When a child has autism, parents and caregivers have options to support their child’s learning and social-emotional well-being in the classroom. Two of the most common resources used in the public school system are an IEP (individualized education plan) or a 504 plan. These are not the same thing, nor are they interchangeable.
IEPs and 504 plans originate from different laws, have different teams that oversee them, honor different student rights, and they have different enforcement protocols. In this Texas Parent Guide to 504 Plans and IEPs for Students with Autism, we hope to unravel some of the confusion about these two separate ways to support children in the classroom.
Individuals with Disabilities Education Act (IDEA) governs IEPs through specialized instruction and related services. This act is a funding statute, rather than a law. In order to qualify for an IEP at school, students must fall into at least one of 13 separate disabilities, one of which is autism spectrum disorder (ASD). IDEA created IEPs to identify the specialized instruction and related services a child needs to receive special education.
A 504 Plan is governed by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), a civil rights law that requires schools to remove barriers so a student can access the general curriculum. Section 504 removes barriers so a student can access the general curriculum that already exists; it is about access, rather than alternative instruction.
A child does not need to have a specific disability or diagnosis to have a 504 plan put in place by their teachers or academic team. 504 plans are implemented when a child has a witnessed or observable disability that substantially limits a major life activity, which could include reading, math, test-taking, or even certain behavioral issues. The term “disability” is used more loosely here than it would be with an IEP, which requires a diagnosed disability.
For example, it might refer to a child’s inability to be still in class, work well with others on a group project, or pay focused attention on an assignment if other activities are going on in the room. Also, an autistic child who is academically on grade level may still qualify for a 504 Plan if autism substantially limits a major life activity in the classroom, at recess, in the cafeteria, or in their elective classes.
It’s important to note that just because a child has a diagnosable disability, like ASD, they do not necessarily receive an IEP or a 504. These support plans are put in place only if the child demonstrates a need. Then, based on that need, parents, teachers, and other members of the child’s academic support team (aides, resource specialists, administrators, etc.) determine which one makes the most sense.
As you begin advocating for your ASD child’s education, you’ll want to answer two key questions as you move forward with the school: Do they need a change or adaptation in what is taught? If so, they need an IEP. If the child needs an adaptation in how they access what is being taught, they will probably do just fine with a 504 plan.
ℹ️ The One-Question Test
Does your child need a change in what is taught, or a change in how they access what's already being taught? The first points toward an IEP. The second points toward a 504 Plan.
In addition to specialized instruction, IEPs provide a range of related academic supports at school, including speech therapy, occupational therapy (OT), ABA coordination, and others. In Texas, the Admission, Review, & Dismissal (ARD) Committee develops IEPs for individual students based on their diagnosis and needs. The committee usually includes the child’s parents/caregivers, an administrator or other school district representative, teachers, an evaluator (usually a school psychologist or educational diagnostician), and the student.
If your child needs the classroom curriculum to be altered (for example, reading material at a lower or higher grade level), Texas ARD processes require a written request from the parent, which can be sent to the child’s teacher and administrator. The school then has 15 days to respond and another 45 days to evaluate the situation. Within 30 days of that initial written request, the school has 30 days to hold the first ARD meeting. Parents must hold the district accountable to these timelines.
📊 The Texas IEP Timeline
15 → 45 → 30 days
After a written evaluation request: 15 school days for the district to respond, 45 school days to complete the evaluation once you consent, and the ARD committee meets within 30 calendar days after that. Write these dates down. Districts are accountable to them.
During that meeting and in the initial IEP (which can be amended and changed over time, as needed), the ARD committee must consider 11 research-based autism strategies, including communication supports, behavioral supports, social skills, and sensory integration. At all times, the committee should be guided by a guiding IDEA rule called LRE (least restrictive environment), which states that the school starts with the assumption that your child deserves to be in a standard school classroom, and only removed to a separate location for learning/instruction if the needs cannot be met in the regular classroom. The goal is to have students educated in the least restrictive setting where they can still benefit.
A 504 plan has broad eligibility requirements because there is no diagnosis list and no need for a diagnosis. Instead, it applies when a student has a disability that substantially limits a major life activity. Rather than providing a different curriculum or different instruction, it removes access barriers.
Both children with ASD and children with no known diagnosis or developmental disability benefit from 504 plans, which provide both instructional and/or behavioral accommodations like:
Unlike an IEP, which must be initiated in writing by a parent/caregiver, requests for a 504 plan can come from parents or teachers. In fact, it’s not uncommon for teachers to initiate the 504 plan process because the student's behaviors or challenges may not be something parents/caregivers are aware of at home. As with IEPs, tools or strategies determined to be part of a 504 plan are free and provided by the school.
Once the school receives a written request for a 504 plan evaluation, it has 45 days to obtain written consent from the parents/caregivers, conduct evaluations, and form the 504 committee (separate from an ARD committee) to determine eligibility.
A 504 plan is not a lesser option than an IEP or a way schools are trying to get out of implementing IEPs. Quite the opposite. For many students with ASD, ADD/ADHD, or who have other diagnoses, a 504 plan is exactly the right tool to keep them in the classroom with the curriculum that’s best for them, while benefiting from some tools or resources that support the process.
Sometimes, students enter the school system in kindergarten with a known ASD diagnosis. Other times, school teachers or staff notice a child may have a diagnosis based on how they’re showing up in the classroom. What most parents don’t know is that the school district has a legal obligation to identify, locate, and evaluate students with suspected disabilities under both IDEA (34 C.F.R. § 300.111) and Section 504. The Texas Child Find obligation requires districts to evaluate any student with a suspected disability, regardless of their grades or an existing private diagnosis.
This is why parents do not need a private diagnosis to request an evaluation; instead, a written request from the parent starts the district’s clock, and the school/district’s responsible for performing the evaluation. A school district cannot decline to provide the evaluation for any reason, even if the child is passing all of their classes with flying colors.
If a school declines the request, it must provide prior written notice with clearly stated reasons. At this point, if you still feel your child should be evaluated, you can move forward with a challenge by submitting a complaint to the Texas Education Agency (TEA complaint) and/or through the U.S. Department of Education (ED) Office of Civil Rights.
Knowing your rights is a powerful step in supporting your child and getting the fastest and most supportive responses from your child’s school district. Most importantly, take a deep breath and know that nothing is written in stone here. You can review and amend all of these processes at any time. You aren’t “stuck with a 504 plan” if it turns out your child needs an IEP (or vice versa).
An IEP vs. 504 is not a one-time decision because a student may transition from an IEP to a 504 Plan, or back again, as their needs and supports change.
⭐ Key Takeaway: Child Find
Your school district, not you, is legally required to identify and evaluate students with a suspected disability. You do not need a private diagnosis in hand to request an evaluation, and grades passing or not, the district cannot refuse.
ART sees a common misconception around private ABA therapy and how it does (or doesn’t) work with a school’s IEP or 504 plan services. Your child’s IEP and private ABA therapy are not an either/or situation. Instead, they work in tandem to support academic and social-emotional well-being at home and at school. While the IEP governs what the school district must provide, private ABA services are governed by the family’s insurance or self-pay arrangement. So, private ABA therapy does not substitute for IEP services, and IEP services do not substitute for private ABA therapy.
Most of our school-aged clients have IEPs or 504s in place, and our private ABA therapy services support those while also helping clients build a healthy, functional home life. Typically, families coordinate goals between their ABA provider and the child’s school team. The BCBAs at ART are always happy to communicate with the child’s teachers so we can partner with them to foster successful classroom outcomes.
While we provide ABA therapy, ART does not write or craft IEPs. We do not attend ARD meetings as an advocate, and we cannot provide legal guidance on special education rights. If you need legal guidance or support in better understanding special education rights, we recommend connecting with Texas Special Education Attorneys, Partners Resource Network (PRN), Disability Rights Texas, or SPEDTex.
ℹ️ Where ART Fits, and Where It Doesn't
ART provides ABA therapy and coordinates with your child's school team. We do not write IEPs, attend ARD meetings as your advocate, or give legal advice. For that, contact a Texas special education attorney, Partners Resource Network, or Disability Rights Texas.
ART’s role is to be a strong partner in a child’s overall support network. We work alongside the home and school “teams,” fostering healthy behaviors and positive outcomes in a child's home, school, and community life.
Once you’re ready to move on to getting your child extra support at school, there are clear actionable steps you can take:
If you have concerns about your child's ABA support alongside school services, reach out to ART.
🎯 Navigating a New Evaluation?
Our BCBAs work with families across Tyler, McKinney, Prosper, Celina, and Frisco to align ABA therapy goals with school-based support. Call (877) 77-ART-TX or email StartABA@arttx.org.
At ART, our BCBAs work closely with families to align therapy goals with whatever supports their child receives at school. We serve families across Tyler, McKinney, Prosper, Celina, and Frisco, and we already have relationships with many special education professionals in those districts.
If you're navigating a new evaluation or wondering how ABA therapy fits into your child's school plan, reach out. We're glad to help you think through it. Give us a call at (877) 77-ART-TX (877-772-7889) or email us at StartABA@arttx.org. ARTs team of BCBAs looks forward to listening to your story and finding a clear path forward for your child.
Legal disclaimer: This article is for general educational purposes only. It is not legal advice. Special education law is complex and fact-specific. If you are facing a dispute with a school district or need guidance on your child's specific situation, consult a qualified Texas special education attorney or contact a free Texas Parent Training and Information center such as Partners Resource Network (PRN) or Disability Rights Texas.
