How to be an IEP Whiz: A Q&A session with John Flanders, Educational Rights Attorney 

Q: What are the basic elements covered by law for an Individualized Education Program (IEP) and how are they different from a 504 Plan?

A: An IEP provides federally protected education and support for students (birth through age 22) with disabilities. It covers children who have a specific list of conditions and require specially designed instruction to meet these goals. A 504 plan provides equal access to services and aims to prevent discrimination against any student who meets the qualifications (including in post-secondary schools). All students who qualify for an IEP also qualify for a 504 plan.

Q: Who should be in an IEP meeting and how often can you meet?

A: The federal legislation that governs IEPs states that a caregiver/parent, at least one regular education teacher, at least one special education teacher/service provider, a school official, and a person who can interpret and explain the results on any evaluation can attend. The student can attend as well when appropriate. Parents or guardians are the only ones with the right to waive who can attend. IEP teams must meet at least once per school year, but anyone associated with the student can call for a meeting if needed.

Q: Who can make changes to an IEP? What can a parent do if changes are made the child’s school without their knowledge or sign off?

A: Changes can be made following a meeting or a written agreement. Parents must provide consent for any additional evaluation.

Q: What are a parents’ options if a school does not follow the IEP?

A: Parents can file a complaint with the state and request mediation. If that fails, there is the right for parents or school to call for a due process hearing, and an appeal can be made within the courts.

Q: What are typical services provided for a child with a cochlear implant?

A: Some students with hearing loss do not require modified curriculum or presentation but do receive direct services so this may be another professional. For example, if your child is getting direct speech and/or language services from a Speech-Language Pathologist, that person may provide pre-teaching or provision of new vocabulary ahead of new content being introduced That may be considered specially designed instruction or an accommodation. Such services may also be provided by a Teacher of Children who are Deaf or Hard of Hearing.

Q: How should a parent prepare for a meeting, especially the first one?

A: Talk with your clinicians and others about goals for your child and prepare a list of questions or thoughts before the meeting. Engage with fellow families about their IEPs and most important – know your rights!

Q: For parents of children with hearing loss, what are some good guidelines and goals for inclusion in their IEP?

A: Options can include:

• Supports to address environmental needs, such as a seat location that best meets his or her needs, and consideration of how to support optimal listening which might include acoustical considerations.
• Hearing assistive technology such as an FM system or hearing loop
• Captioning or an interpreter if the child is using sign language
• Pre-teaching new content or providing materials that parents can use to support their child at home
• Testing adaptions
• Language development support
• Support to help them effectively use their technology in school e.g. AVT

An evaluation of the acoustical environment in the classroom may be requested or specific adaptations may be needed such as evaluating the HVAC system to determine if it is operating properly, keeping doors and/or windows closed, or removing a bubbling aquarium from the classroom.  Parents may want to evaluate where in the classroom the child should sit to minimize noise from heating/cooling systems or from outside the classroom. Sound-absorbent felt pads under the chair legs results in a quieter classroom by eliminating the scraping noises caused by students moving their chairs.

Q: How do things change as kids age into middle/high school?

A: The transition from elementary to middle/high school comes with a lot of change. It’s a good chance to reevaluate and consider the new environment (lockers, changing classes, elevators, etc.) and which accommodations are needed to address those new scenarios. It is also a timeframe when the academic elements become more challenging and their need for other supports may kick-in. This is also the time to work with your child on self-advocating for their needs, wants, and goals. Keep in mind, IDEA states that every student with an IEP must have an Individual Transition Plan (ITP) by the time they turn a certain age (varies by state). Parents should also encourage self-advocacy for their child as early as feasible.