When a child struggles at school, parents often feel helpless. But often, there is a reason for the child’s difficulties. Under certain circumstances – such as when a child is neurodivergent (e.g., autism, attention deficit hyperactivity disorder (ADHD), has a learning disability, or has physical or emotional issues that interfere with their education – the law requires schools to provide additional help.   

This article provides parents with a guide to laws that require changes to instruction, such as the Individuals with Disabilities Education Act (IDEA). It also answers parent questions such as, “What is the difference between an IEP and a 504 Plan?” Finally, it explains why a therapeutic school in New York City or your town might be the best setting to enforce your child’s legal rights. 

Three Key Laws Parents Should Know: The IDEA, the Rehabilitation Act, and the ADA

Three federal laws help parents get their children the academic support that they need. These are: 

• The Rehabilitation Act of 1973, 
• The Individuals with Disabilities Education Act (IDEA) of 1975, and 
• The Americans with Disabilities Act of 1990. 

The sections below will explain what each law does to help students with learning challenges. 

Section 504 of the Rehabilitation Act of 1973 

The Rehabilitation Act of 1973 requires that programs and activities that receive federal funding provide people with disabilities with an equal opportunity to access their spaces and services. Section 504 of the act requires public schools to provide accommodations to help qualifying students fully access educational programming.

To get services under Section 504, the student must have a physical or mental impairment that prevents them from fully participating in one or more major life activities. Learning at school is one such activity. A student who qualifies is entitled to a Free and Appropriate Public Education (FAPE). An “appropriate education” requires giving disabled students regular or special education that meets their needs equally as well as the needs of non-disabled students. 

If your student is approved for services, you will receive a “504 Plan.” This plan lists the accommodations your student must receive. Common accommodations under Section 504 include: 

• Extra time on tests and assignments 
• Optimal classroom seating
• Movement breaks 
• Peer or electronic assistance with note-taking and similar tasks
• Quiet rooms for testing

Note that while these accommodations make things easier for the student, they don’t require the teacher to change the content of the lesson or the way it is delivered. 

The Individuals with Disabilities Education Act (IDEA) of 1975

The Individuals with Disabilities Education Act (IDEA) applies when a child has a qualifying disability that requires individualized instruction. A child who meets these requirements will receive an Individualized Education Program (IEP). The IEP requires that students be given an FAPE in the least restrictive environment (LRE). “Least restrictive” means that disabled students must be educated alongside non-disabled students to the fullest extent possible. 

The process begins with a referral for evaluation. The evaluation will determine whether the child has a qualifying disability under the IDEA. (In New York City, evaluations must generally be completed within 30 school days of the parent’s consent.) Once the disability is verified, the IEP team and parents will identify the child’s learning gaps and determine the modifications needed. Unlike the accommodations in a 504 Plan, IEP modifications detail how daily instruction must be changed to align with the way the student learns. Common modifications under an IEP could include: 

• Working on different material than the rest of the class
• Being given materials at a lower reading level 
• Being graded under a different standard than the class
• Using multiple-choice tests rather than essays  

Both 504 Plans and IEPs help students learn. However, unlike 504 Plans, IEPs do change the way instruction is delivered. So, assume that our hard-of-hearing student from the earlier example also had dyslexia. If the dyslexia required the use of different reading materials, an IEP could be appropriate. 

In addition, unlike 504 Plans, IEPs can require services such as counseling and occupational therapy. Also, IEPs must outline guideposts for success and a timeline for review. For instance, a measurable goal in an IEP for a student with dyslexia might be increasing their reading comprehension from 70 percent to 80 percent over the course of the school year. 

The Americans with Disabilities Act of 1990

The Americans with Disabilities Act (ADA) was designed to prevent discrimination against disabled people. Title II applies to public schools, and Title III covers private schools. (Religious private schools, however, may claim a religious exemption under the act.)  

Unlike Section 504 and the IDEA, the ADA does not contain provisions that require schools to create IEPs or other educational plans. However, if your child is being discriminated against because of their disability, the ADA can help you address it. 

How Therapeutic Schools in New York Can Help with 504 Plans and IEPs

While Section 504 Plans and IEPs require schools to take certain steps to promote student learning, getting an IEP is only half the battle. The accommodations and modifications must be implemented in the classroom. Unfortunately, implementation is often the issue. A recent survey showed that just 23 percent of parents of students with IEPs were very satisfied with the actual services provided by their students’ school.    

If you are concerned about how your child’s IEP or 504 Plan is being implemented, consider a therapeutic school. Often, class sizes, administrative burdens, and other factors make it difficult for teachers at traditional schools to monitor students or even make small changes. However, therapeutic schools have much smaller class sizes, allowing teachers to give each student the individual attention they need – including the requirements of their IEP or 504 Plan. Even better, therapeutic schools offer wraparound services. This means that services that may help the student in the classroom – such as mental health therapy – can be provided at the school during the school day. 

If your family is unsatisfied with how your child’s current IEP or 504 Plan is being implemented, a therapeutic school might be a good choice. If you live in New York City, consider Academics West. Every member of our staff is trained in the current best practices to support students with psychological and learning concerns using our clinically informed academic model. Our model seamlessly incorporates the individual needs of our students into every school day. To learn more about our school, take our virtual tour. Then call 212-580-0080 or use our booking tool to schedule a visit to our Upper West Side campus.