Section 504 Plans in North Dakota
How does Section 504 work in North Dakota?
Section 504 of the Rehabilitation Act of 1973 is a federal anti-discrimination law that applies in North Dakota as in all states, protecting students with disabilities who do not qualify for special education under IDEA but still need accommodations to access educational programs. 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 eligibility standard than IDEA. North Dakota's special education statutes and rules (NDCC Chapter 15.1-32; NDAC Article 67-23) govern IDEA-based services; Section 504 plans are a separate track enforced by the U.S. Department of Education Office for Civil Rights (OCR). Unlike IEPs, 504 plans do not require classification under a North Dakota disability category, do not require specialized instruction, and do not have federally mandated annual review schedules. The key differences: IEPs require eligibility under a specific ND disability category and need for special education (NDAC 67-23-04-01); 504 plans cover any qualifying impairment with a substantial limitation; and Section 504 complaints can be filed with OCR or through the district's 504 grievance procedure.
What North Dakota Requires
Section 504 applies to students with a physical or mental impairment that substantially limits one or more major life activities — a broader standard than North Dakota's IDEA eligibility (29 U.S.C. § 794; 34 CFR 104.3).
504 plans provide accommodations and modifications without requiring specialized instruction or classification under an IDEA disability category (34 CFR 104.33).
Students who do not meet North Dakota's IDEA eligibility criteria should be evaluated for Section 504 eligibility if they have a disability substantially limiting a major life activity.
North Dakota school districts must have 504 coordinators and grievance procedures as required by federal law (34 CFR 104.7).
Section 504 complaints may be filed with the OCR or through the district's 504 grievance process; OCR investigates complaints within 60 days typically.
Key Timelines
There is no federal or North Dakota-specific deadline for completing a 504 evaluation, but it must be done within a reasonable time.
504 plans have no federally mandated annual review requirement, though periodic review is best practice.
IEPs require annual review (NDAC 67-23-01-05) and triennial reevaluation (NDAC 67-23-04-01); 504 plans have no equivalent mandated timelines.