In the
public education system, there are many ways to help a child succeed. If a
student has a special need or is not succeeding in school, there are options
available to parents which vary by states and school systems. If a child has a
disability or you suspect the child has a disability, there are two options all
public school systems must make available.
504 Accommodation Plans
504 plans are set in place by a school to help level the playing
field between students with disabilities and students without disabilities. The
Americans with Disabilities Act (ADA) is a federal civil rights law that
prohibits discrimination against individuals with disabilities. ADA and the
Section 504 of the Rehabilitation Act of 1973 require public schools to provide
accommodations for students with disabilities in K-12 education. Under Section
504, students are granted accommodations to help them achieve the same tasks as
their classmates. These services will not change what is expected from the
student, but they will accommodate the assignments so that the student can
complete them.
Eligibility under Section
504
Section 504 describes eligible students as, “(1) Handicapped
persons means any person who (i) has a physical or mental impairment which
substantially limits one or more major life activities, (ii) has a record of
such an impairment, or (iii) is regarded as having such an impairment.” In
order to receive accommodations under Section 504, the student’s disability
must substantially hinder the child’s educational growth in one or more areas.
Once a student is referred to a 504 team, the 504 team will look at data and
evaluations of the student to determine if a 504 plan is necessary. If a
student is determined eligible for a 504 plan, the plan is written by the team
which includes the parent.
Individual Education Programs
An Individualized Education Program (IEP) is a legal document that
is written by a team of school system staff and the parents. IEP’s are written
in accordance with the mandates of the Individuals with Disabilities Education
Act (IDEA).
Determining Eligibility
To begin the process of determining if a child requires an IEP, school
staff and
parents determine the evaluations needed evaluate whether the student
has an educational disability and whether the student requires special
education services. Evaluations are conducted by the school, but parents can
commission their own independent evaluations at their own expense. Evaluations
are completed by professionals with experience in the areas the child’s
suspected disability. Classroom observations, standardized testing, and
examinations of skills in question will be conducted to ensure the evaluators
and IEP team know the exact areas in question. The evaluators present the
evaluation results in an IEP meeting. If the evaluation shows the child
has an educational disability and requires specially designed instruction, the
IEP team will draft an IEP for the child to receive special education services.
IEP Meeting
An IEP meeting will be convened to draft a set of goals for the
child to attain. It includes the services the school will provide in order to
reach those goals and a tangible way for the student to demonstrate progress.
The parties that makeup the meeting are the parent(s), a general education
teacher of the child, a school district representative, a special education
teacher, someone able to interpret evaluation results, if the child is of
appropriate age they may be on the team along with any other guest invited by the
parents or school officials who offers special knowledge of expertise regarding
the student.
Free Appropriate Public
Education (FAPE)
The local school system is responsible to provide a FAPE to all
students in their district age 3-21 years old. FAPE means the school system is
responsible to provide “some educational benefit” to children with special
needs in the district while also ensuring they are in the “least restrictive
environment.”
504 plans and IEP’s can have overlapping techniques for helping
students learn, but in the end the goals and services available through these
two documents are different. IEPs provide students with individualized,
specially designed instruction to meet the individual student’s goals. 504
plans provide accommodations to assist individual students to access the
general curriculum.
If you have questions about this post, please contact me at ashley@lawforparents.com to schedule a consultation.
Disclaimer: This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
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