The two main legal frameworks (US)
IEP — Individualized Education Program
- Under IDEA (Individuals with Disabilities Education Act, 1975)
- For students who need specialized instruction
- Free, legally binding plan with goals, services, and accommodations
- Reviewed annually; reevaluated every 3 years
504 Plan
- Under Section 504 of the Rehabilitation Act (1973)
- For students who need accommodations but not specialized instruction
- Less detailed than an IEP; no goals or progress monitoring required
- Often used for sensory accommodations, extended time, breaks
How to request an evaluation
You have the right to request a special education evaluation in writing. Once you do:
- The school has a federally regulated timeline to respond (varies by state, typically 60 days)
- You do not need a private diagnosis first
- You do not need teacher agreement
Sample wording: "I am requesting a comprehensive special education evaluation for my child under IDEA to determine eligibility for special education services. Please provide the consent form."
What to bring to meetings
- Private evaluations (if you have them) — diagnostic reports, OT, SLP
- A one-page profile of your child — strengths, sensory needs, communication style, what helps, what hurts
- A parent input statement (legally required to be included)
- A support person: another parent, an advocate, a friend
- Notebook and pen (or recording — most states allow it with notice)
Common accommodations worth asking for
- Sensory tools (headphones, fidgets, sunglasses)
- Movement breaks on demand
- Quiet space access (not earned, available)
- Extended time on assignments and tests
- Reduced homework load
- Visual schedules
- Alternative recess
- AAC access
- No forced eye contact, no forced group work
- Advance notice of fire drills when possible
Key principles
- Least Restrictive Environment is a right, but so is appropriate support — don't accept mainstreaming without services
- You are an equal team member — schools sometimes act otherwise
- Everything must be in writing to be enforceable
- You can revoke consent for any service
- Mediation and due process are your legal recourse if the plan isn't followed
Resources
- Wrightslaw (wrightslaw.com) — gold standard for special education law
- Council of Parent Attorneys and Advocates (COPAA)
- Your state's Parent Training and Information Center (free, federally funded)