I had an individualized education plan for years. I struggled during my first years in school. I had to go to Kindergarten twice. Answering questions in class was torture. My elementary school teachers went so far as to tell my parents I was unable to learn. At age nine, I was tested by a school counselor.

Then a psychologist was invited to observe me. For decades I kept the report, which described antics like cheating, turning around in my chair, talking during instruction time, and failing to focus or do my work.

This became in part a reason for my interest in education, and later writing a book on the subject of learning.

My experience of having an individual education plan (IEP) and special education dates from the 1980s. While many students with disabilities are better served today given the push for more evidence-based services in inclusive environments, struggles remain. Individualized plans and programs are highly confusing, for one. For another, there are a growing number of lawsuits concerning how schools deem a child eligible for special education, and what services students receive as part of their IEPs.

Complaints over eligibility and IEPs are increasingly frequent, partly because the raw number of kids being identified as in need of individualized education programs has soared. In the last several years there have been notable lawsuits in Florida, Michigan, Iowa, and Oklahoma, but cases occur in every state. Van Duyn v. Baker, for instance, a notable case from 2009, addresses the failure of school districts to offer adequate IEPs. The basis of these complaints is often inadequate interventions, either to help students access grade level standards or to create inclusive settings.

Almost every school district in the country has at least one student who receives special education, and 14 percent of the population aged six to twenty-one were served under IDEA in 2019. The vast majority of special education students, however, have mild to moderate learning disabilities, as opposed to more severe handicaps.

Nearly 40 percent of all students receiving special services under IDEA are classified as having “specific learning disabilities.” IDEA defines specific learning disabilities as “an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculation” that is not the result of other situational factors, such as “a lack of appropriate instruction.”

In practical terms, this could refer to any student with a discrepancy between his or her achievement and intellectual ability, or a student’s inadequate response to a teacher’s first attempts at intervention. Dyslexia, dyscalculia, and dysgraphia each fall under this umbrella. Students with specific learning disabilities typically spend most of their day in general education classrooms, and eventually may no longer need special education in later grades.​

The second largest group in special education is made up of students with speech or language impairments, i.e. speech delay, stuttering, and impaired articulation. Around 19 percent of students who receive special services fall into this category. These students also spend most of their time in general education classrooms, and may exit special education after receiving successful intervention.
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This guide aims to clear up misconceptions about IEPs in U.S. special education, and how these plans function.

While we’re getting technical, please note that IEPs actually refers to ‘individual education programs’ not plans. Since almost everyone continues to call them plans, we decided to go with the most common phrasing.

Before delving further into this topic, let’s clarify: individualized education programs – or plans –  fall under the category of special education.

Special education includes any specialized academic program or initiative aimed at serving students with mental, physical, or emotional disabilities.

If a student has difficulty in the classroom, there are a variety of approaches that can be taken by a teacher or the school. IEPs are frequently mentioned in the same breath as 504 plans. 504s are a similar measure meant to address special needs when they arise – but different in scale and effect.

Section 504 of the Rehabilitation Act of 1973 was created for students who don’t meet the criteria for special education, but still need accommodations. 504 plans offer support or changes to the classroom environment to make it possible for the student to learn alongside peers.

IEPs are in general more comprehensive, and governed by federal special education law. This legislation, the Individuals with Disabilities Education Act (IDEA), guarantees rights to students with disabilities, and their families.

Congress first passed this legislation in 1975 and reauthorized the law multiple times since then. The goal of this legislation was to ensure all students with disabilities receive a free and appropriate education tailored to their individual needs.

Under IDEA, public schools are required to provide special education services for all children with disabilities, aged three to twenty-one, at no cost.

The “specialized education” these children receive aims to help them achieve not only in school, but in work and other life settings.

Students who receive specialized instruction are diverse learners. Some students with disabilities need physical or medical accommodations, some need behavioral support, others intensive academic intervention. The majority of students who have an IEP do not have a severe disabling condition and can reach or exceed grade-level standards with support. 

Students with IEPs – but without more severe disabilities – experts argue should be able to perform at grade level, and graduate from high school with a regular diploma. 

Keep in mind, the number of students who receive special education services is also rapidly growing. In 1990, 4.7 million public school students were administered to by the Individuals with Disabilities Education Act (IDEA). By 2019, that number had expanded to 7.1 million. The accountability measures required by No Child Left Behind (NCLB) also pushed schools to consider how to better identify and serve students with disabilities. Thus, in part the major increase is rooted in more careful monitoring and identification of students who could benefit from additional services. 

On the other hand, and more worryingly, the intensification of vigilance and concern with student behavior and learning progress, both from parents and educators some consider overkill. Certain education specialists believe this combination of factors has led to over-identification of disorders and various disabilities. 

To be eligible for special education, a team of qualified professionals must determine that a student has one of the following thirteen disability categories and would benefit from specialized instruction. Though special education recognizes every student’s ability level is particular – IDEA groups students broadly into thirteen disability categories.
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These categories include:  
1. Specific learning disability (SLD) 

• Include: Dyslexia, Dysgraphia, Dyscalculia, Auditory processing disorder, and nonverbal learning disability
• Generally involves difficulties with reading, writing, listening, speaking, reasoning, or doing math
• The largest category of disability covered by IDEA

2. Other health impairment 

• Refers to any condition which negatively affects a child’s strength, energy, or alertness
• ADHD is included under this category

3. Autism spectrum disorder (ASD) 

• Wide variety of symptoms (social, communication, overall behavior)

4. Emotional disturbance 

• Mental health issues, such as: anxiety, schizophrenia, bipolar disorder, OCD, and childhood depression

5. Speech or language impairment 

• Stuttering, or difficulty understanding words or speaking

​6. Visual impairment including blindness 

• Only includes vision problems that cannot be corrected by glasses

7. Deafness

• Student cannot hear sounds, even with the help of hearing aids

​8. Hearing impairment 

• Any hearing difficulty not covered by deafness; not problems with auditory or language processing

​9. Deaf-blindness

• Severe hearing and vision loss

10. Orthopedic impairment 

• Difficulty with physical or bodily functions as with cerebral palsy

11. Intellectual disability 

• Below-average intellectual ability (i.e. down syndrome)

12. Traumatic brain injury 

• Only includes injuries caused by an accident or force

13. Multiple disabilities 

• More than one of the described categories

Under IDEA, in addition to an IEP, or separately, states and schools have the possibility to categorize students as experiencing developmental delay until the age of 8.

Parents may be the first to identify that their child may have a disability and will have critical information about their child’s needs. 

For that reason, they are required to be a part of the Individualized Education Program (IEP) team that evaluates for special education and writes the IEP, if necessary. 

The IEP Team should legally be made up of one or both parents, general education teacher (at least one), a special education teacher (at least one), a school district representative, and an expert to interpret the special education diagnosis and plan. The expert could be the special education teacher, or a school psychologist.

As a parent, there is also a possibility to include a parent advocate, or a friend.

The team determines the type and level of services to be offered, based upon the student’s needs. Support and accommodations are meant to be tailored to a child’s specific level of disability. 

Kalman “Buzzy” Hettleman is the author of Mislabeled as Disabled, a prominent book on oversights in U.S. special education. I interviewed him on how parents can make the best of their child’s IEP. He argues parents can use the IEP to hold the school accountable, and make sure their child makes sufficient progress. 

Parents should ask lots of questions. According to Hettleman, a good set of questions would include: 

• “Exactly what kind and how much ‘specially designed instruction’ is my child getting?”
• “What is the teacher-student ratio?”
• “Is an evidence-based program being used in this school district?”
• “Does my child need more intensive instruction (or behavioral supports) to make sufficient progress?”

For a parent, if a child has an IEP, the best time to check in with the school is at each quarterly report card, and quarterly IEP progress report. Students with IEPs should be making annual progress, meaning equivalent to one year’s progress, Hettleman says.

If that progress is not being made, do not wait for the next annual IEP review meeting. Ask for an immediate meeting with the child’s team to review and revise the IEP as necessary. ​

States have some latitude in terms of how they determine eligibility for special education. Students who meet the requirements of an eligibility category in one state may not meet the requirements in another state. Schools and districts also vary in the type of special education services they offer. Parents will sometimes move to another area in order to take advantage of a particular type of special education program. 

This is largely due to different methods to determine eligibility due to a specific learning disability across states and districts. 

Under the law, a team of  qualified professionals, including a child’s parents, must conduct a full evaluation of a child, and decide jointly if the child meets their criteria for one of the disability categories and would benefit from specialized instruction. Educators and parents in some places are more aggressive about classifying students as disabled than in others.
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Once in place, the IEP is a plan of action. Plans of action can be more or less effective– unfortunately, it often falls back upon the parent to advocate for the best possible plan for their child. That may be different for different students.

Back in 2017, the Supreme Court made a significant ruling (Endrew F. vs. Douglas County School District) in favor of school districts’ responsibility to provide interventions that allow students with disabilities to make meaningful academic progress. . Nevertheless, it often falls to parents to demand services which result in this level of progress. The IEP, regardless of the student’s disability, should be specifically tailored to the student, and research-based.

If a student is struggling academically, it may, for instance, be advisable for parents to ask that the child not be pulled from usual core classes, like math and reading, says Nathan Levenson. Instead, extra time can be offered as an accommodation, alongside core educational requirements.

When it comes to behavioral rather than academic issues, a plan focused on preventing outbursts is preferable to one which calls for action after an incident.

The particular individual offering services in special education matters at least as much as what service it is, or how often it’s provided. Staff (either teachers or teacher assistants) who are trained in the particular recommended intervention, should provide support. This is far more likely to be effective, than service from an untrained provider.

Fighting for academic support from a non-trained, non-professional individual makes it difficult to achieve necessary results. It is more crucial to have the support of a certified, trained teacher.

“The IEP should spell out in detail the child’s needs, and how the school district will meet those needs so the child can succeed academically. Parents need to understand most of all that their children are entitled to the services they need… not the services that the school feels it can afford with its present staff,” says Kalman Hettleman.

If necessary, the parent should insist the school reach out to the central school district office for additional funds or staff. To the greatest extent possible, the parent should insist that the IEP be clear about their child’s progress or lack of progress: there should be data, not just the teacher’s general opinion. The data should be comprehensible, so the parent can understand.
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A few well-directed questions can lead to a wholly different, and better IEP.

Nathan Levenson, a special education expert, suggests questions, like:

• In simple English, why is my child struggling?
• What one or two areas are most important to address first? (Less is more. Other areas can be addressed in the future.)
• For each service provided, what will my child miss? Remember every pullout session is at the expense of time in the classroom.
• How much extra instruction will my child receive each day? Push in and co-teaching isn’t extra time, its extra attention.
• Who will provide the service? What is their training and background in the subject matter. (Keep in mind: Not every special educator is strong in teaching reading, math etc. Only a skilled teacher will be able to catch a student up in all subjects.)

If a paraprofessional is being considered for offering the services, Levenson suggests:

• Why is this option better than a certified teacher?
• When will my child no longer need help from a paraprofessional? (Note: Independence should also be a goal.)

After noting the sheer diversity of students with IEPs– there is no reason to believe many of these students could not meet or exceed grade level standards, with sufficient specialized instruction.

Many in the special education community even argue that the majority of these students can be expected to perform as well as general education classmates. The National Center for Learning Disabilities argues that approximately 8 out of 10 students who receive services under IDEA could be expected to perform just as well as their non-disabled counterparts.

The 2017 Supreme Court Endrews decision was definitive in placing the responsibility on school districts: to provide support that ensures students make meaningful academic progress.

“Simply put, the vast majority of students receiving special education in our nation’s schools […] are found eligible under a disability category that in no way precludes them from—with appropriate services and supports—functioning at or above grade level or from achieving proficiency on a state’s academic content standards in reading and math,” a report on this debate concluded.

Even if the achievement gap for students with disabilities has been narrowing, it remains concerningly large. Far fewer students with disabilities test at grade level in mathematics (in comparison to their peers.)

From year to year the National Assessment of Educational Progress publishes reading and math scores, in which students with disabilities often score 30 to 40 points below peers. This is equivalent to as much as four years of learning progress. Graduation rates demonstrate the same problem.

Students with disabilities continue to graduate at far lower rates than their counterparts. More than a quarter of students who receive special education services drop out before ever receiving a diploma. As might be expected, students with disability categories that acknowledge diminished mental capacities have some of the lowest graduation rates.

What is more troubling is that students in categories that do not imply mental disability, such as emotional disturbance, post rates almost as low. Students who do have significant cognitive disabilities are capable of achieving much more.

This is what makes the question of what kind of IEP and services a student receives so important.

“Most parents don’t understand that the great majority of students with IEPs don’t have significant cognitive disabilities that prevent them from achieving at grade level if they get the right instruction.“ Kalman Hettleman further suggested in his interview.
To state the most obvious example, just because a student is blind doesn’t mean there’s anything wrong with that student’s brain. Other definitions, too, (most notably “specific learning disability”) make no mention of diminished mental capacity. As explained previously, “specific learning disability” is defined as a gap between ability and achievement, not a deficit in ability.

At the Learning Agency, we have been working on this issue, helping families navigate these topics. Please reach out if you’re looking for support and email ulrich@the-learning-agency.com.

Because if the potential of the majority of special education students matches the same range as general education students, why not expect the same ability to learn?

–Ulrich Boser
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