Individualized Education Programs, or Individual Education Plans, are one of the foundations of disability rights in education. Usually referred to by the acronym IEP, these forms create a roadmap of the services, support, and accommodations a student receives during their K-12 years.
The United States guarantees all students the right to a free appropriate public education. This includes providing, at no cost, the services, support, and accommodations students with disabilities require to access that education.
Understanding the rights a student with disabilities has under federal and state law, including IEPs, is key to helping them succeed in school. This includes IEPs that are tailored to the specific child that include their goals and strengths.
If and when a student does not receive the services they are entitled to by law, Missouri offers several options to resolve the issue. The Lento Education Law Team works with families nationwide to help them find a resolution that protects their child's right to an education.
What is an IEP?
At its most basic, an IEP could be described as an instructional manual for school staff on a student's support, services, and accommodations. IEPs should focus on the whole child, including their strengths and goals, and not just on a student's disability. That two students have the same disability does not mean they should have identical IEPs.
IEPs are mandatory under federal law. They apply to all students between the ages of 3 and 21 who are in K-12 public schools. Federal law also includes early intervention for babies and toddlers. In Missouri, the Office of Childhood handles the state's early intervention program.
Once a student enters college, IEPs no longer apply. The federal law that governs IEPs also does not apply to students who are homeschooled or attend private or charter schools.
Non-public K-12 schools may have programs similar to an IEP, but they are not required under federal law. Schools may be in violation of other federal laws that protect disability rights, but IEPs under both federal and Missouri law only apply to K-12 public schools.
Revision
After the initial IEP Meeting, parents or guardians must meet at least annually with school staff to revise their student's IEP. Families may schedule more frequent meetings if they have concerns about an IEP, ranging from the IEP itself to implementation.
IEPs should reflect that children grow and change. The most effective accommodations at the start of one school year may no longer be effective the following school year. When possible, parents or guardians should talk with their students about any changes they would like to make to their IEP.
Best practices, services, and support methods may also change each year. As part of the annual revision meeting, parents or guardians should ask about any new programs or services the district has. Alternatively, for families who stay current on their child's disability and how to best accommodate and support them, parents or guardians may wish to inquire about the possibility of adding or modifying services and support.
Academic, behavioral, or disciplinary issues may be signs that a student's IEP needs revision or that the IEP is not being fully or properly used by school staff. Making adjustments to an IEP may also require patience because the underlying problem may not always be clear.
Federal Law
The Individuals with Disabilities Education Act (IDEA) is the central law for disability rights for K-12 students and early intervention. IDEA is also the law that establishes IEP.
IDEA also mandates that school districts support all children within its boundaries. This includes children who are too young to attend school or attend private or charter schools, or are homeschooled. Districts must provide these services free of charge to all children within the district, regardless of whether they attend their local public school.
Two other federal laws protect and establish rights for students with disabilities. Unlike IDEA, these laws go beyond K-12 public schools and can include any school that receives federal funds or any organization or business open to the public.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is perhaps the most famous law regarding disability rights and applies to all Americans in a wide array of locations. The ADA banned disability-based discrimination and reduced barriers to full participation in American society and culture for those with disabilities.
Schools generally fall under the ADA. This means they must be accessible to those with physical limitations and cannot use disability as a basis for not hiring a qualified applicant.
Section 504
Section 504 of the Rehabilitation Act of 1973 was the first major federal law to protect the rights of individuals with disabilities. Section 504 deals with education, including requiring that providing accommodations and support extend to all school activities and not just the classroom. This law is also the basis for 504 Plans that, while less common than IEP, can be another valuable resource for students with disabilities.
Schools must provide students with appropriate educational services under Section 504. The Missouri Department of Elementary and Secondary Education has a page on Section 504 and 504 Plans, including resources for families.
Terms and Acronyms
For families of students with disabilities, one of the difficult aspects of navigating the process can be the amount of acronyms and specialized terms. While some of the acronyms and terms may be disability-specific, others appear frequently and for all students. Knowing these terms and concepts can make it easier for families to navigate IEP Meetings and conversations with school staff.
One thing to keep in mind is that many of these concepts cover a series of factors and considerations. One student's right to access an education doesn't trump another student's right to that same education. The goal is not to give a student with disabilities the exact same education as another student but a similar education with effective support.
Free Appropriate Public Education
Under federal law, all children in the United States have the right to a free appropriate public education (FAPE) for K-12. For students with disabilities, FAPE includes the services, support, and accommodations they require to benefit from and access that education.
Least Restrictive Environment
Least Restrictive Environment (LRE) is a key part of current disability rights practices in education. The goal of LRE is to balance the advantages of having a student be part of general classrooms and the school community as much as possible against what options or settings will best support them.
The majority of students with disabilities will be in general education classrooms for the majority of their education. Other students may thrive in a specialized program or school, such as the Missouri School for the Blind for a student with vision impairment.
LRE should be part of the discussion during an IEP meeting. These conversations will not only discuss what is best for the specific student but also how a placement may affect other members of the school community. If a student's placement in a general education classroom would be detrimental to other students and their access to FAPE, for example, a school is more likely to recommend placement in alternate accommodations.
Reasonable Accommodations
Schools do not need to provide only the best or most expensive accommodations to satisfy federal law. Federal law requires that schools provide reasonable accommodations.
A variety of factors can determine what is reasonable. An accommodation or service does not have to be the most effective option, especially if it places an undue burden on other members of the school community. A school district does not have to provide an accommodation that would be cost-prohibitive or give a student an advantage over other students.
Some factors to consider when determining whether an accommodation is reasonable:
- How effective is an accommodation, and how does its effectiveness compare to other options?
- Does a potential accommodation place an undue burden on the school? An undue burden may be financial or require significant work or effort by another member of the school community.
- Would an accommodation fundamentally alter a program or course? If yes, the accommodation is unlikely to be approved.
Qualifying for a Disability
Students must have a disability under IDEA to qualify for an IEP. Missouri considers the following to be qualifying disabilities:
- Autism
- Deaf/Blind
- Emotional Disturbance
- Hearing Impairment and Deafness
- Intellectual Disabilities
- Multiple Disability
- Orthopedic Impairment
- Other Health Impairment
- Specific Learning Disability
- Language Impairment
- Sound System Disorder (Articulation and Phonology)
- Speech – Fluency
- Speech – Voice
- Traumatic Brain Injury
- Visual Impairment/Blindness
- Young Child with a Developmental Delay
The first step of the evaluation process is usually through a referral. Referrals can come from parents, an agency, or other qualified individuals, such as medical professionals.
Evaluation Timeline
Missouri provides parents with a flowchart explaining the referral, evaluation, and determination process. School districts must follow the time requirements during this period.
Within thirty calendar days of the referral, a school district will either inform parents or guardians of a lack of evidence of a child's potential disability or begin an evaluation. The evaluation process may be straightforward, especially if families already have records or other evidence of the student's disability. In some cases, additional evaluations may be needed.
For students who have a qualifying disability, school districts must schedule an IEP Meeting within 30 days of that determination. If a school does not believe a student has a qualifying disability, they must provide families with a Notice of Action for Ineligibility and an Evaluation Report. Parents and guardians may contest this determination.
Parents may contest an ineligibility determination. The dispute resolution procedures are described below, but the first step should usually be scheduling a meeting with the school. In some cases, parents or guardians may choose to pay for independent testing.
Schools have no obligation to provide students with an IEP or services, support, or accommodations if that student does not have a disability. Students with undiagnosed disabilities or without an IEP or other support are more likely to have behavioral issues or fall behind in schoolwork.
Delays in receiving support or services can exacerbate these issues. If a school district refuses to acknowledge a student's disabilities, families should respond quickly. The Lento Education Law Team works with families at any point they encounter disagreements with school districts, beginning from the initial evaluation.
IEP Forms
The Missouri Department of Elementary and Secondary Education includes examples of IEP Forms on its website. This includes optional forms ranging from extended school year to goal setting, including objectives and progress reports.
Parents and guardians should take advantage of these forms during the IEP process. One acronym frequently used when determining IEP goals is SMART:
- Specific
- Measurable
- Attainable
- Research-based
- Teachable
A document created by the Missouri Department of Elementary and Secondary Education, Missouri State University, and the state's public schools use the term SMARTER, which adds Evaluated and Relevant. Although the document's target audience is teachers, parents and guardians can benefit from knowing this thought process and how to analyze their child's IEP goals.
When possible, parents should also review this information before any meeting with school staff. Parents or guardians should, when appropriate, discuss goals with their students. A student's input into the IEP, including their goals, can help them learn how to advocate for themselves.
Types of Programs
In addition to services and accommodations offered in all public schools, students in Missouri have several additional options depending on where they live and their disability. The state operates two publicly-funded schools, and school districts also offer specialized programs.
Even if not located in one of these areas, knowing of these programs can be useful for parents and guardians during IEP Meetings. Families may ask a school about similar services, using these programs as an example.
School District Support
School districts may offer programs or opportunities above and beyond those required by law. Families should remember that any programs that are not required by law do not have to meet the same standards or laws as those that are mandated.
The School District of Clayton, for example, has the PAC.ED program, short for Parent Advisory Council of Children with Educational Diversity. This volunteer-run program offers resources for parents and families and an opportunity to network. PAC.ED's other goals include improved community and increased inclusivity and understanding of disability and disability rights.
Several high schools in the Northland area of Kansas City host an annual Job Olympics for students with developmental disabilities. The purpose of this program is to ease the transition to post-school life by connecting students with potential employers and giving students an opportunity to demonstrate their skills. Participating schools have included Liberty High School, Kearney High School, Richmond High School, Park Hill High School, and Park Hill South High School.
Co-Ops
St. Louis County and Franklin also have special schools that are a cooperative of several school districts.
The Franklin County Special Education Cooperative is a school for students with disabilities. As of 2023, 14 school districts are members of the cooperative. They are:
- Lonedell School District
- New Haven School District
- Franklin County R-II School District
- St. Clair School District
- Spring Bluff School District
- Strain-Japan School District
- Sullivan School District
- Union School District
- Owensville School District
- Bourbon School District
- Steelville School District
- Richwoods School District
- Cuba School District
- Hermann School District
Students must be enrolled in one of these districts to qualify for admission to the Franklin County Special Education Cooperative program. Placement decisions will be made during an IEP meeting.
The Special School District of St. Louis County is the largest special education provider in Missouri. The SSD provides services for both students in their home schools and at five specialized schools within the county. As of 2023, the SSD's partner districts include:
- Affton School District
- Bayless School District
- Brentwood School District
- Clayton School District
- Ferguson-Florissant School District
- Hancock Place School District
- Hazelwood School District
- Jennings School District
- Kirkwood School District
- Lindbergh Schools
- Maplewood-Richmond Heights School District
- Mehlville School District
- Normandy Schools Collaborative
- Parkway School District
- Pattonville School District
- Ritenour School District
- Riverview Gardens School District
- Rockwood School District
- School District of University City
- Valley Park School District
- Webster Groves School District
Districts offer their own services and accommodations. What services and accommodations are available can vary between districts. Knowing what services, support, and accommodations other school districts offer may be beneficial during discussions with your student's school district. As nationwide attorney-advisors, the Lento Education Law Team incorporates our knowledge of comparable school districts when assisting our clients and their students.
State-Funded Schools
Missouri also funds two schools and a multi-school program at the state level for students with disabilities.
The Missouri School for the Blind, in addition to residential options, has short-term and summer programs for students with visual impairments. The school also has outreach programs. The student's home school IEP team will make a referral if they believe a student would benefit from attending the school.
The Missouri School for the Deaf similarly provides both a residential school and statewide outreach services. This includes education and other services for families. The school's Families First Program emphasizes early intervention and helps parents determine the best communication, technology, and services for their child.
The Missouri Schools for the Severely Disabled works with and supports students when their local school district cannot meet their needs. This statewide program involves dozens of schools, and the Department of Elementary and Secondary Education keeps an updated list of MSSD schools.
For students who qualify, all three schools are available for free to families as part of FAPE. This can include outreach services even if a student is not admitted to one of the state-funded schools. For families who believe their child may benefit from these schools or their services, they should first talk with their student's local school or during an IEP Meeting.
MOScholars
Established in 2021, MOScholars provides opportunities and resources, including state tax credits and scholarships, to families and students in Missouri. Students must reside in an area of at least 30,000 residents and have either an IEP or live in a low-income household to qualify for the program. Families must apply to the MOScholars program.
Dispute Resolution
Given the importance of education for a child's development and future, the IEP and its implementation are crucial components of a student's education. Disputes can be an unfortunate part of that process. When disagreements do arise, parents and guardians should avoid getting distracted from the big goal, which is their child's education. Missouri offers several forms of dispute resolution.
When parents or guardians have concerns about their student's IEP or the implementation of that IEP, they should first schedule an informal meeting. This meeting could be with their student's teacher, a member of the IEP team, or other relevant members of the staff. In some cases, asking questions or for clarification, expressing concerns, or otherwise seeking to understand the school's viewpoint can lead to a resolution.
If talks with the school are unsuccessful, parents or guardians should next contact the Department of Elementary and Secondary Education's Office of Special Education Compliance Section. A section staff member can answer questions and provide guidance.
If the issue persists, parents may then wish to consider more formal options for resolution.
Facilitated IEP (FIEP)
FIEPs occur when both parties agree to sit down with a neutral third party. The point of these meetings is for both sides to have a conversation and develop an understanding that ideally ends with a solution that meets the student's needs and supports them in their education. FIEPs are free to both families and school districts.
Mediation
While still informal, mediation is more structured than a FIEP meeting. Also offered free of charge to both parties, the parties will choose an agreed-upon mediator to lead the conversation. Either party may bring a legal representative to the meeting, although it is not required. Similar to FIEPs, the goal of mediation is to find a solution that centers on a student's best interests.
Complaint
Anyone can file a complaint with the Missouri Department of Elementary and Secondary Education Office of Special Education (OSE) when they have reason to believe a school or school district is violating federal or state law regarding special education. Complaints must be made in writing. An OSE staff member will investigate the complaint and issue their findings within 60 calendar days. If a school district is in violation, it will have a set period of time to correct the issue.
Due Process
The most formal of the dispute resolution options, a due process hearing is similar to a trial. In some cases, due process hearings are a last resort when less formal options, such as mediation, have failed to arrive at a resolution. A request for a hearing must be made in writing to the OSE's compliance section, with a copy also sent to the school district.
School districts must conduct a resolution meeting within 15 calendar days of receiving notice of the request for a hearing. The goal of this meeting is to give both parties another chance to agree on a resolution.
Find a Resolution
When a disagreement occurs, parents or guardians should, when possible, focus on a collaborative approach to finding a resolution. Determining the best way to proceed and which option is best for their child and the specific circumstances can be overwhelming. A qualified attorney advisor can help families navigate disputes with a focus on their student and their student's education and best interests.
Protect Your Student's Education
The United States grants all students the right to a free appropriate public education. For students with disabilities, this extends to reasonable accommodations and an IEP plan.
If and when school districts fail to provide an IEP or implement it, families do have options to address the issue and find a resolution. Recognizing the wide array of disabilities and the need for individualized services, Missouri offers students with disabilities a wide array of options.
As nationwide attorney advisors, the Lento Law Firm works with families from school districts, large and small, rural and urban, to protect their student's right to an education. Contact us online or at (888) 535-3686.
