One of the most critical tools for students with disabilities is the education plan, specifically the Individualized Education Program (IEP). This document isn’t just helpful—it’s legally required for eligible students under federal law.
Understanding what must be included in an IEP, how one is created, and what rights you have during the process can help you better support your child.
At the Law Offices of Joseph M. Fein, in Cedarhurst, New York, I know how important it is for parents and guardians to feel confident that their child is receiving the support they're entitled to under the law.
Here, we’ll break down the legal obligations surrounding IEPs so families can work through the school system with clear expectations.
The Basics of The Individuals With Disabilities Education Act
The foundation for all IEPs lies in the federal Individuals with Disabilities Education Act (IDEA). This law requires public schools to provide children with disabilities a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
Every state must follow IDEA, although states can have their own regulations as long as they meet or go beyond the federal minimums. IDEA outlines who qualifies for an Individualized Education Plan, what services should be included, and how school districts must handle disagreements with parents.
Parents and students are provided with specific rights under this law:
Free appropriate public education (FAPE): Schools must provide educational services at no cost that meet a child’s unique needs.
Least restrictive environment (LRE): Children should be educated with their non-disabled peers whenever possible.
Parental participation: Families have the right to be involved in every part of the IEP process.
Procedural safeguards: These include the right to review records, attend meetings, and challenge school decisions through due process.
These secure the legal structure that schools must follow when developing and implementing an education plan.
Who Qualifies For An Individualized Education Plan
Not every student who struggles in school is eligible for an Individualized Education Plan. IDEA lists 13 categories of disabilities that qualify a student for services. Some of these include:
Specific learning disability: Conditions like dyslexia or dyscalculia
Autism spectrum disorder: A range of developmental disorders affecting communication and behavior
Speech or language impairments: Challenges in articulation, fluency, or voice
Emotional disturbance: Conditions like anxiety disorders, depression, or bipolar disorder that impact learning
Other health impairment: Includes ADHD and chronic illnesses that affect attention or stamina
For a child to qualify, the disability must affect their ability to learn in a general education setting without additional support. Even if a child has a medical diagnosis, it doesn’t automatically trigger eligibility. A formal evaluation by the school is required.
The Process Of Developing An IEP
After a child is found eligible for an Individualized Education Program (IEP), the school must assemble an IEP team and develop an education plan tailored to the student's needs. This process includes several required steps and timelines.
The first legal step toward creating an IEP is the evaluation. This includes obtaining parental consent, where schools must get written permission before evaluating a child. Schools use various assessment tools, such as tests and observations, to measure cognitive, emotional, behavioral, and academic performance.
There are also timeline requirements, as federal law mandates evaluations be completed within 60 days of receiving parental consent, and states may have stricter timelines.
Once the evaluation is complete, the school schedules a meeting with the IEP team. This team usually includes the child’s parents or guardian, at least one general education teacher, at least one special education teacher, a school psychologist or evaluator, and a representative from the school district.
Other individuals, such as therapists or advocates, may be invited by the parents or school. This group works together to create the child’s education plan.
Under the Individuals with Disabilities Education Act (IDEA), every Individualized Education Plan must contain specific elements. These include the present levels of academic achievement and functional performance (PLAAFP), which is a snapshot of how the child is doing in school.
Measurable annual goals are specific, trackable goals that the child should achieve within a year. The IEP also outlines special education and related services, detailing the support the school will provide, such as speech or occupational therapy. It describes the child's participation with non-disabled peers, specifying how often the child will be removed from general education.
Testing accommodations, which are adjustments during standardized testing to provide fair access, must also be included. For students 16 and older, the Individualized Education Plan must include transition services, outlining post-secondary plans and support. Every section of an education plan is required by law and must be customized to fit the student’s actual needs.
How an IEP Is Implemented and Reviewed
Once finalized, the Individualized Education Plan becomes a legal contract between the family and the school district. Schools are legally required to follow it.
Schools must provide the services outlined in the education plan. If the plan states a student receives 30 minutes of speech therapy twice a week, that must happen—no exceptions. All teachers must have access to the Individualized Education Plan and be aware of their responsibilities under it.
Therapists and support staff must log their time with the student. Progress reports must be shared regularly, typically in line with report card schedules.
Federal law requires each IEP to be reviewed at least once per year. During the review, the team evaluates progress, updates goals, and adjusts services. Families have the right to request changes at any time, not just during the annual review.
Every three years, schools must reassess a student’s eligibility and update evaluations. Parents can request this sooner if necessary.
Resolving Disputes With the School
Disagreements between families and schools about an education plan are common. When conflicts arise, several legal options are available.
Informal Resolution
Parents can always request a meeting to discuss their concerns. Many disagreements are settled through conversation or clarification.
Formal Dispute Options
If informal solutions don’t work, families can pursue:
Mediation: A neutral third party helps both sides reach an agreement.
Due process hearing: A legal procedure similar to a court trial. Both sides present evidence, and a hearing officer makes a binding decision.
State complaints: Parents can file a written complaint with the state education agency, which must investigate within 60 days.
Civil lawsuits: If parents disagree with a hearing outcome, they can take the case to federal or state court.
These processes can be time-consuming and emotionally challenging, but they’re important protections built into the law.
The Difference Between an IEP and a Section 504 Plan
Sometimes, families confuse IEPs with 504 plans. While both support students with disabilities, they’re governed by different laws and have different legal requirements.
Law that applies: IEPs are covered by IDEA. Section 504 plans fall under the Rehabilitation Act of 1973.
Eligibility standards: IEPs are only for students who meet the specific disability categories in IDEA. 504 plans apply to any student with a disability that affects a major life activity.
Services offered: IEPs include special education services and instruction. 504 plans provide accommodations but not special education.
Procedural protections: IEPs have more detailed legal requirements, including timelines, team members, and review processes.
Understanding which plan your child qualifies for is essential to making sure they get the right services. While a 504 plan may be more appropriate in some cases, an education plan under IDEA offers more comprehensive protections.
Contact Me Today
An education plan can have a lasting effect on your child’s future. At the Law Offices of Joseph M. Fein, I, Joseph Fein, provide representation in Cedarhurst, New York, and across Nassau County, New York, Long Island, New York, and all five boroughs. If you’re concerned about how your school district is managing your child’s rights or you need help during the Individualized Education Plan process, reach out today.
