A legal services nonprofit answers questions about how families can start getting help for students with disabilities
In part three of this series of Q&A, the Indianapolis Recorder connected with Ability Allies’ attorney Mimi Huybers to provide information on the plans available for students with disabilities.
This email Q&A has been edited for length and clarity.
What is the difference between an IEP and a 504 Plan?
Mimi Huybers: An Individualized Education Program (IEP) is a plan developed for students who qualify for special education services under the Individuals with Disabilities Education Act (IDEA). It includes specific goals, services and accommodations designed to meet the student’s unique educational needs. To qualify for an IEP, a student must have a disability that adversely impacts their educational performance and requires specialized instruction.
A Section 504 Plan, on the other hand, falls under Section 504 of the Rehabilitation Act of 1973. It is for students who do not need specialized instruction but still have a physical or mental impairment that substantially limits one or more major life activities (such as learning, walking, concentrating, etc.). A 504 Plan provides accommodations and supports to help the student access their education, but it does not typically include instructional services.
If a parent wonders whether their student might qualify for an IEP, is the parent responsible for paying to have their child diagnosed or evaluated?
Huybers: No, parents are not required to pay for an IEP evaluation. If a parent or school suspects a student has a disability that negatively impacts their learning, the school or the parent can request an educational evaluation. This evaluation is free to the parent.
If the school agrees to conduct the evaluation, it must do so within 50 school days of the parent’s written consent. If the parent disagrees with the school’s evaluation results, they can request an Independent Educational Evaluation (IEE) at the school’s expense.
Regarding a diagnosis, schools cannot provide students with a medical diagnosis. However, they can determine if a student qualifies for special education services (i.e., an IEP) under one of the 13 disability categories listed in the IDEA. If the child has already received a medical diagnosis, it is very helpful to share this information with the school so it can be considered during the IEP evaluation.
Note: If the school requires a diagnosis of a medically-related disability to determine eligibility for special education or related services, the school must pay for such medical services.
Can families bring people to IEP and 504 meetings? Who is allowed to be in the room?
Huybers: Yes. Families can bring anyone they believe would be helpful to IEP or 504 meetings. This may include:
- An advocate
- A family member or friend for emotional support and to help take notes
- A private health care provider or other professional who the parent believes has knowledge or special expertise regarding the student
At an IEP meeting, required participants typically include the following:
- A school administrator who is knowledgeable about the availability of school resources and can authorize services
- A special education teacher
- At least one of the student’s general education teachers (if the student is or may be participating in the general education environment)
- A school psychologist who can discuss the results and educational implications if an evaluation is discussed at the meeting
- The parent or guardian of the student
- The student, if under the age of 18, but only if the parent or guardian consents to the student’s attendance
- The student, if over the age of 18, who has not appointed their parent or guardian to be their educational representative to make educational decisions on their behalf
Additional participants may be required, depending on the type of meeting and what will be discussed.
At a 504 Plan meeting, participants often include:
- The parent or guardian
- At least one teacher
- A 504 coordinator or school administrator
- Other relevant staff, such as a school nurse, counselor or specialist
If a student has an IEP or 504 Plan but needs more help, how can they get additional support?
Huybers: Yes. If a student is not making progress or their needs have changed, the parent can:
- Request a case conference committee meeting if the student has an IEP or a 504 team meeting if the student has a 504 Plan.
- At the meeting, review the current plan and discuss changes.
- Ask the team to revise goals, add services or update accommodations.
- Request a re-evaluation to better understand the student’s current needs.
If the parent feels the school is not following the IEP or the 504 Plan or that additional help is not being considered, they can contact:
- The special education director for their school district
- A parent advocate
- An attorney experienced in special education law
The responses from Ability Allies are for informational purposes only and should not be considered as legal advice. To learn how this organization can support your child’s needs, visit abilityallies.org. You can find the Indiana State Board of Education Special Education rules by visiting in.gov/doe/students/special-education/laws-and-resources/.
