 504 Evaluation?

To request a Section 504 evaluation for your child, submit a written or verbal request by letter or email to your child's principal, school counselor, or one of the Corporation's designated Section 504 Compliance Officers.

In your request, clearly state that you are requesting a Section 504 evaluation, describe your child's documented physical or mental impairment, and explain how the impairment substantially limits one or more major life activities or major bodily functions.

After your request is received, a school administrator or counselor will contact you to explain the evaluation process. Before the evaluation can begin, you will receive a Consent for Evaluation form that must be signed and returned.

 

Examples of Common Section 504 Accommodations

Every Section 504 Plan is developed individually based on a student's documented disability and unique educational needs. Not every accommodation is appropriate for every student. The Section 504 team determines accommodations using evaluation data, input from parents and school staff, and information from medical or other qualified professionals when appropriate.

Examples of accommodations may include:

Classroom & Instruction

• Preferential seating to minimize distractions or improve access to instruction.
• Extended time for classroom assignments, quizzes, and tests.
• Shortened or modified assignments when appropriate without changing learning expectations.
• Additional time to transition between classes.

Testing Accommodations

• Extended time on classroom and state assessments, when permitted.

• Small-group or individual testing environments.

• Reduced distractions during testing.
• Scheduled breaks during lengthy assessments.
• Use of approved assistive technology when appropriate.

Health & Medical Supports

• Access to medication or medical equipment during the school day.
• Permission to carry medically necessary supplies, when appropriate.
• Access to water, snacks, or restroom breaks for documented medical conditions.

Physical Accessibility

• Elevator access, when appropriate.
• Additional time to move throughout the school building.

Communication & Behavior Supports

• Opportunities to take breaks when anxiety or other medical conditions interfere with learning.
• Check-in/check-out procedures with designated staff.
• Access to counseling or support personnel as outlined in the plan.

Technology Supports

• Speech-to-text or text-to-speech tools.
• Access to a computer or tablet for written assignments.

 

Parent Rights and Resolving Disagreements

Parents are encouraged to actively participate throughout the evaluation and planning process. If you disagree with the school's decisions regarding your child's identification, evaluation, eligibility, or placement, you have several options for resolving the disagreement.

Internal Complaint

You may file a grievance with one of the Corporation's Section 504 Compliance Officers if you believe Section 504 procedures or policies have not been properly followed.

Impartial Due Process Hearing

You have the right to request an impartial due process hearing before a hearing officer who is not employed by the school district. Requests should be submitted in writing and are generally expected within two years of the disputed action.

Office for Civil Rights (OCR)

You may file a complaint at any time with the U.S. Department of Education's Office for Civil Rights (OCR) if you believe discrimination has occurred under Section 504.

 

Local Compliance Contacts

If you have questions, would like additional information, or wish to request a Section 504 evaluation, please contact one of the Corporation's designated Section 504 team members:

Student Support Services Coordinator
601 W. Morgan Ave.
Chesterton, IN 46304
219-983-3600

Assistant Superintendent
601 W. Morgan Ave.
Chesterton, IN 46304
219-983-3600

Director of Human Resources
601 W. Morgan Ave.
Chesterton, IN 46304
219-983-3600

 

Parent Checklist: Navigating the Section 504 Process

The Section 504 process includes several important steps. This checklist can help you stay organized throughout the evaluation, eligibility, and annual review process.

Phase 1: Requesting an Evaluation

☐ Submit a signed and dated written request (letter or email) to your child's principal, school counselor, or Section 504 Compliance Officer requesting a Section 504 evaluation.
☐ Sign and return the Consent for Evaluation form before the evaluation begins.

Phase 2: Gathering Medical and Academic Information

☐ Obtain medical documentation, letters, or reports from your child's physician, psychologist, or specialist identifying the physical or mental impairment.
☐ If applicable, provide information about medications, treatments, or other supports your child uses. Federal law generally requires schools to determine eligibility without considering the positive effects of most mitigating measures (such as medication or learned behavioral strategies), except for ordinary eyeglasses and contact lenses.
☐ Gather report cards, progress reports, standardized test scores, or private evaluations that demonstrate the impact of the impairment.
☐ Collect samples of schoolwork, homework, quizzes, or tests that help illustrate how the impairment affects your child's performance or participation.

Phase 3: Eligibility Meeting and Plan Development 

☐ Review the meeting invitation, including the date, time, and participants.
☐ Prepare notes about your child's strengths, challenges, and accommodations that you believe would help provide equal access at school.
☐ Review the team's Eligibility Determination documenting whether your child meets the legal requirements for a Section 504 Plan.
☐ If your child is found eligible, obtain a copy of the completed Section 504 Plan outlining the approved accommodations, services, and educational supports.
☐ Receive a copy of the Notice of Parent Rights and Procedural Safeguards, which explains your rights under Section 504, including access to educational records and due process procedures.