Developing Legally Correct and Educationally Appropriate IEPs

TLDR

The Individualized Education Program (IEP) has been the cornerstone of special education since the Education for All Handicapped Children Act of 1975. This article examines the relationship between the IEP and a free, appropriate public education and offers guidelines to help schools develop legally correct and educationally appropriate IEPs. The authors describe the IEP process, highlight procedural changes and new requirements from the 1997 Amendments, review due‑process cases illustrating common district mistakes, and provide practical guidelines for creating compliant IEPs.

Abstract

The Individualized Education Program (IEP) has been the cornerstone of special education since the Education for All Handicapped Children Act became law in 1975. We begin this article by examining the relationship between the IEP and a free, appropriate public education. Then we discuss the IEP process and highlight the procedural changes and new requirements mandated by the Individuals with Disabilities Education Act Amendments of 1997. Next, we present information from a number of due process hearings and cases that have involved IEPs to illustrate mistakes school districts often make that can result in rulings against a district. Finally, we provide guidelines to assist schools with developing legally correct and educationally appropriate IEPs.