IEPs And 504 Plans As ‘Reasonable Accommodation’ For Disability
The formation of an Individualized Education Program (IEP) or 504 plan can be a painstaking process. Once created, these plans can provide the necessary framework for your child to get the most out of his or her education. When schools fail to honor these plans, it can endanger a student’s well-being and feel like a betrayal. At Costello & Mains, LLC, our New Jersey attorneys fight to protect the rights of students.
Although we do not represent families in obtaining or altering 504s or IEPs, we do use state anti-discrimination and civil rights laws to hold schools accountable for the damages (both economic and otherwise) that attend the failure of a school to honor an IEP or 504 already in place.
A 504 or IEP would be in place either as the result of an agreement between the parents and the school or because a judge ordered it. Either way, such an accommodation is, on its face, reasonable. Since the New Jersey Law Against Discrimination requires that reasonable accommodation be given to students with disabilities, our position as a firm is that a student may use anti-discrimination law to deal with the economic, emotional and other damages that result from a failure to afford those accommodations embodied by IEPs and 504s.