My child has a 504 Plan, but they’re still struggling.
Are you saying to yourself,
“It’s the beginning of the school year, and Joey is already struggling. The teacher isn’t following the 504 Plan. What should I do?”
A 504 Plan can provide important support for a student with a disability. However, there are times when accommodations alone are not enough.
Your child may need specialized instruction, related services, measurable goals, or more intensive support. When that happens, it may be time to consider requesting a special education evaluation to determine whether your child may qualify for an IEP.
IEP vs. 504:
Both a 504 Plan and an IEP are designed to support students with disabilities, but they serve different purposes.
A 504 Plan
A 504 Plan comes from Section 504 of the Rehabilitation Act, a federal civil rights law. It is designed to provide students with disabilities equal access to education by addressing disability-related barriers.
Accommodations might include:
Extended time on assignments or tests
Preferential seating
Breaks
Reduced-distraction testing
Access to technology
Copies of notes
Organizational support
Changes to classroom procedures
A 504 Plan generally focuses on providing access through accommodations.
What Is an IEP?
An Individualized Education Program (IEP) is provided under the Individuals with Disabilities Education Act (IDEA) for students who meet the eligibility requirements for special education.
An IEP is more comprehensive and may include:
Present levels of academic and functional performance
Measurable annual goals
Specialized academic instruction
Related services
Accommodations
Modifications, when appropriate
Assistive technology
Behavioral supports
Specific service minutes
Progress monitoring
Parent participation and procedural safeguards
An IEP is designed to provide a student with a free appropriate public education (FAPE) through specially designed instruction and related services based on the student's individual needs.
Don't Wait for Your Child to Fail
Parents sometimes feel they need to wait until their child is failing before requesting an IEP evaluation. Be proactive not reactive!
Look at the Data
Ask yourself:
Is my child making meaningful progress?
Are the accommodations actually helping?
Is my child significantly behind their peers?
Are teachers expressing ongoing concerns?
Does my child require more support than accommodations can provide?
Is my child struggling even when accommodations are being implemented?
Does my child need direct or specialized instruction?
These are important questions to bring to the school team.
How Do I Ask for a Special Education Evaluation?
Put your request in writing.
You do not have to know what disability category your child may qualify under, and you do not have to determine which assessments the school should conduct.
Explain your concerns and request that the school evaluate your child to determine whether they may need special education and related services.
You can say:
“I am requesting a comprehensive special education evaluation for my child. Although my child currently has a 504 Plan, we continue to have concerns regarding their academic and/or functional performance, and we do not believe the current accommodations are sufficient to meet their educational needs. We are requesting an evaluation to determine whether our child may have a disability that requires special education and related services.”
Keep a copy of your request and any response from the school.
What If the School Says, “The 504 Is Enough”?
Don't be afraid to ask questions.
If the school tells you that your child's 504 Plan is sufficient, ask:
“What data supports that conclusion?”
You can also ask:
“How is the school determining whether the accommodations are allowing my child to make appropriate progress?”
If the school refuses your request for an evaluation, ask for Prior Written Notice (PWN) explaining the school's decision. Prior Written Notice is important because it documents the district's decision and the reasons for that decision. Do not be afraid to ask for this documentation.
What If the Teacher Isn't Following the 504?
This is a separate—but very important—issue.
If your child's 504 accommodations are not being implemented, start documenting what is happening.
Keep track of:
Which accommodations are not being provided
When the issue occurred
What impact it had on your child
Communications with the teacher or school
Changes in your child's academic or functional performance
A 504 Plan is intended to provide meaningful access to education. If the plan isn't being implemented, parents should communicate their concerns with the appropriate school personnel and ask how the school will ensure the accommodations are consistently provided.
At the same time, if your child is struggling even when appropriate accommodations are provided, that may be a reason to look more closely at whether your child needs something beyond a 504 Plan.
Ask questions. Request data. Put your concerns in writing. Know your rights.
You know your child better than anyone.
At Advocates for the Whole Child, we are here to empower parents and help families navigate the special education process.
If your child's 504 Plan isn't enough, let's talk about what the next step may be.
Advocates for the Whole Child
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