By Regina Brock
Image description: Rows of wooden desks with wooden chairs. The desks have notebooks on them.
There are two key pieces of legislation that guide special education services in the United States: The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. IDEA is a law that ensures eligible children with disabilities receives a free and appropriate public education. Section 504 provides further protections, prohibiting discrimination against individuals with disabilities. Collectively, these laws are designed to ensure that students with disabilities receive the support they need to access education. Despite these intentions, inequitable access to these supports persist.
Current research has found that some affluent parents and families have taken advantage of these systems, specifically through request for accommodations through Section 504. As a school clinician, I along with the team- including the family - must determine if these accommodations are a needed component for their child’s education. Unlike IDEA, Section 504 has less stringent guidelines and eligibility can be supported with outside physician and educator documentation.
How does power and privilege play a role in this? Why shouldn’t parents use their resources to support their child’s education outcomes? The issue lies in the broader context of implementing these services. Affluent families have found ways to extend this legislation beyond its intended scope. These families often have greater access to private evaluations and advocacy, where low-income families may not be able to afford, have the time, or access to these critical resources. Additionally, time used to support these students who may not necessarily need the services can detract from the time of students who cannot manage without this support.
As an aspiring School Psychologist, my role is to ensure each student is provided with a free and appropriate education (FAPE). Yet, the reality is that I cannot dictate what parents feel are a need for their child, even when those needs may not align with the purpose of these systems. Adding to this, as a black woman in the field, my expertise can often come under scrutiny where it otherwise may not. So, where do we go from here? How can we make special education more accessible and equitable for all students?
Ensure parents are well informed: Clearly communicate the purpose of accommodations and how they are used to meet the child’s specific educational needs.
Provide alternatives supports: Offer families additional support, such as referrals to school or community based mental health services, to address underlying issues such as anxiety.
Educate school professionals: Dedicate time to discuss power imbalances in the implementation of 504 so that we can make more informed decisions in collaboration with families.
For further information, please feel free to visit the links below:
https://mihsislander.org/5771/features/504-plans-data-suggests-wealth-threatens-educational-equity/
https://eric.ed.gov/?id=ED628826
https://nepc.colorado.edu/publication-announcement/2023/06/504-plan
