IEPs, 504 PLANS, BEHAVIOR PLANS
When students have ongoing academic concerns that cannot be addressed through school –wide based interventions, the options for an IEP of 504 should be considered as that student may have an underlying disability that affects their education.
The Individuals with Disabilities Education Act has two primary purposes. The first purpose is to provide an education that meets a child's unique needs and prepares the child for further education, employment, and independent living. The second purpose is to protect the rights of both children with disabilities and their parents. This is to ensure that schools do not make unilateral decisions regarding the education of students with disabilities.
To qualify for an IEP, the student must have one of the thirteen types of disabilities listed in IDEA (Individuals with Disabilities Education Act).
The disability categories IDEA lists are:
● Traumatic Brain Injury
● Intellectual Disability
● Multiple Disabilities
● Hearing Impairment
● Visual Impairment
● Orthopedic Impairment
● Autism Spectrum Disorder
● Specific Learning Disability
● Emotional Disturbance
● Speech or Language Impairment
● Other Health Impairment (conditions that limit a student’s strength, energy, or alertness)
An IEP is written documentation that describes services the school will provide and sets specific learning goals for the student. It will important information about a student including the child’s present levels of functional and academic performance, information regarding when services start, how long they last, and how often they will occur, and modifications to what the child is expected to learn.
Students with disabilities receiving exceptional student education (ESE) services, as defined by the Individuals with Disabilities Education Act (IDEA), are protected under Section 504, but not all Section 504 students are eligible for ESE services.
If a Student does not qualify for an IEP, they may qualify for a 504 Plan. A 504 plan does not have to be a written document. It includes specific supports, services, and accommodations a student will receive. A 504’s definition of a disability is a lot broader than the one defined by IDEA. To qualify for a 504, a child must have a disability that limits one or more basic life activities, including learning, reading, communicating, and thinking.
Our experienced staff will advocate for the educational plan that is most appropriate for your child to ensure they are receiving the best supports and services to best meet their specific needs.
IF YOU OR ANYONE YOU KNOW IS IN NEED OF LEGAL HELP, CALL LEGAL ADVICE & TRIAL ASSOCIATES AT 855.4.LEGAL.HELP (855.453.4254), 407.606.6596 (CENTRAL FLORIDA) OR 954.466.7995 (SOUTH FLORIDA).