While there are many laws protecting disability rights, including IDEA and ADA, Section 504 of the U.S. Rehabilitation Act of 1973 is a law that states that any organization that receives federal money can’t discriminate against people with disabilities. This includes all federally funded programs and activities, including public schools, and it informs what we often refer to as a 504 plan.
If your child needs supports in school to access their education and environment, a 504 plan might be the right fit. In this article, we’ll walk you through everything you need to know about 504 plans — who’s eligible, what they include, the protections they offer, and answer some of the most common parent questions. For more information, we spoke to Non-Attorney Education Advocates Hadassah Lynn Foster and Sandy Shove, as well Matt Cohen of Matt Cohen and Associates, special education attorney, author, and one of the founding board members of the Council of Parent Attorneys and Advocates (COPAA).
Important note about 504 plans: Section 504 of the Rehabilitation Act is a federal law, but how it’s applied can look different from state to state. For example, California has specific rules and procedures that may not exist elsewhere. Because of this, any reference to a particular state’s process — such as how complaints are filed or how hearings are handled—may not apply where you live. It’s important to check your own state’s guidance or talk with a local advocate to understand what applies to you.
504 plans might not be as common as IEPs, but that doesn’t mean they aren’t as important when it comes to making sure children are protected against discrimination at school. As of 2024, about 1.6 million students in the U.S., or about 3%, have 504 plans, according to the Department of Education’s Office for Civil Rights (compared to 14% of students served under IDEA). Let’s break down 504 plans.
504 plans aren’t actually part of special education. Instead, they’re covered by Section 504 of the Rehabilitation Act — a civil rights law that makes sure kids with disabilities have equal access in school (and everyone else). IEPs, on the other hand, fall under IDEA, which is an education law focused on special education services. Section 504 applies to kids in public schools (that receive federal funding) and requires schools to make reasonable efforts to create a fair learning environment that meets your child’s unique needs — and it also makes clear that schools can’t deny your child the accommodations they need. A 504 plan would cover:
Academic programs, such as regular education classes, remedial/instructional classes, after-school classes and supports, and graduation ceremonies.
Nonacademic services and activities, such as field trips, sports/athletics/interscholastic programs, music/play activities, student and special interest clubs and cheerleading opportunities.
A 504 plan doesn't change what a child learns; it changes and opens how they access the education to reduce or remove barriers to learning.
As the U.S. Department of Education states, Section 504 requires school districts to provide a free appropriate public education (FAPE) to each qualified student with a disability as adequately as the needs of students without disabilities are met. An "appropriate" education includes providing regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of non-disabled students are met.
The goal is to give your child an equal opportunity to learn and participate, just like their same-age peers without disabilities. Unlike an IEP under IDEA, which guarantees an educational benefit, Section 504 focuses on equal access.
While Section 504 is not as specific as the IDEA regarding many aspects of placement of students with disabilities, it does include some guidelines on placement. Once a 504 plan is drafted, the 504 team will decide on placement — where the student will learn the best. Here’s what to expect:
First things first, let’s briefly address the difference between an IEP and a 504 plan. We dive deeper into the differences between IEPs and 504 plans in our article here.
What the student needs
Foster tells us that this is the most important piece of information for parents to know: “A Section 504 plan is a civil rights statute that ensures that your child who has a disability lasting more than six months will be able to access their general education opportunities in the same way that a student who does not have disabilities would access opportunities. An IEP is for a student who has both a disability and a need for specially designed instruction, and 504s technically don’t include specially designed instruction. So that’s the most important difference.”
Cohen also tells us that a big difference is how students qualify. “For a 504 plan, all you need is the need for accommodations or things like therapy services. You don't have to need any special education instruction," he shares. 504 plans also don't need to include time with or an explicit role for the special education teacher, unlike IEPs.
Legal protections
It’s also worth noting that IEPs come with more legal protections than 504 plans do. That’s because the law behind them — the Individuals with Disabilities Education Act (IDEA) — lays out very specific rules and timelines. For example: who is supposed to participate in the meeting? What should be included in the plan? What evaluations are required for eligibility and ongoing services? How do parents take part in the process? And importantly, what rights do parents have if there’s a disagreement?
How they’re defined
Cohen tells us that while 504 plans have similar rules as IEPs do, they’re much less defined. “Imagine, for example, that there’s a skeleton provided for a 504 plan and a full body with all the muscles and flesh and everything else for the IEP. That’s kind of a visual way to differentiate that there’s just a lot more substance to the rules and regulations for the IEPs, and as a result, there’s more direction to the teachers, and there’s more ability for the parents to know what’s going on, to hold the schools accountable,” he explains.
Can a child have both an IEP and a 504 plan?
Technically yes, but it’s usually not necessary. Foster gives us a visual: “This is the best way to think about general education vs. a 504 plan vs. an IEP: think about a big, round target with three circles. The outside ring [general education] includes the entire universe of students who need to access to the general education curriculum. The middle ring [504 plans] includes students with disabilities who are not in need of specially designed instruction, and so can have accommodations to access that big, broad definition of what is a [general] education curriculum. The center [IEPs] includes students with disabilities who need specially designed instruction with accommodations and possibly modifications. But what happens is, if a student has an IEP, they’re automatically covered under Section 504, so you don’t have a separate 504 plan for a student with an IEP, because they’re going to have accommodations under that IEP.”
As we mentioned earlier, only public schools that receive federal funding are required to create 504 plans for students who need them. When it comes to private schools, the same applies: private schools are covered by Section 504 if they accept federal funds. For example:
Beyond 504, Cohen tells us that “unless it’s a religious school, private schools are covered by the Americans with Disabilities Act (ADA), which has not only very similar protections to 504, but actually more detailed protections than 504 does. So the schools where there are the fewest regulations are private religious schools that don’t take federal money. Private, nonreligious schools are generally not covered by 504, but they are covered by the ADA.”
You might be wondering why some families go with a 504 plan instead of an IEP. In this clip, Cohen walks through the biggest advantages (and a few drawbacks) parents should know about, including easier eligibility and fewer labels attached to services:
Many students with disabilities who do not qualify for an IEP will qualify for a 504 plan. Section 504 requires that “school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.” These are often used for students with conditions such as dyslexia, ADHD, physical disabilities, mental illness, severe food allergies, long-term illnesses, and persistent concussions, who do not require specially designed instruction from an educational specialist. To be protected under Section 504, a student must be determined to:
Section 504 doesn’t include a comprehensive list of disabilities, but it does list:
Some conditions may include autism, ADHD, physical illnesses (such as asthma, food allergy, or epilepsy), learning disabilities (such as dyslexia), vision impairment or hearing problems, or mental health problems (such as depression or anxiety disorders). The OCR has noted that hidden disabilities such as diabetes, heart disease, or chronic illness also qualify a child for a 504 plan. Note that on July 26, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague letter with guidance clarifying the explanation that under Section 504, students with ADHD are eligible for 504 plans.
As for major life activities, this can include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. It can also include “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
When deciding if a child has a “substantial limitation” in an area, the school can’t take into account the help the child gets from things like medication, therapy, behavioral strategies, assistive technology, or accommodations. In other words, the determination is based on how the child functions without those supports in place.
In a nutshell, a child is eligible for a 504 plan if they have a disability that interferes with their ability to learn in a general education classroom. Because Section 504 has a broader definition of disability than IDEA does, a child who doesn’t qualify for an IEP might still be able to get a 504 plan.
Wondering if you should be considering a 504 plan? In this clip, Shove breaks down the difference between 504 plans and IEPs, explains who qualifies, and shares why understanding the laws behind them can help you make informed decisions for your child.
There’s a lot of confusion out there about who actually qualifies for a 504 plan. Some things you might hear from schools (or even other parents) just aren’t true. Let’s clear up a few of the most common myths.
The school district says your child can only get a 504 plan if they have a condition listed in the DSM-5.
False! Foster tells us a 504 plan cannot be limited to conditions listed in the DSM-5, primarily because most students who qualify for a 504 plan have physical health conditions that are not listed in the DSM-5. “If you have a school district saying that you can only have a 504 plan if your child has a mental health condition in the DSM-5, your school district has made a giant mistake, and you need to push back,” Foster says.
The school district says your child does not qualify for a 504 plan because they have “good grades” or they’re fine as long as they’re taking ADHD medicine.
This is false, and here’s why: Foster explains that even if a student is earning good grades, passing all their classes on ADHD medication, has autism with lower support needs, or uses other supports like eyeglasses, they still have the right to a 504 plan if their disability affects their ability to fully access learning. Schools can’t deny a 504 plan because a child is doing well academically or just “appears” to be fine on medication, because needs change over time and support needs aren’t the same every day. A 504 plan ensures that support is there when it’s needed, not just when things go smoothly.
Cohen shares a story of a student who earned good grades and test scores but struggled with severe anxiety. Behind the scenes, the child was spending excessive time studying, coming home in tears, and having difficulty participating in schoolwork because of the stress. “So even though their paper performance was good, they weren’t finishing all the tests, so they could have done even better, and it was causing them great emotional distress. And the school said, ‘No 504 plan because we don’t see any adverse effects.’ And we’re going to argue, ‘Well, yes, there was an effect; you just weren’t looking with a wide enough lens at what the effects were.’” Cohen adds that if you do feel that the school district is using the wrong criteria or not appropriately evaluating the information, you can challenge that. More on this later!
The school district tells me that because my child once had an IEP, they qualify for a 504 plan with the same accommodations even if they no longer need intensive services.
This one is actually true! Cohen explains that when a child is exited from special education, they might no longer need intensive support, but they might still qualify for accommodations. For example, a child who no longer requires special education services might still need extended time on tests under a 504 plan if they read a little more slowly than their peers. Foster adds that if a student had an IEP and was exited from it, there should be a conversation about transitioning to a 504 plan during that IEP exit meeting. Because the 504 team is different from the IEP team, parents should at least ask, “When will we schedule the 504 plan meeting?” to make sure supports continue smoothly.
The school district says my child can have this 504 plan only if they get a diagnosis from a doctor who has specific credentials.
Can the school require that the parent bring a medical diagnosis from a professional with specific credentials? Foster tells us, “The answer is no, unless the school district wants to pay to have that child seen by somebody with those specific credentials. . . . If the school district is not happy with [your] doctor’s credentials, your response is, ‘Not a problem. Which doctor would you like them to see? And how shall we make arrangements for the school district to pay for that visit? And the letter that you are requiring so.’” She clarifies this by stating that students with disabilities who are protected under only a 504 plan are entitled to a free public education, which means their parents do not pay for them to go to specialty doctors at the demand of a school district.
The school district says my child needs to have a Student Study Team (SST) before a 504 plan.
A Student Study Team (SST) is sometimes considered the first step to help a student get academic, behavioral, or social-emotional support at school. An SST is a group of school staff — such as teachers, counselors, administrators, and other specialists — who work together to help students who are struggling with academics or behavior. Their job is to spot concerns early, provide systematic support, and connect students to the right interventions or resources. For some kids, the SST process might lead to a referral for further evaluation, such as for a 504 plan or special education services, while for others it might simply result in extra help within the classroom.
An SST, however, is not a requirement before the school can implement a 504 plan. Section 504 does not require that pre-referral interventions be attempted first. The U.S. Department of Education’s Office for Civil Rights (OCR) has made it clear that schools cannot delay or deny an evaluation by insisting that pre-referral interventions (such as RTI or MTSS) be completed first. While schools may use interventions as part of a comprehensive evaluation or data-gathering process, they cannot require them as a prerequisite for initiating a Section 504 evaluation. It’s possible for the school to write and implement a 504 plan first, then hold the SST and use the data from the SST to rework the 504 if needed.
The school district says my child can’t get compensatory education.
Let’s say your child has a 504 plan, but without a specific accommodation they’ve been unable to access their education. For example, maybe your child needs access to an elevator to get to their classroom in a specific building, but the school hasn’t built an elevator and has no timeline on when the elevator will be available. Foster tells us that in this situation, or if a teacher is refusing to implement an accommodation, “Conceivably, you could push for compensatory education . . . but there’s nothing in the regulations that really say that they have to provide you with compensatory services if a teacher refuses to implement or provide services or accommodations.”
Shove tells us that Section 504 only says the school/district must meet the student's needs as adequately as their non-disabled peers, so if the student requires "makeup/compensatory instruction" or other individualized support in order to get their needs met, that can/should be requested under Section 504. If the school/district believes they don't have to provide what's being requested, it falls to them to explain their refusal in writing.
While there is no specific template for a 504 plan, it typically documents the nature of the student’s disability, how it interferes with their education or school life, accommodations, supports, and/or services that the school agrees to provide (typically called the placement), name(s) of service providers, and the name of the person responsible for ensuring the 504 plan is followed.
Note that the term placement is not the same in a 504 plan as it is in an IEP. In a 504 plan context, this placement refers to the regular education setting with individualized supports. Section 504 is not as specific as the IDEA regarding many aspects of placement of students with disabilities; however, it does require that students be educated in the most integrated setting appropriate to their needs.
As explained in this document from the California Office of the Attorney General, “A 504 plan can address a variety of issues, both academic and non-academic. For example, a 504 plan may provide students with disabilities additional time to take tests or may modify a school policy regarding the permitted number of absences in a school year when the students’ absences are disability-related. A 504 plan for a student with a food allergy may include implementation of allergen-safe food plans, administration of epinephrine, allowing the student to carry their medication, or providing the student with an allergen-safe environment to learn and eat.”
Here's some information what a 504 plan can include. To learn how to request one, head to our article How to Get a 504 Plan at School For Your Child.
The most common supports in a 504 plan are accommodations. Accommodations are changes in the classroom that remove barriers caused by your child’s disability. Remember, a 504 plan doesn't change what a child learns; it changes and opens how they access the education to reduce or remove barriers to learning. Your child is still held to the same expectations as other students. While schools sometimes provide accommodations informally, it’s always best to have them written into a 504 plan so the school is held accountable.
They can include:
The goal of a 504 plan isn’t to change what your child is learning, it’s about adjusting how they learn. Your child will still be working on the same books, math, and assignments as their classmates or attending the same clubs and sports teams, but they might access that learning in a different way. Learn more about all the different accommodations your child can have in our article here.
Another common aspect to a 504 plan are assistive technology, or tools the school will provide. Your child may get assistive technology as a reasonable accommodation as part of the school’s responsibility to provide FAPE under Section 504. These can include A 504 plan should outline these AT supports, which can range from high-tech tools to low-tech aids. Your child’s need for assistive technology should be evaluated as part of their initial evaluation. If your child already has a 504 plan and you believe AT might help, you can ask the 504 team to evaluate their needs. The team also has to consider any evaluation information you’ve already gathered. Learn more about assistive technology in our article here.
Less common, but possible to include, are services and modifications the school will provide.
While most 504 plans focus on accommodations, they can also include related services. For example: services provided by a speech therapist, occupational therapist, or social worker; therapy or counseling services; behavioral supports and services; school health/nursing services; administration of medication; assistive devices; and adaptive P.E.
Are these the same as IEP related services? Sort of. Disability Rights California explains that the supports a child can get through Section 504 are very similar to the “related services” offered under an IEP in IDEA. The difference is that IDEA provides a detailed list of examples, while Section 504 does not.
Shove tells us that she’s had students who’ve had counseling services because they had anxiety, self-awareness, or self-advocacy needs, and the school counselor was uniquely positioned to be able to provide that. Some students get regular check-ins with their guidance or academic counselor, who acts as the go-between with all of their teachers. The counselor gathers updates on what the student might be missing or need extra help with, then meets with the student once a week to go over everything. In a 504 plan, these types of related services will be more of a consultation than a direct service. Shove explains more about this:
Although rare, 504 plans can technically include modifications and specially designed instruction. As Cohen tells us, a 504 plan can “include both accommodations and modifications. It can also include what are called related services, which are the services provided by a speech therapist, occupational therapist, social worker, even other types of therapy services if they’re needed, nursing services to administer medication. And somewhat surprisingly, schools understand and assume that a 504 plan doesn’t provide special education services. In fact, it could. The real reason that schools think about special education services as being an IEP issue is because they get federal funding to help underwrite the cost of special education, whereas they don’t get any funding to underwrite the cost of a 504 plan. So as soon as parents, clinicians, or whatever start talking about services that might be more expensive, schools generally then start talking about an IEP.”
However, our experts agree that if your child needs specially designed instruction, it’s better for them to have an IEP (if they qualify). The thought behind this is that the goal of a 504 plan is to provide accommodations to access the general education curriculum and FAPE without changing the core expectations, which is what modifications do. Reasonable modifications can include adapting a policy to support a student’s behavioral needs (more on this later), such as modifying days a student can be absent from school.
One question that often comes up when you research 504 plans is whether students with a 504 plan can receive specialized instruction. Parents sometimes hear that 504 plans are “only for accommodations” and that specialized teaching must always go through an IEP. The reality is a little more nuanced.
As Cohen explains, "If the child only needs accommodations, they will not qualify for an IEP. However, the statement that 504s are technically NOT for students who need specially designed instruction is incorrect. Students who need specially designed instruction are generally offered an IEP because that is one of the three criteria to qualify for an IEP and there is no parallel requirement that you must need special instruction to qualify for a 504 plan. However, that the need for specialized instruction is not a requirement does not mean it is not allowed."
Tip #1. Make sure it covers all learning environments
It’s important to note that when writing up the plan, you should make sure to cover all the areas where your child needs support. Think beyond just daily classroom work. Does your child need help during tests, in P.E., at assemblies, or on field trips? The more thorough you are when covering all environments of need, the better the school can address all situations where your child might struggle. “We know we have to figure out this kid and what their particular profile and presentation is. Unfortunately, a lot of people don’t ask the next question, which is: what does that mean for the classroom? What does that mean for the playground? What does that mean for the lunchroom? What does that mean for the after-school program? What does that mean for sports participation, or fine arts, or performing arts participation, or any of the other many different components of an educational environment?” Shove says.
Tip #2. Use the assessment data to create accommodations
This is, again, where the assessment also comes into play. As Shove reiterates, “The assessment is not a negotiable item. We always evaluate the student. We always evaluate in all areas of suspected disability, whether or not they are associated with any given diagnostic label the kid may or may not already have been given. . . . If we don’t have all the data, we aren’t going to know the right things to do, and we aren’t going to know what’s an appropriate accommodation or what’s reasonable for the student or what will make available to them the access and opportunity that’s currently difficult.”
Take ADHD as an example. Shove tells us that children and teens with ADHD often struggle with attention, focus, and figuring out what’s important, but that doesn’t automatically mean they have other issues, such as fine-motor challenges. Without evaluating your child, you can’t know what’s really affecting them or which accommodations will be the best fit. Sometimes a child who seems distracted is just doing what kids do — wiggling or moving around — which can be normal for their age. Other times, there might be physiological reasons, such as sensory processing challenges, where kids move to help their bodies regulate. The first step is understanding what’s typical for their age and what might require support. Here are tips from Shove:
Side note for older kids and teens in middle and high school: Shove tells us that each teacher often has a different style, expectations, and classroom setup. Talking to each teacher helps identify what’s working in certain environments — such as discussion-based classes, small groups, etc. — and what could be adjusted in others. Then, strategies that help in one class can often be applied elsewhere: changing schedules, tweaking classroom routines, or giving space for a student’s strengths, such as sharing ideas without feeling silenced. “Most teachers are really very open and willing to try all sorts of accommodations once it’s demonstrated to them why it matters and why it will make a difference for the student.”
Tip #3. Make sure the plan is personalized
Some schools try to use a one-size-fits-all 504 plan for all students with the same learning or thinking difference. While that might seem efficient, the plan often doesn’t meet your child’s unique needs. Every child is different; even kids with the same diagnosis can have very different strengths and challenges. For example, one child with ADHD might struggle with focus, while another struggles more with impulsivity. As you’re working with the school and team, make sure your child’s plan reflects what they need and what their strengths are. Shove tells us that many parents wonder what the school will do and what they can ask for, but she always starts with the question: what does this student need?
“Those [standardized] forms and lists and those banks of classroom accommodations or environmental changes can be useful tools for parents if they’re stimulating them to think in new ways. For example, is it really just about time, or is it reduced output?” she says.
She shares an example of a student who, when asked to write a short story, spent eight hours creating a fully illustrated “novel.” The final product was amazing, and the teacher praised it, but it became a problem when the student consistently spent far too much time on every assignment, creating a backlog of work and struggling to stop at “good enough.”
“This isn’t somebody who needs special education services because they have a learning disability,” Shove tells us, “but it’s definitely somebody who needs assistance with executive functioning, time management, prioritization, learning when good enough is good enough, and not always doing the best job anybody has ever done in the history of mankind on every assignment all the time. So that’s a different set of needs. And maybe they don’t need special education services in the traditional sense, but they definitely need some direction, some accommodation, and some counseling or case management type check-ins to pull them back from this excessive work ethic for every single thing that they do all the time. That can be done effectively through a 504 plan if everybody understands what the need is.”
As Shove highlights, while checklists and banks of accommodations can be helpful, they rarely capture real-life challenges of our children, like a child doing eight hours of work for a short assignment. No pre-made accommodation says, “Make them stop after 30 minutes.”
That’s why it’s important to have a conversation: what’s the problem? What are we seeing? Everyone can agree that spending eight hours on a half-hour assignment isn’t healthy, but instead of just limiting homework time, focus on the actual issue: the child’s tendency to overdo every task. That’s what the 504 plan can address.
According to law, a 504 plan’s “placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.” Parents aren’t required to be included, but most schools will invite you to be part of the process (and you should definitely ask to be if they don’t!). The school doesn’t technically have to put the plan in writing, but in most cases they do — and it’s always best to have a written copy so everyone’s on the same page.
Something to highlight here is that while you might be familiar with what is called a “504 plan,” schools are not required to make an actual written document called a 504 plan. This is one of the differences between a 504 plan and an IEP. As Shove explains, “There’s no such requirement as a ‘504 plan.’ There’s nothing in [Section] 504 language that requires anything to be written down anywhere. You just have to be given it most of the time. It makes sense to have some record of what you need and why so that you can make sure everybody understands that. It’s very good practice to write it all down in some sort of document, but there’s nothing legally required that’s called a ‘504 plan’ like there is with an IEP. An IEP is a specific document that’s required by IDEA.”
Cohen tells us that one of the shortcomings of a 504 plan is that “there isn’t as much commitment of staff and there’s more ambiguity about who’s going to be responsible once a 504 plan is developed.” But to break it down, he tells us that the individual teacher has a responsibility for implementing the plan and the school has a responsibility for making sure that the individual teacher has knowledge of the plan. He shares that many schools assign a case manager to kids who have 504 plans. They’re also required to have someone who’s identified as a 504 coordinator for the school.
“But because there’s no bureaucracy or 504 team, particularly in a school district, who’s going to be responsible will depend a lot on what the plan provides for,” he says. “Because sometimes, the plan will be primarily carried out by a regular education teacher. Sometimes, it’ll be primarily carried out by a social worker or an occupational therapist or speech therapist. Sometimes, it may be that it’s primarily managed by the nurse or the P.E. staff, or something like that. Responsibility varies a lot, and that’s part of what makes it, in some ways, a more difficult law to ensure that it’s being implemented.”
It’s important that when the 504 plan is being created, you make sure to include teacher and staff names for every accommodation and service being provided. List everyone responsible for carrying out each accommodation, from general education teachers to the school nurse. Also include the main contact — usually called the 504 plan coordinator — who oversees the entire plan.
When it comes to 504 plans, families often wonder: how often should the plan be updated? How will I know if it’s really working? And what about progress or goals? While schools do have to review 504 plans regularly, there are a few key differences from IEPs that parents should keep in mind.
Review and update the 504 plan once a year
While the law varies by state, generally schools are required to review your child’s 504 plan at least once a year. This is the time to check whether the plan still matches your child’s needs as they move into a new school year. This includes any kind of re-evaluation prior to a significant change of placement. Plans should reflect your child’s current challenges and spell out the supports that will actually help. As kids grow, some accommodations may no longer be needed, while new ones might be added as schoolwork gets more demanding. If the school doesn’t reach out to schedule the annual review, don’t be afraid to ask for one. It’s always a good idea to contact your school to learn their specific policies. And note: if anything is updated or “significantly” changed in the plan, the school has to tell families about it, usually through written notifications.
Remember that 504 plans don’t have goals
But what about the day-to-day progress? Our experts tell us that a big downside to 504 plans is that they don’t require any goals or progress checking. As Shove explains, between 504 plans and IEPs, “The big differentiator is the presence or absence of specifically written and consented to goals for a service. A lot of times, parents will say, ‘I don’t care what the goal is; I just want them to get the OT.’ Well, what do you want the OT to work on? What are we trying to achieve with the OT service? You need to have a goal in mind in order to write a treatment plan, and then they’re supposed to be adhering to the treatment plan. So I am always pushing toward: would this be better served by an IEP?”
You might think, “My child doesn’t need a goal, they just need extra time on tests.” The real question Foster wants parents to consider is: what happens if they don’t get that accommodation? Would their grades drop? Would their school participation suffer? If so, then it’s still essential.
She gives an example of a situation where a goal might not be necessary. A student with autism is doing well in general education classes but is having difficulty with their peer relationships. They want to try out for the cheer team, and when they do, they make the team. But the problem comes up when the required cheer shoes cause major sensory discomfort. While there would be no formal “goal” around cheerleading in a 504 plan, the accommodation would be there and the teacher couldn’t refuse because without the right accommodations, that student might quit the team, lose out on friendships, or even avoid school.
So while 504 plans don’t set written goals, you can still see the impact of accommodations in your child’s daily life through grades, participation, and overall well-being. In other words, progress gets measured in different ways, even without official goals on the plan.
Can a child with a temporary disability qualify for a 504 plan?
Foster tells us that there’s no such thing as a temporary 504 plan; you must have a disability that will impact you for a minimum of six months. “A 504 plan is only for individuals with disabilities that are going to last six months or longer. So a 504 plan is not going to be enacted for a student who has a broken arm and needs accommodations for the next three months,” she tells us.
So, for example, a child with a broken leg who needs classroom support for only a few weeks wouldn’t qualify. But what does qualify are conditions that are episodic in nature, or, as Cohen tells us, “if you have what’s called an intermittent impact, which means that you have the condition, but it flares up and then it goes away and then it comes back again.” Foster explains that “if you have a 504 plan that is there to address temporary or episodic events, then the accommodations kick in when the student is having difficulties with that disability.”
Some examples of this could be mental health conditions such as depression, which can be less or more severe, as well as chronic medical conditions such as chronic fatigue, migraines, or POTS. Students with these kinds of conditions who haven’t been identified with any need for special education services qualify for a 504 plan, even if sometimes the condition is really impacting them and other times they’re able to go to school just fine.
“When the student isn’t feeling well, they’re not going to go into school or we’re going to find a way to provide them with access to their education online . . . and other times, they’re going to school. And that’s the whole point of a 504 plan in that situation. It’s not temporary. It’s just that accommodations are needed on an episodic time frame,” Foster explains.
What might this look like? Foster tells us it could be something like having accommodations for turning in their schoolwork late when necessary, or being able to miss more than three classes in the semester, or coming to school early or leaving school or going home early. She gives an example of how this could work: a 504 plan might say that on days when a parent notifies the school that their child will be out due to a headache or panic attack, the teacher will provide the day’s lessons or homework to complete at home for the next day or two, so the child can keep up with the class. And this is made even easier with technology and online learning.
Something to also note is that temporary injuries could eventually lead to a 504 plan if deemed necessary. For example, a student who has a concussion with longer lasting post concussion symptoms might have a "return to learn" or “return to school” letter specifying accommodations they need, which could be turned into a 504 plan after 4-6 weeks. With the help of a healthcare provider, this letter (with recommendations) can help school professionals and parents support students returning to school after a concussion or other injury.
Does a child with medically complex needs qualify for a 504 plan, and what does that look like?
Students with rare neurological disorders, chromosomal disabilities, congenital conditions, or chronic illnesses can qualify for 504 plans, Shove tells us, as these conditions may impact focus, stamina, mobility, or even the ability to sit up in class. Some accommodations could look like a high school student with a heart condition needing a classroom with a couch so they can lie down if their heart rate drops, or a virtual learning setup with cameras in classrooms to allow students to participate safely if in-person attendance puts them at risk.
Any time anything changes, there also needs to be an evaluation. New medical conditions (such as seizures during adolescence or an accident causing long-term disability) may require new services, accommodations, or goals. For example, consider a child who develops chronic fatigue syndrome in high school. Maybe that student used to be able to keep up with the six-hour school day, but now they can only do three. “Do we now not give them an education because they can’t come to school for the whole six hours? Or do we look at how to adjust the schedule to ensure that they get all the educational opportunities that they’re entitled to and required to have without pushing them beyond what they can reasonably accomplish in the course of the day?” Shove explains.
She gives us an example of a recent U.S. Supreme Court case, AJT v. Osseo Area Schools, in which a student with epilepsy that caused frequent morning seizures sued a Minnesota school district under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act for refusing to accommodate her need for later hours of instruction, which she had received at her previous school. “It ended up going through multiple lawsuits and hearing decisions and going up the appellate chain until it did reach the Supreme Court, and they found in favor of the student that no, this was a disability-related need, and a reasonable accommodation was to adjust the time of her school day in accordance with the physical realities of her seizure disorder, and the school district was required to provide for that.”
Is my child’s medical diagnosis enough to make them eligible for a 504 plan?
The short answer is no, a medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. Why? The assessment needs to show that the illness or disability causes a substantial limitation on the student’s ability to learn or another major life activity. Similarly, just a medical diagnosis is not enough information to qualify a child for a 504 plan. While it can be considered, other factors in the assessment will also be included to determine eligibility, such as “aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.”
Cohen also tells us that some clinicians don’t understand the differences in the criteria to qualify for an IEPs versus a 504 plan. So when a parent hears, “Oh, your child should definitely have an IEP or a 504 plan,” it can be confusing. The truth is, just having a disability — or a professional recommendation — doesn’t automatically mean a child qualifies for an IEP or a 504 plan.
How does RTI or MTSS fit into this?
Foster answers another important concern: if your child is receiving interventions such as Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS), do they still need a 504 plan? She tells us that for RTI and MTSS, the school should first collect baseline data — basically, a starting point — before the intervention begins. Then, they should track progress regularly. If the intervention is working, you should see measurable improvement within about 5–6 weeks. A 504 plan might be enough if your child is making progress with these interventions. However, if your child needs RTI or MTSS for more than a year without catching up to grade level or peer level, that’s a sign they likely need an IEP instead. Long-term, slow-progress interventions show that your child requires specially designed instruction, which only an IEP can provide, not a 504 plan.
Can a 504 plan cover behavioral challenges?
Yes, 504 plans can also cover behavior. According to the OCR, “For students with disability-based behavior that interferes with their own or others’ ability to learn, their Section 504 plan may identify individualized behavioral supports for responding to the behavior and supporting the student’s behavioral needs, explain how the school will implement the supports, and describe how the team can assess whether the supports are effective.” They note that these services and supports avoid behaviors that otherwise would lead the school to consider disciplinary measures. Behavior supports under a 504 plan can take many forms. They might include things like school counseling, access to a social worker, mental health services, built-in movement breaks, or the chance for your child to step out and meet with a counselor or behavioral coach when they need time to cool down and self-regulate. If behavior is a big barrier to learning, the 504 team can also use information from a Functional Behavior Assessment to create a behavior intervention plan (BIP). This plan outlines proactive strategies and supports and can be formally included in your child’s 504 plan so everyone knows how to help your child succeed.
The AP teacher refuses to accommodate assistive technology or extra time for tests because “it’s not fair to everybody else.” What should I do?
First, know that disabilities may require accommodations, even in advanced (AP) classes. Students with conditions such as POTS, migraines, ADHD, or sensory issues might need extra time or adjustments in AP classes or extracurriculars. Foster says, “A lot of times, they’ll say, ‘Well, if you can’t do this, then you shouldn’t be in AP classes.’ Now we’re talking about not being able to access an appropriate education. If the child has the cognitive abilities and the desire to do an AP class, then they should be able to access an AP class with accommodations.” Teachers sometimes claim accommodations are “unfair” or “not allowed,” but Section 504 exists to level the playing field, not to give an advantage.
Because Section 504 is a law that protects the rights of individuals with disabilities, there are protections that it offers children at school. Let’s explore what to expect.
Section 504 and the ADA protect students from bullying, intimidation, or any abusive behavior tied to their disability. If the behavior creates a hostile environment that keeps a student from fully accessing their education, services, or activities, the school is responsible for addressing it. A 2000 Dear Colleague Letter from the OCR states that “disability harassment under Section 504 and Title II is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the institution’s program. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.”
Some examples include classmates calling a student with dyslexia hurtful names, which makes it hard for the student to focus and causes their grades to drop. Other students might block the path of classmates who use wheelchairs, preventing them from fully accessing the classroom. Harassment can also come from school staff — for instance, a teacher using inappropriate physical restraint on a student because of disability-related behavior or an administrator denying a student access to lunch, field trips, assemblies, or extracurricular activities as punishment for missing time for disability-related needs. Professors or teachers might belittle students for using accommodations, discouraging participation and hindering learning. Repeated teasing or intimidation of a student with an intellectual disability can prevent them from taking part in class.
As the National Education Association explains, “When a school district knows or reasonably should know of possible disability-based harassment, it must take immediate and appropriate steps to investigate what occurred. If harassment did occur, the school district must take prompt and effective steps to end the harassment and prevent the harassment from recurring.”
Cohen tells us that while both IEPs and 504 plans can offer protections for children, “I would say that’s one place where the 504 plan may be a little better for kids than the protections under special ed: when a kid is a victim of bullying. But both laws contain, directly or implicitly, protections against bullying, because if the bullying is interfering with the child’s ability to participate in and get the full benefit of school, then that becomes an issue of the child’s rights being violated at school because of their disability.”
Cohen explains that with bullying, parents can use something called a Gebser letter, a tool parents can use to formally alert a school about misconduct affecting their child. This basically means that the school district isn’t held responsible for bullying it didn’t know about or have reason to act on. However, once the district is made aware — for example, through a Gebser letter — it can no longer claim ignorance. If the bullying happens again, the district cannot escape responsibility.
You don’t have to be a lawyer to write a Gebser letter, Cohen tells us, but it can carry more weight if an attorney is involved. The purpose of the letter is to clearly document what has happened, explain how your child has been harmed, and outline the specific behaviors or actions causing that harm. It also identifies the steps you believe the school should take to protect your child.
Even if the school doesn’t agree with everything in the letter, they cannot later claim they had no knowledge of the situation. This written documentation helps ensure the school takes the matter seriously. Ideally, the letter prompts the school to take action, whether that means creating a safety plan, implementing a behavior intervention plan, or putting other protections in place, to address the problem before your child experiences further harm.
When it comes to discipline, children with disabilities have protections under Section 504, “from the ways that teachers manage classroom behaviors to the use of exclusionary discipline.” Certain discipline for behavior that is a manifestation of the student’s disability is discrimination. For example, if the school is considering suspending your child in a way that would change their placement (for example, issuing a suspension of more than 10 school days) or expelling them, the law requires the school to hold what’s called a manifestation determination review (MDR). This is basically a meeting where the 504 team looks closely at the situation and asks: was the behavior directly caused by, or closely linked to, my child’s disability? If the answer is yes, then the school can’t punish the child in the same way they might a nondisabled peer. Instead, they need to adjust supports or accommodations to help prevent the behavior from happening again.
If the school finds that the behavior was based on the student’s disability, the 504 team will come up with an alternative to expulsion, such as conducting a functional behavioral assessment and implementing or adjusting a behavior intervention plan. There could also be reason to believe that the “student’s placement may be inappropriate and that the student may need additional or different services, such as behavioral supports, or may need a change in educational setting to ensure FAPE.”
Note, there is some exceptions to this: if your child’s behavior involves drugs, alcohol, or weapons, the school doesn’t have to hold a manifestation determination meeting first. In these cases, the school district is allowed to move your child to an alternate educational setting for up to 45 school days, even if the behavior is linked to their disability. However, just having drugs or alcohol in a student’s possession is not automatically enough for schools to use the ADA/504 “exception” that limits protections. According to OCR Memorandums, there has to be proof that the student was currently using or distributing, and that the use was recent enough to suggest it’s an ongoing issue. Without that kind of evidence, simple possession by itself usually does not meet the standard.
The OCR also recognizes that, in emergency circumstances, if a student’s behavior creates a serious and immediate danger to themselves or others, a school can take quick action — even removing the student right away for a short time — to keep everyone safe “if the behavior presents a serious and immediate threat to the safety of the student or of others that cannot be mitigated by other means.”
If a situation like this is ever reviewed by OCR, they would look closely at the details to decide if the school’s actions were reasonable and truly necessary for safety, even if the immediate removal ends up adding to a pattern of removals.
“Stay put” is an important procedural safeguard to protect the rights of children with disabilities and their parents when disagreements occur with the school. Stay put can be invoked when you dispute a change that the school or school district wants to make to your child’s educational placement, allowing your child to do just that: stay put in the current educational placement and continue receiving the same services until the dispute is resolved. Cohen explains that “while the Office for Civil Rights regulations do not explicitly provide for a ‘stay put’ placement rule, the OCR, in its interpretations, has indicated that schools must provide ‘stay put’ when a 504 dispute is pending."
Related to unfair discipline is another consideration: schools might need to make reasonable modifications to their rules, policies, or practices so that students with disabilities aren’t unfairly punished for behaviors connected to their disability. These modifications can look different depending on the situation.
For example, imagine a school has a policy that students must sit in assigned seats on the bus in alphabetical order. A child with a disability who struggles to stay seated might end up breaking this rule and risk being banned from future trips. Instead of excluding the student, the school could modify its policy by assigning the child to a seat near the front of the bus or having a bus aide remind the student to stay seated.
Here is another example OCR gives: a middle school teacher runs the after-school yearbook club and has a rule that if a student interrupts others too many times during meetings, after three warnings they’ll have to miss the next week’s meeting. One student in the club has ADHD, and their evaluation explains that their disability causes them to talk a lot and sometimes interrupt conversations. Even though the rule is meant to keep the group focused, it ends up unfairly targeting this student because the behavior is directly tied to their disability.
If the school refuses to adjust the rule, that could be considered disability discrimination under Section 504. In this case, the Office for Civil Rights (OCR) would likely step in and require the school to work with the student and their parent to figure out reasonable modifications so the student can still participate without being penalized for behaviors related to their disability.
One of the best ways a 504 plan protects students is from any kind of discrimination against access to school environments and programs. As Foster tells us, “The thing that a 504 plan is supposed to help with is accessing programs.” Imagine your child wants to join the school cheer team, but the coach says they can’t participate because they’re a little slower getting dressed or because the uniform requires a specific type of shoe that your child can’t wear due to their disability.
A 504 plan protects your child in situations like this. It can specify reasonable accommodations — such as allowing your child to wear a different, but still white, shoe — so they can fully participate in the team without being excluded for reasons related to their disability. In other words, while schools may have rules for uniforms or team participation, a 504 plan ensures that those rules don’t unfairly block access for students with disabilities.
Some recent cases have changed the way courts enforce ADA, and therefore 504 plans. Here’s what Cohen tells us parents need to know.
Luna Perez v. Sturgis Public Schools and AJT v. Oseo Area Schools
These two recent cases expanded the situations in which families can take legal action for disability discrimination. The first case, Luna Perez v. Sturgis Public Schools, clarified that even if you’ve already gone through special education procedures — or even reached a settlement — you can still sue for damages under disability discrimination laws. The Supreme Court agreed, which was a win for families.
The second case, AJT v. Oseo Area Schools, addressed how much proof you need to show discrimination. This Supreme Court decision makes it easier to enforce a child’s legal rights under ADA and Section 504. If a child needs accommodations at school, such as accessible materials or extra time, which the school fails to provide, the family should only have to demonstrate that the school knew and didn’t act, not that it acted with intent to discriminate. It lowered the standard, making it easier for a family to demonstrate that a student’s rights were violated.
”Those are both encouraging decisions in terms of expanding the rights of kids and families with disabilities,” Cohen says. He adds, “School districts now have to think twice about whether they might be sued in court for these types of activities. School districts may be more willing to resolve cases with parents that they otherwise would have said, ‘We’re not going to do it. Sue us if you’re not happy about it.’ Because previously they would have thought that that would have been harder for the parents to do.”
Texas v. Becerra/Kennedy
Another case has been rattling 504 plan regulations: Texas v. Becerra/Kennedy. On April 10, 2025, the Department of Health and Human Services (HHS) officially clarified that language about gender dysphoria in the updated Section 504 regulations “does not have the force or effect of law” and “cannot be enforced” so that much of the lawsuit was now unnecessary. Dropping gender dysphoria as a qualifying disability could affect a number of children who experience mental health challenges or bullying, as well as children who are intersex.
“It hasn’t been resolved yet,” Cohen says, “but that actually asserts that gender dysphoria is not a disability under 504, and that the laws that provide for that should be stricken. That seems to be something that’s going to take a long time to litigate on.” On April 17, 2025, Texas v. Becarra/Kennedy was stayed, which means it is closed until the court decides to reopen it.
For many parents reading this right now, the idea of special education can feel overwhelming or carry a social stigma. You might worry that labeling your child as being part of “special ed” might make them stand out or be treated differently by peers, or might lower expectations for their learning. That’s where a 504 plan can feel like a more comfortable option than an IEP.
Foster tells us that she hears the stigma issue a lot, and that’s often the hardest part for parents to navigate with 504 plans and IEPs. What matters most is figuring out what your child specifically needs, based on what your school district can provide, what resources are available in your community, and what works best for your family. There’s no one-size-fits-all answer when it comes to accommodations or school programs — every child’s needs are different.
She adds, “Having a disability should not have a stigma, and maybe sometimes we can all consider that that’s one of the ways that we can change the world: just by saying disabilities are not stigmas. But parents are always the experts, ultimately, and if, in their own town, at their own school, they do not want their child receiving special education services because for some reason the school district is not really going to provide quality services, and you live in a region where it’s just going to be impossible, a 504 plan would work.”
“I’m close with my child’s principal and teachers, so do I have to get things done ‘officially’?" Many parents, especially in small towns or close-knit communities, hesitate to put concerns in writing because they don’t want to seem difficult or disrupt neighborly relationships. They prefer to resolve issues face-to-face with teachers or principals. Keeping track of a 504 plan can also be tricky, Foster tells us, especially when teachers are providing accommodations informally or when parents face challenges like disagreements between divorced parents.
While it’s great to maintain positive relationships, it’s important to understand that school policies and federal law rely on a paper trail to protect your child’s rights. But, as Shove tells us, “that’s not the way the law works, and it’s not the way the policies work.” As she points out, although parents naturally want to keep good relationships with school staff — since they are the ones who spend the day with their child and communication is key — it’s actually more effective to document things formally.
To avoid any miscommunication, parents should follow up every important conversation in writing. After meeting with a teacher or school staff, send a polite email thanking them for the conversation and summarizing what you discussed, what supports or accommodations you agreed on, and any next steps and timelines. Or, for example, if a teacher says your child can’t receive extra time on a test, a polite email clarifying the 504 plan and requesting a meeting helps establish clarity and accountability.
“Now you’ve documented what you understand happened in this conversation, and there’s a record of it, so there’s some accountability that can happen. There’s a record of what was expected. If you have this conversation with the teacher and then follow up with that email, and they come back and say, ‘That is not at all what I said I would do,’ well, isn’t it better? We know that now, right? Now we’ve got clarity. We have a set of expectations that we thought were communicated, which clearly were not. Now we know we need to have a more formal meeting where we can document what needs to happen, and that this friendly sort of conversation and handshake agreement isn’t going to be as sufficient.”
Even if teachers are already giving supports, it’s crucial to get everything documented in the official 504 plan so that everyone is on the same page. As Shove explains, this is why most schools create written 504 plans: having everything documented ensures that everyone knows exactly what supports and accommodations have been agreed upon, giving both the school and the family a clear, shared understanding.
One thing Foster wants parents to take away: involve your child. Even young children should start understanding their accommodations, and by high school, your child should fully know and be able to advocate for their 504 plan supports. This is not just about getting accommodations met — it’s also a critical life skill, teaching your child to understand their disability and speak up for what they need. She explains more about this in this clip:
If you’re still unsure which path to go on, IEP or 504, Cohen has some advice:
“504 plans are neither an automatically better answer than an IEP or an automatically less good answer than IEP. You have to think about your child’s needs. You have to think about what may be likely to give them what they need with the least stigma, with the least hassle. And then also, you need to be practical about how big a fight you are prepared to have with the school to get what you want. So sometimes it’s worth fighting the big fight, and sometimes the path of less resistance is the one that makes sense. That’s something that people really have to evaluate on a case-by-case basis and based on their own sense of how their child is doing.”
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