FAQ Archive

FAQ3: IEP or 504 Plan? What's the difference?

09 September 2008: Differences Between Section 504, ADA, and IDEA by Peter & Pamela Wright

08 August 2007: Discrimination: Section 504 and ADA ~ Wrightslaw

29 November 2006: Who is Eligible for Protections Under Section 504 ... but Not Under IDEA? ~ Wrightslaw

When a student is struggling in school and is determined ineligible for special education services by a multi-disciplinary team based on a variety of assessments, the student may be eligible to receive accommodations through a 504 plan as determined by a child study team.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against an individual with any impairment substantially limiting a major activity such as learning in school. This law guarantees a free appropriate public education to all students. Appropriate is defined as equal to those students without disabilities. Essentially, a 504-plan provides accommodations in the classroom.

Below is a table summarizing the major components of IDEA, Section 504, and ADA.

	IEP	504 Plan	ADA
What?	Individualized Educational Plan, required by IDEA, Individuals with Disabilities Education Act, an education law	Section 504 of the Rehabilitation Act 1973, a civil rights law	Americans with Disabilities Act, a civil rights law
When?	Historically based in PL 94-142 in 1975, revised 1997 and 2004	1973	1990, based on Civil Rights Act 1964, amended 1991
Who?	Children ages 3-21 who need specially designed instruction to meet their unique needs	Any individual with an impairment that substantially limits a major life activity such as learning in school	Any individual with an impairment that substantially limits a major life activity at work or in public or private settings including post-secondary public or private schools, does not apply to religious organizations
Where?	In schools receiving federal funds	Prohibits discrimination on basis of disability in programs and activities both public and private that receive federal funds, including schools	Prohibits discrimination on basis of disability in employment, public services, and accommodations, does not apply to religious organizations
Why?	FAPE, to ensure that all students receive free appropriate public education	Civil Rights	Civil Rights
How?	FAPE, free appropriate public education is mandated as determined by a multi-disciplinary team evaluation using a variety of assessments	FAPE, free appropriate education means an education comparable to that provided to students without disabilities, must be determined by a multi-disciplinary team (Child Study Team)	Reasonable accommodations for persons with disabilities to perform essential functions of job or job training
Federal Funding	Yes, although never as much as promised	No, furthermore, IDEA funds may not be used to serve children eligible only for Section Rehab 504 services	No, tax credits, grants
Due Process or Procedural Safeguards	Specific procedural safeguards and due process rights to parents in the identification, evaluation, and placement of their child are described. Parental consent is required. Disputes may be resolved through mediation and impartial due process hearings. IEP must be reviewed at least annually.	Written notice is recommended and some notice is required to parents regarding identification, evaluation, and placement. Parents must have an opportunity to participate in the hearing process, but due process is left up to the discretion of the local school districts and parent consent is not required. 504-plan must be reviewed "periodically."	No specific procedures for special education, but details requirements, complaint procedures, and consequences for non-compliance

Resources:

ED452627, Overview of ADA, IDEA, and Section 504, 2001

From Emotions to Advocacy, Wright, 2005

Special Education Law, Wright, 2004

Wrightslaw