What is a 504 Plan?

Section 504 plans get their name from Section 504 of the Rehabilitation Act of 1973, which is a federal law designed to prevent any student with a disability from discrimination due to their disability. Students who qualify for a 504 plan cannot be denied the opportunity to participate in any aid, benefit, services, and/or activities that are available for students without disabilities and must receive a “free and appropriate public education” (FAPE). This includes school sponsored non-academic and extracurricular services and activities.

Who is eligible for a 504 Plan?

Under the federal and state special education laws, a student is deemed eligible for an IEP after a two-pronged test:

1) Does the student have a recognized disability?
2) Is the student not making effective progress because of the disability, or does the student need specialized instruction and/or related services to make effective progress in the general curriculum?

If the answer to both tests is “yes”, an IEP is required. If not, a Section 504 plan may be considered.

To be eligible for individualized assistance under Section 504, a student must have a disability that “substantially limits” one or more “major life activities.” The major difference between a 504 plan and an IEP is that, for a 504 plan, the student does NOT need specialized instruction to make effective progress. Instead, the student may need only accommodations (such as additional time, special seating, or sensory breaks) and/or related services (such as a reading program, speech and language services, or occupational therapy) in order to access the general curriculum.

How does a 504 plan differ from an IEP?

There is no accountability for the goals, accommodations, etc. being implemented and achieved.
There is no requirement that the 504 plan be written.
There is no requirement for progress reporting during the school year.
There is no requirement to do transition planning for the student.
There are no disciplinary protections for the student for any behavior and/or conduct violations.
The individual is entitled to lifetime access to any program or activity that either receives Federal funding or is conducted by an Executive agency or the United States Postal Service.

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Massachusetts Department of Elementary and Secondary School (Herein after “DESE”) is not allowing district to offer extensive remote learning for the 2021-2022 school year. DESE believes students need to be in a classroom with a live teacher to get the most of the education process. There are a few options that parents/guardians may try if they want their student to continue with remote learning for the 2021-2022 school year:

First.

Parents/guardians may enroll their student in one of the two approved Massachusetts virtual school districts. The first is TECCA Connections and the second is Greenfield Academy. TECCA is a tuition-free online public school for grades K to 12. According to TECCA’s website the enrollment period for the first semester is open. They are limited to 2,700 students at a time. Greenfield is also a tuition-free online virtual school. Greenfield promotes itself as a “pioneer of online personalized learning, we empower our educators to tailor learning experiences to each student’s strengths, interests and challenges.” According to Greenfield’s website they do have a waitlist but students are still encouraged to enroll so that they may be entered into a lottery. Please refer to their website for application and lottery deadlines.

Second.

If your student is on a 504 Plan you may be able to request remote learning as an accommodation. This option is mostly for students whose disability prevents them from safely attending school due to the risk of Covid-19 but who may not be confined to their home, they could make a request for an accommodation of remote learning. Remember, just because an accommodation is asked for – it does not mean the district has to agree.

Third.

For those children who are confined to their home or a hospital for 14 days or more and are therefore unable to attend school, they are entitled to an alternative education for as long as their confinement and/or medical condition requires. This may include tutoring and/or remote learning. This is NOT a special education service. Any student in Massachusetts, regardless of whether or not they have an IEP or a 504 plan, may submit this request. If this describes your student then review DESE’s FAQs on this topic found at this link before you submit a home and hospital education request. Find the necessary form as item number two at this link.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

Meet Ellen

Attorney Ellen Marie Curran is an attorney licensed to practice in Massachusetts. Outside of work, Attorney Curran is an active participant in her community. She is a Museum Teacher Fellow for the United States Holocaust Memorial Museum (USHMM) in Washington, D.C. as well as a volunteer at the Stone Zoo in Stoneham, Massachusetts.