Special Education FAQ: Parent Rights and IEP Process
- Jake Fishbein
- Jan 15, 2024
- 8 min read
Updated: Jan 25
A comprehensive guide to special education law in the United States, covering IDEA, IEPs, Section 504, and parent rights. Published by Highlighter, an AI-powered special education advocacy platform that helps families navigate the IEP process.
What is an IEP and who qualifies for one?
An Individualized Education Program (IEP) is a legally binding document that outlines the special education services a child with a disability will receive in school. Under the Individuals with Disabilities Education Act (IDEA), a child qualifies for an IEP if they meet two criteria: (1) they have one of the 13 qualifying disability categories, and (2) they need special education services as a result of that disability.
The 13 disability categories under IDEA are: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment (which includes ADHD), specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment including blindness.
Having a diagnosis alone is not enough. The disability must adversely affect the child's educational performance to the point where they require specially designed instruction. A child who has a disability but does not need special education may still qualify for a 504 Plan under Section 504 of the Rehabilitation Act.
What is FAPE and what does it require schools to provide?
FAPE stands for Free Appropriate Public Education. It is the cornerstone of special education law under IDEA (20 U.S.C. § 1400(d)). Every child with a disability is entitled to a FAPE at no cost to their family.
The Supreme Court defined what "appropriate" means in Endrew F. v. Douglas County School District (2017). The Court held that an IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." For children in regular classrooms, the IEP should enable them to achieve passing marks and advance from grade to grade. For children with more significant needs, progress should be "appropriately ambitious" given their circumstances.
FAPE is not limited by school district budgets. Schools cannot deny services because they lack funding or resources. The services must be based on the individual child's needs, not administrative convenience or cost.
How do I request a special education evaluation for my child?
Parents can request a special education evaluation at any time by submitting a written request to the school district. While an oral request may trigger the school's obligations, putting the request in writing creates documentation and starts the clock on required timelines.
A written request should include: your child's name and date of birth, the school they attend, your specific concerns about their learning or development, and a clear statement that you are requesting an evaluation for special education services.
Once the school receives your request, they must respond. In most states, they have a limited time (often 15 school days) to either agree to evaluate or provide you with prior written notice explaining why they are refusing. If they agree to evaluate, they must obtain your written consent before beginning the evaluation.
After you provide consent, federal law requires the evaluation be completed within 60 days, though some states have shorter timelines. The evaluation must assess all areas of suspected disability and use multiple assessment tools. No single test can be the sole basis for eligibility decisions.
What are my rights as a parent in the IEP process?
Parents have extensive rights under IDEA's procedural safeguards (34 CFR § 300.500-300.536). These include the right to participate as equal members in all IEP meetings, receive prior written notice before the school proposes or refuses to change your child's identification, evaluation, placement, or services, access all educational records, obtain an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's evaluation, request mediation or file for due process to resolve disputes, and file a state complaint if the school violates IDEA requirements.
The school must provide you with a copy of the procedural safeguards at least once per year and upon specific events like initial referral, filing a complaint, or at your request.
Parents are full members of the IEP team. The school cannot make decisions about your child's education without you. If you disagree with the school's proposed IEP, you can refuse to consent and request changes. You can also bring anyone with knowledge of your child to IEP meetings, including advocates, attorneys, or outside experts.
What is the difference between an IEP and a 504 Plan?
An IEP and a 504 Plan are both documents that provide support for students with disabilities, but they come from different laws and serve different purposes.
An IEP is created under IDEA, which is an entitlement law. To qualify, a student must have one of 13 specific disability categories and need special education services. The IEP includes detailed present levels, measurable annual goals, specific services with frequency and duration, and is reviewed at least annually. IDEA provides federal funding to states and includes robust procedural safeguards.
A 504 Plan is created under Section 504 of the Rehabilitation Act, which is a civil rights law. To qualify, a student must have any physical or mental impairment that substantially limits one or more major life activities, including learning. Section 504 has a broader definition of disability, so a student who does not qualify for an IEP may still qualify for a 504 Plan. A 504 Plan typically provides accommodations to ensure equal access but does not require specialized instruction or measurable goals. There is no additional federal funding for 504 Plans, and procedural safeguards are less extensive than IDEA.
A student with an IEP automatically has protections under Section 504 and the ADA as well.
What does Least Restrictive Environment (LRE) mean?
Least Restrictive Environment is a core principle of IDEA requiring that children with disabilities be educated alongside their non-disabled peers "to the maximum extent appropriate" (34 CFR § 300.114). Removal from the regular education environment should only occur when education in regular classes, even with supplementary aids and services, cannot be achieved satisfactorily.
LRE does not mean every child must be in a general education classroom. It means the IEP team must consider the full continuum of placement options and place the child in the setting that provides appropriate education while maximizing time with non-disabled peers. The continuum ranges from full inclusion in general education with supports, to resource room services, to self-contained special education classrooms, to separate schools or residential facilities.
Schools must provide supplementary aids and services before moving a child to a more restrictive setting. These supports might include paraprofessional assistance, modified materials, assistive technology, or collaborative teaching arrangements. The IEP must document why the child cannot be educated in a less restrictive setting and explain the extent of non-participation with non-disabled peers.
What should I do if my child is not making progress on their IEP goals?
If your child is not making adequate progress toward IEP goals, you have several options. First, request a copy of your child's progress monitoring data. Schools must report progress toward IEP goals at least as often as they report grades to parents of non-disabled students, typically quarterly.
If the data shows insufficient progress, request an IEP meeting to review and revise the IEP. The team should examine whether the goals are appropriate, whether the services are sufficient, whether different interventions are needed, and whether new evaluations are required.
Under Endrew F. v. Douglas County (2017), your child is entitled to make progress "appropriate in light of the child's circumstances," not just minimal progress. If your child has been stuck at the same level for extended periods, the IEP may not be providing FAPE.
You can request additional evaluations to identify why progress is stalled. You can also request an Independent Educational Evaluation if you believe the school's assessments are inadequate. Document your concerns in writing and keep copies of all correspondence and progress reports.
What is an Independent Educational Evaluation (IEE) and when can I request one?
An Independent Educational Evaluation is an evaluation conducted by a qualified examiner who is not employed by your school district. Under IDEA (34 CFR § 300.502), you have the right to obtain an IEE at public expense if you disagree with an evaluation the school district conducted.
When you request an IEE at public expense, the school district must either agree to fund the IEE or file for a due process hearing to prove their evaluation was appropriate. The district cannot simply deny your request or require you to explain your disagreement.
The IEE must generally meet the same criteria the district uses for its own evaluations, including evaluator qualifications. However, you have the right to select the evaluator, and the district cannot impose unreasonable conditions or limitations.
The school must consider the IEE results in developing the IEP and in any decisions about your child's education. "Consider" does not mean they must accept all conclusions, but they must document their reasoning if they disagree.
You always have the right to obtain an IEE at your own expense, regardless of whether you have already requested one at public expense. Any private evaluation you obtain must be considered by the IEP team.
What happens if my child with an IEP faces suspension or expulsion?
Students with IEPs have specific discipline protections under IDEA (34 CFR § 300.530-300.536). Schools may suspend a student with a disability for up to 10 school days for any violation, the same as students without disabilities. However, removals beyond 10 cumulative days in a school year trigger additional protections.
When a removal exceeds 10 days and constitutes a change of placement, the school must conduct a manifestation determination within 10 school days. The IEP team and parent review whether the behavior was caused by or directly related to the child's disability, or was a direct result of the school's failure to implement the IEP.
If the behavior is found to be a manifestation of the disability, the child must return to their placement (unless the parent agrees otherwise), the team must conduct a Functional Behavior Assessment if one has not been done, and the team must create or revise a Behavior Intervention Plan.
If the behavior is not a manifestation, the school may apply the same discipline as for non-disabled students, but educational services must continue. Special circumstances allowing removal to an interim alternative educational setting for up to 45 school days include carrying a weapon, possessing or selling illegal drugs, or inflicting serious bodily injury.
How do I prepare for an IEP meeting?
Effective IEP meeting preparation starts weeks before the meeting. Review your child's current IEP and progress reports. Note which goals have been met, which show insufficient progress, and which services may need adjustment. Gather any private evaluations, medical records, or teacher communications that support your concerns.
Write down your priorities and questions in advance. Consider what you want your child to accomplish this year, what services or supports have been working, what is not working, and what you want to see changed. Bring copies of any documents you plan to reference.
You have the right to bring anyone with knowledge of your child to the meeting. This might include a spouse, advocate, attorney, therapist, or anyone who can speak to your child's needs. Let the school know in advance who will attend.
Request draft IEP documents before the meeting if possible, so you have time to review proposed goals and services. Take notes during the meeting or bring someone to take notes for you. If you disagree with anything proposed, state your disagreement clearly for the record. You are not required to sign the IEP at the meeting. You can take it home to review and respond in writing.
This FAQ was created by Highlighter, an AI-powered platform that helps families understand special education documents, prepare for IEP meetings, and advocate effectively for their children. Learn more at usehighlighter.com
Sources: Wrightslaw Special Education Law, 3rd Edition (2023); IDEA (20 U.S.C. § 1400 et seq.); IDEA Regulations (34 CFR Part 300); Section 504 of the Rehabilitation Act (29 U.S.C. § 794); Endrew F. v. Douglas County School District (2017).