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A 504 plan is the written plan in which a public school district records the education, related aids and services, and accommodations a student with a disability needs to receive a free appropriate public education under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Department of Education’s regulations at 34 CFR Part 104, Subpart D. A student is covered when a physical or mental impairment substantially limits a major life activity, such as learning or concentrating (34 CFR 104.3(j); 42 U.S.C. 12102); the regulations do not require the plan itself, but districts commonly write one. This guide covers the law, who qualifies, how to get a 504 plan, an example plan, accommodations, safeguards, Texas rules and the 2026 federal context. It describes the law, not legal advice: consult district counsel on individual decisions.
Table of contents
Executive Summary
In the 2023-24 school year, about 1.9 million public school students in preschool through grade 12 were served only under Section 504, 4% of enrollment, alongside about 7.6 million students (15%) served under the Individuals with Disabilities Education Act (IDEA), according to the Civil Rights Data Collection report of the Department of Education’s Office for Civil Rights (OCR), September 2026.
The school rules in Subpart D did not change in substance. The 2024 Department of Health and Human Services (HHS) Section 504 rule that 17 states challenged in Texas v. Becerra, later Texas v. Kennedy, amended HHS’s own regulation, and the case closed on September 23, 2026 with a judgment limited to that rule’s community integration provisions.
Key Takeaways
- Section 504 is a civil rights law, with no federal funding attached.
- Eligibility turns on a substantial limitation of a major life activity, judged without medication or other mitigating measures.
- A diagnosis is neither required nor enough; good grades do not rule a student out.
- A 504 plan can include services, not only accommodations.
- Procedures are required: parental permission, a group decision, notice, records, a hearing and a review.
- The 2026 judgment did not change Section 504 or 34 CFR Part 104.
What Is a 504 Plan?
A 504 plan is the document a school district uses to record how it will meet a qualified student’s needs under Section 504: the aids, services and accommodations the student receives and the setting where they are provided.
An OCR resource guide explains that, though not explicitly required by the regulations, districts “often document the elements of an individual student’s FAPE under Section 504” in a document “typically referred to as a ‘Section 504 Plan.'” Once a plan exists, regular education teachers “must implement the provisions of Section 504 plans” that govern their treatment of a student, OCR’s FAQ states. How a 504 plan differs from an individualized education program (IEP) is covered in our IEP vs 504 comparison.
Section 504 of the Rehabilitation Act of 1973
Section 504 is a federal civil rights law, enacted on September 26, 1973, that forbids disability discrimination in any program or activity receiving federal financial assistance, including public school districts.
No otherwise qualified individual with a disability “shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” (29 U.S.C. 794(a)), and a “program or activity” covers all operations of a local educational agency (794(b)(2)(B)). The Department of Education’s regulations, first published on May 9, 1980, set the school rules in Subpart D:
| Section | What it requires |
|---|---|
| 104.32 | Each year, locate qualified students not receiving a public education and notify families |
| 104.33 | A free appropriate public education (FAPE), whatever the nature or severity of the disability |
| 104.34 | Education with students without disabilities to the maximum extent appropriate |
| 104.35 | Evaluation before placement and any significant change in placement |
| 104.36 | Procedural safeguards |
| 104.37 | Equal access to nonacademic and extracurricular activities |
| 104.38-104.39 | Preschool, adult education and private schools that receive federal funds |
Title II of the Americans with Disabilities Act (ADA) also applies to public schools; the three laws are compared in our guide to the Individuals with Disabilities Education Act (IDEA).
Who Qualifies for a 504 Plan
A student qualifies for a 504 plan when a physical or mental impairment substantially limits one or more major life activities, the student is of public school age, and the student needs aids, services or accommodations because of it (34 CFR 104.3(j), 104.3(l)(2), 104.33).
- Impairment: a condition affecting a body system, such as the neurological, respiratory or endocrine system, or “any mental or psychological disorder,” including emotional or mental illness and specific learning disabilities (34 CFR 104.3(j)(2)(i)).
- Major life activities: the regulation lists caring for oneself, manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; the amended ADA adds, among others, eating, sleeping, reading, concentrating, thinking and communicating, and major bodily functions such as endocrine and neurological functions (42 U.S.C. 12102(2)).
- Record of, or regarded as: these prongs protect against discrimination, but alone they are “insufficient” to trigger the right to FAPE, according to OCR.
The ADA Amendments Act and “Substantially Limits”
The ADA Amendments Act of 2008, effective January 1, 2009, applies to Section 504 because the Rehabilitation Act defines disability by reference to the ADA (29 U.S.C. 705(20)(B)). Under 42 U.S.C. 12102(4):
- Coverage is broad, and one limited activity is enough.
- Episodic conditions count if they would substantially limit a major life activity when active.
- Mitigating measures are ignored: medication, assistive technology, accommodations and “learned behavioral or adaptive neurological modifications”; only ordinary eyeglasses or contact lenses are considered.
OCR says districts “must not consider the ameliorating effects of any mitigating measures that student is using,” and that the Act “broadens the interpretation of disability” without requiring the Department to amend its regulations.
Grades, Diagnoses and Medical Assessments
“A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504,” OCR’s FAQ says. Its ADHD resource guide adds that “there is nothing in Section 504 that requires a medical assessment as a precondition,” that a medical assessment the district finds necessary is provided at no cost to parents, and that good grades may come only from extra time, help at home or very long study hours.
What Disabilities Qualify for a 504 Plan?
Section 504 has no list of qualifying conditions, and none qualifies automatically. OCR’s specific illnesses and medical conditions page lists Section 504 fact sheets and guides on ADHD, anxiety, asthma, depression, diabetes, epilepsy, food allergies, migraine and sickle cell disease, among others. Appendix A to Part 104 notes that an impairment is not a disability “unless its severity is such that it results in a substantial limitation.”
How to Get a 504 Plan: Referral, Evaluation and Review
A student gets a 504 plan through a referral, an evaluation with the parent’s permission, a decision by a group of knowledgeable people and written notice to the family.
- Referral. A parent, a staff member or the district starts the process for any student who “needs or is believed to need” special education or related services because of a disability (34 CFR 104.35(a)).
- Permission. “Section 504 requires informed parental permission for initial evaluations”; if a parent refuses, the district may use a due process hearing to seek an override (OCR).
- Evaluation. Tests are validated for their purpose, given by trained staff and aimed at specific needs (104.35(b)). Part 104 sets no number of days: follow state guidance and district policy.
- Decision. A group of persons knowledgeable about the child, the evaluation data and the placement options weighs documented sources, such as achievement tests, teacher recommendations, physical condition and adaptive behavior (104.35(c)).
- Setting. The student stays in the regular classroom unless education there with supplementary aids and services “cannot be achieved satisfactorily” (104.34(a)).
- Notice. Parents receive notice of the decision and their rights, including when the district refuses to evaluate.
- Review. Reevaluation is periodic, and an evaluation comes before any significant change in placement (104.35(a), (d)).
OCR treats “an exclusion from the educational program of more than 10 school days,” a transfer to another type of program, and ending or significantly reducing a related service as significant changes. A student who may need specially designed instruction should also be considered for a special education evaluation under IDEA.
FAPE Under Section 504
Under Section 504, a free appropriate public education is “regular or special education and related aids and services” designed to meet a student’s needs as adequately as the needs of students without disabilities are met (34 CFR 104.33(b)(1)).
So a 504 plan may include special education or related services, not only accommodations; it is free apart from fees charged to all students (104.33(c)(1)); and implementing an IEP is “one means” of meeting the standard (104.33(b)(2)). Both FAPE standards are compared in our guide to free appropriate public education.
What a 504 Plan Contains
Federal rules set no format; OCR describes a plan that “often includes” the aids and services a student needs and the setting. A workable plan records the impairment and the limited activities, the evaluation sources, each accommodation or service with who provides it and where, test accommodations, any linked health plan, who receives a copy and the review date.
504 Plan Example for a Student With ADHD
This original example for a fictional sixth grader, Jordan, shows the level of detail to aim for; adapt it to your district’s form and the student’s evaluation.
| Plan section | Example entry |
|---|---|
| Impairment | ADHD, documented by a physician’s letter from the parent and by school data |
| Activities limited | Concentrating, learning and reading, considered without the effects of medication |
| Evaluation sources | Grades and missing-work reports, two teacher rating scales, a classroom observation, discipline records, parent input |
| Classroom | Seat near the point of instruction; long assignments split into parts with a check at each part; copy of class notes; time and a half on tests and major assignments |
| Organization | Advisory teacher checks the planner and online assignment list at the end of each day |
| Related service | School counselor meets Jordan 15 minutes a week on planning and study routines |
| Testing | Small-group setting for classroom tests; state test accommodations as the state manual allows |
| Responsibility | Each teacher for classroom items, the counselor for the weekly meeting, the campus 504 coordinator for monitoring; plan sent to all teachers before classes start |
| Review | Within 12 months, or earlier at a parent’s or teacher’s request |
OCR’s ADHD guide names behavioral interventions, assistance with organization and additional time as examples of what such a plan “could include.”
504 Plan Example for Diabetes
For Ava, a fictional third grader with type 1 diabetes, an original plan could list blood glucose checks and snacks in class, water and restroom access at any time, trained staff on field trips, a later sitting for a test interrupted by a blood glucose level outside the range in her health plan, and make-up time after medical appointments. The medical steps belong in the health plan written with her physician and attached to the 504 plan.
504 Plan Accommodations
504 plan accommodations change how a student receives information, works, responds, is tested or moves through the school day, so the student can take part in the same program as classmates.
| Need | Examples |
|---|---|
| Attention | Preferential seating, movement breaks, start-of-task cues |
| Organization | Planner checks, chunked assignments, copies of notes |
| Reading and writing | Digital or audio text, text-to-speech, speech-to-text |
| Testing | Extended time, small-group setting, breaks |
| Health | Access to snacks, water, medication or the nurse; make-up schedules after absences |
| Anxiety | A named adult to go to, advance notice of schedule changes, alternatives to presenting in front of the class |
| Mobility, hearing, vision | Extra passing time, captioning, enlarged print, seating for line of sight |
Each accommodation should answer a documented need and keep the learning standard the same; changing the standard is a modification (see accommodations vs modifications). Longer lists are in our guides to IEP accommodations, which apply to 504 plans as well, and dyslexia accommodations.
Procedural Safeguards and the 504 Coordinator
Every district must give families procedural safeguards for identification, evaluation and placement decisions, and districts with 15 or more employees must name a Section 504 coordinator and adopt grievance procedures.
- Safeguards: notice, a chance for parents to examine records, an impartial hearing with representation by counsel, and a review procedure; IDEA’s safeguards are “one means” of compliance (34 CFR 104.36).
- Coordinator: at least one person “to coordinate its efforts to comply,” named in the district’s nondiscrimination notice, plus grievance procedures for “prompt and equitable resolution” of complaints (34 CFR 104.7, 104.8).
- OCR complaints: file “within 180 calendar days after the discrimination,” with limited waivers (OCR); a private lawsuit does not require an OCR complaint first.
- Discipline: a removal of more than 10 school days requires an evaluation first. OCR’s July 2022 Section 504 discipline fact sheet has been rescinded; see manifestation determination. Districts may discipline current illegal drug or alcohol use as for any student, without the 104.36 procedures (29 U.S.C. 705(20)(C)(iv)).
504 Plans in Texas
Texas districts follow the federal Section 504 rules, plus state laws on parent notice and student health plans, with guidance from the Texas Education Agency (TEA).
- Annual notice: each district must tell parents every year that they may request, at any time, an evaluation for special education or for “aids, accommodations, or services under Section 504,” in the student handbook or by another means (Texas Education Code 26.0081(c)).
- Dyslexia: since HB 3928 (2023), dyslexia instruction comes through an IEP, and a student who needs only accommodations may be served under Section 504; see our Texas Dyslexia Handbook guide.
- Diabetes: a diabetes management and treatment plan signed by parent and physician, an individualized health plan and trained unlicensed diabetes care assistants (Health and Safety Code Chapter 168).
- State tests: accommodations in a 504 plan may also be allowable on STAAR or TELPAS under TEA’s accessibility policies.
- Complaints: TEA directs Section 504 complaints in Texas to OCR’s Kansas City office.
In 2025-26, 6.5% of Texas students received Section 504 services, down from 6.8% a year earlier (TEA). TEA’s Technical Assistance: Section 504 (January 2024) guides local committees.
Section 504 in 2026: The HHS Rule and Texas v. Kennedy
A federal lawsuit over the HHS Section 504 rule ended in September 2026 without changing the Section 504 statute or the Department of Education’s school regulations.
- May 9, 2024: HHS published a final rule updating its own Section 504 regulation, 45 CFR Part 84, for recipients of HHS funds, effective July 8, 2024 (89 FR 40066).
- September 26, 2024: Texas and 16 other states sued HHS in the Northern District of Texas (State of Texas v. Becerra, No. 5:24-cv-225), renamed for Secretary Robert F. Kennedy Jr. in 2025.
- April 11, 2025: the states told the court they had “no intention to seek any relief” on their count claiming Section 504 is unconstitutional.
- 2026: nine states filed an amended complaint in January; voluntary dismissals left Alaska, Florida, Louisiana, Montana and Texas by July.
- September 23, 2026: on a joint motion, the court vacated the rule’s “most integrated setting” definition and related integration provisions (in 45 CFR 84.10, 84.22(b), 84.43(d), 84.68(d), 84.76 and 84.93(b)), dismissed the other claims without prejudice and closed the case, deciding no “other claims or legal issues.” No later filing appeared on the public docket as of mid-October 2026.
34 CFR Part 104 was not part of the HHS rule or the judgment, and OCR still enforces Section 504 in schools that receive Department funds. Under a partnership the Department announced in June 2026, the Department of Justice is to help OCR with investigations, including Section 504 cases, while complaints are still filed with OCR, according to K-12 Dive.
Funding and Staffing
Section 504 and the ADA “do not provide any type of funding,” OCR states. Districts may use funds from “any public or private agency,” and insurers keep any valid obligation to pay (34 CFR 104.33(c)(1)). The core staffing duties are a coordinator, evaluators and teachers who carry out each plan.
Common Mistakes District Leaders Make
- Requiring a diagnosis before evaluating. Section 504 sets no such precondition.
- Counting medication as the answer. Eligibility is judged without mitigating measures.
- Ruling out students with good grades. Effort and help at home can hide a limitation.
- Treating a 504 plan as accommodations only. Services may be needed too.
- Leaving teachers without the plan. A plan not shared is not implemented.
- Changing a plan without an evaluation. Ending a service is a significant change in placement.
Recommended Actions
- Publish the Section 504 coordinator’s name in the nondiscrimination notice and on the website.
- Use one evaluation form that records the impairment, each limited activity and the mitigating measures set aside.
- Send every 504 plan to each teacher before classes start, with an acknowledgment.
- Audit a sample of plans each year for copied lists and missed reviews.
- Trigger a 504 review before any removal would exceed 10 school days.
- Train campus teams on when to start an IDEA evaluation instead of, or with, a 504 review.
Questions District Leaders Should Ask
- Do 504 rates differ across campuses in ways we can explain?
- How long does a 504 evaluation take from referral to decision?
- Can every teacher show the 504 plans of their students?
- How many 504 students were later found eligible under IDEA, and how long did it take?
Frequently Asked Questions
What qualifies a student for a 504 plan?
A student qualifies when a physical or mental impairment substantially limits a major life activity, such as learning, reading, concentrating, breathing or an endocrine function, and the student needs aids, services or accommodations because of it (42 U.S.C. 12102). The limitation is judged without medication or other mitigating measures. OCR has issued Section 504 resources on conditions such as ADHD, anxiety, diabetes and food allergies, but no condition qualifies automatically.
How do you get a 504 plan?
Ask the school in writing for a Section 504 evaluation and describe the concerns; send it to the principal or the district’s Section 504 coordinator. The district asks for the parent’s permission, gathers information from several sources, and a group of people who know the student decides eligibility and the plan. Parents receive notice of the decision and their rights.
Is a medical diagnosis required for a 504 plan?
No. OCR’s ADHD resource guide states that nothing in Section 504 requires a medical assessment as a precondition to finding a disability. A diagnosis is one source of information and does not qualify a student on its own. If the district decides a medical assessment is needed to complete its evaluation, it must provide it at no cost to the parents.
Does a 504 plan expire?
Federal rules set no expiration date. The district reevaluates periodically and before any significant change in placement, such as ending a service (34 CFR 104.35). When a student moves, OCR says the new district reviews the plan and either implements it or evaluates the student. Subpart D covers preschool through secondary school; colleges provide academic adjustments under Subpart E instead (34 CFR 104.44).
Did Texas v. Becerra end Section 504?
No. In April 2025 the plaintiff states told the court they would not seek relief on their claim that Section 504 is unconstitutional, and the final judgment of September 23, 2026 vacated only community integration provisions of the 2024 HHS rule. The Section 504 statute and the Department of Education’s school regulations, 34 CFR Part 104, were not changed.
What is the purpose of Section 504?
Section 504 prohibits disability discrimination in programs that receive federal financial assistance. In schools, it guarantees qualified students with disabilities a free appropriate public education, nondiscriminatory evaluation and placement, education with peers without disabilities to the maximum extent appropriate, equal access to activities, and procedural safeguards.
Related Resources
- IEP vs 504: Key Differences
- IEP Accommodations
- Dyslexia Accommodations
- Free Appropriate Public Education (FAPE)
- Individuals with Disabilities Education Act (IDEA)
- Manifestation Determination
Conclusion
A 504 plan is short on paper and broad in law. Districts meet it by evaluating without waiting for a diagnosis, judging limits without medication, writing specific plans, putting them in every teacher’s hands and evaluating again before anything significant changes.
Sources: 29 U.S.C. 794, Nondiscrimination under Federal grants and programs; 34 CFR Part 104, Section 504 regulations of the Department of Education; 42 U.S.C. 12102, Definition of disability; U.S. Department of Education, OCR, Frequently Asked Questions: Section 504 Free Appropriate Public Education; OCR, Dear Colleague Letter and Resource Guide on Students with ADHD (July 26, 2016); OCR, 2023-24 A First Look: The Civil Rights Data Collection (September 2026); State of Texas v. Becerra (Texas v. Kennedy), No. 5:24-cv-225 (N.D. Tex.), docket and Order and Final Judgment of September 23, 2026; Joint Status Report, Texas v. Kennedy (April 11, 2025); U.S. Department of Education, press release on partnerships for disability programs and civil rights (June 16, 2026); Texas Education Agency, Section 504; Texas Education Agency, Enrollment in Texas Public Schools, 2025-26. Other sections of 34 CFR Part 104 are linked where they are cited.
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