My Child Doesn’t Qualify for an IEP
Does That Mean She Needs a 504 Plan?
Your child deserves a quality education, one that will enrich her life and open doors for the future. This means creating a learning environment that is nurturing and respectful of her unique needs. If your child does not qualify for an IEP (Individualized Education Program), a 504 Plan may be the answer. Required by the Americans with Disabilities Act (ADA), “Section 504 of the Rehabilitation Act of 1973 is the first civil rights law guaranteeing equal opportunity for more than 35 million Americans with disabilities.”
The 504 Plan is not federally funded like the IEP, so it doesn’t have the “legal teeth” that an IEP does. But it does give you some legal rights.
In order for your child to qualify for a 504 Plan, her learning or physical disability cannot interfere with her education. If it does, then she needs an IEP. But if she is considered “not IEP qualified,” and you feel she needs daily support, then she may qualify for the 504 Plan.
The 504 Plan simply outlines what steps your child’s teacher can take to help her learn in the classroom alongside other students. However, the accommodations will be simpler than those in an IEP. For example, your child may need to sit in the front of the room to see better, or she may need to sit by the door for easier access to outside the classroom.
Such accommodations would not interfere with your child’s learning but would make her day easier, more productive, and less stressful.
How is a 504 Plan Different from an IEP?
While the 504 Plan is a civil rights law, it provides less legal protection to your child than does an IEP (IEPs fall under federal education law). With the 504, schools are not required to report progress, adhere to specific goals, or provide specialized instruction to disabled students.
However, a 504 Plan is better than having no plan at all.
If your child does not qualify for an IEP, consider contacting someone within your district to discuss putting a 504 Plan in place. If this is not possible, you may also request that your child be considered for inclusion in an Other Health Impaired (OHI) program. OHI plans are, in large part, a last resort for parents who feel their children require special ed assistance but whose children do not qualify for an IEP or 504 Plan.
Your Child Has a Right to a Quality Education
If you feel your child is being denied the educational environment she requires to succeed in school, you need expert advice. Don’t take “no” for an answer before talking with us. We can help you learn more about your rights as a parent, your child’s rights as a student, and how you can become her best advocate.
Contact 4MyChild today and help your child get the education she deserves.
