Navigating IEPs and 504 Plans: A Guide for Families
When you or someone you love has a disability, navigating academic and social challenges within the public school system can feel like an insurmountable challenge. School tasks that look simple to other classmates around you may feel impossible to you. You may start falling behind or start experiencing trouble connecting with peers around them. This can lead to feelings of defeat, low self worth, and even hopelessness.
The good news is there are built-in supports within the California school system which are designed specifically to support students and families with disabilities. These supports include Individualized Education Plans (IEPs) and 504 plans.
Both IEPs and 504 plans are important because they provide a framework to ensure students with disabilities receive the unique supports, accommodations and services they need to ensure they are best able to access their education within a TK-12 grade public school setting (including charter schools; private schools do not have IEPs or 504 plans). Since these students may be experiencing significant challenges in progressing in the general education setting, both IEPs and 504 plans are tailored to support each student’s unique strengths, needs and challenges. IEPs and 504 plans are created in a collaborative effort between the student’s parents/guardians and schools. They are legal documents, which means schools are required to follow the plan to provide the best support for students within a least restrictive environment.
Unfortunately, understanding and navigating the world of IEPs and 504 plans can be confusing and draining.
Exactly what is an IEP? What is a 504 plan? And how are they different from each other? How do I get one and how can it help me or my family?
At school, well-intentioned teachers and staff members may throw around acronyms, jargon and lingo – which is enough to make any person’s head go dizzy.
As a result, a basic understanding about IEPs and 504 plan can be essential for both parents and students to understand what each is, how they are different, and how they can best support you or your loved one.
Photo from Envato Elements Wavelength Media
What is an IEP?
An Individualized Education Plan, or an IEP, is a written legal document that is essentially a map that lays out the special education instruction, supports/accommodations, and services a student needs to access and thrive in school.
The keywords here are special education.
Since students with an IEP typically need more comprehensive support and services in order to meaningfully participate in their education, they require participation in special education programming at school.
However, that does not mean students will be pulled from the general education classroom. By law, students are required to attend school in a “least restrictive environment,” which means that students with disabilities need to be educated in the same setting as students without disabilities as much as possible. As a result, while some students do receive partial instruction outside of the classroom through specialized academic instruction (or SAI), the majority of students with an IEP do not learn in a separate classroom. Instead, they learn in the same classroom as students without an IEP.
So how do you get an IEP?
Some schools will reach out to a family when a teacher or administrator observes a significant need within the classroom. The school itself may start the IEP evaluation process with the parents’ consent.
However, parents and caregivers can also make a formal written request for IEP evaluation, by sending an email or letter to their school’s principal or special education coordinator. The written document should clearly state the request for assessment to determine if the student needs special education services and should outline specific concerns about the student’s learning and or development, providing examples from within the classroom (e.g. grades, testings, teacher observations).
IEP eligibility is then determined following a full evaluation process by the school that shows a student’s strengths and challenges. The evaluation process includes a variety of metrics which may include classroom observations, parent surveys and questionnaires, and parent/teacher interviews. The intention of all of these evaluations is to not only identify student strengths and areas of need, but also to determine if the student meets the criteria for one of the 13 disability categories listed under IDEA (including specific learning disabilities, autism, intellectual disability, and emotional disabilities).
Once a student is determined to be eligible through the evaluation process, school staff and the student's family meet collaboratively to create the IEP, a specialized program of services and supports tailored to meet the student's unique needs. These supports can include accommodations within the classroom (e.g. additional time on tests), modifications (e.g. shortened assignments), assistive technology (e.g. text to speech applications), and services (physical therapy, occupational therapy, speech therapy, etc.).
The IEP itself is always a written legal document that must include a list of services, accommodations, modifications and/or assistive technology, present levels of performance, and annual goals. Progress on goals is tracked throughout the school year and the IEP is reviewed with new goals set each year. Eligibility for an IEP is reevaluated every three years.
An IEP is a written legal document that is covered under federal special education law and the Individuals with Disability Education Act (IDEA).
For more information about IEPs at your student’s schools, visit the SDUSD and PUSD websites. It is important to note that while an IEP does not follow a student to college, accommodations listed in an IEP can follow through to college disability services.
What is a 504 Plan and how is it different from an IEP?
In many ways, a 504 plan is similar to an IEP because it is designed to support students with disabilities to better thrive in the school setting. Its goal is to remove barriers and allow students with disabilities to freely participate in school. Like an IEP, it outlines the accommodations – such as preferred seating, extra time on tests, built in breaks, etc – and/or assistive technology a student with a disability needs to keep up with peers, typically within the general classroom.
So how is it different from an IEP?
The biggest aspect that sets a 504 plan apart from an IEP is that a 504 plan does not include a designation for special education services. As a result, a 504 plan does not include specialized academic instruction (SAI) and/or other related services like speech therapy, occupational therapy, or educationally-related mental health services (ERMHS).
Instead, a 504 plan primarily focuses on providing accommodations within the general education setting. As a result, it is typically used to support students who may have a less severe disability. These may include students who were evaluated for an IEP, but did not meet criteria for one of the 13 disability categories. This means that a student who doesn’t qualify for an IEP might still be able to get a 504 plan.
However, you do not need to try to get an IEP before taking steps to get a 504.
Families can contact their school’s teacher and/or principals/administrators to request a 504 plan in writing; schools also typically have at least one staff person who is responsible for 504 plan evaluation and maintenance. The written request should include the student's disability, as well as all the reasons you think the child should have a 504 plan, and any identified accommodations you are asking for (sample of 504 accommodations).
While the school will still complete an evaluation, the threshold to meet requirements is lower than an IEP. Typically a 504 plan requires documentation to verify the student’s disability (e.g. medical diagnosis records), as well as anecdotal information or examples about how the disability is negatively interfering with their education (e.g. report cards, tests, teacher observations).
Typically school staff will then meet with the student’s family to discuss and collaboratively create the 504 plan. However, the development and evaluation of a 504 plan are different from an IEP. Unlike IEPs, 504 plans typically do not include annual goals and do not include any progress monitoring. Most schools review 504 plans each year for eligibility and to make changes to accommodations.
To get a better idea of exactly what goes into a 504 plan, see an example.
It is covered under Section 504 of the Rehabilitation Act of 1973, which is a federal civil rights law that protects against discrimination, which means that no student with a disability can be excluded from participating in federally-funded programs, such as elementary
Chart from FHSR.org
For a fuller comparison between IEPs and 504 plans, visit Understood.com.
So what can I do for myself or a loved one?
Let’s be real. Schools are understaffed and overwhelmed. The need for specialized services within the public school setting has never been higher. While many teachers and administrators are well-intentioned, you may be feeling as though you or your loved one’s needs are being pushed aside or overlooked.
You may feel defeated and want to call it quits. But do not give up!
Your biggest role is as an advocate. It is important to remember that you do have a legal right to an evaluation and a free appropriate public education (FAPE) that is specialized to you or your loved ones unique needs.
You know yourself or your loved one best. Be persistent. Make requests for evaluation in writing, and be specific with the reasons why you think an IEP or a 504 plan would be beneficial. Then follow up. And be persistent!
If you are still not satisfied with the results, there are other options.
If you think you or your loved one should qualify for an IEP but the evaluation process found them ineligible, you can also look into getting an independent educational evaluation (IEE), in which a professional outside of the school will conduct an independent evaluation.
Photo from Envato Elements Media_Photos
How can Patch Counseling Help?
Navigating the IEP and 504 process can be confusing and time consuming.
The clinicians at Patch Counseling are here to help.
All of the Patch Counseling clinicians have extensive experience working within the world of IEPs and 504 plans. Each clinician has spent time as an Educationally-Related Mental Health Services (ERMHS) provider, which means they have provided therapy services to students who have an active IEP. They have worked closely with these students and their families.
As a result, they recognize the obstacles that go along with establishing an IEP or 504 plan, as well as the challenges of coping with a disability on a daily basis. They are well-versed in the process and are able to support you along the way.
For more resources or to learn how Patch Counseling can support you or your loved one with an IEP or 504 plan, visit our contact page and schedule your complimentary phone consultation.
This article was written by Brittany Benjamin Amante, AMFT + ATR. Brittany is a therapist at Patch Counseling and you can learn more about her here. If you would like to work with Brittany, mention her when requesting for an initial consultation by filling out the contact form.
FAQ: IEPs and 504 Plans
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An IEP provides specialized education services under the Individuals with Disabilities Education Act (IDEA), whereas a 504 plan provides accommodations under Section 504 of the Rehabilitation Act to ensure equal access to education.
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No, a student typically has either an IEP or a 504 plan, but not both. If a student qualifies for an IEP, their needs are addressed within that plan.
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A student must meet the criteria for one of the 13 disability categories under IDEA and require special education services to succeed in school.
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The process for an IEP evaluation must be completed within 60 days of receiving parental consent. A 504 plan timeline varies by school but is generally faster.
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No, IEPs end in high school, but students can request accommodations through college disability services based on past IEP or 504 documentation.
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Schools must consider all requests for evaluation, but they may deny a request if they do not see evidence that the student requires special education services. Parents can appeal this decision.
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IEPs are reviewed annually and reevaluated every three years. 504 plans are typically reviewed yearly, but do not require formal progress tracking like an IEP.
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You can request a meeting with the school, document concerns in writing, and if necessary, file a complaint with the district or the U.S. Department of Education Office for Civil Rights.
