Section 504 & IDEA Comparison

You may have been told: "your child doesn't qualify for an IEP, but they can have a 504", or "your child isn't eligible for services under IDEA", or even "your child is a 504 student, not an IEP student." What does this really mean?

Section 504 and IDEA are two separate laws that an administrator or teacher is referring to when they say statements like those above. This graphic is commonly used in schools to symbolize the concentric circles in which students is impairments fall. Students with disabilities qualify for different levels of support within the school community depending on the degree of their disability.

Diagram courtesy of the Texarkana Independent School District.

Read on to identify what "504" and "IDEA" truly stand for, how they are similar, and what makes them fundamentally different legal protections ensuring equity for our students with disabilities.

Section 504: American's with Disabilities Act
Section 504 is a section within the Americans with Disability Act (ADA), which was enacted in 1973. Under Section 504, people with disabilities, including school-aged individuals are protected against discrimination. Specifically, for children with disabilities, Section 504 states that schools must offer a Free Appropriate Public Education (FAPE). Section 504 grants individualized accommodations based on the student’s needs, but does not grant service time from specialized staff. 


IDEA: Individuals with Disabilities Education Act
IDEA is a federal law enacted in 1990 which protects the rights of students with disabilities. Under IDEA, public and charter schools must provide a Free Appropriate Public Education (FAPE) in order to allow children with disabilities equal access to education in this country. IDEA is the law in which students get service minutes in schools from specialized educators and therapists. The services provided to that student are determined by an Individualized Education Plan (IEP). The school must provide these services in the Least Restrictive Environment (LRE) to meet the unique needs of the student. 



Are you noticing any similarities? 
While it may seem as if these laws are the same (and some parts of them are), there are fundamental differences that directly impact the type of protection, services, and funding for students with special needs.

Take a look at the similarities here.

	Section 504 & IDEA
Parent Consent	Both laws require parent consent to meet for eligibility, evaluation and review meetings.
Cost	Both laws state that parents do not have to fund services for their student.
FAPE	Both laws require that the school provide a Free Appropriate Public Education to students with disabilities.
Accommodations	Both laws allow for accommodations for students with disabilities in order for learning equity.
Due Process	Both laws allow for parents to file due process.

Now this chart will guide you as to their differences.

Section 504	The Law	IDEA
o be eligible for a 504 plan: A student has a physical or mental impairment that substantially limits one or more of their major life activities.	Eligibility	To be eligible for an IEP:  A student has one or more of the 13 disabilities listed under IDEA. The disability must adversely affect the child’s ability to participate in the academic environment in the absence of specialized services and accommodations.
The states do not receive federal funds and therefore the school does not provide specialized academic, behavioral, or emotional support through the 504 plan.	Federal Funding/Services	The state receives federal funds for each student who is eligible under one of the 13 disabilities. This funding is used to provide specialized academic, behavioral, or emotional support often provided by a learning specialist or a contracted therapist.
At a 504 meeting an administrator, general education teacher, parent and sometimes the student are all present. There is no prescriptive agenda across the states; however you can expect to discuss your student’s strengths, areas of need, and review the necessary accommodations.	The Meeting	At an IEP meeting a district representative (which could be a school administrator or the student’s case manager), at least one general education teacher, at least one special education teacher, the parent, and sometimes the student are all present. If the meeting is an eligibility determination or a re-evaluation of eligibility, the psychologist who evaluated the student will be present as well. Be prepared to review the IEP in detail.
Many schools create a 504 plan outlining the student’s needs and accommodations. However, there is no standard 504 plan and it is not a federal requirement that such a written plan. The 504 plan is typically managed by a counselor or administrator.	The Plan	Under IDEA the school must create, follow, and monitor an IEP plan. This plan outlines the student’s eligibility, present levels of performance, specialized services, goals, accommodations, etc. A special educator is considered a "case manager", as that teacher will manage the student's IEP.
Each state has different guidelines when it comes to reviewing a 504 plan. Most states follow the same annual review and triennial re-evaluation as necessary for an IEP plan.	Evaluation/Review	This IEP plan is revisited every year, which is called an "annual review". Every three years the student is re-evaluated for special education, which typically requires a new set of psychological and academic testing to redetermine eligibility. At any point in the school year the IEP can be adjusted as needed, which is recorded as an addendum to the IEP.
The Office of Civil Rights is responsible for holding schools accountable for following Section 504 under ADA.	Law Enforcement	The Office of Special Education Programs is responsible for holding schools accountable to IDEA by auditing IEPs regularly.