The Top 10 Laws Every Parent Should Know About IEPs and 504 Plans

BY MARIA GIANCOTTI, M.ED. - STUDENT ADVOCACY MICHIGAN

As a special education advocate, I often hear from parents who feel overwhelmed by the complexity of the special education system. Navigating IEPs and 504 plans can feel a lot like trying to assemble furniture without instructions. You know the pieces are important, but you’re not sure how they fit together— or what tools you’re allowed to use.

The good news? There is a manual. It’s called the law. Knowing your rights, and your child’s rights, can make a world of difference in securing the support they need and deserve.

Here are 10 essential laws every parent should understand when advocating for their child’s education.

1. Individuals with Disabilities Education Act (IDEA, 20 U.S.C. §1400) This federal law ensures that eligible students with disabilities receive a free appropriate public education in the least restrictive environment. It lays the groundwork for IEPs, requiring schools to provide individualized services that meet a child’s unique needs.

2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794)

Section 504 prohibits discrimination against individuals with disabilities in programs that receive federal funding, including public schools. A 504 plan provides accommodations — such as extra time or reduced homework — that help students access the general curriculum.

3. Child Find (IDEA, 34 CFR §300.111)

Public schools are legally obligated to identify, locate and evaluate all children who may have disabilities — regardless

of whether they attend public school, are homeschooled or are experiencing homelessness. If you suspect a disability, the school must respond to your request for an evaluation.

4. Evaluation in all areas of suspected disability (34 CFR §300.304)

Schools must evaluate your child in every area of suspected need, including academics, communication, behavior, motor skills and socialemotional development. A limited evaluation can result in inappropriate or insufficient services.

5. Prior written notice (34 CFR §300.503)

Schools must provide written notice before proposing or refusing changes related to your child’s identification, evaluation, placement or IEP services. The notice must explain the decision, the data used and other options considered.

6. Parental right to meaningful participation (34 CFR §300.322)

Parents have the right to actively participate in all aspects of the IEP process—from evaluation to placement decisions. Schools must schedule meetings at mutually agreed-upon times and provide interpreters if needed.

7. Behavior that impedes learning and PBIS (34 CFR §300.324(a)(2)(i))

If a student’s behavior affects their learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports, or PBIS. Schools cannot simply resort to punishment without addressing underlying needs through appropriate supports.

8. Title II of the Americans with Disabilities Act (42 U.S.C. §12132)

Schools may not discipline or exclude a student for behaviors that are a manifestation of their disability, unless safety is at risk and specific procedures are followed. Disciplinary actions that ignore disability-related behavior can violate the student’s civil rights under the ADA.

9. Procedural Safeguards (34 CFR §300.504)

Parents have rights that protect them and their child during the special education process, including access to records, the ability to file complaints, request mediation, and pursue due process. These safeguards must be clearly explained and provided at least once a year.

10. Stay Put Provision (34 CFR §300.518)

If you disagree with a proposed change in placement and file for due process, your child has the right to remain in their current educational placement until the issue is resolved. This ensures continuity of services during disputes.

FINAL THOUGHTS

These laws are designed to protect your child’s right to a quality education and to ensure your role as a decision-maker is respected. You don’t have to be a legal expert, but understanding these key protections can help you advocate more effectively and confidently for your child.

You are not alone, and your voice matters. If you need help navigating a 504 plan or IEP, contact us through the website at www.studentadvocacymi.com or call 248-372-9770.