Comparing IEPs and Section 504 Plans
Understanding the Differences Between IEPs and Section 504 Plans
When addressing your child’s educational needs, it’s important to distinguish between an Individualized Education Program (IEP) and a Section 504 Plan. Each serves different purposes and provides different types of support. At Gerard V. Muriello, Attorney at Law, we help you understand these differences to ensure your child receives the appropriate services.
IEP vs. Section 504 Plan: Key Differences
1. Legal Basis and Eligibility:
- IEP: Governed by the Individuals with Disabilities Education Act (IDEA), an IEP is for students who meet specific eligibility criteria related to one of the 13 categories of disabilities listed under IDEA. The IEP provides specialized education services.
- Section 504 Plan: Based on Section 504 of the Rehabilitation Act of 1973, this plan applies to students with disabilities who need accommodations but do not qualify under IDEA. It ensures equal access to education but does not provide specialized instruction.
2. Services Provided:
- IEP: Offers specialized educational services, including tailored instruction and therapeutic supports to address the student’s specific needs.
- Section 504 Plan: Focuses on accommodations within the general education setting to facilitate the student’s access to the standard curriculum, such as extended test times or changes to the classroom environment.
3. Development Process:
- IEP: Developed through a formal process involving multidisciplinary team meetings and comprehensive evaluations. Reviewed and updated annually.
- Section 504 Plan: Created through a less formal process involving evaluations and meetings with school staff. Periodically reviewed, but less rigidly compared to IEPs.
IEP vs. Section 504 Plan: Enforcement Mechanisms
IEP
- Due Process Hearings: Formal legal proceedings where evidence is presented to resolve disputes related to IEPs. Parents have the right to request a hearing.
- State Complaint Procedures: Allows parents to file complaints with state agencies regarding IDEA violations. The state investigates and resolves these complaints.
- Federal Court: Appeals to federal court are possible if disputes are not resolved through other mechanisms.
Section 504 Plan
- School Complaint Procedures: Complaints can be filed with the school district’s Section 504 coordinator. The school is responsible for addressing grievances and ensuring compliance.
- U.S. Department of Education Office for Civil Rights (OCR): Complaints can be filed with OCR, which investigates and enforces compliance with Section 504.
- Federal Court: Similar to IDEA, disputes can be taken to federal court if necessary.
Why Understanding the Differences Matters
Understanding the distinctions between IEPs and Section 504 Plans helps ensure that your child receives the right type of support and accommodations. Our expertise in both areas enables us to provide clear guidance and effective advocacy to meet your child’s educational needs.
Contact Us
For more information on IEPs and Section 504 Plans, or to discuss how we can support your child’s educational needs, contact us today.