Frequently Asked Questions About Section 504 in Tennessee 

Below are answers to common questions from parents and caregivers about Section 504 Plans in Tennessee public schools. These FAQs are designed to help you understand your child’s rights and the steps involved in securing necessary accommodations. 

What is a Section 504 Plan? 

A Section 504 Plan is a written document that states the nature of the concern surrounding the student’s disability and specifies the accommodations and related support services that a disabled student will receive. 

What law governs Section 504 Plans? 

504 Plans are governed by Section 504 of the Rehabilitation Act of 1973, a federal civil rights law that prohibits discrimination against individuals with disabilities in programs receiving federal funding. 

Who qualifies for a 504 Plan in Tennessee? 

Any student considered to be “disabled” under Section 504 of the Rehabilitation Act of 1973 can potentially qualify for a 504 Plan. 

What is “FAPE?” 

The acronym “FAPE” stands for “free appropriate public education.” A disabled student’s right to FAPE means that parents of a disabled student will not be charged for costs related to disabilities, and that schools must provide appropriate and regular or special education and related aids and services designed to meet a disabled student’s needs as adequately as the needs of non-disabled students are met. 

Is a 504 Plan the same as an IEP? 

No, 504 Plans are not the same as IEPs. 504 Plans stem from Section 504 of the Rehabilitation Act of 1973, a federal civil rights law, whereas IEPs stem from the Individuals with Disabilities Education Act (“IDEA”), a federal funding law. Although both provide services and/or accommodations to ensure access to FAPE, 504 Plans seek to meet a disabled student’s needs as adequately as the needs of non-disabled students are met, thus attempting to put disabled students on an even playing field with general education students. IEPs, on the other hand, aim to provide services that are specially designed based on a child’s unique needs to ensure the appropriate progress is made based on the student’s individual circumstances. 

What are the steps to having a 504 Plan implemented? 

The process to having a 504 Plan implemented may differ slightly depending on the individual school and/or school district, but, in general, the process includes six (6) steps: Student Referral, Decision to Evaluate, Evaluation, Eligibility Determination/Development of the 504 Plan, Review of the 504 Plan, and Periodic Reevaluation of the 504 Plan. 

How do I request a 504 Plan for my child? 

The 504 Process is initiated by a student referral. If you are concerned that your child is in need of a 504 Plan, start by submitting a referral to the school’s Section 504 coordinator. Information on how to submit a referral in a specific school district is usually available on the district’s website or in their handbook.  

Who decides if my child qualifies for a 504 Plan? 

A school-based evaluation team determines whether a student has a “disability” for purposes of Section 504 and therefore qualifies for a 504 Plan. 

Who is on the evaluation team? 

There is not a set group of individuals who must make up the evaluation team, rather the Section 504 evaluation team consists of the Section 504 coordinator, the principal of the school, and professionals knowledgeable about the student, as needed.  

Can the school evaluate my child without my consent? 

No, a school cannot evaluate a student without the parent’s consent. A school must receive written consent from a parent or guardian prior to conducting an evaluation. 

When is a student considered “disabled” for purposes of Section 504? 

A student is considered “disabled” for purposes of Section 504 if they (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such impairment; (3) are regarded as having such impairment. 

Does a student need a medical diagnosis to get a 504 Plan? 

No, and a medical diagnosis does not automatically deem a student “disabled” for purposes of Section 504. A medical diagnosis will certainly be considered as part of the evaluation process, but whether a student is deemed to have a certain disability is an “educational decision” made by the evaluation team.  

Can a student with ADHD qualify for a 504 Plan? 

Yes, a student with ADHD can potentially qualify for a 504 Plan if the evaluation team determines that the student is “disabled” for purposes of Section 504. A student with ADHD, however, may require specially designed services, in which case an IEP would be more appropriate.  

What if the school determines my child does not qualify for a 504 Plan? 

If the school determines that a student does not qualify for a 504 Plan, then a parent may initiate due process. Section 504 of the Rehabilitation Act of 1973 requires that schools establish due process procedures to allow parents to challenge any adverse decisions made by the school during the 504 Process. 

Does the school have to adhere to my child’s 504 Plan after it is implemented? 

Yes, a school is required to adhere to and follow a student’s 504 Plan after it is implemented. Failure to do so can result in legal liability for the school. 

How often is a 504 Plan reviewed? 

A 504 Plan is reviewed annually but can be reviewed at any time upon request by the parent. 

Can a parent participate in the 504 planning process? 

Yes. Parents must be invited to participate and provide input on accommodations that will best support their child’s success, but they do not have to participate if they choose not to do so. 

Can 504 Plans cover extracurricular activities and field trips? 

Yes. Accommodations must apply to all school-sponsored activities, including athletics, clubs, and field trips. 

Can a 504 Plan be changed? 

Yes, a 504 Plan can be changed and updated as a student’s needs change. 

Can I sue a school for not following a 504 Plan? 

Yes, you can sue a school district for a school’s failure to follow a student’s 504 Plan. However, if the claims under Section 504 overlap with claims under the IDEA, litigation can only be initiated after engaging in due process and exhaustion of administrative remedies. 

📞 Still have questions? Contact Cole Law Group at (615) 490-6020 or send us a message to arrange for a consultation with an education law attorney in Tennessee.