The eligibility requirements for a plan are, by law, designed to be more liberal than those for an IEP. When in doubt, school teams are directed to find students eligible for a plan. While Plans can provide your child with essential accommodations, they do not provide you with the same level of procedural safeguards as are guaranteed to families whose children have IEPs although there are some. There also are fewer rules governing who is included in the team that creates the Plan, what goes into the plan, and how often the plan is revised.
If a student needs services of a school psychologist or speech pathologist for example, it may be possible to include that on a plan. Students should not have both a and an IEP some schools do this. Unlike the IEP under IDEA which applies only to children who have not yet graduated from high school, Section of the Rehabilitation Act can provide needed services and accommodations to a student enrolled in a program of education at a college or university that receives federal funding.
If you or your child is eligible to receive accommodations in a post-secondary program, the university typically has to provide the accommodations and services that are necessary for participation in the school program.
However, this is not the case if the necessary services would either fundamentally alter the academic program or impose an undue burden on the college or university. If you still have questions about IEPs and plans, or think you need the services of an education attorney in Maryland, please feel free to schedule a call with our attorneys. This chart compares them side by side to help you understand the differences. A blueprint or plan for how the school will provide support and remove barriers for a student with a disability.
Provides services and changes to the learning environment to enable students to learn alongside their peers. Section of the Rehabilitation Act of Section has a broader definition of a disability than IDEA. It says a disability must substantially limit one or more basic life activities.
This can include learning, reading, communicating, and thinking. Families can ask the school district to pay for an independent educational evaluation IEE by an outside expert.
Families can always pay for an outside evaluation themselves, but the district may not give it much weight. As with an IEP evaluation, families can always pay for an outside evaluation themselves. There are strict legal requirements about who participates. With a few exceptions, the entire team must be present for IEP meetings.
A plan is created by a team of people who are familiar with the child and who understand the evaluation data and special services options.
This might include:. The IEP sets learning goals and describes the services the school will provide. There is no standard plan. This is called prior written notice.
Notice is also required for any IEP meetings and evaluations. A parent or caregiver must consent in writing for the school to evaluate a child. They must also consent in writing before the school can provide the services in an IEP. The is generally less restrictive than the IEP, and it is also less stigmatizing. When is an IEP is the better option? Students who need more than just accommodations to regular education would need an IEP.
Eligibility in Special Education opens the door to a variety of related services and supports. It depends on the child and his or her unique needs. I would recommend that parents look carefully at both options before pursuing one over the other. Examples of students who have a disability and benefit from a Plan, rather than an IEP: — A student with an Autism Spectrum Disorder who is doing well academically, but need social skills assistance or a specific accommodations such as a visual calendar.
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