It is Federal
Law in the United States that students with disabilities have an equal
opportunity for a free and appropriate education (Snowman and McCown, 2015).
However, this does not mean the same thing for everyone. Disabilities vary and
not all of them will qualify an individual for Special Education. This is where
the 504 plans come into play (Understood Team, n.d.). Students with one of 13
specified disabilities or conditions which affect their ability to be taught
successfully in general education are mandated to receive Special education by
IDEA, the Individuals with Disabilities Education Act which first appeared in
1975 as the Education for all Handicapped Children Act. The 13 conditions range
from Autism, Hearing or Visual Impairment to Specific Learning disabilities, Traumatic
Brain Injury and Emotional Disturbance, amongst others. If you suffer from one
of these condition to the point it has an adverse impact on your learning, and
you need specialized instruction, you will be referred for assessment by a
school psychologist. Advancing from there, a multidisciplinary group including
a parent, general education teacher, special education teacher, school psychologist
and a district representative from Special education will determine a plan for
future education recorded as an IEP, or Individual Education Plan. Once issued with
an IEP the student may spend some time in a regular class with the teacher implementing
the IEP and some, or all, of their time with a Special Education teacher. The
IEP should be reviewed by the interdisciplinary team more often than annually (Hancock,
2016).
The
Vocational Rehabilitation Act of 1973 is a civil rights law preventing
discriminations against students with disabilities (Snowman and McCown, 2015).
Section 504 has a broader definition of disability than those covered by IDEA,
but essentially it accounts for students who need accommodations in order to benefit
from learning activities to the extent that other students in the general
education class will (understood team, n.d.). Students who have been identified
to have a disability which will impact their ability to learn in a general
education class will have a 504 plan which will list accommodations related to
the disability which help them manage (Hancock, 2016).
Both IEP’s
and 504 plans are federally mandated in order to assure students with
disabilities that they will receive the required facilities in order to get an
equitable education. In a broad sense, IEP’s are for more severe disabilities
where students require specialized instruction and may have to be apart from
the general population in order to receive the necessary instruction. The Law
requires students to be provided an appropriate education regardless of disabilities.
The 504 plan covers students from being discriminated against in an educational
sense due to disabilities which may hamper their ability while they remain in a
general population class. Students get 504 plans when they just need
alterations to allow them participate with the general student population. Both
systems are, in theory, paid for by the government and require parental permission
and participation in creation of he plans. IEP’s are again stricter in the team
who will create the plan, in how they are reviewed and augmented, and in how
issues arising from the plan are dealt with (understood team, n.d.).
It is often
said that a society can be judged on how it treats its minorities. These two
laws protect many of those who would suffer by comparison with students of
normal cognitive, psychological and emotional ability from being passed over by
a system which does not meet that where they are. As with everything, there
will be area where needs are not met, budgets run short, and mistakes are made,
but these mandates help many who carry a greater burden than I, and provide a
base from which to embrace our differences and provide everyone with a solid
education.
Thanks
References
McCown, R. & Snowman,
J. (2015). Psychology Applied to Teaching (14th ed.). Stamford, Connecticut: Cengage Learning.
The
Understood Team,(n.d.). The Difference Between IEP’s and 504 Plans. Retrieved from
Hancock, M. (2016) A Parent Guide to Special Education,
the IEP Process and School Success. Retrieved from
http://www.understandingspecialeducation.com/
Liam,
ReplyDeleteYou open this post with a very important piece of information. The definition of a free and appropriate education (FAPE) may be different for disabled students in comparison to the larger, general population of non-disabled peers. Both the IEP and 504 plan ensure individuals with disabilities receive equal access to learning through modifications, accommodations, and/or services. This could include the type of instruction or its methods and materials, and assistance in navigating the learning environment or curriculum.
In your last paragraph, I think you could also include physical abilities to your list of cognitive, psychological, and emotional abilities. As a parent of a disabled student, IEP's and 504's have been a saving grace in providing accommodations to make physical disabilities a little less problematic (i.e. an O.T. working on opening/closing lunch containers or preferential seating at the end of the cafeteria bench to ensure safely getting in and out of a seated position). Additionally, speaking from my parental point of view, IEP's include due process, an essential component in advocating for your child's rights (The Understood Team, 2014). Services cannot be "dropped" or stopped if the school and parents are in disagreement regarding the plan, until the issue(s) is resolved.
I'm sure you have had significant experience with both types of plans in your classroom. You did a good job of explaining the laws and plans.
Sorry! Forgot my reference:
DeleteThe Understood Team (Author) & Latham, P. H. (Reviewer). (2014). School and Learning: At a glance: Which laws do what. Understood for learning and attention issues. Retrieved from https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/at-a-glance-which-laws-do-what
Liam,
ReplyDeleteI like how much emphasis you place on the federal laws mandating the two plans. The law is a governed rule that guides the action of the citizens that must abide by it. By having certain laws such as these (504 section of the Rehabilitation Act and IDEA), students with disabilities are guaranteed to have proper, free education provided by public schools.
Mary