Section 504 Plans in Kentucky
How does Section 504 work in Kentucky?
Section 504 of the Rehabilitation Act of 1973 is a federal anti-discrimination law administered by the U.S. Department of Education's Office for Civil Rights. In Kentucky, 504 plans are not governed by the 707 KAR Chapter 1 regulations (which cover IDEA); instead, Section 504 operates as a civil rights statute under 34 CFR Part 104. Kentucky mandates that each school district appoint a Section 504 Coordinator to assist parents in obtaining 504 plans and to ensure compliance with the district's nondiscrimination obligations. To qualify for a 504 plan in Kentucky, a student must have a physical or mental impairment that substantially limits one or more major life activities — a broader definition than IDEA eligibility. Under the ADA Amendments Act of 2008 (ADAAA), the definition of 'substantially limits' is construed broadly, and major life activities include caring for oneself, performing manual tasks, eating, sleeping, walking, seeing, hearing, breathing, communicating, reading, thinking, concentrating, learning, and the operation of major bodily functions. Students who are found ineligible for an IEP under IDEA may still qualify for a 504 plan. Section 504 plans provide accommodations and may include related services but do not involve the specialized curriculum modifications and individualized specially designed instruction required by IDEA. Kentucky's KDE provides guidance documents specific to 504 implementation in Kentucky schools, and the Kentucky Special Parent Involvement Network (KY-SPIN) offers parent training on 504 rights. Key distinctions from an IEP: 504 plans do not require a formal ARC meeting structure, do not follow the same 707 KAR procedural timelines, and do not mandate annual review in federal law (though Kentucky best practice and many district policies require periodic review). Due process for 504 disputes is handled through OCR complaints or the district's own 504 grievance procedures required by 34 CFR 104.7, not through the IDEA ECAB structure. Students with IEPs are automatically protected by Section 504.
What Kentucky Requires
A student qualifies for a 504 plan if they have a physical or mental impairment substantially limiting one or more major life activities — a broader standard than IDEA eligibility, construed broadly under the ADAAA (34 CFR 104.3(j); 29 U.S.C. § 705(20)).
Kentucky requires each district to appoint a Section 504 Coordinator to assist parents and ensure compliance with nondiscrimination obligations (34 CFR 104.7(a)).
Students found ineligible for an IEP under IDEA must be considered for potential Section 504 eligibility before dismissal from consideration for supports.
Section 504 plans may include accommodations and related services but do not involve the individualized specially designed instruction or formal ARC process required by IDEA.
504 disputes are resolved through OCR complaints or the district's internal 504 grievance procedures required by 34 CFR 104.7 — not through the IDEA due process/ECAB structure.
Students with IEPs are automatically protected by Section 504's anti-discrimination provisions.
Each district must establish and publish a 504 grievance procedure and notify parents and students annually of their nondiscrimination obligations (34 CFR 104.7-104.8).
504 evaluations must draw upon information from a variety of sources and ensure placement decisions are made by persons knowledgeable about the child (34 CFR 104.35(b)-(c)).
Key Timelines
There is no mandated evaluation timeline for 504 in Kentucky law; districts must act within a reasonable timeframe consistent with the child's needs.
Annual review of 504 plans is recommended best practice and required by many Kentucky district policies, though not mandated by federal law.
OCR complaints must be filed within 180 days of the alleged discriminatory act (34 CFR 100.7).
Reevaluation under 504 is required before any significant change in placement (34 CFR 104.35(a)).