Advocate Like A Mother: 504 vs. IEP: Which Is Better?

BY MARIA GIANCOTTI, M.ED - STUDENT ADVOCACY MICHIGAN

Both 504 plans and IEPs (Individual Education Programs) help support children with disabilities impacting them at school. It’s not a question of which plan is better, but a question of which plan is most appropriate for each child’s needs. Let’s look at both programs to better understand the differences and types of support provided.

A 504 Plan refers to Section 504 of the Rehabilitation Act of 1973, a Federal Civil Rights Law enacted to provide equitable access to education and learning for children with any disability that interferes with the ability to learn in the general education setting. The disability must impact at least one major life activity, which is defined in the law as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”

It is important to note the law also mentions this is not an exhaustive list. Children on a 504 Plan are also legally covered under the ADA (Americans with Disabilities Act).

A 504 Plan includes accommodations, support, or services that help a child access the general education curriculum. Examples of commonly implemented accommodations are extra time to complete assignments or tests, a quiet location to take tests, specific seating in a classroom, repeating instructions, providing prompts to refocus, or taking a break away from the classroom when needed. 504 plans are also appropriate when a child has food allergies or other conditions which affect the daily needs of life. Accommodations are determined based on the student’s individual needs, so the options are endless. The accommodations are written into a 504 Plan document which is legally binding. The school has the legal obligation to ensure the accommodations are provided as written. Federal Civil Rights law is violated when accommodations are not provided per the document, and action can be taken to ensure accommodations are used properly.

An IEP is more comprehensive than a 504 Plan and automatically covers a student under Section 504 and the ADA. It is more difficult to qualify for an IEP, but it provides additional federal legal protections under IDEA (Individuals with Disabilities Education Act). The law provides FAPE (Free and Appropriate Public Education) for disabled children and ensures special education and related services at no cost to parents. This administrative law has more clearly written and defined legal obligations of the school and procedural safeguards for parents.

IEP eligibility requires a child to have at least one of thirteen different disabilities including autism, deaf blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury or visual impairment. The disability must also impact their ability to learn and benefit from the general education curriculum and require specialized instruction to progress in school. There is a formal process of evaluation and determination of eligibility for an IEP that requires a team of qualified professionals like teachers, psychologists, social workers, speech and language pathologists, occupational therapists, administrators, and parents.

Parental consent is required for evaluation and the initiation of an IEP if the student is found eligible.

An IEP will include accommodations just like a 504 plan and may also provide specialized instruction by a special education teacher, one-on-one support, speech therapy, occupational therapy, and behavioral therapy. The services and specialized instruction provided are determined based on the child’s unique needs and are written in a legally binding document. If the IEP is not implemented as written, it potentially violates IDEA, Section 504, and the ADA, which means actions can be taken.

Both 504 Plans and IEPs support students with disabilities. The needs of the child will determine which program is most appropriate. A 504 is a bit easier to qualify for but provides less support. An IEP includes what a student would get in a 504 plan but also includes special education instruction or related services. Both programs have legal protections, but IDEA has more detailed legal language and procedural safeguards for parents.

If you are unsure of which program is best for your child, need help making sure your child has the right support, or struggling with compliance of your child’s 504/IEP, contact me for help! We can work together to get the best support for your child at school!