Section 504 Plans in Florida

How does Section 504 work in Florida?

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and its implementing regulations at 34 CFR Part 104 apply to all Florida public school districts receiving federal financial assistance. Section 504 prohibits discrimination against individuals with disabilities and requires schools to provide a free appropriate public education (FAPE) to qualified students with disabilities. Section 504 uses a broader definition of disability than IDEA: a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment (34 CFR §104.3(j)). Because of this broader definition, students who do not qualify for ESE services under IDEA may still be eligible for accommodations under a Section 504 plan. In Florida, the FDOE Bureau of Exceptional Education and Student Services (BEESS) requires school districts to maintain clear policies for identifying and serving students eligible under Section 504 (FDOE, 'A Parent and Teacher Guide to Section 504'). Each Florida school district must designate a Section 504 coordinator (sometimes called a 504 liaison) responsible for ensuring compliance with Section 504 obligations (34 CFR §104.7; FDOE Section 504 FAQ). A Section 504 plan provides accommodations to remove barriers to accessing the general education curriculum — such as testing accommodations, preferential seating, extended time, or modified assignments — but does not typically include modifications to the curriculum itself or specialized instruction (FDOE Section 504 FAQ). Unlike an IEP, Section 504 does not require a written plan by federal law, but documentation of evaluations and accommodations is strongly recommended and practiced in Florida districts (FDOE Section 504 FAQ). In Florida, a student may have both a Section 504 plan and an IEP; when both exist, the 504 accommodations are incorporated into the IEP. Section 504 evaluations are less prescriptive than IDEA evaluations and may rely on existing data, teacher observations, medical records, or other documentation. Section 504 procedural safeguards in Florida include notice, an opportunity for the parent to examine relevant records, an impartial hearing with participation by the parent and representation by counsel, and a review procedure (34 CFR §104.36). Unlike IDEA, Section 504 does not provide for attorney's fees awards, specific timelines for evaluations, or the same level of federal monitoring. Students with Section 504 plans in Florida are entitled to appropriate accommodations on statewide assessments (FAST), consistent with their 504 plan documentation, under the same FDOE Statewide Assessments Accommodations Guide that governs IEP accommodations. Parents may file complaints about Section 504 violations with the U.S. Department of Education Office for Civil Rights (OCR), which has jurisdiction over Section 504 compliance in Florida schools. Florida's one-party recording consent law (F.S. §934.03) permits parents to record Section 504 meetings without the consent of school district personnel.