Section 504 Plans in Vermont
How does Section 504 work in Vermont?
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance, including all Vermont public schools. A student who does not qualify for special education under IDEA may still be entitled to a 504 Plan if the student has a physical or mental impairment that substantially limits a major life activity. Vermont public schools must designate a 504 coordinator and implement Section 504 procedures. Key differences from IDEA: 504 does not require a team meeting, written plan, or specific procedural safeguards equivalent to IDEA, though due process through the U.S. Department of Education Office for Civil Rights (OCR) is available. Vermont AOE provides guidance to supervisory unions on 504 implementation. A student receiving IDEA services is automatically protected by Section 504 but does not receive a separate 504 Plan.
What Vermont Requires
Students who do not qualify for IDEA special education may be entitled to 504 accommodations if a physical or mental impairment substantially limits a major life activity (29 U.S.C. § 794; 34 CFR Part 104).
Vermont public schools must designate a Section 504 coordinator responsible for ensuring compliance with Section 504 obligations (34 CFR 104.7).
Section 504 does not require a written plan but best practice and Vermont guidance call for a documented 504 Plan specifying accommodations (VT AOE Guidance).
Section 504 grievance procedures must be available; parents who believe their child has been discriminated against may file a complaint with OCR (34 CFR 104.7; 34 CFR 104.36).
Students receiving IDEA services are automatically protected by Section 504 and do not require a separate 504 Plan (OCR Policy).
Evaluation for 504 eligibility may use different, less formal procedures than IDEA evaluation; the district must conduct a reasonable evaluation to make an informed eligibility determination (34 CFR 104.35).
Key Timelines
Vermont schools must provide 504 accommodations once a student is determined eligible; there is no specific state timeline for 504 evaluation (VT AOE Guidance; 34 CFR Part 104).
504 Plans should be reviewed at least annually and updated as student needs change (VT AOE Guidance).
OCR complaints regarding Section 504 violations must be filed within 180 days of the alleged discrimination (34 CFR 100.7(b)).