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The IEP and Special Education Guide for Parents

A plain-English guide for parents to special education in U.S. public schools: the 13 IDEA disability categories, evaluations, early intervention, the IEP and the IEP meeting, Section 504, your rights, and what to do when you disagree. Every rule is tied to the federal regulation it comes from.

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  • Cited to the regulations
  • Checked against sources on October 13, 2026
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Special education in brief

Two federal laws do most of the work. The Individuals with Disabilities Education Act (IDEA) funds and governs special education. Section 504 of the Rehabilitation Act of 1973 is a civil rights law that bans disability discrimination in programs that receive federal money, including public schools.1

Under IDEA, a free appropriate public education (FAPE) must be available to eligible children, generally from age 3 through 21.2 FAPE means special education and related services at public expense, provided under an Individualized Education Program, or IEP.3 Special education itself is “specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.”4 Babies and toddlers under 3 are covered by a separate part of the law, Part C, through early intervention.5

7.5Mstudents ages 3 to 21 served under IDEA in 2022–23

15%of all public school students, up from 13% in 2012–13

32%of them served for a specific learning disability, the largest group

67%of school-age students served spent 80% or more of the day in general classes (fall 2022)

Figures from the National Center for Education Statistics, Condition of Education (last updated May 2024), for the 50 states and the District of Columbia.6

Not legal advice

This page explains the federal rules in plain language. It isn’t legal advice. States add their own rules on top of IDEA and sometimes set different timelines, so read your state’s procedural safeguards notice. For help with your own situation, contact your state’s Parent Training and Information Center.7

Who qualifies

The 13 IDEA disability categories

A diagnosis alone doesn’t make a child eligible. Under IDEA, a “child with a disability” has one of the conditions below and, because of it, needs special education and related services.8

If an evaluation shows a child has one of these disabilities but needs only a related service and not special education, the child doesn’t qualify under IDEA, unless the state counts that service as special education.8 A child who doesn’t qualify under IDEA may still qualify under Section 504. The regulation defines 13 terms, summarized here in plain words. The legal definitions are at 34 CFR 300.8(c).8, 9

  1. 1

    Autism

    A developmental disability that significantly affects verbal and nonverbal communication and social interaction, generally evident before age 3. A child who shows the characteristics after age 3 can still be identified.

  2. 2

    Deaf-blindness

    Hearing and vision impairments together, causing communication, developmental and educational needs so severe that a program for deafness alone or blindness alone can’t meet them.

  3. 3

    Deafness

    A hearing impairment so severe that the child is impaired in processing language through hearing, with or without amplification.

  4. 4

    Emotional disturbance

    One or more of five characteristics, over a long period and to a marked degree: trouble learning not explained by intellectual, sensory or health factors; trouble building or keeping relationships with peers and teachers; inappropriate behavior or feelings in normal circumstances; a general, pervasive mood of unhappiness or depression; or physical symptoms or fears tied to personal or school problems. It includes schizophrenia.

  5. 5

    Hearing impairment

    A permanent or fluctuating hearing impairment that doesn’t meet the definition of deafness.

  6. 6

    Intellectual disability

    Significantly below-average general intellectual functioning together with deficits in adaptive behavior, appearing during the developmental period. The law formerly used the term “mental retardation.”

  7. 7

    Multiple disabilities

    Two or more impairments together, such as intellectual disability and blindness, causing needs too severe for a program built for just one of them. Deaf-blindness is its own category.

  8. 8

    Orthopedic impairment

    A severe orthopedic impairment, whether present at birth, caused by disease, or from other causes such as cerebral palsy, amputations, or fractures or burns that cause contractures.

  9. 9

    Other health impairment

    Limited strength, vitality or alertness from a chronic or acute health problem. The regulation names asthma, ADD and ADHD, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia and Tourette syndrome. See our ADHD basics guide.

  10. 10

    Specific learning disability

    A disorder in the basic processes of understanding or using language, which can show up as trouble listening, thinking, speaking, reading, writing, spelling or doing math. It includes dyslexia. It doesn’t include learning problems that mainly result from vision, hearing or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural or economic disadvantage. See learning disabilities basics.

  11. 11

    Speech or language impairment

    A communication disorder such as stuttering, impaired articulation, a language impairment or a voice impairment.

  12. 12

    Traumatic brain injury

    An acquired injury to the brain caused by an external physical force, from an open or closed head injury, affecting areas such as memory, attention, reasoning, speech or physical function. It doesn’t cover brain injuries that are congenital, degenerative or caused by birth trauma.

  13. 13

    Visual impairment, including blindness

    An impairment in vision that, even with correction, adversely affects the child’s educational performance. It covers both partial sight and blindness.

Each definition except deaf-blindness and multiple disabilities says the condition “adversely affects a child’s educational performance.”8 Shares are of students ages 3 to 21 served under IDEA in 2022–23; NCES reports deafness within hearing impairments.6

A 14th option: developmental delay

States may also let schools use developmental delay for children ages 3 through 9, or a narrower range such as 3 through 5. It covers a child with delays, as the state defines and measures them, in physical, cognitive, communication, social or emotional, or adaptive development, who needs special education because of them.8, 10 Children with developmental delays were 7% of students served in 2022–23.6

Students ages 3 to 21 served under IDEA, by disability, 2022–23
  • Specific learning disability32%
  • Speech or language impairment19%
  • Other health impairment15%
  • Autism13%
  • Developmental delay7%
  • Intellectual disability6%
  • Emotional disturbance4%
  • Each of the other six2% or less

Source: NCES, Condition of Education, Students With Disabilities. The other six are multiple disabilities, hearing impairments, orthopedic impairments, visual impairments, traumatic brain injuries and deaf-blindness.6

Birth to age 3

Early intervention (Part C) vs. school-age services (Part B)

If you’re worried about a baby or toddler’s development, you don’t have to wait for school. Part C of IDEA covers early intervention for children under 3.

A child under 3 qualifies if they need early intervention because of a developmental delay in cognitive, physical (including vision and hearing), communication, social or emotional, or adaptive development, or because they have a diagnosed condition with a high probability of causing a delay, such as a chromosomal or genetic disorder. States may also choose to serve toddlers who are at risk.5

  1. Referral to plan in 45 days. From the day the early intervention program receives a referral, the evaluation, the assessments of the child and family, and the first IFSP meeting must be done within 45 days. The clock pauses for documented exceptional family circumstances, or while a parent hasn’t given consent despite repeated, documented attempts.11
  2. An IFSP, not an IEP. The plan is an Individualized Family Service Plan. It describes your child’s development, your family’s resources, priorities and concerns if you agree to include them, the outcomes you’re working toward, and the services, provided in the child’s natural environment to the maximum extent appropriate.12
  3. Review every six months. The IFSP is reviewed every six months, or sooner if conditions warrant or you ask, and a meeting to evaluate it is held at least once a year.13
  4. The handoff at age 3. If your toddler may be eligible for preschool special education, the program holds a transition conference with you and the school district, with your approval, at least 90 days and, if everyone agrees, up to 9 months before the third birthday.14 For a child eligible under Part B, an IEP or IFSP must be in effect by the third birthday.2
TopicPart C: early interventionPart B: special education
AgesUnder 35Generally 3 through 212
Written planIndividualized Family Service Plan (IFSP)12Individualized Education Program (IEP)15
FocusOutcomes for the child and family, including the family’s priorities and concerns12The child’s education and progress in the general curriculum15
Where services happenNatural environments, to the maximum extent appropriate12The least restrictive environment, with nondisabled peers to the maximum extent appropriate16
First timeline45 days from referral to the first IFSP meeting1160 days from consent to evaluation (or the state’s timeline), then 30 days from eligibility to the first IEP meeting17, 18
ReviewEvery six months, evaluated at least yearly13At least once a year19

NICHCY’s Part C pages are now kept by the Center for Parent Information and Resources, which explains the basics and links to ways to find services where you live.20

Step one

How evaluation works

Every child must have a full and individual evaluation before receiving special education for the first time. Either a parent or the school can ask for one.17

Schools also have a duty of their own, called child find: each state must identify, locate and evaluate children with disabilities who need special education, including children in private schools, children who are homeless and wards of the state.10

  1. Ask in writing. Write to the principal or the district’s special education office, describe your concerns, ask for a full evaluation, and keep a dated copy. A written request gives you a record of when you asked.
  2. The school answers in writing. When it proposes, or refuses, to evaluate, the school must give you prior written notice explaining what it will or won’t do and why.21 You also get a copy of your procedural safeguards on an initial referral or a parent request for evaluation.22
  3. You give informed consent. The school needs your informed consent before the initial evaluation. Consent to evaluate is not consent to services; that is a separate decision.23
  4. The clock runs. The evaluation must be done within 60 days of receiving your consent, or within your state’s own timeframe if it has one.17 Unless a rule says otherwise, “day” in IDEA’s regulations means calendar day.24
  5. The evaluation looks at the whole child. The school must use a variety of tools, including information from you, can’t rely on any single measure, and must assess every area related to the suspected disability, such as health, vision, hearing, social and emotional status, academics, communication and motor skills.25
  6. A team, including you, decides. A group of qualified professionals and the parent decide whether the child is eligible, and you get a free copy of the evaluation report and the eligibility paperwork.26 A child can’t be found eligible if the deciding factor is a lack of appropriate reading or math instruction, or limited English proficiency.26

If you disagree with the evaluation

You can ask for an independent educational evaluation by an examiner who doesn’t work for the district, at public expense. The school must, without unnecessary delay, either pay for it or file for a due process hearing to show its own evaluation was appropriate. You get one at public expense each time the school does an evaluation you disagree with.27

Private evaluations count too

If you share an evaluation you paid for, the school must consider it in decisions about your child’s education, as long as it meets the agency’s criteria.27

Reevaluation

A reevaluation happens at least once every 3 years, unless you and the school agree it isn’t needed, and not more than once a year unless you both agree. You or a teacher can ask for one.28

Before services end

The school must reevaluate before deciding a child no longer has a disability, except when the student graduates with a regular diploma or ages out. Then the student gets a summary of their achievement with recommendations for meeting their postsecondary goals.29

The plan

What’s in an IEP

The IEP is a written statement, developed in a meeting, that must include seven things.15

  1. Present levels. How your child is doing now, academically and functionally, and how the disability affects their involvement and progress in the general curriculum (for preschoolers, in appropriate activities).
  2. Measurable annual goals. Academic and functional goals. Children who take alternate assessments aligned to alternate achievement standards also need benchmarks or short-term objectives.
  3. How progress is measured and reported. Including when you’ll get progress reports, for example quarterly or with report cards.
  4. Services and supports. The special education, related services and supplementary aids and services your child will get, based on peer-reviewed research to the extent practicable, plus any program changes or supports for school staff.
  5. Time apart from nondisabled peers. An explanation of how much, if any, your child won’t take part with nondisabled children in regular classes and activities.
  6. Testing. Accommodations for state and districtwide tests, or why an alternate assessment is needed and appropriate.
  7. The details. When services start, and how often, where and for how long they’ll be provided.

From the first IEP in effect when your child turns 16, or earlier if the team decides, the IEP also has transition goals and services. At least one year before your child reaches the age of majority under state law, it must say the student has been told which rights will transfer to them.15

Related services help a child benefit from special education. They include transportation, speech-language therapy, audiology, interpreting, psychological services, physical and occupational therapy, counseling, orientation and mobility, school health and nurse services, social work services in schools, and parent counseling and training.30

Placement follows the least restrictive environment rule: children with disabilities are educated with nondisabled children to the maximum extent appropriate, and special classes or separate schooling happen only when education in regular classes, even with supplementary aids and services, can’t be achieved satisfactorily.16

The meeting

The IEP meeting, the team and the timelines

You are a full member of the IEP team. Parents are the first members the regulation lists.31

Who is on the IEP team

  • You, the parents
  • At least one regular education teacher of your child, if your child is or may be in regular classes
  • At least one special education teacher or provider of your child
  • A district representative who can provide or supervise special education, knows the general curriculum and knows the district’s resources
  • Someone who can interpret evaluation results, who can be one of the people above
  • Others you or the school invite who know your child or have special expertise, such as a therapist
  • Your child, whenever appropriate, and always invited when transition is discussed

A required team member can skip all or part of a meeting only if you agree in writing.31

Notice and scheduling

The school must tell you about the meeting early enough for you to attend, schedule it at a mutually agreed time and place, and say what it’s for, when and where it is, and who will be there.32

If you can’t be there

The school must use other ways to include you, such as individual or conference phone calls. It can meet without you only if it can’t convince you to attend, and it must keep records of its attempts.32

Interpreters and copies

The school must make sure you understand the meeting, including arranging an interpreter if you are deaf or your native language isn’t English, and give you a copy of the IEP at no cost.32

What the team must consider

Your child’s strengths, your concerns, the latest evaluation results and your child’s needs, plus special factors such as behavior supports, language needs for English learners, Braille, communication needs and assistive technology.19

60 daysConsent to completed evaluation, unless your state sets its own timeline17
30 daysEligibility decision to the meeting that writes the first IEP18
ASAPServices start as soon as possible after the IEP is written18
1 yearThe IEP is reviewed at least once a year19
3 yearsReevaluation, unless you and the school agree it isn’t needed28

An IEP must be in effect for each eligible child at the start of every school year, and every teacher and provider responsible for it must have access to it and know their part, including the specific accommodations and supports.18 If you move to another district in the same state during the school year, the new district must provide services comparable to the old IEP until it adopts that IEP or writes a new one.18

The school also needs your written consent before it provides special education for the first time. If you refuse, the school can’t use mediation or due process to override you. You can later revoke consent in writing; the school must then give prior written notice before services stop.23

Getting ready? The IEP Meeting Prep Checklist walks you through before, during and after, and the deadline calculator below works out your dates.

Free tool

Special education deadline calculator

Enter the dates you know and see the federal deadlines that follow from them, each with the regulation it comes from.

These are federal rules. Your state may set different timelines, so check your state’s procedural safeguards notice. Days are calendar days.24 Nothing you type leaves this page.

Deadline calculator

Fill in any row and leave the rest blank. Works offline once the page has loaded.

Two laws

Section 504 vs. IEP

An IEP comes from IDEA, a law that funds special education. A 504 plan comes from Section 504, an anti-discrimination law that provides no funding.1

Many children don’t need specially designed instruction but do need changes to how they learn or are tested. A student with a disability named in IDEA who doesn’t need special education may still be eligible under Section 504, for example for adjustments in the regular classroom.1

TopicIEP (IDEA)504 plan (Section 504)
What kind of lawA grant statute that funds special education, with conditions attached1A civil rights law banning disability discrimination in programs that receive federal money1
Who qualifiesA child in one of the 13 categories (or developmental delay) who needs special education because of it8A student with a physical or mental impairment that substantially limits one or more major life activities, such as learning33
Is a diagnosis enough?No. The child must also need special education8No. The impairment must substantially limit a major life activity1
What the child getsSpecially designed instruction plus related services4, 30Regular or special education and related aids and services that meet the student’s needs as adequately as other students’ needs are met34
The written planAn IEP with required contents, including measurable annual goals15The regulations set no required format. Carrying out an IEP is one way to meet Section 50434
EvaluationFull and individual, with parent consent, within 60 days or the state’s timeline17, 23Required before initial placement and before any significant change in placement; OCR requires parent permission for the first evaluation35, 1
ReviewIEP reviewed at least yearly; reevaluation at least every 3 years19, 28Periodic reevaluation; an IDEA-style reevaluation is one way to comply35
Parent safeguardsConsent, prior written notice, independent evaluations, records access, mediation, state complaints and due process22Notice, a chance to review records, an impartial hearing with representation by counsel, and a review procedure; no mediation requirement36, 1
Who oversees itEach state education agency administers IDEA in the state; the Department’s Office of Special Education and Rehabilitative Services administers the law1The Department’s Office for Civil Rights enforces Section 5041

If your child qualifies under IDEA, they must have an IEP, and the school doesn’t need to write a separate 504 plan: under the Section 504 regulations, carrying out an IEP is one way to meet Section 504’s requirements.1 A doctor’s diagnosis can be one of the sources the school considers, but by itself it doesn’t make a student eligible under Section 504.1 The Section 504 vs. IEP comparison printable puts this table on one page.

Procedural safeguards

Your rights as a parent

IDEA calls these protections procedural safeguards. Your school must give you a written explanation of them once a school year.

You also get a copy when your child is first referred or you ask for an evaluation, when you file your first state complaint or due process complaint in a school year, when certain discipline decisions are made, and any time you ask. Districts may also post the notice on their website.22

Consent

The school needs your informed consent before the first evaluation, before the first special education services and before reevaluations, with limited exceptions.23

Prior written notice

Before the school proposes or refuses to change your child’s identification, evaluation, placement or services, it must tell you in writing what it plans, why, what it based that on, and what other options it considered and rejected. The notice must be in understandable language and, unless clearly not feasible, in your native language.21

Your child’s records

You can inspect and review your child’s education records. The school must respond without unnecessary delay, before any IEP meeting, resolution session or hearing, and never more than 45 days after you ask.37

A seat at the table

You are a member of the IEP team and of the group that decides eligibility.31, 26

An independent evaluation

At public expense if you disagree with the school’s evaluation, under the conditions described in the evaluation section.27

Ways to resolve disputes

Mediation, state complaints and due process hearings, explained below.22

Resolving disputes

When you disagree with the school

Many disagreements are settled by talking. Put your concern in writing, ask the team to meet, and bring what you’ve seen at home. If that doesn’t work, IDEA gives you three formal routes.

Route 1

Mediation

Voluntary for both sides, and it can’t be used to deny or delay your right to a hearing. A qualified, impartial mediator runs it, and the state pays. Discussions are confidential. An agreement is written down, signed, legally binding and enforceable in court.38

Route 2

State complaint

Any person or organization can file a signed written complaint with the state education agency saying a school broke a special education rule. It must be about a violation within the past year. The state has 60 days to decide, extended only in exceptional circumstances or by agreement.39, 40

Route 3

Due process complaint

A request for a hearing before an impartial hearing officer about your child’s identification, evaluation, placement or FAPE. It must be filed within two years of when you knew or should have known about the problem, or within your state’s own limit if it has one. If you ask, or when a complaint is filed, the school must tell you about any free or low-cost legal help in your area.41

How a due process complaint unfolds

  1. Resolution meeting within 15 days of the district receiving your complaint, unless you both agree in writing to skip it or to use mediation.42
  2. 30-day resolution period. If the complaint isn’t resolved to your satisfaction within 30 days, the hearing can go ahead.42
  3. Decision within 45 days after that period ends, unless the hearing officer grants a specific extension at either side’s request.43
  4. Appeal. A party who disagrees can bring a civil action in state or federal court within 90 days of the decision, or within the state’s own limit. Some states have a state-level review first.44, 43

“Stay put”

While a due process complaint is pending, your child generally stays in their current educational placement unless you and the school agree otherwise. Some discipline cases follow separate rules.45

Due process is a legal proceeding. Your state’s Parent Training and Information Center can help you understand your options before you file.7

Life after school

Transition planning

Starting no later than the first IEP in effect when your child turns 16, or younger if the team decides, the IEP must look past graduation.15

It must include measurable postsecondary goals, based on age-appropriate transition assessments, for training, education, employment and, where appropriate, independent living skills, plus the transition services, including courses of study, needed to reach them. These are updated every year.15 Transition services are a coordinated set of activities, based on the student’s strengths, preferences and interests, that can include instruction, related services, community experiences, employment goals and daily living skills.46

The student is invited

The school must invite your child to any IEP meeting where transition goals are discussed. If they don’t attend, the school must take other steps to make sure their preferences and interests are considered.31

Rights can transfer

A state may transfer IDEA rights from parents to the student at the age of majority. The IEP must note, at least a year before, that the student has been told about this.47, 15

Leaving school

When a student graduates with a regular diploma or ages out, the school provides a summary of performance with recommendations for reaching their postsecondary goals.29 Of students ages 14 to 21 served under IDEA who left school in 2021–22, 74% graduated with a regular diploma.6

If you followed an old link

Where NICHCY’s resources went

For decades, NICHCY, the National Dissemination Center for Children with Disabilities, published fact sheets on disabilities, family rights under IDEA, IEPs and due process, and answered families’ calls. The center closed after its last grant from the U.S. Department of Education’s Office of Special Education Programs ended in September 2013. Its online information was to be preserved by a new center, the Center for Parent Information and Resources (CPIR).48

CPIR, at parentcenterhub.org, still hosts NICHCY materials today. Its Part C page is labeled “A legacy resource from NICHCY,”20 and it houses NICHCY’s Building the Legacy training curriculum on IDEA 2004, which NICHCY produced at the request of the Office of Special Education Programs.49 CPIR also keeps disability category fact sheets9 and a directory of the nearly 100 Parent Training and Information Centers and Community Parent Resource Centers in the U.S. and territories.7 The old nichcy.org addresses no longer work, so links to them need updating.

Terms

Glossary

IDEA
The Individuals with Disabilities Education Act, the federal special education law. Part B covers children ages 3 through 21; Part C covers babies and toddlers from birth to age 3.
FAPE
Free appropriate public education: special education and related services at public expense, provided under an IEP (34 CFR 300.17). Section 504 has its own FAPE standard (34 CFR 104.33).
Special education
Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability (34 CFR 300.39).
Related services
Supportive services a child needs to benefit from special education, such as speech-language therapy, occupational therapy, counseling or transportation (34 CFR 300.34).
IEP
Individualized Education Program: the written plan of goals, services and supports for a child who qualifies under IDEA Part B (34 CFR 300.320).
IFSP
Individualized Family Service Plan: the early intervention plan for an infant or toddler and the family under Part C (34 CFR 303.344).
Section 504 plan
A school’s written plan of accommodations and services under Section 504 of the Rehabilitation Act, a civil rights law. The regulations don’t require the plan to have a set format.
LRE
Least restrictive environment: children with disabilities learn alongside children without disabilities to the maximum extent appropriate (34 CFR 300.114).
Child find
Each state’s duty to identify, locate and evaluate children with disabilities who need special education, including children in private schools and children who are homeless (34 CFR 300.111).
Developmental delay
An optional category that states may use for children ages 3 through 9 (or a narrower range) instead of naming a specific disability (34 CFR 300.8(b)).
Independent educational evaluation (IEE)
An evaluation by a qualified examiner who doesn’t work for the school district. Parents who disagree with the school’s evaluation can ask for one at public expense (34 CFR 300.502).
Prior written notice
The written notice a school must give before it proposes or refuses to start or change a child’s identification, evaluation, placement or FAPE (34 CFR 300.503).
Procedural safeguards notice
The document explaining parents’ rights under IDEA. Schools must give it once a school year and at certain other times (34 CFR 300.504).
Mediation
A voluntary, confidential meeting with a trained, impartial mediator to settle a disagreement. The state pays for it (34 CFR 300.506).
State complaint
A signed written complaint to the state education agency that a school broke a special education rule (34 CFR 300.151 through 300.153).
Due process complaint
A request for a hearing before an impartial hearing officer about a child’s identification, evaluation, placement or FAPE (34 CFR 300.507).
Resolution meeting
The meeting a district must hold within 15 days of receiving a parent’s due process complaint, unless both sides waive it or choose mediation (34 CFR 300.510).
Stay put
The rule that a child usually stays in the current placement while a due process complaint is pending (34 CFR 300.518).
Transition services
Coordinated activities that help a student move from school to life after school, such as college, job training, work and independent living (34 CFR 300.43).
Age of majority
The age at which a state treats a young person as an adult. States may transfer IDEA rights from parents to the student at that age (34 CFR 300.520).
Parent Training and Information Center (PTI)
A parent center that helps families of children with disabilities understand their rights and take part in their education. Find yours at parentcenterhub.org.
Free to print

Three one-page sheets, free to copy and share under CC BY 4.0. Take the checklist to your next IEP meeting, keep the deadlines log in your child’s folder, and use the comparison when you’re weighing a 504 plan against an IEP.

For educators and librarians

Using this guide with families

Checked against sources on October 13, 2026

You’re welcome to link to this page from a parent center, a school district or special education department page, a library guide or a disability organization’s resource list. If your list still points to NICHCY or another special education guide that has gone offline, this page covers the same ground: the IDEA categories, evaluation, early intervention, IEPs, Section 504, procedural safeguards and transition. There are no ads and no sign-up, and every rule is cited to the federal regulation.

License

The text of this page and the printables are licensed under Creative Commons Attribution 4.0 International (CC BY 4.0). Print them, share them or adapt them. Just credit Inchy and link back here.

Suggested citation (APA 7)

Inchy. (2026). The IEP and special education guide for parents: IDEA categories, evaluation, IEPs, Section 504 and your rights. https://inchyapp.com/iep-and-special-education-guide/

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Sources

Each source was opened and checked against this page on October 13, 2026. Regulation text was checked against the Electronic Code of Federal Regulations, title 34, as amended through October 8, 2026.

  1. U.S. Department of Education, Office for Civil Rights. (2025). Frequently asked questions: Section 504 free appropriate public education (FAPE) (page last reviewed June 30, 2025). https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/frequently-asked-questions-section-504-free-appropriate-public-education-fape
  2. 34 CFR § 300.101 Free appropriate public education (FAPE). Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.101
  3. 34 CFR § 300.17 Free appropriate public education. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.17
  4. 34 CFR § 300.39 Special education. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.39
  5. 34 CFR § 303.21 Infant or toddler with a disability. Electronic Code of Federal Regulations, title 34, part 303, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-303.21
  6. National Center for Education Statistics. (2024). Students with disabilities. Condition of Education. U.S. Department of Education, Institute of Education Sciences. https://nces.ed.gov/programs/coe/indicator/cgg/students-with-disabilities
  7. Center for Parent Information and Resources. (n.d.). Find your Parent Center. Retrieved October 13, 2026. https://www.parentcenterhub.org/find-your-center/
  8. 34 CFR § 300.8 Child with a disability. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.8
  9. Center for Parent Information and Resources. (n.d.). Categories of disability under Part B of IDEA. Retrieved October 13, 2026. https://www.parentcenterhub.org/categories/
  10. 34 CFR § 300.111 Child find. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.111
  11. 34 CFR § 303.310 Post-referral timeline (45 days). Electronic Code of Federal Regulations, title 34, part 303, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-303.310
  12. 34 CFR § 303.344 Content of an IFSP. Electronic Code of Federal Regulations, title 34, part 303, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-303.344
  13. 34 CFR § 303.342 Procedures for IFSP development, review, and evaluation. Electronic Code of Federal Regulations, title 34, part 303, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-303.342
  14. 34 CFR § 303.209 Transition to preschool and other programs. Electronic Code of Federal Regulations, title 34, part 303, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-303.209
  15. 34 CFR § 300.320 Definition of individualized education program. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.320
  16. 34 CFR § 300.114 LRE requirements. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.114
  17. 34 CFR § 300.301 Initial evaluations. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.301
  18. 34 CFR § 300.323 When IEPs must be in effect. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.323
  19. 34 CFR § 300.324 Development, review, and revision of IEP. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.324
  20. Center for Parent Information and Resources. (2023). Part C of IDEA: Early intervention for babies and toddlers (a legacy resource from NICHCY; updated June 2014 and May 2023). https://www.parentcenterhub.org/partc/
  21. 34 CFR § 300.503 Prior notice by the public agency; content of notice. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.503
  22. 34 CFR § 300.504 Procedural safeguards notice. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.504
  23. 34 CFR § 300.300 Parental consent. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.300
  24. 34 CFR § 300.11 Day; business day; school day. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.11
  25. 34 CFR § 300.304 Evaluation procedures. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.304
  26. 34 CFR § 300.306 Determination of eligibility. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.306
  27. 34 CFR § 300.502 Independent educational evaluation. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.502
  28. 34 CFR § 300.303 Reevaluations. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.303
  29. 34 CFR § 300.305 Additional requirements for evaluations and reevaluations. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.305
  30. 34 CFR § 300.34 Related services. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.34
  31. 34 CFR § 300.321 IEP Team. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.321
  32. 34 CFR § 300.322 Parent participation. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.322
  33. 34 CFR § 104.3 Definitions. Electronic Code of Federal Regulations, title 34, part 104, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-104.3
  34. 34 CFR § 104.33 Free appropriate public education. Electronic Code of Federal Regulations, title 34, part 104, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-104.33
  35. 34 CFR § 104.35 Evaluation and placement. Electronic Code of Federal Regulations, title 34, part 104, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-104.35
  36. 34 CFR § 104.36 Procedural safeguards. Electronic Code of Federal Regulations, title 34, part 104, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-104.36
  37. 34 CFR § 300.613 Access rights. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.613
  38. 34 CFR § 300.506 Mediation. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.506
  39. 34 CFR § 300.153 Filing a complaint. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.153
  40. 34 CFR § 300.152 Minimum State complaint procedures. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.152
  41. 34 CFR § 300.507 Filing a due process complaint. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.507
  42. 34 CFR § 300.510 Resolution process. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.510
  43. 34 CFR § 300.515 Timelines and convenience of hearings and reviews. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.515
  44. 34 CFR § 300.516 Civil action. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.516
  45. 34 CFR § 300.518 Child’s status during proceedings. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.518
  46. 34 CFR § 300.43 Transition services. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.43
  47. 34 CFR § 300.520 Transfer of parental rights at age of majority. Electronic Code of Federal Regulations, title 34, part 300, current as of October 8, 2026. https://www.ecfr.gov/current/title-34/section-300.520
  48. Samuels, C. A. (2013, November 27). Longtime special education resource to be reborn as part of new center. Education Week. https://www.edweek.org/leadership/longtime-special-education-resource-to-be-reborn-as-part-of-new-center/2013/11
  49. Center for Parent Information and Resources. (n.d.). Building the Legacy: A training curriculum on IDEA 2004. Retrieved October 13, 2026. https://www.parentcenterhub.org/legacy/

This page is general information about federal special education law. It is not legal advice, and state laws add their own requirements. For help with a specific situation, contact your state’s Parent Training and Information Center or a qualified attorney. Inchy is an independent publication and is not affiliated with the U.S. Department of Education.