Finding out your child has a disability can feel overwhelming, but you're not alone. There are laws in place to support your child’s needs in school, and as a parent, you have the power to advocate for them. In this guide, we’ll walk through the steps of getting either an IEP (Individualized Education Program) or a 504 Plan, so you can ensure your child receives the support they deserve.
Step 1: Request an Evaluation
If your child has a disability and needs support, the first step is to request an evaluation from your school district. This formal process determines whether your child qualifies for an IEP or a 504 Plan.
How to do it:
Submit a written request to the school’s principal or special education coordinator. Be sure to include details about your child’s struggles and why you believe an evaluation is necessary.
The school will either agree to evaluate or provide a written explanation of why they won’t. If they refuse, you can respond with another letter or seek an outside evaluation.
Pro Tip: Mention that you’re requesting an evaluation under the Individuals with Disabilities Education Act (IDEA) or Section 504. Schools are legally obligated to respond promptly.
Step 2: Participate in the Evaluation Process
Once the school agrees to evaluate your child, they will conduct various tests and observations to assess your child’s needs. This process can take time, so be patient but remain actively involved.
What to expect:
The evaluation will assess academic, emotional, and physical aspects of your child’s education.
You may be asked to provide information about your child’s medical history and school-related struggles.
As a parent, you're a key member of the team. Don't hesitate to ask questions or request clarification.
Step 3: Review the Results
After the evaluation, the school will hold a meeting to review the results and determine if your
child qualifies for an IEP or a 504 Plan.
For an IEP: If your child qualifies, the team (including you) will develop an individualized
education plan that outlines specific goals and services.
For a 504 Plan: If your child qualifies, the school will create a list of accommodations
that allow your child to access the general education curriculum.
Step 4: Develop the IEP or 504 Plan
Once eligibility is determined, the next step is to develop the IEP or 504 Plan.
For an IEP: The team will meet to design a plan detailing the services your child will
receive, such as specialized instruction, speech therapy, or behavioral supports.
For a 504 Plan: The plan will focus on accommodations like extended time on tests,
preferential seating, or assistive technology.
Pro Tip: Make sure the goals are realistic and that you fully understand the accommodations or services provided. This plan is the blueprint the school will use to support your child. If something is missing from the plan, it likely won’t be implemented.
Step 5: Implement the Plan
With the plan in place, your child will begin receiving the necessary support. It’s important to maintain communication with the school to ensure the plan is followed.
What you can do:
Attend follow-up meetings and stay informed about your child’s progress.
Keep open communication with your child’s teachers and school staff.
If something isn’t working, don’t hesitate to request changes.
Step 6: Re-Evaluation and Adjustments
An IEP must be reviewed at least once a year, while a 504 Plan is reviewed periodically to ensure it’s still effective. You can request changes at any time to either an IEP or a 504 plan.
Step 7: Enforcing Your Child’s IEP or 504 Plan
Once the plan is in place, it’s vital to ensure the school is following through. If the school is not implementing the IEP or 504 Plan as agreed, you have the right to take action.
How to enforce the plan:
Document everything: Keep records of meetings, emails, and any instances where the
school fails to follow the IEP or 504 Plan. This documentation will be critical if the issue
escalates.
Meet with the school: Request a meeting with the IEP or 504 team to discuss
concerns. Many issues can be resolved through communication.
File a complaint for a 504 Plan: If the issue persists, you can file a complaint with the
Office for Civil Rights (OCR) for violations of the 504 Plan. Schools are legally required
to follow these plans, and corrective actions can be enforced if they fail to comply.
Request a Due Process Hearing for an IEP: If the school isn’t following the IEP, you
may need to file a due process complaint. It’s often beneficial to consult with a special
education attorney, who can help file the complaint and represent your interests during the hearing. The hearing is a formal process where an impartial officer will listen to both sides and make a decision regarding your child’s educational plan.
Don’t be afraid to stand your ground. You are your child’s best advocate, and their rights are protected by law. If something isn’t right, push for the services and accommodations your child needs. To speak with a member of our legal team, fill out the Contact Us form at IEPDefenders.com or call 743-IEP-HELP to schedule a free consult.
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