One confusing area of special education law is whether a student with a disability needs an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), or a 504 Plan under Section 504 of the Rehabilitation Act of 1973. Both are federal laws that protect students with disabilities. The laws, however, address different levels and types of need and providing the wrong plan can result in a violation of federal law, as well as certain parallel or implementing state laws, and can legally expose a public school district or charter school.

In general terms, an IEP has specific goals for the student that are progress monitored over the year, as well as specially designed instruction (such as specialized writing or math instruction, or social skills instruction), and related services (such as speech or occupational therapy), if appropriate. A 504 Plan mostly provides modifications or accommodations (such as extended time for testing, access to audio books or special seating) while the student is in school. A school can be found liable, however, if for example, a student has a 504 Plan but his needs require that he have an IEP. The school may be liable under the IDEA for failure to provide an IEP, even if it complied with all 504 requirements. This is a common pitfall that schools fall into: not knowing when to move from 504 to an IEP, or from an IEP to a 504.

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