Education Rights
Disability Law Center is a non-profit civil rights organization dedicated to enforcing and strengthening the laws that protect the opportunities, choices and legal rights of Utahns with disabilities. This includes rights in K-12 public schools. Some children with disabilities require extra assistance at school. As a parent, you have the right to request an evaluation to determine your child’s educational needs. Your child may be eligible to receive accommodations and services under a Section 504 Accommodation Plan or under an Individualized Education Program (IEP).
Section 504 plan vs. IEP: What’s the difference?
504 Accommodation Plan
If your child only needs accommodations at school, they should receive a Section 504 Plan. This plan is designed to give your child equal access to a regular education curriculum and environment. Section 504 accommodations can include things like:
- preferential seating
- assignment modifications
- additional time on tests
- behavior support
- modified recess/physical education (P.E.)
- and more…
(29 U.S.C. §701; 34 C.F.R. §104, 42 U.S.C. § 12101)
504 Accommodation Plans can also apply to individuals with disabilities in other settings, including college and employment.
If your child needs specialized instruction and accommodations, they should receive an Individualized Education Program. Individual goals will be written for your child. Special education and related services will then be provided based on those individualized goals.
Individualized Education Program (IEP)
If your child needs specialized instruction and accommodations, they should receive an Individualized Education Program. Individual goals will be written for your child. Special education and related services will then be provided based on those individualized goals.
Both Section 504 Plans and IEPs can be reviewed and revised as often as needed, but IEPs must be reviewed by the whole IEP team at least annually. As a parent, you have the right to be involved in this process.
(20 U.S.C §1400; 34 C.F.R. §300)
Special Education and 504 Plan Student Rights
Your special education student or 504 Plan student has the following rights (along with many others):
- The right to be educated with non-disabled peers to the maximum extent appropriate. This is called being in the “Least Restrictive Environment (LRE).”
- The right to use an assistive technology device or service, depending on the student’s educational needs.
- The right to be safe at school. There are limitations on the discipline that can be used to manage your child’s behavior, including limits on suspension.
For more help understanding your child’s rights at school, contact the Disability Law Center. We want all Utah students to receive appropriate educational services designed to meet their unique needs.