Special Education:
WHAT IS AN IEP?19
The IEP is the written plan for the child's education services. The purpose of the IEP meeting is to talk about the child's strengths and needs, and develop a written plan to address those needs. The child's strengths and needs are determined by formal evaluations and informal observations by teachers, parents and others. The IEP team must consider the results of the initial evaluation or most recent evaluation, and the concerns of the parents for enhancing their child's education.
Every child with disabilities needing special education must have an IEP completed within 30 days of eligibility for special education. IEPs must be reviewed and updated at least once each year. Parents or school district personnel may request an IEP meeting at any time.
WHO ATTENDS THE IEP MEETING?20
The following people must be at the IEP meeting and are considered the IEP team members:
School districts must notify parents in writing of who will be attending the meeting. The school district may ask parents whom they intend to bring to the meeting. If parents are hearing impaired or do not understand English, the school district must have an interpreter at the meeting.21
CAN THE SCHOOL HAVE AN IEP MEETING WITHOUT THE PARENTS?
School districts must make diligent efforts to include the parents at the IEP meeting. If the parents cannot attend, the school must allow them to add their ideas by phone or in writing. If parents choose not to come to the IEP meeting, or if parents are repeatedly invited and do not respond or show up for the meeting, school districts can hold the IEP meeting without parents.22
WHAT MUST BE IN THE IEP?23
Parents already familiar with the IEP process will recognize that many of the IEP requirements have not changed. This includes the following information that must be listed on the IEP:
IEP EXAMPLE
Present Level of Performance
Jason enjoys shopping for small items (e.g. CDs, comic books, snack foods). He is able to choose and present items to a store clerk for purchase. Jason requires prompting 50% of the time to hand money to the clerk. He can identify $1, $5, $10 and $20 bills, but requires assistance in choosing appropriate bills for purchases.
Annual Goal
When making a purchase, Jason will independently choose and present to the clerk an appropriate bill 80% of the time.
Short-Term Objectives
HOW CAN I BE SURE THE IEP WILL BE FOLLOWED BY MY CHILD’S TEACHERS?24
The 1997 regulations included a requirement that each child’s IEP must be accessible to teachers, specialists, aides and any provider responsible for implementing the child’s IEP. Each teacher or provider must be informed of his or her role in carrying out the IEP and of the individualized accommodations, modifications and supports identified on the child’s IEP. Teachers must make a good faith effort to help the child achieve the goals and objectives listed on the IEP.
WHAT CHANGES WERE MADE TO THE LAW?24
The 1997 IDEA revision added requirements that focus on the child's involvement in the general curriculum and provide support to teachers. The law requires that the IEP team review special factors and that parents be regularly informed of their child's progress.
Involvement in the general curriculum and regular classroom:
The school must focus on your child's involvement and progress in the general curriculum. The general curriculum is the accepted plan of instruction, courses and activities that most children without disabilities receive. For example, a child's IEP will need to list the modifications that may be necessary for the student to participate in a school play, access the cafeteria or complete homework assignments.
The IEP must show whether the student will participate in statewide assessments with modifications or will not participate in the these assessments and why.
The location of services must be identified on the IEP so parents know where their child will receive physical therapy services, reading instruction or any other service provided by the district.
Under the new IDEA, there is a presumption that children with disabilities are to be educated in regular classes. If the child will not be educated in regular education classes and activities, the student's IEP must explain why the student will be educated separately. See Placement in the Least Restrictive Environment.
Supports to School Personnel:
If appropriate, the IEP must include a statement about the modifications and supports that teachers, instructional aides and specialists may need to help the child make progress toward annual goals, the general curriculum, and education with other children. For example, a teacher may need training on how to use a student's communication device. This need for teacher training should be identified on the IEP.
Five Special Factors:
A new requirement of the IDEA is that the IEP team consider five special factors. If the child has an educational need in any of the following five areas, it must be addressed on the IEP.
Learning About Your Child's Progress:
Parents of children with disabilities must be regularly informed of their child's progress. How often this occurs must be on the IEP. A school district must inform parents at least as often as it informs parents of children without disabilities. As before, the IEP must be reviewed once a year. However, the 1997 IDEA revisions require districts to revise the IEP, as appropriate, to deal with any lack of expected progress, results of any reevaluation, information about the child provided by the parents, the child's anticipated needs and other matters.
Parents have the right to written notice any time the district proposes to review or revise the IEP. Parents have the right to written notice any time the district refuses to make a change that the parents requested in the child's IEP. See Notice Rules.
Parents have the right to:
Parents may ask for additional IEP meetings, request mediation, write a letter of complaint, or request a due process hearing to resolve any disputes involving the IEP. See Resolving Disagreements.