Rehabilitation Act of 1973
ADHD and Section 504
Section 504 is the most common pathway for students with ADHD to receive school accommodations. Here is how it works, who qualifies, and what to expect from the process.
What is Section 504?
Schools covered under Section 504
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination based on disability in any program or activity receiving federal financial assistance -- which includes all public schools and most private schools and colleges in the US.
Unlike IDEA, Section 504 has a broader definition of disability and covers students who may not need special education but still require accommodations to access their education equally.
How ADHD qualifies under Section 504
ADHD typically meets Section 504's definition of disability because it is:
- A mental impairment recognized by the medical community
- That substantially limits the major life activity of learning, concentrating, or thinking
Importantly, Section 504 considers the student without mitigation measures -- so even if medication helps, the student may still qualify.
The 504 Plan process
Step-by-step evaluation timeline
- Referral: A parent, teacher, or other school staff member requests a 504 evaluation
- Evaluation: The school gathers information from multiple sources (medical records, teacher reports, parent input, grades, observations)
- Eligibility determination: A team determines whether the student has a qualifying disability that substantially limits a major life activity
- Plan development: If eligible, the team develops a written 504 Plan specifying accommodations and services
- Implementation and review: The plan is shared with all relevant teachers and reviewed annually
Section 504 vs. IDEA at a glance
Key differences families should know
| Feature | Section 504 | IDEA |
|---|---|---|
| Who qualifies | Broader definition -- any disability that limits a major life activity | Must need special education due to one of 13 specific disability categories |
| Document created | 504 Plan | Individualized Education Program (IEP) |
| What it provides | Accommodations and services for equal access | Specialized instruction, goals, services, accommodations |
| Funding | No federal funding attached | Some federal funding to states |
Parent rights under Section 504
Filing a complaint with the OCR
- Right to receive notice before the school evaluates or changes your child's placement
- Right to examine relevant records
- Right to an impartial hearing if you disagree with school decisions
- Right to file a complaint with the Office for Civil Rights (OCR)
Disclaimer: General information, not legal advice. Section 504 procedures vary by school district.