The special education system in New Jersey is complex. In order for their needs to be best met and to get the most out of their education, a student’s parents or guardians may opt for either a 504 plan or an Individualized Education Program (IEP). Both of these options are meant for the same purpose – safeguarding the student’s best interests – but even those with experience in the education system may not know how to choose.
The laws that govern IEPs and 504 plans are different, but many of the evaluation processes, legal documents, and procedural safeguards are the same. The two differ primarily in their content, intent, eligibility requirements, and sources of funding.
Sussan, Greenwald & Wesler is one of the leading special education law firms in New Jersey, and our goal is always to help you help your child’s needs be met at school – including by advising you in the complicated decisions involved in an IEP or 504 plan. Our attorneys have a wealth of experience not just in the law, but the practical realities of special education. From your child’s IEP meetings to the courtroom, we’re here for you with the legal acumen and well-honed skills needed to help you achieve your educational goals for your child.
The Basics
So, exactly what is a 504 plan? Simply put, it’s a set of services and accommodations that help students with disabilities participate in the general education curriculum. These can include changes to the classroom environment, adjustments in teaching methods, the use of assistive technology, and more. In concert, all of these measures have the potential to help your child with special needs thrive in school, learn better, develop socially, and overall feel happier and safer.
By contrast, IEPs are more comprehensive and specifically tailored to meet a student’s individual needs. Expect more specific educational goals and objectives as well as more detailed services and supports than you would find in a 504 plan. This also means an IEP may require more steps to be taken by a student’s parents and their professional advocates.
Governing Laws
An IEP is covered under the Individuals with Disabilities Education Act (IDEA), while a 504 plan is covered under Section 504 of the Rehabilitation Act of 1973. Both are federal laws that require free, appropriate public education (FAPE) to all students regardless of ability.
At SGW Law, we believe in every child’s right to the same education, whether or not they have a disability. Our trusted New Jersey special education attorneys are here to ensure your child’s school follows all federal and state laws regarding educational rights. Thanks to our legal expertise in both IEPs and 504 plans, we have long stood up for children with disabilities throughout the state.
Eligibility
In general, IEPs are more formal and 504 plans are more broad. While 504 plans cater to students who may have any number of needs, applying for an IEP requires a student to have at least one of the 13 disability categories listed in IDEA, including:
- A specific learning disability (SLD), such as dyslexia or dyscalculia, where a child struggles to read, write, listen, speak, reason, or do math.
- Speech or language impairment, including lisping and stuttering and others
- Other health impairments that limit a child’s strength, energy, or alertness.
- Autism spectrum disorder (ASD) that impacts social and communication skills and behavior.
- Intellectual disability, including Down syndrome and others.
- Emotional disturbance and other mental health issues, including anxiety disorder, bipolar disorder, oppositional defiant disorder, and others.
- Developmental delay in walking, talking, and other key milestones.
- Multiple disabilities such as ADHD and autism that require a highly specialized approach.
- Hearing impairment, including deafness.
- Orthopedic impairment, including issues with bones, joints, and muscles.
- Visual impairment, including blindness.
- Traumatic brain injury caused sometime after birth.
- Deaf-blindness, referring to significant loss of both hearing and vision.
Services and Accommodations
IEPs and 504 plans also offer students different services and accommodations.
IEP services include:
- Specialized instruction tailored to the student’s unique needs.
- Related services, such as speech, occupational, or physical therapy, as well as counseling and transportation.
- Behavioral supports and learning intervention plans.
- Assistive technology, such as text-to-speech software, adaptive keyboards, and other tools.
Students with IEPs may also receive more individualized help, including:
- Modified curriculums and adjustments to learning.
- Extended time for tests and assignments.
- Alternate formats on materials, such as large print and audio.
- Reduced distractions, such as quiet or separate settings for tests and assignments.
- Assistive devices and technology to support learning.
In contrast, 504 plan services include:
- Access to regular education services that give students with disabilities equal access to general education.
- Support services such as counseling, health services, or other supports to help students succeed in school.
Accommodations unique to students with 504 plans include:
- Classroom modifications, classroom environment changes, and practices such as preferential seating and adjusted classroom layout.
- Extended time on tests and assignments.
- Assignment adjustments and modifications to assignment nature or quantity.
- Assistive technology that helps with learning such as calculators, audio books, and other tools and devices.
- Behavioral supports and plans that address specific behavioral needs that impact learning.
New Jersey law requires all schools to follow the same rules. If you don’t agree with the terms of your child’s IEP or 504 plan, the special education attorneys at SGW Law are ready to help you make the necessary modifications that are best for your child.
Development and Implementation
As a parent or guardian, you’ll work together with your child’s teachers to develop and implement an IEP or 504 plan. IEP teams typically include more specialized roles and professionals due to the specific educational goals and services. Meanwhile, 504 plan teams focus less on specialized roles and more on ensuring access and accommodations within the general education setting. And at SGW Law, our attorneys will become an integral part of your team, always prepared to go to bat for your child and your family.
- IEP teams include parents or guardians, special education teachers, general education teachers, school administrators, school psychologists and specialists, and related services providers such as speech, occupational, and physical therapists.
- 504 plan teams include parents or guardians, general education teachers, school counselors and psychologists, and school administrators.
Documentation
Both an IEP and 504 plan are legally binding documents. However, you should be aware that 504 plans give you fewer options when violations happen. If you feel a school has violated the terms of your child’s educational plan, we’re here for your legal protection and will fight for the fair resolution your child deserves.
Legal Protections and Dispute Resolution
Legal protections and dispute resolution for IEPs align with the Individuals with Disabilities Education Act (IDEA). You have the right under IDEA to:
- Free Appropriate Public Education (FAPE), which ensures students with disabilities receive an education that meets their unique needs at no cost.
- Least Restrictive Environment (LRE), which ensures students are educated with their non-disabled peers to the maximum extent appropriate.
- Parent Participation, which gives you the right to participate in all aspects of your child’s IEP development process.
- Due Process, which gives you the right to be informed about your child’s educational program and services and to challenge decisions.
You also have the legal right to confidentiality under the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of your child’s education records and gives you the right to access those records.
Your right to dispute resolution for your child’s IEP includes:
- Informal resolution including direct communication with school teachers, special education staff, and administrators.
- Voluntary mediation (usually at no cost) to help both parties reach a collaborative and mutually agreeable solution.
- Formal due process hearing for disputes not resolved through mediation.
- State complaint procedures filed with the education agency regarding violations of IDEA.
- Appeals and judicial review for due process hearings with unfavorable outcomes.
If your child has a 504 plan, you have the right under Section 504 of the Rehabilitation Act of 1973 to:
- Free Appropriate Public Education (FAPE), which ensures your child receives the same access to education as non-disabled students.
- Non-discrimination from schools against students with disabilities including equal access to educational opportunities.
- Parent and student rights to be informed about 504 plans and participate in the development process.
You also have the legal right to confidentiality as well as dispute resolution including:
- Informal resolution including discussions with school personnel.
- Voluntary mediation regarding the 504 Plan.
- Formal complaints filed with the Office for Civil Rights (OCR) for Section 504 violations.
- Due process hearings with a more limited scope than IDEA-specific due process hearings.
- Judicial review and court appeals to state and federal courts for undesirable mediation outcomes or OCR decisions.
If you are unsure about your school’s responsibilities to your child or intimidated or overwhelmed by the legal process, an experienced special education lawyer from the SGW Law team can make a huge difference. Many schools bring their own legal counsel to IEP meetings, meaning the best thing you can do to protect your child’s rights is show up with sufficient support of your own.
Funding
Schools receive funding from the federal government for each additional student with an IEP. However, they do not receive additional funding for students using a 504 plan. Schools that fail to meet the requirements of Section 504 can lose their funding. Funds designed for students with IEPs may not be used on 504 plans.
Contact Our Special Needs Attorneys for More Information
At Sussan, Greenwald & Wessler, our goal is always to inform you on the steps you can take to secure the best possible public education for your child. We became the top special education lawyers in NJ for one simple reason: Every case is as important to us as it is to you. Contact the special needs attorneys at SGW Law for more information on 504 plans, IEPs, and more.