Navigating the World of IEPs/504s: How to Get Started and Knowing What to Ask For
Parents often have a variety of questions regarding Individualized Education Programs (IEPs). Our goal is to provide information on a few of these frequently asked questions.
Leah Dunleavy, M.A., BCBA, OTR/L, OTD, is the Clinic Director at Eyas Landing, a multidisciplinary outpatient clinic specializing in sensory integration. Dr. Dunleavy has worked in a variety of settings to advocate for students receiving their needed supports in the school setting, sensory integration to manage challenging behaviors, and leadership and management.
1. What is an IEP?
An IEP is a legal document outlining the supports and services a student’s needs in order to access their curriculum. Under the Individuals with Disabilities Education Act (IDEA), public schools are required to find and evaluation children with disabilities at no cost to families; children have the right to free appropriate public education (FAPE) though an IEP. The IEP is tailored to a child’s unique needs.
2. Why does my child need an IEP?
IEPs provide detailed information on your child’s academic, functional skill, and social emotional needs. IEPs allow modifications of the curriculum so that your child can fully access their learning. Modifications can include working with a special education teacher who understands diverse learning needs; related services, such as occupational therapy and/or speech therapy; accommodations, such as changes in the classroom to meet your child’s learning needs, and assistive technology, such as tools that help your child work around their barriers to learning.
3. What’s the difference between a 504 and IEP?
Below outlines the differences nicely. This typically relates to most children in ‘What is typically included?’ If a child does not qualify for special education services nor services from a speech language pathologist, they still may benefit from accommodations, modifications, and other related services (I.e. occupational therapy, physical therapy, social work, nursing). A 504 can cover these supports the student still needs.
4. What is the IEP process?
Step 1: Child is identified as needing special education and/or related services. A school professional or parent can refer or request an education for a child. The request should be in writing to the school’s case manager. The school has 15 school days to respond to any requests.
Step 2: School team holds a domain meeting. A domain meeting is a meeting with all school providers, including the case manager, psychologist, social worker, occupational therapy, speech language pathologist, physical therapist, and nurse, and parent. This meeting determines which disciplines will evaluate the child to determine the child’s eligibility for services. Parent consent is needed before the evaluation is completed.
Step 3: Child is evaluated: Following the domain meeting and parent signature, the school team has 60 school days to evaluate the child before convening for the IEP eligibility meeting. A copy of all evaluations must be sent to the parent at least 3 days before the meeting. If a parent disagrees with the evaluation, they have a right to take their child or an Independent Educational Evaluation (IEE), and can ask the school system to pay for this IEE.
Step 4: Eligibility is decided: During this eligibility meeting, the psychologist will typically review his/her report first to outline psychological and academic testing. This will lead to the psychologist determining eligibility based on one of thirteen categories (Autism, Blindness, Deafness, Emotional
Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, or Visual Impairment). If the psychologist or speech language pathologist finds the child eligible for special education services, this ‘opens up’ the IEP. (If the child is found not eligible for special education services nor speech services, the team discusses 504 options.) All other disciplines review their report and findings, and outline eligibility for related services.
Step 5: IEP Meeting is scheduled and held: The school has 30 calendar days to write and complete the IEP, and provide a draft of the IEP to the parent. The school must provide written notice at least 7 days prior to the IEP meeting with the location and time of the meeting. Typically, schools will hold the eligibility and IEP meetings on the same day. Parents have the right to invite individuals who know their child well and have expertise related to their child to the IEP meeting. Parents must sign consent at the end of the meeting for services to commence. Parents will receive a copy of the IEP.
If parents do not agree with the IEP and placement, parents are encouraged to express their concerns with the IEP team and work out an agreement. If disagreement continues, parents can request mediation; if disagreement continues, parents have the right to request a due process hearing,
Step 6: Services are provided: The school ensures that the child’s IEP is carried out. All service providers have access to the IEP .
Step 7: Progress is measured and reported to parents: This is typically done quarterly. Service providers comment on progress toward IEP goals in the child’s report card.
Step 8: IEP is reviewed: IEPs are reviewed annually. Parents can call an IEP revision meeting at any time. This annual meeting is an opportunity to collaborate with the service providers on goals, accommodations, modifications, services, and carrying over skills to other settings.
Step 9: Child is reevaluated: At least every three years, children are re-evaluated to determine re-eligibility for the IEP. If the team or parent recommends a difference placement for the child, a re-evaluation can occur sooner than three years.
5. Who’s a part of the IEP team?
Parents, general education teacher, special education teacher, school district representative, related service providers (school psychologist, occupational therapist, speech language pathologist, physical therapist, social worker, school nurse), and your child (beginning at age 14 to develop the transition plan)
6. When should an IEP be provided?
After your child ages out of early intervention
If your child is older and has been attending school, the school team will need to take data on the child’s progress for implementing Response To Intervention (RTI). The purpose of RTI is to provide focused intervention by general education teachers. This allows educators to intervene prior to a special education referral. When these interventions are ineffective or extremely slow, the school team will refer a child for an IEP evaluation. The data taken during RTI will be used to inform the IEP team of the child’s areas of needs.
7. Who should I contact if I’d like to get my child an IEP?
My child is enrolled in a public school: Contact your school’s case manager by writing a letter (or email) stating you’d like your child to be evaluated for an IEP and explain what your child’s needs are.
My child is enrolled in a private school or not attending school: Contact privateschoolevals@cps.edu. Include a letter on why your child requires support, along with any documentation you have, including evaluations from service providers, psychologists, and data from teachers.
8. What can I do to prepare for an IEP meeting?
Ask for a draft of the IEP a week before the meeting to thoroughly read through the IEP.
Consult with your child’s teachers and/or service providers prior to the meeting to discuss what’s been going well and areas needing support.
Come in with 1-2 areas you think are the most important that you want to advocate for. This could be making sure a service provider remains on the team, increasing minutes for special education minutes in the classroom, starting the process for an assistive technology evaluation or adding use of assistive technology into the IEP, etc.
9. What can I get for my child in an IEP?
As a member on the team, you can advocate for anything you think is important and relevant for your child. It is important to be realistic about what you’re advocating for though. For example, if your child has difficulty with expressive language, asking for 2 hours a week will most likely not be feasible. Instead, push for an increase in consultation minutes with the Speech Language Pathologist, Special Education Teacher, and General Education Teacher. This will allow her teachers to carry over all the strategies the SLP is working on.
10. What should be the next step if I do not agree with the IEP, including the services or minutes that the school team is recommending?
Do not sign a confirmation of the IEP at the end of the meeting. Ask to take the paperwork home to review.
Schedule a time to meet with the case manager. Express your concerns and frustrations to the case manager.
If the team still cannot come to an agreement, ask for a district representative from central office to be present.
If you and the team still cannot come to an agreement, contact Family Resource Center (https://frcd.org/iepmeetingsupport/) to assist with obtaining a free advocate to assist.
11. My child attends a private school. What can the school do to meet the supports in the IEP?
Legally, private schools do not have to uphold the services, modifications, and accommodations in the IEP. Some private schools, such as Catholic schools, have Individualized Service Plans, which outline the supports a student requires to access their curriculum.
Typically private schools do not have service providers on site. If a child has an up-to-date IEP with service provider minutes, a parent can bring their child to the child’s home school to receive the direct services from a service provider.
If your child attends a private school, make sure to have a conversation with administration on how they address diverse learners; is there a service plan that is created, yearly meetings with staff members and parents; any service providers or resource teachers on site; and how educated are their teachers on diverse learners (I.e. are classes just lecture based or do teachers use multi-sensory tools).
12. What are reasonable services and amount of minutes I should ask for my child?
Although every child has different needs, school-based services typically focus on supports in the classroom, including modifications and accommodations so a child is the most successful they can be in the classroom.
In Chicago Public Schools, the school clinical team (OT, ST, PT, SW) typically limits direct therapy to no more than 45 minutes per week for each discipline.
To maximize a clinician’s specialty on your child’s case, I recommend advocating for consultation minutes between all providers (e.g. general education teacher, special education teacher, paraprofessional).
o The goal is to have the specialized clinicians educate and consult on the effective strategies they use to be carried over with the staff that spend the most time with the student—teachers and paraprofessionals. This will make the most impact in your child’s treatment plan.
Additionally, advocating for any accommodation or modification that your child needs (I.e. use of augmentative communication device, scribe for writing tasks, preferential seating, etc) will allow your child to be provided all the tools that help make school successful.
13. With COVID-19, how should I navigate the IEP process?
As we’ve transitioned to our world being fully virtual, so have IEPs. If your child’s IEP is up for renewal, your school’s case managing should be reaching out to schedule a virtual IEP meeting.
If your child is not enrolled in school and you are looking to have your child evaluated for an IEP, call your district’s special education department (for Chicago Public Schools, this would be the Office of Diverse Learner Supports and Services) and ask about how they are approaching initial evaluations. Most likely they will wait till the state has lifted the shelter-in-place and is allowing gatherings.
IEP services during COVID: all children have the right to free and appropriate education. Every school is setting up virtual learning differently. You should expect that your child have virtual face time with their teacher every day and service providers as indicated in their IEP. During this time, it’s important to be responsive to emails with teachers and providers, as this is the most effective way to communicate and coordinate school services. You may have to act as your child’s case manager to assist with organizing their schedules. With this effort, your child can continue to learn with the teacher’s and service provider’s support.