504s and IEPs: Advocating for Your Child’s Educational Supports
Becky Schimdgall, Kinship Family Facilitator
October in Tucson means fall break for many families, as well as marking one quarter of the school year already completed. A (very) few kiddos will be eager for caregivers to review their progress reports, but for most children, progress reports bring nervousness, anxiety, dread, or even fear of their caregiver’s reaction. Children who aren’t achieving excellent grades or demonstrating excellent behaviors in the classroom may have a cruel inner monologue of “I’m not good enough,” “I’m not smart enough,” etc. And for kiddos in foster care, even worse thoughts may creep in: “My family won’t want me back if I do badly in school.”
Progress reports shouldn’t be seen only as an opportunity to praise or reprimand a child. They are an opportunity for you, as the caregiver, to examine how your child is functioning in the classroom and to ask (yourself, your child, their teacher) if additional support would help your child learn more effectively or help them meet behavior expectations at school. If the answer is “yes,” this is an opportunity for you to advocate for your child, perhaps by establishing or revising a 504 Plan or IEP (Individualized Education Plan).
During our kinship dinner in October we welcomed a guest speaker to provide practical tips on how to advocate for your child in a school setting. Nicky Wingate, a parent of six children (three bio and three adopted through foster care) shared her experience establishing and updating IEPs and 504s for her children’s various needs.
(See our post Recommended Reading for Kinship Families for the list of books Wingate shared from her family’s collection.)
What is a 504 Plan?
A 504 plan is a general education provision that is created for an individual student who has a disability. This plan provides accommodations to allow them to access the general education curriculum.
If a parent requests a 504 meeting in writing, legally the school is required to have the meeting. The team at the meeting will determine if a 504, IEP or other general education support will be implemented.
A 504 requires a diagnosis, not testing. Your pediatrician can put the diagnosis in writing and you (as the guardian) must bring this paperwork to the 504 meeting.
A diagnosis does not mean the child automatically gets a 504 plan. The team will determine if there are barriers to the child accessing the general education curriculum and develop a plan on how those barriers can be removed.
Question to ask your child’s teacher/school staff to determine whether a 504 might be helpful: “Is this a normal, age-appropriate behavior or is it an abnormal, repeating behavior that is impeding their academic progress?”
Do an internet search for “creative solutions to help children with (problem behavior) in the classroom” to come up with some options to discuss at your child’s 504 meeting.
Document behaviors you observe at home to share with school staff in the 504 meeting.
Bring a bag of candy to your 504/IEP meeting so you can chew a piece when you need a moment to respond to someone respectfully 🙂
A 504 offers protections to the student, parent, and school as a safeguard for impulsive behaviors.
If a student has a 504 (or IEP), they cannot receive a long-term suspension or expulsion for their behaviors at school without the team reviewing and determining if the behavior is directly and substantially related to their disability.
Best practice is that a 504 plan is updated annually but it is not required.
What is an Individual Education Plan (IEP)?
The team may determine that a student with a qualifying disability needs specialized services and supports, which is an Individual Education Plan (IEP).
Some fast facts about IEPs are:
A student has to have a qualifying disability in order to be considered for an IEP.
When developing an initial IEP, the team will meet as a Student Study Team (SST) and discuss the student’s needs. This includes general education teacher, parents, school psychologist, special education teacher, and if needed the speech language pathologist, occupational therapist, physical therapist, etc.
The SST will determine what data needs to be gathered in order to determine if a student qualifies for an IEP. This may include academic testing, cognitive testing, adaptive behavior evaluations, speech evaluation, physical therapy evaluation, occupational evaluation, etc.
If a family gives consent the school has 60 days to complete testing. After testing is completed the team meets to review the results and determine if a child is eligible for special education services. If they are then an IEP is developed.
The qualification process for an IEP may look a little differently for each child. A common route includes:
Guardian and school will complete a Vanderbildt study
Child’s pediatrician makes a referral to a Developmental Pediatrician (wait times can be multiple years)
Testing with Developmental Pediatrician
Developmental Pediatrician writes letter to the school to recommend cognitive testing
School Psychologist tests child
Families can provide recommendations from a doctor, but schools are not necessarily required to develop an IEP or complete testing based on a doctor’s recommendations (though many will at least hold a meeting)
An IEP includes the child’s current academic and functional performance academically and behaviorally, annual goals, documentation of services that are tied to the annual goals, accommodations or modifications to the curriculum, and if needed behavior intervention plans (BIPs) or health plans.
If a child already has a documented disability (such as Autism Spectrum Disorder), it is generally a much easier process to have an IEP written.
Students may have special education services for only specific subjects or for all subjects.
High school students with IEPs that have significant cognitive disabilities may be in a special program in which they learn functional life skills so they can live as independently as possible, as an adult.
IEPs must be updated every year.
Wingate shared that while private schools don’t have to accept students with disabilities, they can get fined for doing this. They can, however, explain to you, the guardian, that their school does not have the services, staff, or facilities to meet your child’s needs and therefore may not be the best fit for your child. Wingate also shared that reading has been very helpful to her and her children as they navigate the educational system and life with various abilities and disabilities.
Remember: you have the opportunity to be your child’s greatest advocate. Make this opportunity count 🙂
We hope to see you next month for our last kinship dinner of 2023!
*This information is based on requirements of public schools (this includes charter schools), private schools have different requirements regarding support for students with disabilities. Contact your individual school for more information.
