Making the Most out of 504 & IEP Plans

Educational settings can be challenging for families in the MDA community as a result of many types of obstacles: physical obstacles within and surrounding the school, transportation to and from school, conceptual and accommodation obstacles within the academic curriculum; and emotional and social obstacles resulting from a lack of understanding within peer groups and school personnel, to name just a few.

But these obstacles do not have to be barriers ; MDA is here to help you access appropriate resources to work with the school community to overcome these obstacles. By becoming your advocacy partner throughout the educational process, MDA can help you to obtain the necessary tools to empower you and your child to effectively advocate for your needs within the academic setting.

To ensure that students needing adapted school environments were afforded a high standard of educational rights, Congress passed the Individuals with Disabilities Education Act (IDEA) in 1997, and reauthorized it in 2004 . This legislation resulted in a tool for educators and students known as an Individualized Education Plan (IEP). Another available tool is a “504 plan” derived from Section 504 of the Rehabilitation Act of 1973. IEPs and 504 plans are important vehicles designed to ensure that you or your child are provided with the most rigorous academic schedule possible within the least restrictive academic setting.

IEP: an Individualized Educational Plan

What it is:  a legal document that mandates that the school provide a pre-determined set of services, as established by a team of professionals, advocates and community members who are familiar with you/your child; this team should include the parents/guardians of the student as well as the student (if age appropriate).  IEPs are based on the individual needs of each student, and are covered by the Individuals with Disabilities Education Act (IDEA) which governs how states and public agencies provide early intervention, special education and related services to children and young adults with disabilities.

What is does:  an IEP addresses physical assistance, academic adaptations, specialized instruction, technological equipment, and related services like occupational, physical and speech therapy.

Who qualifies: To qualify for an IEP, a child’s disability must adversely affect educational performance and progress, even if the child is achieving good grades.  A school-funded evaluation determines whether special education services are needed for the child to meet general curriculum requirements. States decide if children who need only “related services” (like occupational or physical therapy) qualify for specialized services.

Eligibility:  The first step in this process is an eligibility meeting, which is followed by a meeting to coordinate and implement the plan.  Once the IEP is in place, the school must provide services. A member of the school’s administration team should be present at all meetings; MDA staff often attend IEP meeting to provide additional support to the family.

The 504 plan:

What it is:  Covered by the civil rights law, Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities.  Section 504 ensures that children with disabilities have equal access to an education.  The Rehabilitation Act (and therefore Section 504) applies to all federally funded programs, including schools, libraries, etc

What it does: The 504 is a modified academic plan, and addresses the same areas as an IEP except for specialized instruction.

Eligibility: A student deemed eligible for a 504 plan is defined as a student with a disability “who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.” If a school receives federal funding (i.e. public schools and charter schools), the school is required to follow a student’s 504 plan provisions.

Examples: Modifications and accommodations may include (but are not limited to): special classroom seating; requests for classmates or school personnel to keep the room free from tripping dangers; informal modifications in physical education class depending on the activities for the day; extra time on tests; and someone to help with note taking.  The 504 team typically consists of the physical therapist, occupational therapist, school nurse (who is often the 504 coordinator), a special educator, the classroom teacher, guidance counselor, and the principal.

Noteworthy : 504 plans don’t have to be written documents, nor are parents required to be part of the decision-making process. It is strongly recommended, however, that parents (and – when appropriate – students themselves) request a written 504 plan and participate in the creation, implementation, and monitoring of the plan.

Tips for Getting the most from an IEP or 504 Plan

Obstacles to education can be addressed via an IEP or 504 plan, but being proactive and staying in good communication with a school will help yield successful results.

Remember that MDA can be a partner in the process: Contact your local office to make arrangements to have an MDA staff member to join your meetings, or to facilitate presentations to school faculty or the student body.

The following are available tools to help make your school plan work most effectively:

• Teacher Presentations – Many families arrange for representatives from MDA and/or the local MDA clinic team to visit their child’s school to attend a faculty in-service. During such presentations, it is equally as important to highlight what your child’s strengths and abilities are, as it is to explain what your child’s limitations are due to his/her diagnosis.

• Classroom Presentations & Peer Group Assemblies - Many families often opt to be pro-active about the questions and curiosities their child’s peers may have by scheduling an informal classroom presentation or a more formal assembly for an entire grade level. Conducted by MDA staff or MDA clinic representatives, these presentations can help build community for the student with a neuromuscular disease by empowering his/her peers to be helpful, while underscoring all of the wonderful traits your child and his/her peers share in common. Such presentations can often be quite helpful when new mobility equipment and school accommodations are first being introduced (i.e. your child will be wearing leg braces or using a wheelchair in school for the first time). Outlines and helpful materials for such presentations are available from your local MDA office.

• Maintaining a Communication Flow & Meetings – Frequent meetings and open communication between teachers, school personnel, and the student and his/her family are key to ensuring that ongoing assessments of the student’s successes and obstacles encountered are taking place. This is especially important in neuromuscular diseases in which medication changes, therapies, and medical interventions may impact the student’s classroom performance or school attendance. For example, students who start medications such as corticosteroids may want to notify teachers so they can monitor for noticeable changes in stamina or behavior; these observations provide important feedback that can also be relayed to the clinic team at your child’s next visit. Frequent communication will also help to ensure that, once appropriate accommodations are made for your child, the school’s focus is placed on providing a rigorous and nurturing academic environment.
  
  
• Items to Consider When Assessing Appropriate Access and the Need for Accommodations:
• Can the student safely maneuver from the bus or drop-off area to the building entrance? 
• Are there ramps and curb cuts?
• Can the student independently enter the building?
• Is the school on one level? If not, what arrangements have been made to provide access to all levels of the school building?
• If stamina is a concern, how far apart are the student’s classes?
• Is there a second set of textbooks that can be left in the student’s classroom or kept at home so that he/she doesn’t have to transport a heavy book bag to and from school each day?
• Does the student have/need preferential seating in the classroom?
• What is the emergency evacuation plan for the student?  Is he/she aware of that plan?
• Are field trips arranged in a way that they are equally accessible to students with disabilities?  For field trips, think about: amount of walking necessary, where are accessible entrances to buildings, bus accessibility, etc.
• Have Physical Education classes  been adapted to the student’s abilities ?
• Has every attempt been made to include the student in the general PE classroom?

 For more information about working with your child’s school to provide the most supportive and rigorous academic setting possible, please contact your local MDA office or the social worker at your MDA clinic.
 
Additional information is available at www.mda.org:

http://www.mda.org/publications/quest/q162504plans.html
http://www.mda.org/publications/quest/q122best_friends.html
http://www.mda.org/publications/TchrDMD/ability_to_learn.html