Section 504 Plans in Kansas
How does Section 504 work in Kansas?
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 funding, including Kansas public schools. A student who has a physical or mental impairment that substantially limits one or more major life activities may qualify for a 504 plan in Kansas even if they do not meet IDEA eligibility criteria. A 504 plan provides accommodations and services to ensure equal access to education without the individually tailored specially designed instruction of an IEP. Kansas does not have separate state-level 504 regulations beyond federal requirements at 34 CFR Part 104. Key distinctions in Kansas: (1) IDEA eligibility requires a disability in one of 13 categories that adversely affects educational performance and necessitates special education; 504 eligibility requires only a substantially limiting impairment; (2) IEPs are governed by K.A.R. 91-40 and K.S.A. Chapter 72; 504 plans are governed by federal Section 504 rules; (3) IEPs are reviewed annually; 504 plans are typically reviewed every three years; (4) IDEA provides more robust procedural safeguards, including due process; 504 complaints are filed with the Office for Civil Rights (OCR). Students found ineligible for an IEP may still qualify for a 504 plan and should be considered for 504 eligibility.
What Kansas Requires
504 plan eligibility requires only a physical or mental impairment that substantially limits a major life activity — no IDEA disability category needed (34 CFR Part 104).
504 plans provide accommodations and equal access but do not include individually designed specially designed instruction as IEPs do.
Kansas does not have separate state 504 regulations; districts follow federal Section 504 guidance (34 CFR Part 104).
Students found ineligible for special education under IDEA may still qualify for a 504 plan and should be referred for 504 evaluation.
Section 504 complaints are filed with the U.S. Department of Education Office for Civil Rights (OCR), not KSDE.
504 plans should be reviewed periodically (typically every 3 years) or when there is a significant change in the student's needs.
Key Timelines
504 evaluations must be completed within a reasonable timeframe; there is no specific federal or Kansas state deadline.
504 plans are reviewed periodically, typically every three years or upon significant change in needs.
Students transitioning from an IEP to a 504 plan should have the 504 plan in place before IDEA services are discontinued.