The Difference Between an IEP and a 504 Plan

Your child has been found eligible for a 504. How does that differ from an IEP? This is a common area of confusion for parents. If a you, or anyone (teacher, therapist, doctor, etc.), suspects a disability, you can request your child be evaluated by the school for special education services. If you child was not found eligible they may qualify for a 504. The school is still required to provide FAPE (Free and Appropriate Public Education) to your child, with a few differences.

 The IEP (Individualized Education Plan)

In order to qualify for an IEP, there are two requirements the student must meet under the IDEA (Individuals with Disabilities Education Act). The student must have one or more of the thirteen disabilities specified in the IDEA and the disability must impact the student’s ability to learn and benefit from the general education curriculum. 

 If your child is found eligible for special education, then an IEP is developed by the team (that includes you!) and sent to you for approval. An IEP is a written, legal document reviewed annually that identifies a child’s unique and individualized needs. It informs goals based on those needs which in turn inform the type and frequency of services (eg. speech and language, transportation, extended year services). It’s important to know that services will not begin until you respond in writing, either accepting the IEP in full or part, which is due 30 school days from receiving the IEP. Of course the third choice is rejecting the IEP in full, however it’s a good idea to try to find something you can accept and work with the team to move forward on those areas you disagree.

 Sometimes those areas of disagreement can be over services or lack thereof, particularly if they were recommended by outside experts. The school district only has to consider an outside evaluation, whether it is privately or publically funded (known as an Independent Educational Evaluation or IEE). If you continue disagree, an IEP allows families dispute resolution options such as mediation, due process hearing or a state complaint.

 A 504 Plan (504)

A 504 is a plan, outlined in Section 504 of the Rehabilitation Act of 1973, that enables a student to successfully access the curriculum through specific accommodations and/or related services. To qualify for a 504 plan, the student must have any disability which “substantially limits one or more major life activities” and the disability limits the student’s ability to learn in a general education setting. 

 The 504 process is less formal than the IEP process. The team is not as strictly defined as with an IEP and while schools typically include parents in the process, it is not required. Documenting the 504 plan in writing is also not mandatory, however it generally includes a list of accommodations, supports or services and who is responsible for each service. 

 If you do not agree with the plan, unfortunately you do not have the right to an IEE, however you always have the right to get a privately funded evaluation. You also have options for dispute resolution such as mediation, impartial hearing or filing a complaint with the Office of Civil Rights (OCR) should you not agree with the school’s plan and you are unable to work through your differences.

 Whether your child has been found eligible for a 504 or IEP, it is most important that your child’s identified needs are appropriately addressed and that they are receiving a FAPE (Free and Appropriate Public Education). If you suspect they are not receiving the appropriate or recommended services to meet their needs, please document your concerns with the school and seek help through an advocate or an organization such as the Federation for Children with Special Needs.