504 vs. IEP – What is the Difference?
July 31, 2024
504 vs IEP – If you’re a parent of a student with a disability, you might be concerned with making sure your student gets the same quality of education as all the other kids at their school. Perhaps this is even more true if you are that student yourself, searching for answers about how the public school system (and public universities) guarantee your right to learn. That concern, that desire, is the heart of both the 504 Plan and the Individualized Education Plan (IEP). Both of these plans hope to provide for the protection of the educational rights of students with disabilities, and both are regulated by the United States Department of Education. But there are key differences between a 504 Plan and an IEP. Understanding those differences will help you pursue the best course for your child’s education—or your own.
What is Section 504?
Firstly, the laws and regulations around education in the United States are managed, at a national level, by the Department of Education. Within the Department of Education, there is something called the Office of Civil Rights. The Office of Civil Rights within the Department of Education works to ensure the rights of students, and one of its biggest objectives is to eliminate discrimination against students with disabilities on the basis of those disabilities.
When it comes to primary and secondary schools, that mission is covered by something called Section 504 of the Rehabilitation Act of 1973. Section 504 is a federal law designed to protect the rights of kids who attend schools or programs that receive federal funding.
It states that “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his 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.”
So, how does Section 504 define students with a disability?
In the following three ways. Students must:
- Have a physical or mental impairment that substantially limits one or more major life activities; or
- Have a record of such an impairment; or
- Be regarded as having such an impairment.
Section 504 mandates that all school districts have to provide a “free appropriate public education” to any student with a “physical or mental impairment that substantially limits one or more major life activities.”
Disability rights violations are also covered by Section 504.
What does a 504 Plan mean for my child?
Section 504 provides for the 504 Plan. A 504 Plan will detail the accommodations that the school district will make for your student. This includes things like extended time on tests and assignments, assistance with note-taking, and access to audiobooks. These accommodations are what allow for the school district to provide that “free appropriate public education” so that students with disabilities can absorb the same curriculum as everyone else, in a way that’s fitting to them.
Should I pursue a 504 vs. IEP?
- The 504 Plan can meet a wide variety of student needs, but are typically less formal. In that way, they can be used by students with a wide range of disabilities.
- It’s important to note that school districts are not required to invite parents to the 504 Plan development meeting for their child. This is very different from the IEP, in which parents are necessarily part of the plan’s development. We’ll talk about that more in the next section.
- It’s also important to note that schools don’t actually have to write down the 504 Plan for each child who pursues one. What does that mean? Well, the school might have a standard 504 Plan in place for any student who pursues disability accommodations.
- If you want or need to ensure that a detailed plan for your child’s accommodations is in place and physically documented, then it is very much worth pursuing an IEP.
What is the Individualized Education Plan (IEP)?
An IEP—or Individualized Education Plan—is a program developed to serve the specific educational needs of a student with a disability. It’s different from a 504 Plan, though, and in the following sections, we’ll explain just how. For the time being, let’s explore how an IEP is created and what the IEP contains.
How is the IEP regulated?
The IEP is governed by the Individuals with Disabilities Education Act (IDEA). While Section 504 was designed to ensure that all students have access to a “free, appropriate public education,” and that they do not suffer discrimination because of disabilities, IDEA works differently.
IDEA’s purpose is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living” and “to ensure that the rights of children with disabilities and parents of such children are protected.”
504 vs IEP (Continued)
What’s the big difference here? Well, rather than simply providing for a “free, appropriate public education,” as in Section 504, IDEA emphasizes the concept of “special education,” and particularly “related services” that are going to meet the unique needs of your child. There’s also a focus on the future that isn’t necessarily spelled out in Section 504. And, then, there’s the notion that IDEA exists to also ensure and protect the rights of children with disabilities and their parents.
Basically, IDEA is taking what’s there in Section 504 and expanding it into something a bit more robust and explicit. The idea within IDEA isn’t wholly different from Section 504, it’s just more detailed.
What goes into an IEP vs. a 504?
The IEP gets created by a team of people who represent the different needs of the child, including:
- Teachers, counselors, and administrators from different educational disciplines,
- Parents and/or other family members,
- Designated advocates, and
- The child
According to the University of Washington, an IEP typically includes:
- “The involvement and progress of the child with a disability in the general curriculum,
- All related services for which the child qualifies
- Appropriate educational accommodations necessary for the child to be successful
- The child’s present levels of education and performance, and
- Measurable annual goals and objections for the child’s education.”
The IEP will “follow” your student (or you) throughout the rest of your school life. Additionally, the team of parents, teachers, and counselors will make routine check-ins as to the effectiveness of the plan. Changes are also made as needed to help the student on their journey.
Which is better for my child? A 504 vs. IEP?
In order for a student to be classified as having a disability, your child’s school will evaluate your student based on the kind of disability with which they present.
Then, based on that evaluation, the school will send you a letter to schedule a meeting and discuss the best route for your student.
According to ADDitude Magazine, “A 504 Plan is usually offered as a sort of consolation prize for students who are not deemed sufficiently disabled to qualify for an IEP.”
That sounds a little harsh, doesn’t it?
But the judgment stems from the fact that the IEP is a more individualized, closely followed plan than the 504. We’ve discussed how Section 504 covers the creation and regulation of disability accommodations. It’s the broader category into which the IEP fits. Out of the two—a 504 Plan vs. an IEP—the IEP is more detailed and more individualized. After all, the idea of it being an “individual” plan is right there in the name.
The IEP and 504 Plans will follow your child throughout the entire time in the public school system. But once your student graduates and heads off for college, they will need to pursue accommodations in a different way.
Transitioning from High School to College with a Disability
Though students will no longer have the same plans that were established through their IEP or 504 Plan when they go to university, they can still pursue and be protected by the law on the basis of their disability status.
The Americans with Disabilities Act, housed within the federal government, steps up where the IEP and 504 Plan drop off.
According to the Americans with Disabilities Act, “one must have a disability or have a relationship or association with an individual with a disability” to be protected.
Okay, what does it mean to have a disability?
According to the ADA, a person with a disability:
- “has a physical or mental impairment that substantially limits one or more major life activities,
- a person who has a history or record of such an impairment,
- or a person who is perceived by others as having such an impairment.”
Note: The ADA does not specifically name all of the impairments that are covered.
But the ADA does define the “substantial limits” to “major life activities” as: “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”
This means that students with a range of disabilities can find accommodations in college, including neurodivergent students, students with autism, ADHD, and potentially even depression and anxiety (depending on the severity) can secure accommodations to help them succeed.
What type of accommodations can be expected at the university level?
Similar to accommodations that may have been discussed during the 504 vs. IEP process, university-level accommodations might include:
- Extra time for tests and exams
- Private space for tests and exams to limit distractions
- Assistance with notetaking
- Permission to record professor lectures or seminars
- Extra time and/or flexible deadlines for assignments and projects
- Class times that meet the productivity needs of the student
- Housing accommodations for students with physical disabilities might include private bathrooms, ground-level housing, extra space, and priority in housing selection
- In addition, technology that assists your student in their learning process may be permitted on campus even in spaces where that technology might be otherwise prohibited.
Students with disabilities will also learn the important skill of advocating for themselves in an adult context, but in the controlled space of a college campus. Regular conversations with professors, administrators, housing staff, and other campus employees will help the student to reach their goals uninhibited by their disability.
What happens if my student does not qualify for an IEP or a 504 Plan?
Sometimes, school evaluations will show that a student who struggles with learning does not actually have a disability. Unfortunately, this applies to neurological and also to developmental disabilities. Schools may make this judgment without parental input.
If you find that the school has made an error in the evaluation of your child, you can dispute the school’s findings. To do so, parents must request an individualized education evaluation, or IEE. This means that another, independent evaluation of the student’s abilities will be conducted. The good news is that this evaluation may be conducted at the school’s expense, and not at the family’s expense.
The Upshot – 504 Plan vs IEP
In conclusion, with increased attention and diagnosis of learning disabilities, there is increased attention to providing resources for students in need. There are also some colleges with excellent programs for students with disabilities. We’ve compiled our own list, which includes details on the focus of services, professional staff, and the cost of attendance.
The Differences Between a 504 and IEP – Additional Blogs of Interest
