Section 504 and IEPWhat is the Difference?Are you confused about the differences between Section 504 and an IEP under the IDEA 2004? You aren’t alone. It is important for you, as the parent, to understand that your child has different rights under a Section 504 plan (Americans with Disabilities Act – ADA) and an IDEA 2004 Individualized Education Program (Individuals with Disabilities Education Act of 2004 – IEP). The ADA (504 plan) is a civil rights law and so ensures equal access to education regardless of disability. IDEA 2004 governs access to special education and related services and establishes safeguards and responsibilities for disabled students under the law. IDEA ensures that a child with a disability is given an IEP that is designed to meet the child’s unique needs and provide the child with educational benefits, so the child will be prepared for employment and independent living. The ADA is designed to protect students with disabilities from discrimination in education because of their disabilities. This law is to make sure that children have equal access to education, and allows for accommodations and modifications to remove barriers or provide equal access for students with disabilities. A good example would be installing wheel chair ramps to allow students in wheelchairs access to the building and the classrooms, or allowing a child with Attention Deficit Hyperactivity Disorder (ADHD) to get up and move around at specific intervals or as needed. It is certainly possible for your child to be fully diagnosed and labeled by the school, doctors, clinics and everyone else, but not to be eligible for an Individualized Education Program (IEP) under the IDEA 2004. It is not enough to qualify as disabled to get an IEP; your child must also need special education and related services. This is where it is good to have such differences between an IEP an a 504 because if your child is disabled and does not qualify for an IEP, but does require some modifications or accommodations at the school or in the classroom, a Section 504 plan of the Americans with Disabilities Act (ADA) can be just what your child needs.
Here are some important differences between these two laws:1. Section 504 of the ADA does not require written plans. Parents are often surprised to learn that a 504 plan does not require the school to develop a written 504 plan. A plan must be developed, but there is no requirement for a written document. That being said, most of the schools that I have had experience with will document a 504 plan anyway – and many have their own form as well.2. Parents have quite a few rights under IDEA 2004, and built in safeguards. It is a requirement for parents to give permission for evaluation and implementation of an IEP, and has a mandatory place on the IEP team. Under Section 504, parents have few rights. The school does not have to invite the parent to a 504 meeting; however, they must notify the parent that a plan was developed. 3. IDEA 2004 has built in protective safeguards for the parent and child, such as reviewing records, the right to an impartial hearing, and prior written notice before any change of placement and the right to an independent education evaluation at public expense. Section 504 does not include any of these protections. 4. IDEA 2004 protection ends when the child graduates from high school with a diploma, or ages out at 22 years old. IDEA rights do not follow the child into college or the workplace. It does follow your child after the secondary public school and provides protections against discrimination in college and at work. However, you, as the parent, have no rights under Section 504, or IDEA 2004, after your child leaves public high school. 5. IDEA 2004 requires a meeting and prior written notice before a change in placement of the child (for example: placement in an alternative school), but Section 504 does not have this requirement. Either a 504 plan or an IEP may be appropriate for your child and help to ensure they get the opportunity to learn, but it is important to understand the differences. Be prepared, ask questions, and above all – if whatever plan is in place for your child is not working, ask to bring it back to the table to modify! My absolute favorite quotation is the definition of insanity by Albert Einstein: Doing the same thing over and over again and expecting a different result. Or as Dr. Phil would say: “How’s that working for you?”
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