504
The first federally mandated accommodation to allow all students access to a quality education is section 504 of the Rehabilitation Act of 1973. “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . .” Anyone can make a referral for evaluation of qualification for a 504, a parent, doctor, therapist, or school district employee. However, the district must review and approve the recommendation. The school district is not required to evaluate a child solely based on the parent’s request.
If the child is evaluated and the parent disagrees with the results of the evaluation, they cannot request the school district to pay for an independent evaluation. They may request a Due Process hearing or file a complaint with the Office for Civil Rights. Children cannot be placed on a 504 without parent notification. Once the child is placed on a 504, a plan is written to specify the measures that will be taken to ensure that a Free and Appropriate Public Education (FAPE) is provided for the student with a disability. The amount of parental involvement varies from one school district to another. There is no federal requirement for parents to be involved in the decision-making process once the child has been placed on a 504.
Section 504 covers children between the ages of 3 and 22 who have a mental or physical impairment that substantially limits one or more major life activities such as: self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others and working. Some examples of disabilities that qualify for a 504 would be: impaired vision, hearing loss, limited mobility, Attention Deficit or Hyperactivity, asthma, diabetes, or a learning disability. A child could be functioning at grade level, but still qualify based only on the disability. Mostly, 504 covers disabilities that do not require specialized instruction or placement in a special school or classroom. Accommodations will be made within the regular education classroom such as highlighted textbooks, extended time on tests and assignments, enlarged print, computer aided instruction, oral tests, and individual contracts. Basically, it means whatever is needed that can be provided by the school district to help students reach high school graduation requirements and function in life after graduation.
IEP
If a child needs services beyond what can be provided in a regular classroom, parents can request their child be evaluated for special education services. A parent has the right to request the school district to evaluate their child to see if they qualify and to request an outside independent evaluation at district expense if they disagree with the results of the initial assessment. The evaluation must provide evidence that the child is performing below grade level academically. If it is determined that the child qualifies, they are placed on an Individualized Education Program (IEP). Unlike the 504, parental involvement is a federal mandate for students on an IEP.
Services can be provided within the regular education classroom, but most commonly some services are provided in a separate setting. Depending on the needs of the student, this could mean anything from most of the day spent in the regular education classroom and part of the day spent working one on one with a specialist or in a small group setting in a special education classroom, to placement in a residential treatment or therapeutic facility. The key is meeting the needs of the student in the Least Restrictive Environment (LRE); the environment that is most like the regular education classroom but still allows the student to learn and achieve.
IEP meetings with the parents, a special education teacher, a regular education teacher, and a representative of the Local Education Agency (LEA)—usually a principal or special education director—are held annually or whenever requested by a member of the IEP team. Other people may also be invited such as: therapists, speech and occupational specialists, Education Consultants or Advocates, Attorneys or other family members of the student. Parents can invite any professional they choose provided they give school districts prior notification of who will be in attendance. They may also request the meeting to be recorded. The student may be invited, as determined by the parents if under the age of 16. Student attendance is required for students over 16 unless the team decides it would not be in the student’s best interest. The purpose of these meetings is to write the IEP, which is a legal contract outlining why the student qualifies for special education services, his placement, the services offered and number of minutes provided, his present level of performance, measurable goals with deadlines and all responsible parties, accommodations, modifications to the general education curriculum, and transition plan for moving into the next phase of care.
504 or IEP
IEPs and 504s are similar in that they are federal programs to ensure that all students, regardless of disability, are provided with a free and appropriate public education, (FAPE). Both are regulated by federal laws and funded by tax dollars. Both can be covered within the regular education classroom. However, an IEP allows for services to be provided in the least restrictive environment, which includes settings outside the regular education classroom. Both require parent notification; however, the IEP has extended parental rights protected by federal mandate that make them part of the decision making team. A student must be struggling academically to qualify for an IEP, while they could qualify for a 504 plan with only a physical challenge. Parents can start out with one program and then later move to the other, if they feel it is needed.
If your child needs additional support to what is provided in the mainstream setting, examine both the 504 plan and the IEP to determine which more closely meets your child’s unique situation. For a comprehensive list of 504 and IEP terms and definitions, please go to, myfavoriteparentresources.com.