Section 504 Plans in Wisconsin
How does Section 504 work in Wisconsin?
Section 504 of the Rehabilitation Act of 1973 is a federal anti-discrimination law that protects students with disabilities who may not qualify for special education under IDEA but need accommodations to access education on an equal basis. In Wisconsin, IDEA-based special education is governed by Wis. Stat. Chapter 115 and Wis. Admin. Code PI 11, while Section 504 is a federal mandate enforced by the U.S. Department of Education Office for Civil Rights. 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 Wisconsin's IDEA eligibility, which requires meeting one of the specific disability category criteria in PI 11.36 plus a need for special education. Unlike IEPs, 504 plans provide accommodations and services without requiring specialized instruction. Wisconsin has no separate state-level Section 504 statute; each school district adopts its own 504 policies consistent with 34 CFR Part 104. Districts must conduct evaluations before determining 504 eligibility and must provide procedural safeguards including parent notice and the right to challenge district decisions.
What Wisconsin Requires
Section 504 applies to students with any physical or mental impairment that substantially limits a major life activity — a broader standard than Wisconsin IDEA's disability category eligibility (29 U.S.C. § 794; 34 CFR 104.3).
504 plans provide accommodations and modifications but do not require specialized instruction, unlike Wisconsin IEPs which require a need for special education (34 CFR 104.33).
A student who does not qualify under one of Wisconsin's IDEA disability categories, or who does not need special education, may still be entitled to a 504 plan if a qualifying impairment substantially limits a major life activity.
Wisconsin has no separate state 504 statute; each LEA develops its own 504 policies consistent with 34 CFR Part 104 and U.S. DOE OCR guidance.
504 plans have no mandatory annual review or triennial reevaluation under federal law, though periodic review is recommended best practice.
Students who lose IDEA eligibility (e.g., after graduating to a certificate of completion, or because they no longer need special education) should be evaluated for Section 504 eligibility if they retain a disability limiting a major life activity.
Key Timelines
No federal or Wisconsin-specific timeline mandates for completing a 504 evaluation; it must occur within a reasonable timeframe.
504 plans have no mandatory annual review requirement under federal law (unlike Wisconsin IEPs, which require annual review under Wis. Stat. § 115.787(4)).
Wisconsin IEPs are reviewed annually and reevaluated every 3 years (Wis. Stat. §§ 115.787(4), 115.782); 504 plans have no equivalent federal mandates.