Section 504 Plans in Ohio
How does Section 504 work in Ohio?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination on the basis of disability in programs or activities receiving federal financial assistance, including all Ohio public schools (29 U.S.C. §794; 34 CFR Part 104). Ohio does not have a separate state statute governing Section 504 plan implementation; districts implement 504 directly under the federal regulations. A student qualifies under Section 504 if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or are regarded as having such impairment (34 CFR 104.3(j)). This eligibility threshold is broader than IDEA's — a student may qualify for a 504 plan even without meeting IDEA special education eligibility criteria. In Ohio, a student with a 504 plan receives an accommodation plan specifying modifications and supports for equal access to education, but does not receive an IEP, specially designed instruction, or the procedural protections of IDEA. Ohio Administrative Code explicitly references Section 504 plans in the context of state assessment accommodations: accommodations for Ohio's State Tests must be documented in the student's IEP or Section 504 plan (OAC 3301-13-03). Ohio's restraint and seclusion rules at OAC 3301-35-15 apply equally to students with Section 504 plans — the three-incident team meeting rule applies to students with an IEP or 504 plan. FAPE under Section 504 means regular or special education and related services that are designed to meet the individual educational needs of the student as adequately as the needs of nondisabled students are met (34 CFR 104.33). Section 504 requires periodic reevaluation before a significant change in placement (34 CFR 104.35(a)). Ohio school districts are required to designate a Section 504 coordinator. Enforcement of 504 rights is through the U.S. Department of Education Office for Civil Rights (OCR); Ohio families may file an OCR complaint within 180 calendar days of the alleged discrimination. Disability Rights Ohio (disabilityrightsohio.org) provides state-specific guidance on 504 rights for Ohio families. Students who are found ineligible under IDEA may still qualify for Section 504 protections, and districts must evaluate under both frameworks when appropriate.
What Ohio Requires
Section 504 prohibits disability discrimination in all Ohio public schools receiving federal funds; districts follow federal regulations directly — Ohio has no separate state 504 statute (29 U.S.C. §794; 34 CFR Part 104).
Eligibility is broader than IDEA: physical or mental impairment substantially limiting a major life activity, record of impairment, or being regarded as having impairment (34 CFR 104.3(j)).
A 504 plan provides accommodations and modifications for equal access; it does not provide an IEP, specially designed instruction, or IDEA procedural safeguards.
FAPE under 504 means services designed to meet individual needs as adequately as the needs of nondisabled students are met (34 CFR 104.33).
Ohio State Test accommodations must be documented in the student's IEP or Section 504 plan before use (OAC 3301-13-03).
Ohio's restraint and seclusion rules (OAC 3301-35-15) apply to students with 504 plans — the three-incident team meeting requirement triggers for IEP or 504 students.
Section 504 requires periodic reevaluation before significant changes in placement (34 CFR 104.35(a)); evaluation must draw from a variety of sources to minimize error (34 CFR 104.35(c)).
Ohio school districts must designate a Section 504 coordinator responsible for compliance (34 CFR 104.7).
OCR enforces Section 504; complaints must be filed within 180 calendar days of the alleged discrimination (34 CFR 104).
Key Timelines
OCR complaint must be filed within 180 calendar days of the alleged discriminatory act (34 CFR 104).
Section 504 plans must be reviewed periodically; reevaluation is required before a significant change in placement (34 CFR 104.35(a)).
Three restraint/seclusion incidents in a school year trigger a required team meeting within 10 school days — applies to 504 students as well as IEP students (OAC 3301-35-15).