Use Section 504 authority rather than substituting IDEA

Section 104.33 requires a recipient that operates a public elementary or secondary education program or activity to provide FAPE to each qualified person with a disability in its jurisdiction. That recipient-and-program scope matters. The rule does not by itself establish that the same plan or services continue after every change to homeschooling.

34 CFR § 104.33: Free appropriate public education

Ask whether the proposed action is a significant change in placement

Section 104.35 requires an evaluation before an initial placement and before a subsequent significant change in placement. Do not declare from this page that a particular withdrawal, enrollment option, part-time arrangement, or homeschool classification is or is not such a change. Ask the responsible recipient for its written determination and procedural route before acting.

34 CFR § 104.35: Evaluation and placement

Separate four transition questions

Verify the state’s homeschool notice and attendance rules, the current school or recipient’s Section 504 process, any separate district access or service options, and the family’s home support plan as four different matters. A district answer about Section 504 does not replace state homeschool guidance, and a home support does not create public-school obligations.

Original transition record: plan, authority, and home support

Use the record to preserve facts and open questions. It is not a Section 504 plan, evaluation, placement decision, request, consent form, or legal opinion.

LaneWhat to record
Current school record504 plan, evaluations, notices, accommodations, responsible coordinator, and dates
Proposed arrangementWithdrawal or enrollment facts, effective date, part-time or program participation if any
Authority answerState homeschool source plus district or recipient’s written Section 504 response
Home access supportTask, barrier, support, person responsible, observed response, and review date
Re-entry or future changeRecords to keep and current contact for reevaluation, placement, or re-entry questions

Preserve useful supports without overstating status

A family may continue tools such as alternate formats, breaks, accessible seating, or scheduling changes when appropriate for the learner. Label the document as a home access plan and record what was actually used. Verify testing, funding, provider, and future school accommodations through the authority that controls each decision.

FREE NEXT STEP

Before You Withdraw: Records & Questions Checklist

Preserve useful records and identify the questions that require an official source before enrollment status changes.

Get this free planning tool

PATH TO SUCCESS

Choose the level of support your family needs next

Sources for this page

Sections 104.33 and 104.35 support the public-recipient FAPE and evaluation/placement boundaries stated here; they do not establish one nationwide homeschool classification, services result, or transition procedure. Any checklist or comparison record on this page is original SEH editorial material, not an official form, legal opinion, validated assessment, funding decision, provider verification, or outcome guarantee. This revision remains pending educator review; verify the current facts for the learner, education arrangement, program, and provider before acting.

Ledger access date: 2026-09-11

Official checks before you act

Because homeschool law, special education services, and funding rules vary, verify requirements with your state education department, local district, official ESA or scholarship program, and qualified providers. Keep screenshots or PDFs of official guidance with your records.

Frequently asked questions

Does a school 504 plan automatically continue in homeschool?

Do not assume that it does. The cited rules describe duties in recipient-operated public programs; ask the responsible recipient and state authority how the proposed arrangement changes the applicable process.

Is leaving school always a significant change in placement under Section 504?

This page does not make that legal determination. Section 104.35 addresses evaluation before a significant change; request the recipient’s written answer for the actual proposed action.

Can I still use the accommodations at home?

Families can document and use appropriate access supports in home instruction, but a parent-created record should not be presented as an active school-issued 504 plan or a promise of public services.