Section 504 Plans in Delaware
How does Section 504 work in Delaware?
Section 504 of the Rehabilitation Act of 1973 is a separate civil rights law from IDEA and is administered differently in Delaware. Section 504 is not an educational special education regulation under 14 Del. Admin. Code 925; rather, it is enforced by the U.S. Department of Education Office for Civil Rights (OCR) under 34 CFR Part 104. Delaware school districts must have Section 504 procedures in place to identify and provide accommodations for students who have a physical or mental impairment that substantially limits one or more major life activities, regardless of whether they need special education. A student who does not qualify for IDEA services may still be eligible for a 504 Plan. Section 504 eligibility does not require the disability to adversely affect educational performance in the same way IDEA does — it only requires a substantial limitation on a major life activity (34 CFR 104.3(j)). Unlike IDEA, Section 504 does not require written consent for evaluation or placement, though best practices recommend it. Delaware's DDOE provides guidance to districts on implementing both IDEA and 504 concurrently. A 504 plan is not an IEP and does not carry IDEA procedural safeguards, though it must include a grievance process.
What Delaware Requires
Section 504 applies to any student with a physical or mental impairment that substantially limits one or more major life activities, regardless of IDEA eligibility (34 CFR 104.3(j); 29 U.S.C. § 794).
A student who does not qualify for IDEA services but has a qualifying disability under Section 504 is entitled to a 504 Plan providing appropriate accommodations and services at no cost (34 CFR 104.33).
Section 504 eligibility is broader than IDEA — it does not require the disability to adversely affect educational performance, only that a major life activity is substantially limited (34 CFR 104.3(j)).
Delaware school districts must have written Section 504 procedures and a designated 504 coordinator to ensure compliance (34 CFR 104.7).
Section 504 complaints may be filed with the U.S. DOE Office for Civil Rights (OCR), not DDOE; OCR has jurisdiction over Section 504 disputes (34 CFR 104.7(b); 29 U.S.C. § 794).
A student with both an IEP and potential 504 needs is covered under IDEA, which provides greater procedural protections; 504 plans are not appropriate for IDEA-eligible students receiving special education.
Key Timelines
Section 504 does not impose specific federal evaluation or IEP-development timelines, but districts must evaluate students in a reasonable time after a referral (34 CFR 104.35).
504 plans must be reviewed periodically; annual review is best practice, though not federally mandated (34 CFR 104.33).