Section 504 Plans in Oregon
How does Section 504 work in Oregon?
Oregon recognizes Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as a distinct pathway for students with disabilities who need accommodations and supports but do not qualify for IDEA special education. Under ORS 343.068, a '504 Plan' is defined as an education plan developed for a student in accordance with Section 504. To qualify for a 504 plan, a student must have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or be regarded as having such an impairment—a broader standard than IDEA eligibility. Section 504 is enforced by the U.S. Department of Education's Office for Civil Rights (OCR) and by Oregon school districts under their obligations as recipients of federal funding. Oregon's behavioral support provisions specifically extend to students with 504 Plans: under ORS 343.154, the FBA and BIP requirements for imminent risk of serious bodily injury apply to students with IEPs or 504 Plans—this Oregon-specific extension of behavioral protections to 504 students goes beyond federal IDEA requirements. Disciplinary protections similar to IDEA also apply to students with 504 Plans, including the requirement for manifestation determination before imposing significant disciplinary changes in placement (ORS 343.068(1)(b)). Oregon school districts are responsible for developing and implementing 504 accommodation plans through their general education systems. Unlike IEPs, 504 plans are not governed by IDEA's procedural requirements; however, Oregon districts must provide procedural safeguards including notice and an opportunity for hearing (34 CFR 104.36). Oregon's ODE has published guidance clarifying the relationship between Section 504 and IDEA, including when students may transition between the two frameworks. For 504 discipline matters, Oregon applies its state discipline rules including the protections in ORS 339.250 and ORS 339.252.
What Oregon Requires
Section 504 eligibility requires a physical or mental impairment substantially limiting one or more major life activities—a broader standard than IDEA that covers conditions not qualifying for special education (29 U.S.C. 794; ORS 343.068).
Oregon's FBA and BIP requirements for students creating imminent risk of serious bodily injury apply to students with either IEPs or 504 Plans—an Oregon-specific extension beyond federal IDEA (ORS 343.154).
Manifestation determination and discipline protections apply to students with 504 Plans as well as IEPs when facing significant disciplinary changes in placement (ORS 343.068(1)(b)).
Section 504 plans are general education documents administered by the district without IDEA's procedural requirements, but districts must provide notice and hearing opportunity as required by 34 CFR 104.36.
Oregon school districts must have anti-discrimination policies and grievance procedures under Section 504 as a condition of receiving federal funding (34 CFR 104.7).
Parents may file Section 504 complaints with ODE or with the U.S. DOE Office for Civil Rights (OCR).
Section 504 accommodations must be provided at no cost to the family as part of the district's obligation under 29 U.S.C. 794; Oregon's state discipline protections in ORS 339.250 and ORS 339.252 apply to 504 students.
Key Timelines
Section 504 plans must be reviewed periodically; Oregon generally recommends annual review, though no specific timeline is mandated in state law.
Section 504 complaints to OCR must generally be filed within 180 days of the alleged discrimination (34 CFR 100.7).
FBA and BIP for 504 students must be completed within 45 school days of parental consent when the student creates an imminent risk of serious bodily injury (ORS 343.154).
If a student transitions from IDEA services to a 504 Plan (e.g., upon graduation determination), the 504 plan should be in place before IDEA services end.