Section 504 Plans in Tennessee
How does Section 504 work in Tennessee?
Section 504 of the Rehabilitation Act of 1973 provides broader eligibility protections than IDEA. Under Section 504, a student is eligible for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities, whether or not they need special education. Tennessee LEAs must implement Section 504 under their obligations as recipients of federal financial assistance from the U.S. Department of Education. Tennessee does not have a separate state statute that supplements the federal Section 504 framework; LEAs follow OCR guidance and federal Section 504 regulations (34 CFR Part 104). The Tennessee Department of Education publishes a Section 504 Resource Manual providing guidance to LEAs on implementing Section 504, including model policies and procedures. Section 504 plans are developed by a 504 team (which must include persons knowledgeable about the child), are not governed by IDEA timelines, and do not require the same level of documentation as an IEP. However, all procedural protections under Section 504 apply, including the right to notice, evaluation, and an impartial hearing. Allegations of Section 504 discrimination should be reported to the local Title VI/Title IX/Section 504 coordinator or to the U.S. DOE Office for Civil Rights. The Tennessee DOE Section 504 page provides resources and contact information for LEA coordinators.
What Tennessee Requires
A student is eligible for Section 504 if they have a physical or mental impairment that substantially limits one or more major life activities, regardless of whether they need special education (34 CFR 104.3(j)).
Tennessee LEAs must provide FAPE under Section 504 to each qualified student with a disability in their jurisdiction, through regular or special education and related aids and services (34 CFR 104.33).
Section 504 eligibility is separate from and broader than IDEA eligibility — a student may qualify for a 504 plan without qualifying for an IEP (29 U.S.C. § 794; 34 CFR Part 104).
LEAs must conduct an evaluation using multiple sources before placing a student in or denying placement in a Section 504 program, and parental notice and opportunity to examine records must be provided (34 CFR 104.35).
Section 504 procedural safeguards include notice, access to records, an impartial hearing, and the right to be represented by counsel (34 CFR 104.36).
Section 504 is enforced by the U.S. Department of Education's Office for Civil Rights (OCR); complaints can be filed directly with OCR (34 CFR 100.7).
Tennessee DOE publishes a Section 504 Resource Manual with model policies and procedures for LEAs (TDOE Section 504 Resource Manual).
Key Timelines
Tennessee LEAs must evaluate students suspected of having a 504-eligible disability within a reasonable time — OCR guidance suggests timelines comparable to IDEA evaluation timelines.
Section 504 plans should be reviewed periodically, at minimum annually, to ensure continued appropriateness (OCR policy guidance; 34 CFR 104.35(d)).
Section 504 complaints to OCR must generally be filed within 180 days of the discriminatory act (34 CFR 100.7(b)).