How to navigate Special Education 504’s and IEP What do you need to know?

Section 504 Is American Legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. https://en.wikipedia.org/wiki/Section_504_of_the_Rehabilitation_Act

Benefits Provides accommodations Puts “good teaching practices” in writing Has to be followed by indicated teachers/staff Can be changed whenever necessary Does not require testing Teachers and other staff members are obligated to follow all accommodations in the 504 plan. If your child is still struggling with the accommodations provided, then it’s time to ask for them to be tested for an IEP.

To Qualify for a 504 Plan Child needs: Child does not need: Medical condition impacting child’s education Educational or behavioral needs warranting intervention (accommodations) A diagnosis To have a disability To have testing done To struggle academically

You Need to Know: The school can draft and start implementing a 504 plan without your knowledge and participation in writing it, if the child needs it. A 504 plan can be easily drafted by anyone in a short meeting A 504 plan needs to state what accommodation will be provided, by whom and where

What to do BEFORE the 504 Meeting? Find out what is your child struggling with (behavior, focus, academics, medical needs) Google “accommodations for ….” (ADHD, fluency, comprehension, defiance,…) Find a list that best fits your child, print out and highlight accommodations your know your child would benefit from Bring it to the meeting and make sure they are included *** If anyone disagrees with certain accommodation you proposed, give them a chance to explain why and to provide an alternative

504 Is Not Enough If your child has been receiving services under section 504 and is still struggling, request an Evaluation for an IEP (Individual Education Plan). Make sure this is requested either in writing or by e-mail and ask for a confirmation . E-mail is the best because it can be sent to the teacher, principal, special education liaison and special education director. *** look for sample template is documents

The School District Will: Agree to test: Refuse to test: And schedule a MET 1 meeting OR Send a permission to test home for you to sign and return and combine MET 1 and MET 2 meeting together And say student does not have a qualifying diagnosis OR Does not struggle significantly to need more intensive interventions

If School Refuses to Test: Ask for a “Review of Existing Data” – a meeting where all your child’s behavioral and educational data (grades, misconduct tickets, testing…) is reviewed and it is determined whether testing is needed If they still refuse ask for an IEE (Independent Educational Evaluation) Remember: Put all your requests in writing

Multidisciplinary Education Team (MET) Meeting including parents and teachers, therapist of various disciplines It is discussed what the child is struggling with and what areas should be tested / which tests should be used *** see documents for test options Is scheduled when testing is completed to discuss the results It is determined whether child qualifies or doesn’t qualify for special education Area of eligibility will be assigned and has to be agreed on by majority of the team *** see documents for different areas of eligibility

MET Testing Has to be done every 3 years, unless guardian signs a waiver that it is not necessary Can be done prior to the 3 year period if there were major changes or any areas of concern were not tested Will be used to determinate the area of eligibility Caregiver is able to disagree with the results

If you DISAGREE with MET results You may voice your disagreement at the meeting After the meeting draft an official request for an IEE – Independent Educational Evaluation *** see documents Send it to the special education liaison at your local school and special education director at the district Specify which areas of the MET (OT, PT, ST, Cognitive, Psycho-educational, FBA) you disagree with or would like to have re-tested The district will either approve your IEE request of deny it If they deny your request – they have to file DUE PROCESS – explaining why they denied it (this is very expensive for the school) If they deny your request and don’t file Due Process – contact department of education

If district approves IEE request You will get an official letter stating it was approved, how much a district will pay and list of providers who can administer the testing You can pick your own providers as long as they follow the district guidelines *** see documents The amount the district will pay is PER CATEGORY (ex: $3000, per OT, Speech,…) Make sure to pick providers who will represent you at the IEP/MET meeting and will interpret their own results and recommendations to the team

IEP following MET After the MET 2 meeting where eligibility category is determined – Individual Education Plan will be drafted You and the rest of the team will provide feedback on the draft which will be added to the final IEP copy All major decisions have to be agreed upon by the majority of the team

Coming soon: ALL ABOUT IEP’s