Is My Child Eligible for an IEP or a 504 Plan?

Is Your Child Eligible for an IEP or 504 Plan? How to Know.

Wondering if your child qualifies for an IEP or a 504 Plan? Learn how to determine eligibility, understand the differences, and know your rights.

What is the Difference Between an IEP and a 504 Plan?

When a child struggles in school due to a learning, emotional, or physical disability parents often hear about IEPs and 504 Plans. These are two educational support plans created by federal and state laws designed to help students succeed, even the playing field with their peers, and ensure students with disabilities are receiving a Free and Appropriate Public Education. These two plans differ in purpose, eligibility, and function.

What is an IEP (Individualized Education Program)?

An Individualized Education Program (commonly referred to as an IEP) is a legal document under the Individuals with Disabilities Education Act (IDEA), a federal law which provides for specialized instruction and related services for students with disabilities in one of 13 categories. Children with autism, some cases of ADHD, specific learning disabilities, and other impairments could be eligible and benefit from an IEP.

What is a 504 Plan?

A 504 Plan is a legal document under Section 504 of the Rehabilitation Act of 1973 which provides accommodations to students with disabilities, ensuring equal access to learning. A 504 Plan provides accommodations, services, and assistive technology. A 504 Plan does not provide for specialized education. These plans are best for students with disabilities or other issues requiring some accommodations to level the playing field with other students. For instance a student with a hearing impairment who needs preferential seating in the classroom to hear the teacher but requires no other assistance to succeed with their peers would be a candidate for a 504 Plan.

How Do I Know If My Child Is Eligible for an IEP?

To qualify for an IEP, your student must have a disability under one of 13 categories provided for in the IDEA including but not limited to:

• Autism

• Specific learning disabilities like dyslexia, etc.

• ADHD in some circumstances

• Intellectual disability

• Speech or language impairments

• Hearing or visual impairments

• Emotional or mental health impairments

• and many more

To qualify for an IEP, your student’s disability must affect their education performance or ability to learn. Students with IEPs require specialized education to learn like their peers.

Is My Child Eligible for a Section 504 Plan?

Your student may qualify for a 504 Plan if they have a physical or mental impairment which limits a “major life activity” like learning, reading, or some other essential skill for education and your student does not require specialized education. 504 Plans give students accommodations like preferential seating, services, and assistive technology. For instance if your child has a visual impairment and needs larger type for educational materials, an accomodation of larger font sizes for all written materials could even the playing field and allow your child to succeed in line with their peers. Students with mobility challenges can also benefit from a 504 Plan.

Can a Student Have Both an IEP and a 504 Plan?

While the legal answer is yes, only in very rare circumstances would a child require both plans. The law does not prohibit a child from having both plans; however, it would seldom be necessary as an IEP can provide for everything a 504 Plan offers.

How Do I Get an IEP or a 504 Plan for My Child?

Parents seeking an IEP or Section 504 Plan should make a written request to the school. The qualification process for the plans are very different with an IEP requiring an evaluation process. Schools are required to respond in a timely manner. Be prepared with documentation, assessments, and letters from physicians or other professionals. If the school fails to respond or to provide for an evaluation, reach out to an experienced attorney or advocate who can assist you.

Get the Support Your Child Deserves

Understanding the options with IEP and 504 Plans is the first step in advocating for your child’s success. If you believe your child is eligible for academic support, accommodations, services, or in need of special education, do not wait. Reach out to your school as soon as possible and in writing. Both plans ensure equal access to education so your child can reach their full potential.