Section 504 Plans in New Hampshire
How does Section 504 work in New Hampshire?
Section 504 is a federal civil rights law (part of the Rehabilitation Act of 1973) that protects students with disabilities from discrimination in federally funded schools. Unlike special education under IDEA, Section 504 does not require an IEP but does require schools to provide accommodations and services to ensure equal access to education. New Hampshire schools must identify, evaluate, and provide services to any student with a physical or mental impairment that substantially limits a major life activity—a broader category than IDEA disabilities. Under NH law (RSA 186-C and Ed 1100), students may receive a 504 plan with accommodations without qualifying for special education. Key NH requirements include: schools must actively search for students needing services (child find), provide written notice before evaluation, and obtain parental consent. If disputes arise, parents have the right to a due process hearing through the school's 504 grievance procedure. Complaints about 504 violations are filed with the federal Office for Civil Rights (OCR)—not the NH Department of Education, which handles IDEA state complaints only. Schools cannot discriminate based on disability and must provide necessary supports in the least restrictive environment.
What New Hampshire Requires
Schools must identify and evaluate all students suspected of having a disability that substantially limits a major life activity, even if they don't qualify for special education under IDEA (Section 504, 29 U.S.C. §794; 34 CFR §104.35).
Students must receive a written 504 plan with documented accommodations and services before receiving any special services or supports, with parental notice and involvement required (34 CFR §104.36).
Schools must ensure students with disabilities can participate equally in nonacademic and extracurricular activities including sports, clubs, transportation, and counseling services (34 CFR §104.37).
Parents who disagree with a school's 504 decisions have the right to file a grievance through the school district's Section 504 grievance procedure and may file a complaint with the federal Office for Civil Rights (OCR)—not the NH Department of Education, which handles IDEA state complaints only (29 U.S.C. §794; 34 CFR §104.36).
Section 504 evaluations are not governed by Ed 1107 (which applies to IDEA evaluations only), but schools must use appropriate evaluation procedures, not rely on a single criterion, and must consider information from multiple sources before making a 504 eligibility determination (34 CFR §104.35(c)).
Key Timelines
Initial evaluation must be completed before 504 services begin; federal regulations require reasonable promptness, and NH school districts typically set their own timelines in district policy (34 CFR §104.35).
Written notice of evaluation results and 504 plan decisions must be provided to parents before implementation (34 CFR §104.36).
OCR complaint investigation: OCR typically resolves complaints within 180 calendar days of filing; 504 complaints to OCR must be filed within 180 days of the discriminatory act (34 CFR §100.7).
NH IDEA state complaint resolution (for IDEA violations only): Department must issue final decision and post summary on website within 30 days of issuance (RSA 186-C:5-a, effective 9/1/2025).