Know Your Rights:
AN Ohio Parent's Guide to IEPs
Are you an Ohio parent whose kid(s) has disabilities or learning differences, and you’re trying to make sure your child gets the education they need, deserve, and are entitled to?
You’re in the right place.
It can feel like an overwhelming and lonely process to go from noting your child’s differences, maybe getting a diagnosis, and trying to figure out how to advocate for them to access appropriate educational support so they can thrive.
You are not alone. Hundreds of thousands of families like yours have gone through this process and/or are going through it now. This is a good place to start.
All students with disabilities are entitled to a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
These rights, under the Individuals with Disabilities Education Act (IDEA), were obtained by families like ours coming together and demanding our rights.
We’ll share some of the basics below.
Learning Difficulties
Every child deserves an excellent public education, no matter their zip code, ability, or background. Students who are struggling or simply not having their needs met in the classroom are at risk for more disciplinary referrals, failing grades, issues with peers, not graduating and other problems that we want to avoid.
What is Special Education?
Special education refers to the range of services that help students with disabilities learn and make progress in school.
The best way to obtain special services or accommodations for your child is to request an IEP or 504 Plan so that they receive the unique support they need to understand and benefit from their classroom instruction. This should be done electronically to ensure proper record keeping.
Who is Eligible?
Having a disability or medical diagnosis does not automatically mean a student is eligible for special education services. The student must also be determined eligible for services at school either from a school evaluation or private evaluation from a certified professional.
Hear from Ohio Parents
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RJ cannot stand at a podium and explain how speech therapy helps him communicate in his classroom. Most children affected by these decisions cannot. That is why parents, educators, and community members must be their voices.
Tiarra, Dayton, Ohio
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Parents of children with special needs come from all political backgrounds. Many are not political at all -- but we know how to advocate for our kids.
Jonathan, Cleveland, Ohio
What is the difference between IEP and 504 plans?
IEP
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Who is an IEP for: A child must have a disability that interferes with their educational progress and therefore requires special education. here
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Protections granted by the Individuals with Disabilities Education Act (IDEA), a federal law that makes available a free appropriate public education to eligible children with disabilities and ensures special education and related services to those children.
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Procedural protections
Appeals through state complaint or due process complaint
Parental consent required
Annual review required
Reevaluation every three years
Special protections for school discipline
Special education – changes the content of the curriculum
Protections granted by the Individuals with Disabilities Education Act (IDEA)
504
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Who is a 504 for: A child must have a mental or physical impairment that substantially limits learning or another life activity.
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Protections granted by the Americans with Disabilities Act (ADA), a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities.
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Fewer procedural rights for students
Appeal through civil rights complaint
Parents are not required to consent or participate
Annual review recommended
Reevaluation recommended
Special protections for school discipline
Accommodations – changes the way a student accesses the curriculum
Protections granted by the Americans with Disabilities Act (ADA)
IEP Requirements
An IEP should be tailored to your child, not just a standard form the school fills out.
It must:
Be written down and shared with the family
Be individualized to the student’s unique needs
Explain where the student is currently performing compared to classmates
Include realistic goals and a way to track progress
Be created by the full IEP team together
Be signed by a parent or guardian
Be reviewed at least once every year
Include a full reevaluation every 3 years to make sure supports still fit the student’s needs
IEP | Frequently Asked Questions
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Request a meeting from your school principal and/or special education director.
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IEP meetings are supposed to bring together the people who know and support your child. That usually includes:
A parent or guardian
At least one general education teacher
At least one special education teacher
A school district representative
Someone who can explain testing or evaluation results (often a school psychologist)
Other people with helpful knowledge or expertise, like a counselor, therapist, or advocate
Your child, when appropriate
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Having an IEP is not a one-time event. It’s an ongoing process, and parents can ask for a meeting anytime concerns come up.
You may want to request a meeting:
At the start of the school year to set your child up for success
If your child receives a new diagnosis or experiences new challenges
When goals, accommodations, or supports need to be updated
If your child is struggling academically, socially, or behaviorally
Schools usually send Progress Reports along with report cards so families can track how the student is doing on IEP goals.
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If you suspect or observe the school is not providing the supports or services listed in the IEP, there are steps you can take.
Start by:
Requesting an IEP meeting and clearly explaining your concerns
Asking for changes or amendments if needed
Monitoring grades, communication from teachers, and progress on goals
If problems continue, or the school refuses to address concerns, families can use dispute resolution options through the Ohio Department of Education and Workforce.
What Now?
You may be looking for more information, the opportunity to connect with other parents navigating this process, or even a way to fight to make special education more effective for all children. We’ve got you.
