Parents may find that their children are in need of extra help and support in school. It can be overwhelming to know where to start in order to ensure your child is supported and thriving at school. Many students are eligible for special education services in the form of an individualized education program (IEP). Parents and guardians of students with disabilities or special health care needs are important members of their child's education team.
Katy Ramsey-Mason, a Memphis CHILD attorney and professor at University of Memphis Law School, is here to discuss how ¬IEPs work and how to use these services to help your child be as successful as possible in school.
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The ABC’s of IEPs (Individualized Education Programs)
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Learn more about Katy Ramsey Mason
Katy Ramsey-Mason, JD, MA
Katy Ramsey Mason is a Memphis CHILD attorney and a professor at the University of Memphis Law School and director of the law school’s medical-legal partnership clinic. Katy and her clinic students represent Le Bonheur patients and families through the Memphis CHILD program.Learn more about Katy Ramsey Mason
Transcription:
The ABC’s of IEPs (Individualized Education Programs)
Maggie McKay (Host): Children with special needs in public schools often need extra services offered in school. But first, they need a legal document called an IEP. But where do parents start to find out how to go about the process? Katy Ramsey-Mason is Director of the Medical Legal Partnership Clinic to tell us about the ABCs of IEPs or individualized education programs. This is the Peds Pod presented by Le Bonheur Children's Hospital. I'm Maggie McKay. Thank you so much for being here, Katy. It's an honor to meet you.
Katy Ramsey-Mason: Thank you so much for having me.
Host: Let's dive right in. Can you break down what an IEP is and how it works?
Katy Ramsey-Mason: An IEP is a legal document. IEP stands for Individualized Education Plan. And it is for children who have special needs who need special education or related services in school. It's something that is part of the Individuals with Disabilities Education Act or IDEA, which is a federal law that applies to all schools that receive federal funding.
Host: And what is the difference between an IEP and a 504 Plan?
Katy Ramsey-Mason: So, a 504 Plan is actually a disability accommodation under a different law, not under the IDEA. It's under Section 504 of the 1973 Rehabilitation Act. And functionally, a 504 is usually less comprehensive than an IEP. It is used oftentimes if a student has only a couple of accommodations needs, like for instance, a student who might have a physical disability and needs extra time to move between classes; a student who needs preferential seating in class, but doesn't really need other accommodations. Those are good uses for a 504 Plan. IEP is much more comprehensive. It really focuses on a child making progress in their education. And the IEP lays out goals and benchmarks that the school is supposed to try to accomplish with the student in order to make sure that they are making progress in their education, whatever that means for them.
Host: Katy, who is eligible for an IEP? What ages and types of disabilities are included?
Katy Ramsey-Mason: So, in terms of ages, a student becomes eligible for an IEP when they turn three. So if a child has been receiving services through early intervention through the state when they turn three or, nowadays in Tennessee, sometimes those early intervention services can last until age four. But in most other states, it's age three. They become eligible for an IEP that is administered by the school system. The law has 13 different categories of disability that qualify a student to receive special education through an IEP. Those include things like developmental delay, physical disabilities, intellectual disability, autism, ADHD, traumatic brain injury are just a few of the types of disabilities that could qualify a student for an IEP. Students can also have specific learning disabilities like dyslexia or dyscalculia and those could also qualify for an IEP.
Host: And how long after a child does the evaluation do you receive the IEP?
Katy Ramsey-Mason: So, the way that the process works is that a parent or anyone who identifies concerns about the child in school can make a request for an evaluation. For that evaluation to take place, the parent has to sign a consent form, giving the school the ability to conduct various tests, whatever those might be. There should always be a meeting to talk about what the concerns are that the parent has, that the school is seeing, and anything else that might be going on with the child. And at that meeting, the school should be talking about tests that the evaluation will entail and the parent will give permission.
Once that consent form is signed, then the school has 60 days to complete the evaluation. Sometimes they do it faster, but sometimes they do take the entire 60 days. And whenever the evaluation is complete, there will be another meeting, an IEP meeting, scheduled with the parent and with various staff members from the school, including teachers, a principal, a special education teacher, and any specialized services experts that the child might need, if that's speech and language therapy, physical therapy, nursing, things like that. And that meeting should ideally happen within a couple of weeks of the evaluation being completed. And at that time if an IEP is necessary, then it will be talked about then, and it should go into effect pretty much immediately.
Host: And then once you have the IEP, how often is it reviewed?
Katy Ramsey-Mason: Yeah, it's reviewed annually. Although it can be more frequently if there are additional concerns or if the parent feels that there are needs that the child has that are not being met. And then also, in addition to the annual IEP meeting, the school also has to conduct a reevaluation of the child at least every three years to make sure that they still meet the criteria and that the IEP is meeting the child's needs in terms of providing the services that they need through special education?
Host: And is there a cost associated with IEPs?
Katy Ramsey-Mason: No, there is not. The schools are obligated under the law to provide free, appropriate public education, so there should be no cost associated with any of the services received through an IEP.
Host: Is this available everywhere or does it vary by school system?
Katy Ramsey-Mason: So, it is for schools that accept federal funding, so that would be all public schools. And depending on private schools on their funding situation, many private schools don't actually accept federal funding. So if your child is in private school, that's probably a question that you want to ask. Because if they don't receive federal funds, they are not required to comply with the Individuals with Disabilities Education Act. But public schools and charter schools also should be implementing IEPs.
Host: And if a parent's interested in an IEP, Katy, where should they start?
Katy Ramsey-Mason: They should start by writing out a request to the school to have their child evaluated. It's really important to put this request in writing. I talk to a lot of people who say that they had a conversation with the teacher or with the principal and, you know, that the school never followed through on the evaluation. And what I always say as a lawyer is that if you didn't get it in writing, it didn't happen. So, you should make a written request to the school to have your child evaluated for special education.
Host: And what does Memphis Child do? How does Memphis Child work alongside families for this specialized education?
Katy Ramsey-Mason: So, Memphis Child is a medical legal partnership that's based at Le Bonheur and we get clients who are referred to us by Le Bonheur Medical Providers. So if you are seeing any medical provider through Le Bonheur, whether that's someone in the hospital or any outpatient provider including rehabilitation services like speech therapy, language therapy, physical therapy, any of those, you can ask your provider for a referral to Memphis Child. Once we get that, if we are able to accept your case, then our advocacy can range from counseling you on what your child might need and how to advocate for your child to attending an IEP meeting with you all the way up to litigation if that is necessary.
Host: Katy, in closing, is there anything else you'd like to add that you think people should know about IEPs, especially parents?
Katy Ramsey-Mason: Yes, I think that it's really important to know that your child does have rights if you are concerned about your child. Even if the school is telling you not to be concerned, you as the parent are the expert on your own child. And so if you think that the school is not being responsive to your request, then I highly encourage you to talk to your Le Bonheur medical provider and ask them for a referral to Memphis Child so we can see if we can assist you.
Host: And again, this is only for public schools.
Katy Ramsey-Mason: Public schools and charter schools, and then private schools only if they accept federal funds.
Host: Okay. This has been so helpful, Katy. Thank you so much for bringing this option to light and the steps to get there, because I'm sure it can be overwhelming for parents.
Katy Ramsey-Mason: It's my pleasure. Yes, we talk to a lot of people who are overwhelmed and we're always happy to try to as much as possible.
Host: Again, that's Katy Ramsey-Mason. And for more information, you can visit lebonheur.org/services/community-services. And if you found this podcast helpful, please share it on your social channels and check out the full podcast library. For topics of interest to you, this is the Peds Pod by Le Bonheur Children's Hospital. I'm Maggie McKay. Thanks for listening.
The ABC’s of IEPs (Individualized Education Programs)
Maggie McKay (Host): Children with special needs in public schools often need extra services offered in school. But first, they need a legal document called an IEP. But where do parents start to find out how to go about the process? Katy Ramsey-Mason is Director of the Medical Legal Partnership Clinic to tell us about the ABCs of IEPs or individualized education programs. This is the Peds Pod presented by Le Bonheur Children's Hospital. I'm Maggie McKay. Thank you so much for being here, Katy. It's an honor to meet you.
Katy Ramsey-Mason: Thank you so much for having me.
Host: Let's dive right in. Can you break down what an IEP is and how it works?
Katy Ramsey-Mason: An IEP is a legal document. IEP stands for Individualized Education Plan. And it is for children who have special needs who need special education or related services in school. It's something that is part of the Individuals with Disabilities Education Act or IDEA, which is a federal law that applies to all schools that receive federal funding.
Host: And what is the difference between an IEP and a 504 Plan?
Katy Ramsey-Mason: So, a 504 Plan is actually a disability accommodation under a different law, not under the IDEA. It's under Section 504 of the 1973 Rehabilitation Act. And functionally, a 504 is usually less comprehensive than an IEP. It is used oftentimes if a student has only a couple of accommodations needs, like for instance, a student who might have a physical disability and needs extra time to move between classes; a student who needs preferential seating in class, but doesn't really need other accommodations. Those are good uses for a 504 Plan. IEP is much more comprehensive. It really focuses on a child making progress in their education. And the IEP lays out goals and benchmarks that the school is supposed to try to accomplish with the student in order to make sure that they are making progress in their education, whatever that means for them.
Host: Katy, who is eligible for an IEP? What ages and types of disabilities are included?
Katy Ramsey-Mason: So, in terms of ages, a student becomes eligible for an IEP when they turn three. So if a child has been receiving services through early intervention through the state when they turn three or, nowadays in Tennessee, sometimes those early intervention services can last until age four. But in most other states, it's age three. They become eligible for an IEP that is administered by the school system. The law has 13 different categories of disability that qualify a student to receive special education through an IEP. Those include things like developmental delay, physical disabilities, intellectual disability, autism, ADHD, traumatic brain injury are just a few of the types of disabilities that could qualify a student for an IEP. Students can also have specific learning disabilities like dyslexia or dyscalculia and those could also qualify for an IEP.
Host: And how long after a child does the evaluation do you receive the IEP?
Katy Ramsey-Mason: So, the way that the process works is that a parent or anyone who identifies concerns about the child in school can make a request for an evaluation. For that evaluation to take place, the parent has to sign a consent form, giving the school the ability to conduct various tests, whatever those might be. There should always be a meeting to talk about what the concerns are that the parent has, that the school is seeing, and anything else that might be going on with the child. And at that meeting, the school should be talking about tests that the evaluation will entail and the parent will give permission.
Once that consent form is signed, then the school has 60 days to complete the evaluation. Sometimes they do it faster, but sometimes they do take the entire 60 days. And whenever the evaluation is complete, there will be another meeting, an IEP meeting, scheduled with the parent and with various staff members from the school, including teachers, a principal, a special education teacher, and any specialized services experts that the child might need, if that's speech and language therapy, physical therapy, nursing, things like that. And that meeting should ideally happen within a couple of weeks of the evaluation being completed. And at that time if an IEP is necessary, then it will be talked about then, and it should go into effect pretty much immediately.
Host: And then once you have the IEP, how often is it reviewed?
Katy Ramsey-Mason: Yeah, it's reviewed annually. Although it can be more frequently if there are additional concerns or if the parent feels that there are needs that the child has that are not being met. And then also, in addition to the annual IEP meeting, the school also has to conduct a reevaluation of the child at least every three years to make sure that they still meet the criteria and that the IEP is meeting the child's needs in terms of providing the services that they need through special education?
Host: And is there a cost associated with IEPs?
Katy Ramsey-Mason: No, there is not. The schools are obligated under the law to provide free, appropriate public education, so there should be no cost associated with any of the services received through an IEP.
Host: Is this available everywhere or does it vary by school system?
Katy Ramsey-Mason: So, it is for schools that accept federal funding, so that would be all public schools. And depending on private schools on their funding situation, many private schools don't actually accept federal funding. So if your child is in private school, that's probably a question that you want to ask. Because if they don't receive federal funds, they are not required to comply with the Individuals with Disabilities Education Act. But public schools and charter schools also should be implementing IEPs.
Host: And if a parent's interested in an IEP, Katy, where should they start?
Katy Ramsey-Mason: They should start by writing out a request to the school to have their child evaluated. It's really important to put this request in writing. I talk to a lot of people who say that they had a conversation with the teacher or with the principal and, you know, that the school never followed through on the evaluation. And what I always say as a lawyer is that if you didn't get it in writing, it didn't happen. So, you should make a written request to the school to have your child evaluated for special education.
Host: And what does Memphis Child do? How does Memphis Child work alongside families for this specialized education?
Katy Ramsey-Mason: So, Memphis Child is a medical legal partnership that's based at Le Bonheur and we get clients who are referred to us by Le Bonheur Medical Providers. So if you are seeing any medical provider through Le Bonheur, whether that's someone in the hospital or any outpatient provider including rehabilitation services like speech therapy, language therapy, physical therapy, any of those, you can ask your provider for a referral to Memphis Child. Once we get that, if we are able to accept your case, then our advocacy can range from counseling you on what your child might need and how to advocate for your child to attending an IEP meeting with you all the way up to litigation if that is necessary.
Host: Katy, in closing, is there anything else you'd like to add that you think people should know about IEPs, especially parents?
Katy Ramsey-Mason: Yes, I think that it's really important to know that your child does have rights if you are concerned about your child. Even if the school is telling you not to be concerned, you as the parent are the expert on your own child. And so if you think that the school is not being responsive to your request, then I highly encourage you to talk to your Le Bonheur medical provider and ask them for a referral to Memphis Child so we can see if we can assist you.
Host: And again, this is only for public schools.
Katy Ramsey-Mason: Public schools and charter schools, and then private schools only if they accept federal funds.
Host: Okay. This has been so helpful, Katy. Thank you so much for bringing this option to light and the steps to get there, because I'm sure it can be overwhelming for parents.
Katy Ramsey-Mason: It's my pleasure. Yes, we talk to a lot of people who are overwhelmed and we're always happy to try to as much as possible.
Host: Again, that's Katy Ramsey-Mason. And for more information, you can visit lebonheur.org/services/community-services. And if you found this podcast helpful, please share it on your social channels and check out the full podcast library. For topics of interest to you, this is the Peds Pod by Le Bonheur Children's Hospital. I'm Maggie McKay. Thanks for listening.