A Section 504 Plan and an Individualized Education Plan (IEP) share the purpose of providing services to students with disabilities to ensure access to their education. Under the Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, students are entitled to a free and appropriate public education. Both federal laws ensure that students are not excluded from their education because of their disability.
Section 504 Eligibility
In order to qualify for a Section 504 Plan, a student must meet a two-part test of eligibility. The first prong of the test is that a student must have either a mental or physical impairment. Examples from the federal regulation of a mental or physical impairment include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list is not exhaustive.
If a student is determined to have a mental or physical impairment, the second prong must then be met for Section 504 eligibility: Does the mental or physical impairment substantially limit a major life activity? Examples of major life activities are learning, reading, writing, concentrating, walking, speaking, breathing, and caring for oneself.
If a student meets both prongs, then the school team would meet with the parents to develop a Section 504 Plan to include appropriate aids, services, and accommodations to ensure equal participation in school for the student with a disability to his or her non-disabled peers. Examples of aids, services, and accommodations could be special transportation, modified equipment, adjustments the student’s schedule, administration of medication, extended time on assignments or tests, preferential seating in the classroom, use of fidget toys, or prompting for attention to task.
Special Education Eligibility
Eligibility for an IEP is also a two part test but is much more narrow as Congress provided 13 specific educational disability categories. A student must meet the criteria for one of the 13 educational disabilities: Autism, Deaf-blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment.
If a student meets at least one of the 13 educational disabilities, then the second prong must be satisfied: does the student require specially designed instruction? In other words, does the student require different instruction than his or her non-disabled peers? Some examples of specially designed instruction are instruction in coping skills, social skills, executive functioning, reading, mathematics, written expression, and/or speech and language therapy. The IEP would also include accommodations similar to the Section 504 plan but the key difference is that the student requires different instruction than the regular education curriculum provides.
Whether a student qualifies for a Section 504 Plan or an IEP, the document must be developed by the school with the parent’s meaningful input and participation, must not be predetermined, and must be individualized.
Every student is different in the way they learn and may require different support in ensuring they are fully accessing their education despite having a disability. Our team at Cherkas Metcalfe Law is happy to discuss the next steps to take to ensure your child is receiving the support they need. We can be reached directly by phone at (484) 873-8010 or via our contact form which can be accessed here.
The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your personal situation.