IEP vs. 504 plan: what's the difference?
Both help students with disabilities, but they come from different laws. An IEP provides special education: teaching designed for your child. A 504 plan provides accommodations and services so your child has equal access to the same education as other students.
Side by side
| IEP | 504 plan | |
|---|---|---|
| Law | Individuals with Disabilities Education Act (IDEA), a special education law | Section 504 of the Rehabilitation Act of 1973, a civil rights law |
| Who qualifies | A child who has one of IDEA's 13 disability categories and, because of it, needs special education | A student with a physical or mental impairment that substantially limits a major life activity, such as learning, reading, or concentrating |
| What it provides | Specially designed instruction, plus related services (like speech or occupational therapy) and accommodations | Accommodations and related aids and services so the student's needs are met as well as other students' needs are |
| The written plan | Federal law lists what an IEP must contain, including present levels, measurable annual goals, services, and how progress is reported | Federal rules don't set a required format, though most schools write one down as a "504 plan" |
| Reviews | Reviewed at least once a year; reevaluation at least every three years unless you and the school agree it isn't needed | Periodic reevaluation is required; many schools review the plan every year |
| Parent protections | Detailed safeguards, including written notice, consent, independent evaluations, mediation, and due process | Notice, access to records, an impartial hearing, and a review procedure |
| Ages | Ages 3 through 21 (early intervention covers birth to 3 under a separate part of IDEA) | Any age, including college and the workplace |
Which one fits your child?
The key question is whether your child needs instruction that is designed differently, or needs access to the same instruction everyone else gets.
- A child who needs reading taught in a specialized way, or needs goals in areas like communication or behavior, usually needs an IEP.
- A child who can learn the regular curriculum but needs extended time, breaks, a quiet testing room, or a nurse's help with a medical condition may be well served by a 504 plan.
- A child who doesn't qualify for an IEP may still qualify for a 504 plan, because Section 504's definition of disability is broader.
- Students with IEPs are also protected by Section 504, so they don't need both.
How to ask for either one
Put your request in writing to the school, describe your concerns, and ask for an evaluation. The school decides eligibility after evaluating your child. Our guide on how to request an evaluation includes a letter you can adapt. If the school says no, ask for that decision in writing: see prior written notice.
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- U.S. Department of Education: Individuals with Disabilities Education Act (IDEA)
- 34 CFR 300.8: Child with a disability
- 34 CFR 300.320: Definition of individualized education program
- 34 CFR 104.3 (Section 504 regulations): Definitions
- 34 CFR 104.33 (Section 504 regulations): Free appropriate public education
- 34 CFR 104.35 (Section 504 regulations): Evaluation and placement
- 34 CFR 104.36 (Section 504 regulations): Procedural safeguards