Section 504 Plans in California
How does Section 504 work in California?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits disability discrimination in programs receiving federal financial assistance. In California, Section 504 and IDEA operate as parallel but distinct systems. A student who does not qualify for special education under IDEA may still be eligible for a 504 Plan if the student has a physical or mental impairment that substantially limits one or more major life activities (29 U.S.C. §794; 34 CFR 104.3(j)). Major life activities include learning, reading, concentrating, thinking, communicating, walking, breathing, and other functions. A 504 Plan provides accommodations and modifications in the general education setting to ensure equal access. Key differences between a 504 Plan and an IEP: Section 504 has a broader eligibility definition (any substantial limitation of a major life activity), while IDEA requires both a qualifying disability category and a need for specially designed instruction. A 504 Plan provides accommodations but does not include specialized instruction or DIS services, and cannot be funded through IDEA Part B dollars. Section 504 has no specific calendar-day evaluation timelines equivalent to IDEA's 60-day window; however, the evaluation must be conducted in a timely manner. California districts must designate a Section 504 coordinator responsible for compliance (34 CFR 104.7(a)). Parents have the right to notice, evaluation, placement decisions made by knowledgeable persons, periodic reevaluation, and an impartial hearing under Section 504 (34 CFR 104.35-104.36). Important California-specific note: recording a 504 meeting in California requires all-party consent under California Penal Code §632, unlike the 24-hour-notice rule that applies to IEP meetings under EC 56341.1(g). The Office for Civil Rights (OCR) within the U.S. Department of Education enforces Section 504 in schools. California's Uniform Complaint Procedures (5 CCR 4600-4671) can also be used for Section 504 discrimination complaints filed with the CDE.
What California Requires
A student is eligible for a 504 Plan if the student has a physical or mental impairment that substantially limits one or more major life activities (29 U.S.C. §794; 34 CFR 104.3(j)).
Section 504 has a broader eligibility definition than IDEA—a student can qualify for 504 even if they do not meet IDEA eligibility criteria.
A 504 Plan provides accommodations and modifications in the general education setting; it does not typically provide specialized instruction or DIS services.
Each district must designate a Section 504 coordinator responsible for compliance (34 CFR 104.7(a)).
Parents have the right to notice, evaluation, placement decisions made by knowledgeable persons, and an impartial hearing under Section 504 (34 CFR 104.36).
Section 504 complaints may be filed with the Office for Civil Rights (OCR) or through California's Uniform Complaint Procedures (5 CCR 4600-4671).
Key Timelines
Section 504 does not prescribe specific day-count timelines like IDEA; evaluations and placement must be conducted in a timely manner.
504 Plans should be reviewed periodically (best practice is annually) and before any significant change in placement (34 CFR 104.35(a)).
OCR complaints must be filed within 180 days of the alleged discriminatory action (34 CFR 104.61; 34 CFR 106.71).