Frequently Asked Questions

My doctor gave my child a diagnosis. Does that mean they automatically get an IEP?

Not necessarily. A medical diagnosis is one piece of the puzzle. To get an IEP, the school must conduct its own evaluation to see if the disability “adversely affects” your child’s educational performance and your child requires specially designed instruction.

I got an assessment that I want the team to review. What is that process?

If you have an outside evaluation or private assessment:

1. Submit it in writing: Provide a copy to your child’s case manager or the school psychologist. It’s best to do this at least a week before a meeting so they have time to read it.

2. Review Meeting: The IEP team is legally required to “consider” outside information. They will schedule a meeting to discuss the findings with you.

3. The Three Likely Outcomes:

  • No Changes Needed: The team reviews the data but agrees the current IEP already meets your child’s needs.

  • More Data Required: The assessment sparks new questions, and the team may suggest further school-based testing or data to get a complete picture.

  • IEP Updates: The team uses the new information to add goals, change accommodations, or even update your child’s eligibility category.

What if I disagree with the school’s evaluation results?

You have the right to request an Independent Educational Evaluation (IEE), funded by the school system. This is an assessment conducted by an outside professional that would be considered by the IEP team after it is completed. (See the Procedural Safeguards section)

Can I bring someone with me to an IEP meeting?

Yes, you can bring anyone with “knowledge or special expertise regarding the child.” This could be a spouse, a grandparent, a private therapist, or an advocate. It’s helpful to let the school know ahead of time who is coming. Additionally, note that any members that you are bringing will not be included on the IEP Meeting Notice, but should be included on the IEP Team Report.

What is the difference between an Accommodation and a Modification?

An accommodation changes how a student learns (e.g., extra time on a test). A modification changes what a student is expected to learn (e.g., fewer questions or easier reading level).

Can I request a meeting before the annual review date?

Yes, you (or any team member) can request an IEP meeting at any time if you have concerns about progress or believe the plan needs adjusting.

What do I do if I feel the IEP isn’t being followed?

First, reach out to the teacher or case manager in writing. If that doesn’t resolve it, you can request an IEP meeting to discuss implementation. You may also request that the administrator or a Department of Special Education representative is present to support the process.

Can the school change my child’s services without telling me?

No, the school must provide you with Prior Written Notice (PWN) before they change the identification, evaluation or educational placement of your child.

What happens if I move to another school district?

If your child moves within the state of Maryland, your child’s current IEP stays in effect until the new district either adopts it or develops a new one. Provide the new school with a copy of the most recent IEP and evaluation as soon as possible.

What if I move out of state?

Each state has it’s own laws and regulations. You will want to communicate to the new school as soon as possible and provide them with all relevant documentation so they can follow their state procedures.

What if I enroll my child in home instruction (homeschool) or in a private school?

Once a child is enrolled private school, they no longer have the individual right to the full range of services in their IEP. Instead, HCPSS may develop an Individual Service Plan (ISP). This plan is much more limited and is only available for students with specific speech language needs such as articulation.

Even if your child is attending a private school, the HCPSS is still responsible for evaluating them to see if they have a disability. You may still request an evaluation or a re-evaluation every three years to keep your child’s eligibility “active” in case you decide to re-enroll your child in public school.

What is the difference between an IEP and a 504?

The main difference is that an IEP (Individualized Education Program) provides specialized instruction, while a 504 Plan provides equal access through accommodations. Think of it this way: a 504 Plan “levels the playing field” so a student can get to the same starting line as their peers, whereas an IEP actually changes the “way the game is played” to help a child learn.

To qualify for an IEP, a student must have one of 13 specific disabilities under the Individuals with Disabilities Education Act that significantly impacts their learning. Because it is a ‘program’, it includes specialized teaching, measurable goals, and a wide team of experts. It is a formal, multi-page legal document that requires the school to track and report on your child’s progress regularly.

A 504 Plan is broader and falls under civil rights law. The purpose of Section 504 is to ensure equal access to all educational programs, activities, and services that the school offers to all students. It is designed for students who have a disability—like ADHD, anxiety, or a physical medical condition—that limits a “major life activity.” Instead of specially designed instruction, a 504 Plan offers accommodations, such as extra time on tests, a quiet workspace, or a seat at the front of the classroom.