Section 504 Plans in Minnesota
How does Section 504 work in Minnesota?
Section 504 of the Rehabilitation Act of 1973 is a federal anti-discrimination statute that in Minnesota, as elsewhere, provides protections for students with disabilities who may not qualify for special education under IDEA but still need accommodations to access education equally. 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 standard than IDEA eligibility. Minnesota's special education statutes (Minn. Stat. Chapter 125A) and Minn. R. 3525 govern IDEA-based services; Section 504 plans are a separate parallel track enforced by the U.S. Department of Education Office for Civil Rights (OCR). Unlike IEPs, Section 504 plans do not require one of Minnesota's disability categories and focus on accommodations rather than specialized instruction. Key differences: IEPs require classification under one of Minnesota's disability categories and need for special education (Minn. R. 3525.2710); 504 plans cover any qualifying impairment with a substantial limitation; IEPs must be reviewed annually and reevaluated every three years, while 504 plans have no federal mandatory review schedule; IEPs are developed by the IEP team under Minn. R. 3525.2810, while 504 plans may be developed by any group of knowledgeable persons. Minnesota's one-party recording consent law (Minn. Stat. § 626A.02) applies to 504 meetings as well as IEP meetings — parents may record without prior notice to the school.
What Minnesota Requires
Section 504 applies to students with a physical or mental impairment that substantially limits one or more major life activities — a broader standard than Minnesota's IDEA eligibility (29 U.S.C. § 794; 34 CFR 104.3).
504 plans provide accommodations and modifications but do not require specialized instruction, unlike IEPs (34 CFR 104.33).
Minnesota IEPs require eligibility under a Minnesota disability category and need for special education (Minn. R. 3525.2710); 504 plans cover any qualifying impairment.
504 plans have no mandatory annual review or triennial reevaluation under federal law, though periodic review is best practice.
Students who do not meet Minnesota's special education eligibility criteria should be considered for Section 504 eligibility if they have a disability substantially limiting a major life activity.
Section 504 complaints in Minnesota may be filed with OCR (U.S. DOE) or addressed through the district's 504 grievance process.
Minnesota's one-party recording consent law (Minn. Stat. § 626A.02) allows parents to record 504 meetings without prior notice to the district.
Key Timelines
There is no federal or Minnesota-specific deadline for completing a 504 evaluation, but it must be completed within a reasonable time.
504 plans have no mandatory annual review requirement under federal law, though annual review is recommended best practice.
IEPs require annual review (Minn. R. 3525.3100) and triennial reevaluation (Minn. R. 3525.2710, subp. 2); 504 plans have no equivalent mandated timelines.