Determining if a student with an individual health plan (IHP) needs a Section 504 plan can be a complex calculation, especially if the student’s parents have not yet asked for a Section 504 evaluation.
Hodges Loizzi partner Michelle Todd provided insight on when school districts should implement a Section 504 plan for a student with an IHP in a recent Special Ed Connection article.
In the article, “Here’s how to determine if a student with IHP needs a Section 504 plan,” Michelle explains it may not be necessary for school districts to accommodate students with a Section 504 plan, so long as the parent is satisfied with the student’s IHP. However, she also shared that a rising number of districts are swaying towards Section 504 plans only.
“We are seeing far more districts moving to just the Section 504 process and 504 plans for students who have medical conditions when historically they would have looked at an IHP,” Michelle said. “With the Department of Education and Office of Civil Rights taking a really expansive definition of disability and eligibility under Section 504, the trend is moving towards Section 504 eligibility for students that present with medical conditions.”
For more information, the article can be found here.
Michelle is a member of the firm’s Management Committee, focusing her practice in special education and student matters. She has extensive experience working with clients on IDEA and Section 504 disputes, including special education mediations and due process hearings, the development and implementation of IEPs and Section 504 plans, and accommodating students in all educational settings.