An IEP gives a child with a disability special education: specialized teaching and services under the federal special education law, IDEA. A 504 plan gives a child accommodations so they can learn in regular classes, under a civil rights law. In Massachusetts, you can ask your school district to evaluate your child, and the clock starts when you do.

By our editors · Facts checked October 7, 2026. This guide is general information, not legal advice.

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The short version

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IEP vs. 504 plan: side by side

IEP504 plan
The lawIDEA, a federal law that funds special educationSection 504, a civil rights law against disability discrimination. It brings no extra funding
Who qualifiesIn Massachusetts, a child with a disability in one of 10 categories who can’t make effective progress without specially designed instruction, or can’t access the curriculum without related servicesA child with a physical or mental impairment that substantially limits one or more major life activities, such as learning, seeing, hearing or breathing
What your child getsSpecial education and related services designed for their unique needsRegular or special education and related aids and services so they can learn alongside classmates, often as accommodations
Who’s on the teamParents, a general education teacher, a special education teacher, a district representative, someone who can explain evaluation results, and the child when appropriateA group of people who know the child, what the evaluation data mean and the placement options
Ages3 through 21 in MassachusettsCovers students in schools that get federal funds. DESE handles 504 questions for students ages 3 to 22
If you disagreeMediation, a state complaint or a due process hearing at the Bureau of Special Education AppealsAn impartial hearing, a complaint to the federal Office for Civil Rights, or DESE’s Problem Resolution System

What is an IEP?

An IEP is a written plan for a child who needs special education. IDEA guarantees eligible children a free appropriate public education, with special education and related services designed around their needs.

In Massachusetts, the Team asks three questions, under state rules:

  1. Does your child have a disability in one of the state’s categories, such as autism, developmental delay, communication impairment or a specific learning disability?
  2. Is your child unable to make effective progress in general education because of it?
  3. Does your child need specially designed instruction, or related services to access the curriculum?

If the struggle comes from something else, like a lack of reading instruction or learning English, the Team must rule that out first.

What is a 504 plan?

Section 504 is a civil rights law. It protects people with disabilities in programs that get federal money, including public schools. A child qualifies with a physical or mental impairment that substantially limits a major life activity. The impairment alone isn’t enough; it has to cause a real limit.

In practice, a 504 plan often looks like changes to how your child learns or gets around school: think extra test time, a seat near the teacher, or a plan for managing a health condition during the day. Section 504 provides no funding, so it’s built on access and fairness, not extra programs.

Which one does my child need?

  • Needs different teaching or therapy to make progress? Think IEP.
  • Can keep up with the right supports and access? Think 504.
  • Not sure? Ask for a full evaluation. The results drive the decision, not a label.

Your child doesn’t need two plans. The federal Office for Civil Rights says implementing an IEP is one way to meet Section 504’s requirements. Not eligible for an IEP? Your child may still qualify for a 504 plan.

How do I request an IEP evaluation in Massachusetts?

  1. Write it down. Email or hand a dated letter to the principal or the district’s special education office asking for an evaluation in every area of concern. A parent or anyone in a caregiving or professional role can make the referral.
  2. Watch for the consent form. The district must send you written notice seeking your consent within 5 school days of the referral. If it refuses to evaluate, it owes you a written notice saying so.
  3. Sign, and the clock starts. The district must complete the evaluation within 30 school days of your consent, covering all areas related to the suspected disability.
  4. Get the Team meeting and the plan. Within 45 school working days of consent, the district must evaluate, hold a Team meeting and give you two copies of a proposed IEP, or a written explanation if your child isn’t eligible.
  5. Take your time to decide. You have 30 days to respond. You can accept or reject all or part of it, and the school must start the parts you accept without delay.

Read the Parent’s Notice of Procedural Safeguards (updated May 2025). It explains your rights, including asking for an independent evaluation at public expense if you disagree with the school’s. DESE has translated it into 19 languages, including Spanish and Portuguese.

Reading is a common first worry. Our guide to teaching your child to read at home covers the warning signs and Massachusetts’ screening rules.

Turning 3: From Early Intervention to an IEP

Early Intervention (EI) serves babies and toddlers under IDEA Part C, from birth through age 2. At 3, the school district takes over. Here’s the handoff in Massachusetts, per a timeline prepared for DESE and the Department of Public Health:

Massachusetts districts evaluate children as young as 2½ who may be in EI, so services can start promptly at 3. Our guides to getting an autism or ADHD evaluation and speech delays explain the early steps.

Where to get free help in Massachusetts

You don’t have to do this alone. The Federation for Children with Special Needs (FCSN) runs a Parent Training and Information Center with free individual help on eligibility, evaluations, IEPs and disagreements.

Share our guide for teachers supporting IEPs in the classroom with your child’s daycare or preschool, and browse more in our inclusive care section.

Common questions

Can a child have both an IEP and a 504 plan?

Usually there’s no need. Federal guidance says carrying out an IEP is one way to meet Section 504, so the IEP covers both.

Is ADHD an IEP or a 504?

It depends on the child, not the diagnosis. If ADHD keeps your child from making effective progress without specially designed instruction, an IEP may fit. If accommodations are enough, a 504 plan may work.

How long does an IEP evaluation take in Massachusetts?

The evaluation must be done within 30 school days of your consent. The full process, from consent to a proposed IEP, can take up to 45 school working days.

Can the school refuse to evaluate my child?

Rarely. State guidance says a district may not delay or refuse an evaluation just to try classroom supports first, and may refuse only if the person referring has no concern about a disability. Any refusal comes with written notice, and you can push back through mediation, a state complaint or a hearing.

Do I have to pay for an IEP or 504 plan?

No. Under IDEA, special education and related services are provided at public expense and without charge. Section 504 also requires public schools to provide a free appropriate public education.

Looking for bilingual care or pediatric therapy on the North Shore? Our publisher, Treehouse Learning Center, has programs in Lynn.

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