Section 504 Plans in Colorado
How does Section 504 work in Colorado?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law enforced by the U.S. Department of Education's Office for Civil Rights (OCR) that provides protections for students with disabilities who do not qualify for IDEA special education services. In Colorado, students who do not meet the ECEA eligibility criteria may still be entitled to accommodations and services under Section 504 if they have a physical or mental impairment that substantially limits a major life activity including learning. The Colorado Department of Education provides guidance on Section 504 implementation, and each AU is responsible for implementing Section 504 consistent with federal requirements. Colorado's Abbreviated School Day Schedule policy (1 CCR 301-8, §8.01(1)(j)(v)) explicitly applies to students with 504 plans as well as students with IEPs, making Colorado's abbreviated schedule protections broader than in many states. Section 504 complaints about public schools are filed with OCR, not with the CDE's IDEA complaint process.
What Colorado Requires
Students who do not qualify for IDEA special education services may still be entitled to a 504 Plan if they have a physical or mental impairment that substantially limits a major life activity (29 U.S.C. §794; 34 CFR Part 104).
Section 504 prohibits discrimination on the basis of disability in programs receiving federal financial assistance, including all Colorado public schools (29 U.S.C. §794).
Section 504 complaints about public schools are filed with the U.S. Department of Education's Office for Civil Rights, not with the Colorado Department of Education (34 CFR 104.61).
Colorado's Abbreviated School Day Schedule policy explicitly applies to students with 504 plans as well as IEPs — schools must apply the same abbreviated schedule protections regardless of which plan the student has (1 CCR 301-8, §8.01(1)(j)(v)(II)).
A student who is exited from special education under IDEA may still require and be entitled to a Section 504 plan based on a continuing disability (29 U.S.C. §794).
Key Timelines
Section 504 complaints must be filed with OCR within 180 calendar days of the alleged discriminatory act (34 CFR 100.7(b)).
Section 504 plans must be reviewed periodically and updated to meet the student's current needs (34 CFR Part 104).