Under federal law, school districts must provide students who have disabilities with an Individualized Education Plan (IEP). The purpose of an IEP is to provide a framework to support the student and allow them to succeed during their K-12 school years.
Federal law affords all children with the right to a public education. For children with disabilities, this right to an education can include additional support and services to allow them access to an education. IEPs are a key part of that support.
Although federal law mandates IEPs, states control public education within their borders. While states and school districts must abide by federal law, they can, if they choose, create laws and policies that go above federal law. In some cases, federal law also issues requirements, such as requiring administrative hearings, but leaves the details to each state to determine.
Even when operating under the same rules, different states and different school districts can vary in how they implement federal law. These differences can result in different services and support provided to students as well as the overall outcome.
For families of students with disabilities, navigating the combination of federal, state, and local laws can be confusing. Parents and guardians may be unaware of different support options or current best practices. By hiring the Lento Law Firm's Education Law Team, which works with students and families nationwide, families can improve their student's chances of getting the best possible support and services they need to succeed in school.
Common Terms
For families of students with disabilities, one of the challenges can be learning the terms and acronyms that are used for IEPs and other disability accommodations. Knowing these terms can make it easier to navigate the process.
ADA
Short for the Americans with Disabilities Act, the purpose of the ADA is to protect all individuals with disabilities from discrimination. The ADA covers all Americans in matters ranging from housing and employment to education.
FAPE
FAPE refers to free appropriate public education (FAPE). Federal law requires that school districts provide all children that reside within its jurisdiction with access to FAPE. While a private school has no obligation to follow federal law, students who attend a private school are still entitled to support from their local public school district.
IDEA
The Individuals with Disabilities Education Act (IDEA) protects K-12 students who have disabilities. IEPs are a key part of the act.
LEA
Local Education Agencies (LEA) refers to the organization or entity in charge of overseeing public schools and implementing policy. LEAs are often boards of education.
For students with disabilities, LEAs are in charge of implementing special education programs. LEAs are responsible for ensuring all students within their boundaries have access to education (and for students with disabilities, additional services and support at no additional charge to families).
LRE
LRE is an acronym for the least restrictive environment. Current best practices for educating students who have disabilities are to keep them in general education classrooms and the wider school community as much as possible. As each student's needs and disabilities are unique, some students will not benefit from being in general education classes. What LRE means for each child varies on what's appropriate for that student and their needs.
Knowing these terms and acronyms can help reduce confusion, especially in initial IEP meetings.
What is an IEP?
For students with disabilities, three federal laws are key: the ADA, the Rehabilitation Act of 1973, and IDEA. The third, IDEA, focuses entirely on providing support and services to K-12 students in public schools. The IEP is a central component of supporting students with disabilities.
An IEP is a document that lists what support and services a student needs to succeed in school. Only students with a diagnosed disability qualify for an IEP. The law covers students in K-12 public schools. Students in postsecondary education or private schools have no right to an IEP.
As much as possible, schools should educate students in the least restrictive environment (LRE). When in the best interests of the student, students should be kept in mainstream classrooms and provided with the opportunity to participate in the school community.
Qualified Disabilities
Students must have a qualified disability to be eligible for an IEP.
As of 2023, IDEA considers the following to be qualified disabilities:
- Intellectual disabilities
- Hearing impairments, such as deafness
- Speech or language impairments
- Visual impairments, including blindness
- Serious emotional disturbance
- Orthopedic impairments
- Autism
- Traumatic brain injury
- Other health impairments
- Other learning disabilities
States and school districts may have policies that support additional disabilities. For these disabilities, students would likely not be entitled to federal protection but would still receive support and other services.
Some students may enter school with evidence or test results that qualify them for an IEP. While families can pay for private testing to determine if a child has a disability, they can request that a school district evaluate their student. Parents must consent to any evaluations before the assessments occur.
If and when a school district denies a student has a qualifying disability, families may appeal the decision. If a student has a qualifying disability, a school then has a legal obligation to provide a student with an IEP.
Outdated Authorization
Congress last authorized IDEA in 2004. While a lack of authorization does not put IDEA in jeopardy, what it does mean is that it's been almost two decades since the law had any revisions.
To address these issues, some states are conducting their own research and making policy changes. Two examples:
- Massachusetts is adopting a new IEP form with the goal of improving the process. The plan is to begin using the new IEP in the 2023-2024 school year.
- In 2021, California released 25 recommendations that, if adopted, would dramatically change IEPs in that state.
Both states and school districts may revise their policies based on research and new best-practices recommendations. These changes may include determining when and how IEPs are required and used in charter schools. Even if a charter school has no obligation to provide a student with an IEP, the student can receive an IEP and support from their local public school district.
Initial Meeting
The first step for creating a student's IEP is a meeting of the student's IEP team. IDEA requires the initial meeting to be within thirty days after a student becomes eligible for an IEP. States or school districts may have a shorter window of time but not longer.
At the initial meeting, the following people should be present:
- The student's parents or guardians
- A special education teacher
- A general education teacher (if the student will spend at least part of their day in a general education classroom)
- A school administrator
While not required, a student may join the IEP team. In some cases, it may also be appropriate to include the school psychologist. A student and their specific needs, strengths, and challenges should determine whether an IEP meeting should include the student and/or a specialist.
When parents or a student are not fluent in English, a translator may also be included in the meeting. Families can also request their own advocate in the meeting, such as a member of the Lento Law Firm.
Including an advocate has several advantages, including:
- Families can have an expert whose primary concern is their student.
- Advocates will operate from a place of logic rather than emotion. Parents and guardians may, at times and understandably, allow emotion to color their judgments. Having a professional advocate can be a beneficial way to determine the best course of action for your student.
As the Lento Law Firm operates nationwide, they bring knowledge of IEPs and support services from school districts across the country. They can help families and students speak up for what a student needs to thrive in school.
IEP Document
A student's IEP must include the following:
- Present levels of performance
- Goals
- Related services
- Time with Non-Disabled Peers
- Implementation and duration of services
- Placement
Remember that federal law requires free appropriate public education (FAPE) and the least restrictive environment (LRE). What's appropriate for one student may not be appropriate for another, even if they have the same disability. While schools should put students in general education classrooms as much as possible, in some cases, that option is not in the best interests of the student.
Federal law requires that school districts provide reasonable accommodations, not all possible accommodations. Cost considerations and the burden placed on staff and other students are just two of the factors that can determine whether an accommodation is feasible.
School districts must provide parents and guardians with a copy of a student's IEP at no cost to the family. If parents and guardians speak a language other than English, the school district must provide them with a copy of the IEP in their native language.
Standards versus Strengths
Different states and school districts can approach IEPs in varying ways. While the focus should be on the specific student and their needs, families can help their students by knowing how schools may view IEPs. In some cases, a state may require schools follow one approach when crafting IEPs.
Two of the major schools of thought on IEPs are whether they should be based on standards or strengths.
Standards-Based IEPs
Standards-based IEPs focus on how a student can meet a state's academic standards. These are goal-oriented IEPs.
Texas is one state that uses the standards-based model. The Texas Education Agency's website includes an explanation of why the state uses this process:
“The standards-based IEP process is based on the belief that students with disabilities can make progress on challenging goals aligned to the general education curriculum at the enrolled grade level with specially designed services and supports. Special education is not a separate and special place for learning, but services and supports that are individually designed to help students access the general education program. Students may be accessing the curriculum at different levels of complexity, at different paces, and/or in different ways, but they should all be working toward rigorous goals.”
Under this model, the purpose of an IEP is to create a support system to empower all students to hit the same academic benchmarks. Students with disabilities should still meet Texas's general education program.
Strengths-Based IEPs
In contrast, strengths-based IEPs are part of a broader mindset shift in how IEPs should support students. Strengths-based IEPs are based more on the individual student and less on meeting certain academic goals. A strengths-based IEP focuses on using each student's strengths and current skills to assist in their education and how they learn. Educators refer to this style of IEP as more holistic and focused on the whole child.
Some states and school districts are currently considering whether to revise their laws to mandate strengths-based IEPs for the student. Absent state laws on the subject, some school districts may also have policies that recommend or mandate one strategy when crafting IEPs.
Neither strategy is preferable. Both have their pros and cons. Some students may do better with a standards-based IEP, and others with one that focuses on their strengths.
Parents and guardians should avoid getting overly caught up in strategy. While it's important to ask questions and understand a school's view on an IEP's purpose, the focus should be on creating an IEP that helps and support your specific student.
Revisions
IDEA requires schools to schedule an annual meeting to review a student's IEP. IEP revisions are important because they recognize that students change and grow. What works for a student at age six may no longer benefit them at age 12.
In addition to the annual meetings, parents and guardians can request a meeting at any point. These unscheduled meetings can be especially important if families believe an IEP is no longer serving a student. Waiting for the next annual meeting to request changes could result in your student falling behind or struggling unnecessarily.
Parents and Guardians: Team Members
Parents and guardians are full members of the IEP team and should be allowed to voice their concerns and opinions and equally contribute to decision making. If a school employee attempts to limit parents and guardians role on the IEP team, parents should remind them the law allows their full participation. In some cases, parents or guardians may wish to call in legal help if an IEP team is minimizing their involvement.
Similarly, as a student grows up, they may wish to become a more active participant in the process. They may be better able to explain what support they need and what works best for them.
A student's involvement depends a good deal on the individual student and their disabilities. As much as possible, parents and guardians should find ways to involve students in the process and solicit their opinions and thoughts on the subject.
Some states may require parental consent or involvement beyond what's required under IDEA. While most schools will have an obligation to inform parents and guardians of these rights, families should not assume they will. Alternatively, a state may give parents or guardians options that are not required by law, and schools may not have an obligation to inform families about these alternatives.
Transition Plans
When a student turns 16, IDEA requires that schools include a postsecondary transition plan to the IEP. The goal of a transition plan is to help students envision a post-high school life and make the shift from student to adult. These plans may involve additional education, job training, and independent living.
Much like IEPs, transition plans should be tailored to the individual student and their specific needs. Even when students have the same disability, what support best suits them, or what they plan to do after high school, may differ.
Also similar to IEPs, transition plans should be revised annually. Students may change their goals or interests, or new information or programs could become available that affect their plans.
Recognizing the need for support beyond the classroom, some states are considering expanding IEP requirements for support and transitional planning. One current issue with transition planning is a lack of long-term data on the post-K-12 years
Age of Majority and Transfer of Rights
IDEA allows states to decide whether a student gains the right to make their own educational decisions once they turn 18, often referred to as the age of majority in legal documents. When a state allows students the option to take control of their own education, schools must inform students a year before they reach their majority about this change.
As much as possible, parents and guardians should recognize that taking responsibility is a skill that requires time and experience to learn. They should both help their students become advocates for themselves and make sure students know they will have parent or guardian support when needed.
One way parents and guardians can prepare students for taking charge of their educational decisions is by encouraging students to join IEP meetings when appropriate. For parents and guardians, especially those who have spent years advocating for their children, ceding authority can be a stressful process.
For some students, their disabilities may be such that they will not be considered competent to make their own decisions. In these cases, parents and guardians will continue to direct and advocate for their student.
Parents and guardians should also ensure that schools are supporting a family's decisions regarding student involvement in IEP planning and revisions.
Time to Prepare
Some states have lowered the age limit on transition plans to give students more time to build and develop skills necessary for their adult life. Even when a state hasn't lowered the transition plan age to 14 or 15, families can request a plan to give their student more time to prepare and set goals.
Before requesting a plan, families should consider whether an earlier transition plan is in the best interests of their student. For some students, an earlier transition plan can give them more time to learn skills and prepare for the change. For others, especially those who are unsure of what they want to do after graduation, an early transition plan may be a source of stress.
Planning Ahead
By the age of 16, all students should have a transition plan as part of the IEP. If a student requires an earlier plan or if a school is not adequately helping to prepare a student for their adult life, parents and guardians should seek the help of the Lento Law Firm. Much as an IEP is crucial to success in school, a strong transition plan can be crucial to a child's post-K-12 years.
In addition to encouraging children to learn how to become their own advocates, parents and guardians should push for schools to develop a transition plan that includes how to help a student develop their independence.
Dispute Resolution
Under IDEA, dispute resolution is a mix of federal and state laws. For mediation, however, the state will cover the costs of the process. Some families remain reluctant to challenge school districts, even when an IEP is inefficient or not being used.
A study by the GAO found additional differences based on a school district's socioeconomic and demographic characteristics. In general, school districts located in high-income areas had more dispute resolution activity.
The GAO report found that parents and guardians hesitate to initiate a dispute or file a complaint, partially due to the belief that schools have the knowledge and financial resources to succeed. Parents may also decline to pursue due process hearings or other remedies due to lack of time.
Hiring the Lento Law Firm can help families protect their students and overcome these concerns.
Protect Your Student's Right to an IEP
IDEA and other parts of federal law protect a child's right to a free appropriate public education (FAPE). IEPs are a crucial component of ensuring students with disabilities have access to educational opportunities.
States and school districts are increasingly building on federal requirements for IEPs. Recent research and studies show a potential shift in how educators and schools view IEPs. These viewpoints shouldn't undermine the importance of focusing on the individual student when crafting an IEP but should instead be used to increase support for students.
Parents and guardians play a key role in both developing and revising a student's IEP and eventual transition plan. As a student matures, a parent or guardian's role may shift to encouraging and teaching students how to advocate for themselves.
When school districts fail to properly design or implement an IEP, students risk losing out on valuable opportunities. Families may need to appeal or file a complaint to address the problem.
Navigating the IEP process isn't easy. Parents and guardians want to do the right thing for their students. They may feel pressured to make certain decisions or may worry that speaking up will hurt their student. At times, their emotions may override the logic a situation requires.
These are all reasons why hiring the Lento Law Firm can benefit both families and students. Our Education Law Team can provide guidance on how to navigate situations and resolve disputes, all with the goal of ensuring the best possible education for your student. Contact us online or by (888) 535-3686.
