Common SPED/IEP Misunderstandings (Part 1)
#1: A 504 Plan isn’t as good as an IEP
Clarification: 504s and IEPs serve different purposes and are governed by different laws, neither is necessarily ‘better’ than the other!
IEPs: Under the Individuals with Disabilities Education Act (IDEA), they provide specialized instruction and services.
504 Plans: Under Section 504 of the Rehabilitation Act, they provide accommodations to ensure access to learning but don’t involve specialized instruction.
#2: My child needs extra help, they should have an IEP
Clarification: While all children can benefit from extra help, special education is not the only avenue. School’s should be supporting all students through tiered intervention as needed. Further, Nebraska law requires evidence that the student meet all three of the following criteria to qualify for special education services:
Verification of a Disability: The student must be identified as having one of the disabilities outlined in Nebraska Administrative Code 92 NAC 51.006.
Adverse Effect on Educational Performance: There must be evidence that the identified disability adversely affects the student's educational performance.
Need for Special Education Services: It must be determined that the student requires special education services to address the adverse effects of the disability.
#3: Parents Have No Say in the IEP Process
Clarification:
Parents are essential members of the IEP team. Their input, concerns, and insights must be considered when developing the plan. If you feel unprepared or are uncomfortable with any part of a meeting, you have the right to end the meeting and reconvene at a later date when you feel more comfortable and prepared. They can be overwhelming!
#4: An IEP Is Permanent
Clarification:
An IEP is reviewed annually and adjusted as needed. If a student no longer requires services, the IEP team (that includes you!) can meet and discuss discontinuation of services. Special Education Law also requires a reevaluation completed every three years. This may be through a review of existing data or through formal testing, or some combination. Parents also have a right to revoke services at any time.
#5: Only Public Schools Must Follow IEPs
Clarification:
Well, yes and no. Private schools are not bound by IDEA. However, public schools are obligated to offer free appropriate public education (FAPE), which may include services for eligible students in private settings. How this looks depends on many factors.
#6: Teachers Can Modify an IEP as They See Fit
Clarification:
Changes to an IEP require agreement from the IEP team (again, this includes you!). Teachers cannot unilaterally change accommodations or goals. Or any part of an IEP.
#7: A Diagnosis Automatically Qualifies a Student for an IEP
Clarification:
While a medical diagnosis can provide important details when it comes to your child’s needs, eligibility for an IEP depends on whether the condition has an adverse effect on your child’s educational performance and if the team has determined that your requires special education services to address the adverse effects of the disability.
#8: IEP Goals Can Be Set Without Baseline Data
Clarification:
IEP goals must be measurable and based on data, including current levels of performance. Goals without baseline information are vague and not actionable.
#9: Accommodations Are the Same as Modifications
Clarification:
Accommodations: Adjustments to how a student learns (e.g., extended time, seating arrangements).
Modifications: Changes to what a student learns (e.g., simplified curriculum).
#10: Schools Can Refuse Services If Budgets Are Tight, a Service Provider Has Not Been Hired, or Staff Don’t Have Time in Their Schedule
Clarification:
Under IDEA, schools must provide a free and appropriate public education (FAPE) regardless of budget or staff constraints. Services must be based on student needs, not funding or staffing. There are options districts should consider to ensure student needs are met.
