Section 504 Plans in Mississippi
How does Section 504 work in Mississippi?
Section 504 of the Rehabilitation Act of 1973 operates in Mississippi as a federal civil rights law enforced by the U.S. Department of Education's Office for Civil Rights (OCR). Section 504 provides protections for students with disabilities who may not qualify for special education under IDEA but have a physical or mental impairment that substantially limits one or more major life activities. Mississippi school districts are required to identify, evaluate, and provide appropriate services to eligible students under Section 504, including developing 504 accommodation plans. Unlike IEPs under Miss. Code Ann. § 37-23-1 et seq., 504 plans do not require one of IDEA's 13 disability categories and focus on accommodations rather than specialized instruction. Key differences in Mississippi: IEPs require eligibility under a specific disability category and need for special education (Miss. Code Ann. § 37-23-3; MS Sp. Ed. Regs.); 504 plans require only a qualifying impairment substantially limiting a major life activity; and 504 complaints may be filed with OCR (29 U.S.C. § 794; 34 CFR 104). Mississippi districts should consider Section 504 eligibility for students who do not meet IDEA criteria but have a disability with a substantial limitation.
What Mississippi Requires
Section 504 covers students with a physical or mental impairment that substantially limits one or more major life activities — a broader standard than Mississippi's IDEA eligibility criteria (29 U.S.C. § 794; 34 CFR 104.3).
504 plans provide accommodations and modifications without requiring specialized instruction, unlike IEPs (34 CFR 104.33).
Mississippi IDEA eligibility requires a specific disability category, adverse effect on educational performance, and need for special education (Miss. Code Ann. § 37-23-3); 504 does not require any of these additional elements.
504 complaints in Mississippi may be filed with OCR or through the district's 504 grievance process (34 CFR 104.7).
Students who do not meet IDEA eligibility criteria should be considered for Section 504 eligibility if they have a disability substantially limiting a major life activity.
504 plans have no federal-mandated annual review deadline, though periodic review is best practice; IDEA IEPs require annual review (34 CFR 300.324(b)).
Key Timelines
There is no federal-mandated deadline for completing a Section 504 evaluation, but it must be completed within a reasonable time.
Section 504 plans have no mandatory annual review under federal law, though annual review is recommended best practice.
IDEA IEPs require annual review (34 CFR 300.324(b)) and triennial reevaluation (34 CFR 300.303); 504 plans have no equivalent mandated timelines.