How to get an IEP in Illinois: steps, timelines and your rights

Who can get an IEP in Illinois?

An IEP (Individualized Education Program) is a written plan for a child who has a disability and needs special education and related services because of it. Public school districts in Illinois must find, evaluate and serve eligible children starting at age 3, including children who attend private school or are not yet enrolled.

Illinois uses the 13 federal disability categories. Your child must fit at least one category and need specialized instruction because of it. A diagnosis alone does not guarantee an IEP, and your child does not need a medical diagnosis to be evaluated.

• Autism (Illinois rules say this includes any autism spectrum disorder that affects educational performance)
• Deaf-blindness
• Deafness
• Emotional disability
• Hearing impairment
• Intellectual disability
• Multiple disabilities
• Orthopedic impairment
• Other health impairment (for example, ADHD or a medical condition that limits strength, energy or alertness)
• Specific learning disability (for example, dyslexia)
• Speech or language impairment
• Traumatic brain injury
• Visual impairment, including blindness

How do I request a special education evaluation?

Put your request in writing and send it to the school principal and the district's special education director. Keep a copy and note the date it was received. Email works, but ask for a reply confirming receipt. Under Illinois rules, a parent can make the request, and so can school staff or another agency.

Describe what you are seeing, what the school has already tried, and any outside reports you have. Ask for an evaluation in all areas of suspected disability, not just one skill.

1. Write a dated letter or email asking for a full and individual evaluation for special education.
2. Send it to the principal and the district special education director.
3. Attach or list any outside evaluations, doctor letters or report cards that show the concern.
4. Count 14 school days from the day the district received it. By then the district must tell you, in writing, whether it will evaluate.
5. If the district agrees, review the list of planned assessments and sign the consent form. The 60 school-day clock starts on the day you sign.

Sample evaluation request letter

Date: [today's date]. To: [Principal name], [School name], and [Director of Special Education], [District name].

I am the parent of [child's full name], date of birth [date], who is in [grade] at [school]. I am writing to request a full and individual evaluation to determine whether my child is eligible for special education and related services.

I am concerned about [briefly describe concerns, for example reading, speech, attention, behavior, motor skills or social skills]. The school has tried [list any supports], and my child is still struggling. I am attaching [list any outside reports].

Please evaluate my child in all areas of suspected disability. I understand the district has 14 school days to respond under 23 Illinois Administrative Code 226.110. Please send me the consent form and a description of the assessments you plan to use. I would also like copies of the evaluation reports before the eligibility meeting.

Thank you. [Your name], [phone], [email].

What are the Illinois IEP timelines?

Illinois timelines are counted in school days, which is stricter in practice than the federal rule. Federal law (34 CFR 300.301) gives 60 calendar days from consent to finish an initial evaluation unless a state sets its own timeline. Illinois sets its own: 60 school days from your written consent to both decide eligibility and complete the IEP meeting.

If fewer than 60 school days are left in the school year when you sign consent, the district must decide eligibility and hold the IEP meeting before the first day of the next school year.

• 14 school days: district decides whether to evaluate after receiving a request (23 IAC 226.110).
• 60 school days: eligibility decision and IEP meeting completed after you sign consent (23 IAC 226.110; 105 ILCS 5/14-8.02).
• If the district refuses to evaluate, it must give you written notice explaining why.
• Your consent to evaluate is not consent to services. The district must ask for your consent again before it first provides special education.

Who is on the IEP team and what goes in the IEP?

The IEP team includes you, at least one of your child's general education teachers (if your child is or may be in general education), at least one special education teacher or provider, a district representative who can commit resources, someone who can explain the evaluation results, and your child when appropriate. You can bring anyone who knows your child, such as a therapist or advocate.

The IEP describes your child's present levels, measurable annual goals, the special education and related services (such as speech, OT or counseling) with their amount and frequency, accommodations, how your child will take state tests, and how progress will be reported. Illinois also requires the team to consider extended school year services and, when behavior is a concern, a behavioral intervention plan.

What is the least restrictive environment (LRE)?

Federal law requires that, to the maximum extent appropriate, children with disabilities are educated with children who do not have disabilities. A child should be moved to a separate class or school only when the disability is so severe that education in regular classes, even with supplementary aids and services, cannot be achieved satisfactorily.

Ask the team what supports were considered before any more separate placement was proposed. PedsList's district pages show how often each Illinois district educates students with IEPs in general education classrooms.

IEP or 504 plan: what is the difference?

An IEP comes from the Individuals with Disabilities Education Act (IDEA) and provides specialized instruction and related services. A 504 plan comes from Section 504 of the Rehabilitation Act, a civil rights law that prohibits disability discrimination in schools that receive federal funds. A 504 plan usually provides accommodations, such as extra time or preferential seating, for a child who does not need specialized instruction.

If your child needs changes to how they are taught, not just access, ask for an IEP evaluation. A school can offer a 504 plan while it evaluates, but a 504 plan should not replace an evaluation you requested.

Can I get an independent educational evaluation (IEE) at public expense?

Yes. If you disagree with the district's evaluation, you can ask in writing for an independent educational evaluation at public expense. Under 34 CFR 300.502, the district must, without unnecessary delay, either pay for the IEE or file for a due process hearing to show its own evaluation was appropriate.

In Illinois, send the request to the district superintendent or special education administrator (23 IAC 226.180). The IEE provider must meet the state's qualifications. The team must consider the results, and the district must tell you in writing when the team will meet to discuss them.

What can I do if I disagree with the school?

Start by asking for an IEP meeting and putting your concerns in writing. If that does not work, ISBE offers four formal options. This is general information, not legal advice. For help with your specific situation, contact Equip for Equality or Family Matters Parent Training and Information Center, or talk to a special education attorney.

• State-sponsored IEP facilitation: a free, neutral facilitator runs the IEP meeting. Both sides must agree.
• State-sponsored mediation: a free, trained mediator helps you reach a written agreement that is legally binding.
• State complaint: anyone can file a signed written complaint with ISBE about a violation that happened within the last year. ISBE generally has 60 days to investigate and decide.
• Due process hearing: a formal hearing before an impartial hearing officer. You must file within 2 years of when you knew or should have known about the problem. The district must hold a resolution meeting within 15 days of your request.

When does transition planning start in Illinois?

Illinois starts earlier than federal law. The IEP in effect when your child turns 14 and a half must include measurable postsecondary goals for training, education, employment and, where appropriate, independent living, plus the transition services and courses needed to reach them. Federal law sets the age at 16. The team can start sooner if appropriate.