Illustration by Rachel Maves
Since my son was in kindergarten, I’ve bought countless No. 2 pencils, dozens of notebooks and a handful of backpacks. But the best tool I’ve ever gotten him for school is an IEP, a legal document whose initials stand for individualized educational program. Having a plan that fits his individual needs and learning style has been a game-changer. He’s entering the school year confident, knowing he’s equipped with the resources he needs to succeed. Getting an IEP isn’t as easy as running to Target or placing an Amazon order, but the effort is well worth it.
According to the Centers for Disease Control and Prevention, one in 36 children has autism, and the National Center for Learning Disabilities reports 20% of children have a learning and attention issue like dyslexia and attention-deficit/hyperactivity disorder. In addition, 60% of children with ADHD also have a mental, emotional or behavioral disorder.
Under the Individuals with Disabilities Education Act, children from birth through high school graduation or age 21 (whichever comes first) have the right to a free and appropriate education if they have one of 13 designated disabilities, such as autism, a speech delay, dyslexia, ADHD or a mental health disorder, as well as severe intellectual and physical disabilities or a hearing or visual impairment.
“This population of students has challenges beyond their control and works extremely hard because of their disabilities,” says Katie Smith, director of exceptional education for Henrico County Public Schools. “If parents suspect a disability, they should reach out to the school principal.”
By law, once a parent notifies personnel, the school has 10 days to hold a meeting to determine if the student qualifies for additional testing. The meeting typically includes parents or guardians, an administrator, a general education teacher, a special education teacher, and a counselor.
As a special education attorney, instructor and parent of a son with special needs, Robin Hegner has been on all sides of the table. Hegner recommends that parents suspecting a disability keep a binder of notes regarding behavior at home and school, attendance records, test scores, emails from teachers, medical records and other supporting material to provide a full picture of the child. If the school does not want to move forward with in-house testing, parents may get a private assessment.
Once test results come back, the committee reconvenes to discuss the findings. The student may qualify for an IEP, which includes specialized instruction and services. Another option is a 504 plan, named for Section 504 of the 1973 Rehabilitation Act, which allows for special accommodations in an educational setting.
For example, an IEP might include formal services from the school’s speech or occupational therapist, autism case manager, or reading specialist, while a 504 plan might allow a student with ADHD to sit near the instructor or have extra time on a test, including advanced placement exams and the ACT. Although rare, if the school district cannot meet the child’s needs, it must cover the costs for an alternative education.
Hegner says the IEP process can be emotional, especially when parents and the school don’t see eye to eye. “Parents should arm yourself with knowledge, know your rights and be familiar with the [Virginia Department of Education’s] Parent’s Guide to Special Education,” she says. “It’s expensive and time-consuming to serve a child with special needs, but that doesn’t mean the school can’t provide what’s needed for that child.”
Parents should arm yourself with knowledge, know your rights and be familiar with the [Virginia Department of Education’s] Parent’s Guide to Special Education.
—Robin Hegner
Hegner also advises parents to take home the draft of the plan, review it and make sure the goals address the weaknesses identified in the evaluation. Parents do not have to sign or accept the plan and may go back to the drawing board. In extreme cases, parents may file a due process complaint.
“You want to try to prevent conflict, and I remind parents that you get more flies with honey than vinegar,” Hegner says. “But sometimes you have to be Mama Bear.”
Smith tells parents not to get discouraged if they’re told “no” and to keep asking questions if answers don’t make sense. She notes that each school district has a special education advisory committee for parents to learn, network and share ideas. She also recommends Virginia’s Parent Educational Advocacy Training Center for free tools and helpful YouTube videos.
“The system is designed to help,” Smith says. “We have so much expertise within our own school divisions. There’s nothing more rewarding and refreshing than watching children grow and overcome challenges.”
A freelance writer and mother of two, Laura Anders Lee hopes she won’t be called by the principal this year.
