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The Individualized Education Program (IEP)
By Dina Kaplan, ESQ.

The Individuals with Disabilities Act (IDEA) defines the Individualized Education Program (IEP) as, "a written statement for each child with a disability that is developed, reviewed, and revised in accordance with" the Act. In the first article of this series, I listed all of the requirements for the IEP. At the end of this article, I will again list those requirements in case you missed them. You should make a copy of the requirements and bring it with you to your child’s IEP meeting. More about this later. First lets talk about the procedure for IEP meetings.

Your school district has 50 calendar days from the date that it receives your written consent to its assessment plan, within which to complete the assessments and hold an IEP meeting. These calendar days do not include school vacations longer than five days.

Your school district must hold annual IEP meetings for your child. However, parents can call an IEP meeting at any time they feel that the IEP should be changed or reviewed. It is important that you review your child’s IEP regularly to make sure it adequately addresses your child’s needs.

Remember to request, in writing, that the school district provide you with copies of assessments at least one day before the IEP meeting. You should review the assessments and be prepared to participate in the IEP meeting. Make notes about your child’s strengths and weaknesses as well as any other information you think the district needs to know in formulating the IEP. Do not forget to provide the IEP team with copies of medical reports and diagnoses of your child, if applicable, as well as current evaluations performed by private therapists that your child sees.

You are an equal participant in the IEP process and therefore, it is very important to be prepared. The meeting can be very intimidating for parents. Do not be afraid to speak up if there is something being discussed that you do not understand or do not agree with.

Who will be attending the IEP meeting? You, a special education teacher, a regular education teacher, if your child will be in the regular education program for any part of the day, a representative from the school district who has authority to approve the IEP and all of the professionals who assessed your child. Do not hesitate to invite any private professionals that your child sees whom you think would be helpful in formulating the IEP. You may also want to bring a friend or relative with you to take notes and act as a second pair of "ears." You are permitted to bring an advocate or attorney with you to an IEP meeting, but I would not suggest doing so unless you know that the meeting will be particularly contentious.

You should receive written notice from your school district listing the names and qualifications of the people who will be attending, as well as the date, time and place of the meeting. If for any reason you will not be able to attend the meeting, do not hesitate to contact the district and request a change.

You have the right to tape record the IEP meeting, but you must give the school district at least twenty-four hours notice that you intend to tape the meeting. The school district likewise must give you notice of their intent to tape the meeting. However, they may not tape the meeting without your permission to do so.

You do not have to approve the IEP at the meeting. If you would like to take it home and review it prior to signing it, you may do so. If your child is already receiving special education and related services pursuant to a prior IEP, he/she will continue to receive those services until you consent to the new IEP. If your child is not already receiving special education and related services, he/she will not receive these services until you consent to the IEP. You may agree to certain portions of the IEP and not others, in which case, those that you agree with may be implemented. As for the portions that you disagree with, you can try to resolve the disagreements informally or you may wish to request a Due Process Hearing. I will talk about Due Process Hearings and procedures in a subsequent article.

Keep in mind that the law favors the education of all children in the least restrictive environment. If this is not the regular classroom with supplementary aids and services, the IEP must state why and in what way the child’s disability affects his/her ability to be educated in a regular education program. A regular education setting may not always be appropriate depending on the unique needs of the child. The school district must provide a number of alternative placements for children including special schools, non-public schools, home instruction and a residential facility. Remember, parents are equal participants in the placement decision for their child. You should take the time to view the settings that are suggested for your child so that you are able to make an informed decision. Further, if you have viewed all of the possible settings and still cannot agree with the district on a placement, it may be necessary to request a Due Process Hearing to resolve this matter.

Once the IEP is implemented and if you discover that something is not working for your child or the class or if for any other reason you are not happy with the IEP, do not hesitate to request another meeting to review and/or revise the IEP.

Finally, the following is a list of the specific requirements for all IEPs as set forth in the law:

1) A statement of the child’s present levels of educational performance including:
a) how the child’s disability affects his/her involvement and progress in the general curriculum; or
b) for preschoolers, how the disability affects the child’s participation in appropriate activities;

2) A statement of measurable annual goals, including benchmarks or short term objectives related to:
a) meeting the child’s disability related needs to enable the child to be involved in and progress in the general curriculum; and
b) meeting all of the child’s other educational needs that result from his/her disability;

3) A statement of the special education and related services, and supplementary aids and services to be provided to the child and a statement of the program modifications or supports for school personnel that will enable the child:
a) to advance appropriately toward attaining annual goals;
b) to be involved in the general curriculum as well as extracurricular and nonacademic activities; and
c) to be educated and participate with non-disabled children in these activities;

4) An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and other activities, including:
a) a statement and supporting evidence that indicates why the student’s disability prevents him/her from being educated in a less restrictive environment with the use of supplementary aids and services;

5) A statement of any modifications necessary in order for the child to participate in student achievement tests and if such tests are not appropriate for the child, a statement of why not and how the child will be assessed;

6) The date that services and modifications will begin and the frequency, location and duration of these services and modifications;

7) For students 14 years old or younger, a statement of the transition service needs of the child according to the child’s IEP and courses of study (i.e., vocational education);

8) For students, 16 years old, or younger if appropriate, a statement of the needed transition services;

9) One year before a student turns 18, a statement that the student has been informed of his/her rights that will transfer to the student at age 18;

10) A statement of how the child’s progress toward the annual goals will be measured and how the child’s parents will be regularly informed of their child’s progress at least as often as parents are informed of their non-disabled children’s progress.

When appropriate, the IEP team should also consider the following:

 

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