IEP versus 504 Plans

IEP versus 504-how do I know which one my child is eligible for?
 
To receive an IEP, a student must have a disability that: a) meets criteria under IDEA, b) significantly impacts educational performance and c) requires specialized services. I’m sure you are thinking, “what are the specific criteria under IDEA?” There are actually specific administrative codes/rules issued by each state that tell you exactly what is required to be eligible under each area of eligibility (all 13 areas to be exact).
 
To receive a 504 Plan, a student must have a disability that significantly impacts one of more major daily life functions. Within the school building that could be learning, concentrating, retaining, moving throughout the building.

IEP versus 504 Plans-What’s the difference?

Does it seem like a 504 would be easier to obtain than an IEP? You would be correct in thinking this. With a 504, a formal psychoeducational evaluation is not required but, with that being said, there are some things an IEP provides that a 504 does not.

IEP versus 504 Plans-What’s the difference?
 
Many parents and advocates have limited knowledge on the differences between a 504 Plan and an IEP. Some believe that an IEP is the only way for their child to receive accommodations within the classroom and other necessary services. The intent of this blog is to give YOU, the student advocate, a clear explanation of the differences between the two.
 
First of all, what is an IEP?

The term IEP is short for an Individualized Educational Plan. IEPs are federally mandated under the Individuals with Disabilities Education Act (IDEA). “The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children” (sites.ed.gov).
So, what on earth does that mean for parents? That means that each state that accepts IDEA funding (all do) are legally obligated to provide students with disabilities the supports and services they need within the public education setting at no cost to the parents.
 
I know what you are thinking, “So doesn’t that mean the school district has to supply any services/accommodations/supports that I want my child to have?” The answer to that is no. IDEA is put into place to provide any services/support that a student with a disability requires to receive FAPE (A Free Appropriate Education), not necessarily the services that parents want them to have to enrich their education. Anything in an IEP must be data driven and supported by daily classroom performance.
 
Now, let’s take a look at what a Section 504 Plan is. A 504 plan falls under federal law, Section 504 of the Vocational Rehabilitation Act. The best way to describe a 504 plan is that it is “a blueprint or plan for how the school will provide support and remove barriers for a student with a disability” (understood.org). 504 plans are geared for students who would benefit from accommodations, modifications, and related services. If a student requires additional support in the form of specialized instruction within the classroom, an IEP needs to be strongly considered.
Which plan is best will be dictated only by the level of need of the student and based upon the state eligibility criteria. There is no right or wrong answer when trying to decide between an IEP and a 504. It is whatever your child or client needs to be successful.

IEP vs 504 Plans

IEP versus 504-how do I know which one my child is eligible for?  

To receive an IEP, a student must have a disability that: a) meets criteria under IDEA, b) significantly impacts educational performance and c) requires specialized services. I’m sure you are thinking, “what are the specific criteria under IDEA?” There are actually specific administrative codes/rules issued by each state that tell you exactly what is required to be eligible under each area of eligibility (all 13 areas to be exact).   To receive a 504 Plan, a student must have a disability that significantly impacts one of more major daily life functions. Within the school building that could be learning, concentrating, retaining, moving throughout the building.

Does it seem like a 504 would be easier to obtain than an IEP?

You would be correct in thinking this. With a 504, a formal psychoeducational evaluation is not required but, with that being said, there are some things an IEP provides that a 504 does not.   IEP versus 504-what is typically included?   This is where the major differences are when comparing an IEP versus a 504. They both can provide students with accommodations, modifications, and related services. What sets an IEP apart from a 504 plan is that students with an IEP receive special education services. So, what does that mean? It means that students with an IEP get support from a special education teacher whereas a student with a 504 plan does not. The support can range from consultative to daily support. It all depends on the student’s level of need.    

Let’s jump into some FAQs!  


If my child receives an IEP, will they be put into a classroom with only disabled students?  

NO! Placement is determined on an individual basis. We always want students to be in their Least Restrictive Environment (LRE). Being in a classroom only with students who have disabilities creates a very restrictive environment. Those types of classrooms don’t give those students the opportunity to interact with non-disabled peers.  

Do more areas of eligibility under IDEA equal more services?  

NO! This is a common question we receive. Eligibility does not drive placement nor does it drive service amounts. What do I mean by this? A student who has 5 areas of eligibility could receive the same amount of services as a student with 1 area of eligibility. It is all about what a student needs to be successful. Once a student is eligible for an IEP, they are eligible for any services in which they show an area of need. There is no such thing as a ‘speech only’ IEP. Once you are eligible, you are eligible in all areas.  

If my child already has a 504 plan, are they able to be evaluated for an IEP?  

YES! As a parent, you have the right to ask that your child be evaluated under IDEA to determine suspected areas of disability. Just because a child has a 504 plan doesn’t mean they are ineligible to receive an IEP. As school increases in difficulty, some students require more support than a 504 would provide. Whereas, some students might have a 504 for the entirety of their school career and that might be what they need to be successful. The first word in an IEP is Individualized so it must be catered to each specific child.  


References  

https://sites.ed.gov/idea/about-idea/   https://www.understood.org/en/articles/the-difference-between-ieps-and-504-plans?_sp=3c9a5e80-1981-4abd-8aef-e1eb23918d33.1656259629747