Rights and Daily Life

What Is an IEP?

What Is an IEP?

An IEP, or individualized education program, is a written plan a public school must create for each child who qualifies for special education under the federal Individuals with Disabilities Education Act (IDEA). It sets out your child's current performance, measurable annual goals, and the special education, related services and accommodations the school will provide, at no cost to you. You, your child's teachers and a school district representative write it together, and it's reviewed at least once a year. Compare it with a 504 plan.

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What an IEP Is and What IEP Means

IEP stands for individualized education program. It’s a written plan for a child with a disability who needs special education, created under the federal Individuals with Disabilities Education Act (IDEA). Many people say “individualized education plan,” which means the same thing.

The IEP is the core of your child’s right to a free appropriate public education (FAPE). Under IDEA, public schools must make FAPE available to every eligible child from age 3 through 21. That education must be provided at public expense, without charge to you, and must follow the IEP.

In plain terms, the IEP answers four questions:

  • Where is my child now? A statement of current academic and functional performance.
  • What should my child achieve this year? Measurable annual goals.
  • What will the school do? The special education, related services (such as speech or occupational therapy) and supports it will provide, and how often, where and for how long.
  • How will you know it’s working? How progress is measured and when you’ll get progress reports.

An IEP isn’t the only school plan for a child with a disability. A 504 plan covers students who need accommodations but not special education. The IEP vs 504 comparison shows which fits your child.

Who Qualifies for an IEP

Two things have to be true. Your child must have a disability in one of IDEA’s categories, and because of it, need special education and related services. A diagnosis alone isn’t enough; a child who does well without specialized instruction may not qualify for an IEP, though a 504 plan may still help.

IDEA’s regulations define 13 disability terms:

IDEA category Examples from the federal definitions
Autism A developmental disability significantly affecting communication and social interaction, generally evident before age 3
Deaf-blindness Combined hearing and vision loss
Deafness Hearing loss so severe the child can’t process language through hearing
Emotional disturbance Emotional or behavioral patterns over a long period and to a marked degree, such as pervasive depression; includes schizophrenia
Hearing impairment Permanent or fluctuating hearing loss not counted as deafness
Intellectual disability Significantly below-average intellectual functioning with deficits in adaptive behavior
Multiple disabilities Combined impairments, such as intellectual disability with blindness
Orthopedic impairment Severe orthopedic impairment, such as from cerebral palsy or amputation
Other health impairment Limited strength, vitality or alertness from conditions such as ADHD, asthma, diabetes or epilepsy
Specific learning disability Trouble listening, thinking, speaking, reading, writing, spelling or doing math, including dyslexia
Speech or language impairment Stuttering, articulation, language or voice disorders
Traumatic brain injury An acquired brain injury caused by external force
Visual impairment including blindness Vision loss that affects learning even with correction

States may also use developmental delay for children ages 3 through 9 whose physical, cognitive, communication, social or emotional, or adaptive development is delayed. Social Security uses its own, separate standards for children; see childhood conditions SSA lists.

How the IEP Process Works, Start to Finish

The order matters here, and federal rules set several deadlines.

  1. Ask for an evaluation. Either you or the school can request an initial evaluation. Put your request in writing to the principal or the district’s special education office, date it and keep a copy. Something as simple as: “I am requesting a full and individual evaluation of my son, [name], for special education services. I am concerned about his reading and attention.”
  2. Give consent. The school must get your informed written consent before evaluating. Consenting to an evaluation is not consent to services.
  3. The evaluation. It must be finished within 60 days of receiving your consent, or within your state’s timeframe if the state sets a different one.
  4. The eligibility decision. A group including you decides whether your child qualifies.
  5. The first IEP meeting. It must take place within 30 days of deciding your child needs special education.
  6. Consent to services. You give separate consent before services begin. Services must start as soon as possible after the IEP is written.
  7. Annual review. The team reviews the IEP at least once a year, and an IEP must be in place at the start of each school year.
  8. Reevaluation. At least once every 3 years, unless you and the school agree it’s not needed, and not more than once a year unless you both agree.
Step Federal timeline
Initial evaluation Within 60 days of parent consent, or the state’s timeframe
First IEP meeting Within 30 days of the eligibility decision
IEP review At least once a year
Reevaluation At least every 3 years; no more than once a year unless agreed
Transition plan No later than the first IEP in effect when your child turns 16
Notice of rights transferring At least one year before the age of majority under state law

Who Is on the IEP Team

The IEP team must include:

  • you, the parents;
  • at least one of your child’s regular education teachers, if your child is or may be in a regular class;
  • at least one special education teacher or provider;
  • a district representative who can supervise special education and knows the general curriculum and the district’s resources;
  • someone who can explain the evaluation results, who may be one of the people above;
  • others you or the school invite who know your child or have special expertise, such as a therapist or advocate;
  • your child, when appropriate. The school must invite your child when the meeting covers transition planning.

You are a full member, not a guest. The school must notify you early enough to attend and set a time and place you both agree on. If neither parent can attend, it must offer another way to take part, such as a phone call. It must provide an interpreter if you’re deaf or your native language isn’t English.

What Happens at the IEP Meeting

The team must consider your child’s strengths, your concerns, the latest evaluation results and your child’s academic, developmental and functional needs. It also considers special factors where they apply: behavior supports, language needs for English learners, Braille for a child who is blind, communication needs for a child who is deaf or hard of hearing, and assistive technology.

To prepare:

  • Read the evaluation report before the meeting and write down questions.
  • Bring a one-page list of your child’s strengths, what’s hard, and what you see at home.
  • Bring samples of schoolwork, notes from doctors or therapists, and any private evaluation.
  • Ask how each goal will be measured and when you’ll get progress reports.

The plan should also say how much time, if any, your child will spend outside the regular class, and what accommodations your child gets on state and district tests.

Ask questions until you understand each part. Before services begin the first time, the school needs your separate written consent, so you can take time to read the plan. The school must give you a copy of the IEP at no cost.

Your Rights as a Parent Under IDEA

IDEA calls these protections procedural safeguards. The school must give you a written notice of them once a school year, and also when you first request an evaluation, when you file your first complaint in a year, and any time you ask.

Your key rights:

  • Consent. No initial evaluation and no initial services without your informed consent.
  • Prior written notice. Before the school changes, or refuses to change, your child’s identification, evaluation, placement or services, it must tell you in writing what it’s doing and why.
  • Independent educational evaluation (IEE). If you disagree with the school’s evaluation, you can ask for an independent one at public expense. The school must either pay for it or file for a due process hearing to defend its own evaluation, without unnecessary delay. If you get a private evaluation, the school must consider it if it meets the district’s criteria.
  • Records. You can review your child’s education records.
  • Ways to resolve disputes. Mediation, a state complaint and a due process hearing.

Deadlines for Disputes

  • State complaint: a signed, written complaint to your state education agency about a violation within the past one year. The state has 60 days to investigate and issue a written decision. Send a copy to the school district at the same time.
  • Due process complaint: about a violation within two years of when you knew or should have known about it, unless your state sets a different limit. When you or the school files, the school must tell you about free or low-cost legal services in your area. It must also do so whenever you ask.

Where to Get Free Help With an IEP

Start with your child’s teacher or the school’s special education coordinator; many problems are fixed by a conversation and a written follow-up.

If that doesn’t work, every state and territory has a Protection and Advocacy (P&A) agency, according to the federal Administration for Community Living, which oversees 57 of them. P&As provide information, advocacy and, when needed, legal representation for people with disabilities, including students. Find your state’s agency through the state guides, such as Texas or Illinois.

This page explains the federal rules. Your state may add its own timelines or forms, and your state education agency or P&A can tell you what applies to your child.

Caring for a child with a disability can also affect money and health coverage. See SSI for children, Medicaid for people with disabilities and ABLE accounts for saving money for a child with a disability. If your child needs a 504 plan rather than an IEP, read what a 504 plan is.

Frequently Asked Questions

Does an IEP Cost Parents Anything?

No. Under IDEA, special education is specially designed instruction at no cost to parents, and the school must give you a copy of your child's IEP at no cost. Schools may still charge incidental fees that all students pay.

Can I Bring Someone to the IEP Meeting?

Yes. Federal rules let parents invite other people who have knowledge or special expertise about the child, such as a therapist, an advocate or a relative who knows your child well. You decide whether they have that knowledge.

What if I Can't Make the IEP Meeting?

The school must schedule the meeting at a mutually agreed time and place and give you notice early enough to attend. If neither parent can attend, it must offer other ways to take part, such as a phone call.

Can the School Change the IEP Without a Meeting?

Only if you agree. After the annual meeting, you and the school can agree in writing to amend the IEP without a full meeting. On request, you get a revised copy.

Does My Child Need a Medical Diagnosis to Get an IEP?

Eligibility comes from the school's evaluation, not a doctor's note. A diagnosis can be part of the information the team considers, and the school must consider a private evaluation you share if it meets the district's criteria.

What Happens to the IEP When You Move?

Within the same state, the new district must provide services comparable to the old IEP until it adopts that IEP or writes a new one. After a move from another state, it must provide comparable services until it evaluates your child, if needed, and writes a new IEP.

Can a Child With an IEP Also Get SSI?

Possibly. SSI for children has its own disability and family income rules, separate from IDEA. See SSI for children with disabilities.

More on Rights and Daily Life

This guide explains official rules in plain language. It isn't legal advice, and only the agency that runs a program can decide your case.

Sources

  1. eCFR: 34 CFR 300.8, child with a disability
  2. eCFR: 34 CFR 300.301, initial evaluations
  3. eCFR: 34 CFR 300.320, definition of IEP
  4. eCFR: 34 CFR 300.321, IEP team
  5. eCFR: 34 CFR 300.504, procedural safeguards notice
  6. eCFR: 34 CFR 300.502, independent educational evaluation
  7. U.S. Department of Education OCR: Section 504 FAPE FAQ
  8. ACL: Protection and Advocacy systems

disability.help is an independent publisher, not a government agency. To apply for Social Security disability benefits, go to ssa.gov. For VA disability compensation, go to va.gov.