Question:
What is an IEP?
Answer: IEP
stands for Individualized Education Program (alternatively called an
"Individualized Education Plan," "Individual Education
Plan," or some combination thereof). This is a legally binding document
that spells out exactly what special education services your child will receive
and why. It will include your child's classification , placement, services such as a one-on-one aide
and therapies, academic and behavioral goals, a behavior plan if needed,
percentage of time in regular education, and progress reports from teachers and
therapists. The IEP is planned at an IEP meeting.
What is IDEA?
IDEA stands for
Individuals with Disabilities Education Act.
Question: What are the different categories of disabilities?
Answer: The IDEA lists 13 different disability categories under which 3
through 21-year-olds may be eligible for services. For a child to be eligible
for services, the disability must affect the child’s educational performance.
The disability categories listed in IDEA are:
- autism
- deaf-blindness
- emotional disturbance
- hearing impairment (including deafness)
- mental retardation
- multiple disabilities
- orthopedic impairment
- other health impairment
- specific learning disability
- speech or language impairment
- traumatic brain injury
- visual impairment (including blindness)
What is the Basic Special Education Process under IDEA?
The
writing of each student’s IEP takes place within the larger picture of the
special education process under IDEA. Before taking a detailed look at the IEP,
it may be helpful to look briefly at how a student is identified as having a
disability and needing special education and related services and, thus, an
IEP.
Step 1. Child is identified as
possibly needing special education and related services.
“Child
Find.” The state must identify, locate, and evaluate all children with
disabilities in the state who need special education and related services. To
do so, states conduct “Child Find” activities. A child may be identified by
“Child Find,” and parents may be asked if the “Child Find” system can evaluate
their child. Parents can also call the “Child Find” system and ask that their
child be evaluated. Or--
Referral
or request for evaluation. A school professional may ask that a child be
evaluated to see if he or she has a disability. Parents may also contact the
child’s teacher or other school professional to ask that their child be
evaluated. This request may be verbal or in writing. Parental consent is needed
before the child may be evaluated. Evaluation needs to be completed within a
reasonable time after the parent gives consent.
Step 2. Child is evaluated.
The
evaluation must assess the child in all areas related to the child’s suspected
disability. The evaluation results will be used to decide the child’s
eligibility for special education and related services and to make decisions
about an appropriate educational program for the child. If the parents disagree
with the evaluation, they have the right to take their child for an Independent
Educational Evaluation (IEE). They can ask that the school system pay for this
IEE.
Step 3. Eligibility is decided.
A
group of qualified professionals and the parents look at the child’s evaluation
results. Together, they decide if the child is a “child with a disability,” as
defined by IDEA. Parents may ask for a hearing to challenge the eligibility
decision.
Step 4. Child is found eligible
for services.
If
the child is found to be a “child with a disability,” as defined by IDEA, he or
she is eligible for special education and related services. Within 30 calendar
days after a child is determined eligible, the IEP team must meet to write an
IEP for the child.
Once
the student has been found eligible for services, the IEP must be written. The
two steps below summarize what is involved in writing the IEP. This
guide will look at these two steps in much greater detail in the following
section.
Step 5. IEP meeting is
scheduled.
- The school system schedules and conducts
the IEP meeting. School staff must:
- contact the participants, including the
parents;
- notify parents early enough to make sure
they have an opportunity to attend;
- schedule the meeting at a time and place
agreeable to parents and the school;
- tell the parents the purpose, time, and
location of the meeting;
- tell the parents who will be attending; and
- tell the parents that they may invite
people to the meeting who have knowledge or special expertise about the
child.
Step 6. IEP meeting is held
and the IEP is written.
The
IEP team gathers to talk about the child’s needs and write the student’s IEP.
Parents and the student (when appropriate) are part of the team. If the child’s
placement is decided by a different group, the parents must be part of that
group as well.
Before
the school system may provide special education and related services to the
child for the first time, the parents must give consent. The child begins to
receive services as soon as possible after the meeting.
If
the parents do not agree with the IEP and placement, they may discuss their
concerns with other members of the IEP team and try to work out an agreement.
If they still disagree, parents can ask for mediation, or the school may offer
mediation. Parents may file a complaint with the state education agency and may
request a due process hearing, at which time mediation must be available.
Here
is a brief summary of what happens after the IEP is written.
Step 7. Services are provided.
The
school makes sure that the child’s IEP is being carried out as it was written.
Parents are given a copy of the IEP. Each of the child’s teachers and service
providers has access to the IEP and knows his or her specific responsibilities
for carrying out the IEP. This includes the accommodations, modifications, and supports
that must be provided to the child, in keeping with the IEP.
Step 8. Progress is measured
and reported to parents.
The
child’s progress toward the annual goals is measured, as stated in the IEP. His
or her parents are regularly informed of their child’s progress and whether
that progress is enough for the child to achieve the goals by the end of the
year. These progress reports must be given to parents at least as often as
parents are informed of their nondisabled children’s progress.
Step 9. IEP is reviewed.
The
child’s IEP is reviewed by the IEP team at least once a year, or more often if
the parents or school ask for a review. If necessary, the IEP is revised.
Parents, as team members, must be invited to attend these meetings. Parents can
make suggestions for changes, can agree or disagree with the IEP goals, and
agree or disagree with the placement.
If
parents do not agree with the IEP and placement, they may discuss their
concerns with other members of the IEP team and try to work out an agreement.
There are several options, including additional testing, an independent
evaluation, or asking for mediation (if available) or a due process hearing.
They may also file a complaint with the state education agency.
Step 10. Child is reevaluated.
At
least every three years the child must be reevaluated. This evaluation is often
called a “triennial.” Its purpose is to find out if the child continues to be a
“child with a disability,” as defined by IDEA, and what the child’s educational
needs are. However, the child must be reevaluated more often if conditions
warrant or if the child’s parent or teacher asks for a reevaluation.
What
are the contents of an IEP?
By law,
the IEP must include certain information about the child and the educational
program designed to meet his or her unique needs. In a nutshell, this
information is:
Current
performance. The IEP must state how the child is currently doing in school
(known as present levels of educational performance). This information usually
comes from the evaluation results such as classroom tests and assignments,
individual tests given to decide eligibility for services or during
reevaluation, and observations made by parents, teachers, related service providers,
and other school staff. The statement about "current performance"
includes how the child's disability affects his or her involvement and progress
in the general curriculum. The IEP must state how the child is currently doing
in school (known as present levels of educational performance). This
information usually comes from the evaluation results such as classroom tests
and assignments, individual tests given to decide eligibility for services or
during reevaluation, and observations made by parents, teachers, related
service providers, and other school staff. The statement about "current
performance" includes how the child's disability affects his or her
involvement and progress in the general curriculum.
Annual
goals. These are goals that the child can reasonably accomplish in a year. The
goals are broken down into short-term objectives or benchmarks. Goals may be
academic, address social or behavioral needs, relate to physical needs, or
address other educational needs. The goals must be measurable-meaning that it
must be possible to measure whether the student has achieved the goals. These
are goals that the child can reasonably accomplish in a year. The goals are
broken down into short-term objectives or benchmarks. Goals may be academic,
address social or behavioral needs, relate to physical needs, or address other
educational needs. The goals must be measurable-meaning that it must be
possible to measure whether the student has achieved the goals.
Special
education and related services. The IEP must list the special education and
related services to be provided to the child or on behalf of the child. This
includes supplementary aids and services that the child needs. It also includes
modifications (changes) to the program or supports for school personnel-such as
training or professional development-that will be provided to assist the child.
The IEP must list the special education and related services to be provided to
the child or on behalf of the child. This includes supplementary aids and
services that the child needs. It also includes modifications (changes) to the
program or supports for school personnel-such as training or professional
development-that will be provided to assist the child.
Participation
with nondisabled children. The IEP must explain the extent (if any) to which
the child will not participate with nondisabled children in the regular class
and other school activities. The IEP must explain the extent (if any) to which
the child will not participate with nondisabled children in the regular class
and other school activities.
Participation
in state and district-wide tests. Most states and districts give achievement
tests to children in certain grades or age groups. The IEP must state what modifications
in the administration of these tests the child will need. If a test is not
appropriate for the child, the IEP must state why the test is not appropriate
and how the child will be tested instead. Most states and districts give
achievement tests to children in certain grades or age groups. The IEP must
state
what modifications in the administration of these tests the child will need. If
a test is not appropriate for the child, the IEP must state why the test is not
appropriate and how the child will be tested instead.
Dates
and places. The IEP must state when services will begin, how often they will be
provided, where they will be provided, and how long they will last. The IEP
must state when services will begin, how often they will be provided, where
they will be provided, and how long they will last.
Transition
service needs. Beginning when the child is age 14 (or younger, if appropriate),
the IEP must address (within the applicable parts of the IEP) the courses he or
she needs to take to reach his or her post-school goals. A statement of
transition services needs must also be included in each of the child's
subsequent IEPs. Beginning when the child is age 14 (or younger, if
appropriate), the IEP must address (within the applicable parts of the IEP) the
courses he or she needs to take to reach his or her post-school goals. A
statement of transition services needs must also be included in each of the
child's subsequent IEPs. The IEP must state how the child is currently doing in
school (known as present levels of educational performance). This information
usually comes from the evaluation results such as classroom tests and
assignments, individual tests given to decide eligibility for services or
during reevaluation, and observations made by parents, teachers, related
service providers, and other school staff. The statement about "current
performance" includes how the child's disability affects his or her
involvement and progress in the general curriculum.These are goals that the
child can reasonably accomplish in a year. The goals are broken down into
short-term objectives or benchmarks. Goals may be academic, address social or
behavioral needs, relate to physical needs, or address other educational needs.
The goals must be measurable-meaning that it must be possible to measure
whether the student has achieved the goals.The IEP must list the special
education and related services to be provided to the child or on behalf of the
child. This includes supplementary aids and services that the child needs. It
also includes modifications (changes) to the program or supports for school
personnel-such as training or professional development-that will be provided to
assist the child.The IEP must explain the extent (if any) to which the child
will not participate with nondisabled children in the regular class and other
school activities.Most states and districts give achievement tests to children
in certain grades or age groups. The IEP must state what modifications in the
administration of these tests the child will need. If a test is not appropriate
for the child, the IEP must state why the test is not appropriate and how the
child will be tested instead.The IEP must state when services will begin, how
often they will be provided, where they will be provided, and how long they
will last. Beginning when the child is age 14 (or younger, if appropriate), the
IEP must address (within the applicable parts of the IEP) the courses he or she
needs to take to reach his or her post-school goals. A statement of transition
services needs must also be included in each of the child's subsequent IEPs.
Needed
transition services. Beginning when the child is age 16 (or younger, if
appropriate), the IEP must state what transition services are needed to help
the child prepare for leaving school.
Age
of majority. Beginning at least one year before the child reaches the age
of majority, the IEP must include a statment that the student has been told of
any rights that will transfer to him or her at the age of majority. (This
statement would be needed only in states that transfer rights at the age of
majority.)
Measuring
progress. The IEP must state how the child's progress will be measured
and how parents will be informed of that progress.
Writing an IEP.
To help decide what
special education and related services the student needs, generally the IEP
team will begin by looking at the child's evaluation results, such as classroom
tests, individual tests given to establish the student's eligibility, and
observations by teachers, parents, paraprofessionals, related service
providers, administrators, and others. This information will help the team
describe the student's "present levels of educational performance"
-in other words, how the student is currently doing in school. Knowing how the
student is currently performing in school will help the team develop annual
goals to address those areas where the student has an identified educational
need.
The IEP team must also
discuss specific information about the child. This includes:
- the
child's strengths;
- the
parents' ideas for enhancing their child's education;
- the
results of recent evaluations or reevaluations; and
- how
the child has done on state and district-wide tests.
- advance
toward the annual goals;
- be
involved in and progress in the general curriculum;
- participate
in extracurricular and nonacademic activities; and
- be
educated with and participate with other children with disabilities and
nondisabled children.
In addition, the IEP
team must consider the "special factors" described in the box below.
It is important that the
discussion of what the child needs be framed around how to help the child:
Based on the above
discussion, the IEP team will then write the child's IEP. This includes the
services and supports the school will provide for the child. If the IEP team
decides that a child needs a particular device or service (including an
intervention, accommodation, or other program modification), the IEP team must
write this information in the IEP. As an example, consider a child whose
behavior interferes with learning. The IEP team would need to consider positive
and effective ways to address that behavior. The team would discuss the
positive behavioral interventions, strategies, and supports that the child needs
in order to learn how to control or manage his or her behavior. If the team
decides that the child needs a particular service (including an intervention,
accommodation, or other program modification), they must include a statement to
that effect in the child's IEP.
What if the parents don't agree to the IEP?
There are times when parents may not agree with the school's
recommendations about their child's education. Under the law, parents have the
right to challenge decisions about their child's eligibility, evaluation,
placement, and the services that the school provides to the child. If parents
disagree with the school's actions-or refusal to take action-in these matters,
they have the right to pursue a number of options. They may do the following:
Try to reach an
agreement. Parents can talk with school officials about their concerns and try
to reach an agreement. Sometimes the agreement can be temporary. For example,
the parents and school can agree to try a plan of instruction or a placement
for a certain period of time and see how the student does. Parents can talk
with school officials about their concerns and try to reach an agreement.
Sometimes the agreement can be temporary. For example, the parents and school
can agree to try a plan of instruction or a placement for a certain period of
time and see how the student does. Parents can talk with school officials about
their concerns and try to reach an agreement. Sometimes the agreement can be
temporary. For example, the parents and school can agree to try a plan of
instruction or a placement for a certain period of time and see how the student
does.
Ask for mediation.
During mediation, the parents and school sit down with someone who is not
involved in the disagreement and try to reach an agreement. The school may
offer mediation, if it is available as an option for resolving disputes prior
to due process. During mediation, the parents and school sit down with someone
who is not involved in the disagreement and try to reach an agreement. The
school may offer mediation, if it is available as an option for resolving
disputes prior to due process. During mediation, the parents and school sit
down with someone who is not involved in the disagreement and try to reach an
agreement. The school may offer mediation, if it is available as an option for
resolving disputes prior to due process.
Ask for due process.
During a due process hearing, the parents and school personnel appear before an
impartial hearing officer and present their sides of the story. The hearing
officer decides how to solve the problem. (Note: Mediation must be available at
least at the time a due process hearing is requested.) During a due process
hearing, the parents and school personnel appear before an impartial hearing
officer and present their sides of the story. The hearing officer decides how
to solve the problem. (Note: Mediation must be available at least at the time a
due process hearing is requested.) During a due process hearing, the parents
and school personnel appear before an impartial hearing officer and present
their sides of the story. The hearing officer decides how to solve the problem.
(Note: Mediation must be available at least at the time a due process hearing
is requested.)
File a complaint with
the state education agency. To file a complaint, generally parents write
directly to the SEA and say what part of IDEA they believe the school has
violated. The agency must resolve the complaint within 60 calendar days. An
extension of that time limit is permitted only if exceptional circumstances
exist with respect to the complaint. To file a complaint, generally parents
write directly to the SEA and say what part of IDEA they believe the school has
violated. The agency must resolve the complaint within 60 calendar days. An
extension of that time limit is permitted only if exceptional circumstances
exist with respect to the complaint. To file a complaint, generally parents
write directly to the SEA and say what part of IDEA they believe the school has
violated. The agency must resolve the complaint within 60 calendar days. An
extension of that time limit is permitted only if exceptional circumstances
exist with respect to the complaint.
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