The Difference between IEPs and 504 Plans

(Adapted from https://www.understood.org/en/articles/the-difference-between-ieps-and-504-plans)

	Individualized Education Plan (IEP)	504 Accommodations Plan
What is it?	A description of the strategy for a child’s special education services at school	A description of how the school will provide support and remove barriers for a student who has a disability
Why should I have it?	Provides Free Appropriate Public Education (FAPE) through individualized special education and related services to meet a child’s unique needs in the Least Restrictive Environment (LRE); These services are provided at no cost to families.	Provides FAPE through services and accommodations to help students to learn with their peers in the LRE; A 504 plan is provided at no cost to families.
What is the related law?	The Individuals with Disabilities Education Act (IDEA) is a federal special education law for children with disabilities.	Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law to stop discrimination against people with disabilities and provides equal access to a school’s program.
Who is eligible?	A child must meet three requirements to be eligible for an IEP: 1. The child has one or more of the 13 disabilities listed in IDEA. 2. The disability must affect the child’s educational performance and/or ability to learn and benefit from the general education curriculum. 3. The child must need specialized instruction to make progress in school.	A child must meet two requirements to be eligible for a 504 plan: 1. The child must have a documented disability. Section 504 has a broader definition of disability than IDEA. 2. There must be barriers to the student’s equal access to FAPE. The disability must substantially limit one or more basic life activities, including learning, reading, communicating, and thinking. Although a child might not need specialized instruction that an IEP would give, they may need accommodations to access education.
Independent Educational Evaluation	If a family disagrees with how the school district evaluates the student’s need for an IEP, the family can ask the school district to pay for an independent educational evaluation (IEE) by an outside expert. (The district is not required to agree to pay for an IEE.) If the school district does not pay for an IEE, the family can pay for it. Regardless of who pays for the IEE, the school district is only required to consider implementing the results of an external IEE.	Families cannot ask a school district for an IEE; however, the family can pay for an independent evaluation.
Who creates it?	There are strict legal requirements about who participates in creating an IEP. With a few exceptions, the entire IEP team must be present for IEP meetings. The team must include: The child’s parent or caregiver ; At least one of the child’s general education teachers; At least one special education teacher ; A district representative (Local Education Authority or LEA) with authority over special education services; and As needed, a school psychologist or other specialist who can interpret evaluation results.	The rules about who is a part of the 504 team are less strict than they are for an IEP. A 504 Plan is created by a team of people who are familiar with the child and who understand the evaluation data and special services options. This might include: The school or district’s 504 Coordinator; The child’s parent or caregiver ; General and special education teachers ; or The school principal.
What is included in it?	The IEP is a written document that sets learning goals and describes the services the school will provide. The IEP must include: The child’s present levels of academic and functional performance — how the child is currently doing in school; Annual education goals for the child and how the school will track progress; The services the child will get — this may include special education, related services, supplementary services, and extended school year services; The timing of services — when they start, how often they occur, and how long they last; Any accommodations — changes to the child’s learning environment; Any modifications — changes to what the child is expected to learn or know; How the child will participate in standardized tests; and How the child will be included in general education classes and school activities.	There is no template for a 504 Plan. It doesn’t have to be a written document, but usually includes: Specific accommodations, supports, or services to ensure the student can access their FAPE. This may include speech therapy, technology, counseling, or modifications to the learning environment; and Name of the person responsible for ensuring the plan is implemented.
Notice	When the school wants to change a child’s services or placement, it has to tell families, in writing, before the change happens. (This is called prior written notice.) Notice is also required for all IEP meetings and evaluations.	The school must notify families about an evaluation or a significant change in placement. The notice doesn’t have to be in writing, but most schools send a written notice.
Consent	A parent or guardian must give written consent to the school to evaluate a child. A parent or guardian must also give written consent before the school provides any services included in the IEP.	A parent or guardian must give written consent before the school district evaluates the child.
How often is it reviewed and revised?	The IEP team must review the IEP at least once a year. The child must be reevaluated every three years to determine whether services are still needed.	The rules vary by state. In Rhode Island, a 504 plan is reviewed each year, and a reevaluation is done every three years or when needed.
How are disagreements resolved?	IDEA gives families several ways to resolve disagreements (usually in this order): Mediation; Due process complaint; Resolution session; Due Process Hearing; and State complaint.	Section 504 gives families several ways to resolve disagreements Use the district’s grievance procedure. Each District must have a Section 504 Grievance Procedure; Impartial Hearing; and Complaint to the Office for Civil Rights (OCR).
How much does it cost?	Students receive IEP services at no charge. States get extra federal funding for students with IEPs.	Students receive 504 services at no charge. States do not get extra federal funding for students with 504 plans; however, the federal government can take funding away from programs/schools that don’t meet their legal duty to serve students with disabilities. IDEA funds can’t be used for students with 504 plans.