Disproportionality and inequity exist in the special education services that U.S. children receive based on factors such as race, geographic location, and resources of the school system. Overrepresentation and underrepresentation are both prevalent issues and can vary by region or school district and are likely due to multiple factors. Although several areas of special education services have been examined critically, one missing piece in the literature seems to be the writing and revising of the Individualized Education Program (IEP). The purpose of this paper is to examine the literature and background of special education services and the IEP, followed by an examination of the required portions of the IEP form and where the existing law might allow for implicit biases, specifically racism, to surface in the development of this program and its implementation.