The United States guarantees all children the right to free appropriate public education. For students with disabilities, this right includes the accommodations, support, and services they need to access that education and have a similar learning experience to other students.
For students who have a qualifying disability under the Individuals with Disabilities Education Act, that education includes an Individualized Education Program (IEP). IEPs, sometimes referred to as Individual Education Plans, apply to all K-12 students with a recognized disability and who are attending public schools.
Indiana closely aligns with federal law in implementing IEPs. The state also offers several resources for families as well as training programs for educators.
Disagreements about IEPs can occur for any number of reasons. A school district may say a student does not have a qualifying disability. Families and school staff may disagree on what accommodations and services a student requires. School staff may fail to implement the IEP.
When problems with an IEP arise, the focus should be on finding a solution that's best for supporting your student and their access to free appropriate public education. The Lento Law Firm works with families nationwide to help them get the support and services their child needs to succeed in school.
What Is an IEP?
An IEP is an educational roadmap on the accommodations, services, and support a child with disabilities requires as part of their education. Crafted by a group including school staff and parents or guardians, IEPs are mandatory under federal law.
IEPs should be tailored to the individual child. While a child's disability is a factor in creating an IEP, it should not be the central consideration. Two students with the same disability may require different support. Students' goals and strengths should also be considered when writing or revising an IEP.
Federal Law
Three major federal laws cover disability rights in education, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA). While all three play a role in supporting and protecting students with disabilities, IDEA is central to K-12 public education, including establishing IEPs.
In Indiana, the age range for IDEA is 3-22, although disability support can begin as early as infancy. The cutoff for IDEA is graduation from high school or turning 22, whichever occurs first. Once a student graduates from high school, IDEA no longer applies. This includes IEPs, which colleges and universities have no obligation to provide or follow.
IDEA mandates that school districts provide services to all K-12 students in their district. Even if a child attends a private or charter school, is homeschooled, or is not yet old enough to attend school, families can contact their local school district for support and services. All of these services should be provided at no cost to families.
Private and charter schools may have policies similar to IDEA. Families should be aware that even if a private school has policies similar to IDEA, including IEPs, these policies do not have the backing of federal or state law.
Key Terms
Federal law establishes several terms commonly used when discussing disability rights in education. Families may wish to be familiar with these terms ahead of the first IEP Meeting.
Free Appropriate Public Education
As stated above, the United States grants all children the right to free appropriate public education (FAPE). For students with disabilities, FAPE includes an IEP and the accommodations, services, and support they require to benefit from that education.
Least Restrictive Environment
Least Restrictive Environment, or LRE, is the practice of including students in general classrooms and the school community as much as possible and when in a student's best interests. As part of the IEP meeting, parents or guardians should ask about the best LRE option for their student.
Similar to the IEP in general, an IEP determination should be based on the student and not their disability. Parents and guardians should consider factors such as what environment would best support their student and what support or accommodations a student requires to benefit from their education.
Schools may also consider how a placement would affect other students. If placement in a general education classroom would disrupt other students or negatively impact their right to FAPE, schools may decline to put a student in a general classroom. This is the case even if a family would prefer a general classroom placement for their child. All children have an equal right to FAPE.
Reasonable Accommodations
School districts provide students with reasonable accommodations. This does not mean all possible accommodations or the most expensive or newest accommodations. Neither do schools have to provide a student or family's preferred accommodations.
The question is instead whether an accommodation will be effective for the student. The second question is how an accommodation may affect other members of the school community.
If an accommodation places an undue burden on either the school or another person, a school district may deny that accommodation. Undue burdens can be financial or require a significant expenditure of time or effort by a member of the school community.
An accommodation should put a student on a similar footing to other members of the student body. It shouldn't give a student with disabilities an advantage over other students.
Cost to Families
Public school districts cannot charge families for any services they receive as part of an IEP. This is true even if the student does not attend that school or if the family can afford to pay. Accommodations, services, and support fall under the free part of FAPE.
One exception is if all students are charged a fee, such as for a field trip. Schools also do not have to provide disability support services to students who do not qualify as having a disability under IDEA or for accommodations unrelated to the student's disability.
Indiana Law
Indiana adopted IDEA into its state laws as Article 7. This includes what qualifies as a disability.
To qualify for an IEP, students in Indiana must have a qualifying disability. Rule 41 of Article 7 lists the following:
- Autism
- Blind or low vision
- Intellectual disability
- Deaf or hard of hearing
- Deaf-Blind
- Developmental Delay (early childhood)
- Emotional disability
- Language or speech impairment
- Multiple Disabilities
- Other health impairment
- Orthopedic impairment
- Specific learning disability
- Traumatic brain injury
When students move, especially if they are coming from out of Indiana, parents should ask whether their student automatically qualifies for services or if they will need to be reevaluated. Some states include disabilities above and beyond the federal requirements, and these disabilities may not be covered in Indiana. In this case, a student would no longer qualify for an IEP.
IEP Meeting
Once a student qualifies as having a disability under IDEA, school districts must provide them with an IEP. IEPs should be tailored to the individual students and not just to their disability.
What will be included in a student's IEP will be determined at an IEP Meeting. This meeting will include members of the school staff, parents or guardians, and, when appropriate, the student. If parents or guardians are unable to attend the meeting, they can request the meeting be rescheduled or that the school allows phone or video conferencing.
Parents should prepare for the IEP meeting. This includes bringing any relevant documents, including assessments and a student's goals. Evidence and proof can be crucial in determining what accommodations a student receives.
Once an IEP is in place, revisions meetings are conducted once every school year. What a student needs regarding accommodations or services may change from year to year, and IEPs should change as a student changes.
Families may request additional meetings if they think an IEP is no longer supporting a student or if other revisions are needed. When parents or guardians notice a student needs a modification to their IEP, they should be proactive in revising the IEP to minimize academic or behavioral problems.
Resources and Specialty Schools
Ahead of IEP meetings, parents should have some idea of the resources available to support them, including a general idea of resources for individuals with their student's disability. While each child should be treated as an individual, having some idea of potential resources can be useful when crafting a student's IEP.
While all public schools fall under the same federal and state laws, the available resources and accommodations can vary. Certain schools or districts may have better options for certain disabilities, and a school's funding can also be a factor.
IEP TA Center
The state provides resources that can help families navigate the IEP process. Indiana State University operates the Individualized Education Program Technical Assistance Center (IEP TA Center).
Supported by federal funds, the IEP TA Center focuses on training and support of school staff to improve the educational experience and outcomes for students with disabilities. While the majority of their programs are geared toward educators, the center does offer resources for families about the IEP process.
IN*SOURCE
Founded in the 1970s and partially supported with federal funds, IN*SOURCE provides resources and information to help families of students with disabilities. The focus of the organization is parents helping other parents.
District-Specific Support
Resources and accommodations can run the gamut from aides and assistance in general classrooms to specialized programs and schools. Carmel Clay Schools, for example, emphasizes LRE placements “to the maximum extent appropriate.” Any alternate arrangements beyond the general classroom should be included in a student's IEP, which is one reason why the IEP Meeting is so important.
The Lafayette School Corporation has the GLASS (Greater Lafayette Area Special Services) program for students who live within its boundaries. The GLASS departments provide a good example of potential services available through school districts. They include:
- Augmentative and Alternative Communication Assistive Technology (AAC-AT)
- Alternative programs for students who are suspended and/or expelled from school
- Autism support
- Licensed teachers for students with visual impairments
- Accessibility and communication services for students on the continuum of hearing loss
- Learning center
- Nursing assistance focused on students with disabilities
- Occupational therapy
- Physical therapy
- Counseling with school psychologists
- Compliance specialists to check that a school district is meeting its legal obligations
- Speech pathology
- Transition services beginning at age 14
Parents and guardians should not assume that school staff are experts on disabilities and current best practices. Even trained specialists may have a large number of students to assist or a wide range of disabilities to support. They may not have the time or resources to know how best to support your child.
Before an IEP meeting, parents or guardians should talk with a child's doctor or any other professionals who may be able to provide suggestions or guidance on the accommodations a child requires. Parents should go into meetings with documented evidence or letters of what support or services their student requires as part of their education.
Special Schools
The majority of students will be part of general classrooms and the general school community for the majority of the school day. Depending on a student's disability and their individual needs, some students may benefit from special programs or schools.
The state funds both the Indiana School for the Blind and Visually Impaired and the Indiana School For The Deaf. These schools operate both schools and programs and support services around the state for qualifying students. These programs are free to students, and families should contact their local school district, even if their child does not currently attend, to determine the best option for their child.
Seclusion and Restraint
Numerous studies have found that students with disabilities are more likely to be subject to seclusion or restraint in school. A 2019 report from the U.S. General Accountability Office found that students with disabilities comprised less than 12 percent of the total number of students attending K-12 public schools. Yet, as a percentage of students who were restrained or secluded, students with disabilities represented:
- 33.9 percent of students mechanically restrained
- 75.6 percent of students physically restrained
- 59.1 percent of students placed in seclusion
Other studies have confirmed that students with disabilities are more likely to face these types of discipline in schools.
A fact sheet from the U.S. Department of Education states that the use of seclusion and restraint can potentially be considered a denial of FAPE under Section 504. The report reaffirms studies that have found behavioral issues, which often lead to the use of seclusion and restraint in schools, are often the result of undiagnosed disabilities.
An IEP that lacks needed accommodations or isn't implemented can also increase the risk of a student acting out in school. If and when a student faces seclusion or restraint in schools, parents or guardians should immediately request an IEP Meeting.
What is Seclusion and Restraint?
The U.S. Department of Education defines seclusion as “the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving.” Timeouts or other monitored separations, especially when intended to calm rather than punish a student, do not meet the definition of seclusion.
Indiana uses a similar definition. Indiana's code also mentions that scheduled breaks that are part of a student's IEP do not meet the definition of seclusion.
Restraint falls under two general categories, physical and mechanical. Indiana defines restraint as:
- “Mechanical restraint means the use of a mechanical device, material, or equipment [that is] attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.” The exception is anything prescribed by a doctor.
- “Physical restraint means physical contact between a school employee and a student:
- in which the student unwillingly participates; and
- that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body.”
- Restraint is not:
- “Briefly holding a student without undue force … to calm or comfort the student, or to prevent unsafe behavior”
- Escorting a student
- Contact designed to assist, prompt, or guide a student
While an increasing number of states are banning or limiting seclusion and restraint in public schools, Indiana still allows both practices.
Seclusion and Restraint in Indiana
In 2013, Indiana revised its code to limit the use of restraint and seclusion in schools. The goal of these changes was to make these practices rare and only used as a last resort. Revisions included stating that any such interventions should be consistent with a student's current IEP.
A 2023 investigation by WFYI found that, despite these revisions, schools continue to use restraint and seclusion, with thousands of incidents occurring within the state every school year. The investigation found a lack of oversight and enforcement by the state's Department of Education.
School districts may also issue policies regarding seclusion and restraint. The Metropolitan School District of Lawrence Township has a policy that states restraint and seclusion should be limited to last-resort options or when a student's behavior creates an “imminent risk of injury” to any member of the school community.
The policy goes on to state that school officials should rely on positive behavior intervention and support and conflict de-escalation first. Any behavioral intervention should be consistent with a student's IEP.
Seclusion, Restraint, and IEPs
Parents and guardians of students with disabilities should plan to discuss a school district's policy on seclusion and restraint during the IEP Meeting, either at the initial meeting or during revisions. Parents and guardians should request that any IEP include guidance on what behavioral intervention may be used on their student. They should also review the district's policy on parent or guardian notification.
By ensuring a child's IEP includes behavioral intervention, families can hopefully reduce the risk of a child experiencing seclusion or restraint in school. They should also push for positive behavior intervention support as part of an IEP.
Dispute Resolution
Families and schools may not always be able to reach an agreement on what a student's IEP should include. When a disagreement arises, families have several options when pursuing a solution.
No matter what resolution process a family chooses, they should keep in mind that the overarching goal is to provide their student with effective accommodations and services. Focusing on collaboration and maintaining relationships with the school should be taken into consideration as much as possible.
The Indiana Department of Education provides an overview of the state's dispute resolution options. These options are divided into two main categories, informal and formal.
Informal Dispute Resolution
When possible, families should start with informal dispute resolution, which is usually a meeting with a school district. These meetings should be face-to-face when feasible and focus on concerns or correcting misunderstandings.
Indiana lists three types of meetings:
- Informal
- Case conference committee (CCC)
- Facilitated IEP (FIEP)
The last option focuses on disagreements over a student's IEP. Of the three, the FIEP might be considered the most “formal” of these options. FIEPs, which are free to both families and school districts, involve an impartial facilitator who will not issue any decision but will help the parties find a solution and/or compromise.
Formal Dispute Resolution
When families and school districts remain unable to reach a resolution, they should turn to one of the formal options. Indiana offers three avenues for formal dispute resolution:
- Complaint
- Mediation
- Due process hearing
Complaints focus on a violation of federal or state law. They can also be used when a school fails to implement an agreement from mediation or a due process hearing.
A trained facilitator leads meditation. The parties are not required to reach an agreement, although that is the goal.
A due process hearing is the most formal of the options and is similar to a court case in that both parties have the opportunity to present witnesses and evidence. An independent hearing office will issue a decision.
Choosing the best resolution option can be difficult. The best option often depends on the specifics of the situation, which is why families bring in an external advisor such as the Lento Law Firm.
Protect Your Student's Right to an IEP
For K-12 public school students, IEPs are a right and not a privilege. If school districts fail to provide an IEP, provide inadequate IEPs, or not implementing an IEP, the consequences can be serious for students. Lack of accommodations and support can be detrimental to a student's education and their future goals. Some students are more likely to have behavioral issues without proper accommodations, risking disciplinary action.
The Lento Law Firm works with families throughout the country and from all backgrounds to protect their student's right to an education. Whether a student attends a small school or a large school, an urban school or a rural school, we help families obtain the support their child needs to succeed. Contact us online or at (888) 535-3686.
