If you are a middle or high school student with an IEP or 504 plan, the purpose of this article is to provide some clarity and information about the protections you have under federal law.
In the U.S. in grades K-12, if you have an IEP or 504 plan you are protected under a combination of the following federal laws:
- Individuals with Disabilities Education Act (IDEA) 1975
- Section 504 of the Rehabilitation Act 1973
- Americans with Disabilities Act (ADA) 1990
IDEA
The IDEA applies if you are between the ages of 0-21, or until you graduate high school, and only to institutions that receive federal funding, meaning this law does not apply to college or private schools.
Your IEP Plan is protected under IDEA. An IEP or Individualized Education Plan is a legally binding document that outlines accommodations, goals, and specially designed instruction (SDI).
The IDEA guarantees a right to a Free and Appropriate Public Education meaning that the school must provide you with a fair education, tailored to your needs, at no cost to you.
504
Section 504 applies to public and private schools from grades K-12 that receive federal funding.
This law applies to anyone with a disability. Someone with a disability is defined under ADA as anyone who has or is perceived to have a physical or mental impairment that substantially limits one or more major life activities. Where major life activities are things like breathing, seeing, hearing, learning, walking etc. Note: The law says has OR is perceived to have.
A 504 plan is a written plan that lays out civil protections and academic accommodations. The difference between an IEP and a 504 plan is that a 504 plan does not include SDI. So, for example, if someone has trouble focusing, they would likely get a 504 plan that gives them extra time. But, if someone needs SDI, say to learn how to read braille, they would receive an IEP plan.
The goal of the 504 is to ensure that people with disabilities have equal access to education.
ADA
The ADA applies to most public spaces. It covers things like wheelchair ramps and braille in elevators. In an educational context this means that it applies to public and private schools, and regardless of federal funding.
The ADA applies to anyone with a disability, and uses the same definition as 504.
The ADA is responsible for the wheelchair ramps, automatic doors, and accessible bathrooms and elevators at your school.
It is important to understand these different laws and how you are protected by them. These laws give you the right to a fair education, and nobody can take that away from you. You are entitled to your accommodations, and you cannot be denied them for any reason.