504 or IEP?

Every five years, the district has to review and update our special education delivery plan (DDSDP). This is the plan that governs how our special education program operates. It identifies how special education services are organized and provided to eligible students and ensures that our special education program offers a comprehensive continuum of services to meet the needs of all eligible students in their least restrictive environment. It describes in detail the qualifications for teachers serving in this program and outlines their responsibilities for monitoring and designing instruction for the students being served. It discusses how some services may be delivered as part of a 'pull out program', or a 'co-teaching' environment where the general education teacher and special education teacher deliver instruction whole group. It describes in detail consultation services whereas the special education teacher provides indirect services to the general education teacher insofar as adjustments to the learning environment and specific instructional strategies employed. Indeed it is much more robust that what can be captured in a few paragraphs here. I bring this all up today because we are currently in our review window and a full copy of the plan can be accessed here. If you have questions or comments about our DDSDP, the plan is open for public comment until October 31.

However, that is not the only reason I bring this plan up for discussion today. It is instead to once again illustrate, highlight, and underscore the inherent benefits of the public school system. You see, we are charged with providing a rich and comprehensive curriculum to all students, regardless of their background or disability. My colleagues in the private sector do not have a special education delivery plan because they don't serve special education students. However, in some instances they may attempt to serve students with limited learning difficulties utilizing  section 504 of the rehabilitation act of 1973. This is commonly referred to as a 504 plan, and is a tool that we too use in the public schools. However to be clear, there are important distinctions between a 504 Plan and an IEP (plan). The fact is, they are designed to accomplish very different outcomes. 

While both a 504 plan and an Individualized Education Program (IEP) are designed to support students with disabilities, they serve different purposes and have distinct eligibility criteria, components, and legal foundations. 

To qualify for a 504 plan, a student must have a disability that substantially limits one or more major life activities, one of which can include learning. The primary purposes of the plan is to provide those students with equal access to educational opportunities and involves accommodations and modifications to the regular education curriculum and environment in an effort to level the playing field. The plan typically includes accommodations and support services such as extended time for tests, preferential seating in the classroom, access to some assistive technology and adjustments to classroom material. It is generally reviewed periodically, usually once a year and is focused on ensuring the accommodations remain appropriate for the students needs. While we do have operable 504 plans in Hudson, they are rarer. Simply stated, the accommodations that are typically employed (mentioned above) are accommodations that by in large are woven into the fabric of our general educational program. 

On the other hand, an IEP is governed by the Individuals with Disabilities Education Act (IDEA). To be eligible for an IEP, a student must have a specific disability outlined in the Act, and it must adversely affect the student's educational performance requiring specialized instruction. That is a key distinction: where an IEP requires specially designed instruction (SDI), a 504 does not. In other words, the IEP is designed and set up in a manner to not merely mask the disability via accommodation, but to help the student make educational progress through the careful delivery and monitoring of SDI. Indeed the primary purpose here is to provide the student with disabilities with specialized educational services and support tailored to their unique needs. It includes specific goals, objectives, and services designed to help the student make progress in their education. The students individual educational plan is comprehensive, including student's current level of performance, annual goals for achievement, specialized instruction and related services, and a high level of progress monitoring. It is very highly individualized and designed to address the specific needs of the student. The mechanics are highly structured and require frequent reviews. An annual review with multiple stakeholders adjusts the plan, measures progress, and sets new goals.

Both 504 plans and IEPs are designed to support students with disabilities and serve a useful purpose in the educational setting. But they differ in their legal basis, eligibility criteria and purpose. While the choice between a 504 plan and an IEP depends largely on the nature and and severity of the disability and their specific educational needs; there is no question that as a tool designed to foster student improvement, an IEP is superior.