Avoiding Common Pitfalls in IEP Development & Implementation
Creating and carrying out an Individualized Education Program (IEP) can have a lasting impact on a child’s educational experience. For students with disabilities, a well-structured IEP is more than just a document—it’s a tool that supports access to meaningful learning opportunities.
Families and educators in Maryland need to be aware of potential issues that can compromise the effectiveness of an IEP. Our knowledgeable attorneys at Advocates for the Voiceless in Riverdale Park, Maryland, understand that recognizing common problems early on enables timely correction and helps protect students’ rights under disability law.
Misunderstanding the Legal Purpose of the IEP
One of the first challenges in the IEP process is a general misunderstanding of what an IEP is intended to do. It’s not a general education support plan or a list of ideal goals.
Rather, it’s a legally binding document developed to provide a student with a free appropriate public education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA).
When schools treat IEPs as informal teaching suggestions, rather than legal obligations, students can be denied services they’re entitled to under disability law. Maryland schools are legally required to carry out IEP provisions as written unless the IEP team—including the parent—agrees to a change.
Rushing Through the Evaluation Process
The foundation of every IEP lies in accurate and comprehensive evaluations. When schools cut corners during assessments or rely on outdated data, the resulting IEP may not reflect the child’s true needs.
Evaluations must cover a range of functional areas, not just academics. Social-emotional behavior, communication, motor skills, and sensory processing should also be considered when appropriate. An incomplete evaluation can lead to inappropriate goals, services, or placements.
Parents should be included throughout the evaluation process. If there’s disagreement with the school’s findings, Maryland parents have the right to request an Independent Educational Evaluation (IEE) at public expense.
Excluding the Parent Voice
The IDEA clearly states that parents are full and equal participants in the IEP process. However, in practice, some districts in Maryland may limit meaningful involvement by controlling meeting times, using excessive educational jargon, or presenting predetermined decisions.
When parents aren’t given a real opportunity to contribute, key information about the child’s needs can be overlooked. Worse, this can foster mistrust between families and schools, making collaboration harder in the long run.
To support productive participation, schools should offer accessible meeting times, explain documents in clear terms, and invite parent input throughout—not just at the end of the meeting. Legal professionals focused on disability law frequently advise parents to bring written notes or advocate support to these meetings.
Setting Vague or Unmeasurable Goals
An IEP must include measurable annual goals that align with the student’s unique needs. Vague language like “improve reading skills” or “show more confidence” doesn’t give teachers enough guidance to track progress or adjust instruction. Strong goals are:
Specific: Tied to observable skills
Measurable: Can be tracked through data
Achievable: Appropriate to the student’s present levels
Relevant: Linked to educational needs
Time-bound: Set within a year
Without clear goals, it’s difficult to determine whether a child is making meaningful progress. Maryland families can request clarification or revision of any goal that lacks specificity.
Misalignment Between Services and Needs
Another common issue involves services that don’t align with the child’s identified needs. For example, a student with social-emotional challenges may receive reading support but no counseling or behavioral intervention.
Service hours must reflect what the student requires to access the curriculum, not what the school typically offers. If a child needs more frequent occupational therapy than what’s available in the district’s usual schedule, the IEP should still reflect that need.
Maryland disability law recognizes that educational benefit means more than minimal progress. Services must be designed to help students make meaningful educational gains.
Overlooking Accommodations and Modifications
Accommodations and modifications are essential components of IEPs, especially for students who struggle in general education settings. Still, some IEPs lack a thoughtful approach to these supports. Common problems include:
Listing only generic accommodations like “extra time”
Applying the same accommodations across all subjects without consideration of subject-specific needs
Failing to specify who’s responsible for implementing the supports
A well-written IEP will clearly identify what accommodations are needed, when they apply, and how they’ll be delivered. Maryland families can push for more detailed entries when the IEP lacks this clarity.
Failing to Monitor Progress
Once the IEP is in place, schools must track progress toward the goals and report this to parents at regular intervals. Unfortunately, this step is sometimes treated as a formality.
Progress updates should reflect actual data—not just broad statements like “making progress.” Teachers and service providers need to collect work samples, use rubrics, and apply consistent measurement tools.
Parents should ask for copies of progress data before IEP meetings. If progress reports are vague or infrequent, that may indicate a violation of disability law, particularly if the child isn’t meeting annual goals.
Ignoring Behavioral Needs
Some students with disabilities exhibit behaviors that interfere with learning. If these behaviors aren’t addressed through appropriate supports, both academic and social outcomes can suffer.
An IEP should include a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP) when needed. These tools help identify the reasons behind behavior and guide responses.
Common pitfalls include creating generic BIPs that don’t reflect the student’s unique profile or failing to train staff on how to carry out interventions. Maryland districts have an obligation to provide behavior support services when behavioral needs affect educational access.
Overreliance on Placement Rather Than Support
A child’s placement—such as general education with support or a separate classroom—should never be the starting point of an IEP discussion. Decisions should be based on needs first, with placement determined last.
When schools begin with placement in mind, they may write goals or services to match the placement, not the child. This backwards approach can deprive students of necessary supports.
In Maryland, disability law requires schools to place students in the least restrictive environment (LRE) that can meet their needs. That means placement decisions must come after a full discussion of services, accommodations, and goals.
Poor Communication Between Staff
Even when an IEP is written thoughtfully, it can fail in practice if school staff don’t communicate effectively. Teachers, aides, therapists, and counselors all play roles in implementing different parts of the IEP.
Problems arise when service providers aren’t informed of their responsibilities, don’t have access to the IEP, or misunderstand how to apply certain accommodations.
To avoid this, schools must hold internal meetings, share IEP documents with all relevant staff, and provide time for collaboration. Parents can request information about how the IEP is shared and implemented across staff.
Not Updating the IEP When Circumstances Change
IEPs are living documents that must evolve with the student’s needs. Yet, it’s common for schools to wait until the annual review to make changes, even when new concerns arise mid-year.
Major changes in behavior, academic regression, or new diagnoses should prompt an IEP meeting. Maryland parents have the right to request such a meeting at any time—not just during the scheduled annual review.
Waiting too long to revisit the IEP can result in missed opportunities for support and potential legal violations under disability law.
Inadequate Transition Planning
For students aged 14 and older in Maryland, transition services must be included in the IEP. These services prepare students for life after high school, including employment, education, and independent living. Common mistakes in transition planning include:
Failing to involve the student in planning
Writing vague goals like “will explore job options”
Not including specific services or agencies in the plan
Effective transition plans identify post-secondary goals and connect the student to real-world experiences. This part of the IEP deserves attention as it has a lasting impact beyond school.
When to Seek Legal Support
When IEP issues go unresolved, legal intervention may become necessary. Maryland families can seek help from advocates or attorneys familiar with disability law to address violations, request due process hearings, or negotiate appropriate services.
Signs that legal action may be appropriate include:
The school repeatedly ignores requests for meetings
Services listed in the IEP aren’t being provided
The student is making little to no progress despite multiple IEP cycles
Parents are being excluded from decision-making
Avoiding pitfalls in IEP development and implementation requires ongoing attention, collaboration, and legal awareness. While the process can be challenging, each child’s success depends on whether the IEP truly reflects their individual needs and is carried out with fidelity.
Get What You Deserve
For families in Maryland, working with professionals who understand disability law can help uphold student rights and promote meaningful educational outcomes. A strong IEP is more than compliance—it’s a pathway to growth and opportunity when done well. Serving Riverdale Park, Maryland, and beyond, contact us at Advocates for the Voiceless today!
