Rhode Island Special Education Attorneys Answer Questions about IEPs and 504 Plans
Your disabled child may require an individualized education plan — an IEP and/or a 504 plan, depending on the nature of the disability — in order to ensure that he or she is educated in the least restricted environment.
The U.S. Department of Education defines an IEP as:
Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.
A 504 plan, specifically addresses accommodations for disabilities, derived from Section 504 of the Americans with Disabilities Act:
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
If you are the parent of a disabled or autistic child you may be concerned about: How teachers will address your child's needs in a school environment? To what extent your child will be mainstreamed and follow the same daily curriculum that other children are studying?
An IEP and/or a 504 plan will spell out what a child's daily educational routines will look like and address individual needs such as the following:
- Physical therapy services
- Speech services
- Medical, physical or psychological needs and services
You may need help determining whether your child is eligible for special services — and help ensuring that the school district provides those special services that are deemed appropriate and necessary to maximize your child's success. Clarify your goals and the plan that will help your child reach those goals. Even if your child does not meet the strict standards of eligibility for an IEP, he or she still may be entitled to assistance.
Many parents question why they should "have to hire a lawyer" to obtain what is their children's rights. Our law firm works to keep our services affordable while giving parents the support and advocacy necessary to avoid the run-around and ensure the best education for their children through public education. Even students in private schools may qualify for some benefits through public school districts, such as speech therapy.
Contact ROBINSON & CLAPHAM · Education Law Attorneys
Contact our Providence law office to schedule a consultation with an experienced special education law attorney. We are available evenings and weekends by appointment. We believe that our education law fees are very reasonable.
