Section 504 Plans in Maryland
How does Section 504 work in Maryland?
Section 504 of the Rehabilitation Act of 1973 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 enforced by the U.S. Department of Education Office for Civil Rights (OCR) and Maryland's own civil rights enforcement mechanisms. A student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities — a broader eligibility standard than IDEA. Unlike IEPs, Section 504 plans do not require specialized instruction and focus on accommodations and services to ensure equal access. Key differences in Maryland: IEPs require a qualifying disability under COMAR 13A.05.01.03, while 504 plans cover any qualifying impairment; IEPs are developed by the formal IEP Team, while 504 plans may be developed by a group of knowledgeable persons without IDEA-specific composition requirements; and IEPs include specially designed instruction and related services, while 504 plans provide accommodations and services only. Maryland LEAs are required under federal law to implement Section 504. Parents who disagree with 504 decisions may request an impartial hearing through the LEA's 504 grievance procedures, or file a complaint with the OCR. Students ineligible for an IEP should be evaluated for 504 eligibility if they have a disability that substantially limits a major life activity.
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).
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; 504 plans cover any physical or mental impairment substantially limiting a major life activity (29 U.S.C. § 794; 34 CFR 104.3).
Maryland LEAs must implement Section 504 and provide impartial hearing procedures for parents who disagree with 504 decisions (34 CFR 104.36).
Students ineligible for an IEP should be considered for 504 eligibility if they have a qualifying disability affecting a major life activity (34 CFR 104.33; OCR guidance).
OCR complaints may be filed by parents who believe a Maryland LEA has violated Section 504 (34 CFR 104.61; OCR enforcement authority).
Key Timelines
There is no specific Maryland or federal timeline for completing a 504 evaluation, though it should be completed within a reasonable time.
504 plans have no mandatory annual review requirement under federal law, though periodic review is best practice.
IEPs are reviewed annually (COMAR 13A.05.01.08B) and reevaluated every 3 years (COMAR 13A.05.01.06E), while 504 plans have no equivalent mandates under federal law.
OCR complaints must be filed within 180 days of the alleged discrimination (34 CFR 100.7(b)).