Are you wondering if Special Education Services are a good fit for your child this next school year? Are you confused about the process? This article is aimed at answering these basic questions:

What is an IEP? Does my child need an IEP? How do I get my child an IEP? What are the differences between an IEP and a 504 plan? What are my rights as a parent? Who can help me with this process?

What is an IEP?

An IEP is an Individualized Education Program. This is a written document that states a child’s current education performance level and an individualized plan focused on meeting the child’s needs within the school environment. This document should include instruction, goals, specific services to be received, a list of staff members who will carry out these services, the standards and timelines for evaluating progress, and the amount and degree to which the child will participate with typically developing peers

in a “mainstream” classroom setting. An IEP is required for all children eligible for special education by the Individuals with Disabilities Education Act (IDEA), which is federal law. An IEP should be developed by the child’s parent and the professionals who evaluated the child and/or will be providing services to the child.

 Does my child need an IEP?

If your child is academically behind in his/her classes, has trouble with content comprehension, is easily distracted, acts out in class, learns differently than other students and/or requires classroom accommodations,  your child may benefit from special education services.

 How do I get my child an IEP?

In order for students to receive special education services they must be found eligible under special education law. Eligibility is determined by an evaluation process. Before the school district can evaluate a child, the district must obtain the parent’s written informed consent. This means that if you want to have your child evaluated for special education services, you must put the request in writing! A school district does not have to act on a verbal request. Once a written request is made, the school district must complete the special education evaluation/testing within 60 days, according to federal IDEA law. Once the evaluation is complete, the school will contact you to set a meeting to go over the results of the evaluation. The school must provide parents with a copy of the evaluation report and a written documentation of eligibility. If your child is eligible for special education services, the next step is the creation of the IEP. It is important for parents to understand the evaluation results before beginning to develop the IEP. Parents should request a copy of the evaluation report summary before the initial IEP meeting and ask to have the results explained to them in plain language by a professional from the school. An IEP should be developed through collaboration between the school and the parent. Beware of school districts that have an IEP drafted before the initial meeting and simply ask the parent to sign the document at the meeting! The parent should be involved in the creation of this document! Once this initial meeting takes place, there should be an annual review staffing for the first two years and a triennial staffing the third year. There may also be additional review meetings as needed. As a parent you have a right to attend all meetings and request additional review meetings if you feel they are needed.

 

What are the differences between and IEP and a 504 plan?

 

A 504 Plan comes from Section 504 of the Rehabilitation Act of 1973. This is a civil rights law rather than a special education law. This act protects the rights of all persons with disabilities from discrimination. The definition of a “handicapping condition” under Section 504 is much broader than the definition of a disability under IDEA. Therefore, a student could qualify for services under Section 504 and not qualify under IDEA. To qualify under Section 504 a person must have a physical or mental impairment which substantially limits one or more life activities; have record of such impairment; or is regarded as having such impairment. Under Section 504, a person’s physical or mental impairment must have a substantial limitation on one or more major life activities. These activities include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working and learning.  If a student is found to be eligible under Section 504, a written plan called a Section 504 Accommodation Plan will be developed. This plan must outline the services, accommodations, and modifications required by the school to afford the

student learning opportunities equal to those of students who do not have a disability. Every school has a 504 coordinator and a 504 team that is separate from the special education team.

What are my rights as a parent?

· You have the right to free and appropriate public education for your child in the school setting that allows the most contact with typically developing children while still meeting the unique needs of your child.

· You have the right to be fully informed of your rights by the school.

· You have the right to request an evaluation for special education services if you feel your child needs and could benefit from these services.

· You have the right to have your child tested in his/her primary language.

· You have the right to an independent evaluation if you disagree with the results of the school’s evaluation.

· You have the right to be notified any time the school wishes to evaluate your child or change your child’s placement according to the IEP. You also have a right to be notified any time the school denies your request for an evaluation or change in your child’s placement.

· You have the right to participate in the development of your child’s IEP. You have a right to attend all IEP review meetings. The school must make every effort to notify you of meetings and to schedule these meetings at a time and place that is convenient for you.

· The school must re-evaluate your child every three years, but you have the right to request a re-evaluation at any time.

You have the right to review and have a copy of all of your child’s records. You have the right to request that information about your child in his/her school records be changed or information be

added that you feel is important to the education of your child.

Who can help me with this process?

· The Arcs in Colorado:      1-800-333-7690  http://www.thearccofco.org

The Arc provides advocates who will attend IEP meetings with you. The Arc of Colorado has a list of statewide Arcs on their website

· EMPOWER Colorado:     1-800-881-8272   http://www.empowercolorado.com

Support, education and advocacy for parents

· Family Voices:  303-733-3000  http://www.familyvoices.org

Advocacy , parent assistance in navigating health care systems for children with special needs

· Federation of Families for Children’s Mental Health: coloradofederation.org

Promotes mental health for all children, youth and families

· Parent to Parent of Colorado: 1-877-472-7201  http://www.p2p-co.org

One to one parent matching. Up-to-date information and referral

· PEAK- Colorado’s Parent Training and Information Center: 1-800-284-0251 http://www.peakparent.org

Parent advisors who provide information about the special education process and parents’ rights

· PEP- Parents Encouraging Parents: 303-866-6846  http://www.cde.state.co.us/cdesped/PEP.asp

Brings together parents and professionals for education on supporting your child in the school and the community

Article by: Gina Shuster, LSW