Section 504 Plan Versus IEP Overview

School systems use both individualized education programs and Section 504 plans to meet the needs of students with special needs. The two documents have the same goal but take a different approach to help students learn. They’re both legally binding documents that ensure students with special needs receive the proper services or accommodations to reach their education goals.

Three federal laws guarantee the rights of students with special needs: the Americans with Disabilities Act, the Individuals with Disabilities Education Act (special education law) and Section 504 of the Rehabilitation Act (civil rights law). Individual states set guidelines on how they will provide IEP and Section 504 plan services and support.

Individualized education program overview

To be eligible for an IEP, a student must meet criteria set by the Individuals with Disabilities Education Act:

• The student must have one of 13 conditions specified in the law.
• The disability must affect the student’s ability to learn.
• The student must require specialized instruction to succeed in school.

If all three of these criteria are met, short- and long-term learning goals will be mapped out in an IEP along with specifics on where and how these goals will be met. 

Quick facts about IEPs

• The parent or guardian is always an important member of the IEP team.
• An IEP includes information on a student’s present levels of performance, annual goals, related services, possible changes to placement, accommodations and modifications.
• Accommodations support access to the curriculum (i.e. sitting at the front of the classroom to hear/see the teacher); modifications might change the curriculum or the way a student accesses the curriculum.
• School systems must review IEPs at least annually; parents must be notified in writing about the IEP meeting, the purpose of the meeting and be asked to attend.
• A triennial review is conducted at least every three years to make sure the student continues to meet the eligibility criteria established by IDEA.
• The IEP will be reviewed at each new school. It will be implemented as written or revised depending on the IEP, the school’s assessment of the student’s needs, and state/local policy on the IDEA and free and appropriate public education.
• An IEP typically ends when high school is completed, although it may go until age 21 if the student receives district services after high school, such as vocational and/or independent living instruction. 

IEP review meetings

You have the right to request a draft copy of the IEP prior to the IEP review meeting. If you don’t get the draft in time, consider rescheduling until you receive it so you can prepare for the meeting. Keep the following in mind:

• Remember, you are the expert on your child and the one constant member of the IEP team from preschool to high school — you are there for the entire journey.
• Write down your questions and ask for clarification when needed. Involve a friend, EFMP Family Support provider, school liaison, teacher or community agency representative for a second set of eyes on the IEP draft before the meeting.
• If you aren’t clear on the proposed recommendations, you have the right to ask questions at the meeting, disagree and make suggestions. You do not have to sign the IEP if you disagree. Your child will still receive special education services while you consider options.

Section 504 plan overview

If a student has a medical diagnosis or condition that impacts learning but doesn’t qualify for an IEP based on the three criteria, the student may qualify for a Section 504 plan instead. If the school recommends a Section 504 plan, ask:

• Why do you believe a Section 504 plan is a better option for my child?
• How can a Section 504 plan help my child in school?
• How would the proposed Section 504 accommodations help remove learning barriers for my child?
• How often can we meet about my child’s plan?
• Who is on my child’s Section 504 plan team?

Remember, a Section 504 plan is a formal plan that schools develop to remove barriers to learning and give students with special needs or impairments the support they need. Typically, the changes or accommodations are made in the general education classroom and don’t require specialized instruction. Because of this, a Section 504 plan is not special education and is not part of the IDEA. It gets its name from Section 504 of the Rehabilitation Act of 1973 and provides associated civil rights protections to the student.

One example of a student who may benefit from a Section 504 plan could be a student with attention deficit hyperactivity disorder who needs extra time to take a test or complete homework. Perhaps the student also needs specific seating — maybe in the front of the class or next to the teacher to be less distracted by other students. These minor accommodations may be just what the student needs to thrive in the classroom.

A good Section 504 plan:

• Is personalized for the student’s individual needs
• Covers all the areas where help is needed
• Describes specific services that the student needs. For example, the student may need assistive technology for reading — perhaps audiobooks — to hear as well as see what they are reading.

Check in with teachers regularly to see how accommodations are working, and if necessary, adjust the plan. You and the school should review and update the plan yearly to make sure it covers your child’s current challenges and eliminates unneeded accommodations.

There is no age limit on the Section 504 plan so your child can take it to college or even to the workplace. The Section 504 plan doesn’t offer related services like physical or occupational therapy. It evens the playing field for your child. The goal of a Section 504 plan is to make sure your child has what they need to be successful in the classroom.

Moving with an education plan

If you have a child with an individualized education program, don’t be nervous about moving schools. The Individuals with Disabilities Education Act ensures that all children with special needs have access to a free, appropriate public education and the tools to meet their educational goals no matter where or how often their family moves.

The IDEA governs how states and public agencies provide early intervention, special education and related services to eligible children with disabilities from birth through age 21. Department of Defense Instruction/Manual 1342.12 “Provisions of Early Intervention and Special Education Services to Eligible DoD Dependents” published on June 17, 2015, interprets IDEA.

When a student with an individualized education program transfers, the new school must:

• Provide free and appropriate public education. This principle makes sure every child, regardless of disability, has the right to a free public education tailored to achieve their highest potential.
• Include services comparable to those in your child’s current individualized education program. The new school provides services until the IEP team adopts the incoming IEP or develops and implements a new one.

Comparable services are provided if the child is identified as having a disability under the Individuals with Disabilities Education Act at the time of the transfer, the IEP was in effect at the previous school or if the transfer was in the same academic school year.

Since different school districts provide IEP and Section 504 plan services in different ways, military families may be concerned about continuity of services between PCS moves. However, the Interstate Compact on Educational Opportunity for Military Children, a voluntary agreement between states and the military, helps to ease relocation issues. The compact calls for the temporary provision of IEP and Section 504 services comparable to the previous school’s until an IEP is created for the new school. Watch this video to learn about the Military Interstate Children’ Compact Commission, or MIC3, and how it oversees implementation of the compact.

The Department of Defense State Liaison Office continues to work on the advance enrollment initiative, which is now policy in many states. This initiative gives PCSing students the opportunity to register in a new/anticipated school district and begin coordinating their IEP or Section 504 plan requirements before they are physically located within the school district.

Support during your child’s transition

One of the most important steps military parents can take when relocating is to involve their school liaison. School liaisons can help with issues with your child’s education, IEP or Section 504 plan. Watch this video to learn more about how school liaisons can help military students.

Keep track of contacts, resources and your child’s progress and plan using the Special Care Organizational Record for Children with Special Health or Educational Needs. Visit EFMP & Me and review the education checklist to learn more about IEPs and Section 504 plans. And don’t hesitate to connect with an EFMP Family Support Provider, school liaison office or call to speak with a Military OneSource consultant at 800-342-9647 to get the information you need.

Resources

Military OneSource offers a number of resources to help your family move successfully with an IEP.

• Download the Preparing for Your Move fact sheet for suggestions to consider before, during and after a move.
• Visit the EFMP & Me tool to create a customized checklist for your family. Review the Education checklist to learn more about IEPs and transferring schools.
• Listen to the Office of Special Needs EFMP podcast series. The EFMP and the Medical Component episode provides tips on easing your medical and educational transitions when you move.
• See the Education Directory for Children With Special Needs, which provides information to make informed decisions about your child’s education and early intervention services.
• View the Directory of Early Intervention, Special Education and Related Services in OCONUS Communities to identify military communities in OCONUS locations with programs or services for children with special needs.
• Keep track of contacts, resources and your child’s progress and plan with the Special Care Organizational Record for Children with Special Health or Educational Needs and The Special Care Organizational Record for Young Adults With Special Needs.