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Frequently Asked Questions About Students with Disabilities (Special Education & Section 504)

What is the difference between Special Education and Section 504?

Both Special Education and Section 504 ensure students with disabilities have equal access to education. However, they differ in key aspects:

  • IDEA (Individuals with Disabilities Education Act): Governs Special Education. It guarantees a Free Appropriate Public Education (FAPE) through an Individualized Education Program (IEP) tailored to a student’s specific needs. IEPs may include specialized instruction, related services (therapy, counseling), and accommodations.
  • Section 504 of the Rehabilitation Act: A civil rights law prohibiting discrimination based on disability. It requires schools to provide reasonable accommodations so students with disabilities can participate equally in educational programs. These may include extended time on tests, preferential seating, or use of assistive technology.
How is a child identified for Special Education?

A multi-disciplinary team evaluates a child suspected of needing special education. This may involve parents, teachers, psychologists, and other specialists. Formal evaluations are conducted to determine eligibility under a specific disability category outlined in IDEA. Parents are involved throughout the process and have the right to request an evaluation.

What is an Individualized Education Program (IEP)?

An IEP is a legal document that outlines a student’s specific needs, goals, and services required for FAPE. The IEP team, including parents and educators, collaboratively develops the IEP. It details:

  • Present levels of academic achievement
  • Measurable annual goals
  • Special education and related services
  • Accommodations and modifications
  • How progress will be measured
  • Least Restrictive Environment (LRE) placement
What is the Least Restrictive Environment (LRE)?
LRE is a core principle of IDEA, ensuring students with disabilities are educated with non-disabled peers to the maximum extent possible. Special education services should be provided in the general education classroom with supplemental supports when needed.
What are my rights as a parent of a child with a disability?

Parents have extensive rights under IDEA, including:

  • Participating in their child’s evaluation and IEP development
  • Requesting specific services and placements
  • Disagreeing with decisions and requesting mediation or due process
  • Accessing independent evaluations
What is a 504 Plan?
A 504 Plan outlines accommodations a student with a disability needs to access educational programs and activities. It is less comprehensive than an IEP and focuses on reasonable modifications to ensure equal opportunity.
How do I request a 504 Plan for my child?

Schools have a process for requesting a 504 evaluation. Parents typically contact a school administrator or their child’s teacher to start the process. Documentation of the disability may be required.

Who pays for services under IDEA and Section 504?
Schools are responsible for providing FAPE under IDEA, which may include special education and related services. Section 504 accommodations are typically provided with existing school resources.
What resources are available to support students with disabilities?

Many resources are available, including:

  • Special Education Teachers
  • Related Service Providers (therapists, counselors)
  • General Education Teachers with support training
  • Technology and Assistive Devices
  • Parent Support Groups
  • Disability Rights Organizations
How can I learn more about Special Education and Section 504?

Several resources offer information and support:

  • Your child’s school
  • Local Parent Training and Information Centers (PTIs)
  • State Education Department’s Special Education Office
  • National Disability Rights Network
These articles are for general informational purposes only and are not legal advice. Contact us today to discuss your specific situation.