Section 504: Special Situations and Common Questions
- Accessible Education
- Nov 11, 2025
- 13 min read
While the core principles of Section 504 apply consistently, parents often encounter special situations that raise unique questions. Part 10 of the Understanding Section 504 series addresses common scenarios that don't fit neatly into other categories, helping you understand how Section 504 works in less typical circumstances.
Can a Child Have a Disability But Not Qualify for a 504 Plan?
Yes. This is one of the most important distinctions for parents to understand. Having a disability under Section 504 does not automatically mean your child will receive a 504 Plan or services.
The Two-Part Test for Services
To receive a Section 504 Plan and FAPE, your child must meet both criteria:
1. Have a disability: A physical or mental impairment that substantially limits one or more major life activities (or have a record of, or be regarded as having, such an impairment)
AND
2. Need services: Need regular or special education and/or related aids and services because of that disability
If your child meets the definition of having a disability but doesn't need services or accommodations from the school, they won't receive a 504 Plan.
Situations Where a Child Has a Disability But Doesn't Get a Plan
Scenario 1: Medical Diagnosis Without Educational Impact
A student has been diagnosed with mild asthma. With prescribed medication used at home, the asthma doesn't limit any major life activities at school. The student participates fully in PE, doesn't need medication at school, doesn't miss school due to asthma, and experiences no limitations.
Result: While the student has a medical condition, it may not rise to the level of substantially limiting a major life activity in the school context, and if it doesn't require any services, a 504 Plan isn't needed.
Scenario 2: Impairment is Transitory and Minor
A student breaks their arm and will be in a cast for six weeks. This is a temporary impairment expected to resolve in less than six months.
Result: This transitory and minor impairment typically doesn't require a formal 504 Plan. However, the school may create a temporary campus support plan to provide assistance during recovery (such as a scribe or extended time for written work).
Important Protections That Still Apply
Even if a student has a disability but doesn't receive a 504 Plan because they don't need services, they are still protected from:
Disability-based harassment and bullying
Discrimination based on disability
Retaliation for asserting rights
Different treatment because of the disability
These general non-discrimination protections apply to all individuals with disabilities, regardless of whether they receive FAPE.
"Record Of" or "Regarded As" Disabled
Students who meet the definition of disability solely because they have a "record of" a disability or are "regarded as" having a disability are protected from discrimination under Section 504.
However: These students are generally not entitled to FAPE (and thus typically not a 504 Plan) in public elementary and secondary schools.
Example: A student previously had cancer (record of disability) but is now in full remission and experiences no limitations. They don't need any services. They have a "record of" disability and are protected from discrimination, but don't receive a 504 Plan.
Can a Child Without Documented Disability Still Qualify for a 504 Plan?
Yes, but they must have a disability. The key is understanding what "documented" means in the Section 504 context.
Documentation Comes from the School's Evaluation
A student cannot qualify for a 504 Plan without having a disability, but a formal outside medical diagnosis is not strictly necessary to establish that disability.
The disability is formally documented through the school district's evaluation process, not solely through outside medical records.
When Students May Qualify Without Prior Outside Documentation
Scenario 1: Observable Disabilities Without Formal Diagnosis
A student exhibits behaviors consistent with ADHD, extreme restlessness inappropriate for their age, inability to focus, frequent interruptions, difficulty completing tasks, but has never been formally diagnosed by a physician.
Result: The school's Child Find obligation is triggered by the observable behaviors. The school must evaluate using a variety of sources (teacher observations, classroom performance data, parent input, possibly rating scales). The Section 504 Team can determine that the student has an impairment substantially limiting concentration or learning based on this comprehensive evaluation, even without an outside diagnosis.
Scenario 2: Episodic or Remitting Conditions
A student has epilepsy that is well-controlled with medication. The parents didn't think to mention it to the school because seizures are rare. During a field trip, the student has a breakthrough seizure.
Result: The school now knows about the condition. Even if the student doesn't have current medical documentation at school, the impairment (which would substantially limit neurological function when active) is a disability. The school should evaluate to determine what services or health planning is needed, and can establish eligibility based on the known condition and the evaluation data.
The Role of Outside Documentation
While outside medical documentation is not required, it is valuable.
Outside evaluations and diagnoses:
Are considered important evidence
Must be reviewed as one of the variety of sources
Provide professional medical perspective
May identify impairments the school didn't recognize
Help establish the nature and extent of the disability
However, a medical diagnosis alone is insufficient. The Section 504 Team must still determine:
Does the impairment substantially limit a major life activity?
Does the student need services because of the disability?
If medical assessment is necessary: If the Section 504 committee determines a medical assessment is necessary to conduct the evaluation and establish the disability, the school district must ensure the student receives this assessment at no cost to parents.
Bottom Line on Documentation
Your child must have a disability to qualify for a 504 Plan, but the school's comprehensive evaluation process, not just outside medical documentation, is what formally establishes that disability for Section 504 purposes.
Emergency, Temporary, or Short-Term 504 Plans
Parents often ask about "emergency 504 plans" or temporary accommodations. While federal regulations don't specifically define an "emergency 504 plan," there are mechanisms for temporary services.
Temporary Impairments and Campus Support Plans
Transitory and Minor Impairments: An impairment that is transitory and minor (expected duration of six months or less) is generally not considered a disability requiring a formal 504 Plan.
However: Schools may create temporary campus support plans to accommodate students during recovery from injuries or short-term medical situations.
Examples:
Broken arm requiring temporary use of a scribe
Recovery from surgery requiring elevator access for three weeks
Short-term medication side effects requiring bathroom access
These informal plans:
Provide needed support during temporary situations
Don't require the full 504 evaluation and eligibility process
Are not legally binding 504 Plans
Should transition to formal 504 Plans if the impairment lasts longer than expected or proves more severe
Severity Can Make Temporary Impairments Qualify
A temporary impairment may be a covered disability if its severity results in a substantial limitation of a major life activity for an extended period.
Example: A student is in a serious car accident and will be confined to home for eight weeks, then require use of a wheelchair for several months during recovery. The severity and duration mean this temporary impairment substantially limits major life activities (walking, attending school). The student should receive a 504 evaluation and potentially a plan addressing homebound services and transition back to school.
Texas guidance: If a licensed physician recommends a student be confined at home or hospital bedside for a minimum of four weeks for medical or psychological reasons, the Section 504 coordinator should immediately schedule an evaluation or reevaluation meeting.
Emergency Health Situations and Individual Health Plans
For students with chronic conditions that may require emergency intervention, "emergency" procedures are incorporated into the 504 Plan through an Individual Health Plan (IHP).
Examples:
Diabetes emergency procedures for severe high or low blood sugar
Seizure emergency action plan
Anaphylaxis emergency response procedures
Asthma attack protocols
These aren't separate "emergency plans, "they're components of the comprehensive 504 Plan that address urgent medical needs.
Immediate Accommodations for Transferring Students
When a student with a 504 Plan transfers to a new school district mid-year, the receiving district may implement the current plan temporarily while conducting its own evaluation.
This provides:
Immediate accommodations without delay
Continuity of services during transition
Time for the new district to complete its own evaluation
Protection of the student's rights during the transfer
This is essentially an interim implementation of the existing plan until the new district formalizes its own FAPE determination.
What Happens When Your Child Transfers Schools?
Transferring Within the Same District
When your child moves to a different school within the same school district, the 504 Plan generally transfers with them.
The receiving school should:
Receive the 504 Plan from the previous school
Implement the plan immediately
Ensure all staff are informed of accommodations
Schedule a 504 Team meeting if adjustments are needed for the new setting
Consider requesting a 504 Team meeting if:
The new school has different schedules or structures
Different grade level has different demands
Accommodations need adjustment for new setting
You want to ensure smooth transition
Transferring to a Different School District
When your child transfers to a new school district, the process is more complex. The new district should:
1. Obtain records from previous district, including:
The existing 504 Plan
Evaluation reports
History of services
Documentation of disability
2. Conduct its own evaluation: The new district must conduct its own evaluation and make its own determination about eligibility and needed services. The new district is not bound by the previous district's plan.
3. Interim implementation (best practice): During the evaluation period, the new district may implement the existing 504 Plan to ensure continuity of services and protection.
4. Develop new plan: After evaluation, the new district's Section 504 Team develops a plan based on its own assessment of the student's needs in the new setting.
Parent action items:
Immediately notify the new school of the existing 504 Plan
Request the new district implement accommodations while evaluating
Provide all documentation from the previous district
Request an evaluation meeting as soon as possible
Participate actively in the new district's evaluation
Moving Out of State
The same process applies when moving to a different state. Section 504 is federal law, so protections apply nationwide, but each district conducts its own evaluation and creates its own plan.
Truancy, Attendance, and Section 504
(Texas-Specific)
Texas has specific requirements regarding the intersection of attendance issues and disability services.
School Obligations When Attendance is a Concern
Texas truancy prevention measures require schools to establish procedures to notify the Section 504 committee of attendance issues relating to a student with a disability.
When a student with a 504 Plan has attendance problems, the Section 504 committee must consider:
Whether the student's attendance issues warrant an evaluation
Whether a reevaluation is needed
Whether modifications to the Section 504 Plan are needed
Chronic Illness and Attendance
Students with chronic illnesses may miss significant instruction due to:
Severity of the disability
Frequent required medical visits
Hospital stays
Medical treatments
The 504 Plan should address:
Excused absences for medical reasons
Procedures for making up work
Extended time for assignments after absences
Communication between home and school during absences
Possible homebound services during extended absences
Transition plans for returning to school
Protection from Truancy Court
Texas law prohibits referring a student to truancy court if the truancy is the result of a severe or life-threatening illness or related treatment.
If your child's absences are disability-related:
Document medical reasons for absences
Ensure the 504 committee reviews attendance concerns
Request modifications to the plan if needed to address medical absences
Advocate against truancy referrals for disability-related absences
When Absences Indicate Need for Services
Frequent absences may trigger the school's Child Find obligation if they suggest a disability:
Example: A student misses school frequently due to severe migraines. The pattern of absences (particularly if occurring during specific times like tests, or in specific conditions like bright classrooms) suggests a possible impairment requiring evaluation for accommodations.
Homebound Services Under Section 504
Homebound services provide educational instruction to students who cannot attend school due to medical or psychological conditions.
Eligibility for Homebound Services
Texas criteria (from Student Attendance Accounting Handbook):
Student will be confined at home or hospital bedside
For a minimum of 4 weeks (weeks do not need to be consecutive)
For medical or psychological reasons only
Documented by a physician licensed to practice in the United States
The Process for Section 504 Students
1. Physician Documentation: Licensed physician provides written recommendation for confinement.
2. Immediate Scheduling: The Section 504 Coordinator should immediately schedule:
An initial evaluation meeting (if student is not yet served under 504)
A reevaluation meeting (if student already has a 504 Plan) to consider change in placement
3. Section 504 Committee as Homebound Committee: For students served under Section 504, the Section 504 Committee acts as the General Education Homebound (GEH) Committee.
4. Evaluation and Decision: The committee evaluates a variety of data, including physician documentation, to make decisions regarding homebound placement. Physician documentation is important but not the sole determining factor.
5. Homebound Plan Development: All homebound educational plans must be created on a case-by-case basis, considering:
State and district assessments
Transition plan for leaving campus
Plan for returning to school (academic, behavioral, and social-emotional needs)
Important Considerations
Eligibility determination: The homebound committee must still determine if the student is eligible for Section 504 services. Some students in homebound may not be eligible if the disability is truly transitory and doesn't substantially limit a major life activity.
Best practice: The Texas Education Agency recommends erring on the side of caution and referring every student in homebound to Section 504 or IDEA to ensure their rights are protected and they receive FAPE.
Frequent meetings: The Section 504 Committee may need to meet frequently to adjust transition plans according to individual student needs and current medical information.
Combination services: Students with chronic illnesses may receive a combination of homebound and classroom instruction, requiring careful planning and coordination.
Do Private Schools and Charter Schools Follow Section 504 Rules in Texas?
The answer depends on whether the school receives federal financial assistance and what type of school it is.
Public Charter Schools
Yes, public charter schools must follow all Section 504 requirements.
Why:
Charter schools receive federal financial assistance
They are considered Local Education Agencies (LEAs) in Texas
They have the same obligations as traditional public schools
Requirements:
Must provide FAPE to qualified students with disabilities
Must conduct evaluations
Must create and implement 504 Plans
Must comply with all Section 504 and Title II of the ADA requirements
Must have a Section 504 Coordinator (if 15+ employees)
Must establish procedural safeguards
Private Schools Receiving Federal Funds
Yes, private schools that receive federal financial assistance from the U.S. Department of Education are subject to Section 504.
Requirements:
Subject to Section 504's general non-discrimination requirements
If they receive federal funding, must provide appropriate services
Protected from discrimination based on disability
Private Schools Not Receiving Federal Funds
Generally no, private schools that do not receive federal financial assistance from the Department of Education are not subject to Section 504.
However:
They may be subject to other laws (state laws, ADA if they're a place of public accommodation)
They may voluntarily choose to provide accommodations
Special Situation: Public School Placement in Private School
If a public school district determines that FAPE requires placing a student with a disability in a private school, the public school district is required to pay for the private school, and that private school must then provide an appropriate education.
In this situation, the private school is obligated to implement the services because the public district is paying and is responsible for ensuring FAPE.
Parental Choice of Private School
If a school district makes FAPE available but the student's parents choose to place the child in a private school, the school district is not required to pay for the student's education in that private school.
The private school has no Section 504 obligations (unless it independently receives federal funds), and the public district's obligation is limited.
Summary for Texas Parents
Your child's Section 504 rights are fully protected in:
Traditional public schools
Public charter schools
Private schools receiving federal funds from the Department of Education
Private schools where a public district has placed and is paying for your child
Your child's Section 504 rights may not be protected in:
Private schools not receiving federal funds, when parents have chosen and are paying for the placement
Can You Have Both an IEP and a 504 Plan?
Generally no. This was covered in detail in Part 3, but it's worth reiterating here as it's a common question.
The General Rule
If a student is eligible under IDEA (qualifies for special education), they must have an IEP. Implementing an IEP developed in accordance with IDEA is considered one way to meet Section 504 requirements for FAPE.
Therefore:
A separate 504 Plan is generally not required for a student with an IEP
The IEP should address all the student's disability-related needs, including those that might typically be addressed through 504
Addressing All Needs in the IEP
If a student served through special education has a disability or related need not explicitly covered under their IDEA classification, the school should document those additional Section 504 needs and address them within the IEP itself.
Example: A student classified under IDEA with a Specific Learning Disability (receiving specialized reading instruction) also has Type 1 diabetes. The diabetes management needs (health plan, accommodations for blood sugar monitoring, snacks, modified PE) should be incorporated into the IEP, not maintained in a separate 504 Plan.
Why This Matters
The Section 504 Committee and IEP/ARD (Admission, Review, and Dismissal) Committee should ensure that IEPs and 504 Plans do not compete with one another. Having two separate plans can cause:
Confusion about which plan governs
Gaps in services
Duplication or contradiction of requirements
Implementation challenges for staff
Failure to address the student's Section 504 needs within the IEP may cause the school to fail to meet FAPE for the student.
The Narrow Exception
There may be very limited circumstances when a student temporarily has both plans, such as:
A student with an IEP who is temporarily placed in General Education Homebound services (the Section 504 Committee may act as the GEH Committee for the temporary placement)
During transition periods when services are being transferred from one plan to another
These situations are unusual and temporary.
All IDEA Students Have Section 504 Protection
Remember: All students eligible for services under IDEA are automatically protected by Section 504's anti-discrimination provisions. A student with an IEP has both IDEA rights and Section 504 civil rights protections, even without a separate 504 Plan.
Pregnancy and Section 504
Pregnancy itself does not automatically constitute a Section 504 disability, but schools must consider whether pregnancy has caused a temporary disability requiring academic adjustments.
When Pregnancy May Trigger Section 504 Protections
If pregnancy causes a temporary condition that substantially limits a major life activity:
Severe complications requiring bed rest
Medical conditions arising from pregnancy (gestational diabetes, pre-eclampsia)
Postpartum complications
Physical limitations during late pregnancy
The school must:
Evaluate whether accommodations are needed
Provide needed accommodations (such as extended time, excused absences, elevator access)
Not discriminate based on pregnancy
Title IX Also Applies
Pregnant students are also protected under Title IX, which prohibits sex discrimination in education. Schools must:
Allow participation in all programs and activities
Provide the same access to education as other temporarily disabled students
Not require medical documentation that wouldn't be required for other conditions
Excuse absences for pregnancy-related conditions
Allow students to make up missed work
The Bottom Line
Special situations require understanding how Section 504 principles apply in unique contexts:
Disability without services:
Having a disability doesn't automatically mean receiving a 504 Plan
Must need services because of the disability
Still protected from discrimination even without a plan
Documentation:
School's evaluation establishes disability
Outside documentation is valuable but not solely sufficient
Medical assessment must be provided free if necessary
Temporary situations:
Transitory/minor impairments (under 6 months) generally don't require formal 504 Plans
Schools may create temporary support plans
Severe temporary impairments may qualify for 504
Emergency procedures for chronic conditions are incorporated into 504 Plans
Transfers:
Plans transfer within district
New districts must conduct own evaluation
Interim implementation protects student during transition
Texas-specific:
Section 504 Committee must review attendance concerns
Homebound services for confinement of 4+ weeks
Protection from truancy court for disability-related absences
Charter schools must follow 504; most private schools aren't covered
Multiple plans:
Generally no IEP and 504 Plan simultaneously
IEP should address all needs
All IDEA students automatically have 504 protections
Understanding these special situations helps you navigate the less common scenarios you may encounter and ensures your child's rights are protected in all circumstances.
Next in this series: Transition and Beyond - From K-12 to College
Is Your Child's Section 504 Plan Complicated by a Unique Situation?
We can help you clarify your child’s eligibility, transfer rights, or temporary accommodations. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
