BRIEF HISTORY OF IEP
1954
In the U.S. Supreme Court case of Brown v. Board of Education, the Court held that African American
children had the right to equal educational opportunities and that racial discrimination in public schools
was unconstitutional. After the decision in Brown, parents of students with disabilities began to bring
lawsuits against their school districts for excluding and segregating their children with disabilities. The
argument was based on the fact that by excluding students, schools therefore discriminated against the
students because of their disabilities.
1965
Congress enacted the Elementary and Secondary Education Act (ESEA) in 1965. This Act helped provide
resources to school districts to help ensure that students with disabilities had access to quality education.
In 1966, the Act was amended to establish a grant program to help states initiate and improve
educational programs for students with disabilities.
1970
The 1966 ESEA grant program was replaced by the Education of the Handicapped Act. The Act
established a new grant program that further provided educational resources and programs for students
with disabilities. However, this program did not include any specific mandates on the use of the funds
provided by the grants nor did the program show to have significantly improved the education of students
with disabilities.
The landmark court cases of Pennsylvania Assn. for Retarded Children v. Commonwealth of
Pennsylvania and Mills v. Board of Education of District of Columbia launched an investigation into the
status of students with disabilities not receiving adequate education throughout the country.

In Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania, the court found
that a Pennsylvania law that allowed public school to deny free education to children who had not
reached the mental age of five was unconstitutional and that Pennsylvania was responsible for
providing free public education to all children regardless of whether or not the child had a
disability.

The Mills v. Board of Education of District of Columbia case was very similar to Pennsylvania
Assn. for Retarded Children v. Commonwealth of Pennsylvania. The Mills court ruled that all
students are entitled to free public education appropriate to their needs.
1975
IEP was first introduced into school systems when the right of students with disabilities to attend public
schools were legally recognized under the Education for All Handicapped Children Act (EHA) in 1975.
Prior to the Act, many students with disabilities were not allowed to attend school at all.
The Act contained provisions allowing students with disabilities to be placed in the “least restrictive
environment” in order to allow students to have the opportunity to interact with their non-disabled peers.
However, the Act was also limited by the fact that it only allowed separate schooling for children with
disabilities when the disability was so severe that educational goals could not be reached in the typical
classroom setting. This legislation was so important because it was the first time children with disabilities
were granted a legal right to education.
1986
In 1986, an amendment to the EHA added early intervention for infants and toddlers. The Law made it a
requirement for states that offer interdisciplinary educational services to disabled toddlers, infants, and
their families to receive financial grants. The financial grants provided an incentive for states to offer these
types of services while providing parents necessary early intervention educational services.
President Reagan had also signed the Handicapped Children’s Protection Act (HCPA) which allowed
parents the right to access their Child’s IEP and to permit parents to participate in the formation and
implementation of their child’s IEP. Further, if parents deem their child’s IEP unsuitable, they have the
right to a hearing under their State Education Department and to bring their case to state and/or federal
court.
1990
In 1990, the name of the Education of All Handicapped Children’s Act was changed to Individuals with
Disabilities Education Act (IDEA). IDEA required IEP to be designed with parental approval to meet the
needs of every child with a disability.
The Americans with Disabilities Act (ADA) was also passed. This Act prohibited discrimination on the
basis of disability in employment, services rendered by state and local governments, places of public
accommodation, transportation, and telecommunication services.
1997
A 1997 amendment to IDEA required all students with disabilities to participate in state and district-wide
assessments alongside their peers in general education as required by the Elementary and Secondary
Education Act of 1965. IDEA also initiated the use of individualized transition plans (ITP) to prepare
students for success in their adult lives. Now, IDEA provided disabled students with equal education as
their abled counterparts along with viable schooling options and individualized attention.
2001
In 2001, the No Child Left Behind Act (NCLB) was enacted to ensure that all children have the opportunity
to receive a high-quality education. This Act included that states were required to report on the progress
of traditionally underserved students which specifically included students with disabilities. The Act also
added technology assistance and loan programs to help schools get special education resources. Now,
the NCLB has been renamed the Every Student Succeeds Act which sets a framework for the states to
place goals for its schools to improve student performance.
2004
A 2004 amendment to IDEA changed the name of the law to Individuals with Disabilities Education
Improvement Act (IDEIA) and brought IDEA into conformity with the NCLB. The amendment required
early intervention for students, greater accountability and improved educational outcomes, and raised the
standards for instructors who teach special education classes.
The purpose of reauthorizing the IDEA was to increase the focus on accountability and improve
educational outcomes by emphasizing early intervention and research-based instruction. The Act now
requires special education teachers to be highly qualified. States must now report the progress of children
with disabilities on state and district assessments and are required to improve graduation and dropout
rates among children with disabilities.
Today
Now, IEP is utilized so that every student with a disability has an equal opportunity to receive the same
education as every other student. IEP is used to support and encourage a student’s educational goals
and can be modified whenever necessary as long as all parties are advised and agree with the
modifications.
(Source: Sabino, Lauren. “History of Individualized Education Program | Education
Alternatives.” History of Individualized Education Program | Education Alternatives, 22
Oct. 2020, easchools.org/2020/10/22/history-of-the-individualized-education-programiep/#:~:text=1975,to%20attend%20school%20at%20all.)
DEFINITION OF IEP/ BACKGROUND OF IEP
Each public-school child who receives special education and related services must have an
Individualized Education Program (IEP). Each IEP must be designed for one student and must
be a truly individualized document. The IEP creates an opportunity for teachers, parents, school
administrators, related services personnel, and students (when appropriate) to work together to
improve educational results for children with disabilities. The IEP is the cornerstone of a quality
education for each child with a disability.
To create an effective IEP, parents, teachers, other school staff--and often the student--must
come together to look closely at the student's unique needs. These individuals pool knowledge,
experience and commitment to design an educational program that will help the student be
involved in, and progress in, the general curriculum. The IEP guides the delivery of special
education supports and services for the student with a disability. Without a doubt, writing--and
implementing--an effective IEP requires teamwork.
This guide explains the IEP process, which we consider to be one of the most critical elements
to ensure effective teaching, learning, and better results for all children with disabilities. The
guide is designed to help teachers, parents and anyone involved in the education of a child with
a disability-develop and carry out an IEP. The information in this guide is based on what is
required by our nation's special education law--the Individuals with Disabilities Education Act, or
IDEA.
The IDEA requires certain information to be included in each child's IEP. It is useful to know,
however, that states and local school systems often include additional information in IEPs in
order to document that they have met certain aspects of federal or state law. The flexibility that
states and school systems have to design their own IEP forms is one reason why IEP forms
may look different from school system to school system or state to state. Yet each IEP is critical
in the education of a child with a disability.
(Source: “Archived: Guide to the Individualized Education Program.” Archived: Guide to
the Individualized Education Program,
www2.ed.gov/parents/needs/speced/iepguide/index.html#introduction. Accessed 3 Feb.
2023.)
The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special
education and related services to eligible students. But not every child who struggles in school
qualifies. To be covered, a child’s school performance must be “adversely affected” by a
disability in one of the 13 categories below.
1. Specific learning disability (SLD)
The “specific learning disability” (SLD) category covers a specific group of learning challenges.
These conditions affect a child’s ability to read, write, listen, speak, reason, or do math. Here
are some examples of what could fall into this category:
Dyslexia
Dyscalculia
Written expression disorder (you may also hear this referred to as dysgraphia)
SLD is the most common category under IDEA. In the 2018–19 school year, around 33 percent
of students who qualified did so under this category.
2. Other health impairment
The “other health impairment” category covers conditions that limit a child’s strength, energy, or
alertness. One example is ADHD, which impacts attention and executive function.
3. Autism spectrum disorder (ASD)
ASD is a developmental disability. It involves a wide range of symptoms, but it mainly affects a
child’s social and communication skills. It can also impact behavior.
4. Emotional disturbance
Various mental health issues can fall under the “emotional disturbance” category. They may
include anxiety disorder, schizophrenia, bipolar disorder, obsessive-compulsive disorder,
and depression. (Some of these may also be covered under “other health impairment.”)
5. Speech or language impairment
This category covers difficulties with speech or language. A common example is stuttering.
Other examples are trouble pronouncing words or making sounds with the voice. It also covers
language problems that make it hard for kids to understand words or express themselves.
6. Visual impairment, including blindness
A child who has eyesight problems is considered to have a visual impairment. This category
includes both partial sight and blindness. If eyewear can correct a vision problem, then it doesn’t
qualify.
7. Deafness
Kids with a diagnosis of deafness fall under this category. These are kids who can’t hear most
or all sounds, even with a hearing aid.
8. Hearing impairment
The term “hearing impairment” refers to a hearing loss not covered by the definition of deafness.
This type of loss can change over time. Being hard of hearing is not the same thing as having
trouble with auditory or language processing.
9. Deaf-blindness
Kids with a diagnosis of deaf-blindness have both severe hearing and vision loss. Their
communication and other needs are so unique that programs for just the deaf or blind can’t
meet them.
10. Orthopedic impairment
An orthopedic impairment is when kids lack function or ability in their bodies. An example is
cerebral palsy.
11. Intellectual disability
Kids with this type of disability have below-average intellectual ability. They may also have poor
communication, self-care, and social skills. Down syndrome is one example of a condition that
involves an intellectual disability.
12. Traumatic brain injury
This is a brain injury caused by an accident or some kind of physical force.
13. Multiple disabilities
A child with multiple disabilities has more than one condition covered by IDEA. Having multiple
issues creates educational needs that can’t be met in a program designed for any one disability.
( Source: Belsky, Gail. “What Is an IEP.” What Is an IEP | Understood,
www.understood.org/en/articles/what-is-an-iep. Accessed 3 Feb. 2023.)
The Basic Special Education Process Under IDEA
The writing of each student's IEP takes place within the larger picture of the special education
process under IDEA. Before taking a detailed look at the IEP, it may be helpful to look briefly at
how a student is identified as having a disability and needing special education and related
services and, thus, an IEP.
Step 1. Child is identified as possibly needing special education and related services.
"Child Find." The state must identify, locate, and evaluate all children with disabilities in
the state who need special education and related services. To do so, states conduct
"Child Find" activities. A child may be identified by "Child Find," and parents may be asked if the
"Child Find" system can evaluate their child. Parents can also call the "Child Find" system and
ask that their child be evaluated. Or —
Referral or request for evaluation. A school professional may ask that a child be evaluated to
see if he or she has a disability. Parents may also contact the child's teacher or other school
professional to ask that their child be evaluated. This request may be verbal or in writing.
Parental consent is needed before the child may be evaluated. Evaluation needs to be
completed within a reasonable time after the parent gives consent.
Step 2. Child is evaluated.
The evaluation must assess the child in all areas related to the child's suspected
disability. The evaluation results will be used to decide the child's eligibility for special
education and related services and to make decisions about an appropriate educational
program for the child. If the parents disagree with the evaluation, they have the right to take their
child for an Independent Educational Evaluation (IEE). They can ask that the school system pay
for this IEE.
Step 3. Eligibility is decided.
A group of qualified professionals and the parents look at the child's evaluation results.
Together, they decide if the child is a "child with a disability," as defined by IDEA.
Parents may ask for a hearing to challenge the eligibility decision.
Step 4. Child is found eligible for services.
If the child is found to be a "child with a disability," as defined by IDEA, he or she is
eligible for special education and related services. Within 30 calendar days after a child
is determined eligible, the IEP team must meet to write an IEP for the child.
Step 5. IEP meeting is scheduled.
The school system schedules and conducts the IEP meeting. School staff must:
contact the participants, including the parents;
notify parents early enough to make sure they have an opportunity to attend;
schedule the meeting at a time and place agreeable to parents and the school;
tell the parents the purpose, time, and location of the meeting;
tell the parents who will be attending; and
tell the parents that they may invite people to the meeting who have knowledge or special
expertise about the child.
Step 6. IEP meeting is held and the IEP is written.
The IEP team gathers to talk about the child's needs and write the student's IEP.
Parents and the student (when appropriate) are part of the team. If the child's
placement is decided by a different group, the parents must be part of that group as well.
Before the school system may provide special education and related services to the child for the
first time, the parents must give consent. The child begins to receive services as soon as
possible after the meeting.
If the parents do not agree with the IEP and placement, they may discuss their concerns with
other members of the IEP team and try to work out an agreement. If they still disagree, parents
can ask for mediation, or the school may offer mediation. Parents may file a complaint with the
state education agency and may request a due process hearing, at which time mediation must
be available.
Step 7. Services are provided.
The school makes sure that the child's IEP is being carried out as it was written. Parents are
given a copy of the IEP. Each of the child's teachers and service providers has access to the
IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the
accommodations, modifications, and supports that must be provided to the child, in keeping with
the IEP.
Step 8. Progress is measured and reported to parents.
The child's progress toward the annual goals is measured, as stated in the IEP. His or
her parents are regularly informed of their child's progress and whether that progress
is enough for the child to achieve the goals by the end of the year. These progress reports must
be given to parents at least as often as parents are informed of their nondisabled children's
progress.
Step 9. IEP is reviewed.
The child's IEP is reviewed by the IEP team at least once a year, or more often if the
parents or school ask for a review. If necessary, the IEP is revised. Parents, as team
members, must be invited to attend these meetings. Parents can make suggestions for
changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.
If parents do not agree with the IEP and placement, they may discuss their concerns with other
members of the IEP team and try to work out an agreement. There are several options,
including additional testing, an independent evaluation, or asking for mediation (if available) or a
due process hearing. They may also file a complaint with the state education agency.
Step 10. Child is reevaluated.
At least every three years the child must be reevaluated. This evaluation is often
called a "triennial." Its purpose is to find out if the child continues to be a "child with
a disability," as defined by IDEA, and what the child's educational needs are. However, the child
must be reevaluated more often if conditions warrant or if the child's parent or teacher asks for a
new evaluation.
(Source: “Archived: Guide to the Individualized Education Program.” Archived: Guide to
the Individualized Education Program,
www2.ed.gov/parents/needs/speced/iepguide/index.html#introduction. Accessed 3 Feb.
2023.)
Contents of the IEP
By law, the IEP must include certain information about the child and the educational program
designed to meet his or her unique needs. In a nutshell, this information is:
Current performance. The IEP must state how the child is currently doing in school (known as
present levels of educational performance). This information usually comes from the evaluation
results such as classroom tests and assignments, individual tests given to decide eligibility for
services or during reevaluation, and observations made by parents, teachers, related service
providers, and other school staff. The statement about "current performance" includes how the
child's disability affects his or her involvement and progress in the general curriculum.
Annual goals. These are goals that the child can reasonably accomplish in a year. The goals
are broken down into short-term objectives or benchmarks. Goals may be academic, address
social or behavioral needs, relate to physical needs, or address other educational needs. The
goals must be measurable-meaning that it must be possible to measure whether the student
has achieved the goals.
Special education and related services. The IEP must list the special education and related
services to be provided to the child or on behalf of the child. This includes supplementary aids
and services that the child needs. It also includes modifications (changes) to the program or
supports for school personnel-such as training or professional development-that will be provided
to assist the child.
Participation with nondisabled children. The IEP must explain the extent (if any) to which the
child will not participate with nondisabled children in the regular class and other school activities.
Participation in state and district-wide tests. Most states and districts give achievement tests
to children in certain grades or age groups. The IEP must state what modifications in the
administration of these tests the child will need. If a test is not appropriate for the child, the IEP
must state why the test is not appropriate and how the child will be tested instead.
Dates and places. The IEP must state when services will begin, how often they will be
provided, where they will be provided, and how long they will last.
Transition service needs. Beginning when the child is age 14 (or younger, if appropriate), the
IEP must address (within the applicable parts of the IEP) the courses he or she needs to take to
reach his or her post-school goals. A statement of transition services needs must also be
included in each of the child's subsequent IEPs.
Needed transition services. Beginning when the child is age 16 (or younger, if appropriate),
the IEP must state what transition services are needed to help the child prepare for leaving
school.
Age of majority. Beginning at least one year before the child reaches the age of majority, the
IEP must include a statement that the student has been told of any rights that will transfer to him
or her at the age of majority. (This statement would be needed only in states that transfer rights
at the age of majority.)
Measuring progress. The IEP must state how the child's progress will be measured and how
parents will be informed of that progress.
(Source: “Archived: Guide to the Individualized Education Program.” Archived: Guide to
the Individualized Education Program,
www2.ed.gov/parents/needs/speced/iepguide/index.html#introduction. Accessed 3 Feb.
2023.)
IDEA is the federal law that provides protections for students with learning and
other disabilities • Among the key provisions are the right to a free and
appropriate education, placement in the least restrictive environment, and parent
participation • The law also establishes safeguards to ensure enforcement
The Individuals with Disabilities Education Act (IDEA) was enacted by the federal government to
ensure that all children with disabilities are provided with “equality of [educational] opportunity,
full participation, independent living, and economic self-sufficiency.”
Originally adopted in 1975 and amended in 2004, the IDEA aims to curb educational problems
associated with low expectations and insufficient focus on alternative research, teaching
methods, and tools. Following are the six major principles of the IDEA, focusing on students’
rights and the responsibilities of public schools to children with disabilities.
1. Free Appropriate Public Education
Under the IDEA, every child with a disability is entitled to a Free Appropriate Public Education
(FAPE). The IDEA emphasizes special education and related services, which should be
designed to meet a child’s “unique needs and prepare them for further education, employment,
and independent living.”
Furthermore, courts have held that the IDEA requires schools to prepare Individualized
Education Plans, which confer “meaningful educational benefit” to children with disabilities. The
“meaningful educational benefit” requirement includes a focus on raised student expectations,
appropriate progress, and transition into postsecondary education and independent living.
Public schools and local school boards are responsible for ensuring that every child with a
disability receives a FAPE.
2. Appropriate Evaluation
The IDEA requires that schools conduct “appropriate evaluations”of students who are suspected
of having a disability. An appropriate evaluation must be implemented by a team of
knowledgeable and trained evaluators, must utilize sound evaluation materials and procedures,
and must be administered on a non-discriminatory basis.
Children should not be subjected to unnecessary assessments or testing, and evaluations must
be geared toward planning for the child’s education and future instruction. Finally, an
appropriate evaluation must determine and make recommendations regarding a child’s eligibility
for special education services in a timely manner.
3. Individualized Education Plan
The Individualized Education Plan (IEP) was established by the IDEA to help ensure every
child’s access to a Free Appropriate Public Education. The IEP is a written document,
developed by an IEP team, which draws upon existing evaluation information in order to meet a
student’s unique educational needs.
Under the IDEA, an IEP must include information regarding a student’s present levels of
educational performance, annual goals and benchmarking objectives, services and
supplementary aids to be received, and a detailed explanation of instances where a student is
not participating in the general classroom and why.
An IEP is also required to include information regarding consistent reporting on student
progress as well as “transition” to adult life. Finally, it is required that an IEP account for the
planning concerns of the parents and child, the strengths of a particular child, and the specific
“academic, developmental, and functional needs” of the child.
4. Least Restrictive Environment
The IDEA places a strong emphasis on placement in a general education setting. Under the
IDEA, a student is guaranteed placement in the Least Restrictive Environment (LRE) possible.
Therefore, an IEP team must explore a number of alternatives for enabling a student to
participate in the general education classroom. These may include: classroom modifications,
supplemental aids and services, alternative instructional methods, etc.
If an IEP team determines that a student cannot be satisfactorily educated in a general
education setting, then the team must make responsible efforts to determine the LRE for that
student outside of the general classroom.
5. Parent Participation
The IDEA has a special provision for “parent participation in placement decisions.” Under this
provision, state educational agencies and local school boards must ensure that the parents of a
child with a disability are members of any group that makes decisions regarding the placement
and LRE of that child.
Parents have the right to equal participation in this process, and are entitled to notification of a
planned evaluation, access to planning and evaluation materials, and involvement in all
meetings regarding their child’s placement. Additionally, parents retain the right to refuse further
evaluation of their child. Both students and parents must be invited to IEP meetings, and the
IDEA explicitly establishes a role for the parent as equal participant and decision maker.
6. Procedural Safeguards
Finally, the IDEA establishes procedural safeguards to help parents and students enforce their
rights under federal law. The primary purpose of this requirement is twofold: safeguards protect
parental access to information pertaining to placement and transition planning; and procedures
are put in place to resolve disagreements between parents and schools regarding the
placement of a student.
Under the IDEA procedural safeguards, parents have a right to review all educational records
pertaining to their child, receive notice prior to meetings about their child’s evaluation,
placement, or identification, and to obtain an Independent Educational Evaluation (IEE) for
consideration at such meetings.
If disagreements arise, parents have the right to request mediation or due process hearings with
state-level education agencies, and beyond that may appeal the decision in state or federal
court.
(Source: Saleh, Matthew. “Your Child’s Rights: 6 Principles of IDEA - Smart Kids.” Smart
Kids -, 8 Sept. 2014, www.smartkidswithld.org/getting-help/know-your-childs-rights/yourchilds-rights-6-principles-of-idea.)