Individualized Education Plan (IEP) and 504 Plan Eligibility in Florida

Depending upon your child’s needs, obtaining the initial Individualized Education Plan, sometimes known as an Individualized Education Program, (IEP) may be a simple process or a little more challenging, depending on specific conditions. Regardless, the first step is to begin gathering medical records and samples of your child’s work, which may include tests, graded homework, and notes of your observations.

Once you have collected the records and samples, contact school personnel to request a formal evaluation from your child’s public school. The Individuals with Disabilities Education Act, or IDEA, applies to educational institutions that receive funding from federal sources which include most public schools.

Make sure your request is in writing and include all the relevant demographic information in addition to your concerns and corresponding documentation to support your concerns. If the school district agrees to evaluation and your child is found to have one or more of the 13 disabilities listed in IDEA and needs special education services or accommodations, (s)he will qualify for an IEP.

Within thirty calendar days after a child is determined eligible, a team of school professionals and the parents must participate in an IEP meeting to write an IEP for the child. The team members might meet in the school’s resource room or other appropriate location. The IEP might evaluate the levels of educational performance, set annual goals, and forecast transition services for the future of the child.

Parental consent for Individualized Education Plan implementation

Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the IEP is developed and this consent is given. 

If the school district denies your request, they must send you a “prior written notice” containing the action proposed or refused by the district, an explanation of the decision, a description of other options and resources for you to better understand your rights under IDEA. At any point, but especially at this juncture, you may have your child evaluated privately.

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