504 Plans vs. IEPs: Which Is Right for Your Child?

By Angela Seager • 11/20/2025

When a child struggles in school because of a disability, parents often hear about two possible supports: the 504 Plan and the IEP (Individualized Education Program). While both can help, they are very different legal tools with distinct eligibility rules, protections, and benefits.

As a special education attorney in Austin, TX, I work with families across Texas to determine the right plan for their child’s needs—and ensure the school follows the law. Here’s what you need to know to make the best decision for your child.

1. Understanding the Basics

What is an IEP?
An IEP is a written education plan created under the Individuals with Disabilities Education Act (IDEA). It is designed for students who meet specific disability categories and require specialized instruction.

What is a 504 Plan?
A 504 Plan falls under Section 504 of the Rehabilitation Act of 1973, a civil rights law that protects students with disabilities from discrimination. It provides accommodations, but not specialized instruction, to help students access the general education curriculum.

2. Eligibility: Who Qualifies?

IEP Eligibility (IDEA)

The student must meet one of 13 disability categories under IDEA (such as autism, speech impairment, dyslexia when it significantly impacts learning, ADHD, or emotional disturbance).
The disability must require specialized instruction.

504 Plan Eligibility (Section 504)

The student must have a physical or mental impairment that substantially limits one or more major life activities, such as learning, reading, or concentrating.
Specialized instruction is not required—accommodations alone may be enough.

3. Protections & Legal Rights

IEP Protections:

Guarantees a Free Appropriate Public Education (FAPE) in the least restrictive environment.
Provides measurable goals, specialized services, and progress monitoring.
Gives parents robust procedural safeguards, including the right to mediation and due process hearings.

504 Plan Protections:

Also ensures FAPE, but through accommodations and modifications rather than specialized instruction.
Prevents discrimination in school programs and activities.
Offers fewer procedural safeguards than an IEP, but still requires schools to follow certain notice and evaluation rules.

4. Benefits: Which Might Be Better for Your Child?

An IEP may be right if your child:

Needs specialized instruction in addition to accommodations
Has significant academic, social, or behavioral needs
Requires related services like speech therapy, occupational therapy, or counseling

A 504 Plan may be right if your child:

Needs only accommodations (e.g., extra time on tests, preferential seating, modified assignments)
Is performing at or near grade level with supports
Has a medical condition or disability that does not require specialized instruction

5. Texas-Specific Considerations

In Texas, the ARD Committee (Admission, Review, and Dismissal) develops IEPs, while 504 Plans are typically managed by a school’s 504 coordinator or campus team.

Key Differences in Texas:

Timelines for evaluations under IDEA are stricter than under Section 504 (45 school days for IDEA evaluations).
Parents are equal members of the ARD Committee for IEPs, but have less formalized decision-making roles in 504 meetings.

6. How a Special Education Attorney Can Help

Deciding between a 504 Plan and an IEP isn’t always straightforward—and sometimes schools push for one option over the other for administrative convenience. As an experienced special education lawyer in Austin, TX, I can:

Review your child’s evaluations and school records
Explain your child’s rights under both IDEA and Section 504
Advocate for the right plan to meet your child’s needs
Challenge inadequate services through state complaints, mediation, or due process

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