To get a 504 plan in Michigan, send a written request for a Section 504 evaluation to your child’s school, attach documentation showing a physical or mental impairment that substantially limits a major life activity like learning or concentrating, and participate in the team meeting that decides eligibility and writes the accommodations. Every Michigan public school that receives federal funding has to follow this process under Section 504 of the Rehabilitation Act of 1973.1Office of the Law Revision Counsel. 29 U.S. Code 794 – Nondiscrimination Under Federal Grants and Programs
Does Your Child Qualify
Federal regulations define a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having one. Major life activities include learning, reading, concentrating, thinking, communicating, seeing, hearing, breathing, eating, sleeping, walking, and working.2eCFR. 45 CFR Part 84 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance Your child doesn’t have to be completely unable to do the activity. The question is whether their ability is significantly restricted compared to most people.
Conditions that commonly lead to 504 plans include ADHD, diabetes, severe allergies, asthma, anxiety disorders, dyslexia, epilepsy, and chronic pain conditions. The list isn’t closed. Any condition that substantially limits a major life activity can qualify.
One rule catches many parents off guard. The school has to evaluate your child’s impairment without considering the helpful effects of medication, prosthetics, hearing aids, or other treatments. If your child takes ADHD medication that brings their focus to a typical level, the school cannot point to that improvement as a reason to deny eligibility. The determination looks at how the impairment would limit your child without those measures.3U.S. Department of Education. Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools The only exception is ordinary eyeglasses or contact lenses.
504 Plan or IEP
Before you file the request, make sure you’re asking for the right thing. A 504 plan removes barriers so your child can access the standard curriculum. An Individualized Education Program (IEP), created under the Individuals with Disabilities Education Act, provides specially designed instruction that changes what your child is taught. If your child needs the content delivered differently, an IEP is the stronger tool and automatically satisfies Section 504 as well. A student with well-managed diabetes who just needs permission to check blood sugar and eat snacks during class would likely qualify for a 504 plan but not an IEP.
What to Gather Before You Ask
Pull together everything that shows how your child’s condition affects their ability to learn. Start with medical records: a formal diagnosis from your child’s doctor, psychologist, or specialist that identifies the condition and describes its impact. If your child has had a private evaluation from a neuropsychologist or similar professional, include that report. Clinical data gives the evaluation team something concrete to work with.
School-based evidence matters just as much. Collect recent report cards, standardized test results, and any written observations from teachers about your child’s struggles in the classroom. Notes from parent-teacher conferences, discipline records, and attendance data all help paint the picture. The evaluation team is required to draw on information from a variety of sources, so the more relevant evidence you bring, the harder the request is to dismiss.4eCFR. 34 CFR 104.35 – Evaluation and Placement
Most Michigan districts have a Section 504 referral form at the main office or on the district website. If you can’t find one, a signed letter to the school’s 504 coordinator or building principal requesting an evaluation works. What matters is that the request is in writing and clearly asks for a Section 504 evaluation.
How to Submit the Request
Send your written request and supporting documentation to the district’s designated 504 coordinator or the building principal. If you aren’t sure who the coordinator is, the main office can tell you, and it’s smart to request a copy of the district’s Section 504 policies and procedures at the same time. Send the packet in a way that creates a paper trail: certified mail with return receipt, email with a delivery or read receipt, or hand-delivery with a signed acknowledgment. The date the school receives your request is the starting point for everything that follows, so you want it documented.
This is where Michigan’s process has a wrinkle worth knowing. Federal law doesn’t set a specific number of days for completing a Section 504 evaluation. The standard is a “reasonable” timeframe. Individual Michigan districts may set their own internal timelines, which is why having their policies in hand matters. Some parents request a special education (IDEA) evaluation at the same time, because IDEA does impose a 30-school-day deadline in Michigan. If the IDEA evaluation determines your child doesn’t qualify for an IEP but the data shows a substantial limitation, the team can use that same evaluation data to decide 504 eligibility.
What Happens at the Evaluation
The school can’t have one person glance at the paperwork and make a call. The placement decision has to be made by a group of people who are knowledgeable about your child, understand the evaluation data, and know the available accommodation options.4eCFR. 34 CFR 104.35 – Evaluation and Placement This group, often called the 504 team, typically includes the 504 coordinator, one or more of your child’s teachers, a school psychologist or counselor, and you. Treat the meeting as a collaboration, not a hearing where you sit and wait for a verdict.
The team has to draw on information from multiple sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior.4eCFR. 34 CFR 104.35 – Evaluation and Placement Any tests used have to be validated for the purpose they serve and administered by trained personnel. The team documents the information it considers and decides two things: whether your child meets the Section 504 definition of a person with a disability, and if so, what accommodations are needed for your child to access education on an equal footing with their peers.
The Written Plan and Common Accommodations
Once the team determines your child is eligible, the school has to create a written 504 plan documenting every accommodation. The plan is a binding commitment. Every teacher and staff member who works with your child needs to know about it and follow it. If your child’s math teacher ignores the extended-time provision, that’s a violation of your child’s civil rights under federal law, not a classroom policy disagreement.
Accommodations depend entirely on your child’s condition and how it shows up at school. There is no master list the school must choose from. Some common ones:
- Extended time on tests, quizzes, or in-class assignments, often 50% or 100% additional time
- Preferential seating near the teacher, away from windows or doors, or in a low-distraction area
- Taking exams in a separate, quieter room
- Permission for scheduled breaks during long instructional blocks
- Written and verbal versions of directions so the student can refer back
- Permission for a student with diabetes to check blood sugar, eat snacks, or visit the nurse as needed
- Check-ins with a counselor, use of a planner, or assignment chunking for executive function support
- Seating away from allergens, an emergency action plan on file, and staff trained to administer epinephrine
Push for specific, measurable language. “Extra help” is too vague to enforce. “50% extended time on all timed assessments” gives every teacher a clear instruction.
Reviews and Moving to a New School
Federal regulations require periodic reevaluations to confirm the plan still fits your child’s current needs.4eCFR. 34 CFR 104.35 – Evaluation and Placement Most Michigan districts review 504 plans once a year, usually at the start of a new school year or when a student changes grade levels. If your child’s condition changes significantly between scheduled reviews, you don’t have to wait. Submit a written request to reconvene the 504 team.
If your family moves to a different district in Michigan or out of state, the new school has to review the existing 504 plan and supporting documentation. A group of knowledgeable people at the receiving school then decides whether the plan is appropriate. If they agree it is, the district has to implement it. If they decide it doesn’t fit, the district has to conduct its own evaluation under Section 504 procedures before making changes.5U.S. Department of Education. Frequently Asked Questions – Section 504 Free Appropriate Public Education (FAPE) They cannot simply discard the plan and start from scratch without going through the evaluation process. Bring copies of the plan, medical records, and recent school records when you enroll, and hand them directly to the 504 coordinator or principal rather than assuming the old district will forward the file promptly.
If the School Denies Your Request
Schools don’t always agree a child qualifies, and sometimes the accommodations offered fall short of what the child actually needs. Federal law gives you three routes.
The first is a due process hearing. Your district has to maintain procedural safeguards that include notice of any evaluation or placement decision, access to your child’s educational records, and the right to an impartial hearing where you can participate and bring an attorney.6eCFR. 34 CFR 104.36 – Procedural Safeguards This is your formal opportunity to challenge a denial of eligibility, a refusal to provide a specific accommodation, or any other placement decision. The hearing officer has to be impartial, meaning not a school district employee with a stake in the outcome.
The second is filing a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) within 180 calendar days of the discriminatory act. The complaint should identify the school, describe who was discriminated against, and explain what happened. You can file online, by email, or by letter to the regional OCR enforcement office.7U.S. Department of Education. Questions and Answers on OCR’s Complaint Process If you already pursued the issue through the district’s internal process, you have 60 days after that process ends to file with OCR. In Michigan you can also file a complaint with the Michigan Department of Civil Rights within 180 days.
The third is a private lawsuit in federal court. You don’t have to file an OCR complaint first or exhaust any administrative process before going to court.5U.S. Department of Education. Frequently Asked Questions – Section 504 Free Appropriate Public Education (FAPE) Litigation is expensive and slow, though, so most families start with a due process hearing or OCR complaint. A special education advocate or attorney familiar with Section 504 can help you weigh the options. Professional advocates typically charge between $100 and $300 per hour, and some offer flat-fee packages for specific tasks like attending a single meeting.