Section 504 Plans in Wyoming
How does Section 504 work in Wyoming?
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) provides protections for students with disabilities who do not qualify for special education under IDEA but whose disability substantially limits one or more major life activities. Wyoming school districts are responsible for implementing Section 504 plans for eligible students. A student with a qualifying disability under Section 504 may receive a 504 plan with accommodations and services even if the disability does not adversely affect educational performance to the extent that special education is needed. Section 504 eligibility is broader than IDEA eligibility — the 'major life activity' standard is more inclusive. The WDE has oversight of Section 504 compliance through its equity and civil rights functions. Parents of students with 504 plans have procedural rights under 34 CFR Part 104, including notice and the opportunity for a hearing, though Section 504 procedural safeguards are less extensive than those under IDEA.
What Wyoming Requires
Section 504 prohibits discrimination against students with disabilities by any school district receiving federal financial assistance (29 U.S.C. § 794; 34 CFR Part 104).
A student qualifies for Section 504 protections if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or are regarded as having such an impairment (29 U.S.C. § 705(9)(B); 34 CFR 104.3(j)).
Section 504 eligibility is broader than IDEA eligibility: a student may qualify for a 504 plan even if they do not meet IDEA eligibility criteria (34 CFR 104.33; 34 CFR 300.9).
504 plans must provide students with appropriate accommodations, modifications, and services to ensure equal access to educational programs and activities (34 CFR 104.33).
Parents of students with 504 plans have the right to notice, an opportunity for an impartial hearing with the right to be represented by counsel, and review of hearing decisions (34 CFR 104.36).
OCR (Office for Civil Rights) has jurisdiction over Section 504 complaints against Wyoming school districts; the WDE also monitors 504 compliance (34 CFR Part 100).
Key Timelines
There is no federally mandated specific timeline for Section 504 eligibility evaluations, but evaluations must be conducted within a reasonable time (34 CFR 104.35).
Section 504 plans should be reviewed annually, though no specific review interval is mandated by federal regulation (34 CFR 104.33).
Section 504 complaints to OCR must be filed within 180 days of the alleged discriminatory act (34 CFR 100.7(b)).