The back-to-school season brings anticipation and challenges for all Charlottesville and Albemarle families, but it can be especially complicated for the families of children with disabilities.
In the United States, children with disabilities are protected by law against discrimination. Public schools must provide accommodations or specialized instruction to ensure that all students can access an education. But understanding and starting these accommodations can feel overwhelming to families.
“We have to be proactive to prevent discrimination because it often isn’t overt,” says Rachel Rasnake, the Director of Student Services for Charlottesville City Schools. “Small decisions can lead to larger access issues later.”
That’s where individualized education plans (IEPs) and Section 504 plans come in for Virginia students. These plans are crafted by educators to meet the individual needs of children with disabilities in the public school system.
IEP vs. 504: What’s the Difference?
Both a 504 plan and an IEP are ways of ensuring that children with disabilities can access an education. However, they come from different types of legal protection. They also serve different needs, though those needs often overlap.
A 504 plan is governed by the Americans with Disabilities Act (ADA). This law protects people with disabilities from discrimination. The name comes from Section 504 of the Rehabilitation Act of 1973, which ensures that students with disabilities have equal access to educational opportunities. It applies to primary and secondary schools, as well as colleges and universities.
“Section 504 is intended to provide necessary accommodations a student would need to mitigate the impact of their disability,” explains Rasnake. This type of plan ensures that students with disabilities are able to access the spaces and instruction they need. “It is not designed to provide specialized instruction.”
An individualized education plan (IEP), by contrast, serves students with special education needs. It is governed by the Individuals with Disabilities Education Act (IDEA). An IEP outlines a specialized instruction plan and modifications to the curriculum to ensure that students with disabilities can receive an education.
Because IEPs and 504 plans have slightly different goals, they also work in different ways. Students must meet unique requirements to qualify for each type of plan.
How a 504 Plan Works
For a student to have a 504, they must have a disability that has an impact on a major life activity. The 504 plan outlines how the school must provide accommodations for that disability.
This could be a temporary disability, such as a broken arm. The goal of a 504 plan, in that case, would be to ensure that the student doesn’t get lower grades because they temporarily can’t write. They might get a short-term 504 plan that provides accommodations such as having extra time to take exams or being allowed to type an in-class essay rather than write it by hand.
A 504 plan can also provide accommodations for permanent disabilities. A student with hearing loss, for example, shouldn’t have fewer opportunities to participate in a whole class discussion because they can’t hear their teachers and peers. To prevent that, they might have a 504 plan that says they should be seated toward the front of the classroom or that the school needs to provide an FM system.
504 plans also ensure that students with disabilities can participate in school extracurriculars and activities. Rasnake gives the example of a student who uses a wheelchair. “We as a school division have to make sure that if you’re in chorus, you can get on the stage,” she explains.
The majority of 504 plans are for concentration and medical needs. They may be long-term plans that are regularly reevaluated as the student grows, or they may be short-term plans that are no longer necessary after a medical issue resolves.
How an IEP Works
Qualifying for an IEP in Virginia schools has stricter requirements than a Section 504 plan. To be given an IEP, students must meet two criteria.
First, students must have one of 13 disabilities that are outline by federal regulation. These are:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment including blindness
Second, the disability has to have an educational impact in a way that requires specialized instruction. This impact can be social, as well as academic.
This second requirement can often leave parents feeling confused or frustrated when their child receives a diagnosis for a disability, but they are told by the school that their child doesn’t qualify for an IEP.
“Sometimes, the services kids need are available without an IEP, or they may not qualify for an IEP under IDEA,” says Rasnake. “There has to be a need for specially designed instruction.”
A student with hearing loss, for example, might be fully served by a 504 that provides the in-classroom accommodations described above. They don’t require specialized instruction, so they don’t qualify for an IEP.
If, however, a student’s hearing loss results in difficulty learning to read, they might require individualized instruction by a Teacher of the Deaf and Hard of Hearing. In that case, the student would likely qualify for an IEP.
How an IEP or 504 Plan Is Developed
Because qualifying for a 504 plan is simpler, developing those plans is often more straightforward in Virginia school districts. Generally, the parent of a child with a temporary or permanent disability will bring that disability to the attention of the school. The parent and administrators will discuss the impact on a major life activity and what accommodations the child needs and put those into practice. As the child’s needs change, the plan can be modified.
For some children, this may fully serve their needs. If there is a need for specialized instruction, however, the process becomes more complicated.
“The way we know students require specialized instruction is that we do intervention before we do evaluation,” explains Rasnake. “We have a lot of staff who spend a lot of their time providing targeted intervention to students across five domains: reading, math, mental wellness, engagement, and behavior.”
The process of intervention and evaluation can look slightly different between school systems, but it generally starts with seeing how students manage the standard curriculum in these areas. If a student needs extra instruction in any area of the curriculum, including behavioral, they might receive more targeted instruction from their teacher.
“If that’s not improving your skills, we might have a meeting with the family and say, hey, we want to provide more instruction,” says Rasnake. “It might be with a counselor or a specialist, and we’re going to keep track of their progress.”
If that is ineffective, the intervention is increased and made more targeted to the student. If the student continues to show educational difficulties and a disability is suspected, then the school can evaluate whether the child is eligible for specialized instruction.
Getting Help for Twice Exceptional Students
This identification process can be more difficult for twice exceptional, or 2e, children in Virginia and throughout the country. These students are academically and intellectually gifted but also have learning disabilities, such as dyslexia, ADHD, or autism spectrum disorder. As a result, they may be high-achieving in many areas of school, but struggle with boredom, stress, behavioral problems, or social skills.
Twice exceptional students may not be identified by the school as needing intervention because they don’t seem to be struggling academically. For many of these children, parents are the first ones to bring issues to the school’s attention.
“The first step would be a meeting with the school counselor to see what the parent is seeing that the school is not,” Rasnake says. This conversation can touch on what interventions a parent feels like a child needs.
In many cases, these are interventions to address behavioral or social problems. “Is their disability impacting the social-academic pieces, such as group work? Or is it being confident, making friends, being flexible?”
“Kids do not have to be below grade level to qualify for an IEP,” Rasnake adds, “but there does have to be an educational impact.”
Why Evaluating Disabilities Can Take Time
The process may be lengthy, depending on the child’s disability and how it impacts their learning. This can be frustrating for families. But Rasnake explains that the long time frame is purposeful. Schools want to make sure that they’re identifying disabilities correctly and putting the best possible accommodations in place.
“There’s this perception that special education is the fix for a child’s difficulties,” Rasnake says. “What I try to reassure families is that special education is protection for your child, their rights as a student and your rights as a parent. But there’s no magic behind this wall. It’ll be more intense, more specialized. But it can be discriminatory to label a child with a disability who does not have one. We have to be confident that it’s true.”
“Sometimes in education, things feel very all or nothing,” Rasnake adds. “Each child has their own plan, and they might not need specialized instruction in all areas. Or they might be fully served by a 504 rather than needing an IEP.”
The Role of Parents in 504 Plans and IEPs
For all students with a 504 plan or IEP, parents should think of themselves as an equal member of the team.
“We take the responsibility of educating children with disabilities very seriously,” says Rasnake. ‘But the parent is the child’s first teacher and knows more about them than we will ever know.”
Charlottesville-area parents should feel empowered to explicitly share what they think their child needs. This could be as simple as a seat in the classroom closer to the teacher or help communicating with other students about physical boundaries. Or, it may be a more intense intervention, such as specialized reading instructions or even receiving homebound instruction for a period of time.
“We can do those things for all kids, but we need to know that they need it,” says Rasnake. “And the longer process lets us discover what is really needed and what protections [can help] keep their interventions in place.”
“The parent’s role is to be an expert on a child. Our role is to be an expert on the process. It’s too much to be an expert in everything,” adds Rasnake. “Lean on your case manager, lean on the school counselor. Lean on the people on your team.”
Who to Contact About Special Education and Disability Accommodation in Charlottesville and Albemarle Schools
Not sure where to start the conversation about disability accommodations, or struggling to get what you think your child needs?
Every public school system in Virginia has a designated director who can assist families with accessing services across the division. Contacting that person should be your first step whenever you have a concern about accommodations or specialized instruction for your child.
Albemarle County Public Schools
Ashley Struzik
Director of Special Education
Phone: 434-296-5885
Charlottesville City Schools
Rachel Rasnake
Director of Student Services
Phone: 434-245-2500
“Our goal is to treat every child with a disability with dignity and respect,” Rasnake says. “That includes maintaining confidentiality, supporting families, and supporting the student.”
FAQs About IEPs and 504 Plans in Charlottesville and Albemarle Public Schools
What Is an IEP?
An IEP, or individualized education plan, is a plan for special education. It outlines how, where, and why a student will receive specialized instruction. To qualify for an IEP, students must have one of 13 disabilities, and the disability must impact their education.
IEPs are governed by federal law, but the federal government doesn’t decide what they say. Instead, IEPs are created by teachers and special education experts your school system to meet the individual needs of your child.
What Is a 504?
A Section 504 plan outlines how a school must accommodate a child with a disability. This can be a temporary disability, such as a broken hand, or a permanent disability, such as autism spectrum disorder. The disability must have an impact on a major life activity.
A 504 doesn’t provide special education services. Instead, it makes sure the student’s education, including participating in extracurricular activities, isn’t limited by their disability.
How do I know if my child needs accommodations in school?
Students with temporary or permanent disabilities may be eligible for accommodations under a Section 504 plan or specialized instruction under an individualized education plan (IEP). The requirements for these plans are different. Qualifying for a 504 plan or an IEP depend on:
- How the disability impacts your child’s daily life
- What type of disability it is
- How it affects your child’s education
If you think your child may need accommodations or may need to be evaluated for an IEP, talk to their teacher or counselor. Or, call the director of special education for the school system.
Who can I contact with questions about disability accommodation or special education in Charlottesville City Schools?
Contact Rachel Rasnake, the Director of Student Services for Charlottesville City Schools, at 434-245-2500.
Who can I contact with questions about disability accommodation or special education in Albemarle County Public Schools?
Contact Ashley Struzik, the Director of Special Education for Albemarle County Public Schools, at 434-296-5885.
What should I do if I think my child’s Section 504 plan or IEP needs to be changed?
When it comes to 504 plans and IEPs, a lot can change from year to year, or even from class to class. Eligibility for special education plans is reevaluated every three years. Parents are part of this conversation.
However, you don’t have to wait three years if you have a question or a concern. The goal of a 504 or IEP is to make sure that every student gets the services they need. If it seems like your child no longer needs an IEP, or if they need different accommodations, you can bring that up at any point.
Get more support for your child’s educational journey. Learn more about Albemarle County Public Schools and Charlottesville City Schools. Plus, get tips on choosing the best school for your child, identifying your child’s learning style, and building true college readiness.
Don’t miss local education news: sign up for the CharlottesvilleFamily newsletter. And be sure to meet the local partners who help families thrive in our community.
KATHARINE PALJUG is a freelance writer and novelist who lives in Charlottesville with two busy kids. She is a big fan of public libraries, homemade muffins, and inclusive spaces for queer families.