to help support them in school, they can either be provided with an IEP or 504 Plan. The differences between the two can be very confusing and making the wrong choice can have a significant impact on a child's education. While both options can provide a student with supports, there are a few key differences that a parent and attorney should consider before deciding which option to pursue for a student. Individualised Education Plan (IEP) Purpose: An IEP provides for specialised instruction and support for eligible students in grades K–12. Eligibility: A student’s educational performance must be “adversely affected” by a disability or diagnosis in one of the 13 disability categories outlined in the Individuals with Disability Education Act (IDEA). Impact on Curriculum: An IEP is an individualised plan that customises instruction to meet a student’s goals and objectives developed by the IEP team. The IEP details the student’s individual academic performance, services, providers, and placement. The IEP is reviewed regularly and amended as needed to assist the student meet the goals outlined in the IEP. Safeguards and Recourse: IDEA provides very specific procedural safeguards to protect the rights of the parent and the child. If a parent believes their rights or the child’s rights under IDEA have been violated, the parent can file a Formal Complaint or Due Process Hearing Request with the Department of Education. 504 Plan Purpose: A 504 Plan does not create a customised learning plan for the student and there is no impact or adjustment to the curriculum. Additionally, there are no goals and objectives in a 504 Plan. Rather, a 504 Plan details the accommodations and supports that a student will receive. Eligibility: A student must have a disability that has a significant impact on at least one major life activity. Impact on Curriculum: A 504 Plan does not create a customised learning plan for the student and there is no impact or adjustment to the curriculum. Additionally, there are no goals and objectives in a 504 Plan. Rather, a 504 Plan details the accommodations and supports that a student will receive. Research has shown that reaching agreement through the mediation process is often faster and cheaper that traditional litigation and produces more satisfactory outcomes. JUL 2022 | WWW.LAWYER-MONTHLY.COM MY LEGAL LIFE - NICOLE HULL 19
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