Start with what your child needs at school. Then ask which law, and which timeline, fits.
Start with what your child needs to learn and take part in school. Then ask which legal process will identify and meet those needs. An ADHD diagnosis does not automatically decide between a 504 plan and an Individualized Education Program, or IEP. You can request consideration under both laws when the answer is unclear.123
If your child may need instruction adapted to their disability, request a comprehensive special-education evaluation. If ADHD may substantially limit a major life activity, ask about a Section 504 evaluation as well. You do not have to buy private neuropsychological testing before asking the public school to act.
This article provides general legal information for California public-school families, checked September 28, 2026. It cannot determine an individual child’s eligibility or replace advice about a dispute.
Key takeaways
- An ADHD diagnosis alone does not decide between an IEP and a 504 plan. The school evaluates what your child needs.
- An IEP is for a child who needs specially designed instruction. Section 504 can require regular or special education and related services, not only accommodations.
- California’s special-education clock runs from two dates: when the school gets the referral, and when it gets your written consent.
- Section 504 has no fixed federal deadline, but schools must evaluate within a reasonable time.
- Put requests in writing, keep copies, and track whether agreed services actually happen.
Begin with the barrier, not the label
A child may know the material but miss directions, lose work, or need far more adult help than the report card shows. Another child may have trouble learning a skill even with reminders and extra time. Those are different problems. A useful evaluation asks what happens, where it happens, and what support is needed.
Write down a few concrete observations. “Homework is a fight” is understandable, but “a 20-minute assignment takes two hours and repeated adult prompts” gives the team something to examine. Include strengths, too. Explain which tasks the child can do independently and which depend on someone quietly doing the organizing.
A report card is one part of the picture. IDEA’s child-find rule includes children suspected of needing special education who are moving from grade to grade.4 Good grades therefore do not end the inquiry. Nor do they prove eligibility. Under Section 504, good grades also cannot by themselves rule out disability or needed services.12 The evaluation must address the relevant academic, developmental, and functional concerns, using more than one measure.5
What the two laws require
IDEA is the federal special-education law. For ADHD, one possible eligibility category is Other Health Impairment. The legal definition covers limited strength, energy, or alertness caused by a health problem such as ADHD. It includes being so alert to everything around you that you are less alert to schoolwork. The problem must also hurt the child’s school performance. The child must also need special education because of the disability.1
Special education means specially designed instruction. Teaching content, methods, or delivery is adapted to address the child’s disability-related needs and access to the general curriculum. It is not a synonym for a separate classroom.6
Section 504 is a federal civil-rights law. For the education and services discussed here, the central disability question is whether a physical or mental impairment substantially limits a major life activity. The broader discrimination protections also cover certain people with a record of, or who are regarded as having, an impairment. Those additional protections do not automatically establish a need for school services.212
Learning is not the only relevant activity. Concentrating, thinking, and reading can also matter. When deciding this, the school must look at the condition without the help of things that ease it. That includes medicine, accommodations, assistive tools, and coping strategies the child has learned. The only exception is ordinary glasses or contact lenses.7 Do not stop treatment to demonstrate this. Share records describing the child’s functioning and the supports already in place.
Public schools’ Section 504 duty includes a free appropriate public education, often called FAPE. It can require regular or special education and related aids and services. Its standard is meeting the student’s individual educational needs as adequately as the needs of students without disabilities are met. Calling a 504 plan “accommodations only” is inaccurate.3
Compare the pathways
| Question | IDEA and an IEP | Section 504 in public K–12 school |
|---|---|---|
| Main purpose | Special education and related services for an eligible child | Disability nondiscrimination, including the school’s FAPE duty |
| Eligibility | A covered disability and a resulting need for special education | An impairment substantially limiting a major life activity, plus an individualized determination of needed services |
| Evaluation | Comprehensive assessment of suspected disability-related needs | Evaluation before initial placement and a significant change in placement; information from several sources |
| Instruction and services | Specially designed instruction, needed related services, aids, accommodations, and modifications | May include regular or special education and related aids and services |
| Written plan | A written IEP with required contents | A written 504 plan is the usual way to document services; federal rules do not prescribe an IEP-style form |
| Goals and monitoring | Measurable annual goals and a way to report progress | Monitoring should fit the needs and services; no identical federal IEP-goal format |
| Participation | Parent is an IEP team member | Decisions involve people knowledgeable about the child, evaluation, and placement; ask to participate and provide information |
| Review | At least annual IEP review, with separate reevaluation rules | Periodic reevaluation and reevaluation before significant placement changes |
| Safeguards | Notice, parent participation, records rights, and IDEA dispute procedures | Notice, relevant-record access, an impartial hearing with parent participation and counsel, and review |
Sources: federal regulations governing eligibility, evaluation, IEP contents and membership, and Section 504 safeguards.123589101114192021
One pathway is not a prize and the other a consolation. Ask whether the proposed program addresses the actual needs. A long accommodation list will not teach a missing skill by itself. An IEP also needs clear implementation; its name does not make a vague service useful.
In everyday school language, an accommodation changes how a student accesses or shows learning. A modification may change what is expected. Ask the team exactly what a proposed change does. For example, fewer practice problems could preserve the learning target or reduce it, depending on the task. Do not rely on the label alone when discussing grading and curriculum.
Ask for evaluation in writing
Send your request to the principal and the district’s special-education office or Section 504 coordinator. Keep the sent message, attachments, and acknowledgment. Ask who will coordinate the response. These are practical recordkeeping steps, not legal filing instructions for a complaint.
Schools have their own duty to identify and evaluate children who may need services; parents do not have to solve the eligibility question first.48 General education supports can help during evaluation. They should not become a reason to delay a disability evaluation when the school has reason to believe one is needed. OCR guidance warns against delaying an evaluation when staff should reasonably suspect a disability-related need for services, including delaying it in order to try an intervention first.1226
A private diagnosis can provide useful information. It does not replace the school’s decision about educational needs. Under OCR guidance, a public school cannot shift the cost of a medical assessment to parents when that assessment is necessary for its Section 504 evaluation.12 Ask the school what information it needs and how it will obtain it. The ADHD testing directory discusses clinical resources, which serve a different purpose from the district’s evaluation responsibilities.
IDEA also prohibits school personnel from requiring a prescription for a controlled substance as a condition of school attendance, an IDEA evaluation, or IDEA services. Staff may still share classroom observations.13 Medication decisions belong in a clinical discussion with the family, not a condition placed on access to school support.
Template 1: Request a comprehensive special-education evaluation
Subject: Request for special-education assessment for [child’s name]
Dear [principal and special-education contact],
I am the parent or guardian of [name], a student in [grade] at [school]. I request a comprehensive initial special-education evaluation in all areas of suspected disability and educational need.
My concerns include [specific observations]. These affect [learning, completing work, behavior, communication, participation, or other tasks]. Examples include [dated examples]. Supports already tried include [supports and what happened]. Relevant records available include [records, if any].
Please consider whether [name] needs specially designed instruction and related services, including possible eligibility related to ADHD. I also request consideration under Section 504 if appropriate; I am not asking the school to limit its assessment to a single label.
Please confirm the date you received this referral and the person coordinating it. Please send the proposed assessment plan and procedural safeguards, or the required written notice explaining a refusal. Let me know how to provide additional information and request language or communication support.
Sincerely, [name, contact information, date]
Template 2: Request a Section 504 evaluation
Subject: Request for Section 504 evaluation for [child’s name]
Dear [principal and Section 504 coordinator],
I request a Section 504 evaluation for [name], in [grade] at [school]. I am concerned that [known or suspected impairment] substantially limits [relevant major life activities].
Examples include [observations, dates, affected tasks]. Current supports include [supports], and the remaining difficulties are [difficulties]. I can provide [available records]. Please evaluate whether [name] needs regular or special education and related aids and services, and consider a special-education assessment if the information suggests a need for specially designed instruction.
Please confirm receipt, identify the coordinator, and explain the evaluation steps and expected dates. Please provide the district’s Section 504 procedures and safeguards and explain any decision not to evaluate. I would like to participate and share information about [name].
Sincerely, [name, contact information, date]
These original templates are starting points. Remove statements that do not fit. Neither requires you to claim a diagnosis that has not been made. Consent to assessment does not itself consent to starting special-education services.15 Ask what each form authorizes.
California’s special-education clock
The date a school receives the referral is different from the date it receives written assessment consent. Save both. The table below separates those triggers. These are calendar-day rules with specified exclusions, not a general rule counting only days children attend school.
| Step and trigger | Deadline | Exclusions and important qualifications | Authority; checked September 28, 2026 |
|---|---|---|---|
| School receives assessment referral | Proposed assessment plan within 15 calendar days | Excludes days between the pupil’s regular school sessions or terms and days of school vacation in excess of five schooldays. Parent may agree in writing to extend. | Education Code §§56043(a), 56321(a) 1415 |
| Referral made 10 days or fewer before the school year ends | Plan within 10 days after the next regular school year or term begins | Uses the student’s district school calendar. After qualifying vacations, the 15-day clock resumes when regular schooldays resume. | §56321(a) 15 |
| Parent receives proposed assessment plan | Parent has at least 15 calendar days to decide | This is time available to the parent, not a required waiting period. Assessment can start when consent is received. | §§56043(b), 56321(c) 1415 |
| School receives written assessment consent | Initial eligibility/needs determination and IEP meeting within 60 days; assessment-related IEP developed within 60 calendar days | Excludes between-session/term days and qualifying vacations above. Written parent extension is permitted. Initial-assessment exceptions also apply, described below. | §§56043(c),(f), 56302.1, 56344(a) 141617 |
| Referral made 30 days or fewer before school year ends | Assessment-related IEP within 30 days after the next regular school year begins | End-of-year rule tied to referral and school calendar. The regular 60-day clock resumes after qualifying vacations. | §56344(a) 17 |
| Determination that special education and related services are needed | Initial IEP meeting within 30 days | This does not create an extra 30 days to add automatically to California’s assessment timeline. | §§56043(f)(2), 56344(a) 1417 |
| Existing IEP | Review at least annually | Review sooner when needed. | §56043(d),(j) 14 |
| Parent’s written request to review an existing IEP is received | Meeting within 30 calendar days | Same listed school-session, term, and vacation exclusions. | §§56043(l), 56343.5 1418 |
| Reevaluation | At least every three years | May be unnecessary by written parent/district agreement; generally no more than yearly unless both agree otherwise in writing. | §56043(k); 34 CFR §300.303 1419 |
The initial-assessment 60-day exception for a transfer applies only when the child enrolls in the new district after the 60-day period began and before the previous district decided eligibility. Even then, the new agency must make sufficient progress toward prompt completion, and the parent and new agency must agree on a specific completion date. Another exception concerns a parent’s repeated failure or refusal to make the child available for assessment.16 A transfer is not a blank check for indefinite delay.
Ask the district to show its calculation using the child’s school calendar, referral date, consent date, and any claimed exception. If offered an extension, ask why it is needed, which assessments remain, and the proposed completion date before deciding. Keep any agreement.
Section 504 uses a different timeline
Do not automatically apply California’s 15-day and 60-day special-education rules to a stand-alone Section 504 evaluation. The federal Section 504 regulation does not set a numerical initial-evaluation deadline. OCR assesses reasonableness using the circumstances, with IDEA timelines, state requirements, or local policy as reference points.812 In practice, OCR generally looks to the IDEA timeline or state requirements, which in California means the 60-day rule, when judging whether a 504 evaluation took too long.1216
Ask for the district’s written 504 procedures, its expected timeline, and updates about any delay. “No statewide number” does not mean “no duty to act.” If both IDEA and Section 504 concerns were raised, ask the district to identify which process it is using and how it is meeting each duty.
Make the meeting about a workable school day
Bring a short concerns sheet, work samples, previous plans, and a list of questions. Consider asking your child: “Which part of the school day feels hardest?” A child who dreads unstructured group work may describe a barrier that an assignment log misses.
Read the assessment reports for mismatches. Do they discuss only grades when the referral described behavior and daily functioning? Does a conclusion rely on one quiet testing session despite a different classroom pattern? Ask how the team weighed the information. IDEA requires assessment across relevant suspected areas and prohibits using one measure as the sole basis for eligibility.5
Use this original meeting checklist:
- What need does each proposed support address?
- Who provides it, where, how often, and starting when?
- What will staff do when the usual person is absent?
- How will the student ask for help without announcing private information?
- What result will we watch, and who will send an update?
- What will prompt a review if the plan is not working?
Possible supports should follow the barrier, not a standard ADHD menu:
| Observed barrier | Possibility to discuss | What to clarify |
|---|---|---|
| Directions disappear before work begins | Written steps plus a brief understanding check | Who checks, at which tasks, and without public embarrassment |
| The child has not learned how to plan a multistep task | Explicit instruction, guided practice, and progress monitoring | The skill being taught and how independence will be measured |
| Noise disrupts test performance | An appropriate testing environment | Which tests, room arrangements, and how to request it |
| Work is finished but never submitted | A defined submission check | Whether the support helps submission and can be adjusted over time |
| Behavior repeatedly interrupts learning | Assessment of the need behind behavior and individualized positive support | What staff will teach and do before the problem escalates |
These are discussion examples, not promised entitlements or a validated intervention package. For a fuller discussion of daily tools, see classroom and organization systems.
An IEP must specify measurable goals, services, and how progress will be reported.9 Ask to see the connection between the identified need and each goal. “Improve organization” is hard to track. A specific task, starting point, expected change, and monitoring method are easier to discuss.
Follow the plan after the meeting
Before leaving, ask for your copy, the implementation contact, and the next check-in. Under California law, services must be available as soon as possible after IEP development.17 An agreed service should not disappear into an informal instruction to “ask the teacher if needed.”
Keep a simple document log. This suggested format is for your use, not a school requirement:
| Date | Item or event | What it shows | Next action |
|---|---|---|---|
| [date] | Evaluation request and receipt | Referral date | Confirm coordinator |
| [date] | Assessment plan and consent receipt | Consent date and assessment scope | Record expected meeting date |
| [date] | Plan or service update | What was agreed or delivered | Follow up on missing detail |
| [date] | Work sample or child report | A remaining barrier or improvement | Share a concrete observation |
Check whether the support happened before deciding it failed. If a quiet testing space was never arranged, the immediate issue is implementation. If it was provided and the same problem remained, the team may need to reconsider the support or investigate another need.
When the school delays or disagrees
Ask for the reason in writing. Under IDEA, prior written notice applies when a school proposes or refuses to start or change a child’s identification, evaluation, placement, or FAPE. The notice must explain the decision, information used, and options considered, with safeguard information.20
For Section 504, request the district’s notice and safeguard procedures. Federal protections include access to relevant records and an impartial hearing process with parent participation and the opportunity for counsel.11 The procedures are not identical to IDEA’s.
Match the route to the concern. A state complaint to the California Department of Education is for a school that may have broken a special-education rule. IDEA due process addresses disputes such as assessment, eligibility, placement, and FAPE; California uses the Office of Administrative Hearings for that process. The federal Office for Civil Rights (OCR) handles disability discrimination complaints, including Section 504 complaints.2122 A district meeting, grievance, state complaint, and hearing are different procedures. Deadlines differ by route. As of September 2026, a state complaint generally must be about a problem from the past year. A due process request generally must be filed within two years of when you knew, or had reason to know, of the facts behind it. An OCR complaint generally must be filed within 180 days of the last act of discrimination.142122 Confirm current instructions for the route you choose rather than assuming one preserves every other deadline.
Seek qualified advice promptly if the child is losing access, services are repeatedly missing, or discipline or placement changes are involved. Keep records of what the child missed as well as the messages exchanged.
For now, choose one feasible step: send a dated evaluation request with two or three clear examples of the school tasks your child cannot reliably access or complete.
Frequently asked questions
Does a charter school follow these rules?
Public charter-school students retain IDEA rights. Responsibility for providing services depends on the charter’s legal structure and relationship with a local educational agency. Ask which agency is responsible and how to contact it.23
Is a parent-chosen private school the same?
No. Under IDEA, a child placed in private school by parents does not have an individual right to receive some or all of the special education and related services the child would receive in public school. Child find and equitable-services rules still matter. Other private-school disability obligations depend on the law and school involved.24
Can my child have both an IEP and 504 protections?
Yes. IDEA eligibility does not remove Section 504 protections. Implementing an appropriate IEP can be a way to meet the Section 504 educational standard; a second separate plan is not automatically needed.312
Should we change treatment to qualify?
Do not change medication to create school evidence. Share the history and discuss educational concerns with the school and treatment questions with the clinician. NP FADY’s ADHD care information explains the clinical side; it does not replace school evaluation or legal advice.
Does the plan transfer to college?
College has a different disability-access process. An IEP or 504 plan does not automatically continue there. Keep useful records and begin asking the future college about documentation and requests before enrollment.25
Related reading on NP FADY
- Build the Rails: Classroom and Organization Systems for ADHD
- ADHD in College: A Plan for the First Semester
- ADHD and Friendships: Helping Kids Connect Without Pressure
References
1. 34 CFR §300.8. Child with a disability. Current regulation.
2. 34 CFR §104.3. Definitions. Current regulation.
3. 34 CFR §104.33. Free appropriate public education. Current regulation.
4. 34 CFR §300.111. Child find. Current regulation.
5. 34 CFR §300.304. Evaluation procedures. Current regulation.
6. 34 CFR §300.39. Special education. Current regulation.
7. Americans with Disabilities Act, as amended, 42 USC §12102; Rehabilitation Act, 29 USC §705(20)(B). Department of Justice statutory text; U.S. Code definition.
8. 34 CFR §104.35. Evaluation and placement. Current regulation.
9. 34 CFR §300.320. Definition of individualized education program. Current regulation.
10. 34 CFR §300.321. IEP Team. Current regulation.
11. 34 CFR §104.36. Procedural safeguards. Current regulation.
12. U.S. Department of Education, Office for Civil Rights. Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools. 2016. Agency guidance. Official GovInfo record.
13. 34 CFR §300.174. Prohibition on mandatory medication. Current regulation.
14. California Education Code §56043. Special-education timelines; operative July 1, 2025. Current statute.
15. California Education Code §56321. Assessment plan and consent. Current statute.
16. California Education Code §56302.1. Initial assessment and exceptions. Current statute.
17. California Education Code §56344. IEP development and implementation. Current statute.
18. California Education Code §56343.5. Parent-requested IEP review. Current statute.
19. 34 CFR §300.303. Reevaluations. Current regulation. California written-agreement provisions are in §56043(k), reference 14.
20. 34 CFR §300.503. Prior notice by the public agency; content of notice. Current regulation.
21. 34 CFR §§300.151 and 300.507. State complaint procedures and due process complaint scope. California implementation: CDE dispute resolution; Office of Administrative Hearings.
22. U.S. Department of Education, Office for Civil Rights. How to File a Discrimination Complaint With OCR. Official procedures.
23. 34 CFR §300.209. Treatment of charter schools and their students. Current regulation.
24. 34 CFR §300.137. Equitable services determined. Current regulation. See also 34 CFR §300.131, child find for parentally-placed private school children.
25. U.S. Department of Education, Office for Civil Rights. Students With Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities. 2011. Official ERIC copy.
26. U.S. Department of Education, Office for Civil Rights. Dear Colleague Letter and Resource Guide on Students with ADHD. July 26, 2016. Agency guidance. Official PDF.
This article provides general education about federal and California school law. It is not legal advice and does not create an attorney-client relationship. Laws and agency instructions can change; confirm current rules with your district, the California Department of Education, or a qualified special-education attorney or advocate. Law and evidence last checked September 28, 2026.
If you or someone you know is in crisis
- Call 911 or go to your nearest emergency room for any life-threatening emergency.
- 988 Suicide & Crisis Lifeline — call or text 988, or chat at 988lifeline.org, available 24/7, free and confidential. En español: marque 988 y oprima 2, o envíe AYUDA al 988. Deaf or hard of hearing: 988 videophone (ASL) or TTY 711 then 988. Veterans: 988 and press 1, or text 838255.
- Crisis Text Line — text HOME to 741741.
- The Trevor Project (crisis support for LGBTQ+ young people) — call 1-866-488-7386, or text START to 678-678.
- National Sexual Assault Hotline (RAINN) — call 1-800-656-HOPE (4673) or text HOPE to 64673; free, confidential, 24/7. Online chat at RAINN.org/hotline.
- National Domestic Violence Hotline — call 1-800-799-SAFE (7233) or text START to 88788; 24/7, help in 200+ languages. Online chat at TheHotline.org. If your phone or computer may be monitored, calling from a safer device is an option.
- Riverside County — Inland SoCal Crisis Helpline 951-686-HELP (4357), 24/7 (Inland SoCal United Way / 211+, in partnership with RUHS-BH); Community Access, Referral, Evaluation and Support (CARES) Line 800-499-3008, 24/7.
- San Bernardino County — Access Unit (Behavioral Health Helpline) 888-743-1478, 24/7; Mobile Crisis/CCRT 800-398-0018 (24/7, all ages) or text 909-420-0560. Arrowhead Regional Medical Center (ARMC) has a dedicated walk-in adolescent psychiatric ER (ages 13–17).
- Children under 13 — call 911 for immediate danger, contact your county's mobile crisis team (they respond to all ages), or go to the nearest pediatric emergency room.
- California Peer-Run Warm Line (non-crisis — someone to talk to) — call or text 1-855-600-WARM (9276); daytime and evening hours, not a 24/7 line.
- NP Fady (non-emergency) — for routine scheduling or questions, call (909) 707-6261. This line is not monitored for emergencies.