A child who may have learning problems still may not be found eligible for special education services because they do not fit into one of the special education eligibility categories and/or because their learning needs are not intensive enough to qualify them for special education. (This may often be the case for children identified as having hyperactivity, dyslexia, Pervasive Developmental Disorder, Tourette Syndrome, Obsessive Compulsive Disorder, Conduct Disorder, Oppositional Defiant Disorder, or ADD/ADHD. Of these conditions, only ADD/ADHD and Tourette Syndrome are mentioned specifically in the special education eligibility criteria.
Such a child, however, may be eligible for special services and program modifications under a federal antidiscrimination law designed to reasonably accommodate the student’s condition so that their needs are met as adequately as the needs of non-disabled students. The law is commonly known as Section 504 of the Rehabilitation Act of 1973.[1]
Section 504 eligibility is not based on a categorical analysis of disabilities (except that some conditions, such as ADD/ADHD are frequently recognized as Section 504 qualifying conditions). Rather, Section 504 protections are available to students who can be regarded as “disabled” in a functional sense. Such students:
- Have a physical or mental impairment which substantially limits a major life activity (such as learning and attention);
- Have a record of such an impairment; or
- Are regarded as having such an impairment.[2]
If your child is not found to have a disability for purposes of Section 504 accommodations and/or services, you can appeal that determination. The local education agency is responsible for arranging the Section 504 hearing process. The hearing officer selected by the local education agency must be independent of the local agency. The hearing officer could be, for example, a special education administrator from another school district, from the county office of education or from a special education local plan area – as long as there is no conflict of interest.
The Office for Civil Rights (OCR) administers and enforces Section 504 protections in education. If you believe your child has not been afforded their rights under Section 504, you may file a complaint with the Office for Civil Rights. You can access the form online at https://ocrcas.ed.gov/office-for-civil-rights-discrimination-complaint-form or you can write or call OCR at one of the addresses below and ask for a copy of the complaint form and instruction sheet for filing a complaint:
The OCR National Headquarters is located at:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov
As of August 2025, the OCR office for California is located at:
Seattle Office
Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099
Telephone: 206-607-1600
FAX: 206-607-1601; TDD: 800-877-8339
Email: OCR.Seattle@ed.gov
As of August 2025, California’s OCR office in San Francisco is currently closed:
Office for Civil Rights,
San Francisco Office
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Facsimile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov
See Chapter 6, Information on Due Process Hearings/Compliance Complaints.
When you are referring your child for special education eligibility, your referral letter can include a request that your child also be assessed under Section 504 of the Rehabilitation Act of 1973 (Section 504) to determine whether your child might be eligible for services under that law. If eligible, the school district may be required to provide reasonable accommodations and/or services, including special education services, to allow your child to benefit from school like children without disabilities. These accommodations and/or services may be important if your child does not qualify for special education/IEP, or if such accommodations and/or services are, for some reason, not provided under special education.[3]