Recent Civil Rights Data Collection information shows that the percentage of students identified as “Section 504-only” continues to rise nationally and in Ohio. For the 2021–22 school year, the national rate was 3.93%, up from the prior collection year. Ohio followed the same trend, increasing from 3.42% in 2020–21 to approximately 3.8% in 2021–22. Nationally, Ohio ranks 16th of 50 states for its percentage of Section 504-only students.
For school districts, the question is whether the district’s Section 504 practices are keeping pace with student needs. An increase in Section 504 eligible students may reveal inconsistent referral practices, confusion about the difference between Section 504 and IDEA, staffing issues, or plans that exist on paper but are not consistently implemented.
Section 504 requires districts to provide a free appropriate public education to qualified students with disabilities, and the regulations require appropriate evaluation and placement procedures. Staff and administrators should be able to quickly explain when and how to refer a student and how to best draft and review Section 504 plans.
What does this mean for your school district? Section 504 is an operational and compliance issue, not just a paperwork issue. District leaders should ensure that building teams are trained, Section 504 coordinators have the authority and time needed to manage the process, Section 504 plans are reviewed periodically, and district Section 504 procedures intersect with discipline, attendance, safety plans, testing, extracurricular activities, and transportation. Because Section 504 does not come with the same dedicated funding structure as IDEA, districts can easily misjudge the amount of staffing and oversight required for compliance. A stronger approach is to build consistent procedures now before a complaint or dispute arises. Please reach out to your Ennis Britton attorney if you need resources, forms, or training for your teams.