All children living in the United States have the right to a K-12 education. For students with disabilities, this right includes the services and support they require to enjoy and benefit from that education. A key component for support for students with disabilities is an Individualized Education Plan (IEP).
Federal law requires that all students with disabilities who are between the ages of 3 and 21 and are K-12 students have an IEP. While parents and guardians have a legal right to attend IEPs Meetings, they may feel overwhelmed by the recommendations for services and support or be unsure what options would be best for their child.
Even once a student has an IEP in place, families still need to ensure that school staff members are implementing the IEP and that the IEP is effective in allowing a student to pursue their education. Services or accommodations that work for one student may not work for another, even if they have the same disability.
At their best, IEPs are tailored to the individual child, grow and change with a student, and are properly implemented. Accommodations, services, and support may shift as research redefines best practices or as a student establishes their postsecondary goals or prepares to transition between schools.
The Lento Law Firm Education Law Team works with families nationwide. We value the expertise of educators but also know that parents and families are often the experts on how to support and help their child. We focus on resolutions that make students and their needs the top priority in IEPs.
What is an IEP?
IEPs are guides for teachers and school staff on the services, support, and accommodations a student with disabilities is to receive as part of their education. IEPs are written documents created by school staff, parents, and possibly the student. Both federal and Tennessee law mandate IEPs.
IEPs should never be considered static documents. At a minimum, federal law requires they be revised annually. Parents or guardians may request more frequent revisions if they believe a student's current IEP no longer supports them or if a student's support or accommodation needs change.
Schools should also tailor IEPs to the student and not the student's disabilities. IEPs should focus on the individual child. One increasingly common methodology for IEPs is known as the whole-child approach. With this method, a student's disability is just one factor when crafting an IEP. Their strengths, academic and professional goals and interests should also be considered when crafting IEPs.
Even without the whole-child approach, parents and guardians should ensure an IEP is tailored to their student. Children with the same disabilities may require different types of support or accommodations, and a one-size-fits-all IEP is more likely to not adequately support a child in school.
Federal Law
The basis for IEPs comes from the Individuals with Disabilities Education Act (IDEA). While IDEA is a cornerstone of disability rights and protections in education, two other federal laws feature prominently in K-12 education. These are the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
With few exceptions, the ADA covers all Americans. At the time of its passage in 1990, the ADA was hailed as the most comprehensive disability rights law in the world. The ADA established that those with disabilities have a right to full participation in society and banned discrimination based on disability.
The ADA covers all government buildings and organizations and any private organization open to the general public. With rare exceptions, schools, both public and private, will fall under the ADA.
Section 504, which predates the ADA, bans disability-based discrimination by any organization that receives federal funds. If a private school receives federal funds, including via student loans, they fall under the provisions of Section 504. Section 504 covers not just the classroom but also extracurricular programs and activities.
Section 504 also established 504 Plans. Although less used than IEPs, 504 Plans can be beneficial to students with disabilities. In 2013, Tennessee issued a Section 504 Guide and Model Policies Procedures. This guide includes a chart that highlights the differences between IDEA and Section 504.
IDEA
For K-12 students and their families, IDEA is likely the federal law they will encounter the most. While IDEA applies to public schools only, public school districts must provide services to all children who reside within a district's boundaries. Children who attend private or charter schools or are homeschooled can still access disability support services through their local public school district.
IDEA also has provisions for early intervention and support. IDEA requires that all states have a Child Find program that locates children with disabilities. While the age range commonly cited for IDEA is 3 to 21, intervention and support services begin at birth. In 2019, Tennessee issued guidance on the state's Child Find procedures. This document included responsibilities for charter schools authorized by the State Board of Education.
In Tennessee, IDEA covers individuals up to the age of 21 or until they graduate from high school, whichever comes first. Once a student graduates high school, IDEA no longer applies. This includes IEPs. Colleges and universities have no legal obligation to provide a student with an IEP.
Private schools may have programs or policies that are similar to an IEP. Parents and guardians should be aware these policies do not have the backing of federal law under IDEA.
Federal law also established several terms that are frequently used in the context of disability rights in education. Families can benefit from knowing these terms.
Free Appropriate Public Education
The United States gives all children the right to a free appropriate public education (FAPE). FAPE applies to a student's K-12 years. For students with disabilities, it includes accommodations, services, and support. When crafting an IEP, schools, and families should consider the services and support a student needs in view of ensuring the student benefits from and can access that education.
Least Restrictive Environment
Current educational practices emphasize putting students in the least restrictive environment (LRE). The goal of LRE is to have students with disabilities be part of general classrooms and the overall school community as much as possible.
The majority of students with disabilities will be part of general classrooms for most of their school day. Some students, however, do not benefit from being part of general classrooms. Others may do best in specialized schools.
Much like the rest of the IEP, an LRE determination should focus on the individual student and what option will best support them. The Iris Center at Vanderbilt's Peabody School suggests the following factors when discussing LRE:
- What are the student's needs?
- What is the student and/or family's preference?
- Which option would most benefit the student?
- How would the student's presence in a general classroom impact other students?
- What accommodations or services does a student need?
As suggested by this list, what would benefit a specific student should not be considered in a vacuum. All students have a right to FAPE, and if a student's placement in a general classroom would disrupt or diminish other students' access to education, a student is less likely to be placed in a general education classroom. This is the case even when a family would prefer a general education placement.
Cora Howe School, which is part of Metro Nashville Public Schools, focuses on students who would not benefit from LRE placement. The school covers K-12, and students are referred to the school from their zoned school within the district.
Other school districts may have alternative programs or schools or other placements for students who would not benefit from LRE. Again, the key is what is the best choice for the individual student.
Reasonable Accommodations
Federal law requires that school districts provide students with reasonable accommodations. School districts have no legal requirement to provide students with all possible accommodations or the most-expensive accommodation. Neither do schools have to provide a student with their preferred accommodation. Rather, schools must provide students with effective accommodations that allow them to progress with their education.
Similar to LRE, schools may use a variety of factors when determining a reasonable accommodation. This can include how an accommodation would affect other members of the school community.
One phrase commonly used in determining accommodations is an undue burden. If and when an accommodation is likely to place an undue burden on a school or member of the school community or otherwise disadvantage others, that accommodation is unlikely to be adopted.
Some of the factors to consider:
- What is the proposed accommodation's expected cost?
- What are similar accommodations? How do they compare to the proposed accommodation?
- How effective is a proposed accommodation compared to alternatives?
- What burden, if any, would an accommodation place on other members of the school community?
- Would an accommodation fundamentally change a program or course?
Accommodations should place a student on a similar footing to other students. They should also not put any other students at a disadvantage.
Cost to Families
FAPE includes support for students with disabilities, including being free to families. Federal law prohibits school districts from charging for services students receive due to their disability. This includes early intervention services and those provided to students who do not otherwise attend public school.
Schools may charge additional fees when all students must pay the fee. Fees for cost material and field trips are two examples of allowable fees.
When schools may charge a fee to a family is if the district does not believe a service relates to a child's disability or does not believe the accommodation is necessary for the student. In some cases, families may also need to pay for testing and evaluation.
When families disagree with a school district's decision, parents or guardians should first schedule a meeting to discuss the difference of opinion and attempt to find a compromise. As much as possible, parents should base their position on evidence and documentation.
Tennessee and IEPs
In 2018, the Tennessee of Education issued a revised Special Education Framework.
When discussing IEPs, Tennessee uses both Individualized Education Plans and Individual Education Plans. These terms are interchangeable. The state also uses the term Instructionally Appropriate Individual Education Plan (IAIEP) and provides training resources for school staff on the Department of Education website.
In June 2020, Tennessee issued a revised guide for IAIEP Self Assessments. The goal of IAIEPs is to improve student outcomes, including expanded postsecondary and career options. The state uses a three-tier system for evaluating IEPs:
- The lowest tier is that an IEP is unlikely to meet legal requirements and is unlikely to improve student outcomes.
- The middle tier meets legal requirements and “reflects minimum expectations” but lacks the detail and planning necessary to assist the student.
- The highest tier – and the goal of IAIEPs – is an IEP that is fully developed, reflects best practices, and is designed to help a student achieve their goals.
The document includes seven specific areas of evaluation plus an overall score. The highest tier includes increased parent involvement, and reviewing documents such as the self-assessment can be useful for parents both ahead of the initial IEP meeting and during revisions.
IRIS Center
Partially funded by the U.S. Department of Education, the IRIS Center at Vanderbilt's Peabody College conducts research and provides free resources to improve educational outcomes. While its mission is to improve education with evidence-based practices for all students, the center emphasizes support for students with disabilities. While the program supports students nationwide, families can benefit from its location in Nashville.
The primary audience for IRIS Center's resources is educators. The center includes training programs for teachers, including information on new research and current best practices.
Parents and guardians may benefit from their resources in understanding support options for their students. Resources such as IRIS can help parents be more active participants in IEP meetings when determining the best support and services for their child.
In cases when school districts and families disagree over the best accommodations for a student, evidence-backed resources can provide parents with a stronger argument. If nothing else, parents or guardians, during IEP Meetings, can inquire about how a school district uses external resources, such as IRIS, for teacher training and to keep current on research and changes to disability support in education.
Special Schools
The majority of students receive support within their zoned schools as part of the LRE analysis. Some students may benefit from more specialized programs or schools, and what options are available to a student depending on their home school district and disability.
The state funds both the Tennessee Schools for the Deaf and the Tennessee School for the Blind. Both schools have residential campuses and programs throughout the state. The schools are free to students and their families.
Individual districts may also have schools dedicated to students with disabilities. Metro Nashville Public Schools, for example, operate Cora Howe, Harris Hillman, and Murrell at Glenn School. All three are dedicated to assisting students with disabilities, although they have different specialties. Referrals to the schools come from a student's zoned school.
If and when families are moving within or to Tennessee, they should look at what services and support school districts already have in place to support students with disabilities. Although federal law requires that all schools provide these services, what services and funding are available can vary. In general, if a school already has a specific program or accommodation in place, it will be easier to include that option in a student's IEP.
TN Pulse
Beginning in the 2023-2024 school year, Tennessee launched Tennessee Plans for Learning Success and Excellence (TN Pulse). A data management platform, TN Pulse's purpose is to support individualized learning as part of the Tennessee Investment in Student Achievement (TISA) Act.
TN Pulse replaced the EasyIEP system and is free to public school districts, public charter schools, and state-operated programs (SOPs). The system allows approved users access to a student's IEP or 504 Plan.
What Qualifies as a Recognized Disability in Tennessee?
To qualify for an IEP, students must have a qualifying disability. Tennessee considers the following to be a qualifying disability:
- Autism
- Deaf-Blindness
- Deafness
- Developmental Delay
- Emotional Disturbance
- Functional Delay
- Hearing Impairment
- Intellectual Disability
- Intellectually Gifted
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impairment
- Specific Learning Disability
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
The criteria for establishing a student's eligibility for accommodations and an IEP depend on the student's disability. The Tennessee Department of Education has a page that lists the documentation, assessment, and evaluation requirements for each disability.
Intellectually Gifted
Tennessee differs significantly from both the federal requirements and other states with its inclusion of ‘intellectually gifted' as a category of disability. As this category is not a federal requirement, IEPs are not required but an option. School districts may choose other ways to support students who fall into this category.
The option of an IEP gives families a way to request different services and support if a general education classroom is not meeting a student's needs.
The IEP Meeting
The Special Education Framework, published by the Tennessee Department of Education, lays out the steps for an IEP once a student is determined to have a qualifying disability.
First is an IEP Meeting, which must occur within 30 days of a child becoming eligible for special education services. Parents and guardians have a legal right to attend this meeting. If parents or guardians are unable to physically attend, a school district must make other participation options, such as video conferencing, available.
A student under 14 may attend the meeting if it would be appropriate. Students who are over 14 are required by law to attend the meeting. One reason for having students attend is to help them learn self-advocacy, which can be crucial in both college and their careers.
IEP Meetings should discuss not only the student's disability but also their strengths and any concerns. As a reminder, IEPs should be based on the individual student and not their disability.
Review
IEPs must be reviewed annually. Appreciating that students change as they mature and learn, requiring an annual IEP Meeting is a way to assess if the IEP is still serving the student or if their current needs and goals suggest a revision would benefit them.
Families may request meetings more frequently if they have concerns about the current IEP. This could be due to a lack of proper implementation or if current accommodations or services are no longer effective.
Dispute Resolution
Even when all parties believe they have a student's interests in mind, schools and families may disagree over what services or accommodations a student requires. If and when disagreements occur, families, as much as possible, should focus on maintaining a collaborative approach and the main goal, which is supporting the student.
The Tennessee Department of Education provides guidelines on how to resolve disputes regarding IEPs and other disagreements involving special education. The state encourages families to attempt an informal resolution with school districts when possible. Parents or guardians should request to schedule a meeting with a school to discuss concerns and attempt to find a resolution.
If attempts to resolve the issue informally do not end in a resolution, the state has three additional options for families:
- Administrative Complaints investigate an alleged violation of federal or state law and are not specific to a student.
- Mediation involves a neutral third party presiding over a confidential discussion with an outcome tailored to an individual student.
- Due Process Hearing is the most formal of the options, and an administrative court judge presides over the hearing.
When comparing mediation and due process hearings, mediation tends to be less expensive, less adversarial, and more flexible in finding solutions. Which option is best for a family depends on the circumstances that have led to the dispute, their preferred outcome, and the willingness of the parties to communicate.
All Children Have the Right to an Education
Children with disabilities have a right to access an education free of discrimination and with the accommodations they require to benefit from that education. IEPs are a crucial component in providing students with that education.
If and when your child is not receiving the accommodations they require, either due to a denial of disability, a weak IEP, or failure to implement an IEP, parents should not simply accept the status quo. Children with disabilities have a legal right to an IEP, and school districts must provide them not only with an IEP but also with reasonable accommodations.
As nationwide attorney advisors, the Lento Law Firm works with families from all backgrounds to protect their student's right to an education. Contact us online or at (888) 535-3686.
