INDIANAPOLIS (MIRROR INDY) — With students back in the classroom for a couple of months, disability advocates say it’s a common time for parents and educators to begin noticing things about their students’ learning — and sometimes that can lead to the discovery of new educational needs.
Whether a student presents signs of a speech impediment or broader cognitive delay, public schools are federally required to provide students a free and appropriate education.
That means if you have concerns about your child’s development in school, there may be accommodations to help.
So, where should families get started? Mirror Indy talked to Mimi Huybers, a legal advocate with the nonprofit Ability Allies, to create this guide for navigating education accommodations.
Much of Huybers’ guidance comes from her own experiences raising a son with cerebral palsy.
“The law is pretty detailed and specific and there are a lot of regulations regarding the rights of students with disabilities and schools’ responsibilities,” Huybers said. “It becomes pretty complex.”
Here’s a few tips on how to get started. Read to the end for additional resources to expand your research and seek help for your child’s specific needs.
Something seems different about my child’s learning. What should I do?
If you suspect your student needs extra help, it’s worth reaching out to your child’s teacher or other school administrators. They can help assess the situation and share their observations from a classroom perspective.
To better understand your child’s needs, you can formally request an educational evaluation. Schools in Indiana are required to respond within 10 instructional days of receiving the request.
These evaluations, conducted at no cost to the parent, could include a review of a student’s needs behaviorally, socially and academically.
Evaluations are typically conducted by school psychologists or sometimes an outside evaluator, like Easterseals Crossroads, Huybers said. The evaluator’s findings can help set the stage for a more formalized plan to address a student’s needs, such as something called an IEP or a 504 plan.
Huybers stresses, though, that educational evaluations are different from medical diagnoses. Evaluators, for example, might be able to spot signs of a developmental disorder like autism, Huybers said, but parents should still see their child’s doctor for a medical exam.
It’s also worth sharing your child’s medical diagnosis with the school so that teachers who work frequently with your student have a better understanding of how to help.
Schools can choose not to conduct an evaluation but must provide a reason why within the 10-day response window. Some common reasons not to evaluate could include that school leaders don’t believe there’s enough evidence to demonstrate a disability or that they believe a child’s educational challenges stem from being an English language learner rather than being related to a disability.
In that case, school leaders may recommend a different path to ensure your student is in a program that best fits their needs. In any event, parents have the right to challenge a school’s denial — and groups like Ability Allies can assist in the process.
My child’s school is offering accommodations. What is a 504 plan? What about an IEP?
Once you’ve talked with your child’s school, teachers or staff could recommend accommodations to help your student.
Some needs might require a simple change, such as a move to the front of the classroom for a child who’s hard of hearing or excused class time for a student with diabetes to check their blood sugar levels before taking a test.
These types of accommodations generally fall under what’s called a 504 plan. The name “504” comes from Section 504 of the Rehabilitation Act of 1973, a federal civil right law that protects against discrimination.
This type of plan is generally seen as a looser, more flexible way of addressing students’ needs when substantial school resources are not necessarily needed.
Other services, however, could involve more time and resources on the school’s part. Think in-school therapy or door-to-door transportation. These services usually come with a written plan of action — or something called an IEP.
IEPs — short for Individualized Education Programs — are more rigid. Federal law outlines requirements for when and how often educators must meet to discuss a student’s plan. The IEP also describes what resources are needed and what benchmarks will be used to track a student’s progress under their plan.
My school wants to meet with me to talk about my student’s needs. What’s a case conference?
A case conference, broadly speaking, is a meeting between educators and families to discuss a student’s needs related to an IEP.
Requirements for the case conference are spelled out in federal law. IEPs must be reviewed annually and families can request more frequent meetings if they want.
During the meeting, schools will invite parents to meet with a committee of educators including, for example, a principal or other administrator, teachers and a school psychologist.
The committee will likely discuss what types of services the school offers and what they feel is appropriate for the student.
For students with a 504 plan, accommodations may also be reviewed on an annual basis, but requirements around meetings tend to be less structured.
I have a case conference scheduled. What should I do to prepare for the meeting?
Huybers advises doing a little homework before meeting with your child’s case conference team.
If your student already has an IEP, review it and bring the document, along with any questions you have. Sometimes, schools will provide a draft of a proposed IEP before the meeting. Be sure to bring that, too.
Also, bring any other supporting documents that can help you explain observations about your child’s learning. That could be report cards, behavior sheets or notes sent home from their teacher. You could even take a quick video on your phone of your student doing homework to help show others what you see at home.
You don’t need to be super organized or prepare a polished presentation, Huybers said. But, you do want to share as much as possible with the school to help in their decisionmaking.
She also recommends bringing a trusted friend or advocate with you — someone who can take notes while you process the committee’s recommendations and ask questions.
And, Huybers suggests following up after your meeting in writing. A quick email to reiterate what was decided creates a written record of your discussions and ensures everyone is on the same page with plans moving forward.
My child already has an IEP or 504 plan in place, but I’m not sure it’s working. Can I request a change?
Families can reach out to their school any time to request a change to their student’s IEP or 504 plan. Some changes might be simple and can be handled quickly through an email, phone call or discussion with your child’s teacher.
For other requests, you might consider asking to reconvene the case conference committee. That way, everyone involved in your student’s care can come together at the same time to talk about what’s working and what’s not.
Changes can be made to a child’s IEP or 504 plan without bringing the committee back together, Huybers said, if the family and school both agree to the amended plan.
My student goes to a private school. Can I still receive services?
Yes — but some services may not be provided directly by your child’s private school.
Many private schools partner with public schools to serve students with disabilities — especially if a student’s needs are highly specific.
For example, a private school may be willing to make some accommodations like providing a student a longer testing window. But, if a child needs an educational evaluation or highly specialized therapeutic program, they might be referred to the public district their private school is located in.
One common misconception, Huybers said, is confusion between private schools and charter schools. As public schools, charter schools are required to adhere to the same federal education law as traditional public school districts.
Though, due to their size, some charter schools may contract out more intensive services or lean on nearby public school districts to provide support.
Individual school approaches vary, so it’s worth checking in with your child’s educators to learn more about what they offer.
Where can I turn for more help understanding this?
If you’re feeling a little overwhelmed navigating things for the first time or feel ready to dive into accommodations on a deeper level, there are resources to help.
Huybers recommends becoming familiar with an essential piece of education law — a policy called Article 7. She also suggests reading the Indiana Department of Education’s Navigating the Course guide — an extensive handbook explaining accommodation practices in Indiana schools.
There’s also several organizations in Indiana that specialize in disability law and advocacy:
- Indiana Family to Family provides fact sheets and peer support around how to help youth with special health care needs.
- Indiana Disability Rights’ education team helps families understand their children’s rights, and can support families with concerns about their student’s IEP or 504 plan.
- The Arc of Indiana offers training and guidance with a focus on public policy and navigating health care systems.
- IN*SOURCE provides training and resources specific to helping families understand their rights under Article 7.
- And, Huybers’ organization, Ability Allies, provides free and low-cost legal advice to families who meet certain income thresholds — prioritizing those who otherwise may not be able to afford legal assistance.
Mirror Indy, a nonprofit newsroom, is funded through grants and donations from individuals, foundations and organizations.
Mirror Indy reporter Carley Lanich covers early childhood and K-12 education. Contact her at carley.lanich@mirrorindy.org or follow her on X @carleylanich.