IEP or 504 in JCPS: 7 Things to Know Before the Meeting
An Individual Education Program and a Section 504 plan are not two levels of the same ladder. In Jefferson County Public Schools, an IEP is for a student who qualifies for special education under the Individuals with Disabilities Education Act and needs specially designed instruction and related services. A Section 504 plan comes from a different federal civil rights law and can protect a student whose disability substantially limits a major life activity, including a student who does not qualify for special education under IDEA.
You do not have to know which law applies before you raise a concern. Tell the school what you are seeing and ask for an evaluation in writing. Insider’s earlier comparison of IEP and 504 plans in JCPS stays useful for the eligibility split.
What is an IEP in Kentucky?
An IEP is the written plan that says what special education and related services an eligible student will receive.
The Admissions and Release Committee, usually called the ARC, develops and reviews that plan. Parents are members of their child’s ARC. 707 KAR 1:320 lists the required ARC members, including a regular education teacher when the child may be in regular education, a special education teacher or provider, a district representative, someone who can interpret evaluation results, and the child when appropriate.
The Kentucky Department of Education’s parent and family resources page describes the IEP as the written, individualized program that outlines the services and supports the school and district will provide so the student can access the general education curriculum. The ARC reviews the IEP at least once a year.
What is a Section 504 plan?
A Section 504 plan is a school plan under Section 504 of the Rehabilitation Act of 1973 for a student with a disability who needs accommodations, aids, or services so the student can access school as adequately as students without disabilities.
Section 504 uses a broader disability standard than IDEA special education eligibility. Learning is only one major life activity. Federal civil rights guidance also points to activities such as concentrating, thinking, reading, walking, seeing, and communicating, along with major bodily functions. That is why a student can be found ineligible for an IEP and still potentially qualify under Section 504.
A common hallway explanation says an IEP provides services and a 504 plan provides accommodations. That is too simple. An IEP can include accommodations. Section 504 can also require regular or special education and related aids and services when a student needs them. The Kentucky Department of Education parent page points families who are considering 504 after an IEP denial to Section 504 resource material rather than treating 504 as automatic.
Who can request an evaluation in JCPS?
Put your request in writing to the school, even if a teacher or counselor already raised the concern. Parents can ask for an evaluation, and so can school staff.
Under Kentucky’s child find rule in 707 KAR 1:300, the district must have a system to locate, identify, and evaluate children ages 3 to 21 who may need special education and related services. That duty covers children in school and out of school who live in the district’s boundaries.
The district's Referrals page posts two forms: the Referral for Multi Disciplinary Evaluation for special education, and the Section 504 Referral Form. A parent, teacher, or administrator can start a 504 referral, Insider reported September 9. For an enrolled student, start with the school counselor or the school’s Section 504 chairperson; if the school does not respond, call Child Find (502 485 3170) or the Section 504 office (502 485 6290).
In the request, describe what you are seeing at home and at school. Say why you believe a disability may be involved. Ask for an evaluation. Keep a copy with the date you sent it.
If the counselor or 504 chair does not answer, send a dated written follow up to the same people first, then take it to Child Find or the Section 504 office with copies of what you already sent.
How long does Kentucky give the district after consent?
707 KAR 1:320 says that within 60 school days after parental consent for an initial evaluation, the child must be evaluated, and if the child is eligible, specially designed instruction and related services must be provided under the IEP. Inside that same 60 school day window, the ARC meeting to develop the IEP must happen within 30 days after the child is found eligible. Some sources call those 30 days calendar days; if a school quotes a different number or unit, ask which document it comes from. Either way, the meeting still has to happen inside the 60 school day limit. Limited exceptions apply if the child moves to a new district mid evaluation and both sides agree on a completion date, or if the parent repeatedly fails or refuses to produce the child for evaluation.
Sixty school days are not 60 calendar days. Weekends, holidays, and breaks stretch the calendar.
Section 504 does not print that same fixed Kentucky school day deadline in the special education regulations. Federal civil rights guidance treats unreasonable delay as a problem and has looked to IDEA and state timelines when judging reasonableness. Keep the dates on your referral, consent forms, and school emails.
JCPS Insider did not find a district page that invents a shorter local IDEA evaluation clock that replaces 707 KAR 1:320.
What basic parent rights should you know before the ARC?
You are a full member of the ARC, not a guest.
707 KAR 1:340 requires prior written notice within a reasonable time before the district proposes or refuses to change identification, evaluation, placement, or the provision of a free appropriate public education. That notice has to describe the action, explain why, list other options considered, and say which records were used. The regulation does not turn “a reasonable time” into a number of days.
The same regulation gives parents a right to an independent educational evaluation. If you disagree with the district’s evaluation and ask for an independent evaluation at public expense, the district must, without unnecessary delay, either request a due process hearing to defend its evaluation or make sure the independent evaluation is provided.
707 KAR 1:340 requires written notice at least seven days before an ARC meeting in ordinary cases. For a safety issue or a disciplinary change of placement, the notice window shrinks to at least 24 hours. The invitation must state the purpose, time, location, who will attend, and that you may invite people with knowledge of your child. If you cannot attend in person, the district must offer another way to participate, which can include phone or video. You are entitled to a copy of the IEP at no cost.
What should you bring and ask at the meeting?
Bring paper proof, not only memory.
Bring the written referral or evaluation request, any medical or private evaluation reports you want the team to see, report cards, teacher emails, work samples, behavior notes, and a short list of what is hard for your child at school and at homework time. Bring the current IEP or 504 plan if one already exists. Bring a notepad or a second adult who can take notes.
Ask these questions out loud and ask that the answers land in the conference summary:
What evaluations were done, and may I have a copy of the written reports?
Under which eligibility category is the team deciding, and what evidence supports yes or no?
If the student is not eligible for an IEP, was Section 504 considered?
What services, accommodations, or aids is the team proposing, how often, where, and for how long?
How will progress be measured, and when will I get progress reports?
Who is the school contact after today if the plan is not followed?
If related services will be discussed, ask that the provider be listed on the notice. 707 KAR 1:320 includes related services personnel “as appropriate.” If the district wants to excuse a required member, ask for that request in writing before the meeting.
Which JCPS phone should parents call?
The district's Exceptional Child Education page lists 502 485 8500.
Child Find is 502 485 3170 on the Referrals page. The JCPS nondiscrimination notice lists 502 485 6290 for Section 504. Put a first evaluation request in writing to the school. If you need another copy of parent rights, ask the school's ECE implementation coach or counselor.
The Kentucky Department of Education dispute resolution page tells families to contact the local director of special education before formal options. Formal IDEA options after that point include mediation, a formal written complaint, and a due process hearing. A formal IDEA complaint is the wrong form for a pure Section 504 civil rights dispute.