Section 504 Plans in Georgia
How does Section 504 work in Georgia?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance, including all Georgia public schools. A 504 plan is distinct from an IEP under IDEA. In Georgia, a student qualifies for a 504 plan if they: (1) have a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or are regarded as having such impairment; AND (2) the impairment interferes with their ability to learn in a general education classroom. Unlike IDEA eligibility, Section 504 does not require that a child's educational performance be adversely affected — a student receiving good grades may still qualify if they are substantially limited in a major life activity at school. Section 504 has a broader definition of disability than IDEA, which is why students who do not qualify for an IEP may receive a 504 plan. A 504 plan in Georgia typically includes: the student's accommodations, supports, and services; the names or titles of persons providing each service; and the name of the person responsible for ensuring the plan is followed. Accommodations under 504 may include tests read aloud, preferential seating, extended time, magnification tools, reduced written assignments, behavior management plans, and accessible facilities. Parents have the right to consent to or deny evaluations, receive notice of 504 plan changes, review all educational records, and challenge decisions. 504 plans are reviewed annually and reevaluated every three years unless parents consent otherwise. Parents who disagree with 504 decisions may negotiate with the 504 coordinator, request an impartial hearing (written request to coordinator, hearing within 45 days), file a complaint with the U.S. Department of Education Office for Civil Rights (OCR) within 180 days, or pursue litigation in federal court. Each Georgia school district designates a 504 Coordinator to manage the process.
What Georgia Requires
Section 504 prohibits disability discrimination in all Georgia public schools receiving federal funds (29 U.S.C. § 794; 34 CFR Part 104).
Eligibility requires a physical or mental impairment that substantially limits one or more major life activities, with no requirement that educational performance be adversely affected.
Section 504 has a broader disability definition than IDEA — students who do not qualify for IEPs may receive 504 plans.
A 504 plan includes accommodations, supports, services, responsible persons, and a designated plan coordinator.
Parents have the right to consent to evaluations, receive notice of changes, review records, and challenge decisions.
504 plans are reviewed annually and reevaluated every three years unless parents consent otherwise.
Parents may dispute 504 decisions through: negotiation, impartial hearing (within 45 days of request), OCR complaint (within 180 days), or federal court litigation.
Each Georgia school district must designate a Section 504 Coordinator.
Key Timelines
504 plans are reviewed at least annually.
Reevaluation occurs at least every three years unless parents consent to waive.
Impartial hearing must be held within 45 days of parent's written request.
OCR complaint must be filed within 180 days of the alleged violation (or 60 days after a hearing decision).
Disciplinary removals exceeding 10 days require a Manifestation Determination Review for 504 students.