IEP or 504 Plan?

I’m often asked about the differences between an Individualized Education Program (“IEP”) and a Section 504 Accommodations Plan for children with special needs. My response is always dependent upon the specific learning needs of the child. Both the IEP and 504 Plan guarantee a free appropriate public education (“FAPE”) to students with disabilities. However, the IEP and 504 Plan are creatures of different federal statutes. The term FAPE is defined differently under the case law and comes with different accountability standards.

Section 504 of the Rehabilitation Act of 1973 deals with equal access to the benefits of public education. The Individuals with Disabilities Education Act (IDEA) focuses more on the adequacy of special education. From my perspective, when considering an IEP versus a Section 504 Plan, the most important issue to think about is whether your child requires specially designed instruction— that is, instruction in which the content, methodology, or delivery is adapted to meet the unique needs of the particular student. For example, a general education student may qualify to receive speech-language therapy under an IEP or a 504 Accommodations Plan. A parent may prefer, however, the ongoing tracking of the child’s overall educational progress through individualized annual IEP goals , which is not necessarily a feature of a 504 Plan.

The impartial due process hearing is a mechanism to enforce a child’s right to a FAPE under both the IDEA and Section 504. To discuss this topic further, book a virtual consultation on my website, https://www.MSRLegal.ORG/Book-Your-Consultation. Also, follow @MSRLegalConsulting on Instagram where I post updates on the evolving landscape of special education in the wake of Covid-19.

Enjoy your weekend,

Oroma

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