Key Takeaways: Your Section 504 Rights Checklist
- Accessible Education
- Nov 11
- 10 min read
You've learned a lot about Section 504 throughout this series. This final installment brings together the most critical information in an easy-to-reference format. Use this as a quick guide to your rights, important timelines, red flags to watch for, and resources to help you advocate for your child.
Your Essential Section 504 Rights
Your Child's Rights
Right to a Free Appropriate Public Education (FAPE):
Regular or special education and related aids and services
Designed to meet your child's individual needs as adequately as non-disabled peers
Individualized based on evaluation data, not cost or convenience
Right to be evaluated:
At no cost to you
When the school has reason to believe your child needs services because of a disability
Using a variety of sources, not just IQ tests
By trained personnel
Right to an individualized Section 504 Plan:
Documenting needed accommodations and services
Based on your child's specific needs
Legally binding on all staff
Implemented with fidelity
Right to equal access:
To all educational programs and activities
To extracurricular activities and nonacademic services
Without discrimination based on disability
Right to be educated in the Least Restrictive Environment (LRE):
With non-disabled peers to the maximum extent appropriate
Only removed to more restrictive settings when needs can't be met in general education, even with supports
Right to protection during discipline:
Manifestation Determination Review before significant placement changes (more than 10 consecutive or patterned days totaling 10+)
Cannot be punished for disability-related behavior
Cannot be excluded when behavior is a manifestation of disability
Right to be free from discrimination:
No unnecessary different treatment
No policies with unjustified discriminatory effects
No harassment based on disability
Protection from retaliation for asserting rights
Your Parental Rights
Right to notice:
Of proposed evaluations
Of evaluation results and eligibility decisions
Of proposed changes to the plan or placement
Of procedural safeguards
Of disciplinary actions constituting significant placement changes
Right to participate:
In Section 504 Team meetings
In evaluation decisions
In determining accommodations and services
In placement decisions
In manifestation determinations
Right to review records:
All evaluation reports
The Section 504 Plan
Progress reports and grades
Discipline records
Any records related to your child's education
Right to an impartial due process hearing:
To challenge eligibility decisions
To dispute evaluation results
To challenge services or accommodations
To contest placement decisions
With the opportunity to be represented by counsel
Right to file complaints:
Through local grievance procedures
With the Office for Civil Rights (OCR)
Private lawsuits in federal court at any time
Without exhausting other remedies first
Right to protection from retaliation:
School cannot intimidate, threaten, or discriminate against you for asserting rights
Protected for filing complaints
Protected for participating in investigations or hearings
Important Timelines and Deadlines
Evaluation Timelines
Federal requirement:
Evaluations must be completed in a timely manner
"Reasonableness" standard applies
Texas guidance:
45 school days after receiving parental consent (following state special education timeline as best practice)
Schools should not unreasonably delay evaluation
Reevaluation Requirements
Periodic reevaluations required:
At least once every three years (following IDEA timeline)
Generally, not more than once per year unless agreed upon
Before any significant change in placement (required)
Best practice:
Annual reviews even though only "periodic" reevaluation is required federally
Discipline Timelines
10-day threshold:
Exclusion of more than 10 consecutive school days = significant change in placement
Pattern of removals totaling more than 10 school days = potential significant change
Manifestation Determination:
Must be conducted before the significant change in placement
School cannot proceed with exclusion until MDR is complete
OCR Complaint Timeline
180 days:
Complaints should generally be filed within 180 days of the last act of discrimination
OCR may extend for good cause
Investigation timeline:
OCR aims to complete investigations within 180 days
Complex cases may take longer
Texas-Specific Timelines
Homebound services:
Immediate scheduling of evaluation/reevaluation meeting when physician recommends confinement of 4+ weeks
Section 504 Committee acts as General Education Homebound Committee
Red Flags: When Your Child's Rights May Be Violated
Watch for these warning signs that Section 504 requirements may not being met:
🚩Evaluation Red Flags
School refuses to evaluate despite your request and evidence of need
Evaluation consists only of an IQ test or a single assessment
School doesn't consider a variety of sources (teacher input, medical documentation, parent observations, etc.)
Evaluation takes many months with no explanation for the delay
School says "we'll wait and see" or "let's try RTI first" when disability is evident
School says good grades mean no evaluation is needed, despite clear disability
Medical diagnosis is completely dismissed as irrelevant
🚩Eligibility Red Flags
School denies eligibility solely because the child is doing well academically
Team considers the beneficial effects of medication when determining substantial limitation
School says disability is "too mild" without a proper evaluation
Eligibility denied without a clear explanation of why the criteria aren't met
School acknowledges disability but says "we don't do 504 Plans"
🚩Plan Development Red Flags
Accommodations are vague ("extra time when needed" instead of a specific amount)
Plan is identical to other students with the same diagnosis (not individualized)
School says, "we don't provide that accommodation"
Accommodations aren't connected to how disability affects student
Plan doesn't address all settings where the student needs support
No behavioral supports despite disability-related behavioral challenges
School creates a plan without evaluation
🚩Implementation Red Flags
Teachers say they didn't receive the plan
Substitute teachers don't know about accommodations
The teacher says the child "doesn't really need" the accommodation
Accommodations work with some teachers but not others
Your child consistently reports not receiving accommodations
Performance varies dramatically between classes (suggesting inconsistent implementation)
School has no system for monitoring or documenting implementation
🚩Discipline Red Flags
School suspends for more than 10 days without conducting MDR
Pattern of removals totals more than 10 days without MDR
Manifestation determination doesn't consider failure to implement the plan
School proceeds with expulsion despite the manifestation finding
Your child is suspended repeatedly for the same disability-related behavior without plan adjustments
Informal exclusions (sent home early, kept in office) aren't counted as removals
School says MDR isn't required for their disciplinary action
🚩Discrimination Red Flags
Child excluded from field trips, activities, or programs because of disability
School says accommodating your child is "too much work" or "unfair to others"
Child disciplined more harshly than their peers for similar behavior
Disability-based bullying or harassment occurs, and the school doesn't respond
School retaliates after you assert your child's rights
School threatens to remove services if you complain
When to Act: Escalation Guide
Start Here (Informal Resolution)
For minor issues or first-time problems:
Contact the teacher directly via email
Contact the Section 504 Coordinator
Request a meeting to discuss concerns
Document the issue and response
Use this approach when:
The problem appears to be oversight or miscommunication
The teacher or staff seems willing to correct
The issue is recent and not ongoing
No significant harm has occurred
Escalate to This Level (Formal School Action)
When informal resolution doesn't work:
Request a Section 504 Team meeting in writing
File a complaint through district grievance procedures
Request reevaluation if the current plan isn't working
Send a formal letter documenting concerns and requesting specific actions
Use this approach when:
Informal attempts haven't resolved the issue
The problem is ongoing or systemic
Multiple staff or classes are involved
You need official documentation of the problem
Escalate to This Level (External Agencies)
When school isn't correcting violations:
Request an impartial due process hearing
Consult with or retain an educational advocate or attorney
Use this approach when:
School refuses to provide FAPE
Discrimination is occurring
Rights violations continue despite internal complaints
Significant harm has occurred
School is not acting in good faith
Highest Level (Legal Action)
For serious violations or when other remedies fail:
File a private lawsuit in federal court
Seek compensatory services through a hearing or a settlement
Request attorney's fees if you prevail
Use this approach when:
Administrative remedies have been exhausted without resolution
Violations are egregious or involve bad faith
Significant educational harm requires substantial remedy
You need court authority to order specific relief
Essential Documents to Keep
Maintain organized files with critical documents.
Always Keep Current Copies Of:
Current Section 504 Plan (keep most recent plus historical plans)
All evaluation reports (initial and reevaluations)
Individual Health Plans (if applicable)
Behavioral Intervention Plans (if applicable)
Meeting notes from all Section 504 meetings
Procedural safeguards notice from your district
Important Supporting Documents:
Medical diagnoses and documentation
Outside evaluations (psychological, educational, medical)
Report cards and progress reports
State testing results
Examples of schoolwork showing challenges
All correspondence with the school (emails, letters)
Notes from phone conversations (date, time, who, what discussed)
Incident reports and discipline records
Documentation of when accommodations weren't provided
Create a Quick Reference Sheet With:
Your child's diagnosis/disabilities
Date of most recent evaluation
Date of current 504 Plan
Key accommodations (especially those most critical)
Section 504 Coordinator name and contact
Principal name and contact
Your child's teachers and their contact information
Update this at the beginning of each school year and keep copies accessible at home and in your car.
Important Deadlines to Remember
School Year Cycle
Beginning of school year:
Ensure all teachers receive a copy of the 504 Plan
Confirm Section 504 Coordinator contact information
Introduce yourself and your child's needs to new teachers
Update your contact information with the school
Mid-year check:
Review progress and grades
Check in with your child about accommodations
Communicate with teachers about how the plan is working
Request a team meeting if concerns arise
End of school year:
Review annual progress
Prepare for transition to next grade or school
Request reevaluation if the three-year cycle is approaching
Consider whether the plan needs updates for next year
Reevaluation cycle:
Note when the three-year reevaluation is due
Request earlier reevaluation if needs change
Prepare updated documentation and observations
For High School Students
Freshman year:
Increase student participation in 504 meetings
Begin building self-advocacy skills
Start gathering documentation for college
Sophomore/Junior year:
Request accommodations for the SAT/ACT if needed
Have your child take a more active role in requesting accommodations from teachers
Begin college disability services research
Senior year:
Organize comprehensive documentation for college
Have your child practice self-advocacy skills
Research disability services at prospective colleges
Prepare for transition to postsecondary accommodations model
Quick Reference: Who to Contact for What
For Day-to-Day Issues
Contact the teacher first for:
Questions about assignments or grades
Minor implementation issues
Classroom-specific concerns
General communication about your child
For Section 504 Matters
Contact Section 504 Coordinator for:
Questions about the 504 process
Implementation concerns
Requesting evaluation or reevaluation
Requesting a 504 Team meeting
Filing grievances
General Section 504 questions
For Administrative Support
Contact principal for:
School-wide implementation issues
Staff training needs
Serious or ongoing problems
When the Section 504 Coordinator isn't responsive
For Serious Violations
Contact the Office for Civil Rights (OCR) for:
Discrimination complaints
Failure to provide FAPE
Harassment based on disability
Retaliation
Systemic violations
Texas: OCR Kansas City Office handles Section 504 complaints
National: 1-800-421-3481 or www.ed.gov/ocr
For Legal Matters
Contact an attorney for:
Due process hearings
Serious rights violations
Complex situations
When the district has retained counsel
Need for compensatory services
Find attorneys through:
State bar association special education section
Disability rights organizations
Referrals from other parents
For Support and Information
Contact Parent Training and Information Center (PTI) for:
Free information about rights
Support and guidance
Training opportunities
Referrals to resources
Texas: Find your local PTI through the national center (www.parentcenterhub.org)
For Technical Assistance
Contact the Texas Education Agency (TEA) for:
Note: TEA does not investigate Section 504 complaints (OCR does)
Resources for Parents
Federal Resources
U.S. Department of Education Office for Civil Rights:
Website: www.ed.gov/ocr
Phone: 1-800-421-3481
"Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities"
Essential guide for transition to college
Texas-Specific Resources
Texas Education Agency Section 504 Resources:
Technical assistance materials
Guidance documents
Required forms and templates
OCR Kansas City Office (handles Texas complaints):
Address: One Petticoat Lane, 1010 Walnut Street, 3rd Floor, Suite 320, Kansas City, MO 64106
Phone: (816) 268-0550
Email: OCR.KansasCity@ed.gov
National Organizations
Parent Training and Information Centers (PTIs):
State-specific centers providing free support
Training and resources
Find your local center: www.parentcenterhub.org
Disability Rights Texas:
Legal advocacy for Texans with disabilities
Information and resources
National organizations for specific disabilities:
And many others specific to your child's disability
Legal Resources
Legal aid organizations:
May provide free services based on income
Specializing in education law
Final Encouragement: You Are Your Child's Best Advocate
Throughout this series, you've learned about Section 504's requirements, your child's rights, and how to advocate effectively. Remember these essential truths:
You Know Your Child Best
No teacher, administrator, or specialist knows your child the way you do. Trust your observations and instincts. If something doesn't seem right, pursue it. If your child is struggling, advocate for evaluation and services.
You Don't Need to Be an Expert
You don't need a law degree or an education degree to advocate effectively. You need to:
Understand your child's basic rights (covered in this series)
Document concerns
Communicate clearly
Persist when necessary
Ask for help when you need it
Advocacy Is Not Adversarial
Advocating for your child's rights is not being difficult or adversarial. It's being a responsible parent. Schools should welcome your partnership, and most do. When they don't, you have recourse.
Small Actions Matter
You don't always need formal complaints or due process hearings. Often, effective advocacy is:
A well-written email
A timely request for a meeting
Clear documentation of concerns
Consistent follow-up
Building relationships with key school personnel
You're Not Alone
Thousands of parents advocate for children with disabilities every day. Resources, support, and help are available:
Parent Training and Information Centers
Support groups (online and local)
Attorneys when needed
Disability organizations
Other parents who understand
Your Advocacy Matters Beyond Your Child
When you advocate for your child:
You help schools understand Section 504 better
You improve practices that benefit other students
You teach your child to advocate for themselves
You model standing up for what's right
Section 504 Exists Because Parents Advocated
Section 504 became law because parents and disability rights advocates fought for it. The regulations were implemented because parents protested. The protections you have today exist because parents before you advocated.
Now it's your turn to use these protections to ensure your child receives the free appropriate public education they deserve.
Remember the Goal
The goal isn't perfect compliance with every technical requirement. The goal is to ensure your child:
Receives an education that meets their needs
Has equal access to opportunities
Isn't limited by their disability
Develops skills for future success
Is treated fairly and with dignity
Section 504 is a tool to achieve that goal. Use it wisely, use it effectively, and use it with the confidence that you have the law on your side.
Your Section 504 Journey
You've now completed this comprehensive series on Section 504. You understand:
You have the knowledge. You have the tools. You have the resources.
Now go advocate for your child with confidence.
Your child is fortunate to have you as their advocate. Trust yourself, use your rights, and never stop fighting for your child's right to an equal educational opportunity.
Do You Need Additional Help Advocating for Your Child?
Stay proactive with Accessible Education. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
