Individualized Education Plans in Iowa

All children in the U.S. are guaranteed an education under federal law, even for those who may require extra assistance to attend school, participate in class, and graduate with a diploma. One of the major provisions afforded to students with disabilities is the Individualized Education Plan (IEP). These plans are a collaboration of various school authorities and parents to create a diverse and individualized approach to a student's education goals. Federal law directs K-12 schools to oversee students with IEP until they graduate from secondary school or age out at 21.

The State of Iowa has a significant and diverse population dispersed throughout urban, suburban, and rural areas, covering an array of socioeconomic statuses and levels of education. Parents of students with disabilities rely on their local school districts and administration officials to appropriately implement their children's IEPs, including augmenting programs to best suit their needs. But just because an IEP is in place doesn't mean it's faultless and will always protect academic or behavioral needs. Therefore, parents and family members of students with disabilities should know the rules regulating IEPs in Iowa and how they may affect their children.

The Lento Law Firm's Education Law Team stands prepared to help your child gain the legally required accommodations they need to gain an education. For added assurance in safeguarding your child's rights, call 888-535-3686 or reach the Lento Law Firm online.

What is an IEP?

Under federal law, every student must receive a Free Appropriate Public Education (FAPE). As mentioned before, IEPs are essential for students with disabilities, and the law offering education accommodations is the Individuals with Disabilities Education Act (IDEA).

Although IDEA directs each state to provide and manage IEPs, states often have varying types of them, typically to coincide with a student's age or education level. In Iowa, students with disabilities have access to the following:

• Individualized Family Service Plan (IFSP): An IFSP is developed to outline the state's Early ACCESS services provided in six-month increments for early childhood intervention and family planning.
• Initial IEPs: The earliest age an IEP may be implemented in Iowa is three months before a child's third birthday. However, in rare cases, the IFSP team may advocate beginning at an earlier age.
• Interim IEPs: School officials and parents may determine an IEP is necessary to temporarily provide special education and related services to an eligible student for no more than 30 school days.
• Trial Placements: In certain circumstances, an IEP team may want to extend an interim IEP but not make a plan official. Students may have an IEP in place for 45 school days as a trial period to determine whether to decrease or increase special education services.
• Individual Career and Academic Plan (ICAP): When students with disabilities reach the eighth grade, the school district may provide a complementary plan to an IEP that sets goals for after graduation. An ICAP will give students guidance on federal school loans, analyze potential postsecondary career paths, and serve as a transition into adult life.

With their unique qualities for each student, no IEP is exactly the same. However, there are some commonalities given their federal government oversight. Components of an IEP typically include:

• Student history assessment: The IEP team or school district will conduct a comprehensive assessment of the student's past and current academic and behavioral performance, including strengths, weaknesses, and areas of potential improvement.
• Performance goals: Once a baseline is set, an IEP will include measurable targets that the student can reasonably accomplish within a given timeframe—typically one semester to one year.
• Accommodations and modifications: Under IDEA, students with disabilities will make reasonable adjustments to the curriculum to help achieve pre-set goals.
• Student body inclusion: Federal dictates students must learn in the least restrictive environment (LRE); therefore, students with disabilities will have opportunities to join in universal, school-wide classes and activities to foster integration with non-disabled peers.
• Special education services: If general classroom accommodations or curriculum modifications aren't enough to help a student achieve the goals laid out in the IEP, enhanced directives such as alternative classes, therapies, physical support systems, and others are available.

Students with qualifying disabilities will have an IEP created once they enter a local district, which is subject to revision at least one time per year.

Iowa IEP Process

Once a referral is received for a student moving into a different school district, graduating into another grade, or for parental request, the school district's IEP team will initiate their evaluation as soon as parents give consent. Prior to meeting with school officials, parents may want to have available information and documentation of the student's current and past curricula and expected standards, classroom management strategies, recent assessment results, memos from family doctors, and any other progress monitoring data.

IEP meetings don't all include the same tests or metrics. Assessments will be based on what the student needs to succeed. Regardless, once the meeting is complete, the IEP will meet and discuss potential services and supports, as well as establish progress standards. The IEP team will then inform parents of their decision to deny the student services or begin implementing an IEP. Services are required to start within 30 calendar days from the date of parental consent.

Iowa's Out-of-District IEP Placements

Typically, students with disabilities attend local or district schools alongside their non-disabled peers. However, even with IDEA's mandate for LRE, there are instances where a student's IEP Team may determine that a more specialized environment is necessary due to the specific nature of the student's disability.

In rare cases, parents or the IEP team may consider out-of-state placement options to appropriately meet the student's needs. When appropriate services are not available within Iowa, or when services in an adjoining state are closer than those available in Iowa, school district officials may certify the student to attend. Prior to placement, the Iowa Department of Education (IDE) must determine that the out-of-state special education services meet the state's regulatory standards.

Out-of-state placements can range in their approach to IEP implementation or special education programs. They may provide traditional classroom-based instruction, specialized classes, hospital settings, and more.

However, placements outside the district in private institutions can significantly limit students' interactions with their peers. While it's the responsibility of the IEP team—which includes parents—to ensure that any such placement is both appropriate and the least restrictive option available to meet the student's needs. Securing FAPE for each student can present challenges to educational authorities, especially when students are placed in private, out-of-district settings. These placements often result in higher transportation costs, which can be burdensome for families.

IDEA Reauthorization

Congress passed IDEA in 1975, paving the way for the creation and implementation of IEPs and other vital special education services. As time has progressed, however, the federal law fell stagnant. IDEA was revisited and reauthorized every seven years but hasn't had a meaningful update since 2004. This presents a few unfortunate obstacles for students with disabilities.

Currently, federal law does require school districts to provide all support at no additional charge to families, as limited funding remains a significant hurdle. Moreover, schools are only required to provide reasonable accommodations for qualifying disabilities. Therefore, only certain conditions are defined as disabilities that must fit into one of the following 13 categories:

• Specific Learning Disability
• Autism Spectrum Disorder
• Emotional disturbance
• Speech or language impairment
• Visual impairment
• Deafness
• Hearing impairment
• Deaf-blindness
• Orthopedic impairment
• Traumatic brain injury
• Other health impairments
• Multiple disabilities

While students with the above-listed disabilities will gain accommodations, it's not all accommodations—only reasonable ones. Because of this, students can be victims of the vagueness of federal regulations or a school's lack of resources, depending on its location.

Below are four areas where IDEA must be enhanced to ensure students with disabilities aren't left behind in the classroom.

1. Revisions to various definitions: Renewing the legislation offers a chance to revise and enhance its provisions, drawing upon insights gathered from academic studies, legal decisions, and real-world applications since its previous renewal. Such modifications could touch upon various facets of the law, including redefining categories of disabilities, qualifying conditions, financial allocations, procedures, and accommodations.
2. Addressing education modernization: Due to the growing integration of technology in schools and the widening scope of federal and state-recognized disabilities, modifications are necessary to guarantee that students with disabilities have the growing educational opportunities as other students.
3. Ensuring relevance: The renewal of IDEA serves to maintain the statute's applicability and efficacy for students with disabilities. Both students and their families depend on this federal legislation to support the well-being and societal inclusion of their children. For instance, programs like IFSPs are carried out through IDEA Part C.
4. Fulfilling funding needs: Financial support is a significant component of IDEA. However, school districts sometimes find it difficult to allocate the necessary resources to students with IEPs or those who require reasonable accommodations. Overhauling IDEA offers a chance to reevaluate the funding mechanisms for special education and implement adjustments.

In Iowa and other states throughout the county, the need for special education services has risen at a time when state and federal funding—adjusted for inflation—has fallen. Consequently, local school districts bear an increased financial burden to guarantee FAPE and the accommodations required. A lack of funding can exacerbate inequalities in the services accessible to students.

Lack of Funding Does Not End a Student's Right to Education

Although budgetary factors may have an impact on what is deemed as reasonable accommodations and services within an IEP, parents should not permit a school district to decline a specific request or service based solely on financial constraints. When creating or revising an IEP, parents must understand that the school is not merely considering the average costs allocated for students with disabilities.

Instead, the focus should be on the particular financial requirements of each individual student. While considerations may influence the range of services and accommodations that can be provided, parents should not settle for inferior options solely due to underfunding. Unfortunately, the current educational landscape obliges families with a child who has a disability to be acutely aware of how these financial considerations might affect an IEP.

Iowa Special Education Dispute Resolutions

At any point during the IEP assessment process, annual revisitation, or whenever a parent doesn't agree with how the school or special education staff are handling their child's educational decision and pathway, dispute resolution is possible. Iowa has a few different ways to prevent and address issues like those listed below:

• AEA mediation process: Local school districts—sometimes referred to as an Area Education Agency (AEA)—can impartially resolve disputes over IEPs or special education services. An AEA Mediator can meet with parents and the IEP team to clarify issues, focus on the needs of the student, and explore possible solutions in a confidential setting.
• Mediation: While mediation is a voluntary process, it can sometimes be used as a mechanism of negotiation while seeking a due process hearing. The IDE assigns a third-party mediator that will help both parties come to a mutual decision. Once the dispute is resolved, it is a legally binding decision, and the IDE assigns a “shepherd” to address any issues that may result during the implementation of the agreement.
• Due process hearings: If less formal means fail to resolve disputes or there is a disagreement over the student's special education identification, evaluation, placement, or services, a due process hearing will commence. The IDE assigns an administrative law judge (ALJ) who will hear legal arguments from the parties or their representatives. This ALJ's decision is final unless the aggrieved party seeks civil action through an appeal.

When parents seek a due process hearing, schools must assemble pertinent IEP team members and special education staff who understand the issues presented in the formal request. Upon reaching a mutual resolution during this settlement meeting, it's formalized through a legally enforceable contract. Typically, a due process hearing must reveal a solution within 30 days. The timeline can be extended under certain circumstances, however, to 45 days.

Nevertheless, there is one more type of dispute resolution for Iowa students. A formal written complaint can be used to assert that a school official or the district violated a requirement of the state's special education regulations. State authorities will “carry out an independent investigation and issue a finding within 60 calendar days of receiving the complaint. If the district is determined to be in violation of the law, it will be required to develop and implement a corrective action plan that must be completed within one year.”

Areas the Lento Law Firm Serves in Iowa

The Lento Law Firm's Education Law Team has assisted students with disabilities and their parents throughout Iowa, like those in the following metropolitan areas:

• Des Moines
• Cedar Rapids
• Davenport
• Sioux City
• Iowa City
• Ankeny
• West Des Moines
• Waterloo
• Ames
• Council Bluffs
• Dubuque
• Urbandale
• Marion
• Cedar Falls
• Bettendorf

As mentioned before, Iowa has a diverse geography and population, with education divided into nine regions. The Lento Law Firm's Education Law Team can provide invaluable aid in the following AEA districts:

Central Rivers AEA: Cedar Falls Community School District (CSD), Dunkerton CSD, Hudson CSD, Union CSD, Waterloo CSD, Janesville Consolidated Community School District (CCSD), Wapsie Valley CSD, East Buchanan CSD, Aplington–Parkersburg CSD, Clear Lake CSD, Rudd-Rockford-Marble Rock CSD, Grundy Center CSD, West Hancock CSD, Alden CSD, Marshalltown CSD, St. Ansgar CSD, Montezuma CSD, North Tama County CSD, Forest City CSD, North Iowa CSD, Belmond–Klemme CSD.

Grant Wood AEA: Belle Plaine CSD, Tipton CSD, English Valleys CSD, Iowa City CSD, Midland CSD, Marion Independent School District (ISD), Mid-Prairie CSD.

Great Prairie AEA: Moravia CSD, Davis County CSD, West Burlington ISD, New London CSD, Pekin CSD, Tri-County CSD, Fort Madison CSD, Wapello CSD, Chariton CSD, Oskaloosa CSD, Albia CSD, Van Buren County CSD, Eddyville–Blakesburg–Fremont CSD, Wayne CSD.

Green Hills AEA: Nodaway Valley CSD, Corning CSD, IKM–Manning CSD, Atlantic CSD, Clarke CSD, Murray CSD, Central Decatur CSD, Fremont–Mills CSD, Boyer Valley CSD, Glenwood CSD, Red Oak CSD, Shenandoah CSD, Council Bluffs CSD, Mount Ayr CSD, Harlan CSD, Lenox CSD, Creston CSD, Mormon Trail CSD.

Heartland AEA: Audubon CSD, Madrid CSD, Coon Rapids–Bayard CSD, Adel–De Soto–Minburn CSD, Guthrie Center CSD, Newton CSD, Interstate 35 CSD, Twin Cedars CSD, Des Moines ISD, Harlan CSD, Nevada CSD, Indianola CSD.

Keystone AEA: Allamakee CSD, New Hampton CSD, Edgewood–Colesburg CSD, Maquoketa Valley CSD, Dubuque CSD, North Fayette Valley CSD, Riceville CSD, South Winneshiek CSD

Mississippi Bend AEA: Durant CSD, Calamus–Wheatland CSD, Bellevue CSD, Louisa–Muscatine CSD, West Liberty CSD, Bettendorf CSD.

Northwest AEA: Cherokee CSD, Charter Oak–Ute CSD, Galva–Holstein CSD, Central Lyon CSD, West Monona CSD, South O'Brien CSD, Sibley-Ocheyedan CSD, Hinton CSD, Le Mars CSD, Rock Valley CSD, River Valley CSD.

Prairie Lakes AEA: Storm Lake CSD, South Central Calhoun CSD, Clay Central–Everly CSD, Harris–Lake Park CSD, North Union CSD, Greene County CSD, Webster City CSD, Humboldt CSD, Algona CSD, West Bend–Mallard CSD, Pocahontas Area CSD, East Sac County CSD, Southeast Webster-Grand CSD, Eagle Grove CSD.

Protect Your Student's Right to an Education in Iowa

Through federal law, Iowa provides a host of resources for students with disabilities and their parents. Even though disagreements may occur and issues may arise with schools or AEAs, it's unwise to handle the situation alone. Administrators may attempt to convince that their institution or district is doing the best for your child, but oftentimes, inconsistencies in the system may be shielded by layers of legal jargon that parents can't comprehend. The stakes are high for your child, and you need a team of advocates with the knowledge of how the IDE and its administrative processes work. State agencies may offer plenty of routes of dispute resolution and options for students, but the realities of underfunding and a lack of modernization are real.

Local lawyers may claim they have a personal relationship with school district officials or try to explain that authorities require “their special way of handling things.” Believing local attorneys are your best or only option for assistance is a common misconception that leaves parents at a disadvantage in helping their children. The administrative proceedings found with dispute resolutions or other means of redress do not work like a court of law. The Lento Law Firm Education Law Team has a passionate team of attorneys on hand who will assist you and your student throughout the special education process.

Education is a right, and schools cannot discriminate against students on the basis of their disability, but they may not always meet legal responsibilities to create and execute a student's IEP and other necessary support systems. With a nationwide reach, the Lento Law Firm can help Iowa students in urban, suburban, and rural communities. We work with families to help protect their student's right to an education. Call 888-535-3686 or reach the Education Law Team online now.