COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 

 Home > IEPs > Developing Your Child's IEP - Are IEP Services Based on What's Available at the School?


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024
Training Programs

Apr. 11 - Denver, CO

June 5-8 - San Antonio, TX

Sept. 24 - MD via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

Developing Your Child's IEP - Are IEP Services Based on What's Available at the School?

Question 6. My child's school says IEP services are based on what is available at the school. Is this right?

Answer

No. The IEP team is required to develop an IEP that meets all your child's needs, regardless of "what's available" at the school.

The school must comply with the legal requirements for IEPs. The services "available" or the delivery system is irrelevant.

Your child's IEP must be individualized.

"What we have available" usually refers to a one-size-fits-all program that is not individualized to meet a child's unique needs.

The amount of a special education or related service the school provides only may be stated in the IEP as a range (e.g., speech therapy to be provided three times per week for 30-45 minutes per session) if the IEP team determines that stating the amount of services as a range is necessary to meet the unique needs of the child.

The school may not use a range because of personnel shortages or uncertainty regarding the availability of staff.

Legal Resources

Wrightslaw: Special Education Law, 3rd Edition. Chapter 4 is an Overview of IDEA, Section 504 and the ADA with extensive commentary. Chapter 5 is the Individuals with Disabilities Education Act with extensive commentary and analysis. Chapter 6 is the IDEA Regulations (34 C.F.R. Section 300.320).

Wrightslaw: Special Education Law, 3rd Edition, is available in the Wrightslaw Store.

Wrightslaw: All About IEPs Chapter 4 - Present Levels, Measurable Goals, Services

More Resources

How to Use IDEA 2004 to Improve Your Child's Special Education

Must Services in the IEP be Provided by a Special Ed Teacher?

Identifying and Meeting a Child's Language Needs

Can Parents Demand a Member of the IEP Team be Excluded?

State Special Education Regulations and Guidelines. You will find your specific state regulations at your State Department of Education website. Use the Wrightslaw Yellow Pages for Kids with Disabilities to locate your state site.

Back to the Pop-Up

Print this page


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!