FAQ IEPs and 504s

What is an Individualized Education Program?

An Individualized Education Program (IEP) is a written statement of the educational program designed to meet a child's individual needs. Every child who receives special education services must have an IEP.

The IEP has two general purposes:
(1) to set reasonable learning goals for your child; and
(2) to state the services that the school district will provide for your child.

What type of information is included in an IEP?

a. Present levels of academic achievement and functional performance.

This statement describes how your child is currently doing in school. This includes information about how your child's disability affects his or her involvement and progress in the general curriculum. 

b. Annual goals.
The IEP must state annual MEASURABLE goals, including academic and functional goals, for your child, meaning what you and the school team think he or she can reasonably accomplish in a year. The goals must relate to meeting the needs that result from your child's disability. They must also help your son or daughter be involved in and progress in the general curriculum. 

c. Measuring progress.
The IEP must state how school personnel will measure your child's progress toward the annual goals.
It must also state how and when you, as parents, will be informed regularly of your child's progress and whether that progress is enough to enable your child to achieve his or her goals by the end of the year.

d. Special education and related services to be provided.
The IEP must list the special education and related services to be provided to your child to make progress in the general curriculum and to participate in extracurricular and other nonacademic activities. This includes supplementary aids and services (such as a communication device). It also includes changes to the program or supports for school personnel that will be provided for your child. 

e. Participation with nondisabled children.
How much of the school day will your child be educated separately from nondisabled children or not participate in extracurricular or other nonacademic activities such as lunch or clubs? The IEP must include an explanation that answers this question. 

f. Participation in state and district-wide assessments.
In order to participate in these tests, your child may need individual modifications or changes in how the tests are administered. The IEP team must decide what modifications your child needs and list them in the IEP. If your child will not be taking these tests but will take an alternate assessment, the IEP must include a statement as to why the tests are not appropriate for your child and how your child will be tested instead. 

g. Dates and location.

The IEP must state 

when services and modifications will begin; how often they will be provided; where they will be provided; how long they will last. 

h. Transition services.

No later than when your child is 16, the IEP must include measurable postsecondary goals related to training, education, employment, and (when appropriate) independent living skills. Also included are the transition services needed to help your child reach those goals, including what your child should study.

Who develops my child's IEP?

IEP team includes many of the individuals wo were involved in your child's evaluation. Team members will include:

the parents; at least one regular education teacher, at least one of your child's special education teachers or special education providers; a representative of the public agency (school system) who is qualified to provide or supervise the provision of special education, knows about the general curriculum; and knows about the resources the school system has available; an individual who can interpret the evaluation results and talk about what instruction may be necessary for your child; your child, representatives from any other agencies that may be responsible for paying for or providing transition services (if your child is 16 years or, if appropriate, younger); and other individuals (invited by you or the school) who have knowledge or special expertise about your child.

So I can help develop my child's IEP?

Yes, absolutely. The law is very clear that parents have the right to participate in developing their child's IEP. In fact, your input is invaluable. You know your child so very well, and the school needs to know your insights and concerns.

The school staff will try to schedule the IEP meeting at a time that is convenient for all team members to attend. If the school suggests a time that is impossible for you, explain your schedule and needs. It's important that you attend this meeting and share your ideas about your child's needs and strengths. Often, another time or date can be arranged. However, if you cannot agree on a time or date, the school may hold the IEP meeting without you. In this event, the school must keep you informed, for example, by phone or mail.

What happens during an IEP meeting?

During the IEP meeting, the different members of the IEP team share their thoughts and suggestions. 

Remember that you are a very important part of the IEP team. You know your child better than anyone. Share what you know about your child and what you wish others to know.

The team to discuss and decide on: 

a. the educational and other goals that are appropriate for your child; and 

b. the type of special education services your child needs.

What are related services? 

The IEP team will also talk about the related services your child may need to benefit from his or her special education. The IDEA lists many related services that schools must provide if eligible children need them. The related services listed in IDEA are presented between the dashed lines below. Examples of related services include:

a. occupational therapy which can help a child develop or regain movement that he or she may have lost due to injury or illness; and 

b. speech therapy (called speech-language pathology) which can help children who have trouble communicating.

Related Services as listed in IDEA

a. Transportation
b. Speech-language pathology
c. Audiology services
d. Psychological services
e. interpreting services
f. Physical therapy
g. Occupational therapy
h. Recreation (including therapeutic recreation)
i. Early identification and assessment of disabilities in children
j. Counseling services (including rehabilitation counseling)
k. Orientation & mobility services
l. Medical services for diagnostic or evaluation purposes
m. School health services
n. Social work services in schools
o. Parent counseling & training

This list does not include every related service a child might need or that a school system may offer. 

What is assistive technology?

The IEP team will also talk about whether your child needs any assistive technology devices or services.

Assistive technology devices can help many children do certain activities or tasks.

Assistive technology services include evaluating your child to see if he or she could benefit from using an assistive device. These services also include providing the devices and training your child (or your family or the professionals who work with your child) to use the device. 

How is my child’s placement decided? 

Based on the above discussions, the IEP team will then write your child's IEP. This includes the services and supports the school will provide for your child. It will also include the location where particular services will be provided. 

Your child's placement (where the IEP will be carried out) will be determined every year, must be based on your child's IEP, and must be as close as possible to your child's home. 

The placement decision is made by a group of persons, including you the parent, and others knowledgeable about your child, the meaning of the evaluation data, and the placement options.

In all cases, you as parents have the right to be members of the group that makes decisions on the educational placement of your child. 

Which of these placements is best suited for your child? 

Can he or she be educated in the regular classroom, with supplementary aids and services? (The IDEA prefers this placement.) If not, then the placement group will look at other placements for your child. 

Before the school system can provide your child with special education for the first time, you, as parents, must give your written consent.

Can my child's IEP be changed?

Yes. At least once a year a meeting must be scheduled with you to review your child's progress and develop your child's next IEP. The meeting will be similar to the IEP meeting described above. This annual IEP meeting allows you and the school to review your child's educational program and change it as necessary. 

But you don't have to wait for this annual review. You (or any other team member) may ask to have your child's IEP reviewed or revised at any time. 

Are IEPs written before the IEP?                                                                                                                                                                                                  Generally the school staff will write up a DRAFT IEP with present levels of performance, goals and accommodations.  The parents should           receive a copy of the DRAFT prior to the meeting with enough time to read and review.  The DRAFT is reviewed at the meeting and                        changes to it can be made based on the discussion of the team (including the parents). 

What is a 504 Plan?

A 504 Plan is also known as “Section 504 Plan” of the Americans with Disabilities Act. It is a formal agreement between the family and the school ensuring that proper accommodations are made for children with medical or psychiatric conditions, allowing the children to receive education.

What is the purpose of a 504 Plan?

A 504 Plan ensures that students with a disability are allowed to participate in academic, nonacademic and extracurricular activities. Students with disabilities are also guaranteed a Free Appropriate Public Education (FAPE).

What is the difference between a 504 Plan and an IEP?

An Individual Education Plan (IEP) falls under the Individuals with Disabilities Education Act (IDEA) and addresses instructional needs for learning differences. Students who already have an IEP may have accommodations for their diagnosis placed in the IEP section termed “other health impairment”.

How do we request a 504 Plan for our child?

Make your request either in writing or verbally to the school counselor, director of special education, school nurse or the head of the Child Study Team at your child’s school. If these staff are not available, the request can be made directly to the principal.

What are some of the benefits of a 504 Plan?

All teachers and school staff are notified of the 504 Plan.  Accommodations for standardized testing are easier to put in place.  The plan highlights what is fair and appropriate for the individual student.

What if a school says that a 504 Plan is not necessary for my child?

The 504 plan is a legal document. Public schools that receive any form of funding from the federal government must honor the family’s request for a 504 Plan.

Where can I find more information?

• Visit the Americans with Disabilities website at www.ada.gov or www.ed.gov for more information about 504 Plans and the disability rights law.

• NJ Education Law Center - https://edlawcenter.org