Two sets of initials, two meetings, two plans. Parents who hear "we think a 504 plan would work" or "we should look at an IEP" are often told the difference is "level of support." That is only part of the story. They come from two different laws, with different tests, different paperwork, and different rights for you.
The two laws in one sentence each
An IEP comes from the Individuals with Disabilities Education Act, the special education law. It is a written plan for specially designed instruction and related services.
A 504 plan comes from Section 504 of the Rehabilitation Act, a civil rights law. It requires schools that receive federal funds to provide an education that meets a student's needs as well as the needs of students without disabilities are met, and its regulation describes the process for evaluating and placing students.
Who qualifies
| IEP (IDEA) | 504 plan | |
|---|---|---|
| The basic test | A child who has a disability in one of thirteen listed categories and, because of it, needs special education and related services | A person with a physical or mental impairment that substantially limits one or more major life activities, with a record of such an impairment, or regarded as having one |
| Learning counts as | Part of the "need" for special education | A major life activity the impairment may limit |
| Needs special instruction? | Yes, it is part of the test | Not required. The student needs accommodations or services to take part |
| Examples of what fits | A student with dyslexia who needs specially designed reading instruction | A student with a health condition who needs accommodations such as breaks or a modified schedule to access the same instruction |
The 504 definition is wide on purpose. The regulation names many kinds of physical and mental impairments and lists major life activities that include caring for oneself, seeing, hearing, speaking, breathing, learning, and working.
What the plan looks like
| IEP | 504 plan | |
|---|---|---|
| What is written down | Seven required parts: present levels, measurable annual goals, how progress is measured and reported, services and supports, the extent a child will not take part with peers without disabilities, test accommodations, and when services start and how often | The regulation does not list contents in the same way. Many districts document accommodations in a written plan; ask for yours |
| Who decides | An IEP team that includes you | A group of persons who know the child, understand the evaluation data, and know the placement options |
| Review | At least once a year, and revised for lack of expected progress | Periodic reevaluation under procedures the district sets |
| Evaluation | Initial evaluation with your informed consent | Evaluation before initial placement and before a significant change in placement |
| Your rights if you disagree | The IDEA procedural safeguards: notice, consent, mediation, state complaints, due process | Notice, a chance to see records, an impartial hearing with a lawyer if you choose, and a review procedure |
The IDEA procedures and the 504 procedures overlap. The 504 regulation says that following the IDEA safeguards is one way to meet its own requirement.
Three short stories
Leila has dysgraphia. Writing by hand is slow and exhausting for her, and her teachers say she cannot show what she knows. She gets help from an occupational therapist and instruction in keyboarding and written organization. Both are specially designed instruction, so the team looks at an IEP.
Andre has a medical condition that causes fatigue. He understands the material and keeps up when he can rest, but needs a shorter day twice a week and extra time to turn in work. He does not need different teaching, so a 504 plan may fit.
Noor has an IEP. Her mother asks whether a separate 504 plan is also needed. The answer is usually no, because the 504 regulation treats carrying out an IEP as one way to meet its standard.
What can go in a 504 plan
Because a 504 plan is about reaching the same instruction as other students, the supports are usually adjustments rather than different teaching. Typical examples include extra time on tests, breaks, a quiet place to work, a copy of class notes, adjusted seating, a health care plan handled by the school nurse, or access to assistive technology. The right list depends on the impairment and on what gets in the way of your child learning.
If your child needs the lesson itself taught differently, for example systematic reading instruction or small-group instruction in math, that points toward special education and an IEP rather than accommodations alone.
Questions to ask at a 504 meeting
- Which impairment and which major life activity are we writing this plan for?
- What data or information did the group use to decide?
- Who is responsible for each accommodation, and how will teachers know about them?
- When will the plan be reviewed, and what would lead us to meet sooner?
- If this does not work, what is the next step, and how do I ask for an evaluation for special education?
How to ask, and what to say
- Ask in writing for an evaluation, and say which law you mean if you know: special education under IDEA, or a Section 504 evaluation. If you are not sure, say "for special education and any other supports my child may qualify for."
- If the school suggests a 504 plan, ask whether that replaces an evaluation for special education, and have the answer in writing.
- Ask for any 504 plan to be written and given to you, with the accommodations, who provides them, and when it will be reviewed.
- Keep copies of everything.
Our guide on how to request an evaluation in writing has a sample letter. If the school says no, read what to do if the school refuses to evaluate your child. The full list of rights under IDEA is in your procedural safeguards notice.
A caution
This guide describes the federal rules. Schools, districts, and states add their own forms and timelines, and practice varies from district to district. A state parent training center can tell you how your district handles each.