Section 504 Plans in Rhode Island
How does Section 504 work in Rhode Island?
Section 504 of the Rehabilitation Act of 1973 provides protections for students with disabilities who do not qualify for IDEA-based special education services but have a physical or mental impairment that substantially limits one or more major life activities. Section 504 is administered by the U.S. Department of Education's Office for Civil Rights (OCR) and at the state level by RIDE's civil rights compliance functions. Rhode Island's anti-discrimination laws (RIGL 42-87, Rhode Island Civil Rights Act) provide additional state-level protections beyond federal Section 504. Rhode Island LEAs must have grievance procedures for Section 504 complaints and must designate a 504 coordinator. Section 504 plans (also called 504 accommodation plans) are distinct from IDEA IEPs and do not require the same procedural safeguards, but must include meaningful parental participation, evaluation, and periodic review. Rhode Island students who move from IDEA eligibility to Section 504 must receive a compliant 504 evaluation and plan. Students may have a 504 plan but not an IEP, or vice versa, but not both simultaneously.
What Rhode Island Requires
Rhode Island LEAs must comply with Section 504 of the Rehabilitation Act and must designate a 504 coordinator and maintain nondiscrimination policies (29 U.S.C. § 794; 34 CFR Part 104).
A student qualifies for Section 504 if they have a physical or mental impairment substantially limiting one or more major life activities, even if they do not qualify for IDEA special education services (34 CFR 104.3(j)).
Section 504 requires evaluation before placement in a 504 plan and periodic reevaluation (34 CFR 104.35).
LEAs must provide procedural safeguards under Section 504, including notice, an opportunity to examine relevant records, and an impartial hearing with an opportunity for participation by the parent (34 CFR 104.36).
Section 504 grievance procedures must be established at the LEA level for students and parents to raise complaints (34 CFR 104.7).
A student receiving special education under IDEA is also protected by Section 504 and the ADA (OCR guidance).
Rhode Island's anti-discrimination laws (RIGL 42-87, Rhode Island Civil Rights Act) provide additional protections beyond federal Section 504, and RIDE has published state-specific guidance on 504 implementation in Rhode Island schools
When a student exits IDEA eligibility, the IEP team must consider whether the student may qualify for Section 504 protections and offer evaluation under 504 (RIDE guidance)
Key Timelines
Section 504 plans must be reviewed periodically consistent with significant changes in the student's placement or circumstances (34 CFR 104.35(d)).
Section 504 OCR complaints must be filed within 180 days of the alleged discrimination (34 CFR 100.7(b)).