If your student has a disability, is between the ages of 3 and 21, and has not completed high school, they have a right to an Individualized Education Program (IEP) under federal law. Illinois has incorporated this federal law into its own laws and added some additional requirements.
All students with disabilities may request an IEP from their local school district. Even if a student attends a private or charter school or is homeschooled, they have a right to access services through their local school district.
Students in Illinois come from a variety of backgrounds and areas. Whether your student attends Chicago Public Schools, a high school that is featured in a John Hughes film, or a rural school, your student has a right to an education and the support they need to access that education.
When school districts craft ineffective IEPs or fail to implement IEPs, students with disabilities do not receive the education to which they are entitled. They may fall behind or experience other issues. Your student deserves access to an education, and the team at the Lento Law Firm can help. We help students nationwide, from school districts large and small, access the services and support to which they are entitled under the law.
What is an IEP?
An Individualized Education Program (IEP) is a written document that provides guidance to assist a student with disabilities. A team, which may include parents or guardians, will develop the IEP.
IEPs should be based on the individual student and their unique needs. IEPs should not follow a cookie-cutter format for certain disabilities, as disabilities can present differently in each individual. IEPs should include students' short- and long-term goals and take into consideration a student's strengths as well as what assistance they need.
Federal law requires that all children receive a free appropriate public education (FAPE) and that school districts provide all children who have disabilities and reside within their geographic boundaries with an IEP. Children do not have to be a student with the school district to receive help.
The relevant federal law for IEPs is the Individuals with Disabilities Education Act (IDEA). IDEA is one of several federal laws that protect students with disabilities and provide them with rights. IDEA applies only to public schools, and IEPs are only required for students in K-12.
Private and charter schools may provide IEPs on their own initiative. These IEPs will not have the backing of federal law. Even if a student receives support and services from a non-public school or if a child is homeschooled, families may still contact their local school district for support and services.
Recognized Disability
To qualify for an IEP, students must have a recognized disability under IDEA. Illinois follows the same categories as IDEA for what defines a disability.
Under IDEA, states determine what constitutes a developmental delay. Illinois defines developmental delays as significant. These delays may be physical, intellectual, social, emotional, or adaptive.
If your child does not have a diagnosed disability, you may contact your local school district for an evaluation.
Reasonable Accommodations
One aspect of these laws is that schools must provide students with reasonable accommodations. In crafting an IEP, schools must provide students with accommodations, but these accommodations must be reasonable.
Put another way, school districts do not have to provide students will all possible accommodations but only those that are reasonable. Schools may take into consideration factors such as the cost and the burden an accommodation places on the school and other members of the school community.
LRE
Current practice when constructing an IEP is to place students in the least restrictive environment (LRE) when possible and when in the student's best interests. As with the rest of an IEP, the LRE determination should be based on the individual student and what's best for them.
The goal of LRE is to have a student be part of the general school community as long as it's in the best interests of the child. This may mean, for example, a student has an aide while in general classrooms.
For some students with disabilities, however, placement in a general education classroom would not adequately serve their needs. While all districts have programs for students with disabilities, some have dedicated schools and other alternative learning centers.
District U-46, in Elgin, has the DREAM Academy. This program is an alternative educational option with a small enrollment and a focus on the individual student. Admission is based on referrals from the district's other high schools with a focus on students who have social, emotional, and academic issues.
State-Sponsored Schools
For students with visual or hearing impairments, families may also want to discuss attendance at one of the state-run schools during an IEP meeting. Both the Illinois School for the Visually Impaired and the Illinois School for the Deaf, located in Jacksonville, are available to students throughout Illinois. Referrals come from the student's home school district. These programs are offered at no cost to families and include a residential option.
During an IEP meeting, families should discuss with school staff what the best LRE is for their child. While most students benefit from being part of general classrooms as much as possible, others will do better in dedicated programs or schools. The key component for any LRE determination is what is best for the specific student.
ESY
Extended School Year (ESY) services are those provided beyond school hours or outside of the normal school calendar. Whether a student needs ESY services depends on the student's specific disability and needs and is a case-by-case determination.
ESY services do not need to be the same as those provided during normal school hours or the normal school year. These services may be provided at school, or home, or in the community.
When and how a student needs ESY should be discussed during the IEP meeting. If a student does require ESY services, these services will be provided at no cost to the family.
The North DuPage Special Education Cooperative (NDSEC) is an association of nine public high school districts outside of Chicago. NDSEC offers a range of services for students with disabilities, including ESY summer programs. Other school districts may offer similar programs, and families should inquire about ESY options during the IEP meeting.
How to Qualify for an IEP
Illinois lists six main steps for a student to qualify for an IEP. Throughout the process, families should be prepared to share information about the student's disability. The more information a school has, the better-informed school personnel will be to craft an IEP that focuses on your student and their specific needs. This information should also include your child's strengths, as IEPs should include where your child excels when determining the best services and support to provide.
The Illinois State Board of Education recommends that parents keep records of all communications with the school before, during, and after the IEP process. This includes keeping copies of letters you send to the school, sending important requests via email or mail (rather than by phone), and following phone conversations with emails that state the key points of a conversation.
Request for evaluation
In some cases, students may already have a diagnosed disability, although even students with a documented disability may need to undergo evaluation. Regardless, schools have 14 days to respond to this initial request.
A referral or request for evaluation may come from a parent or guardian. They may also come from educators, doctors, or other members of the community.
Decision to proceed
School staff members will meet with parents or guardians to decide if the evaluation should proceed or is needed. If the parties agree an evaluation is needed, parents or guardians must consent before the student can undergo any evaluation.
Consent to evaluate
As stated above, school districts cannot begin any evaluation until parents or guardians consent. Parents and guardians have no deadline by which they must provide their consent, although delays in granting consent will slow the evaluation process and your student receiving needed services and support.
Evaluation
Once parents or guardians consent, school districts have up to 60 days to complete an evaluation, although the evaluation should be completed with enough time to prepare for an eligibility meeting (see Step 5). Schools may share any written information with parents or guardians, although schools are not required to do so.
The Illinois State Board of Education defines evaluation as “the procedures used to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.”
IDEA bans schools from using only a single test or other measure to evaluate a student. Schools must use a variety of tools and tests to evaluate a student.
An evaluation may include the following considerations:
- Academic performance
- Health
- Vision
- Hearing
- Social and emotional status
- Communication
- Motor skills
- General intelligence
- Functional performance
- Other areas as needed
Evaluations are limited to use by school districts and for a limited purpose. Illinois bans public agencies, including schools, from using these evaluations for anything but their original intended purpose.
Eligibility Conference
Within 60 days of receiving parent or guardian consent, a school must meet with the parents or guardians to discuss if the child is eligible for placement and an IEP.
IEP Meeting
If a student is eligible for an IEP, school personnel, parents, and potentially the child will meet for an IEP meeting. Whether a student attends an IEP meeting depends on multiple factors, including age and the child's disability. For some older students, attending IEP meetings can be a good way to help them transition to adulthood and learn how to be their own advocate.
An IEP should include the following:
- A student's present level of performance
- Their annual goals
- How the school will measure the student's progress
- How the school will share those progress measurements
- What services a school will provide, including the frequency, duration, and location of these services
- When and how the student will follow the general education curriculum
- The student's placement, or what would be the LRE for the student
- The accommodations, modifications, and support, if any, the student will receive during and in school, to and from school, and during school functions.
- Any special training required to ensure a student is receiving FAPE
- If a student will require extended school year (ESY) services
- Once a student is 14 1/4, an IEP should also include transition plans and goals
During an IEP Meeting, parents and school personnel can agree that changes to a student's IEP during the school year can be made without a meeting. When families agree a meeting is not required for revisions, schools must still inform parents or guardians of any proposed changes, and parents or guardians must agree to the revisions.
Placement
Once a student has an IEP, they cannot begin to receive services or placement until parents or guardians consent to the IEP. Consent must be in writing.
Once parents or guardians consent, a student's placement will begin at least 10 days later unless parents or guardians agree to an earlier start date for services.
IEP Revisions
Schools and parents must meet annually to revise a student's IEP. Much as IEPs should be unique to each student, each IEP should reflect that a student changes from year to year. Even if a student remains at the same school and in the same placement, they may require different support or services in each school year.
Families may also request an IEP meeting at any point in the year if they believe the IEP is no longer effective for their student or if they believe the IEP is not being properly implemented. These meetings can be crucial to help prevent students from falling behind in school.
Independent Educational Evaluation (IEE)
If parents or guardians disagree with a school's original evaluation, they can request an outside evaluation at the school's expense. These requests must be made in writing. Known as IEEs, schools can either agree with the request or deny the request for additional evaluations.
If a school district rejects a request, they must initiate a due process hearing within five days of receiving the parent's request. If the due process hearing officer agrees with the school, parents or guardians may still pursue additional evaluations, but it will not be at the school district's expense.
Reevaluations
IDEA states that students should be reevaluated every three years. The exception is if the school district and parents agree that reevaluation is not necessary.
If a parent or guardian believes reevaluation is necessary, their opinion will supersede the district's view on the matter. A parent or guardian's choice to reevaluate a student will control.
IEP-Q Tutorial
The University of Illinois created the IEP-Q Tutorial to assist in the creation of IEPs. The program includes training for educators and resources on how to create quality, effective IEPs for students. These resources are intended for educators rather than parents or guardians, but parents and guardians may wish to inquire as to whether the school's IEP team uses these training resources or what other methods or resources they rely upon to craft effective IEPs for students.
Transitions
Illinois offers multiple programs to help students with disabilities with transitions. These transitions can include beginning school, transferring to a new school, or preparing for college or a career. IEPs should include transition plans to help minimize the disruption a school transition can have on a child's education. While these transitions can be stressful for any student, they can be especially stressful for students depending on their disabilities and how a school change can affect their routine and support system.
School-Specific Programs
School districts may offer additional programs beyond what is required by law to assist students with transitions. Glenbrook School District has an array of support services to assist students with the transition to post-high school life. This includes a focus on student-centered advocacy and district personnel collaborating with both students and families to prepare students for post-K12 life.
Some of the services Glenbrook offers:
- Work externships
- College preparation
- Independent living
The district also has a dedicated transition coordinator on staff to help students and families prepare for a student's adult life.
While school districts may not have services identical to Glenbrook's, families should inquire early about what services schools do offer to assist students in transitions. Ideally, these conversations should occur well ahead of any shift in a child's education to give time for preparation.
While IDEA requires transition planning for post-high school to begin at age 16, Illinois sets the age requirement to 14 1/2. Parents and guardians should ensure schools begin transition planning by this age.
Contesting an IEP
When you disagree with your student's IEP or believe a school is not properly implementing an IEP, you do have remedies. Illinois offers several options for parents and guardians to address these issues.
Keep in mind throughout these processes that if you either do not provide written consent or if you revoke your consent, the school district has no obligation to provide services or support to your student. Unless you believe an IEP would be detrimental to your child's education, you should consider consenting to an IEP to provide your student with at least some services and support while you contest it.
When you wish to have an IEP revised or reconsidered, the first is to request another IEP meeting. Illinois recommends early resolution as a way for families and school personnel to sit down and communicate their concerns. Ahead of these meetings, parents or guardians should have documents, reports, or other evidence that support their concerns.
Early resolution requires active listening on behalf of both sides. Parents or guardians should try to understand why a school district made a certain decision. In some cases, understanding the reasoning behind a district's decision may allow you to understand their perspective and suggest a compromise.
In other cases, school districts will either fail to listen to family's concerns, fail to properly implement an IEP, or are in violation of either federal or state law. In these cases, families may need to turn to one of the Board of Education's dispute resolution services.
State-Sponsored IEP Facilitation
Either a family or a school district may request this option when there is a disagreement over an IEP. The Illinois State Board of Education will provide a facilitator at no cost to either party. The purpose of this facilitation is to encourage effective communication to craft a workable and mutually acceptable IEP.
Facilitation does not have a specific timetable, and districts are not required to participate. Whether families wish to involve legal counsel is their choice, as attorneys are neither required nor banned from the process.
State-Sponsored Mediation
This option applies to any disagreement over services available to students with disabilities. Similar to facilitation, either party may request mediation, districts are not required to participate, attorneys are at the choice of the party, and the State Board of Education will provide a mediator at no cost to either party.
The state does not impose a specific time frame for mediation, only that it must occur in a “timely manner.” If the parties reach an agreement in mediation, that agreement will be legally binding and enforceable in court.
Written State Complaint
Families should pursue this option when they believe there has been a violation of the law. Complaints can be filed either on behalf of a single child or for a group of children. Any individual can file a complaint, and an investigator will review the complaint.
The investigation must be completed in 60 days and end with a report listing the investigator's findings and suggested actions. Districts must participate in the investigation. This option does have a statute of limitations of one year and does not have a right of appeal.
Due Process Hearing
Due process hearings occur when there is a disagreement over a student's identification, placement, evaluation, or any provision related to FAPE. A hearing must occur within 75 days of someone filing a due process request.
Parents or guardians may request a due process hearing with their school district's superintendent within a two-year statute of limitations. Legal representation is not required, although attorneys usually represent both parties.
An impartial officer will preside over the hearing, and school districts must participate. The impartial hearing officer will issue a decision that orders remedial action.
Appeal
If parents or guardians disagree with a due process decision, they must file an appeal within 120 calendar days of the decision. They may file with either the United States District Court or an Illinois Circuit Court.
MTSS
Schools in Illinois may utilize the Multi-Tiered System of Supports (MTSS). This three-tiered system is an evidence-based framework designed to support all students with their academic, behavioral, and social-emotional needs. While designed for the entire school community, research indicates MTSS is beneficial for students with disabilities.
MTSS views education as involving the whole child. Research indicates a decrease in behavioral and other issues when schools implement this framework.
Northern Illinois University operates the Illinois MTSS Network, which has training and other resources for teachers and schools. The Chicago Public Schools are one of many school districts in Illinois that use MTSS.
MTSS does not replace an IEP but is instead part of a school's larger community and environment. During IEP Meetings, families of students with disabilities should inquire about whether their student's school uses MTSS and how that could influence and support their student and their student's IEP.
General Support
In addition to services for students with disabilities, families should also consider programs available to all students. New Trier High School's Academic Support program includes the Academic Assistance Center and the Reading and Writing Center. For some students, these drop-in options can provide assistance beyond their IEP. They also do not require an IEP to use.
School districts may also offer resources to families to help them track their student's progress. Chicago Public Schools have supplemental learning resources for students with disabilities, and some can help track a student's progress against their IEP goals. For parents and guardians, these resources may be useful as evidence if they believe their student's IEP needs revision or is not being properly implemented.
None of these resources reduce a school's obligation to provide a student with an IEP and implement that IEP. Rather, these resources can supplement an IEP and provide another way of supporting students. They have the added advantage of being able to be used in the short term or without a meeting, which can be useful while revising a student's IEP or for addressing minor issues.
Protect Your Student's Right to an Education
All children are entitled to a free appropriate public education in the United States. For students with disabilities, this includes the services and support they require to access that education.
If your child's school is not providing them with a workable IEP or if they are failing to implement the IEP, you do have options to address the issue. The Lento Law Firm works with families nationwide to resolve IEP issues with a focus on what's best for the individual student. Contact us online or at (888) 535-3686.
