Section 504 Plans in Washington D.C.
How does Section 504 work in Washington D.C.?
Washington D.C. students who do not qualify for an IEP under IDEA may be eligible for a Section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794, which prohibits discrimination against individuals with disabilities in programs receiving federal funding. Section 504 requires a free appropriate public education (FAPE) for qualifying students, but FAPE under 504 is defined differently from IDEA: it requires equal access and accommodation but not necessarily specially designed instruction. Both DCPS and DC public charter schools are covered entities under Section 504. Complaints about 504 violations may be filed with OSSE or with the U.S. Department of Education Office for Civil Rights (OCR). DC's DC Official Code § 38-2571.03 definition of 'parent' is broad and applies to 504 proceedings. DC students may also invoke the DC Ombudsman for 504-related school concerns (DC Official Code §§ 38-353, 38-354).
What Washington D.C. Requires
Section 504 covers students with a physical or mental impairment that substantially limits a major life activity, including learning, and who attend schools receiving federal financial assistance (29 U.S.C. § 794; 34 CFR Part 104).
Both DCPS and DC public charter schools are covered entities under Section 504 and must provide FAPE through regular or special education services (34 CFR 104.33).
FAPE under 504 requires appropriate education comparable to that provided to nondisabled students—this is a lower standard than IDEA's FAPE (34 CFR 104.33(b)(1)).
A student who does not qualify for an IEP may still qualify for a 504 plan; conversely, an IEP student also has 504 rights and the school must comply with both (34 CFR Part 104).
504 complaints may be filed with OSSE or with the U.S. Department of Education OCR; OCR complaints must be filed within 180 days of the alleged violation (34 CFR 100.7; 34 CFR 104).
DC's Ombudsman for Public Education may also address 504-related school concerns informally, with authority to investigate any act of a school official (DC Official Code § 38-354).
If a student is found eligible for a 504 plan, the plan must be documented and the parent notified; parent consent for 504 initial placement is required under DCPS policy and OCR guidance.
Key Timelines
OCR complaint: must be filed within 180 days of the discriminatory act (34 CFR 100.7(b)).
No specific statutory timeline for 504 evaluation in DC; should proceed without unnecessary delay consistent with IDEA evaluation timeline guidance.
504 plan must be reviewed periodically; best practice is annual review (34 CFR Part 104).