Section 504 Plans in South Dakota
How does Section 504 work in South Dakota?
Section 504 of the Rehabilitation Act of 1973 prohibits disability-based discrimination in programs receiving federal financial assistance, including public schools. In South Dakota, Section 504 is administered at the district level, with the South Dakota Department of Education providing guidance through a 504 Resource Guide and FAQ document (doe.sd.gov/sped/section504.aspx). Section 504 is not a funded mandate like IDEA; all costs of implementing 504 plans are the school district's responsibility. Eligibility under Section 504 is broader than under IDEA: a student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment, or is regarded as having such an impairment. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Students who are evaluated under IDEA and found ineligible for special education may still qualify for Section 504 accommodations. Students who have an IEP typically do not also have a separate 504 plan, as the IEP covers all required accommodations and services. Section 504 is described in South Dakota as a 'general education management responsibility.' Parents have grievance rights under Section 504 and may file complaints with the U.S. Department of Education Office for Civil Rights (South Dakota OCR region: 816-268-0550). Note that South Dakota joined a multi-state lawsuit (Texas v. Becerra) challenging certain 2024 federal Section 504 regulations.
What South Dakota Requires
A student qualifies for Section 504 if they have a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.
Section 504 is a general education management responsibility in South Dakota; districts bear all costs without federal special education funding.
A team must meet to determine what accommodations are appropriate; parents should be included in all 504 planning sessions.
If a student is IDEA-eligible with an IEP, a separate 504 plan is generally not needed, as the IEP addresses required accommodations and services.
Students who do not qualify for special education under IDEA but have a qualifying disability may receive accommodations through a 504 plan.
Parents may file OCR complaints alleging Section 504 violations with the U.S. Department of Education Office for Civil Rights, Region VII (816-268-0550).
Key Timelines
Section 504 evaluations must be conducted within a reasonable time frame after the district has notice of possible need; no specific state deadline is set beyond federal timeliness requirements.
504 plans must be reviewed periodically to ensure continued appropriateness; annual review is considered best practice.
OCR complaints must generally be filed within 180 days of the alleged discriminatory act (34 CFR 100.7(b)).