Section 504 Eligibility and 504 Plans

What is Section 504?

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law. It protects people with disabilities from discrimination and ensures they receive the support they need to fully participate in school.

A 504 Plan is a legal document that lists the specific accommodations and supports your student needs to access a Free Appropriate Public Education (FAPE).

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Does My Child Qualify for a 504 Plan?

To qualify, your student must meet one of the following criteria under federal law:

“A person with a disability is anyone who:
(i) has a physical or mental impairment that substantially limits one or more major life activities,
(ii) has a record of such an impairment, or
(iii) is regarded as having such an impairment.”
— Section 504 of the Rehabilitation Act, 29 U.S.C. §794

For help deciding if this is right for your child, please reach out to Disability Advocacy Solutions.

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What is a physical or mental impairment?

A physical or mental impairment is 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
• Genito-urinary
• Hemic and lymphatic
• Skin
• Endocrine

Or any mental or psychological disorder, such as: 

• Intellectual disabilities
• Organic brain syndrome
• Emotional
• Mental illness, such as serious emotional disturbance or suicidal ideation
• Specific learning disabilities

This is NOT a complete list. 

What is a “major life activity”?

Major life activities include eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Also, major bodily functions that are major life activities include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Important: You do not have to prove that your student’s disability affects their academic performance in order to qualify.

The school says “my student only needs an IHP”. What is that, and should I request a 504 Plan?

An IHP is an Individualized Health Plan. Think of this as the instructions the school nurse and/or teachers will follow to help with medical conditions while at school, on field trips, and during clubs/extracurricular activities. IHPs often include diagnoses, medication needs, emergency food allergy plans, feeding pump and ventilator instructions, etc. They are medical directives so the school nurse or health aide knows how to provide medical care as prescribed while the student is at school and participating in off campus, school sponsored events. IHPs are not the appropriate place for modifications and accommodations. 

Also, because IHPs are not legal documents, it is highly suggested that you request the IHP be added to the 504 Plan or IEP as an official attachment. 

For assistance advocating for your child, please reach out to Disability Advocacy Solutions.

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What Does a 504 Plan Include?

A 504 Plan spells out the supports your student needs in school. It is created by a team that includes:

• You (the parent/guardian)
• Your student’s teacher
• A school administrator
• The school’s 504 coordinator or counselor

Together, you’ll decide what accommodations are needed for your student to access their education safely and without different treatment from non-disabled students in school.

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Common Topics Discussed in a 504 Plan Meeting:

• Medical accommodations: medical supplies and pumps, medication, special diets, ability to use smart devices to track medical data, etc.
• Classroom needs: seating, restroom access, medical privacy, allergy-safe zones, extra time between classes, bathroom allowances 
• Communication plans: how school will share updates with family
• Instructional support: modified work, flexible deadlines
• Testing accommodations: extended time, breaks, separate location, assistive technology use
• Attendance support: excused absences, homebound instruction, flexible schedules
• Celebrations and field trips: allergy-safe parties, food-free rewards, nurse presence 

For assistance in preparing for meeting with the school, please reach out to Disability Advocacy Solutions.

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How Long Does a 504 Plan Last?

• A 504 plan usually lasts one year,
• It can be updated at any time if the student’s needs change. 
• Schools must hold annual meetings for updates/renewals.
• It’s a flexible, living document—meant to grow with your student.

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What if the School Says My Child Doesn’t Qualify?

You have the right to:

1. Request a written explanation explaining why.
2. Ask for a copy of the district’s Section 504 policy and their evaluation procedures.
3. Appeal the decision or file a complaint if you feel your student was wrongly denied. Ask for the school’s “procedural safeguards” and “due process” guidance.

For assistance advocating for your child, please reach out to Disability Advocacy Solutions.

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What to do if my child qualifies for a 504 Plan?

1. Engage in the entire process. You are part of the team that develops the plan.
2. Read through the document carefully to make sure the accommodations meet your student’s needs to access learning. 
3. Remember, this is a living document. If the plan is not helping, schedule another meeting to explore options moving forward. 
4. Take the time to email each of your child’s teachers to share specific details you feel they should know about the 504. 

What If the 504 Plan Isn’t Being Followed?

1. Reach out to the teachers with your and your child’s concerns.
2. Request a 504 team meeting to discuss your concerns.
3. Put your concerns in an email to your student’s principal and request a response. 
4. File a complaint with the school or district.
5. File a complaint with the Office for Civil Rights (OCR).
   • Complaints must be filed within 180 days of when the problem occurred.
   • Learn more about filing a complaint here:
     How to File an OCR Complaint

For assistance advocating for your child, please reach out to Disability Advocacy Solutions.

Due Process and Section 504 Plans…

• Schools must have Section 504 due process procedures.
• Schools must give timely notice of due process rights when an event occurs for which you may wish to file under those procedures. 
• The Section 504 due process procedures must allow parents/guardians to be heard about their concerns by an impartial person, not a school system employee, who is knowledgeable about Section 504 procedures.
• Schools must make sure a due process hearing is promptly available when requested by the parents/guardians. 

“But my school district does not allow for due process if my student has a 504 Plan and not an IEP.”

Per OCR: “A school district cannot satisfy the requirement to have due process procedures by relying on a grievance procedure, nor can a district require a parent to pursue a FAPE-related complaint through the grievance procedure before a hearing under the system of procedural safeguards will be granted. Districts must ensure that they have due process procedures that are available to parents/guardians, as required.” (34CFR 104.36) Furthermore, the hearing officer cannot be an employee of the school district. For assistance advocating for your child, please reach out to Disability Advocacy Solutions.

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