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Most schools do not automatically provide parents a knowledgeable person to guide them through the IEP process. Parents usually have to do the research to know what their child's rights are and what the school can do to help their child. [13] IEP's are not automatically given to children whose parents believe they need special education resources.
When done so under Section 504 of the Rehabilitation Act, it is referred to as a 504 plan. This 504 plan covers accommodations, services, and support the child will be receiving in order to have access to education at school. A 504 plan is different and less detailed than an Individualized Education Program (IEPs). [7] Section 504 supports ...
As a result, state public education programs became subject to federal non-discrimination requirements. However, Section 504 only requires that the school in question develop a "plan" (often called a "504 Plan") for the child, unlike an Individualized Education Program, or IEP, which tends to generate a more in-depth, actionable document. [20]
This transfer would have effectively terminated Tommy's public education. Tommy's parents appealed the school district's decision through the administrative process created by EAHCA. Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
This soon led to the rise of parent activists who challenged the courts. As a result, special education was expanded into public schools. [4] After a successful court case in Pennsylvania, the state law was changed to acknowledge that it had the obligation to provide a free, appropriate education regardless of the disability. [2]
For parents who disagree with the school's decisions, IDEA outlines the following dispute resolution guidelines: [21] "Stay Put" rights (If parents disagree with the school's decision, the student can stay put while the parents and school go through dispute resolution.) Mediation (This is an alternative to due-process hearings.)
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The Office of Special Education and Rehabilitative Services (OSERS) is a program of the United States Department of Education. [4] OSERS' official mission is "to provide leadership to achieve full integration and participation in society of people with disabilities by ensuring equal opportunity and access to, and excellence in, education, employment and community living."
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