504 Plans, IEPs, ADHD and Arkansas schools
If you've recently learned your child may need educational support due to ADHD, a learning disability, or another condition, the process can feel overwhelming. This guide will help you understand your rights, the difference between available services, and where to find help.
You are not alone, and you have legal protections on your side.
Quick Links
Below is a list references to documents or resources you may need to reference frequently.
- Arkansas State 504 Guidance Manual
- Arkansas State SPED Guidelines (IEP)
- Arkansas Family Guide to SPED
- Arkansas Code: Responsibilities of Public Agencies for IEPs
- Your Rights Under IDEA
- Arkansas OHI Guidelines (IEP)
- The Center for Exceptional Families (AR PTI)
- Legal Aid of Arkansas
- 504 ADHD Rights – Dear Colleague Letter (OCR)
- 504 ADHD Advanced Classes – Dear Colleague Letter (OCR)
- PDF: Special Education Law (3rd Edition)
- PDF: All About IEPs
- PDF: All About Tests
- PDF: From Emotion to Advocacy
First Steps for New Parents
- Contact your state's Parent Training and Information Center (PTI) for free support
- Request your child's complete educational records from the school
- Start a binder or folder to organize all documents related to your child's education
- Document everything in writing—follow up verbal conversations with emails
- Learn the difference between a 504 Plan and an IEP
- Understand your state's specific timelines for evaluations and meetings
- (504 Plans Only) Read the OCR guidance documents relevant to your child's needs
- Consider reading the Wrights Law books
- Join a parent support group (CHADD local chapters, Facebook groups, etc.)
- Request an evaluation in writing if you suspect your child has a disability
Key Advocacy Tips
Put everything in writing.
Verbal agreements are difficult to enforce. Follow up meetings and phone calls with an email summarizing what was discussed.
Keep copies of everything.
Create a system to organize evaluations, IEPs/504 Plans, emails, report cards, work samples, and other documents.
Know your rights.
Schools are required to provide you with information about your procedural safeguards—read them.
You are an equal member of the team.
Your input matters, and you know your child better than anyone.
Don't sign anything you don't understand.
It's okay to take documents home to review before signing.
Parent Information & Training Center (PTI)
Every state has a Parent Training and Information Center (PTI), also known as a Parent Information Center. These centers exist because of federal law and provide FREE services to families of children with disabilities.
In Arkansas, the PTI is called The Center for Exceptional Families.
What is a Parent Information and Training Center?
Parent Training and Information Centers are federally funded organizations established under the Individuals with Disabilities Education Act (IDEA). They are required by law to help parents understand their rights and navigate the special education process.
PTIs are staffed by trained advocates, many of whom are parents of children with disabilities themselves who understand what you're going through.
Arkansas Parent Information Center
The Center for Exceptional Families
https://thecenterforexceptionalfamilies.org/
They provide:
- Free one-on-one assistance understanding your child's rights
- Help preparing for IEP and 504 meetings
- Training workshops for parents
- Assistance understanding evaluation results
- Guidance on dispute resolution options
Why PTIs Exist by Law
Congress recognized that parents need support to be effective advocates for their children. Under IDEA, the U.S. Department of Education funds at least one PTI in every state. These centers are independent of school districts and work solely on behalf of families. Their services are always free.
Tip: Contact your Parent Information Center BEFORE your next school meeting. They can help you prepare questions, understand your options, and even attend meetings with you as support.
504 Plans vs. IEPs
Two federal laws protect students with disabilities in public schools, and each creates a different type of support plan. Understanding the difference is crucial because they offer very different levels of protection and services.
| Feature | 504 Plan | IEP |
|---|---|---|
| Federal Law | Section 504 of the Rehabilitation Act of 1973 | Individuals with Disabilities Education Act (IDEA) |
| Purpose | Removes barriers; provides equal access | Provides specialized instruction and services |
| What It Provides | Accommodations only (changes to HOW the student learns) | Accommodations AND specialized instruction AND related services |
| Examples | Extended time on tests, preferential seating, breaks, note-taking assistance | All 504 accommodations PLUS: specialized reading instruction, occupational therapy, counseling, speech therapy |
| Goals & Progress | No requirement for measurable goals or progress reports | Requires annual measurable goals with regular progress monitoring |
| Related Services | Not typically included | Can include OT, PT, counseling, speech, transportation |
| Parent Rights | Limited procedural safeguards | Strong procedural safeguards including right to Independent Educational Evaluation (IEE), prior written notice, due process rights |
| Eligibility | Any disability that substantially limits a major life activity | Must have one of 13 specific disability categories AND need specially designed instruction |
| Written Plan Required | No federal requirement (though most schools create one) | Yes—detailed written document required by law |
| Review Timeline | Periodic review (no set federal timeline) | Must be reviewed at least annually; reevaluation every 3 years |
| Funding | No additional federal funding provided to schools | Schools receive federal IDEA funding for eligible students |
| Discipline Protections | Some protections; manifestation determination required for suspensions over 10 days | Strong protections; manifestation determination required, stay-put provision, functional behavior assessments |
| Age Limit (K-12) | No age limit—continues as long as student is enrolled | Ends at age 22 or graduation with a regular diploma |
| Transition Planning | Not required | Required beginning at age 16 (or earlier in some states) |
| Applies in College | YES—Section 504 applies to colleges receiving federal funding | NO—IDEA does not apply after high school |
What Happens After High School?
Section 504 follows your child to college, but it works differently. In college, students must self-identify to the disability services office and provide documentation of their disability. The college is not required to provide the same accommodations as high school, but must provide reasonable accommodations that ensure equal access.
IEPs do NOT continue after high school. IDEA only applies to K-12 education. However, the documentation, evaluations, and transition planning from an IEP can be valuable when requesting accommodations in college.
Tip: Request a comprehensive reevaluation before your child graduate. This documentation will be helpful when registering with college disability services.
Important Consideration
A 504 Plan provides accommodations but does NOT provide specialized instruction or services. If your child needs more than just changes to how content is delivered (if they need someone to TEACH them differently or provide therapeutic services) an IEP may be more appropriate.
For example: A 504 can give your child extra time on tests, but it CANNOT provide specialized reading instruction, occupational therapy, counseling services, or explicit instruction in executive functioning strategies.
Which Does Your Child Need?
Consider these questions:
- Does your child need only changes to the learning environment (accommodations)?
- Or does your child need specialized teaching methods, therapeutic services, or individualized instruction?
If accommodations alone will allow your child to access education equally, a 504 Plan may be sufficient. If your child needs specialized instruction or related services (like OT, counseling, or specialized reading instruction), you should request evaluation for an IEP under IDEA.
Arkansas-Specific Timelines You Need to Know
Federal law sets minimum requirements, but Arkansas has specific timelines you should be aware of. Knowing these timelines helps you hold schools accountable and ensures your child receives timely services.
Arkansas IEP Timelines
After you submit a written referral for special education evaluation:
- Within 7 days: The school must schedule a referral conference with you
- Within 21 days: The referral conference meeting must be held
- Within 60 calendar days: After you sign consent, the evaluation must be completed
- Within 30 calendar days: After evaluation is complete, the team must meet to review results
- Within 30 calendar days: After eligibility is determined, the initial IEP must be developed
Ongoing timelines:
- Annual IEP review: Must occur within one calendar year of the previous IEP
- Re-evaluation: Must be considered at least every 3 years
- Meeting notice: You must receive at least 14 days notice before an IEP meeting (unless you agree to meet sooner)
- Notice of Action: Must be given within 7 calendar days before proposed services begin or when the district refuses a request
Arkansas Section 504 Timelines
Unlike IDEA, Section 504 does not have federally mandated timelines. However, Arkansas guidance states that:
- Evaluations must be held within a reasonable amount of time from when the referral was received
- Plans must be reviewed periodically and before any significant change in placement
- Re-evaluation must occur periodically (many districts follow the 3-year IDEA timeline as best practice)
Tip: If your district does not have specific 504 timelines in their written procedures, ask them to put their expected timeline in writing.
Section 504 and ADHD
Students with ADHD are clearly protected under Section 504 of the Rehabilitation Act. The U.S. Department of Education's Office for Civil Rights (OCR) has issued important guidance documents that clarify schools' obligations to students with ADHD.
Key Points About ADHD and Section 504
- ADHD is recognized as a disability that can substantially limit major life activities including concentrating, reading, thinking, and brain functions
- A student does NOT need to be failing academically to qualify for protection—good grades do not disqualify a student
- Schools must consider the amount of time and effort a student must expend compared to peers without disabilities
- Schools cannot consider the effects of medication or other "mitigating measures" when determining if a student has a disability
- Inattentive-type ADHD is often overlooked because these students are not disruptive, but they have the same legal protections
- Schools cannot use intervention programs (like RTI) to delay or deny evaluation when a disability is suspected
Important OCR Guidance Documents
The U.S. Department of Education's Office for Civil Rights (OCR) has issued two critical guidance documents that every parent of a child with ADHD should read:
Dear Colleague Letter: Students with ADHD and Section 504 (July 2016)
This comprehensive 42-page document provides detailed guidance on schools' obligations to students with ADHD under Section 504. It addresses evaluation requirements, the definition of disability, placement decisions, and procedural safeguards.
Key takeaway: OCR will presume that a student with a diagnosis of ADHD is substantially limited in one or more major life activities unless there is evidence to the contrary.
Dear Colleague Letter: Access by Students with Disabilities to Challenging Academic Programs (December 2007)
This letter clarifies that schools cannot deny qualified students with disabilities access to Advanced Placement, International Baccalaureate, or other accelerated programs. It also confirms that schools cannot require students to give up their accommodations or services as a condition of participating in these programs.
Key takeaway: If your child has an IEP or 504 Plan and qualifies for honors or AP classes, the school must provide their accommodations in those classes too.
Understanding State vs. Federal Regulations
⚠️ Important: State and Federal Laws Can Differ
While Section 504 is a federal law that applies to all states, individual states may have additional regulations or requirements that go beyond federal minimums. You need to know BOTH your federal rights AND your state's specific regulations.
Federal law sets the minimum floor of protections, but states can provide greater protections. Some areas where state regulations may differ include:
- Timelines for evaluations and meetings
- Specific procedural requirements
- Additional services or supports
- Dispute resolution procedures
- Documentation requirements
Finding Your State's 504 Resources
To find your state's specific Section 504 regulations and guidance:
- Contact your state's Department of Education
- Reach out to your Parent Training and Information Center (PTI)
- Check your school district's Section 504 policies
- Review your state's administrative code for education regulations
Arkansas-Specific Resources
Wrights Law Website
Wrightslaw is one of the most trusted and comprehensive resources for parents navigating special education law. Founded by Pete Wright (a special education attorney) and Pam Wright (a psychotherapist and advocate), Wrightslaw provides accurate, reliable information about special education law and advocacy.
Wrightslaw Website
The website includes:
- Articles explaining IDEA and Section 504
- Case law summaries
- Advocacy strategies
- Sample letters
- State-specific resources
- A newsletter to keep you updated on legal changes
Recommended Wrights Law Books
These books are considered essential reading for any parent advocating for their child with a disability:
Wrightslaw: Special Education Law, 2nd Edition
A comprehensive guide to IDEA and Section 504
→ Learn more / Purchase
Wrightslaw: From Emotions to Advocacy, 2nd Edition
Teaches parents how to become effective advocates
→ Learn more / Purchase
Wrightslaw: All About IEPs
Everything you need to know about IEPs
→ Learn more / Purchase
Wrightslaw: All About Tests and Assessments
Understanding educational testing
→ Learn more / Purchase
How to Request an Evaluation in Writing
⚠️ Why Written Requests Matter
Verbal requests do not start the legal timeline. Always put your request in writing. This creates documentation and starts the clock on the school's obligation to respond. Keep a copy of everything you send.
What to Include in Your Written Request
Your letter should include:
- Today's date
- Your child's full name, date of birth, and grade
- The name of your child's school
- A clear statement that you are requesting an evaluation for special education services (IEP) OR a Section 504 evaluation
- A brief description of your concerns about your child's learning or behavior
- Your contact information
- A request for written response
Where to Send Your Request
Send your request to:
- The school principal
- The district's Special Education Director (for IEP requests)
- The district's Section 504 Coordinator (for 504 requests)
Tip: Send to multiple people and keep proof of delivery (email with read receipt, certified mail, or hand-deliver and get a signed copy).
Sample IEP Evaluation Request Letter
[Date]
Dear [Principal's Name] and [Special Education Director's Name],
I am writing to formally request that [Child's Name], date of birth [DOB], a student in [grade] at [school name], be evaluated for special education services under the Individuals with Disabilities Education Act (IDEA).
I am concerned because [briefly describe 2-3 specific concerns—for example: "my child struggles to complete assignments on time, has difficulty focusing in class, and is reading below grade level despite extra help at home"].
I understand that the school has 21 days to hold a referral conference and request that you contact me to schedule this meeting. Please respond to this request in writing.
Thank you for your attention to this matter. I look forward to working together to support my child's educational needs.
Sincerely,
[Your Name]
[Your Phone Number]
[Your Email Address]
CC: [Keep a copy for your records]
Sample Section 504 Evaluation Request Letter
[Date]
Dear [Principal's Name] and [Section 504 Coordinator's Name],
I am writing to formally request that my child, [Child's Name], date of birth [DOB], a student in [grade] at [school name], be evaluated under Section 504 of the Rehabilitation Act of 1973 to determine if [he/she] has a disability that substantially limits a major life activity and requires accommodations to access [his/her] education.
I am concerned because [briefly describe 2-3 specific concerns—for example: "my child has been diagnosed with ADHD and struggles to stay focused during class, has difficulty completing tests within the allotted time, and frequently loses or forgets to turn in assignments despite understanding the material"].
I understand that under Section 504, the school is required to evaluate any student who is suspected of having a disability that may require accommodations. I am requesting that the school convene a Section 504 team to review my child's needs and conduct an appropriate evaluation.
Please provide me with written notice of your decision regarding this request, along with information about my rights under Section 504, including the grievance procedures. I would also appreciate receiving a copy of the school district's Section 504 policies and procedures.
Thank you for your prompt attention to this matter. Please contact me at your earliest convenience to discuss next steps.
Sincerely,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
CC: [Keep a copy for your records]
What to Do If the School Says No
If the school refuses to evaluate your child or denies services you believe your child needs, you have rights.
The School Must Provide Prior Written Notice
Under IDEA, whenever a school proposes OR refuses to take action regarding your child's identification, evaluation, placement, or services, they must provide you with Prior Written Notice (called "Notice of Action" in Arkansas). This document must explain:
- What action they are proposing or refusing
- Why they are proposing or refusing the action
- What data or information they used to make this decision
- What other options were considered and why they were rejected
- Your rights and how to access procedural safeguards
If the School Refuses Your Request
Always request the refusal in writing. If they only tell you verbally, follow up with an email: "I want to confirm that the school is refusing to [evaluate my child / provide this service]. Please provide me with Prior Written Notice explaining this decision as required by IDEA."
Your Options in Arkansas
If you disagree with the school's decision, you have several options:
| Option | What It Is | Timeline |
|---|---|---|
| Facilitated IEP Meeting | An impartial facilitator helps the team reach agreement | 14 days or fewer |
| Mediation | A neutral mediator helps resolve disputes | 14 days or fewer |
| State Complaint (IDEA) | Written complaint to Arkansas Dept. of Education alleging IDEA violation | 60 calendar days |
| Due Process Hearing (IDEA) | Formal legal proceeding with a hearing officer | 75+ calendar days |
| Section 504 Grievance | File a grievance with your school district's 504 Coordinator | Varies by district |
| OCR Complaint (Section 504) | File with Office for Civil Rights for Section 504 violations | Varies |
| EAC Complaint (Section 504) | File with Arkansas DESE Equity Assistance Center | Varies |
Source: Arkansas Family Guide to Special Education
Contact your Parent Training and Information Center (The Center for Exceptional Families) for free help navigating these options.
Red Flags to Watch For
If you hear any of these statements from school staff, they may indicate a misunderstanding of the law or an attempt to avoid their obligations:
🚩 Red Flag Statements
"We don't do that here."
Schools must provide the services your child needs. If they don't currently offer a service, they may need to find a way to provide it.
"Let's wait and see."
If you suspect your child has a disability, the school cannot delay evaluation. Intervention programs (like RTI) cannot be used to deny or delay an evaluation.
"Your child is getting good grades, so they don't qualify."
Good grades do NOT disqualify a student. A child can be substantially limited in a major life activity and still achieve academically through extraordinary effort.
"We need to finish RTI/MTSS first before we can evaluate."
This is a violation of federal law. Schools cannot require completion of intervention programs before evaluating a child suspected of having a disability.
"You need to get a diagnosis before we can help."
A medical diagnosis is NOT* required for eligibility under Section 504 or IDEA. The school must evaluate based on suspected disability.
"Just sign here so we can get started."
Never feel pressured to sign documents at a meeting. You have the right to take documents home to review before signing.
"We can't afford that service/accommodation."
Cost cannot be the reason for denying a service or accommodation your child needs. Schools must provide FAPE regardless of cost.
"That accommodation isn't in our system/We've never done that before."
Accommodations must be individualized based on your child's needs, not limited to a pre-set list.
Understanding Medical Diagnosis Requirements
For Section 504: A medical diagnosis is NOT required. The school must evaluate any student suspected of having a disability that substantially limits a major life activity. However, if the school determines a medical assessment IS necessary for the evaluation, it must be provided at no cost to the parent.
For IDEA (IEP) in Arkansas: It depends on the disability category. For the Other Health Impairment (OHI) category—which is commonly used for students with ADHD and other chronic health conditions—Arkansas does require a medical diagnosis from a licensed physician documenting the health condition. See Arkansas OHI Eligibility Criteria
Important: If the school determines a medical assessment is necessary for an evaluation under Section 504 or IDEA, the school district must ensure the student receives this assessment at no cost to the parent. You cannot be required to pay for medical evaluations needed to determine eligibility.
Sources: OCR Parent and Educator Resource Guide to Section 504 (December 2016); OCR Dear Colleague Letter: Students with ADHD and Section 504 (July 2016)
Your Rights as a Parent
As a parent, you have important rights throughout the special education process. Knowing your rights helps you advocate effectively for your child.
Your Rights Include:
- Right to participate in all meetings about your child's identification, evaluation, and placement
- Right to bring someone with you to meetings—an advocate, family member, friend, or attorney
- Right to receive documents in advance of meetings so you can prepare
- Right to receive Prior Written Notice whenever the school proposes or refuses to take action
- Right to examine all educational records related to your child
- Right to request an Independent Educational Evaluation (IEE) at the district's expense if you disagree with their evaluation
- Right to receive information in your native language or mode of communication
- Right to revoke consent for special education services at any time
- Right to file complaints and request due process hearings
- Right to receive a copy of procedural safeguards at least once per year
Important: In Arkansas, educational rights transfer to your child when they turn 18 (age of majority). At least one year before your child turns 18, both you and your child must be informed about this transfer of rights.
Questions to Ask at Meetings
Being prepared with questions helps you participate effectively in IEP and 504 meetings. Here are some questions to consider:
During Evaluation Discussions:
- What areas will be evaluated?
- Who will conduct the evaluations?
- What is the timeline for completing the evaluation?
- How will I receive the results?
During Eligibility Discussions:
- What data supports this eligibility decision?
- How does my child's disability affect their learning?
- If my child doesn't qualify for an IEP, should we consider a 504 Plan?
During IEP/504 Development:
- How were these goals developed?
- How will progress be measured and reported to me?
- What happens if my child isn't making progress?
- Who is responsible for implementing each accommodation/service?
- How will teachers be informed of my child's plan?
About Services and Placement:
- What services does my child need to make progress?
- How much time will my child spend in general education vs. special education settings?
- What supports will be provided in the general education classroom?
- Does my child need Extended School Year (ESY) services?
If You Disagree:
- Can you explain the data that supports this decision?
- What other options were considered?
- Can I have that refusal in writing with Prior Written Notice?
- What are my options for dispute resolution?
Key Phrases to Use in IEP and 504 Meetings
The words you use in meetings matter. Using specific legal and educational terminology helps ensure your concerns are documented and taken seriously. Here are powerful phrases organized by situation.
💡 Why These Phrases Matter
Schools are required to respond to certain legal terms and concepts. When you use these phrases, you're speaking the language of special education law—and it signals that you know your rights. These phrases also help ensure your concerns are properly documented in meeting notes.
When Discussing Your Child's Needs
| Phrase | When to Use It |
|---|---|
| "My child is not able to access the curriculum without..." | When requesting accommodations or services. "Accessing the curriculum" is a key legal concept—schools must ensure your child can access learning. |
| "This is substantially limiting my child's ability to..." | When establishing 504 eligibility. "Substantially limits a major life activity" is the legal standard for Section 504. |
| "My child's disability adversely affects their educational performance." | When establishing IDEA eligibility. This is required language for IEP eligibility. |
| "What does the data show?" | When the team makes any recommendation. Decisions must be based on data, not opinions or assumptions. |
| "My child requires specially designed instruction in order to..." | When advocating for an IEP over a 504 Plan. This phrase indicates your child needs more than just accommodations. |
| "I have concerns about my child's rate of progress." | When your child isn't making expected gains. This can trigger a review of services or goals. |
When Requesting Services or Supports
| Phrase | When to Use It |
|---|---|
| "What supports are needed for my child to be educated in the least restrictive environment?" | When placement is being discussed. Schools must consider general education with supports before more restrictive settings. |
| "I am requesting that the team consider..." | When proposing any accommodation, service, or goal. The team is required to consider parent input. |
| "My child needs this service/accommodation in order to receive FAPE." | When advocating for a specific service. FAPE (Free Appropriate Public Education) is what the school is legally required to provide. |
| "Has the team considered assistive technology to address this need?" | When discussing any area of difficulty. The IEP team is required to consider assistive technology for every student. |
| "I would like the team to conduct a Functional Behavior Assessment." | When your child has behavior challenges. An FBA identifies WHY behaviors occur so they can be addressed effectively. |
| "What related services does my child need to benefit from special education?" | When advocating for services like OT, speech, counseling, etc. Related services are part of FAPE. |
| "I want this accommodation/service to be written into the IEP/504 Plan." | When you want something documented. Verbal agreements are not enforceable—it must be in the written plan. |
When You Disagree or Have Concerns
| Phrase | When to Use It |
|---|---|
| "I want my concerns documented in the meeting notes." | Anytime you express a concern. This creates a record that you raised the issue. |
| "Please provide me with Prior Written Notice of that decision." | When the school proposes or refuses anything. PWN forces the school to explain their reasoning in writing. |
| "I disagree with this decision and want that noted in the record." | When you don't agree with the team. Your disagreement should be documented. |
| "What data supports this recommendation?" | When you question any decision. Decisions should be based on data, not convenience or cost. |
| "I do not consent to this, and I am requesting an Independent Educational Evaluation." | When you disagree with the school's evaluation. You have the right to an IEE at district expense. |
| "Is the school's decision based on my child's individual needs, or on cost/staffing/availability?" | When you suspect services are being denied for the wrong reasons. Cost cannot be the basis for denying FAPE. |
| "I need time to review this before I sign." | When you're asked to sign documents at the meeting. You are never required to sign on the spot. |
| "What are my options for dispute resolution?" | When you've reached an impasse. This signals you know there are formal processes available. |
When Discussing Evaluations
| Phrase | When to Use It |
|---|---|
| "I am requesting an evaluation in all areas of suspected disability." | When requesting an evaluation. Schools must evaluate in ALL areas of suspected disability—not just one. |
| "I suspect my child has a disability and I am requesting an evaluation." | To trigger the school's obligation to evaluate. Suspected disability = obligation to evaluate. |
| "RTI/MTSS cannot be used to delay this evaluation." | If the school says they need to try interventions first. Federal law prohibits using RTI to delay evaluation when disability is suspected. |
| "I want a comprehensive evaluation that includes..." | When specifying evaluation areas. Be specific about what you want assessed (academic, cognitive, social-emotional, executive function, etc.). |
| "Good grades do not disqualify my child from eligibility." | If the school uses grades to deny services. A child can be substantially limited AND earn good grades through extraordinary effort. |
When Discussing Goals and Progress
| Phrase | When to Use It |
|---|---|
| "How is this goal measurable?" | When reviewing proposed goals. Goals must be measurable—vague goals like "will improve" are not acceptable. |
| "What is the baseline for this goal?" | When establishing goals. You need to know where your child is starting to measure progress. |
| "My child is not making meaningful progress toward their goals." | When progress reports show lack of progress. This can trigger a meeting to revise the IEP. |
| "How will progress be measured and reported to me?" | When goals are developed. You must receive progress reports at least as often as report cards. |
| "This goal is not ambitious enough to close the gap with peers." | When goals seem too easy. The IEP should be reasonably calculated to enable progress appropriate to the child. |
When Discussing Placement
| Phrase | When to Use It |
|---|---|
| "What supplementary aids and services has the team considered to support my child in general education?" | Before any discussion of more restrictive placement. Schools must try supports in general education first. |
| "Is this the least restrictive environment for my child?" | When placement is discussed. LRE is a legal requirement—your child should be with non-disabled peers to the maximum extent appropriate. |
| "Placement should be based on my child's individual needs, not on disability category." | If the school suggests a placement based on diagnosis. Placement decisions must be individualized. |
| "What is the continuum of placement options available?" | When exploring placement. Schools must have a range of options available, from full inclusion to more restrictive settings. |
Phrases for Documentation and Follow-Up
| Phrase | When to Use It |
|---|---|
| "I would like a copy of the meeting notes." | At the end of every meeting. Always get documentation of what was discussed. |
| "I am putting this request in writing." | Anytime you make a formal request. Written requests create documentation and start timelines. |
| "Please confirm this in writing." | After any verbal agreement or commitment. Written confirmation protects you if there's a dispute later. |
| "I want to follow up on our conversation from [date] regarding..." | When following up after meetings. This documents the timeline and shows you're tracking commitments. |
| "Who is responsible for implementing this, and what is the timeline?" | When services or accommodations are agreed upon. Establishes accountability and deadlines. |
✅ Tips for Using These Phrases Effectively
- Stay calm and professional. These phrases are most effective when delivered in a collaborative, matter-of-fact tone.
- Write them down before the meeting. Bring notes with the phrases you want to use so you don't forget in the moment.
- Don't be afraid to ask for clarification. "Can you explain what that means?" is always appropriate.
- Follow up in writing. After the meeting, send an email summarizing key decisions and using these phrases again to document your concerns.
- Bring support. Consider bringing an advocate, family member, or friend who can help you stay on track and remember to use these phrases.
⚠️ Remember: Your Signature Matters
Signing an IEP or 504 Plan indicates you attended the meeting, not necessarily that you agree with everything in it. However, for initial placement in special education, your signature on the consent form IS required before services can begin. If you disagree with a plan, you can:
- Write "I disagree with [specific items]" next to your signature
- Attach a written statement of your concerns
- Take the document home to review before signing
- Request Prior Written Notice if your requests were denied
Arkansas Official Guides
These are the official Arkansas state guides that contain sample forms, detailed procedures, and additional information:
- Section 504: Arkansas DESE Section 504 Guidance Manual (2022)
- IEP/Special Education: A Family's Guide to Special Education in Arkansas (2019)
Tip: Download and save these guides for reference. They contain sample forms and detailed explanations of procedures.
Where to File Complaints in Arkansas
For Section 504 Complaints:
Arkansas DESE Equity Assistance Center (EAC)
Arkansas Division of Elementary and Secondary Education
4 Capitol Mall, Box 25
Little Rock, AR 72201
Fax: 501-682-7288
Email: ADE.EquityAssistance@ADE.Arkansas.gov
Office for Civil Rights (OCR) - Kansas City Office
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, Missouri 64106
Fax: 816-268-0599
Email: OCR.KansasCity@ed.gov
For IDEA/Special Education Complaints:
Contact the Arkansas Department of Education Special Education Unit:
Phone: (501) 682-4221
Website: Arkansas DESE Special Education
Glossary of Common Terms
Special education has its own vocabulary. Here are the key terms you'll encounter:
| The Big Picture Terms | |
| 504 Plan | A plan developed under Section 504 of the Rehabilitation Act that provides accommodations to students with disabilities so they can access education equally with their non-disabled peers. Does not provide specialized instruction. |
| Section 504 | Section 504 of the Rehabilitation Act of 1973 – a federal civil rights law that prohibits discrimination against individuals with disabilities in programs receiving federal funding, including public schools. |
| IEP | Individualized Education Program – a legally binding written document developed under IDEA that outlines a student's special education services, goals, accommodations, and placement. More comprehensive than a 504 Plan. |
| IDEA | Individuals with Disabilities Education Act – the federal law that guarantees students with disabilities the right to a free appropriate public education (FAPE) and provides funding to states for special education services. |
| FAPE | Free Appropriate Public Education – your child's right under both Section 504 and IDEA to receive special education and related services at no cost that meet their individual needs. |
| LRE | Least Restrictive Environment – the requirement that children with disabilities be educated with non-disabled peers to the maximum extent appropriate, with supports and services as needed. |
| Evaluation & Eligibility Terms | |
| Child Find | The legal requirement that schools actively locate, identify, and evaluate all children with disabilities in their jurisdiction, including those in private schools, homeschools, and those who are homeless. |
| Referral | A formal request (best made in writing) asking the school to evaluate a child for special education services or a 504 Plan. |
| Evaluation | The process of gathering information about a child through testing, observations, and other methods to determine if they have a disability and what services they need. |
| Re-evaluation | A review of a child's needs that must occur at least every three years under IDEA (or more often if needed) to determine continued eligibility and appropriate services. |
| IEE | Independent Educational Evaluation – an evaluation conducted by a qualified professional outside the school district. Parents can request an IEE at district expense if they disagree with the school's evaluation. |
| Eligibility | The determination of whether a child meets the criteria to receive services under IDEA (one of 13 disability categories) or Section 504 (substantially limited in a major life activity). |
| IDEA Disability Categories | |
| OHI | Other Health Impairment – an IDEA category for students with chronic or acute health problems (including ADHD, diabetes, epilepsy, heart conditions) that adversely affect educational performance. |
| SLD | Specific Learning Disability – an IDEA category for disorders in basic psychological processes involved in understanding or using language (includes dyslexia, dyscalculia, dysgraphia). |
| ED / EBD | Emotional Disturbance / Emotional Behavioral Disorder – an IDEA category for conditions affecting educational performance over time, including anxiety, depression, and other emotional/behavioral conditions. |
| ASD | Autism Spectrum Disorder – an IDEA disability category characterized by differences in social communication and interaction, and restricted/repetitive behaviors or interests. |
| IEP Document Terms | |
| PLAAFP | Present Level of Academic Achievement and Functional Performance – the section of the IEP that describes your child's current abilities and how their disability affects their progress. |
| Annual Goals | Measurable statements in the IEP describing what the child is expected to achieve within one year. Goals must be specific, measurable, and tied to the child's needs. |
| Benchmarks / Objectives | Smaller, measurable steps that lead to accomplishing an annual goal. Required for students taking alternate assessments; optional for others. |
| Progress Monitoring | Regular measurement and reporting of a student's progress toward IEP goals. Parents must receive progress reports at least as often as report cards. |
| Services & Supports Terms | |
| Accommodation | A change in HOW a student learns or demonstrates learning (e.g., extended time, preferential seating, audio books). Does not change WHAT the student is expected to learn. |
| Modification | A change in WHAT a student is expected to learn or demonstrate (e.g., fewer spelling words, simplified assignments). Changes the learning expectations. |
| Related Services | Services that help a child benefit from special education, including speech therapy, occupational therapy (OT), physical therapy (PT), counseling, transportation, and school nurse services. |
| Specially Designed Instruction (SDI) | Instruction adapted in content, methodology, or delivery to address a child's unique needs resulting from their disability. This is what distinguishes an IEP from a 504 Plan. |
| Supplementary Aids & Services | Aids, services, and supports provided in general education settings to help students with disabilities be educated alongside non-disabled peers (e.g., paraprofessional support, assistive technology). |
| Assistive Technology (AT) | Any device or equipment used to maintain or improve the functional capabilities of a child with a disability (e.g., text-to-speech software, communication devices, specialized keyboards). |
| ESY | Extended School Year – services provided beyond the regular school year to prevent significant regression. Not the same as summer school; must be determined individually by the IEP team. |
| Behavior Terms | |
| FBA | Functional Behavior Assessment – an evaluation process to understand WHY a child engages in challenging behavior by identifying the function or purpose the behavior serves. |
| BIP | Behavior Intervention Plan – a written plan based on the FBA that describes strategies, supports, and interventions to address challenging behaviors using positive approaches. |
| Manifestation Determination | A review required when a student with a disability faces suspension over 10 days to determine if the behavior was caused by or related to the disability. If yes, the student cannot be expelled for that behavior. |
| PBIS | Positive Behavioral Interventions and Supports – a framework for preventing and addressing behavior challenges using evidence-based strategies focused on teaching expected behaviors. |
| Procedural & Legal Terms | |
| PWN / Prior Written Notice | A written document the school must provide whenever they propose OR refuse to take action regarding identification, evaluation, placement, or services. Called "Notice of Action" in Arkansas. |
| Procedural Safeguards | The rights guaranteed to parents under IDEA, including the right to participate in meetings, access records, receive notice, and resolve disputes. Schools must provide this document at least annually. |
| Consent | Written permission from a parent. Required before initial evaluation, initial placement in special education, and re-evaluation (if new testing is needed). Parents can revoke consent at any time. |
| Due Process | A formal legal procedure to resolve disputes between parents and schools regarding the identification, evaluation, placement, or provision of FAPE. Results in a binding decision from a hearing officer. |
| Mediation | A voluntary dispute resolution process where a neutral third party helps parents and the school reach a mutually agreeable solution. Less formal than due process. |
| State Complaint | A written complaint filed with the state Department of Education alleging that a school has violated IDEA. The state must investigate and issue findings within 60 days. |
| OCR Complaint | A complaint filed with the U.S. Department of Education's Office for Civil Rights alleging discrimination under Section 504 or other civil rights laws. |
| Stay Put | The right of a child to remain in their current educational placement during any dispute resolution process (due process, appeals) unless parents and school agree otherwise. |
| Placement & Setting Terms | |
| Inclusion | The philosophy and practice of educating students with disabilities in general education classrooms alongside their non-disabled peers, with appropriate supports. |
| Resource Room | A separate classroom where students with disabilities receive specialized instruction for part of the school day, while spending the rest of their time in general education. |
| Self-Contained Classroom | A separate classroom where students with disabilities receive instruction for most or all of the school day, typically with a smaller student-to-teacher ratio. |
| Continuum of Placements | The range of placement options schools must have available, from general education with supports to more restrictive settings, to meet the individual needs of students with disabilities. |
| School Intervention Terms | |
| RTI | Response to Intervention – a multi-tiered system of supports providing increasingly intensive interventions to struggling students. Cannot be used to delay or deny an evaluation when a disability is suspected. |
| MTSS | Multi-Tiered System of Supports – a framework that provides academic and behavioral support at varying levels of intensity based on student need. Similar to RTI but often broader in scope. |
| Transition Terms | |
| Transition Services | Coordinated activities designed to help students with disabilities move from school to post-school activities (employment, higher education, independent living). Must be addressed in IEP by age 16. |
| Age of Majority | The age when educational rights transfer from parents to the student. In Arkansas, this is age 18. Students and parents must be notified at least one year before this transfer occurs. |
| Key People & Agencies | |
| LEA | Local Education Agency – typically your school district. The LEA is responsible for providing FAPE to eligible students. |
| SEA | State Education Agency – in Arkansas, this is the Division of Elementary and Secondary Education (DESE), which oversees implementation of IDEA and Section 504 statewide. |
| 504 Coordinator | The person designated by the school district to ensure compliance with Section 504. Required for districts with 15 or more employees. |
| Case Manager | The special education teacher or staff member responsible for coordinating a student's IEP, scheduling meetings, and ensuring services are implemented. |
| PTI / Parent Center | Parent Training and Information Center – federally funded organizations that provide free support and training to parents of children with disabilities. In Arkansas: The Center for Exceptional Families. |
| OCR | Office for Civil Rights – the federal agency within the U.S. Department of Education that enforces Section 504 and investigates complaints of disability discrimination in schools. |
| OSEP | Office of Special Education Programs – the federal agency within the U.S. Department of Education that administers IDEA and provides guidance to states on special education. |
ADHD Resources
Understanding ADHD is essential for advocating effectively for your child. These resources provide valuable information about ADHD, treatment options, and educational strategies.
National Organizations
CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder)
The leading nonprofit organization for people affected by ADHD
https://chadd.org/
Understood.org
Comprehensive resources for learning and attention issues
https://www.understood.org/
ADDitude Magazine
Articles, webinars, and resources for ADHD
https://www.additudemag.com/
CDC - ADHD Information
Research-based information from the Centers for Disease Control
https://www.cdc.gov/ncbddd/adhd/
National Institute of Mental Health - ADHD
Scientific information about ADHD
https://www.nimh.nih.gov/health/topics/attention-deficit-hyperactivity-disorder-adhd
Educational Strategies from the U.S. Department of Education
Teaching Children with ADHD: Instructional Strategies and Practices
https://www2.ed.gov/rschstat/research/pubs/adhd/adhd-teaching-2008.pdf
Identifying and Treating ADHD: A Resource for School and Home
https://www2.ed.gov/rschstat/research/pubs/adhd/adhd-identifying-2008.pdf
IEP Resources
If your child qualifies for an IEP under IDEA, these resources will help you understand the process and become an effective advocate.
Federal Resources
IDEA Website (U.S. Department of Education)
Official information about the Individuals with Disabilities Education Act
https://sites.ed.gov/idea/
Center for Parent Information and Resources (CPIR)
The hub of information for Parent Centers nationwide
https://www.parentcenterhub.org/
Office of Special Education Programs (OSEP)
The federal office that administers IDEA
https://www2.ed.gov/about/offices/list/osers/osep/index.html
Practical IEP Guides
Understood - IEP Guide
Step-by-step explanation of the IEP process
https://www.understood.org/
CPIR - IEP Contents
Detailed explanation of what must be in an IEP
https://www.parentcenterhub.org/iep-contents/
CPIR - Parent Participation
Your role as a parent in the IEP process
https://www.parentcenterhub.org/pa12/
IEP-Specific Topics
Independent Educational Evaluations (IEE)
Your right to an independent evaluation at district expense
https://www.parentcenterhub.org/iee/
Prior Written Notice
Understanding the district's obligation to notify you of decisions
https://www.parentcenterhub.org/notice/
Due Process Rights
Your procedural safeguards under IDEA
https://www.parentcenterhub.org/procedural-safeguards/
Disclaimer: This resource guide is for informational purposes only and does not constitute legal advice. For specific legal questions, consult with a special education attorney or advocate.
Last updated: February 22, 2026
