What is an IEP?

As the parent of a disabled child, it is unsurprising if you feel overwhelmed by the complexities of federal and state special education law. If you seek help for your child’s education, you will inevitably hear about an IEP. An IEP, or Individualized Education Program, is one of the most important tools available to you.

Federal law: Understanding the Individuals with Disabilities Education Act (IDEA)

The IEP is part of the federal Individuals with Disabilities Education Act (IDEA). The purpose of the IDEA act is to ensure that your child receives a Free Appropriate Public Education (FAPE).  The key word here is “appropriate.” Your child’s disability will likely require them to receive access to individualized education features that reflect your child’s special needs.

Nevertheless, IDEA requires that your child’s school provide them with these features in the least restrictive environment possible. This means that your child should learn alongside their non-disabled peers as much as possible under the circumstances..

Who qualifies for an IEP under IDEA?

Your child must have one of these 13 specific learning disabilities:

1. Autism
2. Deaf-blindness
3. Deafness
4. Developmental delay
5. Emotional disturbance
6. Hearing loss
7. Intellectual disability
8. Multiple disabilities
9. Orthopedic impairment
10. Specific learning disability, such as dyslexia
11. Other health impairments that affect learning ability, such as ADHD
12. Speech or language impairment
13. Traumatic brain injury (TBI)

Your child must also actually need special education services. They will be ineligible if they do not need special education services despite the presence of one of the foregoing disabilities. Nevertheless, you have the legal right to demand that the school evaluate your child to determine eligibility.

What an IEP must include

An Individualized Education Program must include the following:

1. An evaluation of your child’s present level of academic and functional performance. For example, “Janice reads at only a late second-grade level and has trouble focusing on independent tasks. She interacts well with her peers.”
2. Measurable annual goals. For example, “By April 2026, Janice should be reading at a late fourth-grade level and summarize fifth-grade texts using complete sentences 80% of the time in five trials.”
3. Special education services, accommodations, and modifications. For example, the school will provide 30 minutes of reading assistance twice a week, access to audiobooks, and 30 minutes of extended time on exams.
4. Related services, such as speech therapy.
5. Planning for transition to post high school life starting by age 14. Federal law specifies age 16, but Tennessee law reduces this age to 14.

As a parent, you have the right to demand that all of these features be included.

How the IEP process works under federal law

You have the right to demand an evaluation of your child’s eligibility for special education. After you request an evaluation, the school has 60 days to complete it. If your child qualifies for special education, a team must create your child’s IEP. This team must consist of all the following:

• A parent or legal guardian
• A general education teacher
• A special education teacher
• A school psychologist
• A representative from the school district
• Other relevant people such as therapists and advocates
• Possibly your child

The team must review the IEP at least once a year. If you disagree with the team’s evaluation, you have the right to mediation, a due process hearing, and even legal action in court (a lawsuit).

How Tennessee state law affects the IEP process

Tennessee follows IDEA but also enforces its own regulations. In the event of a conflict with federal law, federal law usually prevails.

Tennessee-specific rules

• In Tennessee, schools use RTI² (Response to Instruction and Intervention) to evaluate Specific Learning Disabilities (SLD). This process tracks how your child responds to targeted academic support before a school determines whether your child qualifies for special education.
• Tennessee may require additional classroom observations, documentation, or data for certain disabilities, such as autism or ADHD, before making an eligibility decision.

The school cannot use either of these two processes to delay the 60-day deadline, although they might try. If they do try, you might want to talk to a lawyer.

Dispute resolution in Tennessee

If you believe your child’s rights have been violated, you can:

• File a formal written complaint you can file with the Tennessee Department of Education (a “state complaint”)
• Demand mediation
• Demand a due process hearing

A Tennessee education attorney can guide you through the process including mediation or a due process hearing, a formal hearing before an administrative law judge.

Your legal rights as a parent

Your rights as a parent and your children’s are protected under federal law and state law.

Federal procedural safeguards

Under federal law, you have the right to:

• Attend and participate in all meetings of the IEP team.
• Give or deny your informed written consent when schools seek to evaluate your child for an IEP.
• Provide your child with special education services.
• Reevaluate your child to determine whether they remain eligible for special education services.
• Share your child’s educational records.
• Review your child’s educational records.
• Request an Independent Educational Evaluation (IEE) at school expense, by a qualified outside professional. An IEE is essentially an evaluation about your child’s need for special education services.

Ultimately, you can enforce these rights in the courts.

Your rights under Tennessee law

As the parent of a special needs child, you are also entitled to timely meetings and clear communication regarding your case. You also have the right to a copy of the Tennessee Parent Rights Handbook outlining your rights and the steps for resolving disputes. You can enforce these rights in Tennessee state court.

When you should consider legal help

You should consider retaining a Tennessee education lawyer if the school:

• Refuses or unreasonably delays evaluation
• Creates an inadequate IEP
• Otherwise fails to comply with the law

An education attorney can help you by:

• Preparing you and attending with you IEP meetings
• Reviewing all documents, including your child’s evaluation
• Representing you in all proceedings and court hearings
• Making sure that the school complies with federal and state law

If you believe that your child’s school or any other party is violating your child’s right to a free appropriate public education, you need to seek legal assistance immediately. Contact the Law Office of Perry A. Craft, PLLC today to schedule a consultation.