IEPs and 504s, what’s the difference?
Special education is full of jargon and acronyms. It can be nearly impossible to keep up with them all, especially since they are constantly revised! You will repeatedly hear and see two acronyms: 504 Plans and IEPs. There is a lot of confusion between these two, and it can be challenging to understand why a student may qualify for one rather than the other. My goal is for you to leave with a better understanding of 504 Plans and Individualized Education Plans, including their differences and benefits for students. Let’s dig into this topic!
Section 504, Rehabilitation Act of 1973
“No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”
Section 504 is a broad civil rights law that applies to any individual with a disability, including children. It protects these individuals from discrimination for reasons related to their disability. In schools, this may mean exclusion from school-related activities or field trips.
Eligibility Criteria
To qualify for a 504 Plan, a student must have a physical or mental impairment that substantially limits at least one major life activity. Major life activities include but are not limited to
- walking
- seeing
- hearing
- speaking
- breathing
- learning
- working
- concentrating
- caring for oneself
- performing manual tasks
- interacting with others
Individuals with ADHD, gross and fine motor difficulties, medical conditions, and many other impairments may qualify for a 504 Plan. Consent is required to implement a 504 plan. A 504 plan does not necessarily receive annual review or changes, and any changes that do occur do not require prior written notice.
What’s included in a 504 Plan document?
Typically, a 504 Plan is short and sweet and outlines the accommodations and services the student will receive to meet their educational needs. It will vary in length depending on the child’s needs. The 504 Plan will also include the student’s disability, how it impacts their life and the list of individuals who helped collaborate on the document.
The accommodations listed on a 504 Plan will be tailored to meet the educational needs of that student. Some common accommodations include
- extended time
- preferential seating
- the use of fidget items
- utilizing large print
Check back soon for my comprehensive list of accommodations and modifications!
What rights does a 504 Plan provide?
Section 504 is a civil rights law that the Office of Civil Rights monitors. Students serviced with a 504 Plan have procedural safeguards but are less robust than those with an IEP. There are some rights in terms of school discipline. If a student with a 504 Plan exhibits inappropriate behaviors that are not a manifestation of their disability, schools can expel them without continuing to provide a free and appropriate education.
Phew, that was a lot. Take a breath before digging into the IEP section!
Alright, let’s talk about Individualized Education Plans, better known as IEPs!
Individualized Education Plans
An IEP is a legally binding document tailored to the student’s individual needs. It is governed by the Individuals with Disabilities Education Act (IDEA), an education law that also falls under civil rights law. The IEP document outlines many things, including a student’s present levels, measurable goals, accommodations and modifications, and more. Public schools must follow the federal law put in place by IDEA, but there are some state-specific laws as well. The state-specific laws must abide by IDEA, but they can be nuanced. If you have state-specific questions, reach out to me; I will be happy to help!
Eligibility Criteria
Parents or school professionals may refer a child for an evaluation. This referral process is called “Child Find”. A parent or guardian must provide consent before any evaluations or assessments begin. Once the child is evaluated, there will be an eligibility meeting to review the results. According to IDEA, to qualify, a student must have a disability in one of the following 13 categories
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (including ADHD)
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
Having or being diagnosed with a disability does not automatically qualify a student for an IEP. They must both have a disability AND, as a result of that disability, require specialized instruction to make academic gains.
What’s included in an IEP document?
So many things! Each state formats the document differently, but again, they must follow the guidance of IDEA. Remember, an IEP is a legally binding document that the IEP team must follow. Federal law has determined that an IEP must include the following data
- The Individualized Education Plan
- Present levels, goals, how goals will be measured, accommodations and modifications, etc.
- The IEP team
- Parents, general education teachers, special education teachers, related service providers, etc.
- IEP team attendance
- Consideration of special factors
- Special factors include behavior, limited English proficiency, blind or visual impairment, and communication needs.
Remember that this is a very broad overview of an IEP document. I could write a book if I included all the specific details and intricacies of an IEP!
What rights does an IEP provide?
IDEA has set forth a federal guideline for parental rights and safeguards. Each state takes that guidance and creates its own version that abides by the federal guidelines and includes state-specific items.
- Parents have a right to receive their procedural safeguards, which the school personnel should provide.
- Parents have a right to access their child’s educational record
- Parents have a right to review any documentation that will be discussed at an IEP-related meeting
- Parents have the right to participate in meetings meaningfully
- Parents have a right to receive “prior written notice.” (I love PWNs! I’ll be writing a blog post on why soon!)
- Parents have a right to give or deny consent before changes happen
Here is a link to a comprehensive PDF from Wrights Law that covers procedural safeguards.
Wrights Law does an exceptional job and is one of my go-to resources for all things special education!
Don’t mind me; Abbott Elementary and I are having a moment. It’s hilarious and, unfortunately, relatable.
Okay, now you know a bit about the 504 Plan and Individualized Education Plans. There are similarities, but let’s focus on the differences between them. I’ve created this infographic to summarize the differences between the two quickly.
TLDR;
- 504 Plans do not provide as many rights or protection as an IEP does.
- 504 plans focus on accommodations, modifications, and services that provide access to education.
- 504 Plans do not require schools to provide individualized education.
- While consent is required for a 504 Plan to be implemented, prior written notice is optional to make changes to the plan.
