What is an IEP and how do I get my child evaluated for one?

What is an IEP?

The IEP (or Individualized Education Program) is a legally required plan for a student with a disability who needs specialized instruction in school. The IEP is developed by parents, educators, and specialists and should contain information about how your child is performing in school and what services your child needs due to their disability.

The plan explains:

• How often services will happen
• What the student’s educational goals are
• What services and supports the school will provide
• How progress will be measured
• Where services will take place

The school district, or the NYC DOE if you live in the five boroughs, must provide any services or accommodations that are recommended on your child’s IEP. For instance if your child is recommended to receive three sessions of speech therapy each week on their IEP, then your child must receive the three sessions of speech therapy each week. 

Additionally, the IEP must be reviewed at least once a year and updated when the student’s needs change.

How do I ask to have my child evaluated for special education for the first time?

If your child already attends a New York City public school, you can write a letter to your child’s Principal or to the School-Based Support Team at the school. In the letter, you can ask to have your child evaluated for possible special education programs or services. If you want to point out any particular issues, you can do that too, but even a simple letter can get the ball rolling on an evaluation.

You can also write to your local Committee on Special Education (CSE) or Committee on Pre-School Special Education (CPSE), especially if your child is not in school. Always keep a copy of your written request for evaluation and proof of how you sent it.

Will I have to fill out a more formal consent form to have my child evaluated for possible special education support or services?

Yes. Someone from the New York City Department of Education should get back to you within a reasonable amount of time (approximately 10 days) to begin the initial evaluation process. School or district staff should give you a consent form to sign.

Informed consent on the appropriate form is needed to have your child evaluated for the first time. Always keep a copy of the formal written consent form you sign and proof of how you sent it.

What kind of evaluations will the Department of Education do for my child?

Schools are supposed to evaluate students in all areas of suspected disability. Some of the more common initial evaluations include the following:

• Psychoeducational evaluation
• Social history
• Observation of your child
• Medical form indicating the results of a recent physical examination
• Possible speech and language evaluation
• Physical therapy evaluation
• Occupational therapy evaluation
• Functional behavior assessment
• Auditory or other evaluations based on areas of known or suspected disability

What happens at the IEP meeting?

As the parent, you play an important role at the IEP meeting. You attend the meeting along with district representatives (often a school psychologist), a special education teacher, and other team members who might include a general education teacher, special education teacher, and other possible team members.

Parents can also bring along an outside provider, social worker, or other person familiar with your child.

If things don’t go the way I wanted them to, am I stuck with or forced to take what’s on the IEP?

An IEP is supposed to be a plan for an appropriate program for your child. If it is an initial evaluation, you don’t get any services or program until you consent to receive services. You can accept some services and reject others and write that on the form.

You can also try out the recommended program and then try to change it the next year or at some other future point by asking for a new meeting or a new evaluation. You may also be able to challenge the IEP if you feel that your child’s rights have been violated and the student is not making progress.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.