Supporting Students with Disabilities This Fall

By Jean Mizutani

All students have experienced some missed learning during COVID. Fortunately, schools have been given federal money to develop school Academic Recovery initiatives that will provide a comprehensive plan of additional support. This will include interventions for students with and without disabilities and is scheduled to start this fall in most school districts. This could be a valuable way to help students catch up.

However, if you suspect that your child may have a disability or if your child needs accommodations to participate in school, here are some steps you can take.

An Individualized Education Program is a plan for students who have a disability that makes sure they receive specialized instruction or services. There are 13 classifications of educational disability set by federal law, such as autism or learning disability. Eligible children ages 3-5 would be considered a preschooler with a disability.

The IEP is authorized under the Individuals with Disabilities Education Act to ensure eligible students receive appropriate special education services (instruction, programs, and related services like speech or physical therapy) in a setting that maximizes access to non-disabled peers. This means that services can be provided in any setting, including general education.

If your child (ages 3-21) enters school without an IEP, but you suspect that they may have a disability, you can request an evaluation from the school’s IEP team. Within 10 school days, you’ll receive a consent form. The evaluation, IEP meeting, and offer of services, if eligible, should not take more than 60 school days from the date the consent form is signed.

If attending a private or charter school, you can make requests to the Committee for Preschool Special Education or Committee for Special Education in that school’s district. Evaluations must be done in a language your child understands and results must be translated into a language you understand.

Parents know their children best and are key participants in their child’s IEP meeting. Parents should receive the IEP Meeting Notice at least 5 days before the scheduled date. The notice will include all meeting details, as well as the names and titles of everyone invited. If there is someone that you would like to invite, like an outside therapist or family member, you can.

To prepare for the meeting, review recent documents, like the evaluation, and identify areas where your child may need additional support. Make a list of questions and be sure to share your concerns. Parent participation is your right during every step of the special education process, from evaluation and IEP development to the provision of services. Stay involved!

The 504 Plan is used to provide accommodations—like extended testing time, having directions read aloud, classroom food limitations, or preferential seating in class— for students with a disability. The plan’s goal is to help these students have access to and success in their learning environment. A student may be eligible if they have a diagnosis that limits their ability to participate in one or more important life activities, such as learning, hearing, seeing, walking, concentrating, or communicating. The plan provides accommodations in the general education setting and it’s authorized by Section 504 of the Rehabilitation Act of 1973.

The student disability can be temporary or permanent, and includes medical conditions such as allergies, asthma, diabetes, and visual impairment. For example, a parent concerned about her son having an asthma attack or food allergy reaction in school could request a 504 Plan, which provides accommodations in a general education setting. Through the 504, the parent could establish an action plan with clear, defined steps to monitor and respond to her son’s needs during the day.

Unlike the IEP, parents who would like to establish a 504 for their child don’t need to request an evaluation. Instead, families submit a 504 Request Form with diagnostic or evaluation materials from a doctor, psychologist, or other professional. If the school receives any federal funding, eligible students should be covered from preschool through college or vocational school.

A 504 must be renewed yearly for accommodations to continue. Parents should share updated diagnostic information each year. Parents will participate in future 504 team meetings if changes to the plan are being considered.

INCLUDEnyc is the leading provider of training and information for young people (newborn to 26) with any disability and their families. The organization can help you navigate and understand special education and disability systems. • The Help Line at 212-677-4660 (English) or 212-677-4668 (Spanish) offers interpretation into more than 200 languages. • Parents can attend free online workshops. • Hundreds of resources are available at includenyc.org.

Jean Mizutani is the senior education specialist at INCLUDEnyc and has worked at the organization for more than 20 years. She is also the parent of a daughter with disabilities.