Do private schools have to provide a 504 Plan or IEP?
Not always.
504 Plans and IEPs only apply to schools that get federal or public funding. Many private schools don’t receive this funding and aren’t required to follow these laws. Check with the specific school about what support they offer for students with disabilities.
For assistance, please reach out to Disability Advocacy Solutions.
What if my student is on treatment for their diagnosis?
The decision of whether or not a disability limits a major life function is to be made without regard to the positive effects of “mitigating measures”. Think of mitigating measures as the treatment for their diagnosis. Mitigating measures are things like medication, medical supplies, equipment, low-vision aids (other than regular glasses and contacts), prosthetics, cochlear implants, mobility devices, oxygen therapy, enteral or parenteral nutrition, assistive technologies, reasonable accommodations, auxiliary aids or services, learned behavioral or adaptive neurological modifications. There is NO REQUIREMENT that students stop medications or use their supports during the evaluation for a 504 Plan or IEP.
For assistance, please reach out to Disability Advocacy Solutions.
How can I get help for my student entering preschool?
Children can qualify for 504 Plans or IEPs starting at age 3.
Contact your local public school district and ask for their preschool special education policies. They may ask to do an evaluation to decide what services your student needs.
For assistance, please reach out to Disability Advocacy Solutions.
The school says my student doesn’t need help because their grades are okay. What should I do?
504 Plans don’t depend on grades or academic performance.
IEPs do require that the disability affects how your student is doing in school—but this includes behavior, social skills, and emotions, not just academics.
If the school denies support:
- Ask for a copy of the school policy that supports their decision.
- Request a written explanation from the district that explains why your student is being denied services.
For assistance, please reach out to Disability Advocacy Solutions.
What if my student requires Hospital/Homebound School?
Oftentimes, students may require hospital/homebound school for a brief period of time as they recover from illness or surgery.
However, students with chronic medical complexities often miss a significant amount of school off and on for years. Unfortunately, school districts sometimes do not offer homebound services that provide equal access to education and/or certified teachers at the same level as students attending school in person. It is important that parents/guardians of children in this situation advocate for their student to receive an IEP due to the need for specialized instruction, in this case instruction that is not taking place in the classroom. These students may qualify under Other Health Impaired (OHI) with goals based on social and emotional needs. Additionally, the IEP team should consider if a medically complex student is being treated differently or being denied FAPE if the school’s policy is for a reduction in instructional time compared to non-disabled students. They should also consider if a hybrid situation might provide a less restrictive environment than full homebound school.
For assistance, please reach out to Disability Advocacy Solutions.
My student struggles with attention and behavior intermittently due to their disability. The school says they don’t know how to help. What now?
Ask the school to do a Functional Behavior Assessment (FBA).
This helps identify behaviors that may be impacting your student’s behavior, what causes them, and how to respond. After the FBA, the school should create a Behavior Intervention Plan (BIP) with clear strategies for teachers and school counselors to follow.
FBAs should:
- Be based on data collected over several days by different people
- Lead to a personalized plan that meets your student’s needs
In some instances, students may need a Behavior Interventionist to assist them while at school.
For assistance, please reach out to Disability Advocacy Solutions.
The school says I need to medicate my student to help with attention issues. Can they do that?
No.
Schools cannot require you to give your student medication to get services, be evaluated for an IEP, or attend school.
They can talk about behavior concerns, but you are not required to medicate your student for them to receive a Free Appropriate Public Education (FAPE).
For assistance, please reach out to Disability Advocacy Solutions.
The school says I have to go on every field trip so I can take care of my student’s needs. What if I can’t go?
You do not have to attend field trips.
Your student’s 504 Plan or IEP should include who is responsible for needs, even on school trips.
Children with disabilities have the right to join all school activities—including field trips and extracurriculars—without discrimination. Schools must provide support so the student can participate.
For assistance, please reach out to Disability Advocacy Solutions.
My student attends a charter school. Do they still have rights under these federal laws?
Here is your best resource for the answer to this question:
For assistance, please reach out to Disability Advocacy Solutions.
Effective Communication and Public Schools
ADA rules require schools that are federally funded to provide effective communication for students, employees, and representatives of the student (parent, guardian, etc.).
Public schools must communicate clearly with people who have communication disabilities, such as those related to vision, hearing, speaking, and reading. The goal is to make sure they can understand and be understood just as well as people without disabilities.
The ADA says it is the responsibility of public schools to make sure communication is effective. This includes providing ASL interpreters when needed. They cannot force someone to bring their own interpreter.
There are only two times when a public school can rely on a person’s friend or family member to interpret:
- In an emergency where someone’s safety is at risk, and no qualified interpreter is available, an adult (or even a child) who is with the person may help.
- In non-emergencies, an adult who comes with the person may interpret only if:
- the person asks for it,
- the adult agrees, and
- it makes sense in the situation.
- the person asks for it,
Children (under 18) cannot be used as interpreters in these non-emergency situations.
When a person with a communication disability asks for a specific aid or service (like an interpreter, captions, or written materials), public schools must give strong weight to that request. In most cases, they should provide the person’s choice.
The school can only refuse if they can show that:
- another option will work just as well for the person with the disability, or
- the requested option would cause a major change to the program (a “fundamental alteration”) or would be too difficult or expensive (an “undue burden”).
If the government cannot provide the person’s first choice, it still must offer another aid or service that makes communication effective, if one is available. If the school decides that providing a requested aid or service would be an undue burden (too costly or too difficult), that decision cannot be made by just anyone. It must be made by a high-level official, such as a department head. The school must also put the reasons in writing and explain why it reached that decision. The school must also consider all resources available to fund needed service before making a denial. For assistance advocating for your student, please reach out to Disability Advocacy Solutions.
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