IEP vs. 504

Dear Melissa,

I am a parent of a 10-year-old son with Sensory Processing Disorder (SPD). I recently discovered on an SPD parent chat group that some children have IEPs and others have 504 plans. What is the difference?  

Ahhh, this one gets pretty confusing. Though they have different definitions, I will admit, as a private-practice OT rather than a school system-based OT, it seems as if these two documents look a lot alike at times. So let's break it down into black and white.

IEP vs. 504

In practice, an IEP and a 504 are quite similar. Both are legally-binding documents which outline modifications the school will make to help the child achieve academic success.  Modifications need to be “reasonable” (meaning that they pose no undue hardship on the public school) and “education-based” (meaning that modifications need to have a direct link to a child’s academic goals).

So which one does your child need? To over-generalize: If your child’s disability is more physical/medical in nature and your child is otherwise well-served in a regular education classroom, then the 504 is your document. However, if your child has more cognitive, emotional, developmental, or behavioral concerns, then you probably need the additional special education services that the IEP provides. In addition, all children under an IEP are also automatically covered under 504 as the IEP is the more robust of the two documents. 

Background

The IDEA (Individual with Disabilities Education Act) was first enacted in the United States in 1975. It ensures children with disabilities have “free appropriate public education” in the “least restrictive environment”. In this “least restrictive environment,” children with disabilities should not be separated from their non-disabled peers simply because of their disability. Rather, they should only be removed from their peers for portions of the educational day which cannot be adequately met in a mainstream classroom. The law defines “children with disabilities” as between the ages of three and twenty-two and having one or more of the following conditions:

• Intellectual impairment
• Speech and language impairment
• Visual impairment (including blindness)
• Hearing impairment
• Orthopedic impairment
• Traumatic brain injury (TBI)
• ADHD/ADD
• Other health impairments
• Autism Spectrum Disorder
• Specific learning disabilities (this is often how children with visual/motor/handwriting difficulties qualify)

IEP (Individual Education Plan)

An IEP is a document that details the special education and related services that the child should receive based on input from the educational team, the parents, and, when appropriate, the child. It is a legal, written, binding document and is based upon the evaluations of the school professionals as well as other special consultants (private therapists) when necessary. The formation of an IEP should be a collaborative effort and is created at a meeting at a mutually-agreeable time. It is important to remember that the parent is an equal partner (by law) in the IEP process, meaning that no part of the IEP can be carried out without the parents’ approval. A parent can also call a meeting at any time to discuss the need for revisions to the child’s current IEP. 

504  

This educational plan is called a 504 because it refers to Section 504 of the Federal Rehabilitation Act (1973), which requires all agencies that receive federal monies to provide access to individuals with disabilities. In the school setting, if a child does not qualify under IDEA, he may be deemed eligible for services under Section 504. This usually means that a child does not qualify for special education services but that he requires some type of modification in order to achieve his or her full academic potential. The school will evaluate eligibility based on:

• Whether the child has a physical/medical impairment
• Whether this impairment hinders the child’s access to the physical/educational environment
• Whether this impairment hinders the child’s learning
• The types of accommodations the child requires to receive a public education. 

Possible modifications listed in an IEP or 504 could include:

• Additional time for homework/test taking
• Shortened assignments
• Sensory breaks
• Picture schedules
• Preferential seating
• Use of typing device instead of writing by hand
• Use of specialized communication device
• Behavior modification plans
• Special education classroom setting
• The number of minutes the child spends in a special education vs. typical classroom
• School-based OT, PT, Speech, or Counseling
• Assistance with agenda books
• Communication tools between school and parents
• Provision for regulating sensory input such as earplugs, fidget toys, headphones, study carrels, etc. 
• Oral test taking or having test questions read aloud to a child
• 1:1 assistance at difficult times of the day including the lunch room and transitions
• Have the teacher provide paper/digital copies of lecture notes
• Pair the child with a “positive peer”

This is just a sample of possible modifications and is by no means a complete list of modifications. It is important to work with the child and the school to find out which modifications work best in each situation. Keep in mind that IEP’s and 504’s are individualized documents and should reflect the needs of each individual child. 

Resources:

Parent Advocacy: IEP Steps, Children's Therapy TEAM Blog, Melissa Foster, (Posted Sept. 2015)  

Link to 9/14/15 blog

Effective Parent Advocacy, Children's Therapy TEAM Blog, Melissa Foster, (Posted Sept. 2015)  

Arkansas Support Network

Steps in the IEP Process, Education.com, D.D.Smith, (Accessed August 2015)

A guide to the Individual Education Program, US Department of Education, (Accessed August 2015)

Special Education Unit, Arkansas Department of Special Education, (Accessed August 2015)

What is the Difference between IEP vs 504 Plans, University of Washington, (Accessed August 2015)