Last updated on November 26, 2023
Podcast 0006; Season 01, Episode 06; April 20, 2018
Welcome to the alphabet soup of specials education (SPED) acronyms and jargon. This episode introduces some of the terms parents and guardians need to master to navigate the K12 experience. Examples include IEP, 504, Rehab Act, LRE, ADA, IDEA, and OSEP.
Transcript (lightly edited)
Hello and welcome to The Autistic Me Podcast. I’m Christopher Scott Wyatt.
This week we are discussing education support plans in K12 settings. As a student, educator, and parent, I have experienced the challenges of educational supports and appreciate how intimidating seeking supports can be.
Before discussing constructive approaches to seeking supports from a school, it is helpful to review the various types of support plans available. After I discuss these plans, Lu Randall of the Autism Connection of Pennsylvania will join me to explain how to best seek these plans for your child.
Plans and strategies are not always formal documents. Good teachers adapt their instructional techniques and classroom spaces to the needs of every student because everyone has some special needs.
As a teacher, I watch students at work to discover their needs. Some students need to doodle or they disturb others. Some students need to sit by windows or doors. Most importantly, I watch to see how students read the whiteboard and if they lean towards speakers. Vision and auditory challenges affect classroom behavior and learning outcomes. Sometimes, a problem student is actually a frustrated student.
Good teachers also ask parents or guardians questions and listen to the answers. This isn’t a formal process, except during teacher conferences.
As parents or guardians, we need to listen to our children, too. Do not ask “How was your day?” If what you mean is, “Did you get into trouble today?” Instead, ask what the lessons were about that day. Ask which friends your child played with at recess or sat with at lunch. Ask what was the most fun that day and what was most difficult. Listen closely. You might hear things you need to discuss with the teacher.
If you determine that a child needs formal supports, then you will likely be seeking one of three processes. The best-known of these in the autism and neurodiversity community might be the IEP, or Individualized Education Program. However, a school might recommend a 504 Plan or a less formal education access plan.
The Rehabilitation Act of 1973, under which the 504 Plan originates, was the first effort by Congress to ensure that individuals with special needs received “Free and Appropriate Public Education” opportunities. Recognizing the Rehab Act was insufficient, the Education for All Handicapped Children Act was passed in 1975.
The Individuals with Disabilities Education Act, or IDEA, replaced the Handicapped Children Act in 1990, and IDEA was revised in 2004. The Department of Education’s Office of Civil Rights (OCR) and Office of Special Education Programs (OSEP) oversee school compliance with IDEA and the Rehab Act.
The simplest way to consider the three types of plans for me is to think about access to learning.
The IEP is for individuals with specific challenges that limit life activities. We might resist the word, but IEPs are for disabilities — challenges that prevent us from participating in some activities.
A 504 Plan helps a student participate in the classroom with some minor adjustments. For example, a child with glasses might be seated for optimal viewing of a whiteboard or projector. The child doesn’t need ongoing special education, only a minor change to the space.
An engagement or access plan is a plan created by and implemented by the classroom teacher to address needs such as learning style differences. For example, a child might be allowed to stand while reading to help self-regulate.
The Individuals with Disabilities Education Act lists 13 disability categories that generally qualify a student for an IEP. Learning disabilities, executive function disorders (such as ADD/ADHD), autism, traumatic brain injury, and physical challenges are listed specifically within the law.
Because autism is mentioned within the IDEA and associated regulations, I want to spend most of this episode on the IEP process. Autism is a recognized disability, contributing to many classroom challenges that need to be addressed by schools to ensure a student’s success.
A bit of a tangent, but many autistic adults are offended when I state that autism is a recognized disability. They would prefer “difference” and I understand that distinction. As with the autism label itself, I find myself ambivalent. I hate the term disabled because at some point everyone is unable to do some basic life activities independently. But, I also believe we need to be honest about autism — it does negatively affect our daily lives.
Semantics and labels matter when you are seeking educational supports, especially later in life. Arguing for change is great, but the laws for accommodation use the word disability to mean anything that limits us from independent, unassisted engagement with the world during our daily routines.
An IEP, in theory, helps a student succeed by offering supports that offset disability limitations. The goal is always to create a learning experience that is appropriate for the student within the least restrictive environment (LRE).
We want students with special needs within the traditional classroom whenever possible, for the benefit of those students and the wider social benefits to other students.
We do not want people with disabilities hidden away, either shoved into a dark corner of the standard classroom or isolated in a special education room. When mainstreaming into the traditional room is impossible, there should still be times during the day when the disabled student is included among all students.
The IEP process is detailed explicitly by federal regulations and legal precedents.
First, a school should automatically initiate the IEP process for any student covered by the named 13 categories of disabilities. There is absolutely no excuse for a school to not have an IEP for a student with mobility, vision, or hearing impairments. These poorly-named “obvious disabilities” are those that nobody can claim were unknown to the school. Within a single school day, it is impossible to miss that a student uses a wheelchair or is Deaf.
Unfortunately, the invisible disabilities of executive function disorders, autism, depression, anxiety, and various learning challenges might be missed by a teacher and school staff. Too often, advocates like me are contacted because a student with invisible disabilities is being reprimanded for behavioral issues. Too often, I’m contacted after a child has been punished with detention or suspension from school.
A parent or guardian should seek an IEP meeting for any new evaluation, continuing supports, or a re-evaluation in the spring before the new school year. This is especially important for children entering school or starting at a new school. The process for evaluation takes time, even with a supportive school administration.
Even if your child does not have a disability in one of the 13 categories, initiating and updating a 504 Plan should follow this same schedule. In some cases, an IEP evaluation leads to a 504 Plan and in rare instances, I’ve met parents of students moved from a 504 Plan to an IEP for more intense supports.
From the moment an IEP meeting is requested, a school has 15 days to schedule the initial meeting with a parent or guardian. That first meeting will be to discuss how to proceed with the evaluation for an Individualized Education Program. Understand that the school this has 45 days to evaluate the student and another 30 days from that to implement any IEP, if it is determined an IEP is appropriate.
If the school determines an IEP isn’t necessary to meet the needs of the student, a parent or guardian can request an Independent Educational Evaluation. The school then has yet another 30 days to respond to that request. The school can deny the independent evaluation, leading to a due process hearing or arbitration.
If everything goes smoothly, an IEP can be in place within two months. If things do not go smoothly, it can take six months to obtain either an IEP or a 504 Plan. This is why you should begin the process six months before the new school year.
IEP meetings involve a lot of people, by law. The “IEP Team” isn’t always seeking the same outcome since special education requires a great deal of a school. The mandated team includes the parent or guardian, the student’s lead teacher, a special education teacher, a school psychologist, and the district administrator in charge of special education. The meetings can feel a bit crowded.
Once your child has an IEP or 504 Plan, there should be annual meetings of the team. If an IEP is in place, there must be a full re-evaluation every three years.
Parents and guardians need to remember that an IEP covers special education needs. The student must have disabilities that limit classroom activities and participation in a significant way. You do not receive an IEP for minor accommodations.
But, remember that autism, executive impairments, learning disabilities, and diagnosed mental health issues are covered specifically by the Individuals with Disabilities Education Act. If a school tries to suggest a 504 Plan is sufficient, you might remind the school administration that your student has a legally recognized disability.
Have any and all disabilities appropriately documented, and mention that the diagnoses were made by healthcare professionals. Create a binder with copies of the documentation from doctors, psychologists, and other healthcare providers. Bring that binder with you to every IEP or 504 Plan meeting to demonstrate, without being confrontational, that you understand the rights of your student.
And now, it’s my pleasure to bring Lu Randall of the Autism Connection of Pennsylvania into this week’s conversation on The Autistic Me Podcast.
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