[This is part 2 of 5 in a series of posts related to IEPs. Part 1 is here.]
The terms “504 Plan” and “IEP” are frequently referenced as though they are synonymous. This often happens because children who are eligible for an IEP are also eligible for a 504 Plan. Nevertheless, parents should be aware of important differences between IEPs and 504 plans. These differences can impact a student’s eligibility for services in the first instance and the scope and nature of a school’s obligations to eligible students.
The key to understanding the difference between an IEP and a 504 Plan is understanding that IEPs are a creation of the federal Individuals with Disabilities Education Act (“IDEA”), whereas 504 Plans pertain to Section 504 of the federal Rehabilitation Act, enacted in 1973. This is important; IDEA is education-focused legislation, and it was enacted specifically to address schools’ obligations to students with disabilities. Because of this, IDEA contemplates services that are tailored to the student’s individual needs and circumstances. By contrast, the Rehabilitation Act is broader, anti-discrimination legislation that addresses discrimination in the context of education but also many other situations. As such, 504 Plans are generally more focused on the learning environment rather than an individual student’s needs.
The good news for parents is that IEPs and 504 plans and both provided at no cost to parents (although any parent paying property or other municipal taxes will disagree).
There are important differences to keep in mind, as well. In general, it is more difficult for a student to become eligible for an IEP than a 504 Plan. Once eligibility is determined, however, IEPs/IDEA are more solicitous toward parents and students than 504s and provide more robust requirements and protections.
Here is a summary of the important differences between IEPs and 504 Plans:
- Eligibility standard. The standard for obtaining an IEP is stricter than a 504 Plan, since a child is not eligible unless he or she has one of the specific disabilities enumerated in IDEA, and the disability must demonstrably impact the student’s ability to learn. 504 plans allow a broader definition of disability, and students are 504 eligible if the disability substantially limits a “basic life activity” such as learning.
- Request for IEE. A school is required to pay for an IEE under IDEA (although schools sometimes do not agree that an IEE is necessary). There is no similar requirement for purposes of a 504 Plan. Parents can always pay for an IEE themselves.
- IEP Teams vs. 504 Teams. The IDEA requires that the IEP Team creating an IEP actively participate in IEP meetings and must be comprised of parents, teachers, certain involved specialists, and a district representative. 504 standards are far less strict and may be an ad hoc group.
- IEP Plans vs. 504 Plans. IEP plans must be in writing and must include various, detailed elements pertaining to the child’s academic performance and the scope and nature of services to be provided by the school. By contrast, 504 Plans are not required to be in writing and do not have specific requirements.
As described, although there are similarities between IEPs and 504 Plans, they are far from synonymous. Any parent of a student with special learning needs encountering IEPs and 504 Plans for the first time should carefully consider these issues when discussing education services with the district.
For information about IEPs and 504 Plans, call us at 646.818.9870 or email info@lalorattorneys.com.
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