Section 504 Plans in Montana
How does Section 504 work in Montana?
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against students with disabilities by school districts receiving federal financial assistance. Critically, the Montana OPI has explicitly stated that it has no authority in administering, regulating, or offering guidance on Section 504 matters. Section 504 is administered and enforced at the federal level by the U.S. Department of Education's Office for Civil Rights (OCR), Denver Regional Office, which has jurisdiction over Montana. Section 504 has a broader eligibility standard than IDEA—it covers any student with a physical or mental impairment that substantially limits a major life activity, even if the student does not need specially designed instruction. Schools must provide students eligible under Section 504 with a free appropriate public education, which typically means developing a Section 504 Accommodation Plan (rather than an IEP). Section 504 plans are not governed by ARM 10.16 or MCA Title 20, Chapter 7, Part 4. Parents who believe a child has been discriminated against under Section 504 must file a complaint with OCR within 180 days of the alleged discrimination. The OCR office serving Montana is the Denver Regional Office. Unlike IDEA, Section 504 does not provide the same due process hearing rights or state complaint procedures—it operates under an OCR complaint framework. Montana parents should contact OCR directly for Section 504 concerns.
What Montana Requires
The Montana OPI has no authority to administer, regulate, or provide guidance on Section 504 matters—Section 504 is exclusively enforced by the federal OCR (Montana OPI Section 504 Page).
Section 504 eligibility is broader than IDEA: any physical or mental impairment substantially limiting a major life activity qualifies, even without need for specially designed instruction.
Section 504 plans (accommodation plans) are not governed by Montana administrative rules; they are school-level documents created under federal Section 504 guidance.
Schools must provide FAPE to Section 504-eligible students, typically through an accommodation plan ensuring equal access.
Section 504 discrimination complaints must be filed with OCR within 180 days of the alleged violation (OCR Denver Regional Office for Montana; 34 CFR 100.7(b)).
Section 504 eligibility determinations must be made by a team knowledgeable about the student, the evaluation data, and placement options (34 CFR 104.35(c)).
Unlike IDEA, Section 504 does not provide state due process hearings or state complaint procedures in Montana—OCR is the enforcement pathway (Montana OPI Section 504 Page; 34 CFR 104.36).
Key Timelines
Section 504 complaints must be filed with OCR within 180 days of the alleged discrimination.
OCR must be contacted if a district fails to provide appropriate Section 504 services—the OPI cannot intervene.