Know Your Parent Rights for 504 Plans, explained by a Parent Advocate.

I’ve spent the better part of the past 15 years explaining parents’ IEP rights to them. And since IEPs and 504 plans are so often in the same conversation, many parents assume that they’re similar as far as what parents and students are entitled to. Well, not really.

Maybe you’re wondering, Can I even request a 504 plan for my child? Or maybe you’re thinking, This 504 plan isn’t working—can I just terminate it?

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Let’s tackle these questions head-on because knowing your rights is the first step to making sure your child gets the support they need.

What Is a 504 Plan Anyway?

A 504 plan falls under Section 504 of the Rehabilitation Act of 1973, a federal civil rights law that ensures public schools provide accommodations to students with disabilities. These plans are for kids who don’t need special education services (that’s where an IEP comes in) but do need extra support to access their education on an equal footing. This might include accommodations for medical conditions, ADHD, anxiety, or even temporary injuries.

Think of a 504 plan as the MVP of leveling the playing field—it’s there to make sure your child can access the curriculum and thrive at school.

Can Parents Request a 504 Plan?

Yes, absolutely. As a parent, you have the right to request a 504 plan for your child. You don’t need a magic wand, an attorney, or an engraved invitation—just a written request to your child’s school. It’s as simple as saying, “I believe my child may qualify for accommodations under Section 504, and I’d like to begin the evaluation process.”

Here’s the thing: schools are legally obligated to evaluate any child they suspect may have a disability that impacts a major life activity (like learning, walking, or breathing). So, if you notice your child struggling academically, socially, or physically because of a condition, put that request in writing. Documentation is your best friend. Seriously, if you learn nothing else from me, learn this: If it’s not in writing, it didn’t happen.

What Happens Next?

Once you’ve requested a 504 evaluation, the school will gather information about your child’s needs. This can include teacher input, medical records, and work samples. Then, a team of professionals (including you—yes, YOU are part of the team!) will determine whether your child qualifies.

If your child is eligible, the school will draft a 504 plan outlining the accommodations they’ll receive. Common accommodations include extended time on tests, preferential seating, or access to assistive technology.

Can Parents Terminate a 504 Plan?

Short answer: Yes. But let’s unpack that a bit.

As a parent, you have the right to request changes to, or even the termination of, your child’s 504 plan. If you feel the plan is no longer necessary—maybe your child’s needs have changed, or they’ve developed strategies to manage without accommodations—you can start the conversation with the school.

Here’s where it gets tricky. Before terminating a 504 plan, consider the following:

1. Will your child still need occasional accommodations? Even if they’re doing well now, a 504 plan can act as a safety net for future challenges.
2. Will removing the plan impact testing accommodations or other supports? Standardized testing often requires formal documentation of accommodations, which the 504 plan provides.

If you’re confident the plan isn’t needed, put your request in writing and meet with the school team. They’ll likely want to reevaluate your child to confirm the accommodations are no longer necessary.

What About Public School Student Rights Under Section 504?

Public school students have specific rights under Section 504. These include:

• The right to a Free Appropriate Public Education (FAPE), which means your child’s school must provide accommodations to meet their unique needs.
• The right to participate in school programs and activities, even with a disability.
• The right to due process if you disagree with the school’s decisions about your child’s 504 plan.

If you feel the school isn’t meeting its obligations, you have options. You can file a complaint with your state’s Department of Education, request mediation, or even file a lawsuit if necessary. But let’s hope it doesn’t come to that.

Under Section 504 of the Rehabilitation Act, schools are required to inform parents of significant decisions or changes regarding their child’s identification, evaluation, or placement, but the law doesn’t mandate the same formal PWN process as IDEA.

That said, here’s what schools must do under Section 504:

Notice of Decisions

Schools must provide parents with notice of decisions about their child’s Section 504 plan, including:

• Refusal to evaluate the child.
• Changes to or denial of requested accommodations.
• Updates to the child’s placement or services.

This notice must be timely, but it doesn’t need to follow the formal structure required under IDEA.

Procedural Safeguards

Section 504 procedural safeguards include:

• Written notice of rights (this is not the same as a PWN under IDEA).
• The right to examine relevant records.
• The ability to file complaints, request mediation, or pursue due process hearings.

Local Districts (LEA) May Vary

While federal law doesn’t require a PWN for 504 decisions, some states or districts may adopt policies mirroring IDEA to ensure clear communication with families. Check your district’s 504 procedures for specifics.

Not the Same Rights as an IEP

Parents of children with an IEP (Individualized Education Program) often have more robust and specific rights under the Individuals with Disabilities Education Act (IDEA) compared to the rights provided under Section 504 of the Rehabilitation Act. Here are some key rights that parents may have with an IEP but not a 504 plan:

1. Right to Special Education Services

• IEP: Under IDEA, an IEP provides individualized special education services tailored to meet the child’s unique needs, such as specialized instruction, therapies (e.g., speech, OT, PT), and modifications to the curriculum.
• 504 Plan: A 504 plan only provides accommodations (like extended test time or preferential seating) to help the student access the general education curriculum but does not include specialized instruction.

2. Procedural Safeguards

• IEP: Parents have extensive procedural safeguards under IDEA, including:
  • Prior Written Notice (PWN): Schools must give written notice before making any changes to the IEP or refusing a parent’s request.
  • Consent Requirements: Parents must give informed consent before evaluations or initial special education placement.
  • Mediation and Due Process Hearings: If disagreements arise, IDEA provides a structured process for resolving disputes, including mediation and impartial due process hearings.
• 504 Plan: While parents have some procedural rights (e.g., to request an impartial hearing), the procedural protections under Section 504 are generally less detailed and less rigorous than those under IDEA.

3. Specific Timelines for Evaluations and Reviews

• IEP: IDEA mandates specific timelines, such as:
  • Evaluations must be completed within 60 calendar days after parental consent is obtained.
  • The IEP must be reviewed at least annually and updated as needed.
• 504 Plan: Section 504 does not specify timelines for evaluations or plan reviews. The frequency and process for reviewing and updating a 504 plan are determined by district policies.

4. Individualized and Measurable Goals

• IEP: The IEP includes measurable annual goals specific to the child’s needs, covering academic, social, and behavioral domains. Progress toward these goals must be monitored and reported regularly to parents.
• 504 Plan: A 504 plan does not include goals or progress monitoring. It focuses solely on accommodations and does not require the school to track or report progress toward specific objectives.

5. Transition Planning for Post-Secondary Life

• IEP: Starting no later than age 16 (or earlier in some states), IDEA requires that an IEP include a transition plan to prepare the child for life after high school. This plan can include services, supports, and activities to assist with higher education, employment, or independent living.
• 504 Plan: Section 504 does not require transition planning or services.

6. Rights to Independent Educational Evaluations (IEE)

• IEP: Parents have the right to request an IEE at public expense if they disagree with the results of the school’s evaluation.
• 504 Plan: Section 504 does not guarantee the right to an IEE. Parents can obtain an independent evaluation, but it will likely be at their own expense.

7. Funding and Resources

• IEP: Special education services under an IEP are federally funded through IDEA, ensuring that schools allocate specific resources to meet students’ needs.
• 504 Plan: Accommodations under Section 504 are not tied to specific funding, which may limit the scope of services provided.

8. Team Composition and Expertise

• IEP: The IEP team must include specific members, such as:
  • The child’s parent(s)
  • At least one general education teacher
  • At least one special education teacher
  • A school district representative knowledgeable about resources and the general curriculum
  • Someone who can interpret evaluation results (e.g., a psychologist or specialist)
• 504 Plan: A 504 team is not federally defined and is often less formal. The team may consist of fewer members and may not include specialists unless requested.

9. Right to Placement Decisions in the Least Restrictive Environment (LRE)

• IEP: IDEA mandates placement in the Least Restrictive Environment, meaning the child must be educated with non-disabled peers to the maximum extent appropriate. Placement decisions are carefully documented and tailored to the child’s needs.
• 504 Plan: While Section 504 requires schools to avoid discrimination, it does not explicitly mandate LRE or detailed placement procedures.

10. Greater Accountability for Implementation

• IEP: IDEA requires schools to provide the services and supports outlined in the IEP with fidelity. If the school fails to comply, parents have clear avenues for recourse.
• 504 Plan: While schools must implement accommodations in a 504 plan, the enforcement mechanisms are less robust, and accountability measures are often less clearly defined.

Pro Tips for Parents Navigating 504 Plans

1. Document Everything. Keep a paper trail of every email, meeting, and conversation with the school.
2. Speak Up. If something isn’t working, say so. Schools aren’t mind-readers, and you’re the expert on your child.
3. Know When to Push. If your child’s 504 plan isn’t being followed, or the accommodations aren’t enough, don’t hesitate to escalate. Start with the school principal, then move up the chain if necessary.
4. Get Support. Sometimes, you need an outside perspective. Join a parent group, consult with an advocate, or even just binge my blog posts (you’re welcome).

The Bottom Line

504 plans are a powerful tool to help kids with disabilities succeed in public schools. And as a parent, you have rights every step of the way—from requesting a plan to revising or terminating it. When in doubt, ask questions, gather data, and remember: you’re your child’s best advocate.

If you’re feeling overwhelmed, don’t worry—you’re not alone. And hey, if you’re ready to take your advocacy game to the next level, check there’s lots more information here on the site.