New Hampshire Section 504 Eligibility: Who Qualifies and How the Process Works

Parents asking "does my child qualify for a 504 plan?" often discover the eligibility standard is simpler than they expected — but the process for getting one is more variable than it should be. Section 504 eligibility is deliberately broad, reaching many students who don't qualify for an IEP. The complexity comes from New Hampshire's lack of mandated timelines and procedures, which means what happens after you request an evaluation depends significantly on which SAU you're dealing with.

The 504 Eligibility Standard

Under Section 504 of the Rehabilitation Act of 1973, a student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities.

Major life activities include:

• Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, working
• Learning, reading, concentrating, thinking, communicating
• Major bodily functions — immune system, cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

The phrase "substantially limits" is interpreted broadly under the ADA Amendments Act of 2008, which expanded the definition of disability. "Substantially limits" does not mean the student is unable to perform the activity — it means the student is limited in the condition, manner, or duration under which they can perform it compared to most people.

This deliberate breadth means many students who don't meet IEP eligibility criteria can still qualify for a 504 plan.

Who Typically Qualifies for 504 in New Hampshire

The most common 504 eligibility scenarios in New Hampshire schools:

ADHD without academic modifications needed. A student with a documented ADHD diagnosis whose attention deficit substantially limits their ability to concentrate and learn, but who can access grade-level curriculum with supports like extended time and preferential seating — and who does not require specialized academic instruction — is a classic 504 candidate. The accommodation addresses the barrier; the student doesn't need the content modified.

Anxiety that substantially limits learning. Generalized anxiety disorder, social anxiety, or separation anxiety that significantly affects a student's ability to concentrate, complete work, take tests, or participate in school activities can support 504 eligibility. The 504 plan provides accommodations like access to the school counselor, testing in a reduced-distraction environment, or flexible deadlines.

Medical conditions. Students managing diabetes (blood sugar monitoring, nurse access during the day), severe allergies (EpiPen access, dietary restrictions in cafeteria), asthma (medication access, PE accommodations), or other chronic conditions frequently qualify for 504 plans. The medical condition substantially limits a bodily function.

Concussion recovery. New Hampshire law (RSA 200:63) mandates concussion management protocols. When a student's concussion symptoms become severe and prolonged, NHDOE guidance specifically directs schools to initiate a 504 evaluation to formalize long-term academic accommodations.

Students who evaluated out of special education. A student found ineligible for an IEP — they have a disability but do not require specialized instruction — may still qualify for a 504 plan if the disability requires accommodations to access the general curriculum. This is a common outcome for students whose needs are addressed through accommodations rather than modified instruction.

Dyslexia without specialized instruction need. Some students with dyslexia whose decoding skills are impaired but who can access grade-level text with text-to-speech supports may qualify for 504 rather than an IEP, particularly if the district determines they do not require specialized Orton-Gillingham or structured literacy instruction. (Parents who believe their child does require specialized methodology for reading should push for an IEP evaluation, not accept a 504 as automatically appropriate.)

What Does NOT Qualify for a 504 Plan

A temporary condition — a broken arm, a short-term illness, a brief emotional crisis — generally does not constitute a disability under Section 504 unless it persists for a long enough period to become substantially limiting. A one-week absence for the flu is not a 504 issue. Three months of post-concussion symptoms affecting learning may be.

Economic disadvantage alone does not qualify a student for a 504. Neither does English learner status, although EL students can have disabilities and may qualify for 504 accommodations related to those disabilities (distinct from EL language supports).

Behavior that is not connected to a diagnosed or diagnosable disability does not support 504 eligibility.

How to Request a 504 Evaluation in New Hampshire

Unlike IEP referrals, which trigger specific timelines under Ed 1106, New Hampshire does not have a state-mandated timeline for 504 evaluations. The NHDOE provides model procedures, but districts are not required to use them. This means the process — and its speed — varies significantly across the state's 107 SAUs.

Request in writing. Send a written request to the school's 504 coordinator (most districts designate one, though in small SAUs this may be the principal or special education director) stating that you are requesting a Section 504 evaluation for your child, the basis for your request, and the documentation you can provide (medical diagnosis, private evaluation reports, etc.).

Provide supporting documentation. A 504 evaluation is less formalized than a special education evaluation. Many districts will accept a physician's letter or private psychological evaluation as the basis for a 504 plan without conducting their own comprehensive evaluation. Others conduct their own assessment. Ask the coordinator what the district's process is.

Attend the eligibility meeting. The district must make a formal eligibility determination based on the evaluation data. You should be included in this meeting as a participant.

Review the proposed 504 plan. If the student is found eligible, a 504 plan is developed. You have the right to disagree with the findings or with the accommodations proposed. If you disagree with the eligibility determination, you can request an internal district hearing — or file directly with the Office for Civil Rights.

The Difference Between 504 and IEP Eligibility

Parents often ask: if my child qualifies for a 504, do they automatically qualify for an IEP?

No. IEP eligibility requires two separate findings: (1) the student has a disability in one of the 14 IDEA categories, and (2) the student requires specialized instruction as a result of that disability. A student can meet the first criterion without meeting the second — in which case they may qualify for a 504 but not an IEP.

Conversely, every student who qualifies for an IEP has a disability that substantially limits major life activities and therefore also meets the threshold for 504 eligibility. IEP eligibility is a higher bar, and students with IEPs receive more robust legal protections.

If you believe your child needs specialized instruction — modifications to how academic content is taught, not just how they access it — push for the IEP evaluation track, not the 504 track. A 504 plan cannot deliver specialized instruction.

When to Push for an IEP Instead of a 504

If the district offers a 504 plan when you believe your child needs an IEP, you can accept the 504 temporarily while also requesting a special education evaluation. The two tracks are independent. Accepting a 504 does not waive your right to request an IEP evaluation, and you don't have to choose between them.

The New Hampshire IEP & 504 Blueprint includes a 504 eligibility comparison chart covering common diagnoses, the typical eligibility path for each, and how to frame your request depending on whether the IEP or 504 track is more appropriate for your child's needs.

See more United States guides →