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Section 504 Plans: Rights & Procedures

IEP & 504 Plans
Updated 2026-01-20

Understanding Section 504 of the Rehabilitation Act, eligibility criteria, plan development, and differences from IEPs.

What Is a 504 Plan?

A Section 504 Plan is a plan developed under Section 504 of the Rehabilitation Act of 1973 to ensure that a student with a disability receives accommodations to access education equally. Unlike an IEP, a 504 Plan does not provide specially designed instruction — it provides accommodations and modifications to remove barriers.

Eligibility

A student qualifies for a 504 Plan if they:

  1. Have a physical or mental impairment that substantially limits one or more major life activities (e.g., learning, reading, concentrating, walking, breathing)
  2. Have a record of such impairment, or
  3. Are regarded as having such impairment

The definition is broader than IDEA eligibility. Students with conditions like ADHD, anxiety, diabetes, asthma, or chronic health conditions often qualify for 504 Plans.

IEP vs. 504 Plan: Key Differences

FeatureIEP504 Plan
LawIDEASection 504 / ADA
Eligibility13 specific disability categoriesAny disability limiting a major life activity
ServicesSpecially designed instructionAccommodations only
DocumentDetailed, legally prescribed contentLess formal, school-developed
FundingFederal IDEA fundingNo additional funding
Due processComprehensive procedural safeguardsMore limited protections
ReviewAnnual IEP review + triennial evaluationPeriodic review (typically annual)

Developing a 504 Plan

  1. Referral — Teacher, parent, or staff identifies concerns
  2. Evaluation — Gather information (grades, attendance, medical records, teacher input) — formal testing is not always required
  3. Eligibility determination — A team (504 committee) determines if the student qualifies
  4. Plan development — Document specific accommodations (e.g., extended time, preferential seating, breaks, modified assignments)
  5. Implementation — Share with all teachers; ensure accommodations are provided
  6. Review — At least annually, or when circumstances change

Common 504 Accommodations

  • Extended time on tests and assignments
  • Preferential seating
  • Breaks during class or testing
  • Reduced homework load
  • Use of technology (calculator, text-to-speech)
  • Modified attendance policies for medical conditions
  • Behavior intervention plan
  • Access to school counselor or nurse

Dean/Counselor Responsibilities

  1. Identify potential 504 students — Students struggling academically or behaviorally who may have an underlying disability
  2. Participate in 504 meetings — Provide behavioral and attendance data
  3. Ensure compliance — Verify teachers are implementing accommodations
  4. Understand discipline protections — Students with 504 Plans have manifestation determination rights
  5. Communicate with families — Ensure parents understand the 504 process and their rights

Legal References

  • Section 504 of the Rehabilitation Act of 1973 — 29 U.S.C. §794
  • Americans with Disabilities Act (ADA) — 42 U.S.C. §12101 et seq.
  • 34 C.F.R. Part 104 — Nondiscrimination on the Basis of Handicap
  • CA Education Code §56040 — Child Find Obligations