Individualized Education Programs (IEP)

Who qualifies for an IEP

A student qualifies if they meet both of these conditions:

1. They have one of 13 IDEA disability categories (autism, specific learning disability, speech or language impairment, emotional disturbance, other health impairment including ADHD, and several others)
2. They need specialized instruction because of the disability to make progress in school

Both parts are required. A student can have a disability and not qualify for an IEP if they are making progress without specialized instruction. In that case, a 504 plan may be the right tool — different legal framework, less intensive service, different protections.

The evaluation process — timeline

If you suspect your child has a disability, the process starts with a written request for evaluation. Send it to the school principal, the district director of special education, or both. Keep a copy.

Once the school receives a written request:

• The school has 14 school days to respond (Illinois rule — ISBE)
• If the school agrees to evaluate, they send you a parental consent form — evaluation cannot begin until you sign
• After you sign consent, the school has 60 school days to complete evaluations
• Within 30 days after eligibility determination, an IEP meeting is held to develop the plan
• The IEP is implemented within 10 school days of the signed plan

If the school refuses to evaluate, they must give you written notice explaining why. You have the right to disagree and request a due-process hearing or mediation.

The IEP team

An IEP meeting must include:

• The parent(s) or guardian
• At least one regular-education teacher of the student (if the student is or may be in regular education)
• At least one special-education teacher
• A district representative who can commit resources
• Someone to interpret evaluation results
• Other people you or the district invite (advocate, outside specialist, related service providers)
• The student, when appropriate — required starting at age 14½ for transition planning

You have the right to bring anyone you want — an advocate, attorney, friend, or family member. Tell the school in advance so they can plan accordingly, but they cannot exclude your chosen participants.

What an IEP contains

• Present levels of academic achievement and functional performance — where the student is right now, academically and behaviorally
• Annual goals — measurable, specific goals for the year
• Services — specialized instruction, related services (speech therapy, occupational therapy, counseling, etc.), accommodations, and supplementary aids
• Service minutes — how many minutes per week of each service
• Location — where services are delivered (general education classroom, resource room, self-contained class, etc.)
• Accommodations and modifications — changes to how the student is taught and assessed
• Transition planning — starting at age 14½ in Illinois, the IEP must address post-school outcomes
• How progress will be measured and reported to parents
• Statewide assessment participation — how the student will take state tests, with or without accommodations

Least Restrictive Environment (LRE)

IDEA requires students to be educated in the least restrictive environment — meaning, to the maximum extent appropriate, with nondisabled peers. Removal from general education must be justified by the student's needs, not by school convenience. "Least restrictive environment" is a legal standard the IEP team must address at every meeting.

Parent rights

• Right to participate in all meetings and decisions about your child's special education
• Right to all educational records about your child (FERPA)
• Right to prior written notice before the school proposes or refuses to change identification, evaluation, placement, or FAPE
• Right to consent — the school cannot evaluate or begin services without your written consent
• Right to an independent educational evaluation (IEE) at public expense if you disagree with the school's evaluation
• Right to dispute resolution — mediation, state complaint, or due-process hearing
• Right to "stay-put" — during a dispute, the student remains in their current placement
• Right to a free appropriate public education (FAPE) — the core IDEA entitlement

Common problems and how to address them

The school won't evaluate your child

Put the request in writing and insist on a written response. If they refuse, the written refusal must state why and must include notice of your procedural rights. Contact Equip for Equality or a special-education attorney if the refusal seems unjustified.

The IEP doesn't include services you know your child needs

At the IEP meeting, state your concerns and put your requests on the record. If agreement cannot be reached, ask the team to document the disagreement in writing. You do not have to sign the IEP — consent is for initial placement; continuing changes you disagree with can be disputed without signing.

Services in the IEP aren't actually being delivered

Document what is happening (or not happening). Put your concerns in writing to the special-education director. If services are not being provided as the IEP requires, file a state complaint with the Illinois State Board of Education (ISBE).

Your child is being disciplined for behavior related to the disability

IDEA has specific procedural protections for discipline of students with disabilities. For any removal of more than 10 school days, the IEP team must conduct a manifestation determination — deciding whether the behavior was caused by or a manifestation of the disability. If it was, the student cannot be punished for it as if they did not have a disability.

Free help in Illinois

• Equip for Equality — the state's designated Protection & Advocacy agency for people with disabilities. Free legal help on special-education matters. 312-341-0022, equipforequality.org.
• Legal Council for Health Justice — disability and education advocacy. legalcouncil.org.
• Illinois Special Education Advocacy Program (ISEAP) at Loyola University Chicago School of Law.
• Family Resource Center on Disabilities (Chicago) — parent training and advocacy.
• Illinois State Board of Education — Special Education Division. ISBE can investigate state complaints and provides procedural safeguards information.