Section 504 Plans in Alabama
How does Section 504 work in Alabama?
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) operates parallel to but distinctly from IDEA in Alabama schools. Under Section 504, a student is eligible if they have a physical or mental impairment that substantially limits one or more major life activities — a broader eligibility standard than IDEA. Section 504 requires Alabama LEAs to provide FAPE to each qualified student with a disability through regular or special education, related aids and services, and reasonable accommodations. Unlike IDEA, Section 504 does not require specially designed instruction as a prerequisite. Accommodations and services are typically documented in a written Section 504 plan. ALSDE has published guidance specifically on Section 504 in connection with the Alabama Literacy Act, as reading disabilities that don't qualify for IDEA may still qualify under Section 504. Section 504 protections also extend into higher education and employment, unlike IDEA which ends at age 21 or graduation. Alabama LEAs are responsible for their own 504 grievance procedures.
What Alabama Requires
Section 504 eligibility is broader than IDEA: a student qualifies with any physical or mental impairment substantially limiting one or more major life activities, without requiring specially designed instruction (29 U.S.C. § 794; 34 CFR Part 104).
Alabama LEAs must provide FAPE under Section 504 through regular or special education, related aids and services, and accommodations, designed to meet individual needs to the same extent as those of nondisabled students (34 CFR 104.33).
ALSDE has issued specific guidance on Section 504 in connection with the Alabama Literacy Act for students with reading disabilities who may not qualify under IDEA but may qualify under Section 504 (ALSDE Section 504 Guide).
Section 504 accommodations are typically documented in a written 504 Plan; LEAs are responsible for establishing local 504 grievance procedures (34 CFR 104.7).
IDEA services are not required to satisfy Section 504 FAPE obligations; a student can have a 504 Plan even if they do not qualify for an IEP (34 CFR Part 104).
Alabama has no state-level Section 504 regulation — the state relies entirely on federal 34 CFR Part 104. OCR is the sole complaint mechanism for 504 violations in Alabama.
Under the Alabama Literacy Act (Ala. Code § 16-6G-1 et seq.), students retained under the third-grade retention requirement may qualify for Section 504 accommodations if they have a reading disability (e.g., dyslexia) that substantially limits learning; students with IEPs or 504 plans may qualify for the good-cause retention exemption.
Students with 504 plans are eligible for ACAP assessment accommodations per ALSDE’s Accessibility Supports and Accommodations Policy (ASAP) manual.
Key Timelines
Section 504 does not specify the same evaluation timelines as IDEA; LEAs must evaluate students within a reasonable time (34 CFR 104.35).
Section 504 plans must be reviewed periodically; no federally mandated annual review, but ALSDE guidance recommends regular review (34 CFR Part 104).