Q&A – IEP vs 504

You Asked, We Answered!

Question One:
My son was evaluated by my district and they determined that he was not eligible for an IEP but recommended a 504 plan. I asked for a copy of the Evaluation Report at the meeting and was told they would get it to me as soon as it was finalized. That was three months ago. I have since reminded the psychologist who continues to ignore me. What would be my next step?

There are several laws that give you the right to have a copy of everything in your child’s school file. The Family Rights and Privacy Act, IDEA and our Washington Administrative Code to name a few. At this point I would put your request in writing to your special education director with a copy to the school psychologist. You might also want to give them a day and time that you expect to receive this document.

In addition, you also have a right to a copy of anything your child has written on in a test instrument. For example, an IQ test where a student has been asked to draw, print or write a response parents have a right to a copy of that page.

Question Two:

Is it alright to receive a Prior Written Notice by email if I request that mode of communication? I find it to be the easiest for me. Besides we have tried receiving these notices home with my child in his backpack or mailed to my post office box and this is not working. Either I get the notice late or something “eats” the notice before I get it out of the backpack.

A parent of a student eligible for special education may ELECT to receive prior written notices, procedural safeguards notices and notices related to due process hearings requests by an electronic mail communication, if the school district makes that option available. (WAC 392-172A-05020) We would certainly request that the district use this option. You might want to use email to make your request.