Navigating Special Education: Understanding 504 Plans and Individualized Education Programs (IEPs)
School systems use both individualized education programs and 504 plans to meet the individual needs of students with special needs. The two documents have the same goal but take a different approach in helping students learn. One is not better than the other, just more appropriate for the student’s specific learning needs. Learning about the difference between IEP and 504 plans can be confusing for parents unfamiliar with special education laws and what they mean for their child.
Federal Laws Protecting Students with Special Needs
There are three federal laws that guarantee the rights of students with special needs: the Americans with Disabilities Act, the Individuals with Disabilities Education Act (special education law) and Section 504 of the Rehabilitation Act (civil rights law).
Individuals with Disabilities Education Act (IDEA): This is a federal special education law. Individualized Education Program (IEP) falls under Individuals with Disabilities Education Act (IDEA). IDEA guarantees all students the right to learn in schools that get federal funding.
Section 504 of the Rehabilitation Act: This is a federal civil rights law that protects against discrimination. 504 Plan falls under Section 504 of the Rehabilitation Act.
Americans with Disabilities Act (ADA).
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Section 504 protects the rights of people with disabilities and ensures that they have equal access to all public services that get funding from the federal government. The concept is that kids in public school should have “equal access” to the regular school curriculum in the same way that ramps provide “equal access” to federal buildings.
Eligibility for IEPs
To be eligible for an IEP, a student must meet criteria set by the Individuals with Disabilities Education Act and have one of 13 specified conditions that are written in the law. However, having one of these conditions isn’t enough to ensure a student is eligible for special education and an IEP. The disability must also have an educational impact that negatively affects the student’s ability to learn. All three of these criteria, including 1) qualifying disability, 2) disability impacts learning and 3) student requires specialized instruction to achieve education goals, must be met for the student to be found eligible for special education.
To have an IEP, a student must be found eligible by having one of the 13 disability categories in IDEA and require special education or related services to make progress in school. IDEA lists 13 specific conditions that qualify, including autism, specific learning disabilities and “emotional disturbance”.
Understanding 504 Plans
If a student has a medical diagnosis or condition that impacts learning but doesn’t qualify for an IEP based on the three criteria, the student may qualify for a 504 plan instead. A student can be considered disabled and may receive the protections of Section 504 and classroom accommodations, even if they do not qualify for special education under IDEA (in these instances, the student usually receives a 504 plan). Remember, a 504 plan is a formal plan that schools develop to remove barriers to learning and give students with special needs or impairments the support they need. Typically, the changes or accommodations are made in the general education classroom and don’t require specialized instruction. Because of this, a 504 plan is not special education and is not part of the IDEA.
Any child with a disability that impacts their ability to learn in school should qualify for either a 504 Plan or an IEP. If the disability doesn’t require specialized services, you can usually work with the school quickly to put a 504 plan into place. For example, if a child is easily distracted they could get a 504 plan that allows them to wear headphones during independent work time, or a desk at the front of the room. A student must have a disability that impacts one or more major life activities, such as reading or paying attention. Because IEPs have more requirements, a student who doesn’t qualify for an IEP might still be able to get a 504 plan.
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Key Differences: IEP vs. 504 Plan
While both IEPs and 504 plans are individualized for the student’s specific needs, they differ in what they provide for the student in school. A 504 plan is focused on ensuring that the student receives the necessary accommodations to access the general education curriculum and remove barriers, such as testing accommodations or a classroom accommodation like preferential seating. An IEP will likely include accommodations but may also include modifications that modify the general education curriculum. In general, IEPs are more robust than 504 plans. They are updated more regularly with specific and measurable annual goals and require the expertise of a certified special education teacher or “IEP case manager” to lead the IEP team in developing IEP goals and reviewing progress.
- IEP (Individualized Education Program): A formal plan that details the special education services and supports a school will provide to meet the unique needs of a student with a disability. Includes specially designed instruction.
- 504 Plan: A formal plan for how a school will remove barriers so a student with a disability can learn alongside peers in general education. Doesn’t include specially designed instruction.
If your child can make progress in school with only accommodations, then a 504 should be enough.
Accommodations vs. Specialized Instruction & Related Services
Accommodations provide supports to access the curriculum. These are adjustments in the classroom environment to help a child get past barriers caused by their disability. Accommodations provide supports to access the curriculum (i.e. These include equipment like a communication device, voice-to-text software, or books in Braille or online with voice output. One example of a student who may benefit from a 504 plan could be a student with attention deficit hyperactivity disorder who needs extra time to take a test or complete homework. Perhaps the student also has a need for specific seating - maybe in the front of the class or next to the teacher to be less distracted by other students.
Specialized instruction means working with a learning specialist, like a reading or math coach. “Related services” are therapies to help a student with developmental skills that contribute to learning. The 504 plan doesn’t offer related services - like physical or occupational therapy, etc. Instead, the accommodations or supports even the playing field for your child so they can access learning the way their same-age peers do.
What's Included in the Plans?
IEP:
The IEP is a written plan. It must include:
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- Any services the school will provide, including specially designed instruction and related services
- Details about each service, like who provides it, for how many minutes a week, and where
- Any accommodations (changes to the student’s learning environment)
- Any modifications (changes to what the student is expected to learn or know)
- Any assistive technology or tools the school will provide
- How the student will be included in general education classes and school activities
The IEP must include:
- Present level of performance (skill levels at the start of the plan)
- Annual goals that are measurable
- How often the school will track the student’s progress
504 Plan:
Unlike an IEP, a 504 plan doesn’t have to be a written document.
504 plans generally include:
- Any accommodations (changes to the student’s learning environment)
- Any assistive technology or tools the school will provide
- Name of the person responsible for making sure the 504 plan is put into action
Less common but possible to include:
- Any services the school will provide
- Any modifications (changes to what the student is expected to learn or know)
504 plans typically don’t track progress or include annual goals.
Developing and Reviewing the Plans
IEP:
The team that creates the IEP must include:
- The student’s parent or caregiver
- At least one general education teacher
- At least one special education teacher
- A school psychologist or other specialist who can interpret evaluation results or other data
- A district representative who has the power to approve school resources for the student
A parent or caregiver must consent in writing for the school to evaluate their child. They must also give written consent before the school can start providing the services in an IEP.
The IEP team must review the plan at least once a year. The student must be reevaluated at least once every three years to see if they still need an IEP. The IEP will be reviewed at each new school. You have the right to prepare for your IEP meeting by asking for a draft copy of the IEP prior to the meeting. If you can’t get the draft, consider rescheduling until you receive it so you can arrive prepared for the meeting. Write down your questions and ask for clarification. At the meeting, if you aren’t clear on the proposed recommendations, you have the right to ask your questions, disagree and make suggestions.
504 Plan:
The rules for who creates 504 plans are less specific than for IEPs. The team that creates the plan may include:
- The student’s parent or caregiver
- General and special education teachers
- The school principal
A parent or caregiver’s consent is required for the school to evaluate a student.
The rules vary by state. Generally, a 504 plan is reviewed each year and a reevaluation is done every three years or when needed. Check in with teachers on a regular basis to see how accommodations are working and if necessary, adjust the plan. The school has to tell families about a “significant change” to the 504 plan. Many schools send written notifications.
Resolving Disputes
Families with IEPs have several dispute resolution options, ranging from talking with the school all the way up to filing a lawsuit or civil rights complaint. Families with 504 plans have similar options. Learn about ways to resolve 504 plan disputes with the school. If a plan is not being followed, a first step is to contact the Section 504 coordinator at your school.
Rights and Protections
Both IDEA and Section 504’s regulations for Preschool, Elementary, and Secondary education have “procedural safeguards,” which are specific rights and procedures that enable families to participate and ensure their child is receiving FAPE, such as the right for the parent/guardian to examine relevant records and due process rights for resolving disputes. The Department of Education’s Office for Civil Rights (OCR) protects the rights of persons with disabilities. The Office of Civil Rights does not enforce IDEA. OCR enforces the Section 504 protections of students who receive special education services.
OCR enforces the Section 504 protections of students by ensuring:
- Free Appropriate Public Education (FAPE): Ensuring that students with disabilities attending public elementary and secondary schools receive regular or special education and related aids and services so that their needs are met as adequately as those of students without disabilities.
- Discipline: Ensuring that students are not inappropriately punished or disciplined for reasons related to their disability and are not subjected to different treatment in discipline.
- Accessibility of Technology: Requiring schools and colleges to use technology that is accessible to individuals with disabilities or to otherwise provide equal access to the educational benefits and opportunities afforded by the technology.
- Physical Accessibility of Programs, Services and Facilities: Requiring schools to make any programs, services and facilities physically accessible to individuals with disabilities.
- Harassment, Including Bullying that Rises to the Level of Harassment: Requiring schools and colleges to prevent and address harassment on the basis of disability.
- Right to Equal Treatment: Requiring that schools provide students with disabilities an equal opportunity to participate in, and receive the benefits of, the institutions’ programs.
504 Plans Beyond High School
Neither document continues after high school. IDEA guarantees special education services until age 22 or graduation, whichever comes first. After that, the IEP is no longer in effect. Section 504 guarantees equal access beyond age 22. There is no age limit on the 504 plan - so your child can take it to college or even to the workplace. The 504 plan itself will not follow a student through college or technical school, but these schools (and workplaces!) are still required to provide accommodations if needed. If your child is going to college, they won’t have a 504 plan, but they can go to the school’s Disability Office and arrange for the accommodations they need. The school will usually ask for the 504 plan from high school to prove the need.
Additional Support: Individualized Health Plans (IHPs)
If your child has a physical or mental disability, they may be eligible for a 504 Plan. If a student has an impairment or physical disability, he or she should have an IHP. An Individualized Health Plan (IHP) is available to help make education possible. An IHP ensures that a student with special medical needs can attend school and have those needs met during the time they would be at school.
The IHP is a plan created to address a student’s health needs during the time they would be at school. The plan identifies the student’s needs and a plan for addressing those needs. School staff work together to develop the IHP. IHPs outline student, family, and school roles and responsibilities and specify who will be providing the care, plans for staff training and specify who will provide that training, and ensure communication among staff members. They also ensure proper authorization should a health need arise suddenly. IHPs should be kept current, review dates should be written into the plan.
Parents can add an IHP to their child’s 504 Plan or IEP and should always request a meeting with the school to discuss their child’s health needs. Parents should also work with your child’s health care provider(s) to ensure proper care for your child is at school.
Navigating Transitions
If you have a child with an individualized education program, don’t be nervous about moving schools. Provide free and appropriate public education. Include services comparable to those in your child’s current individualized education program. Since different school districts provide IEP and 504 plan services in different ways, military families may be concerned about continuity of services between PCS moves. However, the Interstate Compact on Educational Opportunity for Military Children, a voluntary agreement between states and the military, helps to ease relocation issues. The Department of Defense State Liaison Office continues to work on the advance enrollment initiative, which is now policy in many states. Keep track of contacts, resources and your child’s progress and plan using the Special Care Organizational Record for Children with Special Health or Educational Needs. Visit EFMP & Me and review the education checklist to learn more about IEPs and 504 plans. Visit the EFMP & Me tool to create a customized checklist for your family.
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