How to Get a 504 Plan in Kansas: Eligibility, Accommodations, and Parent Rights

A 504 plan can be a powerful tool for students with disabilities who do not qualify for an IEP — or it can be a district's way of offering fewer protections than the law actually requires. Understanding how 504 eligibility and accommodations work in Kansas is essential for parents navigating this decision.

What Section 504 Actually Covers

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against people with disabilities in any program receiving federal funding — which includes all public schools. For students, it means the school must provide accommodations and modifications necessary to give the student equal access to education.

Section 504 covers a broader population than IDEA (the law governing IEPs). A student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities, including learning, reading, concentrating, thinking, communicating, and more. The disability does not need to require specialized instruction to trigger 504 protections.

Common 504 accommodations in Kansas schools include:

• Extended time on tests and assignments
• Preferential seating in the classroom
• Reduced assignment load without content modification
• Access to quiet testing environments
• Check-in/check-out behavioral support systems
• Breaks for movement or regulation
• Note-taking support
• Audiobooks or text-to-speech for reading assignments
• Permission to carry water, snacks, or medication

The accommodations are designed to level the playing field — to give the student with a disability the same opportunity to access the curriculum that a non-disabled student has.

The Difference Between 504 and IEP in Kansas

This is the question most Kansas parents wrestle with, and it is not always answered honestly by school districts.

An IEP (Individualized Education Program) is created under IDEA and includes specialized instruction tailored specifically to the child's disability. It covers a broader set of rights: the student gets a team-developed, legally binding program with annual goals, progress monitoring, related services (speech, OT, counseling), and the full procedural safeguards of IDEA including due process.

A 504 plan provides accommodations to an existing educational program — it does not require the program to be fundamentally redesigned around the child's needs. Section 504 comes with fewer procedural protections than IDEA, and dispute resolution under 504 goes through the OCR (Office for Civil Rights) rather than through KSDE.

When a district pushes a 504 over an IEP: Wichita Public Schools (USD 259) was ordered to pay a family nearly $250,000 after it repeatedly refused to evaluate a student for special education and offered a Section 504 plan instead. The court found the district was using 504 as a way to avoid the more demanding obligations of an IEP. If your child needs specialized instruction — not just accommodations to an existing program — and the district is steering you toward 504, push back.

When a 504 is the right tool: If your child has a disability that is well-managed and primarily needs classroom accommodations rather than specialized instruction, a 504 plan may be appropriate and sufficient. The decision should be based on the child's needs, not on what costs the district less to provide.

How to Request a 504 Plan in Kansas

Section 504 is governed by federal regulations, but the specific evaluation and planning process varies by district. Here is the general process:

Step 1: Submit a written request. Write to the building principal or 504 coordinator requesting a Section 504 evaluation for your child. Identify the disability or medical condition and describe how it affects major life activities in school. A written request triggers a formal evaluation process and creates a documented timeline.

Step 2: Provide supporting documentation. A diagnosis from a physician, psychologist, or other licensed professional is typically required. If your child has a documented diagnosis of ADHD, anxiety, diabetes, asthma, dyslexia, or another condition, bring the documentation to the evaluation meeting.

Step 3: The school conducts an evaluation. Unlike IEP evaluations, 504 evaluations do not have a state-mandated timeline in Kansas. However, the school cannot delay indefinitely. Follow up in writing if the process stalls.

Step 4: A 504 meeting is convened. The school must convene a team to review the evaluation data and determine eligibility. Parents have the right to participate. The team determines whether the student meets the eligibility criteria and, if so, what accommodations are appropriate.

Step 5: The 504 plan is written. A written 504 plan documents the accommodations, the basis for each accommodation, and how implementation will be monitored. Get a copy of the signed plan.

What to Do If the School Denies a 504 Request

If the school refuses to evaluate your child for a 504 plan, or determines your child is ineligible, request a written explanation of the decision. Unlike IDEA's Prior Written Notice requirement, 504 does not have an identical procedural safeguard — but the school should still be able to articulate the basis for its decision.

If you believe the denial was improper:

Request reconsideration with additional documentation. If the school says there is insufficient evidence of a disability, provide additional medical or psychological documentation.

File a complaint with the OCR. Section 504 complaints go to the U.S. Department of Education's Office for Civil Rights, not to KSDE. OCR complaints are free and do not require an attorney. OCR can investigate the district's 504 practices and require corrective action.

Consider whether an IEP is more appropriate. If your child's needs are significant enough to require specialized instruction, the 504 evaluation process may have revealed a need for a full IDEA evaluation. Request one in writing.

504 Plan Accommodations for Kansas Standardized Tests

Students with valid 504 plans are entitled to accommodations on the Kansas Assessment Program (KAP). A Personal Needs Profile (PNP) must be established in the state testing system reflecting the accommodations documented in the 504 plan. However, there is an important constraint: accommodations used on the KAP must be those the student routinely uses during regular classroom instruction. You cannot introduce an accommodation solely for the test.

If your child's 504 plan includes text-to-speech for reading passages, the KAP allows this — but it must be documented in the IEP or 504 plan and used routinely in class, not activated for the first time on test day.

Kansas Students Using the TCLISS Voucher Program

If your child is receiving a Tax Credit for Low Income Students Scholarship (TCLISS) voucher, be aware of a critical trap: accepting the TCLISS scholarship constitutes a legal waiver of your child's right to special education services from any school district, unless the public district voluntarily agrees to continue services at the private school. Private schools participating in the TCLISS program are not bound by Section 504 and do not have to provide accommodations.

This waiver applies to both IEP and 504 protections. Parents considering a TCLISS scholarship for a child with a disability should understand they are trading away federally protected civil rights in exchange for a private school voucher of up to $8,000.

For parents navigating the 504 process, comparing options to an IEP, or enforcing existing 504 accommodations, the Kansas IEP & 504 Advocacy Playbook at specialedstartguide.com/us/kansas/advocacy/ covers both IDEA and Section 504 in Kansas with specific guidance on enforcement and dispute resolution.

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