Understanding Section 504 Plans for Students with ADHD and Anxiety in Schools

Students with ADHD and Anxiety in Schools

Helping Illinois Parents Secure the Right School Supports for Children with ADHD and Anxiety

If your child has ADHD, anxiety, or another mental health condition, you’ve probably seen how their school day can feel harder than it should be. Difficulty focusing, regulating emotions, or coping with stress can affect everything from classroom participation to test performance — even when your child is bright, motivated, and capable.

The good news is that federal law protects your child’s right to an equal education. Under Section 504 of the Rehabilitation Act of 1973, Illinois schools must provide reasonable accommodations and supports to help students with disabilities access learning on an equal basis.

Unfortunately, many parents find that schools misunderstand or mishandle the 504 process — especially when it comes to hidden disabilities like ADHD and anxiety. At DV Law, our Illinois education attorneys regularly represent families facing these very challenges. This article explains how Section 504 eligibility works, what supports your child may be entitled to, and what to do if your school is resisting or delaying accommodations.

1. What Is a Section 504 Plan?

Section 504 is a federal civil rights law — not a special education program. It prohibits discrimination against students with disabilities in schools that receive federal funding (which includes all public and many private schools in Illinois).

A 504 Plan is a written document outlining the specific accommodations, modifications, and services a school must provide to help your child learn and participate equally. Unlike an IEP (Individualized Education Program) under the IDEA, a 504 Plan does not necessarily include specialized instruction. Instead, it focuses on removing barriers that make it harder for your child to access education.

2. How ADHD and Anxiety Qualify Under Section 504

To be eligible for a 504 Plan, your child must:

1. Have a physical or mental impairment (such as ADHD or an anxiety disorder),

2. That substantially limits one or more major life activities, and

3. Require accommodations or services to access learning equally.

   
   

Major life activities affected by ADHD or anxiety may include:

• Concentrating or focusing

• Thinking or organizing

• Communicating or regulating emotions

• Sleeping or eating

• Attending school consistently

  
  

Even if your child earns good grades, they may still qualify for a 504 Plan. The law focuses on whether the disability limits functioning, not just academic performance.

3. Examples of 504 Accommodations for ADHD and Anxiety

A strong 504 Plan is individualized — it should reflect your child’s actual needs, not a one-size-fits-all template. Below are common accommodations Illinois schools can (and should) provide for students with ADHD or anxiety:

For ADHD:

• Preferential seating close to the teacher and away from distractions

• Extended time for tests or assignments

• Breaks for movement or self-regulation

• Modified homework or task chunking

• Clear written instructions and daily assignment lists

• Access to fidgets or sensory tools

• Behavioral support or check-ins with a counselor

  
  

For Anxiety Disorders:

• Reduced penalties for class participation or oral presentations

• Access to a quiet space or “cool-down” area when overwhelmed

• Modified attendance expectations for mental health-related absences

• Counseling or social work check-ins

• Permission to leave class for emotional regulation

• Advance notice before transitions or schedule changes

• Reduced testing anxiety supports (e.g., small group, untimed tests)

  
  

4. The 504 Evaluation Process in Illinois

Illinois schools must conduct a formal evaluation before determining Section 504 eligibility. Parents can initiate this process in writing by requesting an evaluation from the school principal, counselor, or 504 coordinator.

The evaluation may include:

• Teacher and parent input

• Review of grades and work samples

• Behavioral and attendance data

• Medical or psychological reports

• Observations or school-based assessments

  
  

Under 34 C.F.R. § 104.35, schools must evaluate students using “a variety of sources,” not a single test or teacher opinion. Schools cannot delay or deny a 504 evaluation by insisting on additional interventions first (such as Response to Intervention (RTI) or MTSS).

5. Common Problems Illinois Parents Face

Even though Section 504 has been law for over 50 years, families still encounter barriers — especially with invisible disabilities like ADHD and anxiety.

A. Denied Eligibility Because of Good Grades

Illinois schools often claim a child doesn’t qualify if they are “performing at grade level.” But that’s not what the law says. The Office for Civil Rights (OCR) has made clear that a student can be eligible if their condition substantially limits life activities even if they’re academically successful.

B. Incomplete or Biased Evaluations

Some schools skip gathering medical or psychological data, rely only on teacher reports, or downplay parent input. That violates the requirement for a comprehensive, individualized evaluation.

C. Failure to Implement the Plan

Many parents discover that teachers never received their child’s 504 Plan or fail to follow it consistently. Repeated failures to implement accommodations may constitute disability discrimination under Section 504.

D. Retaliation or Increased Discipline

A child with ADHD or anxiety might be punished for behaviors directly related to their disability — such as blurting out answers, leaving class, or avoiding stressful situations. If this occurs after a parent requests accommodations, it could be retaliation, which is prohibited under federal law.

6. What Parents Can Do

If you suspect your child needs 504 support or the school is failing to follow the law:

1. Put everything in writing. Request the 504 evaluation in a dated letter or email.

2. Ask for copies of all data used in the eligibility decision.

3. Attend the meeting and bring documentation (doctor’s letters, evaluations, or outside reports).

4. Request a copy of the 504 Plan once finalized and confirm all teachers have received it.

5. Monitor implementation and document when accommodations aren’t followed.

6. If the plan is denied or ignored, you have rights to challenge the decision.

   
   

Parents can:

• Request a 504 due process hearing

• File a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) within 180 days of the violation

• Work with a special education attorney to advocate for enforcement or compensatory remedies

  
  

7. How DV Law Helps Illinois Families

At DV Law, we represent families across Illinois in all areas of education and disability rights, including:

• Section 504 and IEP eligibility disputes

• Failure-to-accommodate cases

• Retaliation and discrimination complaints

• School discipline involving students with ADHD or anxiety

• Denial of FAPE and Child Find violations

  
  

Our attorneys understand how stressful it can be to watch your child struggle while the school delays or minimizes support. We help parents assert their child’s rights — from the initial request for evaluation through negotiation, mediation, or legal action if necessary.

8. Final Thoughts: Protecting Your Child’s Rights Under Section 504

ADHD and anxiety are real, significant conditions that impact learning, behavior, and self-esteem. Section 504 exists to level the playing field, not to label or limit your child. If your Illinois school refuses to evaluate, denies eligibility without justification, or fails to implement a 504 Plan properly, you don’t have to face it alone. Our firm is here to help you understand your rights, gather documentation, and ensure your child receives the support the law guarantees.