Parents who are plunged into the turbulent and confusing waters of special education may find it complicated and challenging. To help find the right educational programming for your child, it is crucial to avoid these common mistakes when seeking an IEP or 504 Plan.
Lack of Preparation
Parents who attend educational programming meetings without adequate preparation will be overwhelmed and ineffective.
Avoidance Tip: Do your research and bring your documents. Gather and organize all your child’s records, including medical reports, psychological evaluations, physical, speech, and occupational therapy evaluations, expert reports, and past IEPs or 504 Plans. Strongly consider a consultation with an attorney who is experienced in special education and disability law in advance of any meeting with school staff. That way, you will be informed of your rights before the meeting.
Not Understanding the Difference Between IEPs and 504 Plans
IEPs and 504 Plans are both specialized educational plans, but they have clear and important differences.
A Section 504 Plan is a plan of reasonable accommodations given to a student who has a physical or mental impairment that substantially limits one or more major life activities. School districts are responsible for providing students with disabilities equal access to district-sponsored educational and noneducational (extracurricular) programs. If the student with a 504 Plan requires accommodations to do so, then the district is required to provide those accommodations in a written, legally enforceable plan.
A student is eligible for an Individualized Education Plan if they have a disability that adversely impacts their educational performance, and they require special education. If they are classifiable as Eligible for Special Education and Related Services (ESERS), they are eligible to have their IEP team develop an IEP for their unique needs to help them make meaningful educational progress. Pursuant to a case decided by the United States Supreme Court, the IEP must be appropriately ambitious.
Avoidance Tip: Advance consultation with an experienced attorney will help you determine whether your child is eligible for an IEP or a 504 Plan. Then you will understand the eligibility criteria and your other legal rights before you attend the meeting with school staff.
Failing to Clearly Communicate Your Child’s Needs
Effective communication is another critical element in securing an appropriate educational plan for your child. Do not assume the school staff fully understands your child’s needs. They may be distracted by multiple responsibilities. They may be influenced by financial considerations. They may have done inadequate testing or be hampered by unconscious bias.
Avoidance Tip: Clearly articulate your child’s strengths, challenges, and specific needs. Provide concrete examples of how these needs manifest in the classroom and suggest specific accommodations or services that can help. Be prepared to ask for specificity in your child’s plan and have the necessary documentation to support your requests.
Not Being Assertive
As a parent, you may feel intimidated at meetings that are staffed with school officials and child study team members. If, as a result, you fail to advocate strongly for your child’s needs, the staff may create an IEP or 504 Plan that does not fully address your child’s needs.
Avoidance Tip: Approach the meeting with confidence. Remember that you are an equal partner in the process and that your insights are invaluable. You know your child best. If necessary, bring an advocate or attorney to support you.
Accepting Inadequate Services or Accommodations
School staff regularly propose inadequate educational plans for children. You may be the only thing that stands between your child and a program that will not provide an educational plan tailored specifically to your child’s needs.
Avoidance Tip: Understand that you have the right to question or reject inadequate proposals. You can request detailed explanations and justifications for the proposed services and accommodations. If you go to the meeting prepared, you can negotiate and request the services you know your child needs.
Overlooking Goals and Benchmarks
The law requires an IEP to contain goals and objectives that are specific and measurable to track progress.
Avoidance Tip: Make sure to review the goals and objectives in the proposed program. Use these to regularly review and monitor your child’s progress.
Ignoring Your Child’s Input
The law allows older students (can we specify an age range here) to provide input into their educational program. They may provide valuable insights into their own needs and preferences.
Avoidance Tip: If your child is capable, you can involve your child in planning their educational program. Work with them to prepare in advance and to voice their thoughts at the meeting. This can be an important learning experience.
Failing to Follow Up
Obtaining an IEP or a 504 Plan is just the beginning. Parents sometimes believe once they secure the plan, the work is done.
Avoidance Tip: It is important to monitor your child’s program, work, and progress. Keep close contact with school staff who work with your child.
Failure to Document
Parents and school staff who rely on verbal communication may easily forget or misconstrue intentions or agreements.
Avoidance Tip: Remember, if it is not written down, it did not happen. Make sure to document all interactions with school staff and keep all documentation in one place.
Not Seeking Professional Help
Parents often try to obtain a good educational plan without professional advice.
Avoidance Tip: Consider consulting a special education attorney who can provide expert advice. They can help you understand your rights, prepare for meetings, and advocate effectively for your child.
An effective special education plan is a critical step in ensuring your child’s success. You can be a more effective advocate and partner in your child’s education by following these 10 tips. Consultation with professionals, personal preparation, clear communication, assertiveness, and monitoring are key to navigating this complex process. Remember, you are your child’s best advocate, and your efforts can make a significant difference in their educational journey.
Andrew Meltzer is a special education attorney at Sussan, Greenwald & Wesler, which has offices in Cranbury, Paramus and Shrewsbury. A classified student who conquered his learning differences, Meltzer helps special needs students attain the success in school and life they are capable of through his advocacy.
Meltzer graduated from the University of Delaware with a degree in history and political science and earned his J.D. from Drexel University, Thomas R. Kline School of Law. While clerking in the Education Section of the New Jersey Attorney General’s Office, he built up a working knowledge of the special education legal framework and the practices of the Office of Administrative Law. He also prosecuted nearly twenty trials as a Certified Legal Intern for the Philadelphia District Attorney’s Office. For help with special education issues, contact him at info@sgwlawfirm.com.
