Navigating Public Education with a Student with a Disability, Part One — IEP and 504 Plan Overview

Navigating the public education system with a child who has a disability can be a tiresome task, and students and their parents have legal rights they should be aware of while tackling this feat.

The Right to Education

The right to education was established in 1954 with the ruling in Brown v. Board of Education. In 1972, the right to due process for individuals with disabilities in education was established in P.A.R.C. v. Pennsylvania. Since then, the laws and rights regarding education and specifically education for individuals with disabilities has continued to evolve.

Individual Education Plans (IEPs) and 504 Plans

Two common resources for children with certain disabilities are Individual Education Plans (“IEPs”) and 504 Plans, which share several similarities. Both IEPs and 504 plans offer educational support and guidance to parents of students with disabilities at no cost. They are developed by a team which include school faculty/staff members, the parents, and other professionals. Parental consent is required before an evaluation can take place for either plan. Additionally, with both the IEPs and 504 plans, there are multiple ways to resolve disputes.

Although both plans share similarities,  there are key differences them, including the controlling laws, relevant qualifications of the student, who is obligated to follow the plan, and the procedural safeguards in place for each.

IEPs

A student qualifies for an IEP if they have one of the disabilities listed in the statute and, as a result of the condition, require special education and related services. 34 CFR §300.8(1). The eligible categories for IEP qualification include autism, deaf-blindness, deafness, severe emotional disturbance, hearing impairment, intellectual disability, multiple diseases, orthopedic impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment including blindness, or other health impairments giving rise to the need.

The IEP is the vehicle for providing a free appropriate public education (FAPE) to an eligible student. A legally compliant IEP is one that offers instruction “specially designed” to meet the unique needs of a child. Endrew F. v. Douglas County Sch. Dist. RE-1, 580 U.S. 386 (U.S. 2017). The IEP must be reasonably calculated to enable the child to make progress based upon their individual circumstances. Id. Additionally, all students who qualify for an IEP will also qualify for a 504 Plan.

504 PLANS

A student qualifies for a 504 Plan if they have a physical or mental impairment that substantially limits one or more major life activities. 29 U.S.C. § 794 et seq. This impairment can be a diagnosed condition, a condition that the student is on record as having, or a condition that the student is “regarded as” having. Generally, the substantial limitation requirement is met when the student experiences significant limitation of activities as compared with typical, healthy individuals. Major life activities include, but are not limited to, walking, seeing, hearing, speaking, breathing, learning, or working.

Accommodations under Section 504 must be reasonable, but a school is exempt from the reasonable modification requirement if it can demonstrate that the requested change would fundamentally alter the program or activity. See Alexander v. Choate, 469 U.S. 287, 300-01 (1985). While 504 plans should be updated annually, this is not a requirement of the law.

If you have questions or concerns about your child’s current education plan, The Law Group of Northwest Arkansas can help. Contact The Law Group of Northwest Arkansas PLLC to schedule a free, initial consultation with one of our attorneys specializing in Education Law. You can also contact us by using our online contact form or call 479-316-3760.