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The 504 path

Section 504 protects students with disabilities who need accommodations and services at school, with or without special education.

IEP or 504 plan?

An IEP (special education) is for a student with a disability who needs specially designed instruction. A 504 plan is for a student with a disability who needs accommodations, aids or services to learn alongside other students, even without special instruction. Both are free. A student who needs an IEP should not be offered a 504 plan instead.

About this guide: Checked line by line against the federal regulations (34 CFR Parts 300 and 104, eCFR text as of 29 Oct 2026) on 2 Nov 2026. A second review by someone with special education law training is still to come. This is general information, not legal advice. Your state may add rules.

Step 1: Who Section 504 covers

What should happen

  • Section 504 protects students who have a physical or mental impairment that substantially limits one or more major life activities. Learning is one of many.
  • The school must look at the impairment without counting the help of things like medicine or hearing aids.
  • Good grades alone are not enough to say a student does not have a disability.
  • Each year the school must try to find students with disabilities who are not getting a public education.

What to bring

  • Medical or other records that describe the condition and how it affects your child at school.

What to ask

  • Who is the district's Section 504 coordinator?

Red flags

  • You are told a 504 is only for children who are failing.

The law: 34 CFR 104.3(j); 34 CFR 104.32; Office for Civil Rights, Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools (Q9, Q11)

Step 2: Evaluation under 504

What should happen

  • The school must evaluate a student who needs or is believed to need special education or related services before placing the student, and before any significant change in placement.
  • Tests must be valid, given by trained staff, and look at specific needs, not just one IQ score.
  • Federal 504 rules do not set a number of days for the evaluation. Ask your district for its timeline.

What to bring

  • A written request for a 504 evaluation, dated, with a copy for you.

What to ask

  • When will the evaluation be done?
  • Should my child be evaluated under IDEA too?

Red flags

  • A plan is written without any evaluation.

The law: 34 CFR 104.35(a); 34 CFR 104.35(b); U.S. Department of Education, Office for Civil Rights, Frequently Asked Questions: Section 504 Free Appropriate Public Education (FAPE)

Step 3: Deciding services and placement

What should happen

  • A group of people who know your child, the evaluation data, and the options decides what your child needs.
  • The group must use information from many sources and write down what it considered.
  • Your child must be educated with students without disabilities as much as appropriate, including at lunch, recess, and activities.

What to bring

  • A list of accommodations you think would help, and why.

What to ask

  • Will the plan be in writing? Who gets a copy?
  • How will teachers be told about the plan?

Red flags

  • The plan is verbal only. (Federal rules do not say a 504 plan must be written, but a written plan protects your child.)

The law: 34 CFR 104.35(c); 34 CFR 104.34(a); 34 CFR 104.34(b)

Step 4: What a 504 plan must do

What should happen

  • Under 504, a free appropriate public education means regular or special education and related aids and services that meet your child's needs as well as other students' needs are met.
  • It must be free, except fees that all students pay.
  • If your child needs specially designed instruction and qualifies under IDEA, your child should have an IEP. An IEP also meets 504 duties.

What to bring

  • Notes on how the plan is working.

What to ask

  • How will we know if the plan is working?

Red flags

  • A 504 plan is offered instead of an IDEA evaluation when your child may need specially designed instruction.

The law: 34 CFR 104.33(a); 34 CFR 104.33(b); 34 CFR 104.33(c)(1); U.S. Department of Education, Office for Civil Rights, Frequently Asked Questions: Section 504 Free Appropriate Public Education (FAPE)

Step 5: Reevaluation and disagreements

What should happen

  • The school must reevaluate from time to time, and before any significant change in placement.
  • You have the right to notice, to see records, to an impartial hearing with a lawyer if you choose, and to a review.
  • Districts with 15 or more employees must have a 504 coordinator and a grievance process.
  • You can also file a complaint with the U.S. Office for Civil Rights, usually within 180 days.

What to bring

  • Copies of the plan, notes, emails, and dates of problems.

What to ask

  • How do I ask for a 504 hearing in this district?

Red flags

  • You are told there is no way to appeal a 504 decision.

The law: 34 CFR 104.35(d); 34 CFR 104.36; 34 CFR 104.7; 34 CFR 100.7(b) (180 day filing limit), applied to Section 504 by 34 CFR 104.61

Last reviewed: November 2026. Rules, programs and phone numbers change. Check with the office named on this page. Report outdated or wrong information.