Section 504 Plans in North Carolina

How does Section 504 work in North Carolina?

Section 504 of the Rehabilitation Act of 1973 provides protections to students with disabilities in North Carolina who may not qualify for special education under IDEA but still need accommodations to access education. Section 504 has a broader definition of disability than IDEA: a person with a disability is anyone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment (29 U.S.C. 705(9)(B); 34 CFR 104.3(j)). A student may qualify for a Section 504 plan even if they do not meet the eligibility criteria for any of the 14 IDEA disability categories recognized in North Carolina. If a student has an IEP, they do not also need a Section 504 plan, as IDEA provides broader protections that encompass 504 accommodations. A 504 plan focuses on ensuring the student receives accommodations to access the general education curriculum and remove barriers, such as testing accommodations, preferential seating, extended time, or modified assignments. Unlike an IEP, a 504 plan does not typically include specially designed instruction, related services goals, or progress monitoring requirements, and the procedural safeguards are less formal than those under IDEA. However, 504 plans still require an evaluation (though less formal than IDEA evaluations), a team meeting to determine eligibility and accommodations, and periodic review. Students with only Section 504 plans are not eligible for participation in North Carolina's alternate assessments (NCEXTEND1). Each North Carolina school district must designate a Section 504 coordinator. The enforcement authority for Section 504 in education is the U.S. Department of Education Office for Civil Rights (OCR). Parents who believe their child's 504 rights have been violated may file a complaint with OCR or pursue an impartial hearing under the LEA's 504 procedures.