It can be related to school work, such as a problem with executive functioning, to participating in a school activity, such as a severe allergy, or to the need for physical accommodations. In the context of school, this life activity can include tasks such as learning, communicating, and thinking. Second, your child’s disability must substantially limit a major life activity. There are many more disabilities that fall under Section 504 of the Rehabilitation Act, so the categories are not nearly as limited as those listed in the IDEA. First, your child needs to have a disability. To be eligible for a 504 Plan, your child needs to meet two separate criteria. One of the benefits of having an IEP is how clearly the law spells out procedures related to evaluating the student, the creation and regular amendment of the IEP, and the protections provided to families throughout the process, including appealing decisions made by the IEP team.Ī 504 Plan typically includes accommodations (and sometimes services) your child needs to learn in the general education setting with their peers, and is provided without additional charge to your family. If your child is not found eligible for an IEP and you suspect that they are eligible, you have the right to appeal. If both of these criteria are met, the student will be eligible to receive an IEP and special education services under the IDEA. The IEP team (which includes you!) must also find that the student’s disability negatively affects their performance in school in order to find the student eligible for an IEP. It is not enough for your child to have a disability as defined by the IDEA. IEPs are available only to students who have disabilities that fall under the thirteen categories listed in the law. When your child reaches a certain age, it also will include a plan for transitioning out of the public school system. IEPs usually include special services, such as reading or math intervention, direct instruction from a special educator, services like speech or other therapies, and also accommodations, such as extra time, as well as specialized placements in special education specific settings. It is based on an analysis of your child’s academic performance and behavior and is meant to provide the support they need to progress academically. Yet, the laws are different and so are their guarantees.Īn IEP is an individualized program of education designed to provide supports and services to your child’s individual needs. A child who is found eligible under either the IDEA or Section 504 will receive services and/or accommodations specifically tailored for them to make progress in school. Under the IDEA, these services and accommodations are included in an Individualized Education Program (IEP), and under the Rehabilitation Act of 1973, they are included in a Section 504 Plan. FAPE is guaranteed under both the Individuals with Disabilities and Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. Remember, we’re always here to help!įederal law guarantees students with disabilities a Free and Appropriate Education (FAPE). It is important to know the difference, so you can evaluate whether school is appropriately and effectively meeting your child’s needs. The difference between these documents can be mysterious to parents. Students with both IEPs and 504 Plans have documents from their schools describing their special needs and how the school will meet them. In short, an IEP provides many more procedural protections, and often– but not always– more “direct services” than a 504 plan, but of course that is a highly simplified explanation. The difference between an IEP and a 504 plan is complicated, like most things in special education law.
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