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. Sometimes, parents and guardians get confused. A 504 plan allows the school to give accommodations to students who may have a disability affecting their learning. It’s unlike an IEP because you can have any 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 can more easily 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 gives the student accommodation. Let me give you some examples of the most common accommodations.
Examples of Common Accommodations
Usually, it would be like a quiet place for the student to take an exam. So, they could go to a quiet place, have an extended period to take an exam, or maybe their exam is read aloud to them. It is just within the academic setting.
It can go further if your student needs therapy and medications, and the accommodation list is endless. Whatever your student needs to learn.
And if they have a disability hindering that, then the 504 plan is a great way to provide accommodations. It will not give your student a special education, so the type of instruction will be the same as everybody else’s general education. It is not special education services—that would be more of an IEP.
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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. 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.
Who Can Apply?| Parents or Teachers
To get a 504 plan, a parent or guardian will likely initiate the process. I always recommend giving written notice to the school that you would like your student to be evaluated for the 504 plan. Teachers can also initiate this, but it’s a little bit rare. It’s usually a parent. So, I always say put it in writing and send it to the school.
Difference Between IEP and 504 Plan Requirements
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 a specific time period they must adhere to for your student to receive the IEP. A 504 plan does not have that.
So, sometimes parents should keep reaching out, advocating for their students, and pushing for that. Once you give written notice that you would like your child to be evaluated for a 504 plan, the school must do some evaluation.
The purpose of the evaluation is to collect data to assess the student. Suppose the school already has enough data, teachers’ and parents’ observations; they’re already going to different types of therapy or medical health providers, and they’re all providing data—in that case, an additional evaluation may not be needed.
The process would be that the 504 team would decide if an additional evaluation would need to happen. Once that evaluation has taken place where they feel like there’s already enough data, they’ll determine whether 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 accommodations within the general education setting. It may mean students are receiving specific services from the school, such as therapy. Or, more commonly, it will 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 be given an extended period to take an exam. Or the teacher might read the exam out loud to that student.
Those are all standard accommodations in a 504 plan. Then once the 504 plan is in place, periodic evaluations will need to occur. The school is responsible for setting those parameters and policies.
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. I’m going to answer 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.
Depending on your state, there might also be state statutes or regulations addressing special education laws within your state. Still, this large body of law mandates that any student ages 3 to 21 with a disability receive free and appropriate public school education providing special education, including any services needed to meet those students’ individual needs. This purpose is to integrate students with disabilities into society and not 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 typical classroom setup. It can be instead of taking notes; they provide the students with an outline of test-taking. The students can have the test read to them, 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 would like a consultation with me. I would happily address all of your rights within special education services.
I was also a teacher for eight years before 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 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 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 to meet their unique needs.
Parents Can Get Involved
Parents can also get involved in this process. They can ask for services, an IEP, or request their child to be screened. They can sit in on the annual IEP meeting. Also, they can advocate for their child regarding what services the school needs to provide. Also, attorneys and special education attorneys may sit in on those meetings and 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 school’s conclusions.
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. The school must notify them, too, if they evaluate the student for an IEP or a 504 plan.
Lastly, IEPs are different from 504 plans. It’s because IEPs have specific goals and benchmarks it uses to monitor the students—if they’re reaching those.
A 504 plan simply gives accommodations to the children within that setting. And they’re not monitored. There are no goals 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. Most of the time, parents are also involved.
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 will give them accommodations within the general education setting. You can check out my other blogs, where I discuss what exactly is a 504 plan, the parts of it, and all that information.
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.
Now, a teacher or a different type of therapist inside the school setting can do the evaluation. They can look at the student’s grades and teachers’ and parents’ observations—those can give a clear picture of the student’s ability and assess their eligibility. Sometimes a medical diagnosis is important to understand the student’s needs clearly, but it’s not necessary.
504 plans are easier and faster to receive for a student than an IEP. And again, because a 504 plan is just addressing accommodation for the student, a medical diagnosis is unnecessary.
Something that also comes up is who would pay for those evaluations. And the answer is the school district will provide that for you.
If you disagree with those, you may ask for an independent education evaluation, where a party not employed by the school district may come in and do an assessment of their own. Again, all of this is an evaluation-based standard. Hence, medical diagnosis is not mandatory.
Also, with a 504 plan, you can have any medical condition or disability just if it impairs the student’s ability to learn, so they need accommodations. An IEP, however, is different. It does require an actual diagnosis within a particular category of disability for the students. Again, to reiterate, a medical diagnosis is not mandatory for students to receive a 504 plan.
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