504 Plans and IEPs for School Refusal

School refusal itself is not a disability category, so there is no 504 plan or IEP "for school refusal." What can make a student eligible is the condition behind it. Anxiety, depression or another condition that is keeping your child out of school may make them eligible for a Section 504 plan or, if they meet a special education category and need special education, an Individualized Education Program (IEP).

Whether your child is eligible is decided by the school team after an evaluation, not by a diagnosis alone and not by this article.

This is general information, not legal advice. District procedures differ, so check yours.

504 plan vs. IEP in plain language

Both are written plans from a public school for a student with a disability, under different laws.

Section 504 covers a student with a physical or mental impairment that substantially limits one or more major life activities. The U.S. Department of Education's Office for Civil Rights (OCR) says an impairment "does not need to prevent, or significantly or severely restrict" an activity to count.

An IEP is for a student who meets one of the disability categories in special education law and needs specially designed instruction or services. A student who does not meet IEP criteria may still be eligible under Section 504.

How to request an evaluation in writing

You can start either process yourself. Colorado's rule says a special education referral may be initiated by the parent of the child (ECEA Rule 4.02(3)(a)(ii)), and the federal rule also lets a parent request an initial evaluation (34 C.F.R. 300.301(b)). For Section 504, OCR says a school's duties include identifying and evaluating a student who needs, or is believed to need, services because of a disability (34 C.F.R. 104.35).

Put the request in an email or letter so there is a date on it. Keep it short:

• Your child's name, grade and school
• How much school has been missed, and any diagnosis you are willing to share
• The request itself: "I am requesting an evaluation for eligibility under Section 504 and for special education"
• A request for the consent form and the name of the person who will handle it

The Colorado timeline, and when the clock starts

For special education, Colorado's rule says the initial evaluation "shall be completed within 60 calendar days from the point of initiation of the special education referral" (ECEA Rule 4.02(3)(c)). Under that rule, the clock starts when the school has received your request and you have given written consent to the evaluation. It does not start on the date of your first email.

So ask for the consent form in the same message and keep a dated copy. After the evaluation, the eligibility meeting must be held "within a reasonable time" (Rule 4.02(6)(a)(i)).

For Section 504, the sources we reviewed do not give a day count. Ask the district's 504 coordinator what its timeline is and get the answer in writing.

Colorado's Serious Emotional Disability category

For students whose school avoidance comes from anxiety or depression, the IEP category most often discussed is Serious Emotional Disability (SED). The current rule is ECEA Rule 2.09(3), 1 CCR 301-8.

The rule describes a child whose emotional or social functioning prevents them from receiving reasonable educational benefit from general education. The characteristics it lists include "a general pervasive mood of unhappiness or depression" and "a tendency to develop physical symptoms or fears associated with personal or school problems," shown over a long period of time.

The rule then requires four qualifiers to be documented:

• A variety of interventions were tried in general education and the child still cannot benefit
• The indicators exist to a marked degree
• The indicators are pervasive and observable in at least two settings, one of which is school for a child who is attending
• The indicators are not isolated incidents or short-lived, situational responses to stress

This is why a diagnosis alone does not settle IEP eligibility, and why it makes sense to ask about Section 504 at the same time.

What the OCR fact sheets say about anxiety and depression

In September 2024, OCR published two fact sheets on Section 504 protections, one for students with anxiety disorders and one for students with depression. They are guidance, not regulations, and were still posted when we checked on October 1, 2026.

• The anxiety fact sheet says a student with an anxiety disorder "can be a student with a disability" under Section 504 if the disorder substantially limits a major life activity.
• It says a school "may, however, always accept that a student has a disability without any documentation or medical tests."
• Its examples of possible modifications include letting a student make up work without penalty and excusing late arrivals and absences when symptoms get in the way, plus testing alone or with extra time, alternatives to large-group activities and extra breaks.
• The depression fact sheet notes that students with depression "may exhibit anxiety, irritability, or refuse to go to school."

These are OCR's examples of what Section 504 can cover. They do not decide what any one student receives.

Accommodations you can ask about for school avoidance

These are examples to raise with the team, not entitlements. The right mix depends on what is making school hard for your child.

• A late-arrival or soft-start plan: arriving after the hallway rush, with the time moved earlier in steps
• A named safe adult: one staff member who meets your child at the door
• A pass to a quiet space: a set place to go for a short, time-limited break, followed by a return to class
• A modified schedule during re-entry: starting with selected classes or partial days and adding more on agreed dates
• Reduced or prioritized make-up work: essential assignments only, with extended deadlines
• Alternatives to presentations: presenting to the teacher alone at first

One Colorado rule is worth knowing if a shortened day is on the table. The ECEA rules say a child with a disability "appropriately placed on an Abbreviated School Day Schedule by an IEP or 504 Team" may not be considered truant or chronically absent based solely on that schedule (Rule 8.01(1)(j)(iii)(II)). For how absences are treated otherwise, see Colorado attendance law and school refusal.

What a therapist's letter can and cannot do

A letter from the clinician treating your child can be useful evidence. It can state the diagnosis, describe how symptoms show up at school and suggest supports that fit the treatment plan.

It cannot decide the outcome. Eligibility and the content of a plan are decisions for the school team. Nor does it settle how an absence is coded: what documentation a school accepts is set by district policy.

Mountainside Behavioral Health does not provide the psychological or educational testing that schools use to determine eligibility for a 504 plan or an IEP. That evaluation is done by the school district.

If the school says no

Start by asking for the decision and the reasons in writing.

• For Section 504: federal rules require a district with fifteen or more employees to designate a person to coordinate its compliance (34 C.F.R. 104.7(a)). CDE directs families to the district's Section 504/ADA coordinator.
• Beyond the district: CDE states that Section 504 is enforced by the federal Office for Civil Rights, not by CDE, and lists OCR's phone number as 303-844-5695.
• For special education: ask the district for a written explanation of your options when you disagree with an evaluation or eligibility decision. An education attorney can explain the formal dispute procedures that apply.

Our guide on how to talk to the school covers informal supports a school can put in place without a formal plan.

Keeping accommodations from becoming avoidance

Anxiety eases when a feared situation is avoided, and that relief makes the next attempt harder.

Supports that help a child be at school tend to share a few features.

• They are tied to attendance: the quiet room is a ten-minute stop on the way back to class, not a place to spend the day
• They have a step-down date: late arrival moves earlier on a schedule, and partial days grow
• They match the therapy plan: the steps at school line up with the exposure steps your child is practicing

Our gradual return-to-school plan shows how to sequence those steps, and CBT with gradual exposure is the kind of therapy they are usually built around.

If your child talks about wanting to die, is harming themselves, or you are worried about their safety, call or text 988 to reach the 988 Colorado Mental Health Line (free, confidential, 24/7). If anyone is in immediate danger, call 911.

Frequently asked questions

Related reading

• Colorado attendance law and school refusal
• How to talk to the school
• A gradual return-to-school plan
• Denver-area school district attendance contacts
• School refusal and anxiety
• CBT for Teens: Helping Denver Adolescents Build Healthy Thinking Habits

All school refusal resources →

This page is general education, not medical or legal advice, and it does not replace an evaluation by a licensed professional who knows your child. Laws, district policies and program details change; confirm them with your school district or the organization named.