IEP vs 504: how school plans work

Which one does my child need

An IEP if the child needs specially designed instruction: the content, delivery or methods of teaching changed because of the disability. ²

Examples: a child who needs a different reading method, therapy as a related service, a communication device programmed and supported, or a modified curriculum.

A 504 plan if the child needs accommodations but is accessing the standard curriculum. ³

Examples: extra time, preferential seating, a lift key, a rest break, permission to leave class early to move between rooms.

A child with a physical disability and typical learning often has a 504 plan. A child who also needs therapy at school, or changed instruction, usually needs an IEP.

If you are unsure, request a special education evaluation. The evaluation decides.

How to request an evaluation

Put it in writing. Email is fine and creates a record.

Address it to the special education director and copy the principal.

Say:

• Your child's name, date of birth and grade.
• That you are requesting a full initial evaluation for special education eligibility.
• The specific concerns, with examples.
• The relevant medical history and any diagnosis.
• That you are requesting written notice of the district's decision.

Date it. The clock starts from your written request and your consent.

Federal rules require the initial evaluation to be completed within 60 days of parental consent, unless the state sets a different timeframe. Check your state's timeline. ²

If the district says no, they must give you written notice explaining why, and you have dispute rights. ²

What an IEP contains

A complete IEP includes: ²

• Present levels, describing what your child can do now and how the disability affects their involvement in the general curriculum.
• Annual goals, measurable.
• Special education and related services, with frequency, duration and location.
• Accommodations and modifications.
• The extent to which the child will not participate with children without disabilities.
• How progress will be measured and reported.
• Transition planning, from age 16 or earlier depending on the state.

The parts that get missed

Minutes. "Speech therapy" is not a service. "Speech therapy, 30 minutes weekly, individual" is.

Who does it. A service delivered by an aide is different from one delivered by a therapist.

Equipment and technology, including who charges it, who maintains it, and what happens if it breaks. ²

Transport, which is a related service.

Toileting and personal care.

Fire evacuation, for a child who cannot use stairs.

Fatigue. A child who uses far more energy to move needs rest built in, and it belongs in the plan rather than being negotiated each year.

Preparing for the meeting

Before

• Ask for the draft and all reports at least a few days before. Reading them at the table is a disadvantage.
• Write your own list of what your child can do, what is hard, and what you want.
• Bring recent reports from outside therapists or doctors.
• Bring one page of goals in your own words.
• Ask who will attend. You can invite someone: a friend, an advocate, an outside therapist.
• Ask for an interpreter if you need one. It is your right.

At the meeting

• Ask for the purpose and the agenda at the start.
• Take notes, or ask someone to.
• Ask "how will we measure that?" every time a goal is proposed.
• Ask "what happens if the goal is not met?"
• Ask for anything you are told verbally to be written into the plan.
• You do not have to sign at the meeting. You can take it home and read it.

After

• Ask for the final signed copy.
• Diarize the review date.
• Keep every version. Patterns across years are informative.

The IEP prep tool builds a printable pack of your notes, questions and goals. It runs in your browser and nothing is sent anywhere.

When you disagree

You have specific rights and they are written into federal regulations. ²

Ask for prior written notice. Any time a district proposes or refuses something, they must give you written notice of what and why. Asking for it in writing changes many conversations.

Request an independent educational evaluation. If you disagree with the district's evaluation, you can request one at public expense, and the district must either fund it or file for a hearing.

Use mediation, a state complaint, or a due process hearing. All three exist under federal rules.

Get help. Your state's Parent Training and Information Center helps with exactly this, free. ⁵ The Arc has local chapters that advocate. ⁶

One practical tip

Put everything in writing, briefly, after every conversation. "Thanks for meeting today. My understanding is that the district will do X by Y date." A short email creates a record and prevents most disputes from happening at all.

The move from early intervention

Early intervention ends at 3. School district services begin. ^{4 1}

The plan changes from an IFSP to an IEP, and the focus shifts from supporting the family to accessing education.

Start early. Federal rules require transition planning, and it should begin months before the third birthday. Ask about it at around 2 years and 6 months. ⁴

Eligibility is different. Some children who qualified for early intervention do not qualify for special education, or qualify under a different category. Do not assume it carries over.

Services can look different. Early intervention happens in your home, with your goals. School services happen at school, with education goals. That shift surprises families and it is worth knowing in advance.