504 Plan for ADHD in Delaware: What It Covers and How to Get One

Your child has an ADHD diagnosis and is struggling in school, but the district says they don't qualify for an IEP. A 504 plan may be exactly what is needed — or it may be a less appropriate substitute for services your child actually qualifies for. Here is how Delaware schools process 504 plans for ADHD, what they typically include, and when to push for an IEP instead.

Why ADHD Qualifies for a 504 Plan in Delaware

Section 504 of the Rehabilitation Act covers any student with a physical or mental impairment that substantially limits one or more major life activities. ADHD is explicitly recognized under federal guidance — from both the Department of Education and the Department of Justice — as a condition that frequently qualifies under Section 504, because it substantially limits major life activities including learning, reading, concentrating, and thinking.

You do not need a formal neuropsychological evaluation to get a 504 plan in Delaware, though documentation supporting the ADHD diagnosis is expected. A physician's diagnosis letter, a psychologist's report, teacher observation data, and report cards can all serve as supporting documentation. The 504 team determines eligibility based on whether the impairment substantially limits a major life activity — not based on a specific test score or threshold.

How Delaware Schools Process 504 Plans

Delaware's 504 process is governed by Title 14 of the Delaware Administrative Code, Section 927. Unlike the IEP process — which runs on a strict 45-school-day / 90-calendar-day evaluation timeline — the 504 process does not have equivalent state-mandated timelines. Districts must act within a reasonable time, but "reasonable" is not defined with the same precision.

To request a 504 evaluation for your child:

1. Submit a written request to the school's 504 coordinator or principal. State that you are requesting a Section 504 evaluation for your child due to an ADHD diagnosis that is substantially limiting their ability to learn and concentrate.
2. The district should respond with an evaluation plan or a written explanation of why it is declining to evaluate.
3. The 504 team — typically including you, the teacher, an administrator, and someone who can interpret the evaluation data — reviews the documentation and determines eligibility.
4. If eligible, the team develops the 504 plan with specific accommodations.

Delaware charter schools have full Section 504 obligations and cannot refer you to the sending district. If your child attends a charter school, the Section 504 process runs through that school.

Common ADHD 504 Accommodations in Delaware Schools

A Delaware 504 plan for ADHD might include:

• Extended time on tests and quizzes (commonly 50% or double time)
• Testing in a low-distraction environment (separate room or small group)
• Preferential seating away from high-traffic areas or near the teacher
• Breaks during long tasks or testing periods
• Assignment modifications (reduced number of problems that test the same skill)
• Use of organizational tools — planners, checklists, visual schedules
• Frequent check-ins with a teacher or counselor
• Prompts for transitions and task initiation
• Chunking of multi-step assignments with interim checkpoints
• Access to notes or teacher-provided outlines
• Allowed use of fidget tools or standing desk

The specific accommodations should be tied to how the ADHD manifests for your child specifically — a student whose primary struggle is task completion needs different accommodations than one whose primary struggle is emotional dysregulation.

When to Push for an IEP Instead

A 504 plan provides accommodations to support access to general education. It does not provide specially designed instruction — meaning the curriculum or teaching method itself is not modified, only the way the student accesses it.

If your child with ADHD needs:

• Direct, specialized reading or math instruction in a smaller setting
• Behavioral supports provided as a related service (behavioral aide, counseling sessions, BIP implementation)
• A modified curriculum
• Speech-language therapy, occupational therapy, or other related services
• A structured social skills program delivered as a service

...then an IEP under the Other Health Impairment (OHI) category is likely the appropriate track, not a 504 plan.

Districts sometimes offer 504 plans to students who legally qualify for IEPs because 504 plans are administratively easier and less expensive to implement. If your child has an ADHD diagnosis and significant academic impairment, and the district is proposing only a 504 plan, ask in writing what evaluation data supports the conclusion that specially designed instruction is not required. If the answer is not specific and data-based, request a formal special education evaluation.

Monitoring and Revising the Plan

504 plans in Delaware should be reviewed at least annually. If the accommodations are not working — if your child is still failing classes despite extended time and preferential seating — that is a signal either that the accommodations are wrong or that a 504 plan alone is insufficient.

Document specific concerns in writing. Email the 504 coordinator with a summary of what is not working and request a review meeting. If the team determines that accommodations alone are not sufficient, revisit whether an IEP evaluation is appropriate.

The Delaware IEP & 504 Blueprint includes a Section 504 request letter template, accommodation planning guidance, and a checklist for deciding between 504 and IEP tracks for Delaware students with ADHD.

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