When a 504 Plan Isn’t Enough: Enforcing Disability Rights in Public Schools

Congruence Law, P.C. Defends Students Entitled to Accommodations Under Section 504

Not every student with a disability qualifies for an IEP under the IDEA—but that doesn’t mean they’re unprotected. Section 504 of the Rehabilitation Act of 1973 prohibits public schools from discriminating against students with disabilities and requires them to provide reasonable accommodations to ensure equal access to education.

When schools dismiss requests, ignore doctor recommendations, or fail to implement accommodations, families have legal recourse.

At Congruence Law, P.C., we advocate for students whose Section 504 rights have been denied or violated. We help parents push past red tape—and hold schools accountable for discriminatory treatment.

What Is a Section 504 Plan?

A 504 Plan outlines accommodations for students with a physical or mental impairment that substantially limits one or more major life activities (such as learning, reading, concentrating, or behavior regulation). Unlike an IEP, which provides specialized instruction, a 504 Plan ensures that a student has equal access to the general education environment.

Common qualifying conditions include:

• ADHD

• Anxiety or depression

• Asthma or epilepsy

• Diabetes

• Traumatic brain injury

• Physical mobility limitations

• Learning disabilities not requiring specialized instruction

Examples of 504 Accommodations

➤ Extended Time on Assignments and Tests. Allows students with processing or attention difficulties to demonstrate knowledge without being penalized for their disability.

➤ Preferential Seating or Quiet Workspaces. Reduces distractions or sensory overload for students with ADHD, autism, or anxiety.

➤ Behavioral Supports and Breaks. Permits movement breaks, self-regulation tools, or cool-down spaces for students who struggle with executive functioning.

➤ Access to Medical Care or Monitoring. Includes diabetes management support, seizure action plans, or use of inhalers as needed during the school day.

➤ Modified Homework Load or Instructional Delivery. Accommodates fatigue, anxiety, or other impairments that affect sustained academic output.

Warning Signs That a School Is Violating Section 504

• The school refuses to evaluate your child or delays the process

• Accommodations are not implemented consistently

• Teachers are unaware of the 504 Plan or ignore it

• Your child is disciplined for behaviors tied to their disability

• The school uses generic forms or “cookie-cutter” plans instead of individualized accommodations

• You’re told your child “doesn’t qualify” based on academic performance alone

What We Do at Congruence Law, P.C.

We work with families to enforce their Section 504 rights through both informal and formal mechanisms:

• Requesting evaluations or re-evaluations and guiding parents through the eligibility process

• Negotiating effective, individualized 504 Plans with measurable implementation requirements

• Challenging discriminatory discipline based on unaddressed disability-related behaviors

• Filing internal grievances, Office for Civil Rights (OCR) complaints, or lawsuits

• Securing retroactive accommodations, compensatory services, or placement changes

• Demanding compliance monitoring and ongoing accountability from school personnel

We also represent students with invisible disabilities—those who are too often overlooked, misunderstood, or punished for behaviors that are manifestations of their condition.

What Schools Get Wrong—and How We Push Back

“Your child has good grades, so they’re not eligible.”→ Section 504 focuses on access, not academic failure. A student can succeed despite a disability—with extra effort or at a personal cost—and still be entitled to support.

“We don’t do that here.”→ Public schools are legally required to make reasonable accommodations unless they can prove undue burden—a high standard.

“We didn’t know your child needed that.”→ Schools are responsible for training staff and ensuring consistent implementation. Ignorance is not a defense.

Pitfalls to Avoid

• Not requesting accommodations in writing. Always make formal requests and document school responses.

• Failing to follow up when accommodations aren’t followed. Silence implies acceptance—follow through matters.

• Relying solely on verbal assurances. Ensure everything is written into the 504 Plan—and insist on clarity.

• Waiting too long to challenge violations. OCR complaints and lawsuits have strict deadlines.

Why Choose Congruence Law, P.C.

Section 504 protects students from discrimination—but enforcement requires advocacy. We understand both the educational system and the legal landscape. We combine strategy with compassion to help your child receive the support they need to succeed.

If your child’s 504 Plan has been ignored, denied, or poorly implemented, contact us today:

education@congruencelaw.com or at 202-630-8141.