Education Law: Tips for Requesting Special Education Services for your Public School Student
- Robyn Painter
- Apr 29
- 4 min read
Updated: May 1
Use these steps to request a Section 504 plan for accommodations or plan for special education services under IDEA.
Have your child evaluated by a private psychologist (optional)
If you are financially able to have your child privately evaluated by a private psychologist before you notify the school about the need for accommodations or services, this will often place you in a better position to ask for services later. The law requires school districts to do their own evaluation, so this is not always necessary, but often a good idea because a private psychologist may take more time and run different tests that can inform how the school psychologist views your child's needs.
Notify the School in Writing of your Desire to Have your Child Evaluated for a 504 Plan or IEP.
Once you have determined that your child is struggling in school and may need help because they are a person with a disability (e.g. they have a significant impairment in a major life activity that impacts their ability to access or benefit from their education), you should write to your child's teacher and the school's special education coordinator and request and evaluation for a 504 plan or an IEP (Individual Education Program). Section 504 is a statute that provides civil rights protection for people with disabilities in many different settings, including schools. Accordingly, a 504 plan will include accommodations that do not cost the school anything to provide, but which may help your child to better access their education. An example of a 504 accommodation is extended time on testing. IDEA is a special education services and funding statute that allows the school to create a plan of services called an IEP for children who need extra help or services to benefit from their educational environment. Common services under an IEP may be speech services, specialized small-group instruction, or 1:1 paraprofessional support.
If you chose to have your child privately evaluated (see step 1), you should include a copy of your evaluation in your correspondence with the school.
Make sure you sign the consent to evaluate
Once you send the written request for evaluation, offer to come in person to the school to sign a consent to evaluate form. Make sure that you are not consenting to Response to Intervention (RTI) or Multi-tiered Student Supports (MTSS) plan development. These are interventions that fall short of the legal protections provided under a 504 Plan or IEP.
Wait 60 School Days
Once you have requested and signed consent for evaluation, the school has sixty school days to evaluate your child. This time frame does not include weekends or school holidays, so can frequently take 3-4 months to complete. You may calculate this timeframe yourself and request a meeting at a time that is convenient for you at the end of this period. The school may also request a specific time for this meeting.
Have the Eligibility Meeting
The IEP/504 eligibility is the most important step of this process because it is where the IEP or 504 team makes the determination whether your child is due services or accommodations from the District. If you do not feel comfortable advocating for your child's legal rights in this meeting, you should consider hiring an education attorney or a qualified education advocate to help you. Things to remember for this meeting:
a. You are an equal member of your child's IEP/504 team;
b. You have a right to speak and be heard;
c. You may record this meeting (and you should);
d. This is supposed to be a collaborative meeting, so it is often strategic to bring a snack or beverages (cookies and a carafe of coffee will do!), especially if the meeting runs over lunch time. You don't want the team members to be hangry.
e. The school will share their data and findings. You have a right to bring a psychologist or tutor to help you share your information about your child.
f. If you do not get the result you want, you may appeal this team's decision through the due process mechanism in your state. It is highly advised that you have an attorney help you with this process.
g. After the meeting you have a right to request edits to the meeting notes or to file an addendum to the eligibility report to have in your child's educational file.
Accommodations and Services Meeting
If your child is found eligible for a 504 Plan or IEP, in many cases the school will set a separate meeting to talk about what services are appropriate. This is a great time to let the team know what has worked best for your child in tutoring or at home that may not be happening in school. You can also request extended school year services for your child over the summer if you feel there is a likelihood that your child's learning will regress or significantly backslide during the summer months. Make sure that your child's goals in their Plan are SMART--specific, measurable, academically appropriate, realistic, and time-bound.
Review Yearly
In most districts, the IEP or 504 team will come together yearly to review your child's progress toward the goals. You will also likely receive written, periodic progress reports if your child has an IEP. School districts MUST review a 504 Plan or IEP at least every three years, though most do it more frequently.
Remember that No one is Going to Advocate for your Child Like You.
Your kid is so lucky to have you advocating for them! The world is full of kids and adults who never had an advocate in their corner. No matter what you encounter, never stop showing up for your kid and being their advocate.
Comments