Can my child get a 504 plan in a private school?

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:

• If the private school is identified by the state or the school district as a special education school and is getting funding from the school district to pay for the tuition of the child to go there.
• If the private school receives funding for free school lunches or even federally subsidized computers, they are governed by Section 504 for all students. It just might be hard to establish.

Attorney Matt Cohen tells us, “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.”

For more information, see our full article What Is a 504 Plan?.