In The Politics of Autism, I discuss the legal rights of people with autism and other disabilities. Inequality is a big part of the story.
Kevin Mahnken at the 74:While intended as a universal benefit, educational support for disabled children is significantly segregated by class, according to a paper released in January. The decade-spanning analysis of state and federal data found that wealthy families were twice as likely as poorer ones to be granted accommodations under the federal law Section 504.
A similar split was present in the vast architecture of special education offered through Individualized Education Programs — though in that case, the dynamic was reversed, with IEP recipients much more likely to come from low-income families than well-off ones.
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In 2019, a pair of investigations by Wall Street Journal and New York Times revealed that school districts with higher average incomes enrolled conspicuously larger numbers of students with 504 plans. Eligible pupils are typically given extra time to complete assignments and tests, raising concerns that some parents exploited the program to gain unneeded academic perks for their kids.
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[UCI doctoral student Nick] Ainsworth and his colleagues created the study by gathering academic records for millions of Oregon students between the 2008–09 and 2018–19 school years, then linking them to IRS tax files over the same period. The combined data allowed them to see not only which students were classified as needing IEP vs. 504 services, but which specific disability they reported.
In all, one-quarter of the most disadvantaged students had an IEP, a portion more than three times greater than that of the very wealthiest students. Meanwhile, nearly twice as many students from families near the top of the income scale were assigned a 504 plan than those near the bottom (2.9 percent vs. 1.5 percent).
Paul Morgan, a professor at the University of Albany whose work focuses on disability classification, said those patterns reflected important distinctions in how the two offerings are used.
IEPs provide specialized instruction geared toward each student’s learning goals, sometimes including placement outside general education classrooms. By contrast, 504 plans only require schools to make the requisite modification to give students equal access to learning opportunities. Their looser eligibility standards may allow parents with the resources and wherewithal to access support on behalf of children who aren’t obvious candidates for IEPs, Morgan remarked.
“These are benefits that don’t come with a lot of costs. Your child is typically not leaving the classroom,” he said. “They might be seen as beneficial without much downside in terms of tradeoffs.”
