FLORIDA IEP GUIDE | MyChildWins.com

Florida IEP Guide for Parents

Understanding Your Child's IEP and Your Rights in Florida

If your child has a disability that affects their education, an Individualized Education Program (IEP) can be one of the most important tools available to help your child succeed in school.

An IEP is more than a meeting or a piece of paperwork. It is a written educational program developed for an eligible student under the Individuals with Disabilities Education Act (IDEA). The IEP identifies your child's educational needs, establishes measurable goals, and describes the special education, related services, accommodations, supports, and other services the school will provide.

Florida refers to special education as Exceptional Student Education (ESE).

This guide provides Florida parents with an overview of the IEP process, important parental rights, and common problems that can arise.

Important: This guide provides general educational information and is not legal advice. Individual circumstances vary.

1. What Is an IEP?

An Individualized Education Program (IEP) is a written plan for a student who has been determined eligible for special education and related services under IDEA.

The IEP should be individualized. Two children with the same diagnosis may have very different educational needs and therefore very different IEPs.

An IEP may address areas such as:

Reading
Written expression
Mathematics
Communication and language
Behavior
Social/emotional functioning
Executive functioning
Attention
Organization
Occupational therapy
Physical therapy
Assistive technology
Independent living skills
Transition to adulthood
Other disability-related educational needs

The central question should not simply be “What services does the school normally provide?”

The question should be:

“What does this individual student need to receive an appropriate education?”

2. Who Qualifies for an IEP in Florida?

A medical diagnosis does not automatically result in an IEP - but it also should not be ignored.

Generally, the student must meet the criteria for an IDEA disability category and, because of the disability, require special education and related services.

IDEA recognizes disability categories including:

Autism
Specific learning disability
Other health impairment
Emotional disability
Intellectual disability
Speech or language impairment
Orthopedic impairment
Visual impairment
Hearing impairment
Deafness
Deaf-blindness
Traumatic brain injury
Multiple disabilities

Florida uses state terminology and eligibility criteria within its ESE system.

For example, a student with ADHD may potentially qualify under Other Health Impairment when the applicable eligibility requirements are met. A student with dyslexia may potentially qualify under Specific Learning Disability.

The important issue is not simply the diagnostic label. The IEP team must consider the student's educational needs.

3. How Does the IEP Process Begin?

Parents who believe their child may need special education can request an evaluation.

A request should generally be made in writing so there is documentation of what was requested and when.

Parents should consider explaining their specific concerns, such as:

Reading substantially below grade level
Difficulty understanding what is read
Poor written expression
Math difficulties
Frequent behavioral incidents
Communication problems
Attention or executive-functioning difficulties
Difficulty completing assignments
Social difficulties
Frequent suspensions
School avoidance
Significant academic regression
Difficulty functioning independently

Do not assume that failing grades are required before a child can be evaluated.

A child can have educational needs even when the child is receiving passing grades.

4. What Should the School Evaluate?

An evaluation should be sufficiently comprehensive to identify the child's special education and related-service needs.

The evaluation should not be unnecessarily limited to the disability the school initially suspects.

Depending upon the student, evaluation might include:

Academic achievement
Cognitive functioning
Reading
Mathematics
Written expression
Speech and language
Occupational therapy
Fine-motor functioning
Sensory needs
Social/emotional functioning
Behavior
Adaptive functioning
Attention and executive functioning
Assistive technology
Transition needs

Parents should carefully review what the school proposes to evaluate.

If you are concerned about an area and it isn't being evaluated, ask why.

5. What Happens at an IEP Meeting?

An IEP meeting is where the IEP team discusses the student's needs and develops or revises the student's educational program.

Parents are members of the IEP team. You are not merely an observer.

The team generally includes individuals such as the parent, special education teacher/provider, regular education teacher when applicable, a school district representative, and someone capable of interpreting the instructional implications of evaluation results. Other individuals with knowledge or special expertise regarding the child may also participate under IDEA's rules.

Parents may also bring an IEP advocate or another appropriate person with knowledge or special expertise regarding the child.

6. Present Levels: The Foundation of a Good IEP

One of the most important sections of an IEP is the student's Present Levels of Academic Achievement and Functional Performance, often called present levels or PLAAFP.

This section should accurately explain where the child is functioning now.

For example, saying:

“Johnny struggles with reading” provides very little useful information. A meaningful present-level statement should provide sufficient information to understand the nature and extent of the student's needs.

Depending on the child, that might include information concerning:

Word identification
Decoding
Reading fluency
Reading comprehension
Vocabulary
Written expression
Calculation
Mathematical problem solving
Behavior
Communication
Social skills
Adaptive skills

Parents should ask: “What objective data tells us where my child is functioning today?”

If the team cannot clearly identify the starting point, it becomes much harder to develop appropriate measurable goals.

7. IEP Goals Should Be Measurable

IEP goals should address the student's disability-related needs and permit meaningful measurement of progress. Be cautious about vague goals.

For example: WEAK: “Johnny will improve his reading skills.” That doesn't tell you enough. A stronger goal identifies the specific skill being addressed, the expected level of performance, and how achievement will be measured.

Parents should be able to determine:

What skill is being taught?

What is my child's current performance?

What is the expected outcome?

How will progress be measured?

How often will progress be reported?

8. Special Education Services

An IEP should specify the special education and related services the student will receive.

Parents should look carefully at:

Type of service
Frequency
Duration
Location
Beginning date

Be cautious about descriptions that are so vague that you cannot determine what the school has actually committed to providing.

If your child requires specialized reading instruction, for example, you should understand what instruction is being provided, how frequently it occurs, and how progress will be measured.

9. Related Services

Some students need additional services to benefit from special education. Depending upon individual need, related services can include services such as:

Speech-language services
Occupational therapy
Physical therapy
Counseling
Transportation
School health services
Other qualifying developmental, corrective, or supportive services

Whether a service belongs in an IEP should depend on the student's individual educational needs—not simply whether the school ordinarily provides that service.

10. Accommodations Are Not the Same as Specially Designed Instruction

This distinction is important. An accommodation generally changes how a student accesses instruction or demonstrates learning.

Examples might include:

Extended time
Preferential seating
Large-print materials
Reduced-distraction testing
Assistive technology
Breaking assignments into smaller components

Specially designed instruction, however, involves adapting the content, methodology, or delivery of instruction to address the unique needs resulting from the child's disability and ensure access to the general curriculum.

A child who needs actual remediation or specialized instruction may need much more than accommodations.

11. What Is FAPE?

IDEA requires eligible students with disabilities to receive a Free Appropriate Public Education (FAPE).

“Free” does not mean that whatever the school offers is automatically appropriate.

The U.S. Supreme Court explained in Endrew F. v. Douglas County School District that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.

The standard is individualized.

Parents should therefore look beyond whether the child simply receives some benefit.

Ask: “Is this IEP reasonably calculated to enable my child to make appropriate progress considering my child's circumstances?”

12. What Is Least Restrictive Environment?

IDEA also contains the Least Restrictive Environment (LRE) requirement. To the maximum extent appropriate, students with disabilities should be educated with students who are not disabled.

Removal from the regular educational environment should occur only when education in regular classes, with supplementary aids and services, cannot be achieved satisfactorily.

LRE does not mean every student must always remain in a general education classroom.

It means placement decisions must be individualized rather than based simply on disability category, administrative convenience, or available programs.

13. Behavior Can Be an IEP Issue

Behavior that interferes with learning should not automatically be viewed simply as a disciplinary problem.

When behavior impedes the student's learning or the learning of others, the IEP team must consider the use of positive behavioral interventions and supports and other strategies to address that behavior.

Depending on the circumstances, the team may need to consider:

Functional Behavioral Assessment (FBA)
Behavior Intervention Plan (BIP)
Behavioral goals
Counseling
Social-skills instruction
Environmental modifications
Additional supports
Staff training
Increased supervision

Repeated disciplinary incidents can be a warning sign that the student's educational program needs to be reconsidered.

14. Suspensions and Manifestation Determination Reviews

Students with disabilities have important protections when facing significant school discipline.

When disciplinary removals constitute a change of placement under IDEA, specific procedural protections apply.

One important protection is the Manifestation Determination Review (MDR). An MDR is conducted when a student with an IEP is removed 10 consecutive days or 10 cumulative days during a school year as a part of a disciplinary action.

The MDR team considers two critical questions:

Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
Was the conduct the direct result of the school district's failure to implement the IEP?

A manifestation determination can have major consequences for what happens next.

Parents facing an MDR should prepare carefully and review the student's disability, evaluations, IEP, behavior history, disciplinary records, FBA/BIP, service records, and evidence concerning whether the IEP was actually implemented.

15. What Is an FBA?

A Functional Behavioral Assessment (FBA) is designed to help understand the function or purpose of behavior.

Instead of simply asking: “How do we stop this behavior?” an FBA asks questions such as: “Why is this behavior occurring?”

Understanding the function of behavior can help the team develop more effective interventions.

16. What Is a Behavior Intervention Plan?

A Behavior Intervention Plan (BIP) should use information about the student's behavior to establish strategies and interventions for addressing it.

A meaningful BIP may address:

Prevention strategies
Antecedents and triggers
Replacement behaviors
Reinforcement
Staff responses
Data collection
Safety considerations
Progress monitoring

Having a BIP on paper isn't enough. The plan must actually be implemented.

17. What If You Disagree With the School's Evaluation?

Under IDEA, parents may have the right to request an Independent Educational Evaluation (IEE) at public expense when they disagree with an evaluation obtained by the school district, subject to IDEA's requirements.

After such a request, the school district generally must, without unnecessary delay, either:

Ensure that an IEE is provided at public expense; or
File for due process to demonstrate that its evaluation was appropriate.

IEEs can be extremely important when there is disagreement regarding a student's needs.

18. Prior Written Notice

Prior Written Notice (PWN) is an important procedural protection. Generally, a school district must provide written notice when it proposes or refuses to initiate or change certain matters involving the student's identification, evaluation, educational placement, or provision of FAPE.

A proper notice does more than simply say “request denied.” IDEA requires information including an explanation of why the district proposes or refuses the action and a description of the information relied upon in reaching the decision.

If the school refuses an important request, parents should consider asking:

“Will you please provide me with Prior Written Notice explaining the district's refusal?”

19. Keep Good Records

Parents should maintain their own special education records.

Consider keeping copies of:

IEPs
Evaluations
Progress reports
Report cards
Prior Written Notices
Emails
Discipline records
Suspension notices
FBA/BIP documents
Therapy reports
Private evaluations
State testing information
Attendance records
Relevant medical/provider information

After important conversations, consider documenting what occurred in writing.

Good documentation can become extremely important when memories differ later.

20. Watch Your Child's Progress

An IEP is not successful merely because everyone attended a meeting and signed paperwork.

The real issue is whether the educational program is working.

Ask: Is my child making appropriate progress?

If not: Why not?

If a child repeatedly fails to make expected progress, the team should not simply continue the same ineffective program year after year without examining what needs to change. Parents can request an IEP meeting when concerns arise; they do not necessarily have to wait for the annual review.

21. What If the School Isn't Following the IEP?

An appropriate IEP must actually be implemented.

Potential warning signs include:

Services repeatedly missed
Service minutes not provided
Accommodations ignored
BIP not followed
Specialized instruction not delivered
Required assistive technology unavailable
Staff unaware of important IEP provisions

Parents who suspect implementation problems should document specific examples and request information concerning the services actually provided.

22. What Is Compensatory Education?

When a student has been denied appropriate special education services, compensatory education may sometimes be an available remedy. Compensatory education is intended to address educational harm resulting from a denial of FAPE. It is not necessarily calculated simply by counting every missed minute and replacing it minute-for-minute. Appropriate relief depends upon the circumstances and the educational harm involved.

23. Florida Parents Have Options When They Disagree

Parents do not have to agree with every decision made by a school district.

Depending upon the issue and circumstances, dispute-resolution mechanisms can include:

Requesting another IEP meeting
Requesting Prior Written Notice
Mediation
State complaint procedures
IDEA due process proceedings
Section 504 procedures
Other applicable administrative remedies

The appropriate approach depends heavily upon the nature of the dispute.

24. Common IEP Warning Signs

Parents should consider asking additional questions when:

The IEP contains vague present levels.
Goals cannot be objectively measured.
The same goals appear year after year.
The child isn't making meaningful progress.
Services aren't clearly described.
The school repeatedly calls the parent to pick up the child.
The student receives frequent suspensions.
Disability-related behavior isn't being appropriately addressed.
The school says, “We don't provide that here.”
Decisions appear to have been made before the IEP meeting.
Parent concerns aren't meaningfully considered.
Accommodations exist on paper but aren't consistently provided.
The IEP doesn't address significant identified needs.
The team focuses primarily on the child's diagnosis instead of individual needs.

25. Questions Florida Parents Should Ask at an IEP Meeting

Consider asking:

What objective data shows my child's current level of performance?

How much progress has my child made since the last IEP?

Is that progress appropriate considering my child's circumstances?

What specific instruction will address each identified deficit?

How frequently will each service be provided?

Who will provide the service?

How will progress be measured?

How often will I receive progress data?

What happens if my child doesn't make expected progress?

Are behavioral problems interfering with my child's education?

Does my child need an FBA or BIP?

What supplementary aids and services have been considered?

Why is this placement the least restrictive appropriate placement?

What requests have I made that the district is refusing?

Will the district provide Prior Written Notice for those refusals?

26. You Are an Important Member of Your Child's IEP Team

Parents often know things about their children that cannot be captured by a test score.

You know your child's history.

You see what happens after school.

You know how long homework takes.

You may see frustration, anxiety, behavioral problems, or academic difficulties that aren't obvious during a short classroom observation.

IDEA makes parents members of the IEP team for a reason.

Ask questions.

Request data.

Read the proposed IEP carefully.

Document concerns.

And most importantly, keep the discussion focused on the individual needs of your child.

Need Help With Your Child's IEP in Florida?

MyChildWins.com Education Advocates helps parents navigate special education disputes and advocate for appropriate educational services for children with disabilities.

Parents may seek assistance involving:

IEP meetings
IEP development and review
Special education evaluations
Independent Educational Evaluations
FBA and Behavior Intervention Plans
School suspensions
Expulsions
Manifestation Determination Reviews
Alternative placements
Section 504
IDEA disputes
Due process proceedings

If you're concerned that your child's IEP is inadequate, services aren't being provided, your child isn't making appropriate progress, or your child is facing serious school discipline, consider getting help before the problem becomes more difficult to resolve.

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