“Ask a Professional” Merrill Palmer Skillman Institute Project /Wayne State University : Students with Disabilities Rights

Posted by Brad Dembs, JD | Aug 14, 2026 | 0 Comments

1.     Does my child need a diagnosis to receive accommodations in school? 

No. The school is required to evaluate any student they suspect of having a disability to determine whether the child should be eligible for special education. Having a diagnosis to share with the school should be helpful in providing relevant information and giving the school a clear reason to consider eligibility. But the main focus and drive for determining special education needs should be the impact on the child's educational performance. That means academics but also social, emotional, behavioral, and functional performance in school. 

It's also worth noting, your child can get accommodations even if they're not eligible for special education if the accommodations are needed to provide equal access to their education. Here too, a diagnosis can be very helpful in making the case for why accommodations are needed.

Can I request that my child be evaluated for special education? 

Yes. If your child is struggling in any way in school – grades, behavior, socially, etc. – you should request that the school evaluate to determine if they are eligible for special education. You should put that request, and a majority of your communications with the school, in writing by email. Once you make a request, the school must respond and schedule a meeting where they will discuss your request and what evaluations they plan to complete. Once you consent to the evaluations, the school has 30 school days to complete evaluations and either notify you that your child is eligible or not. If they are eligible for special education, the school must hold a meeting to develop an Individualized Education Plan (IEP).

If my child is eligible for special education, what is the school required to provide?

The standard of what your child is entitled to under the law is called a Free Appropriate Public Education or “FAPE”. But what is “appropriate”? The Supreme Court has ruled that an IEP has to be reasonably calculated to enable a child to make appropriate progress in light of their unique circumstances. The child's IEP has to be ambitious and give the child a chance to meet challenging objectives. What is meaningful progress specifically for any one child depends on many factors including their levels of functioning and needs. Some examples of what an IEP should include are: measurable goals that drive specialized instruction and related services (could be resource room for reading, weekly one-on-one social work services) as well as accommodations. 

What is the difference between an IEP and a 504 Plan? 

 An Individualized Education Plan (IEP) is a robust document that you can think of as a roadmap for the education of a child with a disability. It describes the student's current functioning in all relevant areas (academic, functional, social, emotional, etc.), provides goals for reasonable growth and achievement in all areas of deficit over the course of a year, and includes specific services (i.e. social work, speech-language, occupational therapy, etc.), supports, accommodations, and placement necessary to allow the student to meet those goals. 

By contrast, a 504 Plan is a more limited document. It can be thought of as a list of accommodations for a student with disabilities and when/where those accommodations should be provided throughout the school day. Just as accommodations do not typically teach students new skills, a 504 Plan is not focused on growth or development like an IEP. A 504 Plan is best used for students who need some help to be able to benefit from their education, but who don't need special education or related services. 

About the Author

Brad Dembs, JD

ATTORNEY & COUNSELOR AT LAW | Brad's passion for championing the rights of individuals started in his teens as a camp counselor serving children with disabilities and has carried him all the way to the Sixth Circuit Court of Appeals – the second highest court in the United Sta...

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