School & Education
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Section 504 of the Rehabilitation Act makes sure that children with disabilities have equal access to education. Students with 504 plans can receive accommodations and modifications to help them at school.
Who may be eligible for a 504 plan?
To qualify for a 504 plan, a child must have a “physical or mental impairment” that “substantially limits one or more major life activity.” Major life activities include things like walking, seeing, eating, breathing, learning, thinking, concentrating, and communicating.
To see if your child is eligible for a 504 plan, the school will generally complete an evaluation. Sometimes, the special education evaluation process can provide the needed information to decide if a child qualifies for a 504 plan. If your child does not qualify for an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), they may still qualify for a plan under Section 504.
A school may agree to provide a 504 plan without completing a full evaluation. In many situations, you may still want to request a full evaluation so you can see if your child qualifies for special education services. Also, if you request a full evaluation to see if your child qualifies for special education services and the school denies your request, you can appeal the school's decision through mediation or due process.
What happens if my child qualifies for a 504 plan?
If your child is covered by Section 504, the school district will create a 504 plan. The plan describes what the school will do to support your child’s needs.
How is a 504 plan different from an IEP?
Most of the time, 504 plans are more general than an IEP. An IEP sets yearly goals for your child and lists specialized instruction they will get. A 504 plan will generally describe what kinds of supports, accommodations, or modifications the district will provide.
Your child can get related services, like speech or social work, through a 504 plan. If your child needs time with a special education teacher to help them learn, they probably need an IEP.
What if I disagree with the school district about my child’s 504 plan?
If you believe there is a problem with your child’s 504 plan, you can ask for a meeting to discuss it. Most school districts have a 504 coordinator. You can also reach out to that person to share your concerns.
If the school won’t test your child or is not following their 504 plan, you can ask for a 504 hearing . Not all districts have a 504 hearing process. If your district does have a process, the hearing is a chance for you to discuss your complaint with a school administrator.
You can also file a complaint with the US Department of Education’s Office of Civil Rights (OCR). You must file an OCR complaint within 180 days. In your complaint, explain the problems you are experiencing.
The OCR will decide whether to investigate. If the OCR investigates and finds that the school violated Section 504, they will order the school to fix the situation.
To file a 504 complaint with the OCR in Illinois, you can submit your complaint to:
US Department of Education
Office for Civil Rights
John C. Kluczynski Federal Building
230 S. Dearborn Street, 37th Floor
Chicago, Illinois 60604
(312) 730-1560
(800) 877-8339 (TTD)
(312) 730-1576 (fax)
You can learn more about how to file an OCR complaint on US Department of Education's website.
Learn more about 504 plans from the Office of Civil Rights Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.
