Helping disabled students and their parents receive appropriate educational access and supports, including IEPs and 504 plans
We have significant expertise in special education law in both Michigan and Ohio, and we are available to consult with you or represent you regarding any issues you may be having regarding your child's educational services, whether that means getting them appropriately evaluated, ensuring that the school is implementing the appropriate supports and services for your child, attending IEP or other school meetings, mediating with the school, or filing a state complaint or request for due process hearing to protect your child's rights.
What does the school have to do for my child if they have a disability?
A child with a disability is entitled to “FAPE:"
FAPE does not mean that your child is entitled to the best education money can buy. It only requires that your child receive an education that is "appropriate." “...IDEA does not require states to develop IEPs that ‘maximize the potential of handicapped children.’” Bd. of Educ. v. Rowley, 458 U. S. 176 (1982). “...because public resources are not infinite, federal law does not secure the best education money can buy; it calls upon government, more modestly, to provide an appropriate education for each disabled child.” Walczak v. Florida Union Free School District, 142 F.3d 119 (2d Cir. 2001).
How does the law define "disability" for students?
It depends on whether your child is identified as disabled under Section 504 of the Rehabilitation Act of 1973 or under the Individuals with Disabilities Education Improvement Act (IDEA or IDEIA).
Section 504 provides services and accommodations if a child has a physical or mental impairment that substantially limits a major life activity and interferes with the child’s ability to learn. The document that describes those services is called a “504 Plan.” There is no specific list of qualifying conditions. Examples of conditions that may lead to Section 504 eligibility include: ADD/ADHD, diabetes, asthma, muscular dystrophy, allergies, etc.
Under the IDEA, a child is considered disabled if they are diagnosed with any of the following conditions:
What is an IEP?
An IEP is a detailed description of the instruction and services to be provided to a student with a disability. The IEP describes the specific special education services that a child will receive. An IEP should be customized to the individual child and his or her educational needs. The IEP includes:
What is a 504 plan?
A 504 Plan modifies a student's regular education program in a regular classroom setting to meet their needs based on their disability.
What is the difference between an IEP and a 504 plan?
IEPs are more appropriate for students who need specialized instruction, such as extra time on tests, individualized educational programming, extended school year services, a behavior intervention plan, etc. They are not applicable to private schools.
504 plans are more appropriate for students who have accessibility needs, such as assistance using the bathroom or eating, a need for speech therapy or audiology services, dietary restrictions, accommodations for a wheelchair, etc. They are applicable to all schools, including private schools.
What should I do if I suspect that my child may have a disability that is impacting their education?
You can request that the school evaluate your child for special education services. It is important to do this in writing and keep a copy of the request for yourself.
If you would like your child evaluated for an IEP, specify that you believe your child needs specialized educational instruction. In addition, while it is not required, it can be helpful to identify your child's suspected disability category or categories if you can.
What if the school is not following my child's IEP or 504 plan?
This is a good time to consult with a knowledgeable special education attorney or advocate to help you assess your options. You may want to consider filing a state complaint or request for due process hearing, depending on the specific facts of your situation.
What if the school is isolating my child or sending them home regularly?
Under the IDEA, children with disabilities have the right to be educated in the "least restrictive environment." Under the law, an IEP team must consider providing services to a student in the same setting as students without disabilities for academic, non-academic, and extracurricular activities. A student with disabilities can be removed from the general education classroom setting only if their needs are so severe or disruptive that they cannot make educational progress, even with extra support and services in the general education classroom.
Should I communicate with the school verbally or in writing?
It's a good idea to put as much as possible in writing, especially any requests for evaluations or services. Documentary evidence is critical if you need to file a state complaint or request for due process hearing. Use email or letters as much as possible and keep copies for yourself. If anything happens in person or over the phone, send a follow-up email documenting and confirming the conversation and asking the district to respond if there is any disagreement.
What does the school have to do for my child if they have a disability?
A child with a disability is entitled to “FAPE:"
- F – Free
- A – Appropriate
- P – Public
- E – Education and Related Services
FAPE does not mean that your child is entitled to the best education money can buy. It only requires that your child receive an education that is "appropriate." “...IDEA does not require states to develop IEPs that ‘maximize the potential of handicapped children.’” Bd. of Educ. v. Rowley, 458 U. S. 176 (1982). “...because public resources are not infinite, federal law does not secure the best education money can buy; it calls upon government, more modestly, to provide an appropriate education for each disabled child.” Walczak v. Florida Union Free School District, 142 F.3d 119 (2d Cir. 2001).
How does the law define "disability" for students?
It depends on whether your child is identified as disabled under Section 504 of the Rehabilitation Act of 1973 or under the Individuals with Disabilities Education Improvement Act (IDEA or IDEIA).
Section 504 provides services and accommodations if a child has a physical or mental impairment that substantially limits a major life activity and interferes with the child’s ability to learn. The document that describes those services is called a “504 Plan.” There is no specific list of qualifying conditions. Examples of conditions that may lead to Section 504 eligibility include: ADD/ADHD, diabetes, asthma, muscular dystrophy, allergies, etc.
Under the IDEA, a child is considered disabled if they are diagnosed with any of the following conditions:
- Autism spectrum disorder
- Deafness
- Deaf-blindness (both hearing and visual impairments)
- Developmental delays
- Emotional disturbance
- Hearing impairment (a hearing loss not covered by the definition of deafness)
- Intellectual disability
- Multiple disabilities (more than one condition covered by IDEA)
- Orthopedic impairment (any impairment to a child’s body, regardless of cause)
- Other health impairment/OHI (conditions that limit a child’s strength, vitality, or alertness)
- Specific learning disability/SLD (difficulty with listening, thinking, reading, writing, spelling, or doing math)
- Speech or language impairment
- Traumatic brain injury (acquired injury to the brain caused by an external physical forces
- Visual impairment (including blindness)
What is an IEP?
An IEP is a detailed description of the instruction and services to be provided to a student with a disability. The IEP describes the specific special education services that a child will receive. An IEP should be customized to the individual child and his or her educational needs. The IEP includes:
- Descriptions of all the services a child will receive in the general education classroom and in a special education setting, including “related services” the student will receive such as speech and language therapy, transportation, physical therapy, occupational therapy, or counseling
- Annual educational goals and a statement of how the student is doing (“present levels”)
- A statement of how a child’s progress will be measured and how often reports on the child’s progress will be provided
- Accommodations the student requires to take state or district mandated tests Post-secondary goals and transition services for students age 16 and older
What is a 504 plan?
A 504 Plan modifies a student's regular education program in a regular classroom setting to meet their needs based on their disability.
What is the difference between an IEP and a 504 plan?
IEPs are more appropriate for students who need specialized instruction, such as extra time on tests, individualized educational programming, extended school year services, a behavior intervention plan, etc. They are not applicable to private schools.
504 plans are more appropriate for students who have accessibility needs, such as assistance using the bathroom or eating, a need for speech therapy or audiology services, dietary restrictions, accommodations for a wheelchair, etc. They are applicable to all schools, including private schools.
What should I do if I suspect that my child may have a disability that is impacting their education?
You can request that the school evaluate your child for special education services. It is important to do this in writing and keep a copy of the request for yourself.
If you would like your child evaluated for an IEP, specify that you believe your child needs specialized educational instruction. In addition, while it is not required, it can be helpful to identify your child's suspected disability category or categories if you can.
What if the school is not following my child's IEP or 504 plan?
This is a good time to consult with a knowledgeable special education attorney or advocate to help you assess your options. You may want to consider filing a state complaint or request for due process hearing, depending on the specific facts of your situation.
What if the school is isolating my child or sending them home regularly?
Under the IDEA, children with disabilities have the right to be educated in the "least restrictive environment." Under the law, an IEP team must consider providing services to a student in the same setting as students without disabilities for academic, non-academic, and extracurricular activities. A student with disabilities can be removed from the general education classroom setting only if their needs are so severe or disruptive that they cannot make educational progress, even with extra support and services in the general education classroom.
Should I communicate with the school verbally or in writing?
It's a good idea to put as much as possible in writing, especially any requests for evaluations or services. Documentary evidence is critical if you need to file a state complaint or request for due process hearing. Use email or letters as much as possible and keep copies for yourself. If anything happens in person or over the phone, send a follow-up email documenting and confirming the conversation and asking the district to respond if there is any disagreement.
