Section 504 Plans in New Mexico
How does Section 504 work in New Mexico?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law enforced in New Mexico by the NMPED Safe and Healthy Schools Bureau, not the Office of Special Education. Section 504 protects students with a mental or physical impairment that substantially limits one or more major life activities from discrimination and entitles them to a free appropriate public education (FAPE under Section 504 standards) provided through a Section 504 Accommodation Plan (NMPED Section 504 Guidance for Schools, 2022). Section 504 FAPE is narrower than IDEA FAPE — it requires equivalent access and accommodations but does not require specially designed instruction. New Mexico LEAs are required to designate a Section 504 Coordinator responsible for compliance and staff and parent training (NMPED 504 Guidance). A student is eligible for a 504 plan if an evaluation shows: (1) a mental or physical impairment; (2) that substantially limits one or more major life activities; and (3) an impact on the student's education. Section 504 plans provide accommodations and program accessibility only — unlike IEPs, they do not provide specially designed instruction. There is no dedicated state or federal funding for Section 504 compliance in New Mexico; costs are borne by the general school district budget (NMPED 504 Guidance). Under New Mexico's three-tier intervention model, a 504 plan may serve as a Tier 2 intervention for students who do not qualify for an IEP. Parents of students with 504 plans have due process rights under Section 504, including the right to review records, receive notice, and challenge decisions — though the process differs from IDEA dispute resolution. Students eligible for an IEP may also have a 504 plan for post-secondary transition or after IDEA eligibility ends.
What New Mexico Requires
Section 504 eligibility requires a mental or physical impairment substantially limiting a major life activity that impacts the student's education (Section 504 of the Rehabilitation Act; NMPED 504 Guidance).
New Mexico LEAs must designate a Section 504 Coordinator responsible for compliance, staff training, and parent training (NMPED Section 504 Guidance for Schools, 2022).
Section 504 plans provide accommodations and program access only — they do not include specially designed instruction (NMPED 504 Guidance).
There is no dedicated state or federal funding for Section 504 compliance in New Mexico; all costs are the responsibility of the district's general budget (NMPED 504 Guidance).
Parents have Section 504 due process rights including access to records, notice, and the right to challenge decisions (Section 504, 34 CFR Part 104).
A student who previously had an IEP may use a 504 plan after aging out of IDEA eligibility or upon transitioning to post-secondary settings (NMPED 504 Guidance).
Key Timelines
Section 504 plans must be reviewed periodically and updated as needed; there is no federally mandated annual review cycle (unlike IDEA IEPs).
Students transitioning from IDEA to Section 504 (e.g., after high school) should have transition planning well in advance.