What is the difference between an Individual Education Program (IEP) and a 504 Plan in school?

Parent Advocacy Series: IEP vs. 504 plan…

By law, schools are required to provide appropriate education for your child, which may include specific accommodations, services, or environments to help them learn. To understand what type of support is needed and what your child may qualify for can be complex. As a parent, it is important to be informed about two important laws that help guarantee your child has access to the support they need in publicly funded schools. There are two terms to be familiar with regarding these laws. The first law includes something called a Section 504 Plan, which may be referred to as a “504 plan,” or more simply as a “504.” The second law includes an Individualized Education Program, which may be referred to as an Individualized Education Plan or more commonly referred to by it’s abbreviation, “IEP.”

Section 504 Plan Basics

For those interested in the history of Section 504, it is part of the United States Rehabilitation Act of 1973 that was designed as a support for parents of students with physical or mental impairments in publicly funded schools. It is a civil rights law which prohibits discrimination against individuals with disabilities. What does this mean in the school setting? A 504 plan is a customized educational plan that legally ensures that your child is treated fairly at school and that they can access the general education curriculum just as equally as students without an impairing condition. Consider a 504 plan as a list of necessary and reasonable accommodations to even the playing field to ensure that a child with special needs has the resources they need to learn in the general education setting. For example, a 504 plan may ensure that a child with Attention-Deficit/Hyperactivity Disorder has preferential seating close to the teacher to improve focus. Additional examples may include ensuring that a child with a wheelchair has access to an elevator or that a child with Type I Diabetes is granted permission to leave class as needed to see a nurse for insulin. Depending on your child’s needs, their 504 plan would entitle them to a wide range of reasonable accommodations.

*The goal of 504 plans is for the student to have an equal opportunity when compared to peers who do not have a mental or physical impairment impacting them in school. Ultimately, it is created to allow students to be educated in the regular, general education classrooms with the appropriate accommodations, services, or environments they might need. It is important to note that a 504 plan provides accommodation in the general education setting.

• Wondering whether your child qualifies for a 504 plan?

  • There are two main criteria for qualifying for a 504 plan. First, a child must have a documented physical or mental health impairment. Examples may include but are not limited to a chronic illness, a hearing impairment, an anxiety disorder, or a physical disability. Documentation of your child’s diagnosis can be provided by your child’s pediatrician, family physician, and/or other outside specialists such as a mental health provider. Second, this impairment must also adversely impact or limit one or more of their abilities to function in the school setting, such as their ability to walk, eat, sleep, communicate, see, hear, concentrate, stand, move, work, or access learning.

• Examples of accommodations in 504 plans may include but are not limited to…

  • Extended time on tests

  • Separate or quiet work space

  • Preferential seating

  • Leaving class 5 minutes early to avoid busy hallways

  • Access to ramps or elevators

  • Use of adaptive equipment or technology aids

  • Reduced homework or classwork

  • A note taker or test reader

  • Excused lateness or absences due to medical or health appointments

  • Pre-approved nurse, counselor, rehabilitative therapy, or social worker visits

Individualized Education Program (IEP) Basics

The IEP is covered under the Individuals with Disabilities Education Act (IDEA), which ensures all children have access to a “free and appropriate education.” An IEP is covered under special education law compared to a broader, civil rights law which covers a 504 plan. What does this mean in the school setting? The IEP is an in depth and individualized plan to provide accommodations and special education supports for a child who has specific learning or mental health disorder diagnosis that is adversely affecting their progress in school. IDEA requires publicly funded schools to provide special education services to eligible students, however, not all children who struggle in school qualify for an IEP.

*The goal of an IEP is to grant qualifying students special education services in school.  Ultimately, if your child needs special education in school, they need an IEP. An IEP outlines the goals, needs, environments, services, and means for tracking your child’s progress to thrive in school.

• Wondering if your child qualifies for an IEP?

  • To be eligible, there must be evidence that a child’s school performance is adversely impacted by a disability in one of 13 pre-established categories and that they require special education services. The eligibility process begins with an in-depth evaluation by a school team to determine your child’s strengths and weaknesses, whether they meet criteria to be classified within a category, as well as whether they need special education services in school. There are 13 specific categories of a disability identified under the IDEA. Of note, some states and local education agencies adopt and define a non-categorical classification of eligibility called Developmental Delay. In no specific order, the categories are as follows:

    • Specific Learning Disability (including Dyslexia (reading), Dysgraphia (writing), Dyscalculia (math), Auditory Processing Disorder, or Nonverbal Learning Disabilities)

    • Autism Spectrum Disorder

    • Visual Impairment, including blindness

    • Deafness

    • Hearing impairment (which includes individuals with hearing loss not covered under definition of deafness)

    • Deaf-blindness

    • Emotional Disturbance (which can include mental health disorders, such as depression, anxiety, OCD, PTSD, etc.)

    • Intellectual Disability

    • Orthopedic Impairment

    • Other Impairing Health Condition (which is defined as a student having limited strength, alertness, or vitality to environmental stimuli in school, which can include ADHD, asthma, epilepsy, Tourette’s Syndrome, etc.)

    • Speech Language Impairment

    • Traumatic Brain Injury

    • Multiple Disabilities (which includes individuals who meet criteria under several categories)

    • *Developmental Delay (Defined by the state or local education agency. For example, the state of North Carolina defines this category as children, ages 3 to 7 years, who have early delays in development, such as physical, cognitive, social-emotional, or speech/language.)

Overview of 504 Plan and IEP

Section 504 plan

• Law: Civil Rights

• Setting: General Education

• Qualification Process: Documented physical or mental impairment that has an adverse impact on the student’s basic functioning in school.

• Support Team: General Education Teachers

• Timeline: 504 plans can be implemented to support chronic conditions for a student’s entire enrollment in school or for acute needs (e.g., broken leg with crutches). They should be revised and/or re-assessed at least once per year to determine whether supports are still needed or should be adjusted.

• Gist: A 504 plan is a blueprint for how the school will support and/or remove barriers for a student with a disability to ensure they have equal access to their general education.

Individualized Education Program (IEP)

• Law: Special Education

• Setting: Special Education

• Qualification Process: Even with a documented disability or impairment, qualification is determined by a special education team made up of several members, including the student’s family. There must be data and evidence to support that the student needs special education services through classification under one of the 13 categories of IDEA.

• Support Team: Special Education Teachers, IEP Team

• Timeline: In depth process where family and school need to gather data of the student’s learning needs and performance. The first step of assessing your child’s need for an IEP involves having an evaluation for special education, which can take several months and may include observations and testing of your child’s cognition and learning, socio-emotional functioning, and other school skills.

• Gist: An IEP is an individualized blueprint for a student’s special education needs in school, which may include altering their instruction, providing additional support services, or alternative learning settings or experiences. It also identifies a student’s individualized goals, services, and means for tracking progress.

If you have additional questions about a Section 504 Plan and/or an Individual Education Program and whether your child may need support under either plan, please contact your child’s school in writing to ask questions or to address your concerns.

*For more general information on 504 plan and IEP eligibility, as well as the school assessment process, stay tuned for the Behind the Behavior Psychology upcoming 3 part Parent Advocacy Series on common causes of poor school performance and ways parents can help. Included within these informational blogs will be information for parents and caregivers on the testing process in schools and how to be the best advocate for your child.