The Individualized Education Program: Procedural and Substantive Requirements

The Individuals with Disabilities Education Act (IDEA) consists of procedural and substantive requirements to which school district personnel must adhere in developing special education programs for students with disabilities. Ultimately, following these requirements will likely result in the development of a student’s individualized education program (IEP) that confers a free appropriate public education (FAPE) upon him or her. A failure to fulfill the procedural and substantive requirements of the IDEA, however, may result in the denial of a FAPE. Procedural requirements refer to specific processes that school district personal must adhere to such as (a) obtaining informed written consent from a student’s parents before conducting an evaluation of the student, (b) fielding an IEP team that consists of the members required by the IDEA, and (c) developing an IEP that consists of all the components required by the IDEA. Conversely, the substantive requirements ensure that the content of the IEP (e.g., present levels of academic achievement and functional performance, measurable annual goals) is written in such a way as to enable students to make progress in light of their circumstances. Unfortunately, the distinction between the procedural and substantive requirements is not clear and is frequently misunderstood. Our purpose in this article is to explain the characteristics of these two types of requirements and offer suggestions on how IEP teams can ensure they fulfill both the procedural and substantive responsibilities of the IDEA.