504 Plan vs. IEP in Maryland: Which One Does Your Child Actually Qualify For?

A child gets diagnosed with ADHD. The pediatrician says she'll probably need accommodations at school. The parent calls the school and the team mentions two options: a 504 plan or an IEP. The parent nods, not fully understanding what either one means, and agrees to the one the school recommends.

This scenario plays out constantly in Maryland. The school's recommendation is not always the right one for the child. Understanding the legal difference between a 504 plan and an IEP — specifically under Maryland's regulatory framework — puts you in a position to advocate for what your child actually needs.

The Core Legal Difference

These two documents exist under different federal laws and serve different purposes.

An IEP (Individualized Education Program) is created under the Individuals with Disabilities Education Act (IDEA). It is a legally binding document that entitles a student to specially designed instruction — meaning the actual curriculum, teaching methods, and instructional approach are modified to meet the child's individual needs. An IEP also includes related services: speech-language therapy, occupational therapy, behavioral support, counseling, and transportation, among others.

A 504 Plan is created under Section 504 of the Rehabilitation Act of 1973, a civil rights law. It does not change how or what the child is taught. It provides accommodations that give the student equal access to the same general education curriculum every other student receives. Think: extended time on assessments, preferential seating, breaks for medical management (blood glucose checks for diabetes, for example), or permission to use noise-canceling headphones.

The simplest way to think about it: an IEP modifies the education. A 504 plan ensures access to the education.

Maryland Eligibility: The Standards Are Different

IEP Eligibility Under COMAR

For an IEP, a student must be found eligible under one of Maryland's identified disability categories as defined in COMAR 13A.05.01. These include Autism, Specific Learning Disability, Other Health Impairment (which covers ADHD), Emotional Disability, Speech or Language Impairment, Intellectual Disability, and several others.

But meeting a diagnostic category is not sufficient on its own. The student must also demonstrate that the disability adversely affects educational performance to the extent that specially designed instruction is required. A student with moderate ADHD who is managing grade-level work with minimal support may not clear that bar for an IEP — but a student with severe executive functioning deficits that prevent them from completing grade-level tasks in any setting almost certainly does.

Maryland's evaluation requirements are more protective than the federal baseline. Under COMAR 13A.05.01.04 and .06, eligibility cannot be determined by a single assessment. The team must use a variety of tools. For Specific Learning Disability specifically, at least one IEP team member must conduct a classroom observation. And the evaluation must assess all areas of suspected disability — not just the ones the district chooses to assess.

504 Eligibility

Section 504 uses a broader, simpler standard. A student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities. Learning, reading, concentrating, communicating, sleeping, and caring for oneself all count as major life activities. The disability doesn't have to cause the need for specially designed instruction — it just has to substantially limit a major life function in a way that affects access to education.

This is why many students with ADHD, anxiety, chronic illness, or recovering from injury who don't qualify for an IEP do qualify for a 504 plan. The access barrier is lower; the protection is also different.

What Each One Actually Delivers in Practice

The dispute resolution difference matters. If the district fails to implement an IEP, you can file a formal MSDE State Complaint and the state will investigate within 60 days. If the district fails to implement a 504 plan, your primary federal recourse is through the U.S. Department of Education's Office for Civil Rights — a different process with different timelines.

When Maryland Schools Push 504 Over IEP

Parents in Montgomery County, Howard County, and other well-resourced Maryland districts sometimes find that schools recommend 504 plans for students who arguably need IEPs. The practical reason is that 504 plans are cheaper and less administratively intensive to implement. Extended time and preferential seating cost almost nothing. Speech therapy three times per week is expensive.

If your child has a diagnosis that substantially affects their ability to access grade-level curriculum — not just access the general school environment — and accommodations alone are not closing the gap, the child likely needs specially designed instruction. That means an IEP.

The signal that a 504 is insufficient is typically academic stagnation. If a student with a 504 plan continues to fall further behind grade level despite accommodations, the accommodations are not addressing the underlying problem. The IEP evaluation process should be triggered.

You can request an evaluation for an IEP even if your child already has a 504 plan. Submit the request in writing to the school principal and special education coordinator, describe the academic concerns you are observing, and reference the fact that current accommodations are not producing progress. Maryland's 60/90-day evaluation timeline begins from that written request.

When a 504 Might Actually Be the Better Fit

Not every student who qualifies for both needs the heavier structure of an IEP. If a student's primary need is accommodation — not instruction modification — a 504 plan may be less disruptive to the student's school experience while still ensuring access. Students who are academically on track but need extended time for standardized assessments, the ability to test in a quiet room, or scheduling flexibility for chronic illness management often do very well under a 504 plan.

The Maryland Comprehensive Assessment Program (MCAP) — the state's standardized testing system — allows students with 504 plans to receive documented accommodations. These accommodations must be listed in the 504 plan and must be accommodations the student uses regularly in the classroom, not just on test day.

Making the Right Call for Your Child

The question to ask is not "which is easier to get?" It's "which one addresses what my child actually needs?" A child who needs instruction modified to learn — not just access to the same instruction everyone else gets — needs an IEP. A child who can access grade-level instruction but needs barriers removed needs a 504 plan.

When there is ambiguity, request a comprehensive evaluation and let the data drive the team's determination. Under Maryland law, the school cannot refuse an evaluation request that you submit in writing. And if the evaluation comes back with a result you believe is wrong, you have the right to request an Independent Educational Evaluation at public expense.

The Maryland IEP & 504 Advocacy Playbook covers both tracks: evaluation request templates for IEP eligibility, 504 plan advocacy strategies specific to Maryland districts, and the full dispute escalation process for when the school's recommendation doesn't match your child's documented needs.

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