SZN 2. Ep. 9/ IEPs and 504s
Understanding IEPs and 504 Plans: What You Need to Know
By: kirsten book, PMHNP-BC and Alexandria Gohla, MSW, LCSW, Ed.S
In the realm of education, every child deserves a fair chance to thrive. However, for students with physical or mental disorders and disabilities, navigating the educational landscape can be challenging without the right support. This is where Individualized Education Programs (IEPs) and 504 plans come into play. They are powerful tools designed to ensure that these students receive the accommodations and support they need to succeed in the K-12 school system. In this comprehensive guide, we'll explore what IEPs and 504 plans are, how they differ, and who qualifies for each.
Individualized Education Program (IEP)
IEPs are based on the Individuals with Disabilities Education Act (IDEA) and primarily serve students with learning disabilities. The process of creating an IEP involves several steps:
Referral: Parents or guardians consent to an evaluation to determine if their child needs special instruction.
Evaluation: A thorough assessment of the student's abilities takes place.
Eligibility Determination: The school decides if the student qualifies for academic support.
IEP Development: An educational team creates a personalized education plan based on the evaluation.
IEP Implementation: Educational professionals provide the support specified in the IEP.
Annual Review: IEPs and the student's progress are reviewed annually.
Reevaluation: Every three years, the IEP team reassesses the student's needs.
504 Plan
A 504 plan is rooted in civil rights law, specifically Section 504 of the Rehabilitation Act. It aims to prevent discrimination against students with disabilities by providing accommodations. Students who might qualify for a 504 plan have disabilities that affect major life activities. Common accommodations in a 504 plan include changes to the learning environment, instruction, lesson presentation, and tests and grades. A 504 plan is not considered special education, it is included in the general education curriculum.
Some common accommodations found in a 504 plan include:
Environment changes: Adjustments like allowing a student to turn off their camera during video calls or reducing on-screen time for students with concussions or brain injuries.
Instruction changes: Providing additional resources, such as flashcards or practice problems, or reducing the volume of homework and classwork.
Lesson presentation: Providing lesson outlines to make it easier for students to follow along.
Tests and grades: Allowing students to take tests on paper instead of online or granting extra time on assignments.
IEPs vs. 504 Plans
While both IEPs and 504 plans aim to support students with disabilities, they have key differences:
Eligibility: IEPs require specific disability criteria, while 504 plans cover a broader range of disabilities.
Goals and Scope: IEPs focus on specially designed instruction, while 504 plans emphasize accommodations in general education.
Applicable Laws: IEPs are governed by IDEA, while 504 plans are under Section 504 of the Rehabilitation Act.
Content: IEPs contain detailed goals, services, accommodations, and modifications, while 504 plans are less detailed and focus on accommodations.
Despite these differences, both IEPs and 504 plans share common goals:
Providing access to a free and appropriate public education (FAPE).
Involving educators and service providers responsible for implementing the plans.
Complying with federal and state guidelines.
Conducting annual reviews to assess plan success.
Why Understanding the Difference Matters
It's crucial for parents and educators to understand the differences between IEPs and 504 plans to ensure that students receive the appropriate support. Some may erroneously suggest moving a student from an IEP to a 504 plan due to various reasons, such as concerns about funding or college admissions. However, this decision should be based on the student's current needs, not future hypothetical situations.
Moreover, it's essential to recognize that 504 plans were never intended to serve as "IEP Lite" or "pre-IEP" plans. They are distinct documents designed to cater to different student needs. If you feel pressured to opt for a 504 plan when an IEP might be more suitable, it's essential to advocate for your child's best interests and request IEP evaluations.
Who Creates IEPs and 504 Plans?
Both plans involve teams:
IEP Team:
Parent or legal guardian.
Student's teacher(s).
Special education teacher.
School psychologist or expert in testing data.
Local education agency (LEA) representative.
Translator if needed.
504 Plan Team:
Parent or legal guardian.
Teachers.
School administrators.
Other relevant personnel.
Both teams are well-versed in legal requirements, the curriculum, evaluation of test data, and the availability of special education services.
Qualifying for Special Education Under an IEP
To qualify for an IEP, a student must meet specific eligibility criteria for at least one of the 13 disabilities defined by IDEA. These disabilities encompass a wide range of physical, mental, and health factors that may hinder a student's learning. Some examples include visual, hearing, orthopedic, and other impairments, traumatic brain injuries, autism, and specific learning disabilities.
It's important to note that meeting one of these disability categories is necessary, but not sufficient, for IEP eligibility. Students must also demonstrate a need for special education services to qualify for educational benefits.
Can IEPs or 504 Plans Be Modified?
Both IEPs and 504 plans can be modified to accommodate changing needs. However, the review and reevaluation processes differ:
IEPs are reviewed annually, with students reevaluated every three years (or two years for those with intellectual disabilities).
504 plans are reviewed annually.
Similarities Between IEPs and 504 Plans
Despite differences, IEPs and 504 plans share similarities:
Legal Framework: Both are established under federal laws to ensure equitable access to education.
Purpose: Both aim to provide support and accommodations for students with disabilities to succeed academically.
Eligibility: Students must have a documented disability impacting learning.
Documentation: Both require formal documentation, evaluations, and input from stakeholders.
Accommodations and Support: Both offer tailored accommodations, including changes to the curriculum, learning environment, technology, and more.
Review and Reevaluation: Both require periodic reviews to assess progress and adjust plans.
Choosing Between an IEP and a 504 Plan
The decision to opt for an IEP or a 504 plan should be based on the individual needs of the student. Here are some general guidelines:
A 504 plan may be suitable if a student can function in general education with some accommodations.
An IEP may be necessary if a student's disability significantly affects their ability to thrive in general education, potentially due to academic or behavioral challenges.
It's important for parents to be active participants in their child's education and work collaboratively with educational agencies to develop the most suitable plan for their child's unique needs.
Navigating the educational system for a child with disabilities can be challenging, but with the right knowledge and support, you can ensure that your child receives the education they deserve. Understanding the differences and nuances of IEPs and 504 plans is the first step toward empowering your child to thrive in the classroom. Ultimately, your child's success is our shared goal, and these plans are powerful tools to help achieve it.
