Section 504

How Do I Apply for Section 504 Services?

First, tell your child’s teacher and principal that you would like an evaluation to see if your child’s juvenile arthritis or related condition is preventing him or her from fully participating in educational and other school activities. You may ask for a Section 504 evaluation or an IDEA evaluation – or both. Often, school districts evaluate a child for both programs at the same time.

Second, formally request this evaluation in a letter to your school district’s Section 504 Coordinator. In this letter, give examples of how juvenile arthritis is affecting your child at school.

Ask your child's school principal for any information that list parental rights under Section 504 and IDEA, and for any materials that describe the evaluation and decision-making process. Be sure to get information about the appeal process if you disagree with decisions made by the school that affect your child. Review these and ask your principal or school district’s 504 Coordinator to explain anything you don’t understand.

Eligibility under Section 504 is determined by an initial evaluation, which is conducted by school personnel. Parents may ask for an evaluation of their child under Section 504 at any time. A child’s teacher may also ask for an evaluation, but the parent can refuse to consent to an assessment.

Initial Evaluation

The initial evaluation under Section 504 may be more limited than the initial evaluation under IDEA. Unlike IDEA, Section 504 does not require an evaluation meeting. However, school districts often use the IDEA evaluation process and screen children for both Section 504 and the IDEA at the same time.

The information used in the evaluation includes test scores, observations from teachers and others school personnel, medical history, and comments from parents. Parents have the right to review any of the information in their child’s school file.

If there is an evaluation meeting, ask to attend it. In any case, be sure to provide any information you believe the teacher or the person evaluating your child needs to know. You may want to put your comments in writing so that there is a record of your concerns. Explain how your child’s juvenile arthritis affects his or her participation in educational and other school activities.

Who Decides What Assistance My Child Will Receive?

A group of school personnel decides what types of accommodations, materials, equipment, and related services your child needs to access educational and other school activities. This group may include your child’s teacher and principal.

This group develops a 504 Plan that lists the things required for the child to have full access to classroom and other school activities. As a parent, you should receive a written notice of what is in this plan, and you have a right to refuse consent to the initial plan.

Parents also have a right to make comments to this group. Unlike IDEA, a parent does not have to be a member of this Section 504 group. However, school districts often include parents in these groups, and many adopt a decision-making process for Section 504 that is similar to that of IDEA.

If you want to attend meetings where your child’s 504 plan is developed, talk to your child’s teacher or principal. If your schedule does not allow you to attend, make sure a member of the group knows your questions, concerns, and desires. It is helpful to put these in writing for the group.

Parents may ask for a meeting at any time to evaluate the assistance their child receives under Section 504. If there is ever a significant change in your child’s 504 Plan, you should be notified in writing.

Your child must be “periodically evaluated” to see if his or her disability still qualifies for assistance under Section 504, though there is no specific timetable for follow-up assessments. States often follow the re-evaluation schedule required by IDEA, which is at least every three years. You or the school may request a re-evaluation at any time. Schools must notify you in writing if a re-evaluation is conducted. Some states also require consent by a parent for re-evaluations, but this is not required by federal law.