Navigating Public Education with a Student with a Disability (Pt. 2): IEP and 504 Plan Establishment

This blog is the second part to an Education Law series on navigating public education with a student with a disability published by The Law Group of Northwest Arkansas.  Part one of the series provides an overview of the IEP and 504 plans.

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

Establishing an Effective Individual Education Plan

Individual Education Plans (IEPs) are valuable tools for ensuring a student is being provided a free and appropriate public education. IEPs are intended to be specially designed to meet the unique needs of the individual student. There are many proactive steps that the school faculty / staff member, parents, or other professionals can take to ensure an IEP is designed effectively for the individual student.  These people should act as a “team” for the student’s needs.

The first step is to determine if the student qualifies for special education services. Pursuant to the Individuals with Disabilities Education Act (IDEA), qualified disabilities in a child include intellectual disability, hearing impairment, speech or language impairment, visual impairment, serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, or any other health impairment that requires special education services for a child. If you recognize a qualified condition in the student, or the student is diagnosed with a qualified condition, with parent/guardian consent, the student will be evaluated to determine if special education services are necessary. If the student requires services that go beyond the related state standards, the student may qualify for special education with specially designed instruction, at no cost to the parents, to meet the unique needs of the student.

In developing the IEP, the team should identify appropriate supports and adjustments to the curriculum and classroom environment to better facilitate the student’s learning. Specifically, the team should evaluate (1) the strengths of the student; (2) the concerns of the parents and teachers for enhancing the education of the student; (3) the results of the evaluations/screening conducted on the student; and (4) the academic, developmental, and functional needs of the student. Involving the student in this process, where age and ability allow, is fundamental for implementing their personalized needs.

The main purpose of the IEP should be to set SMART (specific, measurable, achievable, relevant, and time-bound) goals for the student: this will allow for the regular collection of data to track student progress and the effectiveness of the IEP. Be prepared to review and update the IEP frequently as the needs of the student and the effectiveness of the plan change. Goals that are specific to the student and their direction of behavior, area of need, and level of attainment are most effective. In particular, for older students, ensure that these plans account for post-graduation education, employment, and independent living. Maintaining open communication and collaboration of all relevant parties, including school faculty/staff members, parents, and other professionals, along with the student (depending on age and ability) is crucial for the success and effectiveness of an IEP.

Establishing an Effective 504 Plan

While IEPs and 504 Plans are very similar—both effective tools for enhancing education for a student with disabilities—they differ slightly in their qualifications, content, and the students bound to follow the plan. Generally, a 504 Plan is much broader, has less qualification requirements, and covers areas of life beyond school for the student.

Pursuant to the Rehabilitation Act, Section 504, individuals with a disability may not be discriminated against, excluded from participation, or denied benefits by any program or activity receiving federal financial assistance solely on the basis of their disability. To qualify for a 504 plan, a student must have a physical or mental impairment that substantially limits one or more major life activity or major bodily function: having been diagnosed or regarded as having such an impairment is sufficient. That said, while qualifications for an IEP require that a student have both a disability and a need for special education or services, qualifications for a 504 plan only require that a student have a disability, as defined above. 504 Plans are more accessible to families seeking accommodations in school for a student with disabilities.

After establishing qualification, the student will be evaluated for purposes of developing a 504 Plan and identifying their individual needs. Again, collaboration of all relevant parties is crucial during this process for the success and effectiveness of the established plan. The purpose of a 504 Plan is broader than an IEP: while IEPs may include changes to a student’s curriculum, 504 Plans do not include such changes, rather they focus on providing necessary accommodations and removing barriers for a student to better learn. These accommodations may include providing extra testing time, changing seats in class, changing testing locations, and more. During the evaluation process, and thereafter, it is crucial for all relevant parties, including school faculty/staff members, parents, and other professionals, along with the student, to communicate regarding perceived barriers for the student and necessary accommodations. Parents and guardians should particularly focus on reevaluating their student’s 504 Plan after a major change occurs, such as entering a new class, being assigned a new teacher, enrolling in a new school, or other such changes. Depending on the student’s condition, such changes may require modifications to the plan.

As noted above, the provisions under Section 504 of the Rehabilitation Act apply to all programs or activities that receive federal funding. This means that 504 Plan accommodations are applicable to a student beyond a school setting. Certain employers or out-of-school activities may be obligated to comply with the accommodations needed by a student. Parents and guardians should be mindful of this, in particular as their student gets older and participates in more activities. Further, modifications should be made to the plan as needed for any change of circumstances in the student’s life.

If you have questions or concerns about your student’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 Education Law attorneys. You can also contact us by using our online contact form or call 479-316-3760.