Individual Educational Plans (IEP) and 504 Plans: What they are and what to do if the school refuses your requests
If you have a child with a disability or medical condition that impacts their ability to learn, you may have heard about IEPs and 504 plans. These are essential tools to ensure children get the support they need in school, but the differences between them can be confusing.
As a pediatric psychologist specializing in neurodiverse and medically complex children, I work closely with families navigating these educational plans. My goal is to break down the differences in a way that feels clear, empowering, and actionable—so you know exactly how to advocate for your child.
IEP vs. 504 Plan: What’s the Difference?
Both IEPs (Individualized Education Programs) and 504 plans provide support for students with disabilities, but they serve different purposes and fall under different laws.
IEP (Individualized Education Program)
An IEP is a comprehensive plan designed for students who require special education services. It is governed by the Individuals with Disabilities Education Act (IDEA), a federal law that ensures students with disabilities receive tailored instruction and services to help them succeed in school.
Key Features of an IEP:
✅ Requires a formal evaluation to determine eligibility
✅ Designed for students who need special education (not just accommodations)
✅ Includes specific, measurable learning goals and outlines specialized instruction
✅ Provides related services such as speech therapy, occupational therapy, and counseling
✅ Legally enforceable—schools must follow the plan
To qualify for an IEP, a child must fall under one of 13 disability categories under IDEA, such as autism, ADHD, specific learning disabilities (like dyslexia), or emotional disturbance.
504 Plan
A 504 plan is a broader support plan that ensures students with disabilities have equal access to education. It falls under Section 504 of the Rehabilitation Act of 1973, a civil rights law that prevents discrimination against individuals with disabilities.
Key Features of a 504 Plan:
✅ No requirement for special education—only accommodations
✅ Provides classroom modifications such as extra time on tests, preferred seating, or access to assistive technology
✅ Covers a wide range of conditions, including ADHD, chronic illnesses (like epilepsy or diabetes), and physical disabilities
✅ Easier to obtain than an IEP—does not require a formal special education classification
The biggest difference? An IEP provides individualized instruction, while a 504 plan provides accommodations within general education.
How to Obtain an IEP or 504 Plan in California
The process can feel overwhelming, but breaking it down into steps makes it more manageable.
Step 1: Request an Evaluation
📌 If you believe your child needs an IEP or 504 plan, submit a written request for an evaluation to your school’s principal or special education coordinator. I recommend making several copies and dropping an extra copy off at the district office. Remember, I can help you write an effective letter when you are ready!
In California, under the Individuals with Disabilities Education Act (IDEA) and California Education Code § 56300-56303, schools must respond within 15 days of receiving your request.
For an IEP: The school will conduct a full evaluation (cognitive, academic, behavioral, and sometimes medical testing).
For a 504 Plan: The evaluation is typically less formal and may involve a review of medical records and teacher observations.
Step 2: Attend the Eligibility Meeting
After the evaluation, the school will hold a meeting with you to discuss the findings and determine if your child qualifies.
If your child qualifies for an IEP, an IEP team (including teachers, specialists, and you) will create a plan outlining goals, services, and accommodations.
If your child qualifies for a 504 Plan, the school will draft accommodations to ensure they have equal access to learning.
Step 3: Review and Sign the Plan
📌 For an IEP, the school must review the plan annually, with a full reevaluation every three years.
📌 For a 504 Plan, updates happen as needed but should be reviewed at least every three years.
Pro Tip: You do not have to sign the plan immediately—take time to review it, ask questions, and request revisions if necessary.
What If the School Resists? How to Advocate for Your Child
Unfortunately, some schools push back when families request an IEP or 504 Plan, often due to lack of resources or misunderstanding of the law. If you find yourself facing resistance, here’s what you can do:
1. Know Your Rights
In California, under the Individuals with Disabilities Education Act (IDEA) and Section 504, schools must provide accommodations to students with disabilities. They cannot deny services simply due to funding constraints.
2. Request Everything in Writing
If the school says your child does not qualify, ask for a written explanation of their decision. This is called a Prior Written Notice (PWN)—and legally, they must provide it.
3. Bring in Outside Experts
A private neuropsychological assessment (which I provide) can offer objective data to support your child’s case. Schools are more likely to approve services when an expert presents clear evidence of need. My patients benefit from my vast network of local experts from special education advocates to local law firms ready to help.
4. Request a Due Process Hearing or File a Complaint
If the school refuses accommodations, you have the legal right to:
✅ File a complaint with the California Department of Education
✅ Request mediation or a due process hearing to challenge the school’s decision
Resources:
California Department of Education, Special Education Division (Website)
Wrightslaw (A great legal resource for parents navigating IEP/504 issues)
Final Thoughts: You Are Your Child’s Best Advocate
Navigating the IEP and 504 process can feel like a full-time job, but you are not alone. Schools may be experts in education, but you are the expert on your child. Trust your instincts, arm yourself with knowledge, and don’t be afraid to push for what your child needs.
If you need further guidance or a neuropsychological evaluation, I’m here to help. Together, we can ensure every child gets the support they deserve.
📩 Have questions? Drop them in the comments or reach out—I’d love to hear from you!
