Is a Medical Diagnosis Required for an Arizona 504 Plan?

Is a medical diagnosis required for a child to receive a 504 plan in Arizona? The answer is no, not necessarily. A 504 plan can be initiated mainly by a parent or guardian, or teacher if they feel like this student may have a disability that affects their ability to learn. The 504 plan is going to give them accommodations within the general education setting. And you can check out my other blogs where I discuss what exactly is a 504 plan, the parts of it, all that information. 

Is Medical Diagnosis Needed?

But again, we’re talking about: do you need a medical diagnosis for a student to receive a 504 plan? And the answer is no, not necessarily. However, an evaluation is a requirement.

Evaluation Section

Now, evaluation can be done by a teacher or a different type of therapist inside the school setting. It can look at the student’s grades, teachers’ observations, and parents’ observations. All of those can give a clear picture of the student’s ability and assess whether they’re eligible or not. Sometimes a medical diagnosis is important to take a clear picture of the student’s needs, but it’s not necessary.

504 plans are generally a little bit easier and faster to receive for a student than an IEP. And again, because a 504 plan is just addressing accommodation for the student. So, no, a medical diagnosis is not necessary. Something that also comes up is who would pay for those evaluations. And the answer is the school district will provide that for you.

Independent Education Evaluation

If you disagree with those, you may be able to ask for an independent education evaluation, where a party that’s not employed by the school district may come in and do an evaluation of their own. And again, all of this is an evaluation-based standard. So, medical diagnosis is not mandatory. Also, with a 504 plan, you can really have any sort of medical condition or disability just if it impairs the student’s ability to learn, so they need accommodations. An IEP, however, is different and that does require an actual diagnosis within a certain category of disability for the students. Again, just to reiterate, a medical diagnosis is not mandatory for students to receive a 504 plan.

Other Blogs of Interest

• When is a Parent Entitled to an Arizona Individual Educational Evaluation?
• Arizona Teacher Certificate Discipline Options | Education Disciplinary Action

What is a 504 Plan in Arizona?

What is a 504 plan in Arizona? A 504 plan is codified in federal statutes within the Rehabilitation Act, specifically section 504 which addresses civil rights and non-discrimination against people with disabilities. And so, the 504 plan protects people who have a disability that affects their ability to learn. 

Difference Between IEP and 504 Plan

A 504 plan is very similar to an IEP, and sometimes parents and guardians get confused. So, a 504 plan just simply allows the school to give accommodations to a student who may have a disability that affects their ability to learn. It’s unlike an IEP in the fact that you can have any sort of disability. In IEP, there are specific categories that you would have to qualify for.

Students Qualify for 504 Plan

In a 504 plan, your student is potentially more easily able to qualify for it. A 504 plan also outlines accommodations for the student. It’s not special education, so that is a misconception there. That’s more of an IEP. A 504 plan just simply gives the student accommodation. Let me give you some examples of the most common accommodations.

Examples of Common Accommodations

Normally, it would be like a quiet place for the student to take an exam. So, maybe they could go to a separate place that’s quiet, maybe they have an extended period to take an exam, or maybe their exam is read out loud to them. And this is just within the academic setting. It can go further if there’s any type of therapy that needs to be provided for that student, medications, and the accommodation list is endless. Just whatever your student needs to learn.

And if they’re having a disability that’s hindering that, then the 504 plan is a great way to provide accommodations. It is not going to give your student special education, so the type of instruction is going to be the same as everybody else’s general education. This is not special education services, that would be more of an IEP. 504 plans, like I said, are generally easy to obtain. If a parent wants that or a guardian, it’s best to have it in writing, requesting the school for the student to have an evaluation, or if they currently already have a medical diagnosis, you can use that and that can start the process. So, a 504 plan is a much faster process than an IEP.

How Do I Get a 504 in Arizona?

How does one get a 504 plan for their student in Arizona? A 504 plan is different from an IEP. And one major difference is how you go about getting a 504 plan. So, a 504 plan is for students K-12 and even in some public university settings as well. 

Who Can Apply?: Parents or Teachers

To get a 504 plan, a parent or guardian is likely the person to initiate the process. I always recommend, with a 504-plan giving written notice to the school that you would like for your student to be evaluated for a 504 plan. Teachers can also initiate this but it’s a little bit rare, it’s normally a parent. So, I always just say, put it in writing, and send it to the school. 

Difference Between IEP and 504 Plan Requirements

Now, a 504 plan does not have the same time requirements as an IEP. You can check out my blog on how to get an IEP for your child. But once the parent initiates the process for an IEP, the clock starts ticking, and the school has specific time periods that they must adhere to for your student to receive the IEP. A 504 plan does not have that. So, sometimes parents really must keep reaching out, advocating for their students, and pushing for that. Now, once you give written notice that you like for your child to be evaluated for a 504 plan, the school must do some type of evaluation.

Student Evaluation

Now, the purpose of the evaluation is to collect data to assess the student. If the school already has enough data, teacher’s observation, parent observation, if they’re already going to different types of therapy or medical health providers, and they’re all providing data, an additional evaluation may not be needed. So, that process would be, that the 504 team would decide if an additional evaluation would need to happen. And once that evaluation has taken place where they feel like there’s already enough data, then they’ll decide if the student is eligible for a 504 plan. Again, a 504 plan is different from an IEP. In an IEP, you need a specific category of disabilities to qualify. For a 504 plan, that’s not the case.

Who Can Qualify?

The standard is that the student must be physically or mentally impaired, substantially that it limits major life activities. So, if that’s the standard that they’re looking at, it can be physical, it can be mental, but it must substantially impair them. If that is found, then the 504 plan will be written. And it will address accommodation for the students. 

Accommodations for 504 Plan Students

It’s typically going to look like some sort of accommodations within the general education setting. This may mean students receiving specific services from the school such as therapy, or more commonly, it’s going to be like exams and instruction. So, a student may be able to leave the classroom and go to a quiet area to take an exam or they’re given an extended period to take an exam, or the exam might be read out loud to that student.

Those are all common accommodations in a 504 plan. And then once the 504 plan is in place, periodically, evaluations will need to take place. And the school is responsible for setting those parameters and policies. So, again, just to summarize, for a student to get a 504 plan, the parent or guardian can initiate the process. They’ll have an evaluation to determine if they’re eligible, they’ll write the plan with the accommodations, and then a periodic review or evaluation will happen.

What is Special Education Law in Arizona?

Hi, I’m attorney Renee Osipov with Chelle Law in Scottsdale, Arizona. And today, I’m answering the question: what is special education law? Special education law originates in the United States constitution. There are also Supreme Court case laws and federal statutes. Such as section 504 of the Rehabilitation Act and Individuals with Disabilities Education Act. And depending on your state, there might also be state statutes or regulations addressing special education and laws within your state. Still, this large body of law mandates that any student ages 3 to 21 with a disability are provided free and appropriate public school education providing special education. Including any services needed to meet those students’ individual needs. The purpose of this is to integrate students with disabilities into society and not to segregate them in any way. 

Benefits of Special Education Services in Arizona

At the district level, this typically looks like students can be screened or tested for certain learning disabilities. A physician may already have diagnosed them with a disability. And then, within the school district, they’re provided special education or services related to their unique needs. These can be instructions in the classroom like a normal classroom. It can be, instead of taking notes, they provide the students with an outline of test-taking. They can have the test read to them or have extended time or take it in a quiet area. They can have students pulled out for services such as occupational therapy. 

Different Education Plans

They may address special discipline concerns within an IEP or a 504 education plan. So, this can get a little bit overwhelming. There are a lot of laws out there. There are IEPs, and there are 504s. What’s the difference? It can get a little confusing and overwhelming for parents. Suppose you live in the Phoenix or Scottsdale area and you would like a consultation with me. I am happy to address all of your rights within special education services. I was also a teacher for eight years prior to becoming an attorney. So, I am well versed in special education services and what this looks like at the district level of each school.

What is an IEP in Arizona?

What is an IEP in Arizona? An IEP stands for Individualized Education Plan. Students to be eligible to receive an IEP must attend public school or charter schools. A federal law known as the Individuals with Disabilities Education Act covers IEPs. 

How is IEP Started?

The process of getting an IEP in Arizona starts with either the parents of the student or the school district themselves. They may require or request that the student be screened or tested. After that testing process, there’s a clear picture of the student’s strengths and challenges. Once they have gathered that information, creating an IEP begins. An Individualized Education Plan is a legally binding document that finds all parties to the terms of the agreement. IEP addresses any programs, services, or support needed for that student or to meet any of their unique needs.

Parents Can Get Involved

Parents can also get involved in this process. They can ask for services or an IEP, or they can ask to have their child screened. They can sit in on the annual IEP meeting. Also, they can advocate for their child regarding what services need to be provided. Also, attorneys and special education attorneys may sit in on those meetings and can advocate for parents and their children. Call us and set up a consultation, especially if you are in the Phoenix or Scottsdale area.

We are happy to set up a consultation with you here at Chelle Law. We will explain your rights to not only parents but also children. And then also explain the whole Individualized Education Plan process. If you also disagree with the school district’s findings or the programs they have put in place. You also have rights underneath federal law to fight the findings from the school.

What is the difference between an IEP and a 504 Plan in Arizona?

What’s the difference between an IEP and a 504 plan? First, they come from different federal statutes. The individualized Education Plan comes from the Individuals with Disabilities Education Act. And the 504 education plans come from section 504 of the rehabilitation act. 

A 504 plan focuses more on accommodations. Students who qualify for a 504 education plan can have any disability that interferes with their ability to learn within the classroom. 504 plans are valid not only during K-12 education but also in college education settings. Parents are also involved less in a 504 or plan legally. However, most schools do include parents in the 504 processes. 

IEP and 13 Disabilities Listed in the IDEA Act

In the Individualized Education Plan (IEP), however, to qualify, a student must have one of 13 disabilities listed in the IDEA act. If they don’t have one of those disabilities, unfortunately, they do not qualify for an individualized education program. An IEP addresses accommodations and specific services such as special education that the child may need during their education process. And parents are more involved in an IEP. Parents are also required to attend annual meetings. They must be notified too if students are evaluated for an IEP or a 504 plan. 

Lastly, IEPs are different from 504 plans. It is because IEPs have specific goals and benchmarks that students are monitored if they’re reaching those. A 504 plan just simply gives accommodations to the children within that setting. And they’re not monitored. There are no goals that they must be hitting. Both create legally binding education plans. And both creations of an Individualized Education Plan and a 504 have multiple team members and staff at the school. As I said, most of the time, parents are involved.