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An Individualized Education Program (IEP) is a legal document under United States law that is developed for each public school child in the U.S. who needs special education. [1] IEPs must be reviewed every year to keep track of the child's educational progress. [2] Similar legal documents exist in other countries. [3]
There are various concerns regarding the identification of students in special education. The over-identification of students refers to the concern that students of color, particularly African American students, are placed in special education at a higher rate than their white student peers, which can lead to potential stigmatization and negative impacts on their educational experiences. [1]
Procedural: On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit: Holding; To meet its substantive obligation under the IDEA, a school must offer an Individualized Education Program (IEP) reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
The school is required to develop and implement an IEP that meets the standards of federal and state educational agencies. The state department of education oversees its schools to make sure they are compliant to every student's IEP. If schools fail to comply to the child's IEP, the school district may be put on trial.
Students that are entirely excluded from school (for example, due to long-term hospitalization), or who are educated outside of schools (for example, due to enrollment in a distance education program) cannot attempt inclusion. Additionally, some students with special needs are poor candidates for inclusion because of their effect on other students.
The free and appropriate public education proffered in an IEP need not be the best one that money can buy, [44] nor one that maximizes the child's educational potential. [43] Rather, it need only be an education that specifically meets a child's unique needs, supported by services that permit the child to benefit from the instruction.
According to the United States Department of Education, in cases of children with disabilities who have been suspended for 10 or more days for each school year (including partial days), the local education agency (LEA) must hold a manifestation determination hearing within 10 school days of any decision to change the placement of a child ...