Often when a parent requests a special education evaluation or services, the school district will suggest putting a 504 plan into place instead. It is often described by schools as a means to obtain services for a student without classifying or labeling him/her, almost like special education lite. What are the real differences and which one does your child need?
First, let’s consider the laws. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law to stop discrimination against people with disabilities. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services. Under this law, individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities including caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. 504 plans can be utilized on an as-needed basis – for instance, physical accommodations for a student with a temporary injury. Section 504 is a broad act which applies to schools, employers and places of business.
The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children. It is only available to students ages 3 to 22. States receive Federal funding under IDEA which are earmarked for special education students.
How does this affect my child’s learning?
A 504 plan provides services and changes to the learning environment to enable students to learn alongside their peers. The plan can be created by a team of people who are familiar with the child and who understand evaluation data and services options, but there is no requirement. A 504 plan can be implemented upon a note from a doctor. Often a 504 plan is a page of checkmarks indicating accommodations, such as extra time or a quiet setting which is filled out by an administrator. There are no testing requirements, goals or meeting rules. A 504 plan generally includes the following:
- Accommodations, supports, and/or services
- Who will provide each service
- Administrator responsible for ensuring the plan is implemented
- Statement that the school will notify families about an evaluation or a “significant change”
- Customarily the 504 plan is reviewed each year.
An IEP is a formal document similar to a contract. A student must meet eligibility requirements based the categories set forth in the law. The district must perform a multi-disciplanary evaluation of the student and if the assessment is improper, incomplete or otherwise does not meet the legal standard, families can request that the school district to pay for an independent educational evaluation (IEE) by an outside expert. There have to be designated meetings. The school district has to give a notice of the meeting date, invite specific individuals with knowledge of the student, review progress and lay out a program of goals, services and a placement designed to meet a child’s unique needs. The IEP must be reviewed at least annually and testing done at a minimum of every three years to chart progress. Here are some of the most important things the IEP must include:
- The child’s present levels of academic, functional and social performance
- Annual educational goals for the child and how the school will track and report progress
- The services the child will get, including special education classes, related, supplementary, and extended school year services
- Frequency and duration of services
- Accommodations, if necessary
- Modifications of the curriculum or other learning
- How and whether the child will be included in general education classes and school activities.
A 504 plan addresses a student’s disability by providing accommodations and in some instances services. If the school makes the accommodation available, its duty is fulfilled. An IEP gives a student and his/her family significantly more rights and makes the school district accountable for the services agreed to be delivered. It also provides at least yearly information on the progress made by a student. Lastly, if progress has not been made, the team must discuss and agree to additional supports or services to enable the student to move ahead.
Leejanice Toback Attorney at Law
Law Offices of Leejanice Toback @lawofficesofleejanicetoback.com
Locations in Los Angeles and Orange County
Phone 949 290-1595
Biography
My background is as a trial attorney. I began my legal career as an Assistant District Attorney in Brooklyn, New York. Thereafter, I changed focus to civil trials involving negligence and product liability. It was not until my son was having difficulties in school that I learned there was such a thing as an Educational Attorney. Just as many of the other devoted parents, I tried to soak up everything there was to know in the quest to educate my son. I took many courses at TASK and through the state. I was lucky enough to partner with Joan Honeycutt, Esq. one of the early leaders in the field of special education law. As a special education teacher, principal and college professor in reading, Joan guided me through study of reading, writing and other disabilities. She insisted that I study Jerome Sattler’s Assessment of Children until I was well qualified to understand how the selection of tests impacts the result. We went to hearing successfully on many cases combining her base of knowledge with my trial skills. Everyday, I draw upon my knowledge of the law and my understanding of special education to help my clients. I view every student as my own child and am proud to do whatever is necessary to enable them to receive a free and appropriate education.
Affiliations
Children’s Court 317e panel. I volunteer to take complex cases for foster, homeless and/or students in the juvenile justice system.
Child Nexus. An organization bringing together psychologists, therapists and educators to discuss and share resources.