As a child, I had a very difficult time in school. When I noticed that my child was experiencing similar struggles, I vowed not to let her have the same experience I had. I set out to gather as much information as I could about education programs and educational laws to ensure she had all of the support sheneeded to be successful in the classroom. 

If you’re like me and have a child with ADHD or any other specific learning disability, understanding your rights under Section 504 and the Americans with Disabilities Act (ADA) can make all the difference. Let’s discuss these essential laws in simple and a supportive way.

Let’s start by breaking down the basics of Section 504 and the ADA. These laws are like our secret weapons. They provide protections to ensure our children get the support they need to thrive in school, no matter their challenges.

Explaining Section 504

Think of Section 504 as a safety net for our kids. It’s there to make sure public schools and school districts provide accommodations and services to help them succeed. Eligibility isn’t just about grades; it’s about student needs and how a condition affects your child’s major life activities, like learning, moving, or seeing.

The ADA is like our backup plan, making sure kids have equal access to free appropriate public education. It covers both public and private schools, ensuring that every child succeeds. ADA Title II specifically focuses on public schools, guaranteeing that they are inclusive and accessible to all children.

Section 504 and the ADA provide a range of reasonable accommodations and modifications to support your child’s learning. These could include extra time on tests, preferential seating, or access to assistive technology. It may include participation in a special education program. Work with the school to determine which accommodations are best to provide an appropriate education for your child.

Understanding your rights under Section 504 and the ADA

These laws are civil rights laws which means that all citizens are entitled to specific protections under these laws. It is very important to know your rights, so let’s discuss them now.

1. The Right to an Evaluation:

If you think something is not quite right, trust your gut and request an evaluation. With parental consent, this will always be the first step in getting the support your child needs to meet their unique needs.

2. The Right to a Free Appropriate Public Education (FAPE):

Both Section 504 and the ADA ensure that the U.S. Department of Education provides your child with a quality education in an appropriate learning environment at no extra cost to you.

3. The Right to Participate:

Every child deserves a chance to shine, and that includes yours! Your child has the right equal access and equal opportunity to take part in all school activities during the school day and extracurricular activities. This includes classes, sports, and clubs.

4. The Right to an Individualized Education Program (IEP) or a Section 504 Plan:

This is the important stuff. For eligible children, an IEP or a Section 504 Plan will lay out a plan to ensure all student needs are met and will outline a plan for success. Work with the school or school district to create a plan that meets your child’s unique needs.

While knowing and understanding these federal laws is important, making sure your child receives the services he/she needs is paramount. As a parent, your major role when it comes to your child’s unique needs is advocacy. You must become the voice for your child. Know who is in the Office for Civil Rights (OCR) and how to contact them.

Understanding the difference between a 504 Plan and an IEP

A 504 plan is a plan for a child’s access to learning at school and describes the accommodations that the school will provide to support the student’s general education. This typically describes the educational setting and access to the resources in an educational environment that makes learning possible. For instance, if your child has a physical impairment and uses a wheelchair, the 504 plan outlines a plan to ensure your child can access and navigate the building unhindered. If your child has a hearing impairment, a 504 plan will outline a plan to ensure the proper equipment or personnel is available to ensure your child can understand everything that takes place in the learning environment.

The team that determined the student’s eligibility for Section 504 and identified the needed accommodations will write the accommodation plan. While Section 504 does not require a written plan, it does require documentation of evaluations and accommodations. It is very useful to have a written plan to provide clarity and direction to the individuals delivering services or making accommodations

An Individualized Education Program (IEP) is a plan for a child’s special education experience at school. This plan is focused on the methods of instruction that special education teachers and educational specialists will use to ensure your child learns in school. This may include extended time to complete assignments and tests. It could also include access to various therapies like speech or occupational therapy. The IEP is a plan developed to ensure that a child who has a disability identified under the law and is attending a primary or secondary school receives specialized instruction and related services to ensure they have access to a quality education.

• The IEP sets learning goals for a child. It goes over the special education services the school will give the child. The IEP must include:  
• How the child is currently doing in school.  
• Yearly education goals for the child.  
• How the school will track the child’s progress.  
• The services the child will get. This may include special education or extended school year services.  The timing of services. This may include when services start, how often they occur, and how long they last. 

The IEP team must review the IEP at least one time each year and the child must be re-evaluated every three years to see if they still need the same special education services.

7 Steps to Navigate the 504 Process

Stay informed. Knowledge is power, so stay informed about your child’s rights under Section 504 and ADA. Keep up to date with any changes or updates to the law, and don’t hesitate to seek advice from legal or educational professionals if needed. The more empowered you are, the better equipped you’ll be to advocate for your child.

Speak up. The evaluation process can feel daunting, but it’s essential for identifying your child’s individual needs accurately. Don’t be afraid to ask questions and seek clarification from school professionals.

Celebrating Progress and Achievements. In the midst of challenges, it’s essential to celebrate your child’s progress and achievements, no matter how small. Take time to recognize your student’s ability and not only the student’s disability. Recognize their efforts and resilience, and remind them of their strengths and capabilities. Positive reinforcement boosts their confidence and motivates them to keep pushing forward.

Be an advocate. There are millions of school-aged children in America’s public school system. Without your voice advocating on your child’s behalf, it is easy for them to get lost in the shuffle, misidentified, and inappropriately labeled.

Stay in the loop. Keep lines of communication open with teachers and school staff. They are your partners, not your enemies in this journey. Building a positive relationship with teachers and school staff is key to your child’s success. Approach meetings with an open mind and a collaborative spirit. Share insights about your child’s strengths, interests, and challenges to create a supportive learning environment.

Get organized. Keep track of all paperwork and conversations related to your child’s education, their eligibility, and all of their related services. It’ll come in handy when you need to advocate for your child.

Find your tribe. Parenting a child with unique needs can sometimes feel isolating, but you’re not alone. Seek out support groups, both online and in your community, where you can connect with other parents who have similar experiences. Sharing experiences and resources can provide invaluable support and encouragement.

Unique Families’ Journey is Here to Help

By understanding your rights and advocating for your child, you’re laying the foundation for their success. So let’s stand together, support each other, and empower our children to reach for the stars. We’re in this together, and together, we can move mountains for our little ones.

In closing, remember that your dedication to advocating for your child’s education is inspiring. If you ever find yourself in need of additional support or guidance, reach out to us for a free consultation to see how Unique Families’ Journey can help you help your child succeed! Additionally, resources such as the U.S. Department of Education‘s Office for Civil Rights or the National Center for Learning Disabilities can provide valuable information and assistance. Together, let’s continue to champion the rights of our children and ensure they receive the support and opportunities they deserve. 

The information provided by Unique Families Journey Foundation, Inc. on our website and through our services is for general informational and educational purposes only and is not intended as legal advice. We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained or linked to. Always seek the advice of a qualified professional with any questions you may have regarding a legal matter.