Know Your Rights:
A Parent's Guide to IEPs
Are you a parent whose kid(s) with 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.
You can also sign up to get our IEP Circle 101 guide.
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.
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