Section 504 Plans in Washington
How does Section 504 work in Washington?
Section 504 of the Rehabilitation Act of 1973 is a federal anti-discrimination law protecting students with disabilities who may not qualify for special education under IDEA but need accommodations for equal access to education. Washington State does not have separate state regulations governing Section 504 beyond federal requirements; enforcement is through the U.S. Department of Education Office for Civil Rights (OCR). A student qualifies for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities — a broader standard than IDEA eligibility. Unlike IEPs under WAC 392-172A, 504 plans do not require specially designed instruction and focus on accommodations only. Key differences from IEPs: (1) IDEA eligibility requires one of 13 disability categories plus adverse educational impact and need for special education; 504 covers any qualifying impairment; (2) IEPs require annual review and triennial reevaluation under WAC 392-172A-03015, while 504 plans have no mandatory federal review schedule; (3) IDEA due process is governed by WAC 392-172A-05080, while 504 disputes go to OCR or state court. Washington's restraint and isolation law (RCW 28A.600.485) explicitly applies to students with 504 plans — plans cannot include restraint or isolation as a planned intervention without individual need and parental agreement. Washington's one-party recording consent (RCW 9.73.030) applies equally to 504 meetings.
What Washington Requires
Section 504 applies to students with a physical or mental impairment that substantially limits one or more major life activities — broader than IDEA eligibility (29 U.S.C. § 794; 34 CFR 104.3).
504 plans provide accommodations but do not require specially designed instruction, unlike IEPs under WAC 392-172A (34 CFR 104.33).
IDEA eligibility requires one of 13 WAC disability categories plus adverse impact and need for special education; 504 covers any qualifying impairment (WAC 392-172A-01035).
Washington's restraint and isolation law (RCW 28A.600.485) explicitly applies to students with 504 plans — plans cannot include restraint or isolation as a planned intervention without individual need and parental agreement.
Washington's one-party recording consent (RCW 9.73.030) applies to 504 meetings — parents may record without advance notice.
504 disputes are handled through OCR complaint or state court, not through the WAC 392-172A due process procedures.
Key Timelines
There is no federal or Washington-specific timeline for completing a 504 evaluation, though it should be completed within a reasonable time.
504 plans have no mandatory annual review requirement; periodic review is best practice.
IEPs are reviewed annually (WAC 392-172A-03110) and reevaluated at least every 3 years (WAC 392-172A-03015); 504 plans have no equivalent mandates under federal law.