Section 504 Plans in New York

How does Section 504 work in New York?

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its implementing regulations at 34 CFR Part 104 apply to all public schools in New York as recipients of federal financial assistance. Section 504 prohibits discrimination against individuals with disabilities and requires school districts to provide a free appropriate public education (FAPE) to each qualified student with a disability, regardless of the nature or severity of the disability. The Section 504 definition of disability is broader than IDEA: a student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment (34 CFR Section 104.3(j)). Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working (as broadened by the ADA Amendments Act of 2008, Pub. L. 110-325). Because the eligibility threshold is broader, students who do not qualify for an IEP under IDEA's 13 disability categories may still qualify for accommodations under a Section 504 plan. A 504 plan provides accommodations and modifications in the general education environment but does not provide the specially designed instruction that an IEP provides. In New York, Section 504 plans are developed and implemented at the building level; they do not go through the formal CSE/CPSE process and are not governed by 8 NYCRR Part 200 procedural requirements. Unlike IEPs, Section 504 plans do not provide access to NY's two-tier due process system (IHO/SRO); instead, disputes are resolved through the district's internal grievance procedures or complaints to the U.S. Department of Education's Office for Civil Rights (OCR), or court action (34 CFR Section 104.7). Each district must designate a Section 504/ADA coordinator and adopt grievance procedures for resolving disability-related complaints (34 CFR Section 104.7(b)). New York does not have a state regulation specifically governing 504 plans; implementation follows federal requirements under 34 CFR Part 104. Students with 504 plans in NY are entitled to testing accommodations on Regents exams and state assessments when specified in their plans, consistent with NYSED guidance. A student may have an IEP and separately qualify under Section 504, but since an IEP provides greater IDEA protections, a standalone 504 plan is typically unnecessary for students already receiving services under an IEP.