Navigating the world of classroom accommodations in public schools can be challenging and complicated. We collected guidance from the ADA National Network and Oklahoma Parents Center to break it down for Tulsa parents. Here’s what you need to know.
What are my student’s protections?
Three federal laws protect students with disabilities from discrimination in public schools. These laws all provide legal support for equal treatment of children:
- The Americans with Disabilities Act (ADA)
- The Rehabilitation Act
- The Individuals with Disabilities Act (IDEA)
Title II of the ADA protects the civil rights of people with disabilities from discrimination by state and local governments — including public schools.
Section 504 of the Rehabilitation Act provides more specific civil rights protections to people with disabilities and prohibits discrimination in any program that receives federal funding, like public schools. This law protects anyone with a physical or mental impairment that substantially limits any major life activities. These protections aren’t just limited to the K-12 environment and can be applied throughout a person’s life.
The IDEA is a little different. It is not a civil rights antidiscrimination law, like Section 504, but provides specific mandates for public education. Under the IDEA, all schools must provide a Free Appropriate Public Education (FAPE) in what the government defines as the “least restrictive environment” for students with disabilities. The disability definition is narrower and only applies to K-12. It provides federal funding to support qualifying students and mandates an Individual Education Plan (IEP).
If you’d like to initiate accommodations, start by talking to your student’s teacher, counselor or the district’s special education/services director.
What does Section 504 entail?
Whether your child qualifies for an IEP or 504 accommodations, the school district’s services will always be free. However, there are some key differences.
Section 504 will not provide direct special education services, but ensures equal access and accommodations to those with a disability that limits one or more major life activities. This disability doesn’t need to affect learning specifically to qualify. The state of Oklahoma’s 504 form lists reading, thinking, eating, sleeping and standing as “major life activities.”
Schools will notify parents and must obtain their consent to evaluate students for 504 needs. However, the district can provide services immediately without parental consent. There are no required annual goals or meetings with parents under Section 504 law.
You may hear “504 plan” frequently used, and many schools create one to track accommodations, but it’s not mandated. A student does not need to have a 504 plan to benefit from 504 rights, though it may support future access in college or the workforce by providing documentation of their needs.
What about IEPs?
An IEP is more specific and creates more mandates for your child’s school by outlining direct instructional support and interventions. The IDEA requires students to demonstrate one of the following disabilities to qualify, and it must affect their ability to learn:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language disability
- Traumatic brain injury
- Visual impairment
Schools also need consent to evaluate under IDEA. Following testing, a team of educators — often made up of special and general education teachers, counselors and administrators — then meet with a parent to discuss results and help with crafting an IEP.
An IEP is usually a long document, including annual goals, services and when or how they will be delivered. It can be negotiated before parents provide consent for schools to begin services. Advocacy groups recommend reading it in detail before signing. School districts then meet with guardians annually to discuss the plan and potential updates — all of which require consent.
IDEA also safeguards the right to issue a complaint about a school’s decision on an IEP. The following step must be a mediation meeting, but parents can then pursue a “due process hearing.” All IDEA protections end when a student graduates high school.
Where can I find resources for disability accommodations?
504 services and IEPs are more than pieces of paper, and parents are legally entitled to involvement in their student’s accommodations.
The Oklahoma Parents Center is the state’s only Parent Training and Information Center, one of 105 supported by the U.S. Department of Education. It provides free support for people with disabilities from birth to 26 years old. This includes one-on-one assistance for parents, regular trainings and letter templates to initiate the IEP or 504 evaluation process. Call the center’s toll-free number at 877-553-4332 for more information.
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