Meet Emma:
When Emma moved from Oxford in the United Kingdom to Chicago, Illinois with her 10-year-old son, Oliver, she thought she had the essentials covered: housing, employment, and schools. But the real challenge emerged when she tried to translate Oliver’s Education, Health and Care Plan (EHCP) to IEP into the U.S. Special Education system.
Back in the UK, Oliver’s autism diagnosis unlocked a legally binding EHC Plan that coordinated support across school, community services and private speech and occupational therapy. That plan enabled him to thrive in mainstream classrooms. Emma recalls, “Oliver had a teaching assistant who knew how to help him focus and take sensory breaks. It wasn’t perfect, but it felt like everyone was on the same page.”
In the U.S., Emma found herself facing a different system—one governed by new acronyms, new expectations, new rules and not multi-agency. “I thought I was prepared, but I was quickly reminded that advocacy looks very different here,” she said. “I was no longer asking for support—I was fighting to prove why my son needed it.”
Understanding the Legal Framework: From an EHCP to an IEP Two Systems, Different Scope
Both the UK and U.S. aim to support children with disabilities through inclusive education. But their approaches differ in structure and execution. It’s important to understand the differences between the two as services are going to differ.
United Kingdom: Inclusion Through Integration
Key Laws: Equality Act 2010; Children and Families Act 2014
Support Models: SEN (Special Education Needs) Support and EHC Plans
Notable Feature: Multi-agency coordination across education, health, and care services
The Children and Families Act 2014 establishes that local authorities must “identify, assess and make provision for children with special educational needs,” emphasizing coordination across services. These local authorities are county councils. In large cities, they are Borough Councils. These local authorities calculate a “Local Offer” for support and provision to 0–25-year-olds and their families.
In contrast, The Individuals with Disabilities Education Act (2004) applies to public education and related services only, and students from the age of 3-22 years of age (the year the students turn 22). IDEA is a federal law with implementing regulations in each state. The educational services are decided at the school district level and although funded, this money is not available to an individual in the form of a ‘Personal Budget.’
Strategic Tip: Bring your child’s EHCP and supporting documentation to the U.S.—it won’t transfer directly, but it will inform evaluations and planning.
United States: Entitlement Through Enforcement
Key Laws: Individuals with Disabilities Education Act (IDEA); Section 504 of the Rehabilitation Act
Support Models: Individualized Education Program (IEP) and 504 Plan
Notable Feature: Services are based on educational deficits and need for related services, not healthcare need
Under IDEA, students are entitled to a “Free Appropriate Public Education” (FAPE) in the “Least Restrictive Environment” (LRE). The law mandates that schools must “provide special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.” Section 504 provides equal access and protection from discrimination. It broadly covers students who qualify under IDEA and those who do not need services but are regarded as having a disability.
Reality Check: Services like sensory integration therapy, once handled by the NHS (National Health Service) in school, must now be shown to due to a need that impacts educational performance—and be justified in the IEP. Emma was surprised to learn that what had been standard in the UK now required extensive documentation and formal justification with a variety of assessments and other data.
Identifying Special Education Needs
UK: Graduated Approach Led by the SENCO – The Special Educational Needs Coordinator
Follows the “Assess, Plan, Do, Review” cycle
SENCO coordinates school-based support
EHCPs require local authority approval and annual reviews
Emma appreciated the SENCO’s role in the UK: “She knew Oliver. She spoke to us weekly and made changes when things weren’t working. There was trust.”
US: Proactive Identification via “Child Find”
Schools must identify and evaluate students who may need support
Requires parental consent to assess
Evaluations cover all suspected areas of disability
“I learned about ‘Child Find’ after I started asking why no one was offering Oliver support,” Emma said. ” I didn’t realize that, here, the school is responsible for asking me to consent to an evaluation for Oliver. Regardless, they said they wanted me to agree to a comprehensive evaluation. It was a bonus that they could take some of Oliver’s more recent assessments and incorporate them into an eligibility determination”
Emma’s Advice: “In the UK, support felt collaborative and included a wide range of clinicians. In the U.S., I had to formally request everything and document each step. The Boston team listened and created a supportive 504 plan while they quickly started to evaluate Oliver for an IEP. For Oliver’s medical needs and community involvement outside school, I had to create a separate plan to go from an EHCP to an IEP and fill in the care gaps.”
Placement: Where Will Your Child Learn?
UK: Inclusion as a Legal Right
Mainstream placement is presumed unless it disrupts others’ education
Special school placement requires parental agreement
The Children and Families Act reinforces this presumption of inclusion, stating: “A child with special educational needs should be educated in a mainstream setting unless that is incompatible with the wishes of the parent.”
US: The “Least Restrictive Environment” Mandate
IEP teams must prioritize general education settings
Placement options range from full inclusion to specialized schools
Emma shared, “When I saw the term ‘self-contained classroom’ in the draft IEP, I panicked. That wasn’t what Oliver needed. I had to bring in letters from his former UK school, his EHCP, and even a pediatrician’s note to push back. Eventually, they placed him in a general education class with support.” It appeared that the IEP team had proposed a placement based on the availability of their staff- which is not an acceptable decision.
Strategic Example: Emma challenged a proposed “self-contained” class by presenting UK documentation that demonstrated Oliver’s success in inclusive settings. It worked. The team agreed that Oliver’s Least Restrictive Environment is ‘Mainstream’ or commonly known as the general education classroom.
What Services Are Delivered?
UK: EHCPs Integrate Education, Health, and Care
Funded support comes via SEN Support or EHCP provisions
NHS services are often delivered within the school setting
Emma noted, “Speech and OT came to school. I never had to chase an appointment it was all handled in one place. It’s interesting that the Speech and Occupational Therapist are actually employed by the district here and based on campus. The school told me that the therapy minutes he receives will be written into his IEP”
US: Services Must Be Educationally Necessary
IEPs include specialized instruction to meet the unique needs of the child and related services (e.g., speech therapy)
504 Plans offer accommodation, not instruction
IDEA mandates that services must provide educational benefit: “Related services must be necessary for the child to benefit from special education.” In Oliver’s case, he needs Speech therapy to benefit from his literacy instruction, develop social communication and the ability to interact with his classmates.
Actionable Insight: If it’s not in the IEP, it isn’t provided. Families may disagree with school decisions and consider dispute options for resolving disagreements. In some cases, parents obtain additional educational support privately and seek reimbursement.
Decision-Making: Who Holds the Authority?
UK: Parents Are Legal Decision-Makers Until Age 16
Young people assume control of their EHCP at 16 if capable
Family consultation is a legal requirement
US: Procedural Safeguards and Transfer of Rights
Parental consent is required for assessments and placement
At age 18 (in most states), educational rights transfer to the student
IDEA guarantees parental rights throughout the process, stating: “Parents have the right to participate in meetings, examine all records, and obtain an independent evaluation of their child.” A parent can also bring whoever they consider to be an expert to the IEP meetings to assist with their advocacy.
Emma’s Take: “In the UK, we felt part of the team. In the U.S., I became the lead advocate. It required persistence, but it paid off.”
When Systems Fall Short
UK: Oversight Through Inspections and Appeals
Parents can challenge EHCP decisions or delays
Oversight is handled by Ofsted, CQC, and SEND tribunals
Advocates are often Barristers, Solicitors, or non-attorney representatives
US: Legal Remedies and Compliance Monitoring
Complaints go through state education agencies or the Office for Civil Rights (OCR) for discrimination-related issues
Due process (administrative) hearings and Mediations allow parents to challenge school decisions on special education services
Advocates provide different levels of special education consultancy
Attorneys are often used for Due process Complaints, but several states allow Advocates to act as a “non-attorney” legal representative.”
Pro Tip: Detailed records are your strongest asset. Track all communications, meetings, and outcomes.
Emma added, “I now have a binder for every school year. I keep every email and record meetings. It’s tedious, but when something’s missing or wrong, I have proof.”
EHCP to IEP: What Can Families Learn From Both Systems?
UK Strength: Coordinated services and presumed inclusion
US Strength: Enforceable rights and clear procedural pathways
Shared Lesson: Informed parents drive effective outcomes
Emma’s Final Reflection: “If I could blend the UK’s wraparound support with the U.S.’s legal clarity, it would be the ideal system. But until then, knowledge is power.”
Take the Next Step
If you’re navigating a cross-border move or adjusting to a new special education system, you don’t have to go it alone. Lumen Advocacy is here to help you translate evaluations, advocate for services, and secure the best outcomes for your child.
Let’s talk about what success looks like for your family.
Resources for Expat Families
UK GOV – SEND Code of Practice
Family Info Buckinghamshire – SEND Support
U.S. Department of Education – IDEA Overview
Parent Center Hub – IEP Resources
WrightsLaw – Special Education Advocacy
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