In depth with an Individualized

Educational Plans (IEP’s)

Amber TitlowMarshall University CI-551

April 20, 2011

Central Questions

1. Which students are eligible?

2. Who is involved in developing the IEP?

3. How is it developed and monitored?

4. What legal issues are involved?

5. How can the school accommodate a student

with an IEP?

Which students are eligible?• Any child that is identified as

possibly needing special education and related services.

• Students that have difficulties functioning and learning are the perfect candidates for an IEP.– Children aged 3-21 are eligible

for IEP services.– The process is completed by

referrals and evaluations.– A school professional or parent

may ask for evaluations.

(IEP and Legal Rights, 2011)(Strickland, 2003)

Who is involved in developing the IEP?

•All of the above listed are permitted to attend IEP meetings; however all are not required.•Basic requirements include: Regular Educator, Special Educator and Chairperson. •It is beneficial for parents to attend but with their permission to continue with the meeting, their attendance is not mandatory.

Parents/Students Regular Educators Special Educators Chairperson Nurse

Psychologist Principal/Vice Principal Counselor Specialists Parent request of doctor or

lawyer

(IEP and Legal Rights, 2011)(Mock, Jakubecy, & Kaufman, 2003)

How is it developed and monitored?Step One• Request an evaluation, in writing, which forces the District to either

grant or deny the request. Step Two• Initial evaluation must happen within 60 days of giving parental

consent • Request is usually granted, an evaluation team is identified and child

is tested and evaluated for special educational needs. • Child not always found to need special education services. Step Three• ER -- an evaluation report is generated, with recommendations made.

This is used to help prepare the IEP, or individualized educational plan that is appropriate for the child.

• If student not found to need special education services, parents can challenge this finding.

Step Four• Create an IEP • Must happen within 30(calendar) days of determination that child

needs special education services • Team members, parents and sometimes the child meet to form a

specific plan to help child learn. • Report must be given to parents within 60 (school) days after school

received parents' consent to evaluate • IEP must be put into effect no later than 10 (school) days after it has

been completed • Plan must be reviewed EVERY year.

Step 5• NOREP - District issues notice of recommended

placement for child. Parent can approve or disagree and request any of the following:

• 1. Pre-hearing conference (within 10 days of your letter)

• 2. Mediation –(Office for Dispute Resolution • 3. Due Process Hearing - must be held within 30 days of

request and decision must be rendered within 45 days of request for a hearing.

Step Six• Put Educational Plan in Action -- and evaluate child's

progress, to see if IEP is" working." • IEP must be reviewed at least annually to determine if

annual goals are being achieved. Step Seven• Re-evaluate every 3 years• District must look at child's progress at least once every

3 years to find out if a reevaluation is needed. This could lead to a new IEP.

• Mentally retarded children must be reevaluated at least once every two years

(IEP and Legal Rights, 2011) (Villari, n.d.)

What legalities are involved? In 1975 legal action begun under the Kennedy and Johnson administrations which

resulted in EAHCA (Education for All Handicapped Children Act). EAHCA reached full implementation in 1977 and required school districts to provide free

and appropriate education to all of their students with disabilities. In return for federal funding, each state was to ensure that students with disabilities

received unbiased testing, evaluation, and placement; the right to due process; education in the least restrictive environment; and a free and appropriate education.

The focus of this public law (known since 1990 as the Individuals with Disabilities Education Act, or IDEA) was, and is, a free appropriate public education (FAPE). To ensure FAPE, the law mandated that each student receiving special education receive an

Individualized Education Program (IEP). Under EAHCA, students with identified disabilities were to receive FAPE and an IEP that included

relevant instructional goals and objectives, specifications as to length of school year, determination of the most appropriate educational placement, and descriptions of criteria to be used in evaluation and measurement.

The IEP was designed to ensure that all students with disabilities received educational programs specific to their "unique" needs.

Thus, the education of students with disabilities became federally controlled.

(IEP and Legal Rights, 2011)

What legalities are involved continued...

What if a parent does not agree with the IEP?

• The development team should work to try and reach an agreement.• Ask for mediation. (Someone outside of the meeting discusses

the IEP with the parents in hopes to come to an agreement.)• Ask for due process. (Appear before an impartial hearing

officer and present both sides.)• File a complaint with the state education agency.

(IEP and Legal Rights, 2011) (Fish, 2008)

How can the school accommodate a student with an IEP?

The general education teacher must believe the special-needs student can succeed

The school must commit to accepting responsibility for the learning outcomes of special education students.

Parents must be aware and supportive Services and physical accommodations must be adequate for the student's needs The principal must recognize the needs of special education students Continuing staff development and technical assistance must be provided Evaluation procedures must be clear Special education teachers must be part of the entire planning process A team approach should be used by teachers and other specialists A variety of instructional arrangements must be available (For example: team

teaching, ability grouping, peer tutoring)

(IEP and Legal Rights, 2011) (Jung, 2007)(Kosko, Wilkins, 2009)

Possible Student Accommodations: The following strategies may be useful in your classroom …

Lesson Accommodations: Pair students to check work. Write key points on the board. Use visual aids. Check student comprehension of

directions. Provide a written outline. Use multi-sensory methods of

instruction. Provide small group instruction. Allow students to tape record lessons. Allow choice about reading aloud in

class.

(IEP and Legal Rights, 2011) (Weishaar, 2010) (Menlove, Hudson,& Suter, 2001)

Environmental Accommodations:

Provide preferential seating. Seat near a role model. Maintain physical proximity

when giving directions. Avoid distracting stimuli. Increase distance between

desks.

Student AccommodationsModified Assignments: (Great to share

with the regular educator) Give extra time to complete tasks. Simplify directions. Shorten assignments and provide smaller work

segments. Allow typewritten or computer printed

assignments. Use self monitoring devices. Reduce homework assignments. Do not grade handwriting. Provide study skills training/learning strategies. Reduce reading level of assignments or

instructions. Allow tape recorded assignments/homework. Provide a structured routine in written form. Modify level of difficulty of instructional

materials.

Modified Testing Procedures:

Use open book exams. Use oral exams. Modify testing responses. Permit use of tape recorder for testing. Provide multiple test sessions. Modify answer choices on multiple

choice tests Allow extra time for exams. Read test items to students. Flexible expectations for applied

spelling.

(IEP and Legal Rights, 2011) (Weishaar, 2010) (Menlove, Hudson,& Suter, 2001)

Accommodations ContinuedSupport Services: Intervention from Guidance Counselor. Adult Volunteer. Mentoring. Short-term counseling. Provide social skills group experiences. Monitoring by School Nurse. Administration of medication. Consult with teacher(s), bus driver, or support

personnel. Parent support group. Physical/Health Accommodations: Extra time for transition between classes. Key to elevator. Supplying Organization and Study Skills: Monitor homework assignment book. Provide an extra set of textbooks. Send daily/weekly progress reports home. Develop a reward system for in-school

work/homework completed.

Behavior Management: Praise identified behaviors. Use self monitoring strategies. Give extra privileges and rewards. Review classroom rules regularly. Allow for short breaks between assignments. Cue student to stay on task (nonverbal

signal). Monitor student closely on field trip. Implement a behavior management system. Allow student time out of seat. Contract with the student. Increase the immediacy of rewards. Implement time-out procedures. Implement intervention strategies for

transitional periods (cafeteria, P.E., etc.).

(IEP and Legal Rights, 2011)

References1. Center, P. (2007). Understanding the Special Education Process. Retrieved April 18, 2011,

from LD Online: http://www.ldonline.org/article/Understanding_the_Special_Education_Process/20494

2. Education, D. of. (2007, March 3). Archived: Guide to the Individualized Education Program. Retrieved April 18, 2011, from ED.gov: http://www2.ed.gov/parents/needs/speced/iepguide/index.html

3. Education, D.of. (2010, June). Building the Legacy: IDEA 2004. Retrieved April 18, 2011, from ED.gov: http://www2.ed.gov/parents/needs/speced/iepguide/index.html

4. Education, W.V. D. of. (n.d.). Teach IEP. Retrieved April 18, 2011, from West Virginia Department of Education: http://wvde.state.wv.us/teachiep/onlineiep.php

5. EP and Legal Rights. (2011, April 11). Retrieved 18 2011, April, from Ped-Onc Resource Center: http://www.ped-onc.org/cfissues/backtoschool/iep.html

6. Fish, W. W. (2008). The IEP Meeting: Perceptions of Parents of Students Who Receive Special Education Services. Preventing School Failure, 53(1), 8-14. Retrieved from EBSCOhost.

7. Jung, L. (2007). Writing SMART Objectives and Strategies That Fit the ROUTINE. Teaching Exceptional Children, 39(4), 54-58. Retrieved from EBSCOhost.

References Continued…

8. Kosko, K. W., & Wilkins, J. M. (2009). General Educators' In-Service Training and Their Self-PerceivedAbility to Adapt Instruction for Students With IEPs. Professional Educator, 33(2), 1-10. Retrieved from EBSCOhost

9. Menlove, R. R., Hudson, P. J., & Suter, D. (2001). A Field of IEP Dreams. Teaching Exceptional Children, 33(5), 28. Retrieved from EBSCOhost.

10. Mock, D., Jakubecy, J., Kaufman, J.(2003). Special Education.Encyclopedia of Education, (Vol. 6). (2nd ed., pp. 2278-2295) New York: Macmillan Reference USA Retrieved April 10, 2011, from Gale Virtual Reference Library via Gale: http://go.galegroup.com/ps/start.do?p=GVRL&u=alise_mul

11. Nemours. (2011). Individualized Education Programs. Retrieved April 18, 2011, from Kids Health: http://kidshealth.org/parent/growth/learning/iep.html

12. Strickland, B., (2001) Special Education. The Gale Encyclopedia of Psychology, (2nd ed., pp. 611-615) Detroit: Gale Retrieved April 10, 2011, from Gale Virtual Reference Library via Gale: http://go.galegroup.com/ps/start.do?p=GVRL&u=alise_mul

13. Villari, B. (n.d.). Individuals with Disabilities Education Act Lawyers. Retrieved April 18, 2011, from 7 Step Evaluation Process: http://www.specialeducationlawyers.info/tour.htm

14. Weishaar, P. M. (2010). Twelve Ways to Incorporate Strengths-Based Planning into the IEP Process. Clearing House, 83(6), 207-210. doi:10.1080/00098650903505381