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Special Education (IEP/504)

Public schools must provide free, appropriate education for students with disabilities through IEP or 504 plans, including specialized instruction and accommodations.

Under federal law (IDEA and Section 504), every child with a disability is entitled to a free appropriate public education (FAPE). An Individualized Education Program (IEP) provides specialized instruction and related services for students who qualify under one of 13 disability categories. A 504 Plan provides accommodations and modifications for students whose disability affects a major life activity but who may not need specialized instruction.

The IEP process begins with a referral for evaluation, which can come from a parent, teacher, or other professional. The school district has 60 days to complete the evaluation after you consent. If your child qualifies, the IEP team (which includes you as a parent) meets to develop goals and determine services. These can include specialized academic instruction, speech therapy, occupational therapy, counseling, assistive technology, and more.

Parents are critical members of the IEP team and have the right to participate in all decisions. If you disagree with the school's decisions, you have options including requesting an Independent Educational Evaluation, filing for mediation, or pursuing a due process hearing. Many families find it helpful to bring an advocate to IEP meetings.

Eligibility

Any student aged 3-22 enrolled in a public school or residing in a public school district who is suspected of having a disability that affects their ability to learn. For IEP: must meet criteria under one of 13 IDEA disability categories. For 504: must have a disability that substantially limits a major life activity.

Typical Timeline

School district has 15 days to respond to a written evaluation request. Evaluation must be completed within 60 days of consent. IEP must be developed within 30 days of eligibility determination.

Documents You May Need

  • Any existing medical diagnoses or evaluations
  • Previous school records and report cards
  • Written request for evaluation (parent letter)
  • Examples of your child's work showing areas of concern
  • Private therapy or assessment reports if available

What to Ask For

  • What assessments will be used and who will conduct them?
  • What related services (speech, OT, counseling) does my child qualify for?
  • How will progress on IEP goals be measured and reported?
  • What placement options are available if the current one is not working?
  • Can I get a copy of my procedural safeguards and parent rights?

Age Groups

3-56-1213-1718-22

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