IEPs and School Location
The fifth step in the special education process under the I.D.E.A.
The fifth step in the special education process is to implement a child’s Individualized Education Program (often called the “IEP”). After the IEP Team creates the IEP (and the parent agrees to it), the child’s special education program is put into action. Often, the child will stay at their current school which will provide the services and supports outlined in the IEP.
However, sometimes the current school is unable to carry out the IEP. This can happen if the school does not have a certain type of classroom setting, service, or other support required by IEP.
If the child’s current school cannot implement the IEP, there may be a discussion about whether a different school can. Deciding whether to change a child’s school placement is an important, nuanced decision, and requires the parent’s informed, written consent.
“Educational Placement” vs. “School Location”
People often talk about a child’s “educational placement,” but the law does not clearly explain what that means. Because of this, courts have tried to clarify and usually describe the “educational placement” as something in between the physical school a child goes to and the services/supports in their IEP.
For today’s newsletter, we can think of “educational placement” as the setting and services described in the child’s IEP (for example, a general education classroom with 60 minutes of speech-language therapy each week outside the classroom). We can think of “school location” as the actual school the child goes to (for example, “Vartan Elementary School”).
How does School Location Relate to the IEP?
The IEP outlines the special education services, supports, accommodations, and type of classroom that the child will receive (along with other information). Because of this, the IEP must be developed before any decisions can be made about which school a child will attend.
If a school does not have a certain service, classroom, or other support that the child needs, the school district must find a way to provide it. This could mean bringing the service/support to the school, or enrolling the child in a different school that already has everything outlined in the child’s IEP.
It is very important to note that we do not want a child’s IEP to exclude a support that the child needs just because the current school does not have that support. Failing to provide a child with a support they need violates the child’s legal right to a free appropriate public education (FAPE).
School Types
Schools generally fall into four big categories: traditional public schools, specialized schools, home instruction, and hospital or residential facilities. The Individuals with Disabilities Education Act (often called the “I.D.E.A.”) outlines important requirements when deciding where a child should go to school.
First, the I.D.E.A. requires that the physical school is as close to the child’s home as possible. Second, the I.D.E.A. requires that the child is educated alongside their nondisabled peers as much as possible—this includes academic, nonacademic, and extracurricular learning opportunities. The second requirement is called the “least restrictive environment” and is an important legal right in special education law.
The list below describes the four general school categories, starting with the least restrictive (traditional public schools) and ending with the most restrictive (hospital or residential facility):
Public Schools:
A public school is a school that’s paid for by the government and is part of the local school district where the child lives. Public schools usually have different types of classrooms, like general education classrooms, smaller specialized classrooms, and offer services like speech or physical therapy (inside and outside of the classroom) to help students with different needs. However, not every public school can provide everything a child’s Individualized Education Program (IEP) requires. If there are several public schools in the district, one might be able to meet the child’s IEP while another might not. In that case, the district might suggest moving the child to the school that can meet their needs.
Specialized Schools:
Specialized schools can be either public or private and are created to help children with disabilities. These schools might cater to a broad range of disabilities or focus on just one specific type. There are many types of specialized schools. We'll discuss them in more detail in a future newsletter, but for now, it's important to know that if a child can't get the support they need from the public school district, there may be a nearby specialized or private school that can help. Usually, if it's determined that a private school is the best fit, the public school district is responsible for covering the cost.
Homebound Instruction:
Homebound instruction is when a child gets most of their education at home. This is sometimes appropriate for children who have serious medical or mental health needs that cannot be supported in a traditional public school or specialized school. Homebound instruction is much more restrictive than a traditional public or specialized school.
Hospital or Residential Facility:
This is when a child gets most of their learning in the hospital or at a residential school. Some of these schools are public, while others are private, and the options depend on where the child lives. These places are considered highly restrictive for education.
Quick Note about Charter Schools: When it comes to special education, charter schools are usually treated like public schools. In some parts of the country, charter school districts are their own district and handle special education services for their students. In other parts of the country, like New York City, charter schools are considered part of the traditional public school district for the purpose of special education. This means that the traditional public school district is responsible for providing special education services for children with disabilities at charter schools in their area. We will cover charter schools and special education in more detail down the road, but for now, it can be helpful to think of charter schools as being traditional public schools when it comes to special education.
When Does a School Meet a Child’s Learning Needs?
When considering a certain school for a child, it can be helpful to consider these questions:
Does the school have the services, supports, classrooms, and other resources required by the child’s IEP?
Does the school environment support the child’s unique learning needs?
The second question is especially important and can be easy to overlook. Even if a school has all the services listed in the IEP, it may not be able to support a child’s unique learning needs.
For example, if a child has sensory needs that are heightened in busy, noisy environments, a large school with lots of students in hallways, lunchrooms, or at recess might not be appropriate (this will depend on the child) and could impact the child’s ability to benefit from the services and supports in their IEP.
Tip: It can be very helpful to talk to the child’s doctor, mental health provider, or another expert who knows the child in order to figure out what kind of school environment is most appropriate. An expert who understands the child’s learning needs may be able to provide guidance about whether the child needs a smaller school with fewer students, a larger school with additional support, or another type of learning environment.
Parents’ Right to “Meaningfully Participate” and School Observations
Under the I.D.E.A., parents have the right to “meaningfully participate” in decisions about their child’s special education program.
Before making any changes to a child’s educational placement or school location, the district must get the parent’s informed, written consent. An important part of this consent is the opportunity to observe a potential school before a child’s IEP is put into action.
If a parent is considering a different school location, it is important to visit the school (and classroom the child would be in) during school hours so that the parent can make an informed decision about whether the school meets their child’s needs.
Tip: When visiting a school to see if it might meet a child’s educational needs, it can be helpful to take notes or record a voice memo about the visit. Pay attention to things the child might need. For example, if the child uses an elevator, check if the school has one (or only has stairs). Or, if the child needs a smaller, quieter setting, look at how many students are there and if the environment feels calm or busy. This can help when deciding if the school is a good fit.
Important Timelines
Under the I.D.E.A., the school district must provide a child with special education services “as soon as possible” after the IEP is created.
Some states go a step further and note how many school or calendar days a school has to implement the IEP. For example, Rhode Island requires that the school district implement the IEP within ten school days of developing the IEP.
If you are unsure about your state’s timelines, it may be helpful to contact your local department of education or an education lawyer in your state to ask how long the school district has to put the IEP into action.
Tip: Always check to see if your state is counting days as “calendar days” or “school days.” Whether your state uses calendar or school days can have a big impact on timing.
What Happens After the IEP Is Implemented?
Once the IEP has been put into action, it is important to keep a close eye on how the child is doing in school—with learning, social interactions, and behavior.
Usually, one of two things will happen:
The child is doing well. If the child is making appropriate progress, then everything might be going as planned! The school will still need to update the parent regularly (based on what’s written in the IEP), and the IEP must be reviewed at least once a year. Parents can also ask for a meeting to review the IEP at any time. It is important to keep a close eye on progress reports, work samples, and feedback from the teachers and child to make sure that the child’s special education program is meeting their needs.
The parent has concerns. If the parent feels the IEP or school placement is not providing their child with an appropriate education, they have a few options:
Ask the school district for an IEP meeting to talk about concerns and possible changes to the program or school.
Request a mediation with the school and a neutral person (called a mediator) to try to work out any issues.
Start a more formal process called “due process” to challenge the IEP or school placement.
We will talk about “due process” more in a future newsletter, but for now, it can be helpful to know that due process involves asking someone like a judge to listen to any concerns and decide if the child is getting the education that they are legally entitled to under the I.D.E.A.
Key Takeaways
There is so much to consider when putting a child’s IEP into action. Below are a few key takeaways to keep in mind throughout the process:
The fifth step in the special education process under the I.D.E.A. is to put the IEP into action.
An important part of putting the IEP into action is figuring out which school the child will attend.
The IEP is developed first and the child’s school is identified second.
The IEP must include any services and supports that a child needs in order to receive a free appropriate public education, even if the child’s current school does not have a certain service and/or support.
Very often, the child will continue attending the same school that they attended before they had an IEP.
If the child’s school cannot implement the IEP, the public school district must make sure that the child attends a school that can.
The I.D.E.A. requires that the child attend a school as close to their home as possible, and that they are educated to the greatest extent possible alongside their nondisabled peers.
There are different types of school locations, including traditional public schools (which generally include charter schools), specialized schools, homebound instruction, and hospital or residential facilities.
Parents have the right to “meaningfully participate” in decisions about their child’s special education program, which generally includes the right to observe any school that the district recommends.
It can be helpful to observe a potential school (and classroom) during school hours to get a sense of what the school would be like for the child if they were to attend.
The I.D.E.A. requires that the school district implement the IEP “as soon as possible” after the IEP has been created (and many states have specified a certain amount of days that the school district has to begin providing special education services).
After the IEP has been put into action, the parent may find that the child is receiving a free appropriate public education or the parent may have concerns that the program is not meeting their child’s needs.
If the parent has concerns, they can ask the school district to meet to discuss those concerns, request mediation to resolve any issues, or ask a judge-like person to decide if the child is receiving an appropriate education (called “due process”).
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 weekend and I look forward to connecting next week.
All the very best
Ashley
Notes
34 C.F.R. § 300.323 - When IEPs must be in effect.
34 C.F.R. § 300.320 - Definition of individualized education program.
Vanderbilt Iris Center, Information Brief: Least Restrictive Environment.
AW v. Fairfax County School Board, 372 F.3d 674 (4th Cir. 2004).
Perry A. Zirkel, Stay-Put Under the IDEA, 404 Ed. Law Rep. 398 (2022).
Honig v. Doe, 484 U.S. 305 (1988).
Perry A. Zirkel, Parental Participation: The Paramount Procedural Requirement under the IDEA?, 15 Conn. Pub. Int. L.J. 1 (2015).
I'm so glad you followed the law in your posts. Too often I fear the placement step (5th in your sequence?) is mixed up with the the IEP step. I fear schools offer too many students and families only some special versions of "programs" (e.g., the "LD Program" or the "Behavior Program") regardless of their unique educational needs.