There are two legislative acts that protect a child’s educational needs; the Rehabilitation Act of 1973 and the Individuals With Disabilities Education Act, or IDEA. The Rehabilitation Act of 1973 provides educational assistance via a 504 Plan. The IDEA protects children’s education rights through the use of an Individual Education Plan (IEP).
A 504 Plan can be put into place for a child who is having difficulties accessing their education in the general education setting. This can include a need for accommodations within the classroom, or services that will help the child more effectively perform academically. A 504 plan does not need to be in writing, but the accommodations and services do need to be defined, including the names of service providers and the person responsible for implementing the plan.
An IEP is implemented for children who have been found eligible for special education services via one of the 13 categories of disability as defined by the IDEA. The identified disability must effect the child’s educational experience, hence requiring the child to receive some or all of the following; accommodations, services, specific goals and the proper setting to allow them equal access to their education as their typical peers. An IEP must be in writing and reviewed at least annually to assess the student’s overall progress.
Both an IEP and a 504 Plan require parental consent for implementation. In addition, in most states, both are reviewed annually and adjusted to meet the child’s changing needs.
If you are experiencing concerns or issues with your child’s education, please don’t hesitate to contact Southern California Law Office at. We are available to answer your questions and assist with your child’s educational needs.
Call: (858) 215-4231