Section 504 Plans in Arkansas
How does Section 504 work in Arkansas?
In Arkansas, Section 504 of the Rehabilitation Act is administered separately from IDEA. Arkansas DESE's Equity Assistance Center (EAC) and Compliance Assistance Center (CAC) provide technical assistance to districts on Section 504 implementation. The 2022 DESE Section 504 Guidance Manual outlines LEA responsibilities for identification, evaluation, and accommodation of students with disabilities under Section 504. Section 504 provides a broader eligibility standard than IDEA: a student is eligible if they have a physical or mental impairment that substantially limits a major life activity, regardless of whether they need specially designed instruction. Section 504 plans provide accommodations to ensure equal access but do not require the structured IEP document. A Section 504 team — which need not follow IDEA's IEP team composition rules — determines eligibility based on a review of data; a physician's diagnosis may be considered but does not control the team's decision. Re-evaluation is required periodically (typically every three years) or before a significant change in placement. When a student with an IEP also has Section 504-eligible conditions, the IEP governs special education services, and Section 504 rights run concurrently. Parents have the right to file a Section 504 complaint with the U.S. Department of Education Office for Civil Rights (OCR).
What Arkansas Requires
Section 504 eligibility requires a physical or mental impairment that substantially limits a major life activity — a lower threshold than IDEA's requirement for specially designed instruction (29 U.S.C. § 794; Arkansas DESE Section 504 Manual 2022).
A physician's medical diagnosis may inform the 504 team's decision but does not dictate eligibility; the team determines substantial limitation based on all available data (Arkansas DESE Section 504 Manual 2022).
Arkansas LEAs must evaluate students suspected of having a Section 504 disability; evaluation must be at no cost to the parent (Arkansas DESE Section 504 Implementation Guidance).
Section 504 re-evaluation is required periodically (typically every three years) and before any significant change in placement (Arkansas DESE Section 504 Manual 2022).
Students with an IEP have both IDEA and Section 504 protections; the IEP governs special education services; Section 504 provides additional nondiscrimination protections (34 CFR Part 104).
Parents may file a Section 504 complaint with the U.S. Department of Education Office for Civil Rights (OCR) — not with DESE (29 U.S.C. § 794a).
Arkansas DESE requires each LEA to designate a Section 504 coordinator and establish grievance procedures for Section 504 complaints (Arkansas DESE Section 504 Implementation Guidance).
Arkansas testing accommodation policies for Section 504 students follow DESE assessment guidelines; 504 plans must specify any accommodations for state assessments (ACT Aspire), and these must be consistent with accommodations used in daily instruction (Arkansas DESE Section 504 Manual 2022).
Key Timelines
Section 504 re-evaluation typically every three years or before significant change in placement (Arkansas DESE Section 504 Manual 2022).
OCR complaints must generally be filed within 180 days of the alleged discrimination (34 CFR 100.7).