Section 504 Plans in Illinois

How does Section 504 work in Illinois?

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and its implementing regulations at 34 CFR Part 104 apply to all Illinois school districts receiving federal financial assistance. A student qualifies for a 504 plan if the student has a physical or mental impairment that substantially limits one or more major life activities — including walking, seeing, eating, sleeping, breathing, learning, reading, concentrating, thinking, communicating, and working (29 U.S.C. § 705(20); ADA Amendments Act of 2008 as incorporated into Section 504 analysis). Section 504 eligibility is broader than IDEA: students who do not qualify for an IEP may still qualify for 504 accommodations, and the 'substantially limits' standard is construed broadly under the ADAAA. Common Illinois school-based conditions covered include ADHD, anxiety disorders, depression, chronic health conditions such as asthma and diabetes, food allergies, temporary disabilities, and students whose IDEA eligibility has lapsed but who retain functional limitations. ISBE does not administer a state-level Section 504 complaint process — Illinois has no state statute parallel to IDEA for 504 disputes. Section 504 oversight in Illinois is handled federally: complaints may be filed with the U.S. Department of Education Office for Civil Rights (OCR), Chicago Office (serving Illinois), within 180 calendar days of the alleged discriminatory act (34 CFR 104.61; 34 CFR Part 100 incorporating 34 CFR Part 110 time limits). At the district level, each Illinois school district must designate a Section 504 coordinator and establish grievance procedures for 504 disputes under 34 CFR 104.7. Districts must provide FAPE to each qualified student, defined as regular or special education and related aids and services designed to meet individual educational needs as adequately as nondisabled students' needs are met (34 CFR 104.33). Evaluation under Section 504 must draw on information from a variety of sources, and placement decisions must be made by a group of persons knowledgeable about the student (34 CFR 104.35). Illinois school districts may use ISBE's joint IEP/504 guidance document for implementing assessment accommodations on state tests, including the IAR and ISA, for students with 504 plans (ISBE IEP-504 Guidance). Section 504 does not contain the same procedural timelines as IDEA; districts must establish their own timelines in their local 504 policies. However, Illinois's own Illinois Human Rights Act (775 ILCS 5/) provides an independent state-law prohibition on disability discrimination in public education and is enforced by the Illinois Department of Human Rights (IDHR), offering a parallel complaint pathway for educational discrimination beyond what OCR covers.