IFSP / IEP / 504 PLANS

By Bill Duck, M.Ed.

Covers: does your child even need accommodations? · IFSP — where you may start · entering school: 504 or IEP? · 504 Plans · IEPs & Appeals · Post-Secondary overview

Note: None of this is to be considered legal advice. The presenter is not a lawyer, nor plays one on TV.

Presenter bio: University of Maryland, 1990 — Bachelor’s in Journalism. Reporter/Editor at The Daily Times, 1990–1993. Teacher, Wicomico County Public Schools, MD, 1994–present. Master’s degree Dec. 2002, Salisbury University — M.Ed. (Teaching and Learning with Technology). Member, IEP and 504 teams, 1994–present, Wicomico County Public Schools. 2016 Wicomico County HS Finalist, Teacher of the Year. Father to a college-age son with Ocular Albinism & Nystagmus.

Does Your Child Even Need Accommodations?

Nystagmus by itself is not a qualification for visual impairment for IEP/Special Education eligibility. The diagnosis alone does not determine whether the child receives a 504 plan or Special Education services. There must be an ophthalmologist’s statement of visual impairment, and a determination of “educational impact” through assessment.

Your Child Has Nystagmus — What Does That Mean for Their Education?

• You may want an IFSP (Individual Family Services Plan) soon after diagnosis, to provide therapies until age 3.
• An IEP or a 504 plan can help once the child enters school.

First Things First — IFSP

Even before your child enters school, they may qualify for an Individual Family Services Plan until age 3. Services provided, and the process for starting and maintaining an IFSP, vary from state to state — and who handles the IFSP may vary as well (for example, in Maryland, schools handle IEPs, but each county’s Health Department handles IFSPs).

IFSP — How to Get One

Once you have a diagnosis of a vision problem from a doctor, ask that doctor which state agency handles IFSPs. Your child’s pediatrician should be able to tell you who in your state handles the creation of an IFSP.

IFSP — What Does It Do?

In most cases, an IFSP is the mechanism states use to handle delivery of services, like therapy:

• Occupational Therapy — often focuses on hand-eye coordination and fine motor skills
• Speech Therapy — can help with proper pronunciation of sounds
• Physical Therapy — focuses on gross motor skills

Some therapies may only be in place for a matter of months. Review of an IFSP should happen every 6 months, and no longer than 1 year.

Ages 3–5 — Now What?

Ages 3–5 are tricky legal ground. After age 3, the IFSP agency is no longer bound to provide services except those needed in an educational setting — but most 3- and 4-year-olds aren’t in an educational setting. At the last transition meeting that closes the IFSP, make sure to get information on who, if anyone, will provide services before schooling starts.

School Begins — IEP & 504 Plans

• IEP = Individual Education Plan
• 504 Plan = refers to a specific section of federal law

These are two different ways to address student needs, under two separate laws.

Ready for School: What Happens First?

• When the child is about to enter school, present all information regarding the impairment to the person in charge of IEP/504 referrals at the school — don’t wait until school starts.
• Make sure you have recent documentation of the impairment from the child’s ophthalmologist; eligibility cannot be considered without medical documentation of an impairment.
• The IEP team includes an IEP chairperson with administrative duties, a general education teacher, and a special education teacher (usually the teacher of the visually impaired). More members may join if there are additional concerns.

Be Prepared — The Answer May Be “No”

Nystagmus by itself is not a qualification for visual impairment for IEP/Special Education eligibility. It’s possible to have nystagmus and have it not affect vision enough to impact education. There must be an ophthalmologist’s statement of visual impairment and a determination of educational impact through assessment.

On the other hand, a 504 requires just the presence of a medically diagnosed disability, in most cases. Your Local Education Authority (LEA) can clarify.

IEP vs. 504 — Which Is Appropriate?

The school system will order educational testing and ask for medical information to decide if an IEP or 504 plan is needed. Per the Dept. of Education (2017): “During the first step, the eligibility team is required to reach a decision as to whether the child has one or more of the conditions that the State has identified and believes could affect a child’s vision functioning.” The school does educational testing while you provide vision information from the child’s eye doctor. (Reference)

After results are back from vision and educational assessments, the IEP group meets again to decide whether an IEP or a 504 is most appropriate. For a school, the determining factor is simple: do the needed accommodations require direct special education intervention?

• If no, most schools will suggest a 504 plan.
• If yes, the answer is usually an IEP.

Additional testing may be ordered by the school system to help make this decision.

What’s an IEP?

An Individual Education Plan sets goals for academic performance and spells out what services your child will receive and how often (e.g., “Student is to receive 5 hours per week of small-group academic reinforcement with a special education teacher”).

Under FAPE (Free and Appropriate Public Education) doctrine, your child has the right to accommodations that help them learn as any average student would — not the right to services that help them achieve their personal best, just what would help them achieve a normal education.

What’s a 504 Plan?

Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds. It’s a civil rights law. (Reference)

What Do They Have in Common?

• Both should include language about educating the student in the Least Restrictive Environment (LRE) — ideally in a “regular” classroom with accommodations and services.
• Both must be updated yearly; goals should be reviewed and transition plans for after high school should be in place.
• An IEP stops at high school graduation. A 504 plan can be used in colleges that receive federal funds, but students become responsible for providing needed materials themselves.

What an IEP May Include

Typically used when ongoing services are needed:

• Dictation for tests (doesn’t require an IEP by itself)
• Additional time for reading/writing assignments (doesn’t require an IEP by itself)
• Additional supported instructional time (“coaching class”)
• Placement in a classroom with a Special Education teacher
• Training in use of assistive technology (magnifiers, CCTVs, text readers, etc.)

IEP goals must be “measurable annual goals, including academic and functional goals, designed to: meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum and meet each of the child’s other educational needs that result from the child’s disability” (20 U.S.C. § 1414(d)(1)(A)(i)(II)).

Sample IEP goals: tsbvi.edu — VI Goals and Objectives

What’s a 504 Plan? (Continued)

A 504 plan is typically a series of accommodations to help the student participate in class as a non-disabled student would. “Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met.” (Reference)

Your child has the right to be average, basically — 504 law does not provide for extra measures to help a child achieve above what an average child would achieve.

When Is a 504 Plan Started?

If your child is entering school with a vision disability, ask for a meeting with the school immediately to begin an evaluation of whether an IEP or 504 plan is appropriate (same procedure as above). Bring medical documentation — a 504 plan can’t be started without a medical diagnosis. Ask the doctor to be as specific as possible about your child’s needs (glare, contrast, type size, no sharing materials, etc.).

At the initial meeting (or soon after), the team may decide a 504 plan, not an IEP, is the best fit. 504 plans can cover many of the same accommodation areas, but typically won’t include a list of goals, follow-up testing, or extra instruction such as small-group coaching time.

Sample Accommodations in a 504 Plan for Low-Vision Students

• Have the student sit near instruction.
• Enlarge materials to a degree that works for the student — bigger isn’t always better.
• Use high-contrast materials.
• Each child is different — make sure accommodations work for your child specifically.
• A nystagmus student typically shouldn’t share materials — most need to hold materials at an angle that works best for them.
• If text display isn’t working, ask for alternate methods (easels, whiteboards, LCD projector) and find what’s available.
• Transcription/alternate entry for bubble tests — someone else fills in the bubbles after the student points to or writes the correct answer. Remind schools and teachers of this at least one month before state testing, and make sure it’s on the 504 plan.

What Happens If You Disagree

If you disagree with an IEP/504 plan or specific goals, you have rights, which should be offered to you in writing at the beginning of every meeting. If you disagree with any individual goal, assessment, service (or lack thereof), or any other aspect, you can make that known.

Most of the time, there’s agreement among all parties, including parents, and most disagreements are handled within the IEP team meeting. If the IEP team presents a plan you believe is not appropriate, say so — remember, your child is entitled to “adequate,” not “best.” Carefully read the school’s Rights Handbook, find what’s going wrong per that booklet, and use that terminology. There’s an appeals process — start with the local Board of Education’s Special Education office. (Reference)

PSAT/SAT/AP Testing

Any accommodations for College Board or ACT testing must be approved well before the test date. Schools typically have testing coordinators — reach out at the end of your student’s 9th grade year (earlier if taking an AP class in 9th grade) to make sure accommodations are submitted. College Board may deny accommodations that schools grant — it’s not automatic.

After High School — Now What?

• Transition plans start at age 14. The extent of a college’s obligation to provide services depends on factors like the size of the college.
• The student needs to come in prepared to self-advocate, with the technology (portable CCTV, laptop, etc.) to access materials themselves — don’t rely on college instructors to do what K-12 teachers did; they won’t.
• Contact the college/university Office of Disability Services (or equivalent) for guidance on next steps.
• Documentation requirements vary — for example, from the University of Rhode Island: “The required document will be a comprehensive diagnostic evaluation report or a neuropsychological report. An IEP or 504 plan is NOT sufficient as documentation, but may be attached to the comprehensive diagnostic report.” (Reference)
• Don’t be surprised if your 18-year-old doesn’t want to use a 504 plan in college. Contact the Office of Disability Services anyway, so you know what’s available if needed — and don’t be surprised if your student succeeds without using services, given 12 years of learned coping mechanisms.

Resources

• FAPE for students with disabilities: ed.gov
• Guide to IEPs from U.S. Dept. of Ed: ed.gov
• Transition to Post-Secondary schools: ed.gov
• Low Vision resources by state: enhancedvision.com
• Civil Rights of Students with Hidden Disabilities: ed.gov
• IFSPs vs. IEPs (Nebraska IFSPweb): ifspweb.org
• IEP FAQs — Wright’s Law: wrightslaw.com
• Sample IEP with terms explained: wonderbaby.org

Author contact: Bill Duck — DuckMediaServices@gmail.com

Resources supported by a generous grant from the Delta Gamma Foundation.