IEP/504 Plan

Developing a Neurodiversity
Affirming IEP or 504 Plan

Resources

Image Credit: I CAN Network.

Beginning Guidelines

To craft a 504 Plan or IEP:

  • Ask for evaluations where needed, so that students can be eligible for any needed supports and services needed due to their disabilities. For autistic students, it is helpful to be aware that autism (ASAN, 2024) is a neurotype with variety in how autistic traits present. The autism spectrum is not linear from less autistic to more autistic (Burges, 2022). The variety in impact is in each autistic person’s individual autistic traits and their environment. That being said, autistic people may also have co-occurring conditions.

    • Reference: “ASAN’s Response to the IACC RFI on Co-Occurring Conditions” includes many common, and critical co-occurring conditions (ASAN, 2024).

    • Note: Caregivers in MA have the legal right through “603 CMR, 28.04: Referral and Evaluation” to refuse any evaluations that they do not want, including behavior evaluations.

  • The federal IDEA and the ESSA laws require schools to allow parents to schedule a formal class observation visit. These laws mandate that parents have the right to schedule an observation as part of their meaningful participation in determining their child’s educational placement.

  • To opt out of ABA, you can refuse the service on an IEP or 504 plan in writing if you are the child’s caregiver/guardian and have the right to make your child’s medical/education decisions. If a school district is putting on pressure to accept ABA for your child:

    • The Facebook group Autism Inclusivity will offer support for opting out of ABA, and can give advice and share resources. 

    • In MA legal referrals are available at The Children’s Law Support Service for caregivers/guardians who wish to learn their rights for developing IEP and 504 Plans.

  • To ensure that behavioral interventions are not included in other services like speech and occupational therapy, or embedded in classroom behavioral policies, it is wise to include these demands in writing. 

  • Listing acronyms isn't helpful because not everyone knows what they mean. Instead write out the full words.

Goals and Measurements

Student Centered Goals and Measurements include:

  • Goals based on the needs, preferences and priorities of students (Chazin, et al, 2024).

  • Incorporate student expertise into goal creation.

  • Develop and validate tools to measure student prioritized outcomes and the goodness-of-fit between a student and their environment (Leadbitter et al, 2021).

  • Reference:

    • Should we change targets and methods of early intervention in autism, in favor of a strengths-based education?” (Mottron, 2017).

Avoiding the Use of Reinforcements

In MA, the use of physical negative reinforcements (aversives) on disabled people is legally allowed. Aversives can have negative impacts on people including physical pain, anxiety and PTSD. Aversives can include:

  • Withholding bathroom use, sleep and food.

  • Inflicting physical pain through hitting, pinching and electric skin shock.

The use of positive reinforcements (rewards) can also have negative impacts on a child, when the behavior targeted for elimination serves a useful purpose, or is an integral part of a child’s neurology. A child may feel like they are only valued if they mask or camouflage who they are, which can impact their mental health negatively. 

Both negative and positive reinforcements can be avoided by refusing specific examples in a child’s IEP or 504 plan. For instance, postponing a child’s lunch to finish school work could be refused. Or a child receiving a positive reinforcement for not talking about their special interests, can also be refused.

Seclusion, Restraint & Corporal Punishment

The parent input section of the IEP can include a caregivers desire for their child to not have seclusion, restraint and corporal punishment. They may also choose to sign a No Consent Letter” developed by the Alliance Against Seclusion and Restraint and ask that it be included in a child’s education records. However, these approaches may not stop school staff from using restraint, seclusion, or corporal punishment (if they are allowed by state law). For instance in MA, these practices are allowed in certain circumstances.

Language Suggestions

Language that can be included:

  • “No rewards, charts, or similar items as these are not effective for (name). Instead, genuine, positive feedback and encouragement is more beneficial."

  • “No stopping (name) from stimming.”

  • “No expected compliance.”

  • “No token economy.” (Kalene, 2023). 

  • “No hand over hand.”

  • “No use of aversives including withholding the use of the bathroom, withholding food or withholding sleep (if napping is part of the child’s routine) to change a child’s behavior”.

  • “A plan will be in place to protect (name) from bullying and not expect (name) to be responsible for changing or avoiding another student’s inappropriate behavior”.

Classroom Placement

Classroom placement options usually range from the least restrictive to the most restrictive. These options can include general education, inclusion, partial inclusion, and substantially separate classroom settings. Substantially separate classrooms for autistic students tend to embed ABA. One possible option for a family who doesn’t want ABA for their child, may be to choose a classroom setting that does not exclusively serve autistic students.

School Placement

Public schools are a popular choice for families because of the cost. Another option is to choose to have a child receive services in a public school, but be primarily educated through homeschooling. In addition, if a family finds a private school that is in many ways a good fit for their child, but does not provide services, the child can still receive services in a public school. In these cases the IEP would be created for that public school.

In addition Raelene Dundon, a neurodivergent psychologist and author offers an illustration of what constitutes a “neurodiversity affirming practice.” This illustration can be a starting point to develop IEP and 504 plan goals.