Section 504 Plans in Maryland
How does Section 504 work in Maryland?
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) is a federal anti-discrimination law that provides protections for students with disabilities who may not qualify for special education under IDEA. In Maryland, COMAR 13A.05.01 governs IDEA-based special education, while Section 504 is a separate federal mandate implemented through 34 CFR Part 104 and enforced by the U.S. Department of Education Office for Civil Rights (OCR). A student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities (including learning, reading, concentrating, thinking, communicating, and working) — a broader eligibility standard than IDEA, which requires both a qualifying disability and a need for specially designed instruction (34 CFR 104.3(j)). Unlike IEPs, 504 plans do not require specially designed instruction and instead focus on accommodations, services, and modifications to ensure equal access to education. Key differences in Maryland: IEPs require a qualifying disability under one of 13 categories in COMAR 13A.05.01.03, while 504 plans cover any qualifying physical or mental impairment; IEPs are developed by the formal IEP Team under COMAR 13A.05.01.07, while 504 plans may be developed by a group of knowledgeable persons (34 CFR 104.35(c)) without IDEA-specific composition requirements; IEPs include specially designed instruction and related services with the full panoply of IDEA procedural safeguards, while 504 plans provide accommodations and services with Section 504 due process protections. Maryland LEAs are required under federal law to designate a Section 504 coordinator, adopt grievance procedures, and implement 504 plans. Parents who disagree with 504 decisions may request an impartial hearing through the LEA's 504 grievance procedures (34 CFR 104.36), or file a complaint with the OCR within 180 calendar days of the alleged discrimination (34 CFR 100.7(b)). Students found ineligible for an IEP should be referred for 504 evaluation if they have a disability that substantially limits a major life activity. Maryland MSDE provides guidance to LEAs on 504 implementation, including model 504 plan forms and coordinator training.
What Maryland Requires
Section 504 applies to students with a physical or mental impairment substantially limiting one or more major life activities — a broader standard than IDEA (29 U.S.C. § 794; 34 CFR 104.3(j)).
504 plans provide accommodations and services but do not require specially designed instruction, unlike IEPs (34 CFR 104.33).
IEPs require a qualifying disability under COMAR 13A.05.01.03 (13 categories); 504 plans cover any physical or mental impairment substantially limiting a major life activity (29 U.S.C. § 794; 34 CFR 104.3(j)).
Maryland LEAs must designate a Section 504 coordinator, adopt grievance procedures, and implement 504 plans (34 CFR 104.7; 34 CFR 104.36).
Students found ineligible for an IEP should be referred for 504 evaluation if they have a qualifying disability affecting a major life activity (34 CFR 104.35; MSDE guidance).
OCR complaints may be filed by parents who believe a Maryland LEA has violated Section 504 within 180 calendar days (34 CFR 100.7(b)).
Parents who disagree with 504 decisions may request an impartial hearing through the LEA's 504 grievance procedures (34 CFR 104.36).
Key Timelines
There is no specific Maryland or federal timeline for completing a 504 evaluation, though it must be completed within a reasonable time frame.
504 plans should be reviewed periodically (at least annually is best practice) and before any significant change of placement (34 CFR 104.35(a)).
IEPs are reviewed annually (COMAR 13A.05.01.08(B)) and reevaluated every 3 years (COMAR 13A.05.01.06(E)); 504 plans require periodic reevaluation (34 CFR 104.35(a)).
OCR complaints must be filed within 180 calendar days of the alleged discrimination (34 CFR 100.7(b)).