There seems to be a lot of confusion about IEP vs 504 plans. While both are covered within special education, only IEPs (individualized education programs) are covered under IDEA (Individuals with Disabilities Education Act). IDEA is the federal law that governs how special education should work. 504s are actually covered under ADA (American Disabilities Act), which is a civil rights law.
I put together this infographic that shows the many differences between IEP vs. 504. It’s actually an excerpt from Chapter 40 of my book, Special Ed Mom Survival Guide. One of the key things I share in this chapter is having good knowledge of special education law. It is one of your best tools when advocating for your child!
Major differences between IEP vs 504
The biggest difference is that IEPs have specific processes in place to ensure the school is providing the right support. These processes ensure they are following through on the support they should be providing. 504s do not have these rules so there are no safeguards to ensure that the school is providing the right support.
Oftentimes when you suggest special education to a school, they will do an evaluation. Afterwards they may come back and say the child doesn’t qualify for an IEP, but they will qualify for a 504. Sometimes when they do this it’s the correct approach for your child. Unfortunately all too often this offer is made because they know it’s easier to offer a 504, and it doesn’t cost them any money. There are fewer legal restrictions to make sure they follow the 504, which means less work to implement. While it is a violation of the ADA if they do not abide by it, not following through requires the parents to file a discrimination complaint in order to get the school to comply. Not everybody is up to the task.
This is why it is really important to understand what qualifies a student for an IEP. If you have reviewed the special education law, and you feel your child should have an IEP, then you have to fight to get it. You have to build a case that shows they are eligible. If you cannot convince the school, hire a special ed advocate or lawyer so they can help you fight.
NOTE: Blog authors, feel free to use this infographic on your site or in social media, but please link back to this original blog post.
This is a great resource, thank you! One thing I thought might be confusing to parents (or educators) who are not sure of the process yet is where it states that students with an IEP are eligible to receive services such as speech therapy, occupational therapy, etc. – the wording may make it sound like if the child has an IEP, then they will also get speech, OT, etc. – like the 504 or IEP is what determines which services the child will get instead of the child’s ability being the determining factor. I understand what you are saying in this portion of the chart – if the child has services, they will need an IEP – but I’m not sure that it’s clear for someone unfamiliar with Special Education… and I would hate for anything to be misleading in an already confusing time of their life.
Hi Julie,
Thank you so much for your feedback on this. It’s very true that students only get services based on the results of their assessments. Simply having an IEP does not entitle them to get those services. Good clarification!
Best,
Bonnie
Hi, Bonnie,Í would like to know if your book is available in spanish,please,thank you,
Rosa Hernandez
Hi Rosa,
I am working on getting a grant to pay for translating the book into Spanish. I’m not a Spanish speaker so I cannot do it myself. But I live in Southern California and I can see there is a huge need for this. I see parents not understanding the process because of the language barrier, and schools taking advantage of that. It is my intention to get everything translated into Spanish. I have had my IEP Binder translated, so that is a start: https://www.specialmomadvocate.com/product/iep-cuaderno-para-padres-en-espanol/
If you sign up for my mailing list, you will be notified when the book is ready in Spanish.
Best,
Bonnie
Students on 504’s are eligible for OT services. Nice infographic, though.
Thats for your comment, Nicole. That’s interesting that where you are they do give OT on a 504. In the districts I work in they won’t do that. Reason being they want goals attached to the OT. There are no goals on a 504. I have advocated in a district where they gave speech as part of RTI (response to intervention), but our local Parent Center said that goes against IDEA. So whether or not the 504 offers services like OT, speech, etc, may depend on what state you are in and even how the district implements special ed.
Thank you for your post.
The laws changed in December of 2016 for 504s. Students with a 504 now are eligible for services.
https://www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pdf
There are procedural safeguards for 504 that my district has that I’d be happy to share if needed.
504 accommodations are so specific to what each district is willing to provide and each district can risk a parent going to OCR to challenge a denial of certain accommodations such as that OT another commenter mentioned. The law is so broad and no districts receive funding for 504 so each district can make their own rules about accommodations with the risk of getting sued.
I am wondering if I could order that poster about the 504 vs IEP?
Hi Samantha,
I don’t actually sell the posters. I sell a PDF printable so you can print it yourself: https://www.specialmomadvocate.com/product/printable-poster-12-ways-for-calming-the-hyper-child/ Hopefully that works for you!
Best,
Bonnie
My daughter has an IEP for Auditory Processing Disorder. She goes to a charter school, who tells me that there are certain accommodations they don’t have to do because it’s part of their “charter.” Do you know anything about Charter schools?
Jennifer, if the charter school is a public charter school, they MUST provide services for your child. You might want to read this blog post I wrote: https://www.specialmomadvocate.com/12-warning-signs-the-iep-team-is-not-doing-their-job/ It speaks directly to this point. I would go back to the school and ask them for the written policy that states that they are exempt from providing special education services.