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MYTH BUSTED!
Protections under Section 504 of the American’s with Disabilities Act (ADA) apply to students with IEPs.
ALWAYS!
The anti-discrimination rules of 504 law always apply, and to anyone with a disability that significantly impacts their daily life. Public schools and other public places are responsible for providing accommodations and supports to afford someone with access to classes, services, buildings, etc. so they have an equitable chance to benefit from opportunity (such as an education).
You are likely to find provisions related to 504 law threaded throughout an IEP plan – very often in any accommodations or modifications written into the IEP. The provisions might even be equally supported by 504 as they are by the Individuals with Disabilities Education Act (IDEA). Many protections under the ADA, and all protections under IDEA, exist to help ensure that students receive their Free and Appropriate Public Education (FAPE).
Section 504 includes specific provisions meant to ensure students with disabilities are not discriminated against, for example, within student discipline structure, bullying policy, or through denial of supports or services. Students with disabilities must be given supports to be able to access what non-disabled students are able to access. This concept applies equally to an IEP student or a student with a 504 plan.
Every aspect of the public school environment is covered by 504 law (as well as IDEA for students who qualify for special education).
So, this includes athletic events, field trips, enrichment activities, specialized learning… if it is offered to all students, the it is considered part of the public school environment.
As the parent of a child with learning or other disabilities, it is important that you have a general understanding of the ADA and IDEA provisions that may apply to your student. Sometimes it may also feel necessary to call in some support. Should that be the case, I am here to help you understand applicable law, and to make sure you are seen and heard in your child’s meetings. I offer a free initial consultation.
Leah Sansone, M.Ed. | 919-510-3180
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