Spectrum Arch, Inc.Both plans help students with disabilities succeed in school, and families often hear about them in the same meeting. But they come from different laws, cover different students, and do different things.
The short version
- An IEP (Individualized Education Program) provides special education: specially designed instruction, plus related services and accommodations.
- A 504 plan provides accommodations so a student can access regular education on equal terms, such as extra time, preferential seating, breaks, or assistive technology.
Where they come from
IEPs come from the Individuals with Disabilities Education Act (IDEA), a federal education law. 504 plans come from Section 504 of the Rehabilitation Act, a civil rights law that bans disability discrimination.
Who qualifies
For an IEP, a student must have a disability in one of the categories the law lists (for example autism, a learning disability, speech or language impairment, or an intellectual disability) and it must affect their educational performance so that they need special education.
For a 504 plan, the test is broader: a physical or mental impairment that substantially limits a major life activity, such as learning, concentrating, or reading. Students with ADHD, diabetes, anxiety, or food allergies, for example, may qualify for a 504 plan without needing special education.
Every student eligible for an IEP is also protected by Section 504, but not every 504 student qualifies for an IEP.
Who decides
In New York, IEPs are developed by the district's Committee on Special Education (CSE), or the CPSE for preschoolers. 504 plans are developed by a school team under the district's 504 process. Both should include you.
How long they last
In New York, a student can receive special education under an IEP until they earn a Regents or local diploma, or until the end of the school year in which they turn 21. Section 504's protections don't end with school: colleges and employers have their own disability obligations, though the plan itself doesn't follow the student.
Which one to ask for
If your child is struggling to learn despite good teaching, ask in writing for a special education evaluation. The evaluation will show whether they need an IEP, and if not, a 504 plan may still fit. See how to request a special education evaluation in New York.
Sources: NYSED, Section 200.4; Disability Rights Center, IEP and 504: What's the difference?; NYSED, Transition Planning and Services.