What An IEP Entails and How To Tell If Your Child Needs One
Learn if your child qualifies for an IEP. This guide covers the eligibility criteria, parental participation, the IEP process, and how to challenge evaluations.
Ensuring your child receives the education they deserve.
An Individualized Education Program (IEP) is a tailored document that outlines the specific support and accommodations a child with special needs may require to succeed in school. These accommodations can vary widely, ranging from additional instructional time, one-on-one instruction, and specialized tutoring, to the provision of adaptive technology, assistive devices, or modifications to the curriculum. For some children, behavior support, counseling, or therapies such as occupational or speech therapy may be necessary. Other children might benefit from changes to the classroom environment, testing accommodations, transportation services, or access to specialized programs or schools.
Each IEP is unique, carefully designed to meet the individual needs of the child. The IEP team—comprising parents, teachers, and specialists—works collaboratively to identify and implement the most effective support strategies that will help the child thrive in their educational journey.
Our firm's team of experienced attorneys is dedicated to advocating for the rights of individuals with special needs. With over 55 years of combined experience in special education law, we are committed to ensuring that your child receives the best possible education. We collaborate with you and the school to develop and implement an IEP that accurately reflects your child's unique needs, ensuring compliance with the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.
We advocate for your child's placement in the least restrictive environment, and in cases of disputes with the school district, we provide representation in due process hearings to work towards a resolution that benefits your child. Our services extend to assisting with evaluations, implementing assistive technology, securing early intervention services, and setting up an Individualized Family Service Plan (IFSP). At The Law Offices of Sears and Sears P.C., we believe every child deserves a quality education, and we are committed to securing the best opportunities for your child's academic success.
Federal law does not specify particular medical conditions as qualifying criteria for an IEP. Instead, an IEP is granted when a child is adversely affected to the extent that they cannot perform at grade level when given instruction appropriate for that grade. The law considers various areas in which a child might be adversely affected, including oral and written expression, listening comprehension, basic reading skills, reading fluency and comprehension, and mathematics calculation and problem-solving.
It's important to note that while a medical condition may limit a child's educational development, having a medical condition is not a prerequisite for an IEP, nor does the absence of one disqualify a child. Each situation is unique, and many factors are considered when determining IEP eligibility. For a comprehensive evaluation of your child's situation, we recommend scheduling a consultation with The Law Offices of Sears and Sears P.C., where we can provide expert guidance.
An IEP, or Individualized Education Program, is a document that outlines the specific education services and supports that a child with a disability will receive in order to help them succeed in school. An IEP is developed by a team of educators and specialists and is tailored to meet the unique needs of the child. It can benefit a child by ensuring that they receive the appropriate education support that will help them reach their full potential.
The IEP process typically involves an evaluation of the child's strengths and needs, with input from the child's parents, and collaboration between the school district and the child's teachers and specialists. The IEP team will then develop a plan that includes specific goals, accommodations, and services to be provided to the child. The plan is reviewed and updated on an annual basis to ensure that the child is making progress.
If a school is not following a child's IEP, the parents can file a due process complaint and provide evidence in a due process hearing that shows the school is not following their child's IEP and/or is not providing their child with a Free Appropriate Public Education (FAPE).
To obtain an IEP, a child must be ‘adversely affected' in one of the developmental areas outlined in IDEA to the extent that they are not able to perform at grade level when given grade level instructions. The areas a child must be adversely affected in are numerous, examples include oral expression, mathematic problem solving, reading fluency, and many more. This means a child with a disability who is high-functioning and can perform grade level tasks may not necessarily qualify for an IEP, it also means a child with no diagnosed disabilities can qualify for an IEP if they show they are unable to perform at grade level.
The IDEA applies to children from birth to 21 years of age. If a child is found to have a qualifying disability, they are entitled to special education services under the IDEA until the age of 21.
An IFSP, or Individualized Family Service Plan, is a document that outlines the services and supports that will be provided to a child under the age of three who has a developmental delay or disability. An IFSP can benefit a child and their family by ensuring that they receive appropriate early intervention services to support the child's development.
Damages in the form of monetary compensation are typically not available in special education cases. The IDEA does not provide for compensatory damages. However, parents may be able to request reimbursement for attorney fees and other expenses if they prevail in a due process hearing or administrative complaint.
The IDEA, or Individuals with Disabilities Education Act, is a federal law that ensures that children with disabilities have the right to a free appropriate public education (FAPE). The IDEA requires that schools provide special education and related services to children with qualifying disabilities, and also includes provisions for parent participation, evaluation, and dispute resolution.
Section 504 is a federal law that prohibits discrimination on the basis of disability in programs and activities that receive federal funding. It applies to all public schools and is broader in scope than the IDEA, as it covers all students with disabilities, not just those who require special education services.
No, the school cannot force a child to be medicated. The IDEA requires that the school district conduct a comprehensive evaluation to determine if a child has a qualifying disability, and if medication is considered necessary for the child to access their education, the school must request the parents' consent before starting medication.
It is advisable to have your attorney present during any communication with the school district. This is to ensure that your rights and the rights of your child are protected, and that any information discussed will not damage your case. After hiring our firm, your attorney will act as your spokesperson and advocate on you and your child's behalf in any communications with school district representatives or court officials.
Zero. The IDEA contains an attorney fee shifting provision which requires the school district to pay your attorney's fees if you are “the prevailing party.” Notwithstanding, there is an exception. If we make a recommendation to you concerning the case and you do not listen or accept said advisement, and this causes you to lose your case, then you will have to pay our firm's fees. If your child's case involves a juvenile court matter, a separate hourly fee will apply.
Request a free consultation and our attorneys will provide expert legal advice for your situation, or click below to read our FAQ (Frequently Asked Questions), and see if your questions are answered there.
Learn if your child qualifies for an IEP. This guide covers the eligibility criteria, parental participation, the IEP process, and how to challenge evaluations.
Learn how IEPs function, the importance of personalized goals, and strategies to ensure your child's unique educational needs are met.
Explore the Supreme Court's "Endrew F." ruling on the IDEA Act. It redefines FAPE, and requires schools to individualize special education programs.
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