Knowing how the IEP and 504 plan process works before you start can help you ask the right questions and keep things moving. If you think your child may need extra support at school, the first step is the same in DC, Maryland and Virginia: ask the school for an evaluation, ideally in writing. Start with your child’s teacher, school counselor or the school’s special education office. If you’re not sure who to contact, the main office can point you in the right direction.
While the three jurisdictions follow federal requirements for students with disabilities, the process and timelines can vary depending on where your child attends school.
Key Takeaways
Here’s a breakdown of how the IEP and 504 processes work across Washington, DC, Maryland and Virginia.
What do the laws cover?
There are three federal laws that guarantee the rights of students with disabilities: the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504) and Individuals with Disabilities Education Act (IDEA).
The Individuals with Disabilities Education Act, or IDEA, ensures schools meet the needs of children with specific kinds of disabilities to help prepare them for further education, employment and independent living.
Section 504 is a federal civil rights law that focuses on children with physical or mental impairments that limit a major life function. The law ensures that children with disabilities receive the accommodations necessary to have the same learning environment as their peers.
The Americans with Disabilities Act, or ADA, also protects people with disabilities from discrimination and applies to schools and other public entities in certain circumstances.
What is an IEP?
An Individualized Education Program, or IEP, is a written plan developed under IDEA. It’s designed for students with an educational disability that requires specialized education.
To qualify for an IEP, a student must meet the eligibility requirements for one of IDEA’s disability categories and need special education and related services because of that disability.
IDEA lists 13 disability categories, and states may also use developmental delay for young children:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairments
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment
An IEP consists of measurable annual goals, student’s present levels of academic and functional performance, special education services, supplementary aids, accommodations and curriculum modifications and time spent in general education versus special education classrooms.
What is a 504 plan?
A 504 plan is created to provide accommodations and support for students with a disability so they can access the same learning environment as their non-disabled peers.
Section 504 has a broader definition of disability than IDEA. A student may qualify for a 504 plan if they have a physical or mental impairment that substantially limits one or more major life activities.
504 plans differ depending on the student’s needs but can include accommodations such as administration processes for assignments or tests, classroom accommodations or other services and supports to ensure equal access.
How do they differ?
Washington, DC, Maryland and Virginia all follow federal requirements, but the procedures and timelines for evaluating students and developing plans can differ.
IEP and 504 plan processes in Washington, DC
- IEP eligibility: Students must meet the criteria for one of the IDEA’s disability categories and need special education related services. DC recognizes developmental delay for children ages 3 through 7.
- Initial evaluation timeline: After a referral, the school must make reasonable efforts to obtain parental consent within 30 days. After consent is confirmed, the school must evaluate and determine eligibility within 60 days. If a student is found eligible, the school has another 30 days to develop the initial IEP.
- Who handles it: An IEP team must consist of a student’s parent, one or more general education teachers, one or more special education teachers, a specialist to interpret evaluation results and representative of the school or local education agency.
- IEP development: An IEP differs based on students’ needs but generally includes the student’s present levels of academic and functional performance, annual goals, services, accommodations and additional support determined by the team.
- IEP review: An IEP meeting must occur every year after implementation to update any accommodations needed. Additionally, once a student is found eligible, they must undergo reevaluation at least once every three years unless the parent and school agree it isn’t needed.
DCPS 504 process:
At DCPS, a school 504 coordinator manages the process. To begin the process, the coordinator must receive a referral from a parent or staff member.
Once the referral is received, the coordinator will schedule an eligibility meeting with the students 504 team within 15 school days. The team includes at least one person who knows the student, one who knows the curriculum and accommodations, and one who can interpret evaluation data.
If the team determines that the student does have an impairment that substantially limits one or more major life activities, a 504 plan must be written within five school days of the eligibility decision. The plan may include specific accommodations, names of who provides services or name of the person responsible for ensuring the implementation of the plan.
The team will reconvene at least once a year to review the 504 plan and at least once every three years to review the eligibility.
IEP and 504 plan processes in Maryland
- IEP eligibility: Students must meet the criteria for one of the IDEA’s disability categories and need special education related services.
- Initial evaluation timeline: After a referral, Maryland requires an initial evaluation within 60 days of receiving parental consent for assessment and 90 days of the public agency receiving the written referral, subject to specified exceptions. The state also requires that the IEP must be developed within 30 days after a student is found eligible.
- Who handles it: The IEP team consists of the student’s parents, one or more regular education teacher, one or more special education teacher, a representative of the public agency, a specialist to interpret evaluation results and any other individuals at the discretion of the parents or the agency.
- IEP development: The team will consider the strengths of the student, parent concerns, results of their evaluation, technology devices needed and the academic, developmental and functional needs of the student when developing the initial IEP.
- IEP review: An IEP meeting must occur at least once a year. A re-evaluation must occur at least every three years unless the parent and school agree it isn’t needed.
Maryland 504 process:
The 504 process differs between school systems across Maryland.
Exact referral forms, meetings, documentation requirements and timelines can vary by county.
Parents should reach out to their child’s school or local school system to understand the specific procedures in place.
IEP and 504 plan processes in Virginia
- IEP eligibility: Students must meet the criteria for one of the IDEA’s disability categories and need special education related services.
- Initial evaluation timeline: After a referral, evaluations and an eligibility meeting must be held within 65 business days, though local school divisions may shorten that deadline. After the initial eligibility meeting, an IEP meeting must be held within 30 calendar days of the eligibility determination.
- Who handles it: The IEP team consists of the parents of the student, at least one regular education teacher, one special education teacher, a local education agency representative, a specialist to interpret evaluation results and any other individuals at the discretion of the parents or the agency.
- IEP development: The team will create an IEP that consists of the student’s present level of academic achievement and functional performance, measurable annual goals, with benchmarks or short term objectives when the team finds them appropriate (they are required for students who take alternate assessments), supplementary aids, participation in regular classes and state assessments, how progress will be monitored and, for students 14 and older, transition planning for life after high school.
- IEP review: An IEP must be reviewed and updated at least once a year. A re-evaluation must occur at least every three years unless the parent and school agree it isn’t needed.
Virginia 504 process:
Similar to Maryland, Virginia’s 504 process differs between local school systems across the state.
Parents should contact their child’s school to learn about the process to create a 504 plan.
What should parents know before starting the process?
If you believe your child qualifies for additional support at school, you should first talk with your child’s teacher, counselor or school administrator.
Questions you should be prepared to ask are the school’s process for requesting an evaluation, the specific process, and timelines depending on if you’re seeking an IEP evaluation or 504 plan. Keep copies of written requests and school communications during this time.
As procedures and processes differ between jurisdictions and schools, parents should verify the requirements with their child’s school or local education agency.
While an IEP and a 504 plan provide necessary accommodations, they serve different purposes. Understanding the distinction helps families choose the right path for their child.
Cayla Gardner is a graduate of the University of Texas at Austin and a contributor to Washington Parent who covers local events, attractions and lifestyle topics. With a background in public relations and communications, she is passionate about creating engaging, useful content that helps readers discover the best their communities have to offer.
