I have four grandchildren, three of whom have been diagnosed with learning disabilities. At different times, they have had Individualized Education Plans (IEPs), legally binding documents under the Individuals with Disabilities Education Act (IDEA), or 504 plans, which are rooted in the Rehabilitation Act of 1973. Both documents specify the accommodations students must be given to help them learn.
I have watched my daughters fight like tiger moms to get their kids the services they deserve by law. I have also watched with dismay as my granddaughter was treated badly by the Wake County, NC, public school system, despite her disabilities. (She is now enrolled in a private school, where she is flourishing.)
Most of us have encountered parents who were fierce advocates for getting their children accommodations in school. But as is the case with my upper-middle-class daughters, success in getting accommodations is often affected by the class and education background of parents who are seeking services, a disparity that is likely exacerbated by differences in who gets IEPs and who gets 504 plans.
The more widely used IEP is an entitlement program that details procedures and processes to provide a “free and appropriate public education.” In contrast, 504 plans are based in anti-discrimination laws and do not have the same complex requirements and safeguards as IEPs, giving schools far more discretion in granting 504 plans compared to IEPs. In turn, 504 plans are the result of often intense negotiations involving school officials, evaluators, and parents, and data consistently show that low-income students are more likely to have IEPs while more advantaged students have 504 plans. Finally, students in colleges and universities can use their high school IEPs or 504 plans to argue for accommodations in college.