The Individualized Education Program (IEP)

Legal and Practical Issues

Families as Partners: School-Family Collaboration in the Education of Students

with Disabilities

1. If parents don’t agree with the IEP developed for their child, they should refuse to sign the IEP.

2. Each child with a disability is entitled to the individualized program that best

meets his or her needs.

3. If everyone agrees that a child should be placed in a resource room, there is no

need to discuss what the child would have needed to succeed in a regular class

placement.

True or False?

4. One of the ways that IEP teams can work out disagreements is to vote.

5. Schools should do everything possible to persuade parents to choose

mediation over due process.

6. Families should never be asked to use their private insurance to pay for evaluations.

True or False?

7. Schools can schedule related services based on therapists’ availability.

8. Related service personnel must attend all IEP meetings.

9. Once the student turns 14, a statement of transition services must be included in the IEP.

10. School districts are not required to implement the recommendations from

an independent evaluation.

True or False?

1. Evaluation2. Program

3. Placement

Start here

The Right Way

Parents and student

Not less than one regular educator if child is or may be in regular education

Not less than one special educator of child

LEA representative who is knowledgeable of general education curriculum and can allocate funds

Someone who can interpret evaluations

Others who have knowledge or expertise related to child

Who is on the IEP Team?

A member of the IEP team may be excused from attending an IEP meeting, in whole or in part, if: Parent/LEA agree due to the fact that the

member’s area of the curriculum or related service is not being modified or discussed;

The parent’s/LEA consent in writing; AND The member submits, in writing to the

parents and the team, his or her input into the development of the IEP prior to the meeting.

Excusal from IEP Meeting

When conducting IEP team meetings the parent and the LEA may agree to use alternative means of meeting participation, such as video conferences and conference calls.

Alternative Means of Meeting Participation

To the extent possible, the LEA will encourage the consolidation of reevaluation meetings and other IEP team meetings for the child.

Consolidation of IEP Meetings

In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent and the LEA may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current IEP.

New Provisions for Making Changes to the IEP

Present level of performance (academic achievement and functional performance)

Measurable annual goals and short-term objectives (academic and functional) AND description of how the student’s progress will be measured

Special education, related services, and regular education (based on peer-reviewed research to the extent practicable)

Participation with non disabled peers

Accommodations and modifications (instruction and testing)

Initiation, intensity, frequency, location of services

IEP Components

Beginning not later than the 1st IEP to be in effect when the students turns 16 and then annually thereafter, the IEP must include Appropriate measurable

postsecondary goals Transition services needed to assist

the student in reaching goals

Changes to Transition Requirements

For significant decisions made regarding eligibility, evaluation, IEP, or placement

Must contain a description of the action proposed or refused

In parents’ native language

Provided at least 5 days before decision is put into place

What is Prior Written Notice?

Objective, measurable statements

Effect of disability on participation in regular education curriculum

Includes strengths and needs

Needs reflected in goals and services

Present Levels of Performance(academic and functional)

Right: Does not initiate

work without teacher prompt

Independent reading level=grade 4 as measured by ABC assessment

Wrong: Low motivation

Below grade level

in reading

Has mental retardation

Present Level of Performance Statements

Written for services related to child’s disability/needs

Using clear, understandable language

Measurable, measurable, measurable

Measurable Goals

Sally will demonstrate investment in the learning process

Tom will improve social skills

Jenny will increase her reading skills by 75%

Allison will reduce disruptive behavior by 75%

Poorly Written Goals:

Given daily individual reading instruction, Pam will increase her independent reading level from 4th grade to 6th grade, as measured by the ABC reading assessment.

Given a verbal prompt, Dan will begin a task within 1 minute, four out of five times.

Clear and Measurable Goals:

Statement of needs after 13th birthday

Statement of services after 15th birthday Instruction Related services Community experiences Post school activities (work, college,

etc) If appropriate, daily living skills

Transition

What is the service? How often will it happen? Who is the implementer? Where will it take place?

To enable child to progress in the regular education curriculum

Must include all needed services, whether or not they are available in district

Based on peer-reviewed research, to the extent practicable

Special Education and Related Services

Amount of time for services must be clear to all who develop/implement IEP

Range of times is not acceptable (OSEP)

Methodologies and approaches must be discussed but law does not require that they be included in the IEP document

Special Education and Related Services, continued

Broad requirement covering entire day

In CT, includes participation in extracurricular activities per P.J. settlement agreement

Participation with Non-Disabled Peers

A description of how the child’s progress toward meeting annual goals will be measured

A description of when periodic progress reports will be provided to parents

Reporting may include: Quarterly reports; or Other periodic reports concurrent with

issuance of report cards

Must specify whether rate of progress is sufficient to achieve annual goal

Progress Reporting & Placement Summary

Summer, extended day, extended week

Determined by IEP team

Regression is not the only criteria for summer program

Cannot be “cookie cutter”

Extended School Year (ESY)

Whenever behavior impedes learning of student or others

When removals (suspension, expulsion) adds up to more than 10 days

Functional behavior analysis and plan created or revised

Behavioral Intervention Plan

If school is considering removal of more than 10 days, must determine if behavior is a manifestation of child’s disability.

If YES, cannot remove the child. Must address behavior as part of IEP.

Manifestation Determination

Participation in state and district wide assessments at GRADE LEVEL (no “out of level” testing)

Checklists for CMT and CAPT allowable for 2.8% of students – NCLB

Accommodations as appropriate

Testing Accommodations

Tests, homework, assignments, grading and more

Regular educator must help determine modifications

Modifications and Accommodations

1. Signature on the IEP signifies attendance, not agreement.

2. Children are entitled to the education that appropriately meets their needs.

3. Even if everyone agrees that a child should be in a special education class, the team must discuss what the child would need to succeed in a regular class.

IEP Myths

4. If there is a dispute in an IEP meeting, the team should work toward consensus.

5. It is the school’s job to inform parents of mediation but the district cannot pressure parents to use this option.

IEP Myths, continued

6. Schools cannot request that families use their private insurance to pay for evaluations or services.

7. Schools cannot schedule related services (speech, OT, PT) based on the availability of therapists.

8. Related service personnel are not required to attend all IEP meetings.

IEP Myths, continued

9. A statement of transition needs must be developed by the 14th birthday and a transition plan by the 16th birthday

10.Schools must only consider the recommendations of an independent evaluator.

IEP Myths, continued