This question is one that I answer all the time. And mind you, I don’t have an answer for you. But if you’re asking–which is better an IEP or a 504? I can at least help you understand what each will provide for your child.
And, you know your child better than anyone else. Once you have the right information, hopefully you can make the right decision as to which to pursue.
The similarities and differences between an IEP vs a 504 can be subtle. There certainly are pros and cons to both having an IEP or a 504 plan.
I want to start with a brief overview of each.
What an IEP Provides
An Individualized Education Program (IEP) is a customized plan developed to meet the specific educational needs of a child with a disability. Governed by the Individuals with Disabilities Education Act (IDEA), an IEP outlines special education services, goals, accommodations, and supports to help the child succeed in school.
It provides legally enforceable services tailored to the child’s unique challenges, ensuring they receive a free and appropriate public education (FAPE).
What You Get with a 504 Plan
A 504 Plan is a formal plan designed to provide accommodations and support to a child with a disability, ensuring equal access to education. Governed by Section 504 of the Rehabilitation Act of 1973, it covers children with disabilities who do not qualify for an IEP but still need assistance to succeed in school.
A 504 Plan ensures that the child receives necessary accommodations, such as modified classroom environments or extended test time, to prevent discrimination and provide equal opportunities.
Both Provide FAPE
I have a much longer post on fully understanding what FAPE is.
Yes, both an IEP and a 504 Plan are bound to the principle of a Free Appropriate Public Education (FAPE), but they approach it differently.
- An IEP, under the Individuals with Disabilities Education Act (IDEA), specifically provides FAPE through tailored special education services, supports, and measurable goals to meet the unique needs of a child with a disability.
- A 504 Plan, governed by Section 504 of the Rehabilitation Act, ensures FAPE by providing necessary accommodations and modifications to prevent discrimination and provide equal access to education, without necessarily offering special education services.
Both plans are designed to ensure that children with disabilities receive the education and support they need in the least restrictive environment possible.
If you want the tl;dr version: An IEP provides special education, or specially designed instruction. A 504 plan does not, it provides accommodations.
Accommodations vs Specially Designed Instruction
Two of the most common accommodations I see on 504 plans are extended time on tests and preferential seating (sitting near the teacher for better hearing and fewer distractions). As far as the specially designed instruction examples, the most common one I see is specialized curriculum such as Lindamood Bell for reading.
So which is better? If your child needs specially designed instruction, or special education, then they need an IEP.
If they only need accommodations, then a 504 plan should suffice. And the bonus here is that the 504 process is much less cumbersome and stressful for parents, in my opinion.
Goals vs No Goals
An IEP has IEP goals and IEP progress monitoring. A 504 plan does not.
Your only progress monitoring with a 504 plan is your grades and report cards, and your “eye test.” By eye test, I mean, what you see each day with your child as far as their progress and mental health.
Unsupported needs often result in deteriorating mental health such as increased anxiety, low self esteem, increased undesirable behaviors and sometimes school refusal.
If your child has a 504 plan and you’re certain that it’s being followed, and your child’s mental health is starting to deteriorate or they’re refusing to go to school, chances are a 504 is not enough for them and you may want to pursue more supports in the form of an IEP.
Parental Protections
Parents are mandated IEP team members per IDEA. And, your school team should be providing you with “meaningful parent participation” if your child has an IEP.
There is no such mandate in Section 504. Best practice of course, is to keep the parent involved at every step but the school is under no obligation to do so.
However, it’s important to note, that just because your school may stink at putting together an meaningful 504 plan, that doesn’t mean the child needs an IEP. Honestly, if they stink at 504s, they stink at IEPs too. Not likely that they do one well, and not the other.
Both IEPs and 504 Plans provide parents with certain rights and protections, but the scope and detail of these protections differ due to the laws that govern each plan.
There is a due process for disputes regarding a 504 Plan, including if a school refuses to provide one. While the due process protections under Section 504 aren’t as formalized or extensive as those under IDEA (for IEPs), parents still have the right to challenge the school’s decisions, including the denial of a 504 Plan.
Parental Protections under an IEP (IDEA)
The Individuals with Disabilities Education Act (IDEA) provides more extensive and formalized protections for parents of children with IEPs:
- Consent and Participation: Parents must give written consent for evaluations and the implementation of an IEP. They are also active participants in the IEP team, helping to develop the plan.
- Right to Evaluation: Parents can request a free, comprehensive evaluation of their child to determine eligibility for an IEP. If they disagree with the school’s evaluation, they have the right to an independent educational evaluation (IEE) at the school’s expense.
- Procedural Safeguards Notice: Schools are required to provide parents with a written notice of their rights under IDEA, including the right to challenge the school’s decisions.
- Prior Written Notice: Schools must give parents prior written notice if they propose or refuse to change the identification, evaluation, or placement of the child.
- Due Process: If parents disagree with any aspect of their child’s IEP, they have the right to request mediation or file a due process complaint, leading to a hearing with an impartial hearing officer.
- Stay Put Provision: During disputes, the child stays in their current placement while the dispute is being resolved, unless the parents and the school agree otherwise.
- Access to Educational Records: Parents have the right to review and obtain copies of all educational records related to their child’s IEP.
Parental Protections under a 504 Plan (Section 504)
Protections under Section 504 of the Rehabilitation Act are less comprehensive but still ensure parental involvement:
- Participation in the Plan: Parents are entitled to be involved in the development and review of their child’s 504 Plan, although it’s typically less formal than the IEP process.
- Right to Evaluation: Parents can request an evaluation to determine eligibility for a 504 Plan. The evaluation process is less specific than under IDEA, but it must be conducted by the school to determine if the child qualifies for accommodations.
- Notice of Rights: Schools must provide parents with a notice of their rights under Section 504, but it’s not as detailed or frequent as the procedural safeguards under IDEA.
- Grievance Procedure: If parents disagree with the 504 Plan or its implementation, they can file a grievance with the school district or the U.S. Department of Education’s Office for Civil Rights (OCR). There is a due process, but much less formalized.
- Access to Records: Parents also have the right to review their child’s educational records in relation to the 504 Plan.
- No Consent Required for Changes: Unlike an IEP, a 504 Plan doesn’t require parental consent for evaluations or changes, though schools are encouraged to involve parents in the process.
In short–
- IEP (IDEA): Parents have more procedural rights, such as due process, written notice, and consent requirements. The process is more formal and detailed.
- 504 Plan (Section 504): Parental rights are generally more informal, with fewer legal safeguards, and the process is less structured than under IDEA.
Behavior and IEP or 504 Plan
A Behavioral Intervention Plan (BIP) can be implemented with both an IEP and a 504 Plan, but the way it is managed differs slightly.
- IEP: A BIP is more commonly associated with an IEP. If a child’s behavior interferes with their learning (or that of others), the IEP team may conduct a Functional Behavioral Assessment (FBA) and create a BIP as part of the IEP. This ensures the student receives both behavioral and academic support as part of their special education services.
- 504 Plan: While less common, a BIP can also be added to a 504 Plan. The BIP would outline accommodations to help manage behavior that affects the child’s ability to access their education, ensuring they aren’t discriminated against due to their disability.
In both cases, the BIP is meant to address specific behavioral challenges and provide strategies to support the student’s success in school.
In my experience, not enough teaching or instruction is done to try and change a child’s behavior on almost all the behavior plans I read. Most often, a child’s undesirable behaviors are due to lagging skill sets. And the only way to gain skills is to be taught skills.
If your child is having behaviors, I would push for an IEP also and not just agree to accommodations. The 504 behavior plan will only have accommodations, not teaching.
For example: If a child has behaviors during transitions, I see accommodations like “child will be notified of changes in schedule” or some other environmental accommodation. But the child still needs to learn self-awareness and coping mechanisms for when unexpected changes in the day happen. Accommodations will not teach this.
Discipline Protections
Yes, both an IEP and a 504 Plan offer disciplinary protections, but they differ slightly in how those protections are applied.
IEP Disciplinary Protections (Under IDEA):
- A child with an IEP has specific protections if they face disciplinary action, such as suspension or expulsion.
- If a child is removed from school for more than 10 consecutive days, a Manifestation Determination Review (MDR) must be conducted. This process determines if the behavior was a direct result of the child’s disability or if the IEP wasn’t properly implemented.
- If the behavior is related to the disability, the child cannot be expelled or suspended for more than 10 days without the school providing additional supports or adjusting the IEP. Mind you, this is expelled. That is not the same as a placement change.
- The school must continue to provide educational services during any long-term suspension or expulsion to ensure the child can continue to make progress.
504 Plan Disciplinary Protections (Under Section 504):
- Similar to an IEP, a child with a 504 Plan is also entitled to a Manifestation Determination Review once certain timelines are met.
- If the behavior is linked to the disability, the child cannot be punished in the same way as students without disabilities, and the school must ensure that any discipline takes into account the child’s disability.
- While a 504 Plan does not typically provide the same level of specialized services as an IEP, the school must still offer accommodations and supports during long-term suspensions to provide access to education.
In both cases, the child had undesirable behaviors that resulted in disciplinary action. In my opinion, all kids in this situation need direct instruction in something. Self awareness, emotional regulation, coping mechanisms, de-escalation of their own behavior….something more than accommodations on a 504 plan.
For the College Bound Student
I’m going to address the issue of kids with IEPs graduating and going to college.
There’s this urban legend out there that you “have to” graduate with a 504 plan, then you just go on to college and hand them that 504 and you’re done.
This is incorrect on many levels.
- You can graduate high school with an IEP, and have that IEP on graduation day. This will not prevent you from getting a 504 plan in college.
- Your college or post-secondary school will not just take that IEP or 504 and begin implementing the accommodations. You have to start over anyway–by going to the disabilities office on campus, letting them know you require a 504 and so on. Basically you’re starting over. Having an existing 504 plan can be helpful to help them put together one for you, but you’re not saving anyone a ton of time or effort by having one in high school instead of an IEP.
As a parent, I would not let any of this even enter the conversation while my child is still in school. It’s not relevant and not anything the team should be considering when trying to decide which is better for this student–a 504 plan or an IEP.
No Plan for Transition
I think IEP transition planning is one of the most important parts of an IEP. To piggyback on the concept above about college, transition planning is not a part of 504 plans.
With an IEP, the team is required to provide supports and services for your disabled child’s future. Not with a 504.
Yes, future planning, guidance counselors and all that good stuff is available at most high schools for the students. However, it’s not required to be specific to your child.
Let’s move on to that final decision……
Why You Usually Want the IEP
Note, this is my personal opinion based on 15 years as a professional advocate and hundreds of 1:1 advocacy clients, and coming into contact with thousands more online.
I find that most parents, at least the ones I’ve encountered, need an IEP for their child.
Chances are, if you’re reaching out to an advocate, your child’s needs are not being met and has more significant disabilities.
Over the years, the only kids or families who I’ve seen be successful with just a 504 plan, without a lot of tears, stress and headache fell into a few categories.
- Their disability was something that was only physical or medical–and had nothing to do with learning. Such as Type 1 Diabetes or JA. Yes, I know many kids with JA can fatigue easily. For the most part, JA on its own is not a learning disability like autism or dyslexia.
- The child’s ADHD was very, very, VERY mild and only needed accommodations, and not direct instruction in things like executive functions.
- The child had a temporary condition, or a condition that has “flare ups.” They required extra support temporarily and were able to resume normal activity.
- The child experienced a significant trauma (death of parent) but was otherwise not disabled. The child required accommodations or temporary support until a level of manageable grief or coping was evident.
504 Plan for Dyslexia
I will die on this hill: and that is–never ever ever accept a 504 plan for dyslexia.
If a child has dyslexia, they require specific, targeted interventions in order to learn how to read.
Merely being taught in a smaller group, or sitting closer to the teacher, or more time on tests, will never teach a child how to read.
Accommodations DO NOT teach.
Again, I will die on this hill, because dyslexic kids are dying over this. Dyslexic kids who are not taught to read have extremely high levels of severe emotional distress that often leads to self harm and worse. Teach them to read with specially designed instruction. Full stop.
We know what interventions work for dyslexic kids but for some reason we refuse to do it as a society.
When is a 504 Plan Better than an IEP
While an IEP offers more comprehensive support for children with disabilities, there are certain advantages to having a 504 Plan over an IEP in specific situations.
These advantages include flexibility, less stigma, and broader eligibility. Here are some potential advantages of a 504 Plan:
1. Broader Eligibility
- A 504 Plan covers a wider range of disabilities than an IEP. It applies to any student with a disability that substantially limits one or more major life activities, not just those needing special education. This means students with conditions like ADHD, anxiety, or diabetes—who may not qualify for an IEP—can still receive accommodations through a 504 Plan.
2. Less Intensive Process
- A 504 Plan typically involves less paperwork, fewer meetings, and a simpler process for evaluation and implementation. Schools are not required to follow the strict procedures and timelines that are part of the IEP process under IDEA.
- This can make it quicker to implement accommodations when the child doesn’t need comprehensive services.
3. Flexibility in Accommodations
- A 504 Plan is often more flexible and less formal than an IEP, which can benefit families who need straightforward accommodations without the need for specialized instruction.
- It allows schools to easily modify or adjust accommodations as needed without the same procedural steps required for an IEP.
4. Stigma and Labeling
- Because a 504 Plan doesn’t include the formal special education services of an IEP, some parents and students may feel it carries less stigma. It focuses on accommodations rather than intensive support, which can help avoid the perception of a disability “label” that might come with special education services.
5. Less Restrictive Placement
- A 504 Plan is designed to keep students in the general education classroom as much as possible. Since it doesn’t involve special education services, the emphasis is on making the general education environment accessible with accommodations, rather than providing instruction in separate or specialized settings, which may occur with an IEP.
6. Long-Term Protections Beyond School
- Since a 504 Plan falls under the Rehabilitation Act, which governs anti-discrimination laws, the protections it offers extend beyond K-12 education into college, employment, and public spaces. This can be beneficial for students who only need accommodations to succeed in a general setting but may not require the detailed services of an IEP.
7. Easier Transition to Postsecondary Education
- For students planning to attend college, a 504 Plan may provide an easier transition because postsecondary institutions are required to comply with Section 504 but not IDEA (which governs IEPs). Colleges and universities often base their disability accommodations on a student’s 504 Plan rather than an IEP, making the shift smoother.
8. Fewer Meetings and Oversight
- A 504 Plan typically doesn’t require the same level of oversight or frequent reviews as an IEP, which can be helpful for families who feel the IEP process is too time-consuming or burdensome. There’s generally less formal monitoring, meaning fewer meetings to review progress, unless changes or updates are needed.
9. Focus on Equal Access
- A 504 Plan’s primary goal is to ensure equal access to education, rather than providing specialized education services. This can be an advantage for students who simply need adjustments or accommodations—such as extra time on tests or specific classroom seating—without the need for intensive services or specialized goals.
But, since a 504 plan is “looser” than an IEP for lack of a better word…..it also leaves the child open to not having their needs met. Less oversight is just that–less oversight.
Is a 504 plan better than an IEP? Or is an IEP better than a 504? Which should you choose?
That’s up to you, but undeniably, an IEP provides “more.” And many kids need more.
Good luck with your decision, you can always post your personal questions on our Message Boards where every question is answered by an advocate. Or, there is more information below to help with your decision.
