Navigating IEPs, 504s, and School Support
Overview: This article explains two federal protection acts that mandate educational rights for disabled students -- Individualized Education Plans (IEP) and 504 plans. Specific topics such as assessment, goal setting, plan review, and plan disputes are discussed in the context of federal laws, without reference to state-specific regulations.
The United States, like many countries, guarantees every school aged person access to a free and appropriate education. There are two key pieces of federal legislation that support students with disabilities --the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (504). There is some overlap in these laws, but the main differences are:
A 504 plan is geared toward ensuring a student has equitable access to a learning environment, while an IEP focuses on educational benefits and often includes direct services such as speech or occupational therapy.
A 504 plan is developed for students who have a disability that does not require special education services, while an IEP provides a program of specialized instruction and supports to access and progress in the curriculum.
An IEP provides for specialized instruction for students in grades K–12, while a 504 plan can serve students at both the K–12 and college levels.
Both plans provide benefits for supporting students in their path toward independence. The specifics of each of the programs are discussed below.
IDEA / IEP
IDEA is a special education law that applies to all educational institutions receiving federal funding. Note that there are some applications of IDEA to private educational institutions that are explained later in this article. IDEA outlines six guiding principles to guarantee that students with disabilities and their families receive a Free Appropriate Public Education (FAPE). These provisions apply throughout the IEP process. They include:
Complete, individualized evaluation: All areas of the suspected disability must be assessed, including any specific parental concerns. The results of this assessment must be comprehensive enough to identify all the student’s relevant academic and functional needs in order to guide future instructional decisions.
Free appropriate public education (FAPE): Each eligible student with a disability—one whose disability adversely affects school performance—is entitled to FAPE that is individualized to meet the student’s unique needs consistent with an individualized plan.
Individualized education program (IEP): An IEP is a written statement of the special education services provided to meet the unique needs of a student with a disability between the ages of 3 and 21. The IEP, a blueprint of the student’s FAPE, is developed in collaboration with the student’s parents.
Least restrictive environment (LRE): Disabled students are entitled to receive a FAPE in the school’s general settings with their peers to the greatest extent possible. Removal from the general education setting may only occur if the nature or severity of the disability is such that an appropriate education cannot be satisfactorily achieved in that setting, even with the use of supplementary aids and services.
Parent participation: The most basic of IDEA’s requirements is that parents are full and equal participants with the school district personnel on their child’s IEP team—a group that includes a variety of education professionals, the student’s parents, and the student, when appropriate.
Procedural safeguards: In addition to the right to active participation, IDEA provides additional parental rights that include:
Giving informed written consent for their child to be evaluated, and to seek an independent evaluation if they choose.
Access to their child’s educational records.
Dispute resolution through steps that can include state complaint, mediation, a resolution session, and/or a due process hearing.
Explanation of these rights in writing, and in their native language when possible
The process for determining, developing, and implementing an IEP under IDEA are as follows:
1. Referral
An assessment may be requested by parents/guardians or the school system. Parents/guardians can generally initiate the process with a phone call, email, letter, or in-person discussion with a school official to raise concerns and request an evaluation. If school administration concur that an assessment is appropriate, the school is legally responsible for the evaluation costs.
The evaluation process may also be initiated by the school, but the school cannot act unilaterally without the consent or knowledge of the parents/guardian. The school must provide written notice to parents/guardians explaining why an evaluation is needed, the procedure, the legal rights of the student and parents/guardians, and any other options that may be relevant prior to conducting the evaluation. Parents/guardians must give written, informed consent. That is, they must understand that they are allowing their child to be evaluated to determine whether she has a disability that affects educational performance.
2. Assessment
To qualify for specialized educational accommodations, a child must first receive a formal diagnosis that qualifies as a disability under one of the federal protections. The evaluation must be conducted within 60 days of receiving parental consent or within state-established timelines. School districts must provide free assessments for any student who is believed to have a disability, including autism. The primary purpose of an educational assessment is to determine if the child has a disability and, if so, what the child’s educational needs are and what accommodations and assistance the school district must provide to ensure the child has access to a free and appropriate education. If the child already has a confirmed disability, the assessment focuses only on the latter two areas – educational needs and appropriate accommodations.
The scope of the evaluation is specific to the individual, but commonly covers general intelligence, academic performance, social and emotional ability, general health, and fine motor skills. Assessments should be comprehensive, nondiscriminatory, and tailored to the needs and abilities of the student.
The final report from the assessment will indicate whether the child qualifies for disability services, and any accommodations the school must provide. The report will be available to the school and the parents/guardians. Parents/guardians who disagree with any aspect of the report have the right to obtain an Independent Educational Evaluation from a professional examiner who is not associated with the school system. The parents/guardian may have to pay some or all of the cost of a second examination.
For more information on in-depth psychological assessment, please see the article “A Comprehensive Guide to Autism Psychological Testing and Reports” on this site.
3. Initial IEP Meeting
If it is determined that the child has a disability that interferes with the child’s learning ability, then the child will be entitled to an IEP. The next step is for the school to schedule an Initial IEP Meeting with relevant school staff, parents/guardians, and potentially the student (depending on their age and capacity). The initial meeting must be conducted within 30 days of the eligibility determination. The purpose of the meeting is to discuss school performance, strengths, weaknesses, goals, and potential support. Parents/Guardians may find it helpful to prepare a list of questions, goals, and ideas to take to the meeting. The information below will help prepare this list.
4. Development of the IEP
An IEP establishes the exact services and support necessary for the student and are often created in conjunction with parents/guardians, teachers, school mental health professionals, school administrators, and the student. An IEP is a legally binding document that is renewed annually to ensure the plan grows with a student as their educational needs evolve. The IEP is an essential component of a student’s education, and it is important to approach the process fully informed and with a positive attitude.
In preparing for participation in the development of an IEP for your loved one, it is helpful to be aware of common educational accommodations. These include:
- Testing support – e.g. extended time, questions being read out loud, etc.
- Assistive technology – e.g. text to speech program for reading
- Supportive Seating – e.g. being closer to the board, or away from discomfort/noise
- Environmental Support – e.g. wearing headphones, being in a small group, etc.
- Break Times – e.g. time to step away from the class or work
- Study Support – e.g. written notes, outlines, or other extra material
- Small Groups – e.g. one-on-one instruction or extra support from school staff
- Therapeutic Support – e.g. speech, language, or mental health support at school
- Recreational Support – e.g. extra guidance or care with physical activities
- After School or Weekend Support – e.g. disability services for after school hours
The IEP team will create a plan to support the student. This plan must be agreed to by parents/guardians and school staff and signed by both parties. If a student is better served in a special education classroom, that too will be included in the IEP. The plan will likely include the following.
- Student’s Current Performance
- Measurable Goals
- Recommended Supports for before, during, and after school
- Plan for Transition to Next Grade or School
- Plan for Standardized Testing Requirements
The goals included in an IEP are critically important. Goals must be meaningful, specific, measurable, and have an established time frame. Goals can often be created for each class or subject matter, as well as any functional objectives such as self-care that are necessary. It is often beneficial to make “SMART” goals using the following criteria.
S – Specific – clearly stating the objective
M – Measurable – have a clear method of assessing and defining progress
A – Achievable – based on the student’s capacity and strengths
R – Relevant – aligned with long-term personal and school goals
T – Time Bound – have a timeline for measurement and accomplishment
5. Implementation
The law requires that implementation must take place as soon as possible after the IEP is developed. An IEP should be implemented throughout the school system in all areas deemed necessary for the student. IDEA requires that schools and parents meet annually to assess the efficacy and success of the IEP and make appropriate modifications However, parents/guardians are entitled to request meetings more regularly if they have concerns or desire modifications.
Schools and parents/guardians should utilize classroom engagement, homework, assignments, tests, and other relevant criteria to assess progress on the SMART goals outlined in the IEP. However, academic assessments alone are often insufficient in determining progress towards some IEP goals. Achieving well-rounded growth and support often requires care providers to be thorough and attentive to ensure the best possible IEP implementation.
6. Annual Review
The annual review occurs within a year of initial placement and yearly thereafter. The IEP team is required to review the existing IEP and present program and make recommendations to continue, change, revise or end the student’s special education program
7. Re-evaluations
The student must be reevaluated at least every three years to determine if the child continues to be a “child with a disability,” as defined by IDEA, and what the child’s educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child’s parent/guardian or teacher asks for a reevaluation. While re-evaluation is less intensive than the initial assessment, it is more thorough than the annual review. It is important for parents/guardians to prepare for re-evaluation to demonstrate the value of the IEP and advocate for it to continue, change, or discontinue depending on their child’s growth. IDEA guarantees educational services so long as necessary through high school graduation.
The timelines described above are those specified by IDEA. State officials may develop state-specific timelines that shortens the process, but they cannot lengthen it. The only exception is the evaluation timeline; a state can have an evaluation timeline that is longer than 60 days, which some states base on calendar days and others on school days.
Though IDEA requires states to meet its requirements, the law does allow states to interpret, apply, and pass their own laws regarding students with disabilities. State special education laws are not allowed to contradict or provide less than what IDEA stipulates; however, they can provide more. To help administrators, teachers, and parents understand and adhere to their state’s special education laws, most states publish guides to special education that can be found on their websites. In addition, all states have an OSEP-funded Parent Training and Information Center (PTI) that can provide this information. A complete listing of these centers can be found at www.parentcenterhub.org/find-your-center
Section 504
The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Section 504 provides that an “individual with a disability… which substantially limits one or more of such person’s major life activities” qualifies for a 504 plan. A 504 plan is often granted to students who may have medical needs or a disability that requires support but not specialized instruction. Some students who do not qualify for specialized education services through an IEP may qualify for services through a 504 plan. The first and most essential step in determining which plan, if any, is appropriate for your child is to receive a comprehensive, data driven assessment.
A 504 Plan ensures that students have equal access to public services which receive federal funding, most notably through schools. Notably, a 504 Plan does NOT allow for extra services, require changes in curriculum, or fundamentally alter the structure of school like an IEP might.
504 Plans are available to any individual who has a disability that impacts their ability to learn in school. 504 plans are utilized when specialized services aren’t necessary, but some accommodations can be helpful. The goal of the 504 Plan is to keep the student alongside their peers in general education. A 504 plan does not have to be a written document, but it usually is. The plans generally include provisions identifying any accommodations / changes to the student’s learning environment and any assistive technology or tools the school provide. The plan also names the person responsible for making sure the plan is implemented and followed.
504 accommodations for autism typically include:
- visual supports
- sensory breaks
- flexible seating
- extended time for assignments
- access to quiet spaces
- access to fidget toys
504 Assessment
A 504 assessment is typically less exacting than that for an IEP. It can include gathering academic records, observation in the classroom, and potentially more formal assessment. A parent/guardian must consent to an assessment for 504 eligibility; however, unlike an IEP, a formal diagnosis or full psychological assessment is not mandatory.
504 Plan Development
A 504 plan may be developed by teachers, administrators, and parents/caregivers. Progress with 504 plans is not typically formally tracked like an IEP. 504 plans are reviewed at the end of each school year and may continue unceremoniously into the next year. If significant changes occur parents/caregivers must be notified.
504 Duration
While an IEP only applies to students up to the age of 22, 504 protections go beyond the 22nd birthday. College students who had a 504 plan in high school are encouraged to take that plan to their disability/accessibility services office and discuss needed accommodations. Federally funded colleges, technical schools, and even some workplaces must provide reasonable 504 accommodations. Because of this, it is critical that a 504 plan include all necessary supports throughout high school to ensure those supports are available later in life if necessary.
Dispute Resolution
Parents/guardians with concerns about the efficacy of an IEP or 504 plan may address the issue during annual meetings or re-evaluations, or in an administrative hearing which often includes mediation and/or a due process hearing. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. Federal law requires that mediation be available at least at the time of a due process hearing. Parents/guardians at odds with school administrators may also file a complaint with the state education agency. To file a complaint, generally parents write directly to the state education agency and identify the provisions of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint. Seeking legal counsel for this process is strongly encouraged. For more information on these processes, it is recommended that one look into local and state regulations or seek legal counsel from an attorney familiar with education law.
The Office for Civil Rights (OCR) is specifically responsible for enforcing section 504 in public elementary and secondary schools. An important responsibility of the OCR is to eliminate discrimination on the basis of disability against students with disabilities. Any complaints or inquiries regarding the identification of a section 504 student and/or the administration of section 504 accommodations can be made to your state’s local OCR. For more specific information about your rights and/or filing a complaint, see https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/disability-discrimination.
Early Intervention
Children with disabilities who are younger than three years of age may be eligible for early intervention services, such as speech and language therapy, physical therapy, assistive technology, social work, and more. These early intervention services are often administered via a school district or stand-alone agency. States vary on the administration and cost of such services, but it is common for the services to translate into supplementary preschool support between the ages of 3 and 5, and then more formal academic support once the child has enrolled in kindergarten.
Conclusion
It is often tremendously valuable for individuals and families to establish autism support through their school system. IEPs offer both accommodations and extra services to ensure equal access to education, while 504s focus specifically on accommodations. Either support system requires assessment, planning, implementation and progress reviews. With forethought and advocacy these supports can create a world of difference for autistic students.
