Which is the better number?

 Which is the better number? 

 

Which is the better way to go if you are looking for an appropriate special education for your child?  There is section 504 of the Vocational Rehabilitation Act and there is PL101-476 which is the Public Law of the 101^st Congress that passed the 476^th piece of legislation better known as IDEA.  

Let’s start with Section 504.  This section of the Vocational Rehabilitation Act says that organizations that receive federal funds  (almost every school district) must make accommodations for people with disabilities. That requirement includes staff as well as students.  In a school setting the accommodation might be smaller classes, longer test times, or even additional breaks.  Many school districts will default to 504 plans for good reasons.  They are generally less expensive to provide. There is little paperwork involved. And most importantly from the school’s perspective, there is no enforcement mechanism if the plan is never implemented or only partially so.

Parents like 504 Plans because they are quick to implement and children do not have to have a specific diagnostic category to have access.  They only need to have a “disability”.  

On the other hand, PL101-476 is much more difficult to put into place.  The child must be formally tested and be determined to have one of the 13 disabilities described in the law. Once that happens, a school team, including the parents, meets to construct an Individual Education Plan (IEP) for the child.  These plans can sometimes be contentious because they include not just the educational objectives for the child and the specific instructional supports, they also must include any additional related services such as speech, occupational therapy or counseling among several others.  Parents generally want more; school districts often want less. The other major difference between the 504 Plan and an IEP is that the IEP is a legally binding contract for services between the child’s parents acting on behalf of the child and the school district.  It is NOT, however, a guarantee that the instructional objectives outlined in the plan will be achieved.  IEP meetings need to be held at least once a year to be updated as the child’s needs change.

So which is the better way to go?  Well, that depends.   If what a child needs is an easy tweak to a typical educational program then the 504 Plan may fill the bill.  But if what a child needs is a full rounded, enforceable, contract for service then there is no question- the lower number 476 delivers on the goods more so than the higher number 504.