What is a 504 Plan?

What is a 504 Plan?

Section 504 plans get their name from Section 504 of the Rehabilitation Act of 1973, which is a federal law designed to prevent any student with a disability from discrimination due to their disability. Students who qualify for a 504 plan cannot be denied the opportunity to participate in any aid, benefit, services, and/or activities that are available for students without disabilities and must receive a “free and appropriate public education” (FAPE). This includes school sponsored non-academic and extracurricular services and activities. 

Who is eligible for a 504 Plan?

Under the federal and state special education laws, a student is deemed eligible for an IEP after a two-pronged test:

1) Does the student have a recognized disability?
2) Is the student not making effective progress because of the disability, or does the student need specialized instruction and/or related services to make effective progress in the general curriculum?

If the answer to both tests is “yes”, an IEP is required. If not, a Section 504 plan may be considered.

To be eligible for individualized assistance under Section 504, a student must have a disability that “substantially limits” one or more “major life activities.” The major difference between a 504 plan and an IEP is that, for a 504 plan, the student does NOT need specialized instruction to make effective progress. Instead, the student may need only accommodations (such as additional time, special seating, or sensory breaks) and/or related services (such as a reading program, speech and language services, or occupational therapy) in order to access the general curriculum.

How does a 504 plan differ from an IEP?

• There is no accountability for the goals, accommodations, etc. being implemented and achieved. 

• There is no requirement that the 504 plan be written.

• There is no requirement for progress reporting during the school year. 

• There is no requirement to do transition planning for the student. 

• There are no disciplinary protections for the student for any behavior and/or conduct violations. 

• The individual is entitled to lifetime access to any program or activity that either receives Federal funding or is conducted by an Executive agency or the United States Postal Service. 

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

With the start of a new school year, here are some reminders about IEPs.

Remember, you can request a meeting to discuss your student’s IEP at any time. So take some time at the start of the school year to review their IEP. What worked for them last year? What didn’t work? Is it time to ask the team to come back to the table to see if some changes can be made?

Who is the IEP Team?

According to IDEA 2004, Section 1414(d)(1)(B), the IEP team includes: 

(i) the parents of a child with a disability;

(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment;

(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;

(iv) a representative of the local educational agency . . .

(v) an individual who can interpret the instructional implications of evaluation results . . .

(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(vii) whenever appropriate, the child with a disability.

Parent/Student Concerns Statement

The district needs to include this statement in its entirety as written by the parent/student. Take some time and really think about it. Prepare it in advance and either email it to the proper person or bring a copy to the IEP meeting so they can incorporate it.  Include your greatest concerns, hopes for the student’s accomplishments, concerns regarding the student’s services and/or concerns regarding last year’s IEP. Try and keep this statement as clear, complete but concise as possible. It should not a recap of the child’s entire educational history but a good overview. Try and incorporate some positive statements so that this statement is not perceived as being completely negative or argumentative.

To accept or reject the IEP

It is never advisable to reject the IEP in full. If you reject the IEP in full then the student is no longer eligible for Special Education. The best option is to accept in part and reject in part. It is always better for the student to receive some services (versus none) while the parties work out any conflicts. The District must report a partially or fully rejected IEP to DESE. DESE will send a letter to the parent outlining options to resolve the issues. If a response to a proposed IEP is not received within 30 calendar days, it is considered rejected.  

Student Participation

Students are the focus of special education and, as they grow, students are expected to participate in planning for their own future as much as possible. Students at age 14 are entitled to participate in all Team Meetings. Students at age 18 are adults under Massachusetts law and assume all rights formerly held by their parents for participation and decision making. The student at age 18 will be given the option of assuming all responsibilities, delegating decision-making to their parent/guardian or sharing decision-making with their parent/guardian.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

INITIAL EVALUATIONS, REEVALUATIONS AND IEP TEAM MEETINGS

DESE shared some suggested recommendations in regards to Initial Evaluations, Reevaluations and IEP Team Meetings recently.  They acknowledge that due to the unexpected closures of in-person learning in the Spring that many annual review Team meetings, evaluations and/or parts of evaluations may have been postponed. That means that most districts have a backlog of both assessments and meetings that need to be addressed while at the same abiding by the existing deadlines/times lines for annual review Team meetings and evaluations for students who are newly referred and/or due for an evaluation.

What does this mean for you?  

IEP Teams must continue to conduct annual review Team meetings as they are due.

Districts are advised to update the IEP as though the student will be attending school full time in-person; however, given the unpredictable nature of the COVID-19 virus, schools and districts must be prepared to be adaptable in their approach to delivery of IEP services, based on the current health information and trends at that time. As was the case when schools closed in March, any changes to service delivery should be documented in writing to the parent.

It is important to note that a change in the delivery of services due to a school’s change in learning model, in-person, hybrid or remote, as a result of COVID-19 does not result in a change in placement. The services outlined in the IEP remain and are considered “stay-put.”

Schools and districts must maintain open communication and collaboration with families as they respond to the trajectory of the virus and make decisions about the opening and/or closing of school buildings and settings and the learning models to be utilized

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

LEARNING MODELS FOR SCHOOL YEAR 2020-2021 IN MASSACHUSETTS WITH COVID

The new school year is beginning for many, if not all, students this week in Massachusetts. Never has a new school year brought about so many questions and uncertainty as this year. With new information coming out almost daily it is hard to provide guidance and answer the questions that seem to pop up the most. So with that in mind we are hoping to offer some reminders as we start the new school year

Learning Models

Most districts will offer: in-person learning, hybrid learning and remote learning. But what is the difference?

Full-time In-person Learning

This is the ‘traditional’ school model of years past. Teachers/support staff and students are in the school building and receiving instruction as ‘usual.’ Districts should again be prioritizing groups of students and considerations for maximizing in-person learning for students with disabilities should be made when developing schedules. Schools have been given some leeway to be creative in using alternative school spaces to get the most use of their space (i.e. having classes outside on the school grounds) and to maximize the number of students/staff that can be allowed on the premises.

Remote Learning

All schools and districts are required to have a comprehensive plan for delivering special education instruction and services remotely. This model must be available for individual students who are not returning in-person, and for all students in the event of future classroom or school closures due to COVID-19. The emergency closing in the Spring was unexpected and the expectations of students/staff/learning was not ideal. The remote learning in school year 2020-2021 is expected to be more robust as districts have had time to plan for additional closures. During the 2020-2021 school year, schools and districts must be prepared to provide services through “Instruction and Services” mode of delivery.

What must remote learning models include now?

• Procedures for all students to participate in remote learning, including a system for tracking attendance and participation;

• Remote academic work aligned to state standards; and

• A policy for issuing grades for students’ remote academic work.

What can Parents/Guardians expect in regards to communication?

• A regular and consistent schedule of classes, interventions, services and therapies as required by the student’s IEP, offered synchronously or asynchronously;

• Structured learning time designed so that the student can access state standards; and

• Frequent interactions with teachers and other staff members to ensure participation.

Hybrid Learning

As with the “in-person” model schools are again asked by DESE to maximize in-person learning for students with disabilities should be prioritized. Preschool-aged students with disabilities and students with significant and complex needs should be considered for continuous in-person learning to the greatest extent possible. This ‘model’ should incorporate the expectations of both the in-person and remote models as stated above.

It is important to know that, in-person services offered within the student’s home or in a community-based setting, particularly for students with significant and complex needs, can also be considered as part of a hybrid model to ensure that as many services as possible are provided in-person instead of remotely.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

SPECIAL EDUCATION DURING THE COVID CRISIS IN MASSACHUSETTS

There has been a lot of news and updates since March 10th when Governor Baker declared a State of Emergency in Massachusetts.  We are highlighting some of these important topics in this blog, but it is not a complete discussion.

DO SCHOOLS NEED TO PROVIDE SPECIAL EDUCATION SERVICES DURING THE COVID CRISIS?

The short answer is yes.  Your student cannot be excluded from school, including remote or online school, because of a disability. Schools must use technology that is accessible, or else provide equally effective alternative options (i.e. 1:1 phone calls, work packets, or other resources.)

But parents/guardians need to acknowledge that schools may not be able to provide all services in the manner they are typically provided pursuant to students’ IEPs. Many specialized instructional opportunities and related services may be modified to be effectively provided by mailing resources and supports to students or it may be delivered online or telephonically. Some examples of specialized instruction include accessible reading materials, speech and language services through video conferencing, and videos with accurate captioning. Moreover, districts may continue to implement many of the accommodations on a student’s IEP, such as extensions of time for assignments, large print, and use of speech-to-text and other assistive technology.

During this period of school closure, districts should make every effort to use creative strategies to provide special education instruction and services to the extent feasible. Moreover, any educational opportunities offered to the general student population, including enrichment activities and resources, must be made accessible to students with disabilities. 

IEP MEETINGS:

IEP meetings should still be scheduled and happen remotely (i.e. via video or phone conference). Interpreters for parents whose primary language is not English and accommodations for parents must still be provided. You are not required to participate in a remote meeting. If you decide you want a ‘live’ IEP meeting, you and the IEP team may agree to reschedule.  If your student’s IEP expires during the school closure, it will remain in effect until a new IEP is developed and accepted.

FREQUENCY OF COMMUNICATION:

School districts should ensure that an IEP Team member (e.g., classroom teacher, special ed teacher or other service provider) communicates regularly with parents and guardians during the period of school closure. The frequency and type of communication will vary depending on the student’s individual needs, the availability of the team member, and the mode of communication utilized. This ongoing communication will help educators and parents/guardians develop a plan for students to receive as much individualized instruction and related services as is feasible through distance learning or other remote learning opportunities. Communication will also promote and sustain important connections between students and their teachers, a source of vital support and stability for students.

EXPECTATIONS:

The closing of your student’s school may cause them to regress if they do not receive all the services, they are eligible for under their IEP or 504 Plan. This means your student may be eligible for compensatory education services. Once school resumes, the school will be required to review how the school closure impacted your student. The school will then make an individualized determination as to what compensatory services are needed to provide FAPE. If you think your student may need compensatory services when schools open, we recommend that you keep a written record of all communication with the school.

IF YOU HAVE A PROBLEM WITH YOUR STUDENT RECEIVING SPECIAL EDUCATION SERVICES:

The Department of Elementary and Secondary Education has a Problem Resolution Hotline. Their number is 781-338-3700. They encourage parents with concerns about receiving services, while school is closed, to call the number.

ONLINE TOOLBOX FOR PARENTS OF STUDENTS WITH DISABILITIES

Here is the state’s new Resource Toolbox for parents of students with disabilities. The Department of Elementary and Secondary Education is working on translating the toolbox and will put it online once it is done being translated.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549\

ellen@emcurranlegal.com