Students with disabilities or medical conditions may have difficulty keeping up educationally for a variety of reasons.  Problems may arise because of absences, difficulty accessing the instruction, or difficulty keeping up with assignments and deadlines.  

The good news is that support and accommodations are available at school. These supports are provided through two different types of programs: 504 Accommodation Plans and Individualized Education Programs (IEPs).  These plans are similar in some ways.  However, there are several key differences.  

This article will discuss the 504 vs IEP eligibility process including the factors that are considered when determining which plan is best for the student.  We will also provide real-life examples of how the plans differ when implemented. 

Legal Foundation for 504 Accommodation Plans and IEPs

504 plans and IEPs have different legal bases.  504 plans are rooted in Section 504 of the Rehabilitation Act of 1973 which is a civil rights law.  This law prohibits discrimination based on a disability or impairment.  This law applies in settings including public schools, private schools, and colleges.  With 504 plans, the emphasis is on leveling the playing field so that the student can have equal access to the curriculum.  

IEPs are governed by the Individuals with Disabilities Education Act (IDEA) which is special education law.  IDEA ensures that children with disabilities receive a Free and Appropriate Public Education (FAPE) to meet their unique needs, and prepare them for further education, employment, and independent living.  This law applies only to public schools.  With IEPs, the focus is on educational progress. 

504 Accommodations vs IEP Services

504 Accommodation Plans describe the accommodations that are needed for a student to have the same access to the learning environment as non-disabled peers.  General education teachers and staff provide accommodations in the general education setting.

In contrast, an IEP describes how a child with a disability will be provided with a Free and Appropriate Public Education (FAPE) and to make progress toward identified goals and objectives.  Students with IEPs receive specialized instruction from special education teachers.  The student’s progress toward identified goals and objectives is measured and monitored.  

504 and IEP Eligibility Criteria

The eligibility criteria for 504 plans and IEPs are different.  A student can be eligible for a 504 accommodation plan if they have a physical or mental impairment that substantially limits a major life activity.  

To be eligible for an IEP, a student has to meet the criteria for one of the 13 specific disability categories listed in IDEA.  Additionally, the disability has to have an adverse effect on the student’s educational performance.  It is typically easier for a student to be found eligible for a 504 plan than it is to be found eligible for an IEP.  

504 and IEP Eligibility Process

For a 504 plan, a school may request documentation of the medical condition and the need for accommodations.  The school team meets to determine eligibility and to develop the 504 plan if needed.  

The special education eligibility process is significantly more involved and typically takes longer to complete.  In most cases, a formal evaluation including a psychoeducational evaluation is required to become eligible for an IEP.  Either before or concurrently with the formal evaluation, the school will implement interventions to determine whether or not general education supports are sufficient to meet the student’s needs.  After the evaluation and data collection, the eligibility committee will meet to determine if the student meets the criteria for one or more of the 13 special education eligibility categories.   It is also important to note that most IDEA eligibility criteria require that the disability results in an adverse impact on the student’s educational performance. 

504 vs IEP Determination Factors

Students with the same diagnosis or condition may be served differently. For example, some students with Attention-Deficit/Hyperactivity Disorder (ADHD) qualify for accommodations through a 504 plan. For other students, ADHD can cause an adverse effect on educational performance requiring specialized instruction. These students would likely qualify for special education services under the category of Other Health Impairment (OHI). Key questions to consider in this determination are:

• Does the student meet special education eligibility criteria?

• Does the student need accommodations or do the issues rise to the level that they also require specialized instruction? 

IEP vs 504 plan for ADHD: Case Study Examples

504 Plan for ADHD

Consider the cases of two students with Attention-Deficit/Hyperactivity Disorder (ADHD) who may need accommodations and/or special education services in school.  With Johnny’s ADHD, he is sometimes distracted in class but generally completes his work.  He is typically one of the last students in the class to finish, but he can perform grade-level work.  Johnny adjusts his behavior and performance with reminders and/or environmental accommodations such as preferential seating or reduced distractions.  

Johnny would likely be found eligible for a 504 accommodation plan because his medical condition, ADHD, limits his ability to concentrate and attend to instruction.  His accommodations may include things like preferential seating, reducing distractions, extended time for tests and assignments, chunking or breaking down assignments, and reminders to stay on task.  These accommodations are implemented by Johnny’s general education teachers and staff in the general education classroom.

IEP for ADHD

In contrast, Rutabaga has missed a significant portion of the curriculum due to not being able to focus and attend to instruction when concepts and information are presented.  He has low grades and is failing some classes.  He requires frequent redirection to tasks at a level that cannot be provided by the general education teacher while she is teaching the class.  Rutabaga needs direct instruction in skills such as emotional regulation, behavioral regulation, and executive functioning which are not a part of the general education curriculum.  

Rutabaga’s ADHD symptoms have an adverse impact on his education and rise to the level requiring specialized instruction.  Rutabaga would likely be found eligible for special education services under the category of Other Health Impairment (OHI).  

In addition to accommodations, Rutabaga’s IEP might include co-teaching services where a special education teacher provides services in the general education classroom.  It may also include pullout into a resource room or small group setting for part of the day to remediate skill deficits.  Rutabaga’s IEP would include specific goals and objectives that he is working on and his progress would be reviewed regularly.  All school staff including general education teachers would be required to provide any needed accommodations.  Specialized instruction would be provided by a special education teacher.  

How can you get a 504 Plan or IEP for your child?

If you suspect your child needs a 504 plan or an IEP, begin by documenting signs of trouble at school and talking with your child’s teacher.  As you consider your decision to request a 504 versus an IEP, think about if accommodations meet your child’s needs or if they rise to a level that requires specialized instruction.  Next, approach the school staff responsible for special programs at your school which may be a counselor, administrator, or another specialist.  I suggest keeping detailed records of all your correspondence in making these requests.  The student may need to have an evaluation to determine eligibility for services.  Documentation of a medical condition or diagnosis may be required.  Once the evaluation is completed, the school staff will determine if your child is eligible for a 504 plan or an IEP.  If found eligible, a plan will be developed.  

Dr. Brandi Tanner is a Nationally Certified School Psychologist and former special educator with over 15 years of experience in her fields. She founded Your IEP Source to guide parents through the IEP journey and to empower them to become better advocates for their children.