A parent/guardian/other education rights holder, individual, or organization may file a Section 504 complaint when a student with a disability does not receive educational benefits equal to those of nondisabled peers due to district policies or actions. This includes situations where a student with a disability is excluded from participating in federally funded programs, such as public education.^[1] Federal funding generally applies to most public schools. Notably, a student does not need to qualify for special education to be protected by Section 504; students with any disability affecting a major life activity, having a record of a disability or being regarded as having a disability may file a discrimination complaint with OCR. Complaints may address issues such as architectural barriers, lack of program access, or failure to implement an accommodation plan needed to provide equal access to a person with a disability. Harassment based on a student’s disability, having a record of a disability or being perceived as having a disability also constitutes discrimination, which includes intimidation or abusive behavior that creates a hostile environment. For an OCR harassment complaint, the following criteria must be met:

1. The student is bullied due to a disability;
2. The bullying is severe enough to create a hostile environment;
3. School officials knew or should have known of the bullying; and
4. The school’s response is inadequate. See Dear Colleague Letter, Responding to Bullying of Students with Disabilities, 64 IDELR 115 (OCR 2014). 

Discrimination complaints must be filed within 180 days of the incident, although extensions may be granted.^[2]

Section 504 complaints can also be filed for students not in special education whose disabilities the district has not acknowledged. For instance, students repeatedly suspended for behaviors linked to an unrecognized disability may be protected under Section 504. Before suspending a student with a disability who is not in special education for more than 10 days, districts must conduct an evaluation to determine whether the behavior is related to the disability.^[3]

1. 34 C.F.R. § 104.4(a).[↩]
2. 34 C.F.R. § 100.7(b).[↩]
3. West Contra Costa Unified School District (OCR Region IX, 2004), 42 IDELR 121; Newport-Mesa Unified School District (OCR Region IX, 2004), 43 IDELR 11; Santa Barbara School District (OCR Region IX, 2004), 43 IDELR 172.[↩]