Understanding
Your Child's Rights Is the Key to I.E.P. Success
(adapted by Hilary Pendleton, PADD Advocate and Francis Flood, PADD Director
from Alabama Protection and Advocacy Program and NICHCY)
What is an IEP? The Individuals with Disabilities Education Act (IDEA)
requires that an Individualized Education Program (IEP) be written for
each child with a disability. The IEP is a collaborative process, not
simply a written plan, designed to provide a free appropriate public education
in the least restrictive environment for a particular child. The written
document portion of the IEP reviews a child's present level of performance,
states the assistive technology devices or services that the school district
will provide for the child, sets measurable goals for the child to work
toward accomplishing during the year, explains how the child's progress
will be evaluated, and describes the environment in which the child will
receive services. An IEP is:
· Individual: the IEP must be addressed to the educational needs of your
child alone, rather than a class or group of children.
· Education: the IEP deals specifically with your child's educational
program and the special education services and supports that your child
will receive.
· Program: the IEP sets forth the goals and objectives of your child's
education and the means to accomplish these goals and objectives.
When is My Child's IEP Written? The IEP is written at an IEP meeting.
However, families can capitalize on the IEP process by strategizing and
formulating the framework of their child's written IEP prior to the actual
meeting by collaboratively discussing their child's strengths, present
levels of performance, and potential goals and objectives. If your child
has recently been identified, through a multidisciplinary evaluation,
as needing special education services, an IEP meeting must be held within
30 days of the date the school has determined eligibility. If your child
is already in special education, there should be an IEP meeting at least
once each year to write your child's IEP for the coming year. IEPs are
written for only one year at a time. IEP meetings also may be held at
other times, at the families' jurisprudence, if the IEP needs to be reviewed
or revised.
Will I be Notified About My Child's IEP Meeting? IDEA requires that the
school notify parents early enough to ensure that they will have an opportunity
to attend their child's IEP meeting. Included with written notification
should be a copy of procedural safeguards, informing parents of their
rights throughout the IEP process. IEP meetings must be held at a time
and place agreeable to both the school and the parents. The school's notification
must include the purpose, time and place of the meeting, and who will
be in attendance and participating. The school must take whatever action
is necessary to ensure that the family can understand the proceedings
at the meeting, including arranging for an interpreter, if they are hearing
impaired or if their native language is something other than English.
If neither parent can attend, the school must use other methods of ensuring
parental participation, including individual and conference telephone
calls. If the school is unable to convince parents that they should attend,
the school must have records documenting its efforts to contact the parents.
Who Attends the IEP Meeting? The IEP meeting should include at least the
following participants:
1. The child's parent(s) or surrogate parent(s)-IDEA makes parents/surrogate
parents an important part of the IEP team. Your input and suggestions
are very important;
2. At least one regular education teacher of the child (if the child is,
or may be, participating in a regular education setting);
3. At least one special education teacher or, where appropriate, at least
one special education provider of the child;
4. A representative of the LEA who is qualified to provide, or supervise
the provision of, specially designed instruction to meet the unique needs
of children with disabilities, is knowledgeable about the general curriculum,
and is knowledgeable about the availability of resources of the LEA;
5. At the discretion of the parents or the LEA, other individuals who
have knowledge or special expertise regarding the child, including related
services personnel (physical/occupational therapist, speech pathologist,
etc.), a disability advocate, or another parent as appropriate;
6. An individual who can interpret the instructional implications of evaluation
results (this individual may be a member of the team described above);
and
7. Whenever appropriate, the child with a disability.
What does the IEP Contain? The IEP should contain at least the following
basic information:
1. A statement of the child's present levels of educational performance,
including how the child's disability affects the child's involvement and
progress in the general curriculum.
2. A statement of measurable annual goals, including benchmarks or short-term
objectives, related to meeting the child's needs that result from the
child's disability to enable the child to be involved in and progress
in the general curriculum.
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 accommodations or supports for school personnel that will be provided
so that the child will: a) advance appropriately toward attaining his
or her annual goals; b) be involved and progress in the general curriculum
and participate in extracurricular and other nonacademic activities; and
c) be educated and participate with other children with disabilities and
children without disabilities.
4. An explanation of the extent, if any, to which the child will not participate
with children without disabilities in the regular class and in extracurricular
and other nonacademic activities, in addition to what placement alternatives
exist and which is most appropriate for the child.
5. A statement of any individual modifications in the administration of
state or district-wide assessments of student achievement that are needed
in order for the child to participate in the assessment. If the child's
IEP team determines that the child will not participate in a particular
assessment, or part of such an assessment, the IEP must contain a statement
of why that assessment is not appropriate for the child and how the child
will be otherwise assessed.
6. A statement of 1) how the child's progress toward his or her annual
goals will be measured; and 2) how the child's parents will be regularly
informed of the child's progress toward the annual goals and the extent
to which the progress is sufficient to enable the child to achieve the
goals by the end of the year. (Parents of children with disabilities must
be informed at least as often as parents of children without disabilities
are informed of their children's progress.)
7. The projected date for the beginning of services and accommodations,
and the anticipated frequency, location, and duration of the services
and accommodations.
8. For a child with a disability aged 14 years, an annually updated statement
of the child's transition service needs under the applicable IEP components
that focuses on the child's courses of study.
9. For a child aged 16 years (or younger if so determined by the IEP team),
a statement of the child's needed transition services, including, when
appropriate, a statement of interagency responsibilities or needed linkages.
10. For a child who will reach the age of majority in a year, a statement
that the child has been informed of his or her rights under IDEA when
he or she reaches the age of majority.
What are Related Services? The IEP should provide for any assistive technology
devices or additional services that your child needs in order to attend
school and benefit from his/her education. These are called "related services,"
and they include: transportation, physical/occupational therapy, speech
therapy, interpreters for individuals with hearing impairments, recreational
therapy, adapted physical education, school health services, etc. Assitive
technology devices are defined as any item, piece of equipment, or product
system that is used to increase, maintain, or improve the functional capabilities,
and they have been instrumental in allowing students with disabilities
to be educated in regular classrooms, working and learning alongside of
their non-disabled peers.
Under the IDEA, IEP's must also state what "transition services" each
individual student needs to prepare for the transition from school to
a post school world. This coordinated set of activities and outcome-oriented
process may encompass post-secondary education, vocational training, integrated
employment (including supported employment), continuing and adult education,
adult services, independent living, or community participation. Transition
services and coordination must also occur as a child progresses through
the levels of pre-kindergarten, elementary, middle, and high school education.
What if I Disagree With My Child's IEP? As a parent, you should receive
a copy of procedural safeguards accompanying prior written notice upon
your child's initial referral for evaluation, upon each notification of
a meeting of the individual education plan team, upon re-evaluation of
your child, and upon the filing of a request for a due process hearing.
These safeguards are designed to protect the rights of families and their
child with a disability, as well as to give families and schools a mechanism
for resolving disputes. Procedural safeguards under the IDEA include the
right of parents to inspect and review their child's educational records;
the right to written prior notice regarding identification, evaluation,
and educational placement; the right to request a due process hearing
on these matters; the right to appeal the initial decision to the State
Education Agency (SEA); the right of the child to remain in his or her
educational placement, unless the parent and the agency agree otherwise,
while administrative or judicial proceedings are pending; the right to
bring a civil action in an appropriate State or Federal court to appeal
a final hearing decision; the right of the parent to request reasonable
attorney's fees from a court for action for actions or proceedings; and
the right of parents to give or refuse consent before their child is initially
evaluated or placed in a special program for the first time.
If you disagree with your child's IEP, you do not have to sign it or have
the option to sign it, stipulating that you disagree with its contents.
Families may file a written complaint with their Local Education Agency
(LEA) or State Educational Agency (SEA), request mediation and / or conflict
resolution to be provided free of cost by the State Department of Education,
as well as request a due process hearing presided over by an impartial
Administrative Law Judge.
Will I Receive a Copy of My Child's IEP? The school must give you a copy
of the IEP if you ask for it. Should you ask to review your child's records,
the school district must respond to the request without unnecessary delay
and before your child's meeting or a due process hearing involving your
child, and in no case, less than 45 days. you also have the right to reasonable
requests for explanations and interpretations of the records. Following
initial copies of records, the school may charge a reasonable fee for
making copies, however, may not charge you for searching or retrieving
records. Copies of school records, such as the written IEP, are essential
in insuring that your child's goals and objectives are being addressed.
Also, having an IEP will enable you to follow up and reinforce your child's
educational program at home.
What if the Goals and Objectives in My Child's IEP are not Being Met?
Teachers and school personnel are required to make good-faith efforts
to achieve the goals and objectives of the IEP. If the child does not
achieve the projected growth, parents can voice their concerns, ask for
review and revision of the IEP, file formal complaints with local and
state education agencies, seek mediation or conflict-resolution, or invoke
due process procedures if they feel adequate efforts are not being made.
Preparing for Your Child's IEP Meeting Although parents may often feel
that they have little to contribute in an IEP meeting and may see themselves
as "amateurs" and school personnel as "professionals," parents have and
should play a vital role in writing their child's educational program.
Listed below are 12 suggestions which will help parents make a positive
contribution to their child's IEP meeting.
1. Keep a file or notebook on your child's educational history. Things
to include: a. names, addresses, and phone numbers of persons you contact
regarding your child, dates of visits and phone calls, and subjects discussed;
b. copies of letters you write and receive regarding your child; c. copies
of IEP's and other school records; d. copies of tests and evaluations
done by the school and private evaluators.
2. Make a list of things you observe about your child at home: interests,
likes and dislikes, skills, strengths, responsibilities, interaction with
other family members. Write down any concerns you have about the way your
child acts at home that can be worked on at school.
3. Visit your child's classroom and observe your child in the school setting.
4. Ask your child how he/she feels about his/ her educational program
and what he/she would like to see changed.
5. Make a list of things you would like to see in your child's IEP. Include:
a. skills you would like to see your child learn; b. behaviors you would
like to see improve.
6. Make a list of questions you want to ask school personnel about your
child's program.
7. Obtain a copy of your child's educational rights and your rights as
a parent and study them. Copies of your rights can be obtained from the
school. You can also obtain "A Guide to the Individualized Education Program"
from the Office of Special Education and Rehabilitative Services, U.S.
Department of Education. Materials on your rights can also be obtained
from the Advocacy Center, the Family Network on Disabilities and other
groups.
8. Talk to other parents who are knowledgeable about special education
and parental rights. You may want to ask someone to accompany you to the
IEP meeting if that would make you more comfortable and confident.
9. Review your child's current or last IEP and see whether objectives
are being met.
10. Gather any records you do not have from the school and professionals
who have worked with your child. Examine the school's records on your
child to make sure there are no inaccuracies and get copies of any records
you need to prepare for the IEP.
11. Prior to the IEP meeting be sure to request and obtain public and/or
private evaluations in each area in which you feel your child needs help,
e.g., speech, occupational therapy, physical therapy, etc.
12. Analyze the recommendations made on evaluations of your child and
make sure those recommendations are reflected in the services provided
to your child in the IEP.
Ms. Pendleton may be reached at h.pendleton@advocacycenter.org
Mr. Flood may be reached at f.flood@advocacycenter.org