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Section 504

Who decides if my child qualifies for a 504 plan?

Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public education.

A group of people knowledgeable about your child, the evaluation data, and the placement options — typically including you as the parent — makes the eligibility determination as a team, not a single administrator acting alone.

What the official guidance says

This comes from guidance by the U.S. Department of Education's Office for Civil Rights, not from the text of a law. Guidance shows how the Department reads the rules.

“If a parent or guardian of a child with an impairment believes that the child may be a student with a disability and therefore requires services that he or she is not currently receiving in school, the parent or guardian can ask the school district to evaluate or reevaluate the child pursuant to the requirements of the Section 504 regulation.”

— U.S. Department of Education, Office for Civil Rights, Questions and Answers on the ADA Amendments Act of 2008, Question 14

This section is educational support, not legal advice. Special education rules can depend on your state and your child's facts. Talk with your IEP or 504 team, and with counsel when you need legal advice.

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This is educational information, not legal advice. IDEA, Section 504, FERPA, and state rules may differ by situation.

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