HomeIndividualized Education Plan (IEP)
Individualized Education Plan (IEP)
Generally, an IEP must include:
1. A statement of your child’s present levels of academic achievement and functional performance, including how your child’s disability affects his/her involvement and progress in the general education curriculum, i.e., the same curriculum as for nondisabled children, or for preschool children, how the disability affects participation in appropriate activities;
2. A statement of measurable annual academic and functional goals to meet needs that result from the disability to enable involvement in and progress in the general curriculum, and to meet other disability-related educational needs;
3. A description of benchmarks or short-term objectives if your child takes “alternate assessment aligned to alternate achievement standards;”
4. A description of how your child’s progress toward meeting the goals will be measured, and the frequency of reports on his/her progress;
5. “A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to [your] child, or on behalf of [your] child, and a statement of the program modifications or supports for school personnel that will be provided to enable [your] child” to advance toward achieving the goals, and to be involved in and make progress in the general curriculum, to participate in extracurricular and other non-academic activities, and to be educated with other children, both with and without disabilities;
6. An explanation of the extent, if any, to which the child will not participate with nondisabled children in regular classes and activities;
7. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of your child on State and district-wide assessments, and if the IEP Team determines that your child must take an alternate assessment instead of the regular one, an explanation of why your child cannot participate in the regular assessment and the particular alternate assessment that is appropriate.
8. The projected date for starting the services, and the expected frequency, location, and duration of those services.
[34 C.F.R. §300.320(a)]
There are additional standards (34 C.F.R. §300.320(b) relating to an IEP when your child turns sixteen, and what happens when he or she reaches the age of majority set by your State.
The IEP Team - Section 300.321
Generally, the IEP Team for your child must include: (1) you; (2)
not less than one regular education teacher of the child (if the child
is, or may be, participating in the regular education environment); (3)
not less than one special education teacher/provider of the child, or
where appropriate; (4) a representative of your school who is qualified
to provide, or supervise the provision of, specially designed
instruction to meet the unique needs of children with disabilities; who
is knowledgeable about the general education curriculum, and who is
knowledgeable about the availability of your school’s resources; (5) an
individual who can interpret the instructional implications of
evaluation results, and (6) at your discretion or the discretion of your
school, other individuals who have knowledge or special expertise
regarding your child, including related services personnel. Whenever
appropriate/possible your child should be included as well.
There
are additional requirements for participants when your child is sixteen
or is about to reach the age of majority. [34 C.F.R. §300.321(b)]
Subsections (c) through (f) of §300.321 deal with who determines the
expertise for a team member under category 6 above; the conditions for
your school designating a representative (category 4), and attendance at
IEP Team meetings, i.e., when missing a meeting is acceptable.
Parent Participation - Section 300.322
If yours is a two-parent household, your school has a duty to
ensure that one or both of you are at each IEP Team meeting, or that you
have the opportunity to be there, including (a) notifying you early
enough so you can make arrangements to attend and (b) scheduling the
meeting at a mutually agreed time and place. The notice from your school
has to tell you the purpose, time, and location of the meeting and who
will be attending. If neither of you can attend in person, your school
can use other methods such as individual or conference telephone calls
to obtain your participation. There are some circumstances in which an
IEP Team meeting can take place without you. Logically, that should be
comparatively rare, but check the Regulation. [34 C.F.R. §300.322(d)]
If
you are deaf or your native language is not English, your school has a
duty to take steps to ensure you understand the proceedings, including
providing an interpreter. Your school has to provide you with a copy of
the IEP at no cost.
When the IEP Must Be In Effect - Section 300.323
Generally, your school must have an IEP in effect for your child
at the beginning of each school year. There are special provisions for
children under five in 34 C.F.R. §300.323(b).
A meeting to
develop an IEP must be held within thirty days of the determination he
or she is eligible, and as soon as possible after development of the IEP
special education and related services should start. Your school is
required to make your child’s IEP available to everyone involved in your
child’s education, and to make sure each teacher and provider
understands his or her specific responsibilities in implementing the
IEP, and the specific accommodations, modifications, and supports that
must be provided under the IEP. [34 C.F.R. §300.323(c)(d)]
There are special provisions for transfers between schools, or transfers to/from another State. 34 C.F.R. §300.323(e), (f), (g)
Development, review, and revision of an IEP - Section 300.324
Generally, in developing the IEP the Team has to consider your
child’s strength, your concerns for enhancing his/her education; the
results of the initial or most recent evaluation, and the academic,
developmental and functional needs of your child. The Team must also
consider special factors, such as how to appropriately handle matters if
your child’s behavior impedes his or her learning or that of others; if
English proficiency is limited, what the language needs are; if your
child is blind or visually impaired, whether instruction in Braille is
appropriate; how best to communicate with your child and to enable him
or her to communicate most effectively with others, and whether
assistive technology devices or services would be appropriate.
A
regular education teacher must participate to the extent appropriate in
determining “appropriate positive behavioral interventions and supports
and other strategies for [your] child;” and supplemental aids, services,
program modifications and support for school personnel.
There
are other provisions relating to modifying an existing IEP by agreement
between you and your school; for keeping the IEP informed of such
changes; for consolidating Team meetings with separate purposes into a
single meeting, and for amending an IEP other than by agreement.
The
IEP must be reviewed not less than once a year to determine whether the
goals are being achieved, and to revise the IEP as appropriate.
Due Process Rights - Section 300.500-536
These sections set out in detail procedural safeguards to protect
your interests and those of your child. These are generally referred to
as due process rights. No attempt will be made here to summarize these
sections in detail. You should read these regulations, either at the
beginning of the evaluation/IEP process or if you start to get the
feeling that something “isn’t quite right.” For instance, if you believe
you aren’t being kept fully informed, or the school isn’t cooperating,
you might want to consult the Regulations in this section.
Each
State Educational Agency (your state government’s agency, department,
division, etc., that has responsibility for ensuring compliance with
IDEA and the Regulations) must ensure that each public agency
establishes, maintains, and implements procedural safeguards that meet
the requirements of §§ 300.500 through 300.536.
Under § 300.501
you have a right to review all records relating to the IEP, to
placement, and to your child’s FAPE. You have a right to be offered the
opportunity to participate in meetings about your child on these
subjects. You have a right to receive notice of meetings. You have a
right to be involved in placement decisions.
Under § 300.502, you
have a right to an independent educational evaluation of your child,
i.e., an evaluation conducted by someone who is qualified but who is not
employed by your school. On your request, your school has to provide
you with information about where an independent evaluation may be
obtained and about your school’s criteria for independent evaluations.
The criteria for an independent examination, including the
qualifications of an examiner, must be the same criteria and
qualifications used for your school’s evaluation. You may be entitled to
an independent evaluation without cost to you under certain conditions,
including if you disagree with the result of the evaluation made by
your school.
§300.503 sets the requirements for the type, timing
and contents of notices you must receive relating to your child’s
eligibility, the services to be provided, proposed changes in the
services, etc. The notice has to be in language understandable to you.
§
300.504 requires that your school must give you a copy of the
procedural safeguards available to you both at the time of the initial
evaluation, and not more than once every school year. The Regulation
includes other times. The contents of the procedural safeguards notice
must be explicit and detailed, and in conformance with the Regulations.
§ 300.505 allows you to decide to receive notices by email, if your school voluntarily makes that option available.
§
300.506 sets out the procedures for mediating disputes between you and
your school, that escalate beyond a brief disagreement. How mediation
occurs, who conducts the mediation, etc., are detailed in the
Regulation.
Conclusion
For decades, the United Negro College Fund campaign slogan has been “A Mind is a Terrible Thing to Waste.” That statement is equally true for your son or daughter. Educate yourself about IDEA and the Regulations so that you can work with your school, knowledgeably, calmly, and quietly—or in combat mode when you have no other recourse—to achieve the best possible education for your child.