IEP, 504 and Learning Plans: Private vs Public School

Short answer: public schools in California must follow federal special education law (IDEA) and Section 504, which is where IEPs and 504 plans come from. Private schools are generally not bound the same way. Many offer their own learning plans or informal supports, and a public school district may still have duties to private school students in some situations. The rules depend on the school, so ask your teen’s school directly how it supports students with learning differences.

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This page is general information for families, not legal advice. For questions about your rights in a specific situation, talk with your school district, the school, or a qualified education attorney or advocate.

Who this guide is for

Parents of teens in private and independent high schools, Catholic high schools, boarding schools and college prep schools in Southern California, and families weighing a move between public and private school. If your teen had an IEP or 504 plan in public school and is starting at a private school (or the other way around), this is a good place to start.

The three terms, side by side

IEP (Individualized Education Program)

An IEP is a written plan under the federal Individuals with Disabilities Education Act (IDEA). In public schools, a student who qualifies for special education gets an IEP that spells out services, goals and supports. It is developed by a team that includes the parents.

504 plan

Section 504 of the Rehabilitation Act is a civil rights law. It prohibits disability discrimination by any entity that receives federal financial assistance. Public schools often use a written 504 plan to describe accommodations such as extra time, preferential seating or breaks for a student who does not need special education. See the U.S. Department of Education Office for Civil Rights FAQ on disability discrimination.

Learning plan (or support plan)

“Learning plan” is not a legal term. Many private schools use this or a similar name for their own written list of supports, such as extended time on tests or access to a learning specialist. What is included, and how it is reviewed, is up to the school.

How private schools are different

Section 504 depends on federal funding. The Office for Civil Rights explains that Section 504 covers entities that receive federal financial assistance. It also notes that some private schools receive no federal assistance, and Section 504 does not apply to them (OCR FAQ).
Even when it applies, the private school standard is narrower. The Department of Education’s Section 504 regulation for private elementary and secondary education speaks of students who can be served “with minor adjustments” in the school’s program (34 CFR 104.39). That is different from what public schools must provide.
A private school chosen by parents does not write an IEP. When parents choose a private school, the U.S. Department of Education says the student does not have an individual right to all the special education services they would receive in public school (U.S. Department of Education IDEA questions and answers on private school placements).

What the public school district may still do

Under IDEA, the public school district where a private school is located has ongoing “child find” duties: it must locate, identify and evaluate private school students who may have disabilities, regardless of where the student lives. Parents can ask that district for an evaluation. If the district designates a student for services, it writes a services plan, which covers only the services the district chooses to offer, rather than a full IEP. The California Department of Education page on equitable services and the federal Q&A above describe this in detail.

Parents can also ask the district where they live about making a free appropriate public education available if they are considering public school.

Questions to ask your teen’s school

Does the school offer a written learning or support plan, and how is it created and reviewed?
What documentation does the school need to put supports in place?
Which accommodations are available for classroom tests and finals?
Who coordinates requests for College Board and ACT accommodations?
Has the school worked with the local public school district on evaluations or services for other students?

Testing accommodations on the SAT, AP Exams and ACT are decided separately by those organizations. Our guide to SAT, ACT and AP testing accommodations explains how documentation fits in.

Where Blackburn Clinical Services can help

We do not decide school placements or eligibility, and we do not give legal advice. What we can offer is clinical support for the teen in the middle of it:

ADHD and neuropsychological testing that can help a family and school understand how a teen learns.
One-on-one therapy in our Mar Vista office or by secure video (for clients located in California) for anxiety, low mood or stress that often comes with school struggles.
Family sessions to help parents and teens get on the same page.
Documentation for your teen’s school when clinically appropriate, shared only with your written permission.

We are open Monday to Friday, 9 AM to 5 PM, with flexible scheduling within those hours.

When to get help right away

If your teen talks about hopelessness, self-harm or suicide, call or text the 988 Suicide and Crisis Lifeline. If someone is in immediate danger, call 911.

Questions

Do private schools in California have to provide a 504 plan?

It depends. The U.S. Department of Education Office for Civil Rights explains that Section 504 applies to entities that receive federal financial assistance, and that it does not apply to private schools that receive none. Even where it applies, the private school standard is narrower than for public schools. Ask your teen’s school how it handles accommodations.

Can my teen have an IEP at a private school?

When parents choose a private school, the school does not write an IEP under IDEA. The public school district where the private school is located must look for and evaluate private school students who may have disabilities, and if it designates a student for services it writes a services plan, which is more limited than an IEP.

What is a private school learning plan?

It is a school’s own written list of supports, such as extended time or access to a learning specialist. It is not a legal term, and what it includes is up to the school.

Can I ask the public school district to evaluate my private school student?

Yes. Under IDEA, parents can request an evaluation from the district where the private school is located. The California Department of Education and the U.S. Department of Education describe this process.

Is this page legal advice?

No. It is general information. For decisions about your rights, talk with your school district, your teen’s school, or a qualified education attorney or advocate.

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