Children who require academic accommodations will most likely have them met through one of two ways: a 504 plan or an Individualized Education Program, commonly referred to as an IEP.
While both plans are federal laws and offer formal support for students with disabilities, there are some key differences.
A 504 plan generally encompasses health-related accommodations, and it may include but isn’t limited to learning disabilities. An IEP may include the same accommodations as a 504 plan, but its primary function is to support students with learning disabilities through tailored instruction that involves a special education teacher providing learning strategies.
“It’s best for parents to figure out what their kids’ strengths and challenges are, what they need and how to get it,” says Rich Weinfeld, executive director of Weinfeld Education Group, which helps families navigate special education. “Getting it could be through a 504 plan, it could be through an IEP, or it could be neither. They are different vehicles, and each one is appropriate in certain situations.”
[READ: What Does ‘Neurodivergent’ Mean?]
Weinfeld, who has written several books on education for children with learning differences, uses several questions to help parents navigate the system and request support for their children.
— Does my child have a disability that is impacting their education in any way, including academically (reading, writing, math) or functionally (executive skills, social skills, coping skills)?
— Does my child only need accommodations that provide equitable access to instruction, such as preferential seating or extended time on tests? If yes, request a 504 plan in writing.
— Does my child also need to be taught strategies and skills to make progress in school? If yes, request an IEP in writing.
Stephanie Taylor, vice president of clinical innovation at PresenceLearning, which provides services related to special education, describes how a 504 plan and an IEP may be used to help students with different needs.
“Let’s say you have two students, both with ADHD and a reading disability,” she wrote in an email. “Does the diagnosis negatively impact their education and does it require specialized instruction? Student A is in the fifth grade but reading at a second-grade reading level. … Because they are not at grade level, they would need specially designed instruction in reading to get caught up. That’s a clear case for an IEP.”
The other student has a similar diagnosis but may present a different scenario when it comes to support.
“This student is reading at grade level, but their behaviors are negatively impacting their ability to stay in the classroom,” Taylor says. “Maybe they are disruptive, or have trouble completing the entire assignment at once. … Student B doesn’t need specialized instruction in reading. She may need accommodations or modifications such as chunking assignments, frequent breaks or even a behavior plan. For that student, a 504 would certainly meet their needs.”
Both plans are legally binding, meaning teachers, schools and school districts must follow them as written. If they aren’t in compliance, parents can file complaints, which could lead to lawsuits in extreme cases, experts say.
In public schools, written requests begin the process of evaluation and start the clock on decisions that require a timely response from educators.
Here’s what parents and students should know about the process of creating a 504 plan and an IEP.
504 Plans
Named after Section 504 of the Rehabilitation Act of 1973, a federal civil rights law, 504 plans are designed to eliminate discrimination in programs that receive federal funds, such as public school districts. A 504 plan also provides equal access to education for people with disabilities, focusing on accommodations like the ability to leave the classroom or additional time to take a test. It falls under anti-discrimination laws and is usually much less involved than an IEP.
A 504 plan is designed to “level the playing field so that students can have a day similar to every child that doesn’t have whatever that diagnosis is,” says Allison Slone, a special education teacher at Rowan County High School in Kentucky. The plan lists the accommodations and services that a student needs to succeed in a general education classroom.
Who Is Eligible?
Any student with a documented physical or mental impairment that is prohibiting a major life activity likely qualifies for a 504, Taylor says. Examples of federally defined “major life activities” include caring for one’s self, performing manual tasks, eating, sleeping, walking, seeing, hearing, breathing, communicating, reading, thinking, concentrating and learning.
Parents must provide documentation, which can include a medical diagnosis or doctor’s note.
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Who Creates It?
The responsibility for creating a 504 plan varies across states, school districts and schools. Many schools have a 504 coordinator or a federal programs office that oversees plan creation and implementation.
If schools don’t have either, 504 plans are typically created in a meeting that includes the student and parents, a school counselor and a general education teacher. In some cases, a school principal or other administrator may participate.
In most cases, special education teachers are not part of the setup process. Forms for a 504 plan are typically much shorter than for an IEP.
What’s in It?
A 504 plan may require classroom and testing accommodations, such as large-print copies of a test or a printed copy of spoken directions, and the settings for which those accommodations must be made. If students have medically related accommodations — such as a diabetic student needing to take insulin at a certain time or a student who suffers from seizures needing to take medicine or leave the classroom for any reason — those would be noted in a 504 plan.
The names of those implementing the plan, such as teachers and counselors, are generally included in the plan, as are any contributing medical diagnoses.
IEPs
IEP was created by special education law to provide equal access for people with disabilities. The law protects the rights of students with disabilities to receive a public school education, specifically a “free and appropriate education” in the least restrictive environment, or where they will learn best in order to meet the goals in their plan.
Each state has its own guidelines, but if a child can make academic progress in a general education setting with support, educators often favor that path.
The goal of the IEP is to ensure students are progressing educationally and is more structured and specific than a 504 plan, requiring documentation of measurable growth.
Who Is Eligible?
The IEP process is based on eligibility requirements established by the Individuals with Disabilities Education Act, or IDEA. To be eligible, a child must fit under at least one of 13 disability categories listed in the act. A disability must significantly and adversely affect a child’s ability to achieve academically.
“That’s where the line gets a little blurry sometimes, because that’s where a child with ADHD or some other kind of medical issue might have special education,” Stone says. “If a child just needs the modifications, then they will likely only need a 504 plan. The difference is that a child with an IEP needs some instruction on how to handle their disability, or strategies that we could teach them to help them cope with their disability.”
If a child can make academic progress in a general education setting with support, educators generally favor that path. But if not, a resource class with a special education teacher is usually the next best option. Each state also has its own guidelines.
Depending on the category, a student needs a medical diagnosis to qualify for an IEP, Stone says. Students in Kentucky are reevaluated every three years, which means they must be diagnosed again by a doctor to qualify.
“If it’s a learning disability, a mild mental disability, autism or a behavior disorder, then that does not require any medical diagnosis,” she says. “That is testing we do in-house within the district to determine if they qualify for what the state requires to get them an IEP for that disability.”
Who Creates It?
The purpose of an IEP depends on a student’s needs. The process starts with a meeting with school officials to determine whether a child is eligible. If so, parents and educators develop a detailed written description of the child’s educational program.
Creating an IEP requires a team. By law, it must include a person qualified to administer and interpret the assessments, a parent or guardian, a general education teacher, special education teacher and an administrator, Taylor says.
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The process for evaluating a student for an IEP and creating one is generally much more involved. Special education teachers often spend several hours preparing paperwork, depending on the categories a student falls under and what is needed in their IEP, Stone says.
IEPs are reevaluated every year and must be done before the date of the previous year to be in compliance, she says.
What’s in It?
IEPs are lengthy documents that include information about a student’s least restrictive environment, their medical and/or academic accommodations, modifications, services, goals, objectives and present levels of performance, Taylor says.
As the document is created, parents and teachers discuss the child’s strengths, health and current performance. They establish goals and identify any need for assistive technology or accommodations, including supports for teachers and assessments to track everything.
How a student will participate in standardized testing, state testing and other assessments are noted in the IEP, as is information on how and to what extent a student will participate in general education classrooms, Gregg says.
Social and behavioral data may also be included in an IEP.
Resources for Parents
Whatever the path to support, experts say parents can be strong advocates for their children and should work with educators to find the right solution.
“Parents can think, ‘What is the goal here?'” Taylor says. “Parents can become educated on what the potential outcomes are, and what the different routes are to get to where they want to go. If a school doesn’t ask them that, I think they should ask the school. That’s a good thing.”
For parents who want to learn more about support available for children with learning differences, here are some resources:
— The National Center for Learning Disabilities has information and resources on 504 Plans, IEPs and applicable laws.
— The U.S. Department of Education has an FAQ on the federal law that governs 504 Plans.
— Understood, a nonprofit dedicated to providing parents with credible information about learning differences, offers a comparative analysis of 504 Plans and IEPs.
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504 Plan Versus IEP: A Guide for Parents originally appeared on usnews.com
Update 11/14/23: This article was previously published at an earlier date and has been updated with new information.
