Individualized Education Plans (IEPs) under IDEA

What Is an IEP?

An Individualized Education Plan (IEP) is a legal document developed for students who qualify for special education services under the Individuals with Disabilities Education Act (IDEA).

An IEP outlines the specific learning goals, supports, and services a student needs to succeed in school. It is customized to your student’s unique educational needs.

For assistance advocating for your child through the IEP process, please reach out to Disability Advocacy Solutions.


Who Qualifies for an IEP?

To be eligible for an IEP:

  1. Your student must have a disability that fits into one of 13 categories under IDEA.
    • Autism Spectrum Disorder
    • Deaf-Blindness
    • Deafness
    • Emotional Disturbance
    • Hearing Impairment
    • Intellectual Disability
    • Multiple Disabilities
    • Orthopedic Impairment
    • Other Health Impairment
    • Specific Learning Disability
    • Speech or Language Impairment
    • Traumatic Brain Injury
    • Visual Impairment, including Blindness
  2. That disability must negatively impact your student’s ability to learn, participate socially,  manage behavior, or attend school.
  3. Your student must need specialized instruction in order to make meaningful progress.

Specialized instruction does not mean your student must be taught in a separate classroom. In many cases, students with IEPs learn in general education settings with added support. Sometimes students with IEPs learn at home due to significant medical complexities that do not permit them to attend school in person full time. 

Can your student qualify for an IEP if they are not behind in school?

YES! A student can qualify for an IEP even if they only need a related service as long as that consists of specially designed instruction that is considered special education rather than a related service under State standards. 

Schools sometimes rely on a student’s success in school when deciding if they qualify for an IEP. Instead, parents/guardians should request and schools should still evaluate students who have a disability that substantially limits a major life activity and determine if they have needs that are not being met.

From OCR: “Students who achieve satisfactory, or even demonstrate above-average, academic performance may still have a disability that substantially limits a major life activity and be eligible for special education or related aids and services because the school district is not meeting their needs as adequately as the needs of nondisabled students are met.”

For assistance advocating for your child, please reach out to Disability Advocacy Solutions.

Can the school delay an assessment for an IEP?

NO! Intervention strategies, such as Response to Intervention (RTI), multi-tiered system of supports (MTSS), positive behavioral interventions, and other supports, must not delay or deny the evaluation for an IEP or 504 Plan. Interventions can be started during the evaluation process but can’t delay the process. Federal guidance from OCR schools run afoul of their obligation when they “categorically require that data from an intervention strategy must be collected and incorporated as a necessary element of an evaluation” prior to starting the process to evaluate the student. 

For assistance advocating for your child in this situation, please reach out to Disability Advocacy Solutions.

What if the school wants me to pay for a medical assessment of my student?

If the school believes a medical assessment is needed, the school must make it clear that the parents/guardians can choose to accept a school-furnished assessment or have a private assessment paid for by the parents/guardians. Bottom line, the school must make it clear that a school-furnished assessment is an option.

For assistance advocating for your child in this situation, please reach out to Disability Advocacy Solutions.

Can the school refuse an IEP because they have a standard plan for students with the same diagnosis?

NO! Schools can’t just group together aids and services to provide blanket plans that are not individualized. 

For assistance advocating for your child in this situation, please reach out to Disability Advocacy Solutions.

What if the school says the aids and services cost too much?

A school can’t limit a student’s aids and services or placement recommendations to the free or lowest cost option if there are more effective options that the student needs. However, if those options are equally effective, then they can limit the choices. 

For assistance advocating for your child in this situation, please reach out to Disability Advocacy Solutions.


Developing an IEP: What to Expect

Once your student is found eligible, the school will invite you to an IEP Team Meeting to develop the plan. Here’s what happens:

  1. Present Levels of Performance
    The team reviews your student’s strengths, needs, and how their disability affects learning. Your concerns as a parent are included. Be sure to complete surveys and provide your input.
  2. Goals and Objectives
    These are specific, measurable targets that help your student make progress in school. Goals may be academic, social, emotional, or behavioral.
  3. Supports and Services
    These may include:
    • Instructional support (e.g., small group instruction)
    • Speech, occupational, or physical therapy
    • Accommodations (like extended test time, dietary, sensory, mobility needs, word banks on tests, reduced multiple choice options, non-reading test, plain language text, etc.)
  4. Placement
    This is where your student will receive services. Schools must offer options starting with the Least Restrictive Environment (LRE)—meaning your student should be included in general education as much as possible.

For assistance advocating for your child, please reach out to Disability Advocacy Solutions.


Least Restrictive Environment (LRE)

Federal law requires schools to educate students with disabilities alongside their nondisabled peers, whenever possible.

This applies to both:

  • Academic settings (classrooms, lunch, electives)
  • Non-academic activities (recess, field trips, clubs, sports)

How Often Are IEPs Reviewed?

  • Every year: A full IEP review takes place to update goals and services.
  • Every 3 years: A re-evaluation determines if your student is still eligible.
  • Anytime: You can request a meeting at any time if your student is not making progress or their needs change.

IEP Progress reports should come home at least every 9 weeks. If your student isn’t meeting their goals, the IEP team should meet to adjust the plan right away.


Getting Started

If you think your student may need an IEP, you should request an educational evaluation in writing.For assistance advocating for your child, please reach out to Disability Advocacy Solutions.