IEPs and 504 Plans. |
If your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) or a 504 Plan under Section 504 of the Rehabilitation Act of 1973, or your child qualifies for an IEP or 504 Plan but the school district has denied one, your child has the right to a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), which includes the services and supports needed to access their education.
The IDEA was passed to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. If your child has a disability that falls within one of the thirteen identified categories of the IDEA and that disability is affecting their ability to access their education, then they should qualify for an IEP. The IDEA contains numerous procedural safeguards to protect the rights of children and their parents, including a dispute resolution process that can lead to a Due Process Hearing.
Section 504 of the Rehabilitation Act of 1973 prevents discrimination against any individual who has a physical or mental impairment which substantially limits one or more major life activities, which includes learning. Section 504 ensures that a child with a disability will have equal access to their education. If your child qualifies under Section 504, school district personnel must draft a 504 Plan which identifies the accommodations, and sometimes services, your child needs to access their education as well as their non-disabled peers. Section 504 contains protections for parent and student rights, though fewer than the IDEA.
School districts have an affirmative duty to identify and assess children that may qualify for an IEP or 504 Plan.
Fill out the Contact Form or call (760) 707-3144 to schedule a free consultation to discuss whether a special education attorney can help with your particular situation.
The IDEA was passed to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. If your child has a disability that falls within one of the thirteen identified categories of the IDEA and that disability is affecting their ability to access their education, then they should qualify for an IEP. The IDEA contains numerous procedural safeguards to protect the rights of children and their parents, including a dispute resolution process that can lead to a Due Process Hearing.
Section 504 of the Rehabilitation Act of 1973 prevents discrimination against any individual who has a physical or mental impairment which substantially limits one or more major life activities, which includes learning. Section 504 ensures that a child with a disability will have equal access to their education. If your child qualifies under Section 504, school district personnel must draft a 504 Plan which identifies the accommodations, and sometimes services, your child needs to access their education as well as their non-disabled peers. Section 504 contains protections for parent and student rights, though fewer than the IDEA.
School districts have an affirmative duty to identify and assess children that may qualify for an IEP or 504 Plan.
- If you believe your child should have an IEP or 504 Plan and the district has not assessed your child, has denied your request, or found your child ineligible a special education attorney may be able to help.
- If your child has an IEP or 504 Plan and you disagree with their placement, services or accommodations, a special education attorney may be able to help.
- If the school district provided Prior Written Notice (PWN) denying your request for changes to services, placement or other parts of the IEP, a special education attorney may be able to help.
- If the school district is not providing the services listed on your child's IEP, your child is not meeting their IEP goals, your child is failing or the school district is not updating you on your child's progress, a special education attorney may be able to help.
- If your child has been suspended or sent home repeatedly for behavior issues, a special education attorney may be able to help.
- If the school district denied your request for Independent Educational Evaluations (IEEs), a special education attorney may be able to help.
- If the school district has scheduled a Manifestation Determination Meeting, Alternative Dispute Resolution (ADR) or filed a Due Process complaint against you, you should contact a special education attorney to see if they can assist you prior to attending any meetings.
Fill out the Contact Form or call (760) 707-3144 to schedule a free consultation to discuss whether a special education attorney can help with your particular situation.