An IEP is a written special education plan for a student who has one of the disabilities listed in federal and New York rules and needs special education because of it. A 504 plan comes from a civil rights law and provides supports for a student whose impairment substantially limits a major life activity such as learning. A child with anxiety, depression, ADHD or another mental health condition may qualify for either one, or neither, depending on how the condition affects school.
Part of our guide: A Parent’s Guide to Child and Teen Mental Health
In New York, a parent can start the special education process by putting a request in writing. This guide describes the rules in general terms. It is not legal advice, and details can vary by district and situation.
The main differences
| IEP | 504 plan | |
|---|---|---|
| Law | Individuals with Disabilities Education Act (IDEA) and New York rules | Section 504 of the Rehabilitation Act, in schools receiving federal education funds |
| Who qualifies | A student evaluated as having a listed disability who, because of it, needs special education and related services | A student with a physical or mental impairment that substantially limits one or more major life activities |
| What it provides | Specially designed programs and services, goals, and accommodations | Regular or special education and related aids and services designed to meet the student's needs as adequately as other students' needs are met |
| Who decides in New York | The Committee on Special Education (CSE), with parents as members | A group at the school that includes people who know the student and the evaluation data. Ask your school who handles Section 504 |
| Reviews | At least yearly, with reevaluation at least every three years unless parent and district agree in writing it isn't needed | Periodic reevaluation is required. Ask how your school schedules it |
| Disagreements | Mediation, impartial hearing, State complaint | Notice, chance to examine records, impartial hearing and a review procedure |
Does a mental health diagnosis qualify?
A diagnosis can support a request, but it does not settle the question by itself. Both laws look at the effect on the student.
For an IEP
New York's Parent's Guide lists 13 disability categories. Two that often come up for mental health:
- Emotional disability. New York uses this term for a condition showing certain characteristics over a long period of time and to a marked degree that adversely affects educational performance. The federal definition lists an inability to learn not explained by other factors, trouble building or keeping relationships with peers and teachers, inappropriate behavior or feelings under normal circumstances, a general pervasive mood of unhappiness or depression, and a tendency to develop physical symptoms or fears tied to personal or school problems.
- Other health impairment. The federal definition covers limited strength, vitality or alertness due to chronic or acute health problems, naming conditions such as ADHD and Tourette syndrome, when it adversely affects educational performance.
The child must also need special education because of the disability. A child with a diagnosis who is doing well with ordinary support may not be found eligible.
For a 504 plan
The US Department of Education's Section 504 regulations cover "any mental or psychological disorder," including emotional or mental illness. They name learning among major life activities. The regulation's wording is decades old and uses outdated language for disability, so you may see those terms in the text.
The regulation's list is also narrower than current law. For Section 504, federal law uses the definition of disability in the Americans with Disabilities Act, as amended in 2008. That definition is read in favor of broad coverage, and its major life activities also include sleeping, reading, concentrating, thinking and communicating. A condition that comes and goes counts if it would substantially limit a major life activity when active, and the question is decided without regard to the helpful effects of measures such as medication. So a child whose symptoms come and go, or improve on medication, is not ruled out for that reason alone.
Some students who do not need special education may still qualify for 504 support, depending on how much the condition limits them. For many parents, this is the practical question: does my child need different teaching, or the same teaching with changes around it?
What support can look like
New York's guide gives examples of what an IEP can include: test accommodations such as a longer time to take tests, special seating arrangements, supplementary aids, and related services. Each plan should fit the student. For a child with school-related anxiety or attention problems, parents often discuss with the school and clinician what happens during the moments that are hardest, such as tests, transitions, or returning after an absence.
If your child is avoiding school, this article on school avoidance offers useful background. For ADHD in particular, see how ADHD testing supports academic accommodations.
How to start in New York
- Talk with the school first. NYSED suggests speaking with your child's teacher or principal. Schools have general education supports for students who are struggling, and these may help. You can make a referral at any time if you remain concerned.
- Put your request in writing. Address it to the chairperson of your district's CSE or to your child's building administrator. NYSED's guide includes a sample letter. A teacher or physician can ask the district to refer your child, but only a referral by a parent or a person designated by the district starts the process. Keep a copy and note the date.
- Give written consent. The district cannot do the initial evaluation without it, and the evaluation is at no cost to you. Agreeing to an evaluation does not mean you have agreed to services.
- Share what you have. Give the Committee any outside evaluations and information about your child. NYSED says the information you share must be considered.
- Know the timeline. The initial evaluation must be completed within 60 calendar days of the district receiving your consent, with limited exceptions. For school-age students, the IEP must be implemented no later than 60 school days after the district received consent.
- Attend the meeting. You should get written notice at least five days ahead. You are a member of the Committee. You must get a copy of the evaluation report, and it helps to read it before you go.
- Ask about 504 if the answer is no. If the CSE finds your child ineligible, NYSED notes it may refer your child to another school team for evaluation under Section 504.
Preschool children (ages 3 to 5) go through a separate committee, the CPSE, with some different rules. See the NYSED guide for those steps.
To request a 504 evaluation directly, ask the school who coordinates Section 504 and put your request in writing. The regulations require schools to evaluate a student who needs or is believed to need special education or related services because of a disability before initial placement. These regulations do not set a number of days for that evaluation, so ask the school for its timeline. New York's 60-day deadline above comes from its special education rules.
How your child's clinician can help
A treating clinician can help you describe how symptoms show up. NIMH notes that health care providers can help you communicate with the school. A useful letter often describes the diagnosis if you choose to share it, how symptoms affect attendance, attention or tests, and which supports may help. The school still makes its own decision.
Think about privacy before sharing. Decide with your child's clinician what the school truly needs to know, and sign a release for only that. Older students should have a say in this. This article on how therapists and schools work together goes deeper.
If you disagree with the school
- Independent evaluation. You may get an Independent Educational Evaluation at your own expense at any time. If you disagree with the district's evaluation, you have the right to request one at district expense, limited to one such evaluation each time the district evaluates and you disagree.
- Refused evaluation. The district must give you prior written notice explaining why.
- Formal options for an IEP. You can ask for another meeting, mediation, an impartial due process hearing or a State complaint.
- For Section 504. Federal rules require a system of safeguards that includes an impartial hearing and a review procedure. Ask your school for its procedure in writing.
Deadlines and options depend on the details. For a dispute, consider speaking with an education attorney or parent advocate, and use the contacts in NYSED's guide.
For help understanding how a mental health or attention problem is affecting school, see school stress and executive function therapy or the child and adolescent psychiatry and therapy page.
FAQs
Does a student with an IEP also need a 504 plan?
Often not. The regulations treat implementing an IEP as one means of meeting the 504 standard. Ask your school how it would handle your child's needs.
Does a private therapist's or doctor's letter guarantee services?
No. A letter or outside evaluation is information the school should consider. The school team or CSE decides eligibility, and you have rights if you disagree.
Do I pay for the school's evaluation?
In New York, the initial evaluation is conducted at no cost to you. Outside evaluations you arrange yourself may have costs, so ask about them first.
