The Insider Guide to IEPs and Getting Help From Your Child's School

By: Troy and Lisa Hubbell - Your Dyslexia Expert

Expert Dyslexia Support, Any Time, Anywhere

One complaint that I hear frequently from parents who hire us for online dyslexia help and expert online dyslexia support is that their child’s school isn’t listening.  They are frequently told to give the interventions more time, or wait and see, or that there are more steps in the MTSS process.  The entire process can be overwhelming and frustrating, and all the while you can see that your kid is struggling and not getting the help they need.

I taught special education in US public schools for almost a decade and a half.  As a former special education teacher, I know all too well what goes on behind the scenes in a school and what questions to ask and which actions to take to get the best possible support for your child.  Here is what you need to know to get help now.

What is an IEP and what is a 504?

There are two legal documents that can provide support to students with learning disabilities like dyslexia and ADHD.  They are called IEPs and 504s.

There are also several categories of supports that will be mentioned here.  “Services” refers to designated time with a special education teacher to work on a foundational skill deficit that prevents a child from accessing the content in the general education classroom.  “Accommodations” are tools, strategies, or environmental adjustments that can be made within a general education classroom to remove barriers to a child’s access to content.  The content being taught stays the same.  “Modifications” are adjustments to a curriculum, assignments, or assessments that alter what a child is expected to learn.  Most students on an IEP/504 will NOT need any modifications.  Modifications are generally reserved for students with intellectual and other severe disabilities, and will only pertain to a small percentage of children (thus, we will not discuss them much beyond this).  

IEP stands for Individualized Education Plan.  IEPs are regulated by a law called the Individuals With Disabilities Education Act.  This law guarantees all students, regardless of disability, a “free and appropriate education in the least restrictive environment possible.”  If you qualify for an IEP, this is the document you want.  An IEP can provide special education services with experts, accommodations, assistive technology, and any other kind of service or support that a school can provide.

A 504, short for section 504, is a document that comes from a law called the Rehabilitation Act which prohibits any institution that receives federal funding from discriminating against people with disabilities.  A 504 can provide assistive technology and accommodations.  It cannot provide services.  There are some states that have particular structures through which students can receive services with a 504, but those structures are unique to those states.

Which one do I want?

The short answer is that you want an IEP if you qualify for one.  It is a much more expansive document and can do much more for your child.  Equally, 504 coordinators in schools often have huge caseloads and are not able to oversee the implementation of 504s as well as one might wish.  Special education teachers can also be overwhelmed but you are much more likely to get more individualized attention from a special education teacher.  Special education service providers are also much more likely to have the kind of specialized training required to help students with dyslexia and other disabilities.

How do I get an IEP?

Many parents don’t know this, but you have the legal right to request special education testing at any time.  After you request special education testing, the school has 10 calendar days to respond.  They either need to issue a formal document explaining why they are declining to evaluate your child, or they need to do the assessments.  In most cases, schools will opt to avoid the headache and do the assessments.

Submit the request in writing in an email.  Make sure that the principal, the child’s teacher, and a special education teacher are all included on the email.  A classroom teacher may not understand the implications of you asking for special education testing, but the principal and the special education teacher should.  Ask for testing in whatever areas are concerning to you, but also request testing in all areas to identify other related services. A school can sit on a request for testing if there is no formal documentation of that request.  Put in writing and include all those people and any competent school will be quick to respond.

For dyslexia, you want to ask for an evaluation for a specific learning disability in the areas of basic reading and written expression.  The school may not want to use the word dyslexia.  That’s ok.  A specific learning disability in basic reading is what a school calls dyslexia.

Keep in mind that many students who have a disability will not qualify for an IEP.  This is an unfortunate result of an education system that does not have all of the resources it needs, and is unfortunately one of the reasons why tutors like myself are so busy and necessary.  We make up for what the schools should be doing and don’t have the resources to do.  In order to qualify for an IEP, students must be significantly below grade level and must perform very poorly on standardized tests that compare them to their peers.  If you feel that your child should have qualified for services but did not, keep reading.  There is more advice below.

If your school tells you that you need private testing immediately get the help of a professional special education advocate or lawyer.  You don’t ever need private testing and the school may have just put themselves in a position where they now have to pay for a private evaluation if you press the issue.

How do I get a 504?

504s are designed to be much easier to get than IEPs.  All a child has to do in order to qualify for a 504 is to have some problem (there are many many disability categories so there is a lot of flexibility) that is preventing them from being able to access their free and appropriate public school instruction.  There also has to be some accommodation that is not offered to every student that your child needs in order to access instruction.  That’s it.  It’s a very easy process.  When the school is able to document that providing the accommodation solves the access problem, and that the student truly does need the accommodation, they are able to provide a 504.  504s have the same legal backing as IEPs.  It is unlawful for a school to not provide the accommodations listed on them.  They do not provide services.

What do I do if I requested testing in writing and my school still isn’t listening?

This gets tricky, and I will be honest.  It can be better to move schools than to stay in a school that is not meeting the needs of your child.  Even if you force a school to provide a service that they are required to provide, they may not do it well if they aren’t properly trained or resourced for it.

That said, a school has several legal mandates.  They have a “Child Find” obligation in that they need to be able to appropriately identify students who require special education services and as part of that you have the legal right to request IEP testing.  They have a legal mandate to provide free and appropriate instruction in the least restrictive environment possible.  They also have a legal mandate to provide instruction with an IEP that is reasonably likely to succeed in helping the child.

If your rights are being violated, it is time to consult the services of a professional advocate.  Most areas of the United States have advocates that will work with families free of charge.  You just have to look.  This is also a service that I provide to my tutoring clients free of charge.  A good advocate should let you know what you can advocate for, what you can do if the school does not comply, and the potential good and bad consequences of going through the proper legal channels to get services for your child.  They should let you make the decisions and provide you with the follow through that you need while making sure that you are fully informed.

As a special education teacher, I was always happier when my families had an advocate.  There were many times when I wished that families would ask for something that I thought the school should be providing but that the district did not want to provide.  I was also happy when an advocate was able to explain to a parent why their child didn’t qualify for a service even when they needed help, and was able to help them troubleshoot the best ways to get support.  It is easier for parents and schools when there is an expert in the room on both sides.

The one thing that I would caution you about is advocates who will always push for more services or who take an aggressive and antagonistic approach to schools.  When a school thinks they are likely to be sued, they become very careful about communication.  This is bad.  Equally, when a school perceives an advocate as being difficult they go into an IEP meeting with a strategy to defend whatever their preferred plan is rather than with the intention of developing a plan alongside you and the advocate as they should.  There is a time and a place to stand up and push back on a school, but you want an advocate who knows when to push and when to work with a school.  Ultimately, it should be your choice how much to escalate an issue and how far to escalate it.

Concluding Thoughts

The special education process is daunting.  It can feel overwhelming to veteran special education teachers.  It can feel incomprehensible to parents.  If your child needs expert dyslexia support or school advocacy based on the science of reading, it is always best to have an expert in your corner.  We provide online dyslexia support that works and comprehensive school advocacy and executive functioning support for challenges like ADHD to our families.  Our job is to give your student the best possible chance at success in school and in life.  We can help.  Book your consultation HERE.