Section 504 or Special Education?

A parent asks:

"When should a school place a child in special education programs as opposed to a 504 plan? My son has Attention Deficit Disorder, and the school will be considering which program to place him in. Which is better?"

This question comes up a lot because of the lack of specificity in the regulations governing special education programs and section 504 as to where one program stops and the other begins in some disability areas such as attention deficit disorders. Neither the Individuals with Disabilities Education Act nor Section 504 of the Rehabilitation Act of 1973 specify measurable, objective criteria that would guide parents and educators in making a decision in favor of one program or the other.

The regulations leave the decision up to school committees such as IEP teams or 504 committees. Typically, these committees determine the level of support a student needs to decide which program is most appropriate. If the student could be successfully accommodated in a regular education program with modifications, the committee may provide accommodations through a section 504 plan. If the child needs more intensive services such as specially designed instruction, instruction in a resource room, intensive therapies, or comprehensive behavior intervention plans, the committee may choose to develop an Individual Education Program and place the child in special education.

What can be done when the choice is not clear? If the committee is unsure about a placement, they may choose to try a 504 plan in a regular classroom, collect data on the child's progress, and meet again within a specified time to determine if the placement is working. If it became apparent during that period that the child needed more intensive support, an IEP team meeting could be arranged to consider that placement.

Section 504 and IDEA Resources

• Section 504 and IDEA - Similarities and Differences
• Testing Accommodations in IDEA and Section 504