Legal Summary: IEP Compliance

Lindsey Hornbuckle
Dr. Michael Shuran
EDAS 5810
15 March 2015
IEP Compliance
The legal aspects of IEP (Individual Education Plan) for students is a legal topic that most
people really know nothing in depth about unless they have had first-hand experience, and even
then, stakeholders may still not know all the details, legally, involved in the process of a
students IEP. When dealing with IEPs for students, FAPE (Free Appropriate Public Education)
and IDEA (Individuals with Disabilities Education Act) are also factors that can be jeopardized if
IEPs are not followed accurately because the teacher(s) and school will not be in compliance
with federal law. According to Dr. Yell, Since the original passage of the law, the IEP has been
the heart and soul of every students special education program, and thus is the embodiment of a
students FAPE (2).
There are some basic legal requirements to follow that would be useful for all teachers to
review and be knowledgeable about:

Parents must be equal partners in the process of writing and discussing the IEP, and they

must be central in all decisions about their childs educational plan

The IEP team must include the following participants: (a) the students parents; (b) a
regular education teacher, if the student is or may be participating in general education;
(c) the students special education teacher or provider; (d) a representative of the public
agency who is qualified to provide or supervise the provision of special education (LEA);
(e) someone who can interpret the instructional implications of evaluation results, the
position can be another person who is already on the team (e.g., special education
teacher); (f) other persons the district or parent may invite; and (g) the student as

appropriate
The IEP must include the following components: (a) present levels of academic
achievement and functional performance; (b) measurable annual goals; (c) a description
of how progress toward meeting goals will be measured; (d) a statement of the needed
special education and related services and supplementary aids and services, based on
peer-reviewed research to the extent practicable, and a statement of the program
modifications or supports for school personnel; (e) an explanation of the extent, if any, to
which the child will not participate with non-disabled children in the regular class and in
[other] activities; (f) a statement of accommodations, if any, necessary in assessments

Legal Summary: IEP Compliance

and/or in assessment standards; and (g) the projected date, frequency, location and
duration of services and modifications. Also beginning with the first IEP when the

student turns14, or earlier if determined necessary by the case conference committee,

a transition plan must be included in the IEP
IEP meetings must be held at a mutually agreeable time and place. If a schools district
fails to make adequate efforts to schedule an IEP meeting at a time and place agreeable to
the parent as well as to the district, that failure may be a denial of FAPE.

Also, according to Dr. Yell, there are major errors that can be identified and avoided during
IEP development:

lack of parental involvement in IEP development

predetermination of the IEP services or placement
improper IEP team membership
conducting inadequate assessments or not conducting assessments
writing annual goals that are not measureable
failure to measure student progress
not providing an IEP that actually has an educational benefit.

Like any other special situation, there are always addendums and special exceptions that
could also play a role in the development of the IEP; however, if the IEP team ensures
compliance with the basic legal aspects and avoids the common errors in the development of
the IEP, then the teacher(s) and schools are following through with the students FAPE.
Also, educators need to remember that they can specifically be liable, as well as the school,
for not complying with a students IEP. The case Doe vs. Withers was the first case where the
teacher specifically had to pay penalties to the childs family for not complying with the IEP
(Thousand 4). Documentation is one of the most valuable tools for ensuring compliance in case a
teacher or special services department is ever called into question. According to Dr. Yell, If the
IEP team aligns the assessment, goals, services, and progress monitoring system and can show
that the student actually made progress under the special education program, the courts will
require no more of a school district (7).
Any special education student who is not receiving services according to the above
information, that teacher, school, administrators, etc. (all involved) could be held liable. This
could mean losing a job, licensure, money, reputation, etc. An administrator does not have
deniability if a student is not receiving the appropriate education he/she deserves; therefore, the
special services department is a department that an administrator will need to frequent to ensure

Legal Summary: IEP Compliance

compliance is taking place. We all need to remember that decisions need to be made in the best
interest of students- all students.

References
Segursky, A. Tips for writing, implementing, and monitoring compliant IEPs. Retrieved from
https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Special-EducationServices/Documents/2013%20Sp%20Leadership%20Mtg/Tips%20for%20Writing
%20Implementing%20and%20Monitoring%20Compliant%20IEPs.pdf.
Thousand, J. Laws related to special education that affect teachers. Retrieved from
http://lynx.csusm.edu/coe/ArchiveSyllabi/Fall2004/EDUC.350Law&Diversity.pdf.
Yell, M. Research to practice #2: avoiding errors in the IEP process. Retrieved from
https://ed.sc.gov/agency/programs-services/173/documents/Research-To-Practice-IEPerrors.pdf.

Legal Summary: IEP Compliance