How to Get a 504 Plan in North Dakota: A Step-by-Step Guide

When a child has a medical condition, mental health diagnosis, or physical disability that affects their ability to function in school, but doesn't meet the eligibility criteria for an IEP, a 504 plan is often the right support. Many North Dakota parents don't know the process for requesting one, what it takes to qualify, or what to do when the school resists. This guide covers every step.

What a 504 Plan Is (and What It Isn't)

A 504 plan is a legally binding document that describes the accommodations a student with a disability needs to access education on an equal basis with their peers. It's named for Section 504 of the Rehabilitation Act of 1973, a federal civil rights law — not IDEA, the special education law.

The practical difference matters. A 504 plan provides accommodations — things like extended time, preferential seating, access to a quiet testing environment, permission to use a calculator, or a modified schedule. It does not provide specialized instruction or related services like speech therapy or OT. If your child needs those, an IEP under IDEA is the appropriate vehicle.

A 504 plan is not a watered-down IEP. It's a different tool with a different legal basis and a lower eligibility threshold. For many students — particularly those with ADHD, anxiety, depression, diabetes, asthma, migraines, or physical mobility issues — a 504 is the most appropriate support.

Eligibility: The Lower Bar

To qualify for a 504 plan in North Dakota, a student must have:

1. A physical or mental impairment
2. That substantially limits one or more major life activities

Major life activities are broad under the 2008 ADA Amendments Act: learning, reading, concentrating, thinking, communicating, caring for oneself, walking, seeing, hearing, breathing, working, and the operation of major bodily functions (immune system, digestive system, neurological functioning, etc.).

"Substantially limits" is also interpreted broadly. The law explicitly states that the determination should be made without considering the ameliorative effects of mitigating measures — so if ADHD medication helps your child concentrate, the eligibility determination is based on how ADHD affects concentration without medication.

This means many students who don't qualify for an IEP do qualify for a 504. A student with ADHD who doesn't have a significant academic performance gap (a common IEP threshold) may still qualify for 504 accommodations because ADHD substantially limits concentration, which is a major life activity.

Step 1: Make a Written Request

The process starts with a written request to your child's school — specifically to the principal or the school's 504 coordinator (many schools have a designated coordinator). The request does not need to be on a specific form.

State clearly:

• Your child's name, grade, and school
• The impairment or condition you believe your child has
• How it affects your child's functioning in school
• Your request for a 504 evaluation

Keep a copy. Note the date you submitted it. If you email it, that creates an automatic timestamp.

Many parents make the mistake of raising 504 concerns verbally at a parent-teacher conference or pickup. Verbal requests don't trigger the school's legal obligation to respond. Written requests do.

Step 2: The 504 Evaluation

After receiving your written request, the school must conduct an evaluation to determine whether your child has a qualifying disability and what accommodations might be needed. Unlike IEP evaluations, Section 504 doesn't have a detailed federal mandate on evaluation procedures or timelines. North Dakota follows the general Section 504 requirement that evaluations be conducted using a variety of sources — not just a single test score.

Common evaluation sources include:

• Parent input (including medical records, outside evaluations, and your observations)
• Teacher input and classroom observations
• Review of academic records, grades, and disciplinary history
• School-administered assessments if relevant
• Medical documentation from your child's physician or specialist

Providing a private diagnosis — from a pediatrician, psychologist, or specialist — is often the most direct way to document the underlying impairment. A letter from your child's doctor or psychiatrist stating the diagnosis and how it affects school functioning carries significant weight.

The evaluation process for 504 is generally faster and less formalized than an IEP evaluation. However, if the school is dragging its feet — taking months without action — send a follow-up in writing asking for the timeline and a scheduled meeting.

Step 3: The 504 Meeting

If the evaluation supports eligibility, the school convenes a 504 meeting with the parent and relevant school staff to determine eligibility and develop the accommodation plan. You participate in this meeting. You can bring documentation, notes, and a support person.

The meeting covers:

• Whether the student meets eligibility criteria
• What major life activities are substantially limited
• What accommodations are needed to provide equal access

Accommodations should be specific and practical. "Extended time" should specify how much — 1.5x or 2x? "Reduced distraction testing environment" should specify what that means in practice — a separate room, small group setting, or something else?

You can propose accommodations at the meeting. If the school proposes something you believe is insufficient, you can push back and document your concerns. The 504 plan should reflect what your child actually needs, not what's easiest for the school to implement.

Step 4: Implementation and Annual Review

A 504 plan doesn't expire automatically, but it should be reviewed at least annually to ensure accommodations remain appropriate as your child's needs change. You can request a review at any time if something isn't working.

After the plan is developed, teachers must be informed of its contents. A 504 plan that lives in an administrative file and never reaches the classroom teachers who implement it is useless. Ask the 504 coordinator how teachers are notified and follow up to confirm the accommodations are actually in place.

If accommodations are not being implemented — if your child reports that teachers aren't following the plan, or if test scores aren't improving despite what should be effective supports — request a review meeting to address the gap.

What to Do If the School Says No

Schools sometimes refuse to evaluate for a 504 or find a student ineligible after evaluation. Both decisions can be challenged.

If the school refuses to evaluate: Ask for the refusal in writing. Section 504 doesn't specify a PWN process the way IDEA does, but you can request a written explanation. If the school believes your child doesn't have an impairment, ask on what basis they made that determination before completing an evaluation.

If the school finds your child ineligible: Ask for a detailed explanation of why the evaluation didn't support eligibility — specifically, which element failed (no qualifying impairment, or impairment doesn't substantially limit a major life activity). If you disagree, you can request a Section 504 impartial hearing. Unlike IDEA due process, Section 504 hearing procedures vary by state and district, so ask the school specifically what their 504 hearing process looks like.

File an OCR complaint: The U.S. Department of Education's Office for Civil Rights (OCR) enforces Section 504. If you believe the school is discriminating against your child by denying a 504 plan they clearly qualify for, an OCR complaint is the federal enforcement route. OCR complaints are free to file and can be submitted online. OCR investigations take time, but the threat of an OCR investigation sometimes prompts schools to reconsider denials.

504 vs. IEP: Making the Right Call

If your child has already been evaluated for an IEP and didn't qualify, but still has significant needs, a 504 is worth pursuing. If your child has a 504 but is not making meaningful progress and you believe they need more intensive services, asking for an IEP evaluation is appropriate — a 504 does not prevent IEP eligibility evaluation.

If you're unsure which is right for your child, the North Dakota IEP & 504 Advocacy Playbook covers both tracks in detail — including how to navigate the evaluation process, what to do when the school's recommendation doesn't match your child's documented needs, and how to document concerns at every step of either process.

A Note on Timing

504 evaluations in North Dakota don't have the same strict 60-day timeline as IDEA evaluations. Schools are expected to act within a reasonable time, but "reasonable" is vague. If you submit a request in September and haven't heard back by November, follow up in writing. If the school is unresponsive to your written follow-ups, an OCR inquiry or a complaint to NDDPI (which has oversight of schools' civil rights compliance) can accelerate the process.

Starting the written request early in the school year — not waiting for a crisis — gives you time to work through the process before your child has lost significant ground.

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