By Alyssa Drazin, Esq.
IEP vs. 504 Plan
Students with disabilities are protected by both federal and state laws. The Individuals with Disabilities Education Act (IDEA) is the federal funding law for special education. It prescribes certain requirements that states must agree to abide by in order to get federal special education funding.
Section 504 of the Rehabilitation Act of 1973 is the federal law that protects qualified students from discrimination based on their disability. Both the IDEA and Section 504 require districts to provide a free, appropriate public education (FAPE) to eligible students with disabilities. While the purpose of both laws is to provide an eligible student with FAPE, the mechanism in which FAPE is implemented is different. Students who qualify under the IDEA are eligible to receive an individualized education plan (IEP). Students who qualify under Section 504 of the Rehabilitation Act of 1973 are eligible to receive a 504 plan.
What is an IEP?
An IEP is a written document outlining the special education and related services that an eligible student will receive at school. An IEP includes modifications, accommodations, and/or related services that the student requires in order to receive FAPE. An IEP is meant to enable a student to make meaningful educational progress in light of his/her unique circumstances.
A student is deemed eligible for special education and related services when it is determined that the student has one or more of the 14 disabilities listed below, the disability adversely affects the student’s educational performance, and the student is in need of special education and related services.
1. Auditory impairment
2. Autism
3. Intellectual disability
4. Communication impairment
5. Emotional regulation impairment
6. Multiple disabilities
7. Deaf/blindness
8. Orthopedic impairment
9. Other health impairment
10. Preschool child with a disability
11. Social maladjustment
12. Specific learning disability
13. Traumatic brain injury
14. Visual impairment
An IEP is developed by the student’s IEP team. Meetings of the IEP team must include: the parent, a general education teacher, a special education teacher, an individual who can interpret evaluation results, the case manager, representative of the district board of education, the student when appropriate, and, at the discretion of the parent of board of education, other individuals who have knowledge or expertise regarding the student.
The IEP should tell the reader where the student is currently functioning, what the annual goals are for the student, and what programming is needed to ensure the student meets their annual goals. To be appropriate, the IEP must permit the student to progress in the least restrictive environment (LRE).
What is a 504 Plan?
A 504 plan is a written document outlining the accommodations and related services that an eligible student will receive in school. A 504 plan is meant to provide the services needed to meet the students’ individual needs as adequately as their nondisabled peers.
A student is eligible for a 504 plan if he/she has a physical or mental impairment that substantially limits one or more major life activities. Major life activities may include functions such as caring for self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.
The 504 plan is developed by a multidisciplinary group of individuals who are knowledgeable about the student, including the student’s parents, the meaning of evaluation data, and placement options.
While Section 504 does not mandate that certain information be included, a 504 plan typically includes information about the student's disability and the accommodations the student requires to receive FAPE.
THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.