Families often come to us with questions about their child’s rights, the school’s obligations, and what working with an education attorney looks like. The answers below provide a brief overview, and we’re glad to discuss your situation in more detail.
A 504 plan has broader eligibility criteria and requires less detailed documentation, which can be easier to qualify for. If your child has been denied an IEP, they may qualify for accommodations or services under Section 504.
However, if your child is eligible for special education under the IDEA and is offered an IEP and you turn those services down, the school does not have to provide a 504 plan for your child.
An IEP ends at graduation or when your child ages out of the public school system. While your child’s 504 plan may not directly transfer to their college, Section 504 protections continue at colleges receiving federal funds. To continue receiving accommodations in higher education, the college/university may require a separate procedure to request accommodations and ask for an updated evaluation at your expense.
But something to keep an eye on: Congress has recently introduced the Respond, Innovate, Succeed, and Empower (RISE) Act to ease the transition from K-12 special education to higher education. If passed, colleges and universities would accept previous IEPs, 504 plans, or past evaluations and not require expensive new evaluations. We will continue to monitor the bill’s progress and let you know on our blog and social media if it does pass and what that means for your child!
Under federal Child Find mandates and Virginia Special Education Regulations, a school must evaluate a child for an IEP or 504 plan if a disability is suspected. However, if the school denies your request for an evaluation, the team must provide you with a Prior Written Notice (PWN), explaining why they refused to evaluate, what data was used, and why they do not suspect a disability.
No. Both plans fall under a legal right to a Free Appropriate Public Education (FAPE), meaning special education in public schools should come at no cost to parents.
Yes, in Virginia, parents can request a special education evaluation for their child at any time. You do not ned to wait for the school to suggest it. You should send the request via email or mail to the school’s special education administrator or local district office.
A Functional Behavioral Assessment (FBA) is an evaluation used to identify the reasons behind a student’s challenging behavior. It looks at patterns, triggers, and the function the behavior may serve.
A Behavior Intervention Plan (BIP) is developed based on the results of the FBA. It outlines specific strategies, supports, and interventions designed to address the behavior and help the student succeed in the educational setting.
An Independent Educational Evaluation (IEE) may be appropriate if you disagree with the school’s evaluation of your child or believe it does not fully capture your child’s needs. Under IDEA, parents have the right to request an IEE at public expense in certain circumstances.
An IEE can provide additional information about eligibility, services, placement, or specific learning needs and may help clarify what supports are necessary for the student to access a Free and Appropriate Public Education.
An Individualized Education Program (IEP) should clearly describe the student’s present levels of performance, measurable annual goals, and the specific services and supports the school will provide. It should also outline how progress will be measured and reported.
An effective IEP reflects the student’s unique needs and ensures that services are designed to support meaningful educational progress in the least restrictive environment.
While uncontested guardianships are often more straightforward than disputed cases, they still involve formal legal requirements and court procedures. Legal guidance can help ensure filings are complete, deadlines are met, and the order reflects the individual’s needs.
In uncontested cases, the process typically involves preparing and filing a petition with the court, providing required notice, submitting supporting documentation, and attending a hearing. Even when all parties agree, the court must review the request to ensure the arrangement is appropriate and legally supported.
A power of attorney allows an individual to voluntarily grant decision-making authority to another person. Guardianship, by contrast, is established through a court process when an individual is not legally able to grant that authority themselves. The appropriate option depends on the person’s capacity and specific circumstances.
An uncontested guardianship is a court-approved arrangement in which a guardian is appointed for an adult with disabilities when there is agreement among the involved parties. Families often consider guardianship when a child approaches age 18 and may not be able to manage certain personal, medical, educational, or financial decisions independently. It can also arise during transitions into adult services or long-term planning.
Yes. Many issues can be resolved through meetings, written requests, plan revisions, or mediation. We advise families on options and timing before taking formal legal steps.
Helpful materials include your child’s current IEP or 504 Plan, evaluations, meeting notes, disciplinary notices, report cards, and any relevant school communication. If you don’t have these items yet, we’ll guide you through how to request them.
Yes. Restraint and seclusion are tightly regulated, and schools must follow state and federal guidelines, report incidents, and review behavior plans. We can assess whether the school complied with legal requirements and work with families to address safety and support needs.
Yes. We represent students in short-term and long-term suspension hearings, administrative hearings, and appeals.
Students with disabilities have specific protections under federal law. For certain removals, schools must hold a Manifestation Determination Review (MDR) to determine whether the behavior was related to the student’s disability. We can help families understand the process and represent students during suspensions, MDRs, hearings, and appeals.
Yes. We review the school’s rationale, assess implementation, and help families respond if services or accommodations are reduced, removed, or inconsistently applied.
To qualify, a student must have a disability that substantially limits a major life activity, such as learning, reading, concentrating, or behavior regulation. We assist families in understanding eligibility decisions and navigating school responses.
Eligibility is based on evaluations, disability category, and whether the disability affects learning or access. IEPs require both a qualifying disability and a need for specialized instruction. We can help families understand evaluations, eligibility decisions, and next steps.
You can request the school’s written explanation, review the evaluation data, and ask for an Independent Educational Evaluation (IEE) if needed. Our firm can help you understand the basis for the decision and explore options, including additional evaluations or dispute resolution processes.
Yes. We help families prepare for meetings, review documents, and participate when appropriate. We support 504 meetings and IEP meetings.
IDEA provides special education services through an Individualized Education Program (IEP), while Section 504 provides accommodations that ensure access to learning. Both protect students with disabilities, but IDEA is more specialized and includes detailed procedural rights. IEPs provide specialized instruction; 504 Plans ensure access through accommodations. Students who do not qualify for an IEP may still qualify for a 504 Plan.
