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The Rights of Students with Disabilities – IEPs, 504 Plans

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First Steps:

The rights of students with disabilities begin at birth. Missouri First Steps coordinates services across the state for students up until their third birthday.

After an evaluation, First Steps services are provided in an Individualized Family Service Plan.

Transition from First Steps to Early Childhood Special Education:

Once a student is reaching the age of 3, a referral can be made to an Early Childhood Special Education provider for an evaluation to determine if the student may qualify for early childhood special education. Getting an evaluation is not dependent on involvement with the First Steps program.

 The IDEA requires that states, through their school districts, “identify, locate, and evaluate every child who may have a disability requiring special education services.” This obligation is called “Child Find.” This mandate not only obligates the schools to proactively identify children with disabilities but also provides parents with the right to request for their child to be evaluated. Requesting an evaluation is as simple as sending a letter to the school district’s director or coordinator of special education. You will also need to subsequently sign a permission form provided by the school district.

 

Individualized Education Program:

As part of the evaluation process, services are planned and outlined through an IEP, or an Individualized Education Program. This is a formal process with specific timelines and metrics that must be followed by a school district.

    • A key part of developing an IEP is the IEP meeting, where parents have the opportunity to discuss with educators their child’s needs, available services, and desired outcomes. Some resources to help parents prepare for the IEP process for their child can be found here: IEP Process.

Disputes or How to Voice Disagreement:

If a parent does not agree with the results of an evaluation for an IEP, state and federal law lay out the processes for disputing or voicing disagreement, with steps ranging from a facilitated IEP process to filing a more formal complaint.

    • If a disagreement remains about the assessment or plan of services for the student, parents can take next steps to initiate a dispute. Those processes and links to the relevant forms can be found here: Due Process/Child Complaint/Mediation/FIEP.

Section 504 Plans:

Section 504 Plans are intended for students with disabilities who have a medical or mental health condition that substantially impairs or limits one of the student’s major life activities (i.e., breathing, concentrating, walking, or learning).