IDEA, IEPs, 504s, and FAPE

Through Case 38
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 Objective:

I will be able to understand the

importance of IDEA, IEPs, 504s
and FAPE through the lens of
Case 38: When a Student’s Rights
are Wronged.
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FAPE
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 FAPE is…
● Students’ legal rights to education.
● Education of students with disabilities paid for
by Government.
● Qualified students receive Individualized
Education Program (IEP).
● Offered by the public school district.
● Selection of Educational Services include:
○ Speech Therapy
○ Counseling
○ Transportation
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IDEA
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 IDEA
● Federal Law.
● Ages 3-21.
● Protect individuals with disabilities
from discrimination.
● Provide equal access:
○ to educational opportunities.
○ to facility utilization.
● Guaranteed, free appropriate public
education (FAPE).
● Requires creation of IEPs for
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services.
 IEPs are…
● Ages 3-21.
● Stands for Individualized Education
Program.
● Covered by special education law,
or IDEA.
● Legal written document to provide
Special Education:
○ Instruction
○ Support
○ Services
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 Section 504 of the
Rehabilitation Act
of 1973
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 Section 504…
● Is a federal civil rights law.
● Protects students from disability
discrimination in:
○ Public school
○ College
○ Trade school
○ Private school
● Provides accommodations to students
with:
○ Mental disability
○ Physical disability
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That substantially affect a major life activity.

 Differences
between IEPs
and 504s
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 IEPs
● Must meet specific criteria for
eligibility.
● Mandated under IDEA.
● Updated annually with teacher
input.
● A written document.
● Provides modifications.
● Education goals are aligned.
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504s
● Mandated under section 504 of the
Rehabilitation Act of 1973.
● Created and only updated upon
request.
● Doesn’t have to be a written
document.
● Provides accommodations.
● Not aligned to educational goals.
Case Study
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 Case 38 - The Problem
● High school built in the 1950s that is not
fully accessible.
● Miguel Hernandez is in a wheelchair.
● Removed from a prerequisite class:
○ Biology
○ Without parent permission or informing
them
● Class is not accessible to Miguel.
● Violates Miguel’s FAPE to the class.
○ Given to him via Section 504
● Miguel’s parents request a meeting.
○ They bring a lawyer
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 Case 38 - Relation to 504
Under section 504:

● Miguel, who is now in a wheelchair, has:

○ a right to free, appropriate public
education.
○ substantial limits to a major life activity.
■ (walking, running, etc.)
○ the right to attend the class the he wants.
■ without being removed without
permission.
■ without being discriminated
against because of his new
circumstances.
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 Case 38 - Solution
In order for the school to be compliant with
Section 504, they should:

● create a 504 to assist Miguel.

● install wheelchair ramps to make
classes accessible.
● move the biology class to a classroom
that Miguel can access.
● update the remaining campus to ensure
this doesn’t happen again.
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 Review - Key
Information
I understand the importance of IDEA,
IEPs, 504s and FAPE through the lens
of Case 38: When a Student’s Right
are Wronged.
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Questions?
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 References
Belsky, G. (n.d.) What is an IEP? www.understood.org
https://www.understood.org/en/articles/what-is-an-iep

Essex, N.L. (2013). School law and the public schools: A practical guide for education
leaders. (6th ed.) Pearson Education Inc.

Lee, A. (2022). What’s Covered Under FAPE | Free Appropriate Public Education.
www.understood.org. https://www.understood.org/en/articles/what-is-and-isnt-
covered-under-fape

Schoolpyschologistfiles.com. (2024). Which is better, a 504 Plan or an IEP?

http://schoolpsychologistfiles.com/which-is-better-a-504-plan-or-an-iep/

Smentkowski, B. (2019). Supreme Court of the United States | highest court, United
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States. In Encyclopædia Britannica. https://www.britannica.com/topic/Supreme-Court-

of-the-United-States