Apples and oranges — understanding special education

Published 6:49 pm Friday, August 12, 2016

When kids struggle in school, parents usually seek advice from friends and family first, unfortunately picking up some biases or misinformation along the way. As a result, they inadvertently ask schools for the wrong things, then get frustrated when their expectations don’t fit within the framework of what a school can give. As we head back to school this year, understanding the basics will help you get what your child needs without alienating the very people you’re hoping will provide it.

All “special education” boils down to either a Section 504 plan or an IEP, terms often used interchangeably by lay people. In reality, the two are quite different, primarily related to the laws they fall under, the types of conditions they can be used for, and the types of help they allow (or require) a school to provide.

Perhaps more familiar to most parents, the term IEP refers to a plan that falls under IDEA (Individuals with Disabilities Education Act). IEPs cover problems such as learning disabilities, hearing or vision impairments, intellectual disabilities, and autism spectrum disorders. Basically, this law covers children who learn differently due to the identified condition, allowing modifications to the child’s instruction in order to ensure the child receives an appropriate education. Each disability category has specific eligibility criteria, and each requires specific evaluations to determine if the child qualifies.

With IEPs, parents usually get tripped up on the difference between clinical problems and academic ones. For an IEP, the law requires not only that a child have one of the disabilities covered, but the disability also adversely affects his educational progress. Therefore, a clinical diagnosis does not guarantee academic services. For example, if a child has a mild form of autism but well-developed intellectual abilities, he may not show obvious learning problems. If there is no evidence of an impact on academics, the child might not qualify for any services, even though there is a documented diagnosis.

In contrast to IEPS, Section 504 plans cover conditions that do not change the child’s general ability to learn, but may affect the child’s ability to access instruction if accommodations for the condition are not provided. They fall under the Americans with Disabilities Act, and are designed to ensure that a person with a disability has the same access to an education that people without a disability have.

For example, if a child is fully capable of learning as well as his same-age peers, but he uses leg braces, then a Section 504 plan might include accommodations such as special seating or allowing extra time to get from one class to the next without penalty. Mental health conditions such as ADHD or anxiety often fall here, because the child can learn with standard instruction, by may need accommodations to prevent medical symptoms getting in the way of performance.

In short, IEPs allow modifications, or changes, to instruction and work, whereas 504s provide accommodations, or workarounds, for symptoms. A child with test anxiety or attention problems won’t be taught differently, but he may be allowed a separate setting or additional time to perform the same test his peers take (Section 504). A child with dyslexia, however, may get individual or small group reading instruction and have some tests read to him (IEP).

It’s common for frustrated, worried parents to march in demanding an IEP or 504 without really knowing what they’re asking for. While parents need to understand their rights, they also must come to terms with the limits of reasonable requests. Unfortunately, not all children with clinical problems qualify for specialized academic interventions.

For detailed information about North Carolina’s rules, check the document titled “NC Policies Governing Services for Children with Disabilities,” available at ec.ncpublicschools.gov/policies. For more information about Section 504 plans, as well as many easy-to-understand articles about various special education topics, check out www.understood.org.

Tamara Stevens, MA, is a child psychologist with Washington Pediatrics and can be reached by calling 252-946-4134.