Form 504 StateUse 2025

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Some schools will deny an evaluation if they believe that there is no evidence that the child has a disability. If the school decides not to go forward with an evaluation, it must notify the parent/guardian in writing, and generally these notifications will contain a rationale for why the evaluation is being denied.
Has your child been denied an IEP or 504? It is so common for schools to say that a child is not eligible for special education because the child has good grades or is too smart.
Section 504 is the part of the Rehabilitation Act that prohibits discrimination against, and requires positive actions to assist, qualified individuals with disabilities in all programs, services and activities that receive Federal financial assistance or are conducted by Federal agencies. See 29 CFR 32.4.
The general difference between the IEP and Section 504 is that the objective to Section 504 is to remove barriers that could stop a student from success, whereas, the IEP is to set up special accommodations for students in need. The eligibility requirements for an IEP are much more stringent than those of Section 504.
The states filing the lawsuit--Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia--say their claim is just about federal overreach.
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If your child has ADHD and another disability, such as a speech impairment or dyslexia, its more likely hell be covered under IDEA. If your child has been denied an IEP, but his ADHD still limits his ability to learn in an educa- tional setting, he may qualify for accommodations or services under Section 504.
Section 504 has a broader definition of disability than IDEA, and is why a student who does not qualify for an IEP may receive a 504 plan. Recognizing that the provision of special education and related services as outlined in the IEP can be costly, the federal government provides funding for state grants for IDEA.
Thus, students with physical impairments, such as diabetes, asthma, allergies, or epilepsy, may be Section 504 eligible if their impairment substantially limits one or more major life activities or major bodily functions, even if the impairment does not limit learning.

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