How Good Must a 504 Plan Be to Pass Legal Muster?

Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the appropriateness of 504 plans. The prevailing substantive standard for Free and Appropriate Public Education under § 504 is reasonable accommodation, which is different from the corresponding substantive standard for IEPs under the IDEA. This article summarizes the case law basis for this § 504 standard and provides recommendations for the formulation of 504 plans and the closely related steps before and after the formulation stage