Section 504 Plans in Nevada
How does Section 504 work in Nevada?
Section 504 of the Rehabilitation Act of 1973 provides protections in Nevada, as elsewhere, for students with disabilities who may not qualify for special education under IDEA but still need accommodations to access education on an equal basis. 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 Nevada's IDEA eligibility criteria. Nevada school districts and charter schools are required to provide equal educational opportunity to students with qualifying disabilities under Section 504 and the Americans with Disabilities Act (ADA). Unlike IEPs, 504 plans do not require one of Nevada's special education disability categories or a need for specialized instruction. Key differences in Nevada: IEPs require eligibility under NAC 388.330-388.440 and need for special education (NAC 388.340); 504 plans cover any qualifying impairment with a substantial limitation; IEPs must be reviewed annually (NAC 388.290) while 504 plans have no federal mandatory review schedule; and IEPs are developed by the IEP team, while 504 plans may be developed by any group of knowledgeable persons. Section 504 complaints in Nevada may be filed with the U.S. Department of Education Office for Civil Rights (OCR) or through the district's 504 grievance process.
What Nevada Requires
Section 504 applies to students with a physical or mental impairment substantially limiting one or more major life activities — a broader standard than Nevada'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).
Nevada IEPs require eligibility under a Nevada disability category and need for special education (NAC 388.340); 504 plans cover any qualifying impairment.
504 plans have no mandatory annual review or triennial reevaluation under federal law, though periodic review is recommended practice.
Students who do not meet Nevada'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 Nevada may be filed with the OCR (U.S. DOE) or through the school district's 504 grievance procedure.
Key Timelines
There is no federal or Nevada-specific deadline for completing a 504 evaluation, but it must be completed within a reasonable time.
504 plans have no mandatory annual review requirement, though annual review is recommended best practice.
IEPs require annual review (NAC 388.290) and triennial reevaluation (NAC 388.337); 504 plans have no equivalent mandated timelines.