Section 504 Plans in Massachusetts
How does Section 504 work in Massachusetts?
Section 504 of the Rehabilitation Act (29 U.S.C. § 794) is a federal civil rights law protecting students with disabilities who may not qualify for special education under IDEA but who have a physical or mental impairment that substantially limits a major life activity. In Massachusetts, Section 504 plans are developed and overseen by a '504 Team' (distinct from the special education IEP Team) and are documented in a written 504 Plan rather than an IEP. Unlike IEPs, 504 plans are not governed by 603 CMR 28.00; they fall under federal 504 regulations (34 CFR Part 104) and each district's own 504 policies. Dispute resolution for 504 issues does not go through the BSEA (which handles IDEA cases); parents may file a complaint with the U.S. Department of Education Office for Civil Rights (OCR) or pursue the district's local 504 grievance process. MA DESE oversees district compliance with Section 504 through Program Quality Assurance, but OCR is the primary federal enforcement agency. Students may have a 504 plan without an IEP, and both can protect students in post-secondary education and employment.
What Massachusetts Requires
Section 504 protects students with a physical or mental impairment that substantially limits a major life activity, including learning, reading, concentrating, thinking, communicating, or caring for oneself; qualification does not require specially designed instruction, only that the disability substantially limits a life activity (34 CFR § 104.3(j)).
504 plans in Massachusetts are developed by a '504 Team' — distinct from the special education IEP Team — and documented in a written 504 Plan; the plan must describe specific accommodations, modifications, and supports to ensure equal access to the educational program (34 CFR Part 104; district 504 policy).
Section 504 dispute resolution is separate from IDEA/BSEA procedures: parents may file a complaint with the U.S. Department of Education Office for Civil Rights (OCR) or use the district's internal 504 grievance process; the BSEA does not have jurisdiction over Section 504 disputes (34 CFR § 104.36).
Schools must evaluate students suspected of having a disability under Section 504 before determining eligibility; parents have the right to participate in evaluation and placement decisions and must be notified of their procedural rights (34 CFR §§ 104.34–104.36).
Students transitioning out of special education (IDEA) retain protections under Section 504 if they continue to have a disability that substantially limits a major life activity; schools must review whether a 504 plan is appropriate when a student exits special education.
Key Timelines
Section 504 plans must be reviewed periodically — at least annually is best practice — by the 504 Team; there is no state-mandated timeline, unlike IDEA's annual IEP requirement (34 CFR Part 104).
OCR complaints must be filed within 180 days of the discriminatory act (extended to 60 days from a district's grievance decision); OCR typically resolves complaints within 60–90 days for informal resolution or 180 days for investigations (34 CFR § 104.61; OCR procedures).
Parents may request a 504 Team meeting at any time to discuss plan modifications; no specific waiting period applies under state or federal law.
If a student exits special education and a 504 plan may be needed, the district should complete the 504 evaluation before IDEA services end to ensure continuity of supports.