IDEA, IEP, and 504 - Oh My!
Hello there!
Welcome back to "The Speechie Godmother," your friendly neighborhood advocacy blog! Today, I want to talk about something that is very important when navigating special needs in the school system. It is also something that can seem daunting to many a parent, student, or even professional:
Disability law and individualized student plans.
Now, before you scream, hear me out: this may seem scary and complicated, but it doesn't have to be. Bear with me as I break a few things down for you. For ease of reference, this will be broken down into 4 distinct sections:
- A history and breakdown of the Individuals with Disabilities Education Act (IDEA)
- Individualized Education Plans (IEPs)
- 504 Plans
- Links to video and informational resources
Okay, so now that we've got that out of the way... let's dive in.
Individuals with Disabilities Education Act
A Little History
In 1975, President Gerald Ford signed the Education for All Handicapped Children Act into law. This law was designed to guarantee a free and appropriate public education (FAPE) in the least restrictive environment (LRE) to special needs children (About IDEA, 2021).
In other words, public schools became obligated by congress to ensure that all children - regardless of disability - were given an education that would both meet their needs and prepare them with life skills, potential higher education and employment, and independent living.
In 1976, an amendment mandated that individual states provide services to families of children born with disabilities. Previously, services only began after the age of 3.
This law became known as the Individuals with Disabilities Education Act (IDEA) in 1990. It was reauthorized with several key amendments that emphasized teaching the same curriculum to all students and expanding the definition of a developmental delay to be more inclusive. In 2004, Congress amended IDEA by incorporating early intervention (birth-3 years, before eligibility for preschool) and calling for improved educational outcomes (Timeline of the Individuals with Disabilities Education Act (IDEA), 2021).
What IDEA Covers
In a nutshell, the Individuals with Disabilities Education act ensures that all children have a free and appropriate public education by getting their unique needs met. The law contains 4 parts:
- Part A - This lays the foundation for the rest of the Act and defines some basic terms.
- Part B - This elaborates on the educational guidelines for children ages 3-21 and states the terms by which all school districts must comply. These terms include:
- ensuring every child has a FAPE
- appropriate evaluations if a child has or is suspected of having special needs
- creation of an IEP if it is determined necessary from evaluations
- services provided in the least restrictive environment (LRE)
- consideration of the child's and child's guardian's input
- the right to challenge the IEP if need be
- Part C - This provides guidelines for funding and services for children from birth-age 2. It states that all families are entitled to an Individualized Family Service Plan (IFSP) if the child needs early intervention and that services can be transferred from early intervention to intervention in the public school system.
- Part D - This section describes national action to be taken, such as grants, transitional services, support programs and resources, etc. Find a more detailed breakdown here.
(Individuals with Disabilities Education Act (ACT), 2021)
Individualized Education Plans (IEPs)
You've probably heard the term IEP. It's what most people think of when they think accommodations in the school system. What is it?
Simply put, an Individualized Education Plan is an interdisciplinary plan put in place to ensure that all educational needs are met within the least restrictive environment (remember that term?). A child's IEP team is comprised of several specialists, including but not limited to the child's teacher(s), any therapists or special service providers (speech-language pathology, physical therapy, occupational therapy, etc.), a school district representative (typically the special education coordinator), parents/guardians, and the child themselves. Within this team, the primary person responsible for overseeing meetings and documentation is the case manager. This can be anyone on the team, but it is typically a special education teacher or special education director.
An IEP is comprised of goals that the student is expected to meet within a specified time period (a quarter, a semester, a school year). These goals follow the SMART format: specific, measurable, attainable, relevant, timely. This ensures that goals are
A child can get an IEP for a variety of reasons, but there are certain criteria in place to determine which students are eligible. For a child to qualify for an IEP, he or she must have a recognized disability as qualified under the 13 categories of disability under IDEA and that disability must interfere with learning in the mainstream classroom. If your child does not qualify for an IEP, he or she may qualify for a 504 plan.
504 Plans
You might now be wondering, "What the heck is a 504 plan??" Fear not, for I will explain it to you. Section 504 of the Rehabilitation Act (a civil rights act that bans disability discrimination) includes FAPE and covers any condition that affects daily activity in a major way. HOWEVER - the key difference between 504 and IEP is that 504 is not a part of special education. In other words, a 504 plan doesn't affect what is taught (i.e., special education classes), but how a student is taught.
Typically, students who have a 504 plan have a disability as categorized by IDEA, but their disability doesn't interfere with learning in the mainstream classroom. Therefore, the material students are taught is from the mainstream classrooms, but they may require modifications in seating, transportation, testing environments, etc.
General Questions and More Resources
Is your head spinning? No worries! I made a handy-dandy little infographic to give you the basics (with some statistics)!
I also want to leave you with some other sources to check out. What I've written here is meant to be a broad overview of information, so if you feel the need to go in-depth, hopefully these helpful links will assist you.
- https://www.understood.org/articles/en/what-is-an-iep
- https://www.understood.org/articles/en/what-is-a-504-plan
- https://www.washington.edu/doit/what-difference-between-iep-and-504-plan
- https://www.understood.org/articles/en/finding-out-if-your-child-is-eligible-for-special-education
- https://sites.ed.gov/idea/
- https://www.readingrockets.org/article/smart-ieps-step-2-create-goals-and-objectives
- https://www.youtube.com/watch?v=O0xdaCEqrU0
- https://www.understood.org/articles/en/questions-to-ask-before-and-during-your-childs-iep-meeting
I hope this helped you, friends! Remember - you are your child's most powerful and important advocate. If his or her needs are not getting met, there are things you can do. If you have a diagnosis from a doctor, your child can be evaluated for special accommodations. Learning is the key to building a bright future for your child, and every child deserves to be able to learn.
Until next time, your friendly neighborhood Speechie Godmother is rooting for you!
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