If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100.

Section 504 and the Individuals with Disabilities Education Act (IDEA) are federal laws that protect children with disabilities. Both laws aim to ensure that all children receive free appropriate public education (FAPE). While some of the eligibility requirements overlap, there are key distinctions that parents should be aware of. Depending on educational impact of your child’s disability, your child may be protected under 504, IDEA, or both.

What is Section 504?

Section 504 is a federal civil rights law that protects children with disabilities who are not eligible for special education. Generally speaking, it provides a faster and more flexible process for obtaining services than IDEA. Section 504 identifies a qualified person as anyone with a physical or mental impairment that substantially limits one or more major life activities, such as learning. The law provides fewer protections than those available to a child under IDEA. For instance, Section 504 does not require a public school to provide an individualized educational program (IEP). However, if your child has a qualifying disability under Section 504, he or she may receive accommodations and modifications in school.

What is a 504 Plan?

If your child has a disability substantially limiting his or her ability to learn, but does not qualify for special education, the school must develop a Section 504 plan. This plan must include accommodations and/or modifications designed to meet your child’s educational needs. For instance, if your child has ADD/ADHD, the school may provide shorter homework assignments and extra time on tests.

What is the IDEA?

The IDEA requires schools to provide special education services and related services to eligible children. These services must aim to meet your child’s “unique needs and prepare [him or her] for further education, employment, and independent living.” If you or the school suspect that your child may have a disability, a team of trained individuals must conduct a non-discriminatory evaluation. Using sound materials and procedures, the team must focus on planning your child’s education and instruction. Under IDEA, the school must determine your child’s eligibility for special education services in a timely manner.

What is an IEP?

Once your child’s school determines that your child is eligible for special education services, it will form a Placement and Planning Team (PPT). The PPT must develop an IEP, which is a service plan designed to meet your child’s needs. As a member of your child’s PPT, you will influence and help develop your child’s IEP. The PPT must consider your child’s strengths, your concerns, your child’s needs, and evaluation results.

If you have concerns about your child’s eligibility for services under Section 504 and/or IDEA, consult with contact the experienced education law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge your child needs at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.