Navigating Laws, Processes and Plans for Disabled Students

Navigating Laws, Processes and Plans for Disabled Students

There are many laws and plans in place to help identify, evaluate, and provide services to students with disabilities. However, this can make it challenging to know the role of each plan, and the specific benefits they offer the learner.

When it comes to children with disabilities, they (and their parents) are likely to hear about the Child Find Law, the Student Study Team, an IEP plan, and a 504 plan. These four protocols help to ensure that all disabled students have access to a free and appropriate education and the tools to access their learning environment.

Child Find Law

Included within the Individuals with Disabilities Education Act is the Child Find Law, which requires that all school districts identify, locate, and evaluate all students with disabilities, no matter how severe their disabilities are.

As an additional point, this law applies to all schools, even if the school itself does not provide special education services.

This law aims to ensure that all children, no matter what disability they may have, receive a free and suitable public education with special education that meets their unique needs and adequately prepares them for advancing education, employment, or independent living.

The SST Process

The Student Study Team (SST) is a group that typically consists of a teacher, administrator, and support personnel from the school. The student and parent are also a part of the team. The goal of the SST is to examine the student’s academic, behavioral, and social-emotional progress and then propose interventions based on their evaluations.

Most often, when there is not a medical diagnosis an SST is the first step in offering support to a learner who is struggling. The team will meet, evaluate what interventions can be implemented, how progress will be monitored, and when they’ll reconvene to decide on next steps based on that progress data. The SST provides a framework to support struggling learner within their general education classroom.

The SST may recommend a formal special education evaluation if they believe the child may have a disability.

In some cases, an SST may encourage a parent to seek a formal diagnosis and refer the child for a Section 504 plan.

504 Plans

Section 504 of the Rehabilitation Act of 1973 requires that any entity receiving federal financial assistance must ensure that persons with disabilities are not discriminated against in any and all aspects of employment, or denied access to the goods or services that these federal fund recipients provide.

From this legislation, schools have 504 plans, which ensure that a child with a disability is offered accommodations from their elementary or secondary school that allow them to access the learning environment and help to promote academic success. These accommodations could include taking tests in quiet places or being given more time to take the test. They can also include being able to store and use medications or medical devices on the school campus.

IEP plans

An Individualized Education Plan (IEP) is a program or plan designed to ensure that a child with a disability is identified under the law and attends an elementary or secondary school that receives specialized instruction and related services.

Related services could be speech and language services, occupational therapy, counseling and guidance, and more. In order to be found eligible for an IEP plan the learner must have an educational determination of one of the thirteen disability categories specified in IDEA.

504 Plans vs. IEP Plans

The 504 Plan and IEP are similar, but they have some subtle differences that are quite important. They lie around the acknowledgement that not all students with disabilities require specialized instruction, and an IEP helps children who need specialized instructions, which is why it is more involved than a 504 Plan.

Both the IEP and 504 plans, though, are required to be updated annually to ensure that the student is receiving the most effective accommodations for their specific circumstances.

Additionally, these two plans are applied based on the child’s specific case since children with similar disabilities have different needs. For example, for a child with autism who is below grade level and would benefit from support or small-group instruction, an IEP is typically recommended. However, another child with autism may only need accommodations that allow them to continue following the general curriculum, which means a 504 plan is best.

When it comes to navigating these plans, the SST plays an integral role in determining which plan better fits the needs of the student, and ensuring that their disability status does not impact a child’s education.