Section 504 Plans in Alaska
How does Section 504 work in Alaska?
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) provides civil rights protections for students with disabilities in Alaska public schools. Section 504 is broader than IDEA: it covers any student who has a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such an impairment, regardless of whether they need special education. A 504 Plan provides accommodations and supports to ensure equal access but does not require the same procedural protections as IDEA. Section 504 is administered in Alaska by individual school districts under their civil rights obligations, with oversight from the U.S. Department of Education Office for Civil Rights (OCR). Students who do not qualify under IDEA may still qualify under Section 504. Alaska districts are responsible for developing and implementing 504 Plans, notifying parents, and providing procedural safeguards including the right to an impartial hearing. Section 504 complaints may be filed with OCR, not with DEED. Alaska's DEED provides guidance to districts on distinguishing Section 504 from IDEA and implementing 504 Plans appropriately.
What Alaska Requires
Section 504 covers students with a physical or mental impairment substantially limiting a major life activity — broader than IDEA's eligibility requirements (29 U.S.C. § 794; 34 CFR Part 104).
Students who do not qualify for an IEP under IDEA may still be eligible for a 504 Plan providing accommodations for equal access.
504 Plans must be developed and implemented by the school district; parents have the right to participate in the process and to an impartial hearing if they disagree (34 CFR 104.36).
Section 504 complaints are filed with the U.S. Department of Education Office for Civil Rights (OCR), not with Alaska DEED.
Alaska districts must ensure that students identified under Section 504 receive meaningful access to education programs and activities.
Key Timelines
Section 504 does not impose the same evaluation timelines as IDEA; however, evaluations must be completed within a reasonable time.
504 Plans should be reviewed periodically, typically annually, to ensure continued appropriateness.
OCR complaints must generally be filed within 180 days of the discriminatory act.