IEP Development

The fourth step in the special education process under the I.D.E.A.

Mar 27, 2025

There is a lot of discussion in the special education world about a document called an Individualized Education Program (also known as an “IEP”)... How to get an IEP, how to challenge it, how to put it into action. But what exactly is an IEP? When is an IEP legally valid? What does it cover and, importantly, what does it not include? And finally, what happens after the IEP is created?

The rights and obligations relating to IEPs fall under the Individuals with Disabilities Education Act (often called the “I.D.E.A.”) which provides a lot of information about creating and implementing a child’s special education program. Today we are going to deep dive into this process, and look at what the law says about the IEP document, IEP Team, and important legal rights that go along with it.

What is an IEP?

After a child is found eligible for special education services, the school district and parent(s) work together to create a detailed document about the child’s educational needs. This document is called an Individualized Education Program (often referred to as an “IEP”) and includes information about the child’s current performance, what supports and services the child will receive, how and when those services will be provided, and where those services will take place. The IEP also sets important goals for the child’s academic and developmental progress.

The IEP is a detailed (multi-page) document that includes information about the child’s development, the special education services/supports that the child will receive, as well as when, where, and how these services/supports will be provided. The IEP is also a legal document that must be followed by the child’s school district.

Why is the IEP so Important?

In many ways, the IEP is the heart and soul of a child’s special education program. It is essentially a blueprint for the child’s experience in school, and explains the exact services and supports the child will receive.

This is important because the document helps teachers, parents, and other professionals understand how to appropriately support the child’s learning and makes sure that everyone is working towards the same outcomes.

The IEP is also a legal document, meaning the school district must follow it. If the school does not follow the IEP, they may violate the child’s legal rights under the I.D.E.A., especially their right to a free appropriate public education (“FAPE”).

What Information is in the IEP?

The IEP is a very detailed document. Under the I.D.E.A., the IEP must include the following information:

Child’s Current Academic and Non-Academic Skills:
The IEP must explain how the child’s disability impacts their learning and participation in general education (or, for preschool students, in age-appropriate activities).
Measurable Annual Goals:
The IEP must include goals that explain what progress the child will make in the special education program. Each goal must explain how progress will be measured, how the IEP Team will know when the goal has been achieved (for example, a child is able to complete a certain task with 80% percent accuracy), and how often parents will get updates about the child’s progress.
Special Education, Related Services, and Supplementary Aids:
The IEP must state the exact services and supports that a child will receive. These services and supports must ensure that the child makes progress towards their measurable annual goals and in the general education curriculum. These services and supports must also ensure that the child participates in extracurricular and nonacademic activities and is educated to the greatest extent possible alongside peers who do not have a disability that impacts learning. If a child with a disability is not going to consistently participate in the same curriculum and/or activities as their peers who do not have a disability that impacts learning, the IEP must explain the extent, when, and why.
Start Date for Special Education Services and Supports:
When services, supports, and modifications will begin.
How Often Special Education Services and Supports Will Be Provided:
How often services and supports will be provided, where they will take place and for how long (for example: speech-language therapy in a one-to-one setting outside of the classroom three times/sessions per week for 60 minutes each session).
Assessment Accommodations:
Details about what accommodations (if any) a child will receive for state and district assessments. If a child will take a different assessment, the IEP must explain why the child cannot participate in the regular assessment and provide details about the alternate assessment.
Transition Services:
In general, when a child turns 16 (or younger if the IEP team or state says otherwise), the IEP must include measurable goals for the child when they are done with high school. These goals must be measurable and could include goals for training, education, employment, and independent living (depending on the child’s unique needs, goals, and development). The IEP also needs to include any transition services that the child needs in order to achieve those goals.
Transfer of Legal Rights:
A year before a child reaches the “age of majority” (which in most states is 18, but not every state), the IEP needs to include a statement that the child has been told about their rights under the I.D.E.A. and any other rights that will transfer to them at the age of majority.

The IEP Team must also consider “special factors” when creating a child’s IEP, including:

If a child requires behavioral support, using positive behavioral interventions,
If a child has limited English proficiency, how the child’s language needs relate to the IEP,
If a child is visually impaired, whether and how Braille will be used to support the child,
The child’s communication needs, and
Whether the child requires “assistive technology” supports.

Note: Assistive technology refers to any devices and/or services that a child receives to “increase, maintain, or improve” their functioning. Services can include an assistive technology evaluation, training, or other supports to make sure the child can use a certain device. An assistive technology device does not include a medical device that is surgically implanted.

What Information does NOT go into the IEP?

In general, the IEP does not specify which school a child will attend. We will talk about school placement in a later newsletter, but for now, it can be helpful to remember the IEP lays out the exact services and supports that a child needs in order to make appropriate progress.

If a school does not have a certain service or support that a child needs in order to get a free appropriate public education (FAPE), the school district must still make sure the child gets that service and/or support. This might mean providing the service at the child’s current school, another school in the district, or a specialized school.

If a child requires a certain service or support in order to receive a free appropriate public education, the school district is legally required to provide it, no matter the cost or availability.

Again, we will go into more detail about school placement later, but for now it can be helpful to remember that the IEP focuses on what the child needs (because the school district is ultimately responsible for fulfilling that need). How and where the child will receive those supports can be a complex and nuanced discussion which comes after the special education program is laid out.

How is the IEP Created?

The IEP is created by a group of people who work together to build the child’s special education program. This group is often called the “IEP Team.” The IEP Team meets to develop the child's IEP. This meeting may happen in person or remotely.

Tip: If a parent prefers to meet in person, or prefers to meet remotely, the parent can specifically request a certain format for the IEP meeting.

Meetings to develop a child’s IEP are essentially deep dives into the child’s current performance, needs, and development. These meetings often take several hours and sometimes take place over several days.

Under the I.D.E.A., the IEP Team must include:

The parent(s) of child with disability,
At least 1 regular education teacher for the child (if child is participating in a regular education environment),
At least 1 special education teacher or, if appropriate, at least 1 special education provider for the child,
A school district representative who is (a) qualified to provide (or supervise someone providing) special education services, (b) knowledgeable about the general education curriculum, and (c) knowledgeable about the school district’s resources,
Someone who can interpret the child’s evaluations (this might be someone who is also serving another role, such as a special education teacher),
Anyone else the parent wants to bring who has knowledge or special expertise about the child,
Anyone else the school district wants to bring who has knowledge or special expertise relating to the child, and
If appropriate, the child with a disability.

Note: A member of the IEP Team can be excused from all or part of the IEP meeting if the parent agrees in writing that the person can be excused, the school district agrees, and the team member provides written input about the child before the meeting.

Parents’ Rights Throughout the IEP Process

Under the I.D.E.A., parents have important legal rights before, during, and after the IEP is created, such as the right to…

Before the IEP Meeting

Look over any documents that will be used in the IEP Meeting
See their child’s complete school records
Share any outside documents the parent thinks will help the IEP Team, such as medical records or outside evaluations
Receive all communication from the school district in the parents’ preferred language

During the IEP Meeting

Participate in creating their child’s IEP
Have the concerns seriously listened to and considered when making the IEP
Invite others to the meeting, such as the child’s doctor, an outside evaluator, an advocate, family member, or friend
Have a qualified and trained interpreter at the meeting

Tip: If a parent would like an interpreter, it can be helpful if the parent asks the school district to provide an interpreter in their native/preferred language as far in advance as possible. The school district is legally required to provide a qualified interpreter. It can be helpful to make this request in writing.

After the IEP Meeting

Provide informed written consent before any special education services happen
Review the IEP in their native/preferred language
Challenge the IEP if the parent disagrees with the program

Important Timelines

When creating an IEP, there are a few key deadlines to remember. The deadlines below are set by I.D.E.A. and its related regulations, but some states may have different or additional deadlines. It is always a good idea to check with your local school district, department of education, or a special education law expert in your area to be sure.

Here are three important deadlines to keep in mind to ensure the special education process stays on track. The school district is responsible for making sure these timelines are followed.

Creating a Child’s First IEP:
A child’s initial IEP must be created within 30 days of finding that a child is eligible for special education.
Implementing a Child’s IEP:
A child’s IEP must be put into action “as soon as possible.”
Revising a Child’s IEP:
A child’s IEP must be revised at least once per year, but can be revised more frequently. A parent can request an IEP meeting at any time.

What if a Parent Disagrees with the IEP?

Ideally, creating a child's IEP is a collaborative process between the parent(s) and school district. Sometimes though, parents and school districts do not agree on how to meet a child's specific learning needs or what services the child should get.

Usually, when making an IEP, the school district writes down what the IEP Team talks about and adds it to the IEP document. This document is often a template that someone from the school district fills out (usually on a laptop) as the IEP Team decides what services and supports the child needs.

If a parent disagrees with the IEP, they have the right to challenge it. There are a few ways to do this:

Informal Challenge: The parent can share their concerns during an IEP meeting and ask the school district to reconsider certain parts of the program. They can also request to meet again with the IEP Team to discuss their concerns and ask for changes.
Formal Challenge: The parent can also challenge the IEP more formally. This can be done through mediation or a series of steps called "due process." Mediation involves a meeting with a trained professional who helps the parent and school district come to an agreement. Due process is when a parent writes a document called a “complaint” stating that their child’s rights were violated and asks for a “hearing officer” (who is like a judge) to tell the school district to take a certain action (such as provide the child with a certain special education service). We will dive into mediation and due process in much more depth, but for now, it can be helpful to know that these options are available.

Tip: If a parent disagrees, or has concerns, about the IEP, the parent can ask that their disagreement/concerns be noted in the IEP itself. Having their concerns accurately reflected is an important part of the parent’s right to participate in their child’s special education program.

What Happens After the IEP is Created?

After the IEP is created, the parent can either agree or disagree with it. In some states, the parent will receive a form that asks if the parent agrees in whole, in part, or disagrees completely with the IEP.

After the parent agrees in writing to the IEP (or part of the IEP), there is a discussion about what school the child will attend. We will talk about school placement in much more depth, but for now it is important to know that a school district cannot change a child’s school placement without the parent’s informed, written consent.

Once the IEP is put into action, the IEP Team should carefully track whether the services and supports are allowing the child to make appropriate progress. If not, the IEP Team should meet again to figure out what is (and is not) working, and make any changes to ensure the child is getting the education that they are legally entitled to receive.

Key Takeaways

There are so many moving pieces when creating a child’s IEP, below are a few key takeaways to keep in mind throughout this process:

The fourth step in the special education process is to develop a child’s Individualized Education Program (often called an “IEP”).
The IEP is a detailed document that lays out a child’s special education program, including the child’s academic and non-academic needs, measurable goals, the services and supports that a child will receive, and how often/where those supports will take place.
The Individuals with Disabilities Education Act (“I.D.E.A.”) creates the legal right to an IEP.
The IEP is created after a child is found eligible for special education services.
In general, the IEP does not include information about what school the child will attend, the IEP is focused on the child’s special education services/supports.
The IEP is created by the IEP Team which must include a specific group of people including the parents.
Under the I.D.E.A., parents have important legal rights before, during, and after the IEP is created.
Under the I.D.E.A., parents have the right to participate in creating the IEP, have their concerns carefully considered, review their child’s complete educational records, invite others (family, advocate, etc) to the meeting, have a qualified interpreter at the IEP meeting (provided by school), review the IEP in their native/preferred language, provide written consent before any special education services are put in place, and disagree with/challenge the IEP.
The child’s first IEP must be created within 30 days of finding the child is eligible for special education (always check to see if your state provides a different timeline).
The child’s IEP must be put into action “as soon as possible” (again, always check to see if your state provides a different timeline).
The child’s IEP must be revised at least once per year, but can be revised more frequently.
If a parent disagrees with the IEP, they can challenge the IEP, including asking the school district to address their concerns, going to mediation, or challenging the IEP in front of a “hearing officer” who is similar to a judge.
After the IEP is created, there is a decision about which school the child will attend and will put the IEP into action.
A child’s school placement cannot be changed unless the parent agrees to the change.

As always, thank you all so much for everything you do on behalf of children with disabilities every day. I hope everyone has a wonderful week and look forward to connecting next week.

All the very best,

Ashley