Section 504 Plans in Oklahoma
How does Section 504 work in Oklahoma?
Section 504 of the Rehabilitation Act of 1973 provides protections for students with disabilities who do not qualify for or need IDEA special education services. In Oklahoma, Section 504 plans are administered by the LEA under the general administration of the school district (not special education). If an IEP team determines a student is no longer eligible for special education but may still have a disability under Section 504, the IEP team should document and offer an initial evaluation under Section 504. When a student revokes consent for IDEA services, the LEA should inform the parents that the student will be treated as a nondisabled student for disciplinary purposes and may be eligible for Section 504 evaluation.
What Oklahoma Requires
When IEP team determines a student is no longer eligible for special education and is making progress in general education curriculum, the team may want to consider documenting and offering an initial evaluation under Section 504 (Oklahoma Special Education Policies & Procedures 2024, Ch. 7)
If parent revokes consent for special education services, the LEA must inform parents in written notice that the student will be treated as a nondisabled student for disciplinary purposes; student may still be eligible for Section 504 evaluation (Oklahoma Special Education Policies & Procedures 2024, Ch. 12, Sec. 8.B)
OSTP (statewide testing) eligibility: if IEP is not appropriate for a student who does not qualify for OAAP, the student participates in OSTP; accommodations under Section 504 may be used for state assessments if routinely used during instruction (70 O.S. § 1210.508; Oklahoma Special Education Policies & Procedures 2024, Ch. 6, Sec. 3.H)
Lindsey Nicole Henry (LNH) Scholarship: OSEP guidance confirms Oklahoma may not require parents to revoke IDEA consent as a condition of accepting the LNH scholarship; parentally-placed private school children are not entitled to FAPE through their private school enrollment (OSEP QA 22-01, February 2022; 70 O.S. § 13-101.2)