What is the difference between an IEP and a 504?
And how do I know what my child needs?
It can be scary if you think your child is not developing normally. If you are concerned about your child’s development, talk to your pediatrician immediately. If they are not helpful, find a new doctor. If you are not sure what to say to your doctor or the school district about your concerns, the CDC has tips on their website.
If your child is older and you notice changes or behavior that is concerning, it is not too late for your child to be evaluated. Students qualify for services from ages 3-21 through their public school system. States can provide services beyond the age of 21 if they choose. But, what do you do?
How do I know if my child needs help? If you think your child needs help, ask for it. Do not hesitate or worry about bothering anyone. Specifically, if your child is struggling at school academically, mentally, or behaviorally, ask for an evaluation. That evaluation determines what they need. Both an IEP and a 504 Plan refer to students with disabilities. Look past the term disability and determine what your child needs. When we hear the term disability, most people think of a physical disability, autism, blindness, or hearing impairments. Each law defines the term disability differently. Denying your child the help they need because you are uncomfortable with the label “disability” is doing your child a disservice.
An Individualized Educational Plan (IEP) and a 504 Plan are programs that allow students with disabilities to receive help if they qualify. The goal of both programs is to help students. Parents don’t get to choose which one their child will receive; all students must go through a prescribed process to qualify. Federal law protects both programs. Even though you don’t get to decide which program applies to your child, it is important to understand both. Since these are complicated processes that are federally protected, it can get confusing. This is a quick overview so you can get started.
IDEA- Individuals with Disabilities Education Act (IDEA) is a federal law that protects students’ rights to free appropriate public education (FAPE). IDEA=IEP.
IEP- Individualized Education Plan is the specific plan a student with disabilities will receive.
504 Plan- The Rehabilitation Act of 1973 is a federal law that prohibits discrimination based on disability. Section 504 of that Act addresses public schools.
Ask for an evaluation. Once your child turns 3 years old, contact your local public school district and let them know that you have concerns about your child’s development and would like to have your child evaluated by the school for preschool special education services. If your child is already in school, then contact the school they attend directly and ask for a special education evaluation.
It is best to do this in WRITING. Starting now, you will want a paper trail of everything. These programs have specific guidelines for compliance. The request does not have to be fancy. Be sure to put the date on the letter, state your name, relationship to the child, child’s name, grade/teacher, and reason for requesting an evaluation. You can see sample letters here.
Once you notify them, there is a timeline they must abide by. I highly recommend making your concerns known by email so you have a documented (dated) paper trail. Keep all communications with the district. If they call you to tell you information, write it down and then send them an email summarizing it. The email could state, “Thank you for your call today. I want to make sure I understood our call today. You said…” That way, there is no confusion about what they said. Hopefully, everything goes well, but you should always prepare to have to defend yourself in a hearing.
The law. The Individuals with Disabilities Act (IDEA) protects students’ right to free appropriate public education and ensures that special education services are available to eligible children with disabilities. An Individualized Educational Plan (IEP) is a legal document that addresses the skills and services schools will provide. Oversight for IDEA is through the Department of Education.
The Rehabilitation Act of 1973 prohibits discrimination based on disability in any program conducted by a federal agency, programs receiving funds from the federal government, federal employment, and employment of federal contractors. Section 504 of the act addresses any program receiving federal money, which would include public schools. A 504 Plan refers to the plan a school will make to ensure they are not discriminating against a person with a disability. Oversite of The Rehabilitation Act of 1973 is through the Office of Civil Rights.
How do these programs differ? As a retired teacher, it is still sometimes hard to remember all the requirements for these programs. For me, the easiest way to differentiate them is to remember that an IEP is a plan for a child’s special education experience at school and a 504 Plan is a plan for how the school will provide support to remove barriers for a student with a disability. An IEP is a lengthy, written, structured, and specific plan and a 504 Plan is short, not required to be written (but usually is), and may just list accommodations.
Defining disability. IDEA (an IEP) focuses on special education services for students with disabilities and the rights that these students and their parents have. To qualify for an IEP, a child with a disability is evaluated and determined to have a specific disability and needs special education and related service because of that disability. There are 13 disability categories under IDEA, though districts can determine a child needs special education services even if they do not fit into those categories. Special education services can include physical, occupational, speech, or behavioral therapy; one-on-one help from a tutor or aide; or instruction from special education teachers who work with students with unique needs.
Section 504 requires that an individual with a disability have a physical or mental impairment that substantially limits a major life activity or bodily function. There are no categories for disability, nor are there any requirements that a student needs special education services. They only need related services. If a child qualifies and needs accommodations (some may not) then the school creates a plan to provide those accommodations. A 504 Plan provides fair access to a learning environment. 504 Plans do not provide specialized instruction.
If your child qualifies for an IEP, they will not have a 504 Plan because they will provide all accommodations in the IEP.
Districts must ignore stereotypes. The Office of Civil Rights has reported that many times, a district determines a student with good grades cannot qualify for a 504 Plan. They assume that you cannot have a disability if you are doing well academically. We should all pause and reflect on the bias in that thought process. Students with disabilities can be successful and that is an important mindset for schools to have. If a parent asks for an evaluation or a school suspects a diagnosis (for example, ADHD), they must consider a 504 evaluation. Grades alone cannot determine if a student has a disability.
IEP Timeline. Once you ask for an evaluation for special education services, the school should set up a meeting. IDEA says they should do it in a “reasonable” time. For every meeting you have, the school must provide a 7 day notice of the meeting location and time. The school can begin the evaluation of your child without having a meeting. The evaluation is an important process and it will determine if your child qualifies for services. The evaluation cannot happen until a parent signs the Permission to Evaluate form. If you don’t sign it, the process ends here. You should receive this form within 15 days of the request for an evaluation.
They will report the results of the evaluation to you within 60 days, though they usually do it sooner. The law gives them 60 days, though. Then, you will have an IEP meeting. You should receive a copy of the IEP before the meeting so you can review it. At the IEP meeting, you will find out if your child is eligible for services, then the school has 7 days to tell you the specific services and when they will begin. IEP meetings must happen every year to review the progress and goals of your child. If the school decides your child does not qualify, they may suggest a 504 Plan to help your child.
IDEA (an IEP) has a specific timeline. Does Section 504 have one? The short answer is, sort of. Section 504 does not specifically mention a timeframe for an evaluation. The Office of Civil Rights looks at the time frame for an IEP, which is 60 days, state requirements, and local district policy to determine if a district is reasonable in its time frame. Remember, that “clock” does not start until parents give consent for assessment. Always make sure you have all correspondence in writing in case you need to show a district is not complying with the law.
Special Education v services. This is so confusing. A student might not qualify for special education under IDEA (meaning they do not need an IEP) but they may qualify for services under Section 504. These services can include extra time on assignments or tests, designated seating, testing in a non-classroom setting, and assistance from an aide for classroom activities. The service should help your child be successful in the classroom.
What if they say my child does not need an evaluation? If you disagree, you can ask for a due process hearing that provides a review and allows for representation by an attorney. Districts do not want to go to a due process hearing, so they will evaluate your child if you let them know you will bring it that far. If you do not agree with their evaluation, request a due process hearing.