IEP vs. 504 — the quick version
| IEP | 504 Plan | |
|---|---|---|
| What it is | A plan for special education — specially designed instruction and services. | A plan of accommodations so a student with a disability has equal access (for example, extra time or seating). |
| The law | IDEA (federal), carried out in Colorado through the Exceptional Children's Education Act. | Section 504 of the federal Rehabilitation Act. |
| Who it's for | Students who need special education to make progress. | Students with a disability who need adjustments but not special education. |
A child can qualify for one and not the other. Which fits is decided by an evaluation, not a guess.
How to ask for an evaluation
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Put the request in writing
Tell the school you think your child may have a disability and want an evaluation. Sending it in writing — to the school and the Special Education Director — creates a dated record and starts the clock.
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The school sends a consent form
The school can't evaluate your child without your written consent. Read it, then sign it to move forward.
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The timelines start
In Colorado, after you sign consent the school generally has 60 calendar days to complete the evaluation, and about 30 days after that to hold the meeting that decides whether your child is eligible.
Your rights as a parent
Special education comes with a set of protections called procedural safeguards. Among them:
- You're a required member of the IEP team — with the right to ask questions and share what you know about your child.
- The school must get your consent before an initial evaluation or before starting special education services.
- You're entitled to Prior Written Notice when the school proposes or refuses a change.
- If you disagree with the school's evaluation, you can request an Independent Educational Evaluation — often at the school's expense.
- You have access to dispute resolution — mediation, a state complaint, or a due-process hearing.
- You must receive a copy of your procedural safeguards at least once a year.
How this fits into a CPS case
An IEP or 504 plan doesn't stop because a case is open — the plan is meant to keep protecting your child. Two things are worth knowing:
- Keeping copies of the plan and school records helps make sure your child's supports continue wherever they are — our records guide and Documentation Log help.
- When a child is in out-of-home placement, who makes school decisions can shift, and a surrogate is sometimes appointed for special-education decisions. A parent may keep some rights unless a court limits them — see For Parents of Children With Special Needs, and ask your attorney what applies.
Colorado help
You don't have to figure this out alone:
- PEAK Parent Center — Colorado's parent training and information center, with English- and Spanish-speaking Parent Advisors (719-531-9400).
- Colorado Department of Education — special education questions (720-926-1453).
- Disability Law Colorado and other groups listed in our resource directory.