IEP’s are complex, detailed legal documents that contain an educational program for each child with special needs. They can often be confusing, and sometimes specific details get lost. One example: Do parents of children with special needs know the difference between accommodations and modifications?
To answer that question, let’s examine the legal definitions.
I. In New Jersey, both Federal and State Law Govern IEP’s.
The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide legal rights to students with disabilities.
The New Jersey Office of Special Education (OSE) implements state and federal laws governing special education to ensure students receive free and appropriate public education (FAPE).
- Accommodations are changes in how a student learns and remove barriers so students can learn the same material as their peers and meet academic standards.
- Modifications are changes in what a student is taught or expected to learn. They are typically made for students who are far behind their peers.
II. Conceptual Framework
Accommodations – “Leveling the Playing Field”
- Accommodations are meant to “level the playing field,” an analogy that refers to adaptations of the learning environment.
- Students with accommodations are held to the same grade-level standards as general education students, but accommodations allow them to access the content differently.
- Despite IEP accommodations, teachers grade the assignments the same way as other students with rubric and grading criteria remaining unchanged.
Modifications – “Changing the Playing Field”
- Modifications refer to “changing the playing field,” which are changes to the rubric and grading criteria. Modifications are generally made for students with significant cognitive or physical disabilities.
- When modifications are made to a student’s IEP, that student is not held to the same standards as the general education students in their grade in the area modified.
III. Implementation Context in New Jersey
IEP vs. 504 Plan Framework
IEP Plans (IDEA):
- IEP’s are provided for students classified with one of 13 listed disabilities that affects their school performance or ability to learn without specialized instruction.
- Students who have IEP’s are eligible to have accommodations and modifications in their IEPs.
- In order to qualify, a student must undergo a comprehensive child study team evaluation and be found eligible for special education and related services.
504 Plans (Section 504):
- 504 Plans cover a broader range of students than IEP’s. Instead of being found eligible under one of 13 categories, a student is eligible for a 504 Plan if they have a disability that substantially limits one or more major life activity, including learning.
- Section 504 of the Rehabilitation Act of 1973 has a much broader definition of disability than IDEA.
- 504 Plans can include accommodations, but modifications are generally found only in IEPs.
Eligibility and Scope
- Age Range: 504 plans may be provided for students in grades K-12 and for college and university students. Students who range in age from 3 to 21 may be eligible for an IEP. Once a student graduates from high school, they become ineligible for an IEP.
- Availability: Both programs must by law be offered completely free to eligible students in New Jersey.
IV. Types and Categories of Accommodations
Instructional Accommodations
- Environmental: Extended testing times, additional resources to study
- Presentation: Talk-to-text software, graphic organizers instead of written work
- Processing: Extra time for assignments and tests, additional wait time when asked questions
- Response Methods: Designated reader for test questions, giving answers in easiest form (written or spoken)
Testing Accommodations
- More time, quiet testing space, same accommodations used for classroom tests
- Separate testing setting, ability to request breaks during work time
- Goal: Let students show their knowledge without changing the test itself
Behavioral and Environmental Accommodations
- Physical and environmental changes in the classroom
- Preferential seating, frequent check-ins, re-stating directions
V. Types and Categories of Modifications
Instructional Modifications
- Lower-level reading assignments, shorter writing assignments
- Continue learning basic skills while classmates move to advanced work
- Fewer or different homework assignments, work graded differently than classmates
Assessment Modifications
- Alternate assessment that doesn’t measure against grade-level standards
- Fewer questions, different material than traditional exam, results interpreted differently
- Students take state’s modified assessments
Curricular Modifications
- Different list of spelling words to study
- Generally made for students with significant cognitive or physical disabilities
VI. Practical Implementation in New Jersey Schools
Decision-Making Process
- The IEP team, including parents, uses evaluation results and teacher/parent input to decide which accommodations and modifications are appropriate.
- In New Jersey, the IEP team, including parents, determines a child’s school and class placement.
Classroom Implementation
- Teachers review student IEPs at the start of year and use checklists for instruction-based accommodations.
- Collaboration between general and special education teachers should occur for modifications to ensure appropriate work and grading for each child.
Monitoring and Flexibility
- As students develop, they may decide not to use accommodations, or may need new ones not in their IEP.
- New Jersey school districts must provide accommodations according to specific legal timeframes.
VII. Key Differences in Educational Impact
Academic Standards Alignment
- With Accommodations, students access the same grade-level curriculum standards as general ed students but via a different path.
- With Modifications, students are not expected to learn the same material as their classmates.
Future Educational Implications
- Accommodations: Students remain on track for standard graduation requirements.
- Modifications: Can have a big effect on education and future as students whose educational content is modified may not be on the path to a traditional high school diploma.
Assessment Consequences
- Accommodations: Standardized tests allow some accommodations.
- Modifications: Students who are far behind may take an alternate assessment with different interpretation.
VIII. Legal Protections and Parent Rights
Due Process Rights
- Parents may request due process hearing if disputes arise over a 504 Plan or IEP.
- Parents can invoke stay-put rights and request mediation for placement concerns.
Evaluation Rights
- If determined ineligible, youth have the right to an Independent Educational Evaluation (IEE).
- School districts are responsible for timely evaluations and accommodations.
IX. New Jersey-Specific Considerations
Graduation Requirements
- Students with disabilities may have graduation requirements waived or modified through their IEP and can receive a state-endorsed diploma.
- Students demonstrating proficiency through portfolio appeals may receive a diploma and count as graduates for federal reporting.
Assessment Systems
- Dynamic Learning Maps (DLM) alternate assessment are available for students with the most significant intellectual disabilities.
The Takeaway: In New Jersey special education, accommodations change how students learn while maintaining grade-level expectations, whereas modifications change what students learn and lower academic expectations. The choice between these supports significantly impacts a student’s educational trajectory and future opportunities.
Need assistance with your child’s 504 Plan or IEP? Have questions?
Please call the SGW Law Firm for help at 609-409-3500. One of our experienced attorneys would be happy to speak with you.