Key rights and terms

Learn

• The right to FAPE

  A lot of parents are surprised to learn that a 504 plan isn’t something optional the school can choose to offer. It’s required by federal law.

  Kids with disabilities have the right to a free appropriate public education (FAPE, which rhymes with “cape”). The right to FAPE means that if your child qualifies for a 504, the school must:

  • Meet your child’s individual needs as adequately as it meets the needs of students without disabilities.

  • Provide accommodations (like read-aloud tools or extra time on tests) and services (like speech therapy) without families having to pay for it.

• The right to accommodations

  A 504 plan can include accommodations, which are changes that remove barriers to allow your child to take part in learning. For example, to meet the needs of a child who struggles with handwriting, an accommodation might be to use a device for typing or dictating.

  504 plans can provide other kinds of support, too. To give your child an education comparable to that of other students, a 504 plan can provide related services, like occupational therapy. A 504 plan may also modify or change what your child is expected to learn. But modifications and services are less common than accommodations in 504 plans.

• The right to notice

  The law that covers 504 plans says schools must tell families about significant educational decisions that impact their kids. For example, you have the right to know about things like evaluations and changes in placement, such as getting a suspension. The school also needs your consent or permission before it can evaluate your child to see if they qualify for a 504.

• The right to challenge a decision

  When parents disagree with a school decision about their child’s education, a common first step is to ask to meet with the 504 team to try to resolve the dispute. These kinds of low-key meetings can be a good way to work things out.

  Parents also have the right to formally challenge the school’s decision. Options include:

  • Asking for a hearing where an impartial officer decides the case

  • Filing a complaint with the federal Office for Civil Rights

  (The next step in this guide has more detail about what you can do if you disagree with the school.)