Section 504 Plans in Texas

How does Section 504 work in Texas?

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and the Individuals with Disabilities Education Act (IDEA, 20 U.S.C. §§1400-1482) are two separate federal laws that protect students with disabilities in Texas schools, but they differ significantly in scope, eligibility, and services. Section 504 is a civil rights/anti-discrimination statute that applies to all entities receiving federal financial assistance, while IDEA is a funding statute that provides specific educational entitlements. Under Section 504 (34 CFR Part 104), a student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities, including learning, reading, concentrating, thinking, communicating, and working. The definition is broader than IDEA's because it does not require the student to fall into one of the 13 specific disability categories. Under IDEA (34 CFR 300.8), eligibility requires both a qualifying disability from the enumerated categories and a demonstrated need for specially designed instruction. In Texas, if a student is evaluated and does not qualify for special education under IDEA through the ARD process (TEC §29.003; 19 TAC §89.1040), but does have a physical or mental impairment that substantially limits a major life activity, the student may be eligible for a Section 504 plan. A 504 plan provides accommodations and modifications to ensure equal access to education, but does not include specially designed instruction (which is the hallmark of an IEP). A student with an IEP under IDEA is considered to also be protected under Section 504, so a student typically does not have both a 504 plan and an IEP simultaneously. Key differences include: Section 504 evaluations do not have specific federal timelines like IDEA's 45-school-day FIIE requirement; Section 504 does not require as comprehensive an evaluation, accepting observations, medical information, and professional judgment; Section 504 does not mandate specific procedural safeguards like IDEA's PWN requirements, though it does require notice regarding identification, evaluation, and placement; Section 504 provides FAPE but defines it differently than IDEA, focusing on equal access rather than specially designed instruction; and Section 504 complaints go to the Office for Civil Rights (OCR) rather than through IDEA's due process system. In Texas, each school district establishes its own Section 504 procedures, and TEA provides limited oversight of 504 compliance compared to its role in IDEA enforcement. Section 504 coordinators are designated at the district level.