SPECIAL EDUCATION IEP AND 504 PLAN ADVOCACY GUIDE

A Parent's Guide to Getting Services for Your Child

WHAT IS THIS GUIDE FOR?

This guide helps parents navigate the special education system to get services for their child. It covers:
- The difference between IEPs and 504 Plans
- How to request an evaluation
- How to participate effectively in meetings
- What to do when you disagree with the school

UNDERSTANDING YOUR OPTIONS: IEP VS. 504 PLAN

IEP (Individualized Education Program)

Law: Individuals with Disabilities Education Act (IDEA)

Eligibility:
- Child has one of 13 disability categories
- Disability adversely affects educational performance
- Child needs specially designed instruction

What It Provides:
- Free Appropriate Public Education (FAPE)
- Specially designed instruction
- Related services (speech, OT, PT, counseling)
- Annual goals and progress monitoring
- Transition planning (starting at age 16)
- Extended school year (if needed)

13 IDEA Disability Categories:
1. Autism
2. Deaf-blindness
3. Deafness
4. Emotional disturbance
5. Hearing impairment
6. Intellectual disability
7. Multiple disabilities
8. Orthopedic impairment
9. Other health impairment
10. Specific learning disability
11. Speech or language impairment
12. Traumatic brain injury
13. Visual impairment

504 Plan

Law: Section 504 of the Rehabilitation Act

Eligibility:
- Child has physical or mental impairment
- Impairment substantially limits one or more major life activities
- Broader definition than IDEA

What It Provides:
- Equal access to education
- Accommodations and modifications
- May include some services
- Less formal than IEP

Common 504 Conditions:
- ADHD (if not eligible for IEP)
- Anxiety
- Depression
- Diabetes
- Allergies
- Asthma
- Temporary disabilities

Quick Comparison

STEP 1: REQUESTING AN EVALUATION

If you suspect your child has a disability affecting their education, request an evaluation in writing.

Sample Evaluation Request Letter

Date: [__/__/____]

To: [Principal or Special Education Director Name]
[School Name]
[Address]

Re: Request for Special Education Evaluation
Student: [Child's Name]
Date of Birth: [__/__/____]
Grade: [____]

Dear [Name]:

I am writing to formally request that [Child's Name] be evaluated for special education services under the Individuals with Disabilities Education Act (IDEA) and/or for a 504 Plan under Section 504 of the Rehabilitation Act.

Concerns About My Child:

I have concerns in the following areas:
☐ Academic performance (reading, writing, math)
☐ Attention and focus
☐ Behavior
☐ Social skills
☐ Speech and language
☐ Motor skills
☐ Sensory processing
☐ Emotional regulation
☐ Other: [________________________________]

Specific Examples:
[Describe specific concerns with examples]

Evaluation Areas Requested:

I request a comprehensive evaluation in all areas of suspected disability, including:
☐ Academic achievement
☐ Cognitive/intellectual functioning
☐ Speech and language
☐ Occupational therapy
☐ Physical therapy
☐ Social-emotional/behavioral
☐ Functional behavior assessment
☐ Assistive technology
☐ Other: [________________________________]

Please send me the evaluation consent forms within 15 school days as required by law. I understand I have the right to an independent educational evaluation at public expense if I disagree with the school's evaluation.

Please contact me at [phone] or [email] to discuss next steps.

Sincerely,

[Your Signature]
[Your Name]
[Your Address]
[Your Phone]
[Your Email]

cc: [Keep a copy for your records]

After You Request an Evaluation

Timeline:
1. School has 15 school days to respond (varies by state)
2. You must give written consent before evaluation
3. Evaluation must be completed within 60 days of consent (or state timeline)
4. Eligibility meeting held to determine if child qualifies

Your Rights:
☐ Receive notice of evaluation procedures
☐ Give or withhold consent
☐ Request independent evaluation if you disagree
☐ Receive copy of evaluation report

STEP 2: THE ELIGIBILITY MEETING

After evaluation, the team meets to determine if your child is eligible.

Who Attends

• You (parent/guardian)
• Regular education teacher
• Special education teacher
• School administrator
• Person who can interpret evaluation results
• Other specialists as needed
• Anyone you invite (advocate, support person)

Preparing for the Meeting

☐ Request copies of all evaluation reports BEFORE the meeting
☐ Review reports carefully
☐ Write down questions
☐ Bring your documentation (report cards, work samples, outside evaluations)
☐ Consider bringing a support person or advocate

During the Meeting

☐ Take notes or record (notify school in advance if recording)
☐ Ask questions about anything unclear
☐ Share your observations and concerns
☐ Request written summary of decisions
☐ Don't feel pressured to agree on the spot

If Found Eligible

Proceed to IEP development (or 504 Plan meeting).

If Found Ineligible

You have options:
1. Request the decision in writing with reasons
2. Provide additional documentation
3. Request independent evaluation at public expense
4. File for mediation or due process

STEP 3: DEVELOPING THE IEP

If your child is eligible for special education, an IEP must be developed.

Required IEP Components

1. Present Levels of Performance
   - How disability affects education
   - Current academic and functional performance

2. Annual Goals
   - Measurable goals
   - Benchmarks or short-term objectives (for some students)

3. Special Education Services
   - What services will be provided
   - How often, how long, where

4. Related Services
   - Speech therapy, OT, PT, counseling, transportation, etc.

5. Accommodations and Modifications
   - Changes to how child learns or is tested

6. Participation in General Education
   - Extent child will be with non-disabled peers

7. Assessment Participation
   - How child will participate in state testing

8. Transition Services (age 16+)
   - Goals for after high school
   - Services to help reach those goals

Preparing for the IEP Meeting

Before the Meeting:
☐ Request draft IEP in advance (if school prepares one)
☐ Review all evaluation data
☐ Write your goals for your child
☐ List services you believe child needs
☐ Gather supporting documentation
☐ Consider inviting an advocate

Questions to Ask:
- How will my child's progress be measured?
- How often will I receive progress reports?
- What happens if goals aren't met?
- What training do staff have?
- How will services be delivered (push-in, pull-out)?
- What accommodations will be provided for testing?

During the Meeting

☐ Share your perspective as the parent
☐ Ask questions about proposed goals and services
☐ Request data to support recommendations
☐ If you disagree, state your concerns clearly
☐ Request additional time if needed (you don't have to sign same day)
☐ Get everything in writing in the IEP

Signing the IEP

You can:
- Sign in agreement
- Sign with written exceptions (partial agreement)
- Decline to sign and request changes
- Request another meeting

Important: Never sign if you don't agree. Your signature means you consent.

STEP 4: MONITORING IMPLEMENTATION

Your job doesn't end when the IEP is signed.

Track Progress

☐ Request and review progress reports
☐ Keep copies of all work samples
☐ Communicate regularly with teachers
☐ Note any concerns in writing

If Services Aren't Being Provided

1. Document specific concerns
2. Request meeting with teacher/case manager
3. Put concerns in writing to school administrator
4. Request IEP meeting to address non-implementation
5. Consider filing complaint if not resolved

Annual IEP Review

• IEP must be reviewed at least annually
• You can request a meeting at any time
• Three-year re-evaluation required (can waive if agree)

504 PLAN PROCESS

Requesting a 504 Plan

Send a written request similar to the IEP evaluation request.

504 Plan Meeting

• Less formal than IEP meeting
• Team determines eligibility and accommodations
• No specific timelines required by law (check district policy)

Common 504 Accommodations

Academic:
☐ Extended time on tests
☐ Preferential seating
☐ Reduced homework/classwork
☐ Breaks during class
☐ Copies of notes
☐ Use of calculator or word processor
☐ Modified assignments

Environmental:
☐ Quiet testing location
☐ Sensory breaks
☐ Access to water/snacks
☐ Use of fidget tools

Behavioral/Social:
☐ Check-ins with counselor
☐ Behavior plan
☐ Social skills support
☐ Scheduled movement breaks

WHEN YOU DISAGREE WITH THE SCHOOL

You have several options to resolve disputes:

Option 1: Informal Resolution

• Request meeting with teacher, administrator
• Put concerns in writing
• Try to work together

Option 2: IEP Facilitation

• Some states offer free facilitators
• Neutral person helps run the meeting
• Non-adversarial approach

Option 3: Mediation

• Free through your state
• Trained mediator helps reach agreement
• Voluntary for both parties
• Confidential
• Any agreement is binding

Option 4: State Complaint

• File written complaint with state education agency
• Allege violation of IDEA
• State investigates and issues findings within 60 days
• Can order corrective action and compensatory services

Option 5: Due Process Hearing

• Formal administrative hearing
• Like a mini-trial
• Impartial hearing officer decides
• Can present evidence and witnesses
• Decision is binding (can be appealed to court)
• Consider hiring an attorney

Resolution Session

If you file for due process, a resolution session is required:
- School must convene within 15 days
- Attempt to resolve dispute
- If resolved, agreement is binding
- If not resolved, proceed to hearing

SAMPLE CONCERN LETTER

Use this format to document concerns in writing:

Date: [__/__/____]

To: [Teacher/Administrator Name]
[School Name]

Re: Concerns About IEP Implementation
Student: [Child's Name]

Dear [Name]:

I am writing to express concerns about [Child's Name]'s education.

My Concerns:

1. [Specific concern with details and dates]

2. [Specific concern with details and dates]

What I Have Observed:

[Describe what you've seen at home, what your child has reported, etc.]

What I Am Requesting:

☐ Meeting to discuss concerns
☐ Review of current services
☐ Additional evaluation
☐ IEP amendment
☐ Other: [________________________________]

Please respond in writing within 5 school days.

Sincerely,

[Your Signature]
[Your Name]
[Your Phone]
[Your Email]

FREE RESOURCES AND HELP

Parent Training and Information Centers (PTIs)

Every state has at least one PTI providing free help to parents:
- Training on special education rights
- Help preparing for IEP meetings
- Information about the process

Find your PTI: www.parentcenterhub.org/find-your-center

Protection and Advocacy Organizations (P&As)

Free legal advocacy for people with disabilities:
- Advice and information
- May represent in disputes

Find your P&A: www.ndrn.org/about/ndrn-member-agencies

State Education Agency

Your state education department has:
- Special education information
- Complaint procedures
- Parent guides

Other Resources

• Center for Parent Information and Resources: www.parentcenterhub.org
• Wrightslaw: www.wrightslaw.com (special education law)
• Learning Disabilities Association: ldaamerica.org

DOCUMENTATION CHECKLIST

Keep organized records of everything:

Documents to Save

☐ All evaluation reports
☐ All IEPs (current and past)
☐ Progress reports
☐ Report cards
☐ Work samples
☐ All correspondence with school
☐ Meeting notices and summaries
☐ Discipline records
☐ Attendance records
☐ Outside evaluations and reports
☐ Medical/therapy records

Communication Log

KEY DATES TRACKER

Evaluation

Evaluation requested: [__/__/____]
Consent given: [__/__/____]
Evaluation due: [__/__/____]
Eligibility meeting: [__/__/____]

IEP

Current IEP date: [__/__/____]
Annual review due: [__/__/____]
Three-year re-evaluation due: [__/__/____]

504 Plan

Current 504 date: [__/__/____]
Review due: [__/__/____]

SOURCES AND REFERENCES

• IDEA (Individuals with Disabilities Education Act): 20 U.S.C. § 1400 et seq.
• Section 504: 29 U.S.C. § 794
• Center for Parent Information and Resources: www.parentcenterhub.org
• U.S. Department of Education, IDEA: sites.ed.gov/idea
• Wrightslaw: www.wrightslaw.com

This guide is for informational purposes only and does not constitute legal advice. Special education law is complex. Free help is available through Parent Training and Information Centers and Protection and Advocacy organizations. For complex disputes, consider consulting with a special education attorney.