Section 504 Plans in South Carolina
How does Section 504 work in South Carolina?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law enforced by the U.S. Department of Education's Office for Civil Rights (OCR) that provides protections for students with disabilities who do not qualify for IDEA special education services. In South Carolina, students who do not meet the eligibility criteria under Regulation 43-243.1 may still be entitled to accommodations and services under Section 504 if they have a physical or mental impairment that substantially limits a major life activity including learning. A Section 504 plan must include appropriate accommodations, evidence-based interventions, and/or related services to provide the child with an equal opportunity to succeed. Section 504 evaluations do not require formalized testing but must consider information from a variety of sources (parent notes, medical documentation, test scores, observations). The SCDE provides guidance on Section 504 implementation, and each LEA is responsible for developing Section 504 procedures consistent with federal requirements. Accommodations on state assessments (SC READY, SC PASS, EOCEP) must be consistent with those used routinely in classroom instruction and assessment. The South Carolina Attorney General has publicly affirmed support for Section 504 school accommodations for children with disabilities.
What South Carolina Requires
Students who do not qualify for IDEA special education services may still be entitled to a 504 Plan if they have a physical or mental impairment that substantially limits a major life activity (29 U.S.C. § 794; 34 CFR Part 104).
Section 504 prohibits discrimination on the basis of disability in programs receiving federal financial assistance, including all South Carolina public schools (29 U.S.C. § 794).
Section 504 complaints about public schools are filed with the U.S. Department of Education's Office for Civil Rights, not with the SCDE (34 CFR 104.61).
A Section 504 evaluation must consider information from a variety of sources but does not require formalized testing (34 CFR 104.35).
Assessment accommodations must be consistent with those used routinely in classroom instruction and assessment throughout the school year (SCDE Assessment Accommodations Guidance).
A student who is exited from special education under IDEA may still require and be entitled to a Section 504 plan based on a continuing disability (29 U.S.C. § 794).
Key Timelines
Section 504 complaints must be filed with OCR within 180 calendar days of the alleged discriminatory act (34 CFR 100.7(b)).
Section 504 plans must be reviewed periodically and updated to meet the student's current needs (34 CFR Part 104).