Individualized Education Plan
(IEP)

What is an IEP?


“IEP” refers to a written statement or document for each child with a disability that is developed, reviewed, and revised in accordance with applicable sections of IDEA. The IEP is required to meet extensive procedural requirements, and the unique educational needs of a child with a disability to ensure the child receives a FAPE in the LRE.



Under 20 U.S.C. § 1414(d)(1)(A), an IEP must be a comprehensive document that has:

  1. A statement of the child’s present levels of academic achievement and functional performance, also known as Present Levels of Educational Performance (PLEP);

  2. A statement of measurable annual goals, including academic and functional goals, designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum and meets each other educational needs that result from the disability;

  3. A description of how the child’s progress toward meeting the annual goals described in “2” will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided;

  4. A statement of the special education and related services and supplementary aids and services the child will receive, detailing accommodations and modifications necessary to support the child’s access to education;

  5. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in “4”; and

  6. A list of any necessary accommodations to accurately measure the child’s performance on state and districtwide tests, and if taking an alternative assessment, why the child cannot take the regular one and why the chosen alternative is appropriate for the child.

The IEP process is extremely complex and difficult to navigate, and is governed by federal laws such as IDEA, 34 C.F.R. §§ 300.320-300.328 and corresponding state regulations, such as 8 NYCRR §§ 200 and 201.

Who is Eligible for an IEP?



To qualify for an IEP, a child must be properly evaluated and determined to have a disability under one of the categories recognized by IDEA through 20 U.S.C. § 1401(3) and 34 C.F.R. § 300.8, which include:

  • Autism

  • Deafness or Hearing Impairments

  • Intellectual Disabilities

  • Emotional Disturbance

  • Orthopedic Impairments

  • Speech or Language Impairments

  • Visual Impairments (including blindness)

  • Specific Learning Disabilities (e.g., dyslexia)

  • Traumatic Brain Injury

  • Other Health Impairments

If you believe your child is not receiving appropriate special education services, you can take action. Contact us at WNYFACES to learn more about how we can advocate for your child’s educational rights.

What is the IEP Process?

The IEP process is governed by strict legal timeliness and procedural safeguards to protect the rights of children and their families.

1) Initial Evaluation and Eligibility Determination;

  • A parent, teacher, or school staff member may refer a child for evaluation if they suspect a disability.

  • The school must conduct a full and individual initial evaluation at no cost to families within sixty (60) days of receiving parental consent under 34 C.F.R. § 300.301(c).

  • The CSE then determines based upon the evaluation results whether the child qualifies for an IEP.

2) IEP Development and Implementation;

  • If eligible, an IEP team, including parents, teachers, a school district representative, and other relevant professionals must develop an appropriate and compliant IEP within 30 days under 34 C.F.R. § 300.323(c).

  • The school must implement the IEP as soon as possible following development.

3) Annual Review and Re-evaluations;

  • The IEP must be reviewed at least once per year to update goals and services under 34 C.F.R. § 300.324.

  • A comprehensive re-evaluation must occur at least once every three years to determine ongoing eligibility and needs under 34 C.F.R. § 300.303.

What Are My Rights as a Parent?

Parents play a critical role in the IEP process and have legal rights under IDEA 20 U.S.C. § 1415, 34 C.F.R. §§ 300.500-300.536, including but not limited to:

  • The right to request an independent evaluation at no cost;

  • The right to participate in all IEP meetings;

  • The right to consent (or decline) special education services;

  • The right to challenge the school district’s decision through mediation, due process hearings, appeals to the SRO, or other formal complaints; and

  • Much more.

Section 504 of the Rehabilitation Act
(504 Plan)

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides:

"No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services

Does the District Have to Evaluate Under 504?


34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

How Does Section 504 Compare to an IEP?


Some children with disabilities may not qualify for an IEP under IDEA but may still be protected under Section 504 of the Rehabilitation Act of 1973 or 29 U.S.C. § 794 and 34 C.F.R. Part 104.

  • Section 504 Plans ensure that students with disabilities receive equal access to education through reasonable accommodations and modifications towards the general education curriculum.

  • Unlike an IEP, a 504 Plan does not require specialized instruction but provides accommodations such as extended test time, preferential seating or extended time.

  • Schools must still follow Child Find and identify, evaluate, and provide appropriate accommodations for students.

See Department of Education, Section 504 Resources