As parents, we all want our children to have equal opportunities to learn and grow. But for families of children with physical or mental impairments, that journey often requires additional steps to ensure fair access to education.
A 504 Plan can be one of the most important tools in securing your child’s future. At Biello & Soowal, PLLC, we understand the stress, confusion, and urgency that can come with navigating Florida’s special education system. As experienced Florida special education lawyers, we help families obtain and enforce 504 Plans that ensure their child is not left behind.
This guide walks you through every aspect of the 504 Plan process—what it is, how to qualify, the steps to get one, and what to do if your child’s school isn’t following through.
What Is a 504 Plan?
A 504 Plan is a legally binding document that outlines the accommodations and modifications a public school must provide to a student with a disability. These plans are authorized under Section 504 of the Rehabilitation Act of 1973, a federal civil rights law that prohibits discrimination against individuals with disabilities in programs that receive federal financial assistance—including all public schools and many private schools in Florida.
Unlike an Individualized Education Program (IEP), which applies to students who need specialized instruction under the Individuals with Disabilities Education Act (IDEA), a 504 Plan is designed for students who can learn in a general education setting but require certain accommodations to do so effectively.
Federal and Florida Legal Foundations
Section 504 of the Rehabilitation Act is codified in 29 U.S.C. § 794. The law defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. Life activities include learning, reading, concentrating, thinking, and communicating—functions critical to success in school.
Florida follows these federal guidelines closely but also provides additional safeguards under state education policies. The Florida Department of Education’s Bureau of Exceptional Education and Student Services (BEESS) requires school districts to maintain clear policies for identifying and serving students eligible under Section 504. Each district must have a designated 504 coordinator and is required to give parents procedural safeguards similar to those offered under IDEA.
Who Qualifies for a 504 Plan?
Not every student with a medical diagnosis qualifies for a 504 Plan. Eligibility depends on how significantly the impairment affects the student’s ability to perform one or more major life activities. Some common examples of conditions that may warrant a 504 Plan include:
- Attention Deficit Hyperactivity Disorder (ADHD)
- Anxiety or depression
- Diabetes
- Epilepsy
- Dyslexia and other learning differences
- Asthma or severe allergies
- Hearing or vision impairments
- Temporary impairments, such as recovery from surgery or injury
Importantly, eligibility must be determined based on how the student functions without medication or mitigating devices. For instance, a student whose ADHD is controlled by medication still qualifies if, untreated, their condition substantially limits learning or concentration.
Steps to Get a 504 Plan in Florida
Step 1: Referral
The process begins with a referral. This can be initiated by a parent, teacher, school counselor, or any staff member who observes that a student may have a qualifying impairment. As the child’s guardian, you can request a 504 evaluation at any time, preferably in writing, to create a documented timeline.
Step 2: Evaluation
The school district must evaluate the student to determine whether they have a qualifying disability. Evaluations may include medical records, academic performance, psychological assessments, teacher observations, and attendance records. Under federal law, schools must seek parent consent before beginning the evaluation.
Evaluations should be thorough and based on a variety of sources. They must assess how the impairment limits the student’s ability to participate in school life. Unlike an IEP, a 504 evaluation does not always require formal testing, but schools are still obligated to evaluate using non-discriminatory methods.
Step 3: Eligibility Determination
A group of knowledgeable professionals, including educators and school psychologists, will review the evaluation and determine whether the student qualifies under Section 504. Parents must be invited to participate in this meeting. If the team concludes that the impairment substantially limits a major life activity, the student is eligible.
Step 4: Plan Development
Once eligibility is established, the school develops a customized 504 Plan. This document outlines the specific accommodations or services that will be provided. These may include extended time on tests, preferential seating, assistive technology, health care access, or modified assignments.
504 Plans must be tailored to each student. They cannot be one-size-fits-all checklists. As education attorneys in Florida, we help parents push for practical, enforceable language in the plan that reflects the real challenges their child faces.
Step 5: Implementation
Once finalized, the school is legally obligated to implement the 504 Plan. Teachers, school nurses, counselors, and other involved personnel must be informed of the accommodations and trained to provide them. The plan must be in place at the start of each school year and should follow the student across grade levels and, if applicable, to different schools within the district.
Step 6: Annual Review and Re-evaluation
504 Plans must be reviewed annually to determine if they are still appropriate. A re-evaluation is required before any significant change in placement. Parents can also request a review or revision at any time if the student’s needs change.
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Examples of Accommodations in a 504 Plan
Accommodations are designed to remove barriers—not give an unfair advantage. Here are examples of reasonable accommodations we commonly see in Florida schools:
- Extra time on tests and standardized assessments
- Quiet room or sensory break options for students with anxiety
- Permission to type rather than write
- Modified homework or reduced workload during flare-ups
- Access to a school nurse for medication or health monitoring
- Use of fidget tools or noise-canceling headphones
- Behavioral supports or counseling services
Each of these adjustments must be justified based on the student’s documented needs.
Parents’ Rights Under Section 504
As a parent, you are not only part of the team—you are a powerful advocate. You have the right to:
- Receive written notice before any major changes in your child’s plan
- Review all education records
- Participate in all meetings concerning eligibility or accommodations
- Request an independent educational evaluation
- File complaints with the school district or the U.S. Department of Education’s Office for Civil Rights (OCR)
The Florida Department of Education also requires every school district to publish contact information for their 504 coordinator and to provide parents with procedural safeguards, including a timeline for complaint resolution.
What to Do When the School Doesn’t Comply
Unfortunately, even when a 504 Plan is in place, implementation may fall through the cracks. Some schools fail to train teachers or do not follow through with accommodations. In these cases, documentation becomes essential.
If your child’s school is not honoring the plan, we recommend the following steps:
- Request a meeting with school administrators and the 504 coordinator.
- Keep detailed records of your concerns, including emails and communications.
- Ask for updated evaluations if the student’s needs have changed.
- File a formal complaint with the school district.
- File a complaint with the OCR or request a due process hearing.
As your education attorney in Florida, we can guide you through each of these steps, represent you in disputes, and ensure your child receives the full benefit of federal protections.
Differences Between a 504 Plan and an IEP
While both documents are designed to support students with disabilities, there are key differences:
Feature |
504 Plan |
IEP |
| Law | Section 504 of the Rehabilitation Act | IDEA (Individuals with Disabilities Education Act) |
| Eligibility | Any disability that limits major life activity | Disability in specific educational categories |
| Services Offered | Accommodations | Specialized instruction and services |
| Process Complexity | Less Formal | More detailed and structured |
| Enforcement | School district and OCR | School district, OCR, and state education agency |
Some students begin with a 504 Plan and later transition to an IEP, or vice versa, depending on how their needs evolve.
Why Work With a Florida Special Education Lawyer?
While schools are legally required to support students under Section 504, not every district complies willingly or effectively. As Florida special education lawyers, we work with families across the state to ensure their children’s rights are honored. We understand how to:
- Prepare for and attend 504 meetings with you
- Review and edit draft plans for clarity and enforceability
- Challenge denied evaluations or eligibility determinations
- Help you gather supporting documentation
- Represent you in OCR complaints and due process hearings
At Biello & Soowal, PLLC, we approach every case with compassion, diligence, and a clear focus on your child’s success. We are not just legal professionals but advocates for your child’s future.
Florida Statistics and the Growing Need for 504 Plans
Florida is home to more than 2.7 million public school students. According to the U.S. Department of Education, approximately 1.5% of these students are currently served under Section 504—far fewer than the estimated number of children who could qualify. This means thousands of Florida students may be going without accommodations that could drastically improve their academic experience.
Barriers to access may include a lack of awareness, delays in evaluation, or school district resistance. That is why working with a knowledgeable legal advocate can make a difference.
Frequently Asked Questions About 504 Plans in Florida
What is the difference between a 504 Plan and an IEP?
A 504 Plan provides accommodations to help a disabled student access general education without altering the curriculum. An IEP (Individualized Education Program) is more intensive and includes specialized instruction tailored to students who qualify under specific categories outlined in the IDEA. An IEP has more procedural requirements and is typically used for students whose disabilities significantly affect academic performance.
Does my child need a medical diagnosis to qualify for a 504 Plan?
Not necessarily. A medical diagnosis can help support your case, but it is not a requirement under Section 504. The school must consider a range of data sources, such as academic records, teacher observations, and behavioral assessments, when evaluating eligibility. However, documentation of a medical or psychological condition can strengthen the request for accommodations.
How long does it take to get a 504 Plan?
There is no specific federal timeline, but many Florida districts aim to complete the process within 60 to 90 days after the referral. The timeline can vary depending on the availability of evaluators, school holidays, and parent participation. If there are delays, we can ensure your request receives timely attention.
What if the school says my child doesn’t qualify?
You have the right to request a written explanation of the school’s decision and to appeal. You may also seek an independent educational evaluation (IEE) or request a due process hearing at your own expense. We recommend contacting a Florida special education lawyer to help you challenge an unfair denial.
Can my child get a 504 Plan for anxiety or ADHD?
Yes. Both anxiety and ADHD are common qualifying conditions for 504 Plans if they substantially limit the student’s ability to learn, concentrate, or function in school. Accommodations might include breaks during testing, behavioral supports, or modified assignments.
Can a 504 Plan follow my child to a new school?
Yes. While the receiving school may review and revise the plan, they must honor it during the transition and provide comparable services. This includes moving to another district or state. We recommend requesting a review meeting as soon as your child enrolls in the new school.
What should I do if the school is not following the plan?
Document your concerns in writing and request a meeting with the school’s 504 coordinator. If the issue persists, you can file a complaint with the district or the U.S. Department of Education’s Office for Civil Rights. We can assist you at each stage of the process.
Empowering Families and Protecting Students
Every child deserves an equal shot at success, and a disability should never be a barrier to a quality education. A 504 Plan is more than paperwork—it is a roadmap to inclusion, equity, and opportunity. At Biello & Soowal, PLLC, we help Florida families navigate this journey with confidence and clarity. If you believe your child may qualify for a 504 Plan, or if you are struggling with implementation, we are here to help.
Do not wait until your child falls further behind. Contact us today to speak with a dedicated education attorney in Florida who can advocate for your family and ensure your child receives the support they deserve.
