Ensuring a Free Appropriate Public Education (FAPE): Advocacy for IEP Rights

Congruence Law, P.C. Stands with Families Fighting for Special Education Support

Every child deserves the opportunity to learn and thrive in school—including students with disabilities. Under the Individuals with Disabilities Education Act (IDEA), eligible students are entitled to a Free Appropriate Public Education (FAPE) through an Individualized Education Program (IEP) tailored to their unique needs. But far too often, schools delay, deny, or water down these rights—leaving families frustrated and children falling behind.

At Congruence Law, P.C., we represent parents whose children have been denied evaluations, meaningful services, or proper educational support under IDEA. We help families assert their rights—and hold school districts accountable.

What Is an IEP?

An Individualized Education Program (IEP) is a legally binding document that outlines the specialized instruction, services, and accommodations a child with a disability must receive in school. Every IEP must be:

• Tailored to the child’s specific learning needs

• Developed collaboratively with parents and school staff

• Reviewed annually, and adjusted as needed to ensure progress

Common IEP Components

➤ Present Levels of Academic and Functional Performance (PLAAFP). A snapshot of how the student is currently performing, used to set realistic and measurable goals.

➤ Measurable Annual Goals. Specific academic or developmental targets the child should achieve within a year.

➤ Special Education Services. Details on direct instruction, related services (like speech or occupational therapy), and support personnel.

➤ Accommodations and Modifications. Changes in classroom instruction or testing to allow the student to access grade-level curriculum.

➤ Placement and Least Restrictive Environment (LRE). The IEP must justify any removal from general education and seek the most inclusive setting possible.

Red Flags That Your Child’s IEP Rights May Be Violated

• You requested an evaluation, but the school delayed or denied it

• The school insists on a “one-size-fits-all” plan without tailoring to your child

• Your concerns are ignored or excluded during IEP meetings

• Services listed in the IEP are not being delivered

• Your child is punished for behaviors tied to their disability

• The IEP fails to address known challenges or areas of regression

What We Do at Congruence Law, P.C.

We support families at every stage of the special education process:

• Filing formal evaluation requests under Child Find obligations

• Attending IEP meetings and advocating for appropriate goals and supports

• Challenging inadequate services or unlawful placements

• Filing state complaints, OCR complaints, or due process hearing requests

• Negotiating compensatory services for missed or denied support

• Representing parents at mediations and due process hearings

We also help families understand and use procedural safeguards, from requesting IEP records to enforcing your right to participate meaningfully in all decisions.

School District Excuses—and How We Respond

“Your child isn’t struggling enough.”→ IDEA requires evaluation based on suspected disability—not demonstrated failure.

“We don’t offer that service.”→ IEPs are individualized, not based on what's available or convenient for the school.

“We’re short-staffed.”→ Staffing shortages don’t excuse failure to provide FAPE. Legal obligations still apply.

“You need to agree right now.”→ Parents have the right to review and consider proposals. Pressure tactics violate IDEA safeguards.

Pitfalls to Avoid

• Not requesting evaluations or changes in writing. Always document communication with school personnel.

• Accepting vague IEP language. Goals and services must be clear, measurable, and enforceable.

• Delaying legal action. IDEA has strict timelines. Early action can prevent long-term harm.

• Assuming the school “knows best.” Parents are co-equal members of the IEP team—your input matters.

Why Choose Congruence Law, P.C.

We believe students with disabilities deserve more than compliance—they deserve advocacy that makes a difference. We combine legal precision with compassionate understanding to help families access the education their children are entitled to by law.

If your child’s IEP has been ignored, denied, or improperly implemented, contact us today at:

education@congruencelaw.com or at 202-630-8141.

Let us help you fight for the future your child deserves—because every student has the right to learn, grow, and succeed.