Complete Explanation by Robert Wells, Ph.D., Bureau of Special Education, NH Dept of Education
If a student is determined by the school district's evaluation team to be eligible for special education and related services under the Individuals with Disabilities Education Improvement Act (IDEA), that "trumps" a Section 504 plan. A school district has no flexibility to opt to provide services and accommodations under Section 504 when the student is IDEA eligible (see Yankton Sch. Dist. V. Shramm, 24 IDELR 704 (8th Cir. 1996). Further, a student with a disability, who is IDEA eligible, is also covered by Section 504. All children on IEPs have been identified as having a disability and therefore cannot be discriminated against because of their disability under the Vocational Rehabilitation Act of 1973 (Section 504). All students with IEPs and all students on 504 plans are covered by this civil rights legislation.
If a student is on an IEP with related services, there is no service or therapy that could not appropriately be attached to the IEP. The same is true of a Section 504 plan, if the student is in need of supports and services and qualifies under Section 504 and is in need of accommodations [but is not found eligible for special education under the IDEA], any service or support that the team determines is needed as an accommodation can be on the student's 504 plan. Supports and services appropriate to a student on a 504 plan are "auxiliary aids and services." On an IEP the supports and services are called "related services" (e.g., OT, PT, SP/L, Counseling, etc.).
There are no categorical restrictions as to what supports and services might be appropriate on an IEP or a 504 accommodation plan. In other words, a statement such as "Oh, you can't get that service on a 504" would be incorrect and inappropriate because all supports and services are determined based upon the individual need(s) of the student, whether he/she is eligible for special education or for accommodation(s) under Section 504.
A student cannot have both a 504 plan and an IEP. If the student is eligible for special education, that's what he/she gets and all the supports and services needed must be provided as related services attached to the IEP. Additionally, the parent cannot opt for a 504 plan if the student is eligible for special education, since the school is required to provide an IEP to a student who is eligible for one because of the greater rights and entitlements under the IDEA than under Section 504; a school district must comply with more procedural requirements and formalities under the IDEA.
For more information in New England
Office for Civil Rights
U.S. Department of Education
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
Fax (617) 289-0150