Individual Education Program (IEP)

An Individualized Education Program (IEP) is a legally binding document that outlines the special education services and support a student with a disability will receive. Established under the Individuals with Disabilities Education Act (IDEA), the IEP is designed to meet the unique student’s unique educational needs. This will ensure that they receive a free and appropriate public education (FAPE).

Who Makes the IEP?

The IEP is developed by a team of professionals and the child’s parents or guardians. This team typically includes:

• The child’s parents or guardians.
• At least one of the child’s regular education teachers.
• At least one special education teacher or provider.
• A representative from the school district who is knowledgeable about the general curriculum and available resources.
• An individual who can interpret the instructional implications of evaluation results, often a school psychologist.
• The student, when appropriate, especially for transition services discussions.
• Other individuals, at the discretion of the parent or the school, who have knowledge or expertise regarding the child.

How Is the IEP Made?

The IEP process usually involves the following steps:

Referral for Evaluation

Before any special education services can be provided, the initial step revolves around a referral for an evaluation of the student. This can be started by teachers, counselors, parents, or even the student themselves. The purpose of this referral is to determine if there’s a potential disability impacting the student’s ability to learn effectively.

The referral process isn’t just about academic struggles; it also looks into other aspects, such as behavioral concerns, communication issues, or physical challenges. Once referred, written permission is sought from the student’s guardians or parents to proceed with the evaluation, ensuring transparency and consent.

Assessment

Upon receiving consent, the school conducts a comprehensive assessment of the student. This isn’t a one-size-fits-all test but a tailored evaluation that specifically targets the areas of suspected disability. Depending on the concerns raised in the referral, the assessment can span academic evaluations, psychological testing, speech and language evaluations, occupational therapy assessments, and more.

These assessments aim to provide a holistic understanding of the student’s strengths and challenges. By understanding the student’s needs from various angles, the school can more effectively address and cater to them.

IEP Meeting Scheduled

With the evaluation results in hand, the next step is to have an Individualized Education Program meeting. This gathering serves as a collaborative platform where key stakeholders come together to discuss the assessment findings.

Typically, this meeting includes the student’s parents, regular and special education teachers, a school system representative, and often the student, especially if they’re older. In some cases, professionals who conducted the evaluations might also attend to provide deeper insights. This meeting is a pivotal space where open dialogue about the student’s needs and potential interventions takes place.

Development of the IEP

Building upon the insights gathered from the evaluation and the subsequent discussion in the IEP meeting, the IEP team embarks on the process of creating the Individualized Education Program. This document is a collaborative effort, ensuring the student’s unique needs are at the forefront.

The IEP team will detail specific goals for the student, the services they’ll receive, any accommodations or modifications they’ll need, and how progress will be tracked. This stage is about translating all the gathered knowledge into a tangible, actionable plan that will guide the student’s educational journey. This will ensure they receive the support they need to succeed.

What Must an IEP Include?

An IEP must be a comprehensive document that provides clear details about the student’s education plan. Key components include:

Present Level of Performance

The IEP starts with a comprehensive section detailing the student’s Present Level of Performance (PLOP). This encapsulates where the student currently stands in both academic and functional areas. Using the insights from evaluations, assessments, and teacher observations, the PLOP paints a picture of the student’s abilities, challenges, and skills. It identifies strengths as well as areas of need. Essentially, the PLOP serves as a baseline, capturing the student’s starting point before any interventions begin.

Annual Educational Goals

Following the PLOP, the IEP delineates the Annual Educational Goals. These are targeted, specific objectives that the student aims to achieve by the end of the year. Importantly, these goals are created to be measurable, ensuring clear indicators of progress. Whether it’s improving reading comprehension, mastering a math skill, or enhancing social interactions, each goal is articulated to be both ambitious and achievable.

Special Education Services

To help the student reach those annual goals, the IEP outlines the Special Education Services they’ll receive. This could range from specialized instruction in a resource room to dedicated services like speech therapy, occupational therapy, or physical therapy. Each service is tailored to the student’s unique needs, ensuring they receive targeted support to overcome specific challenges.

Participation with Non-Disabled Students

An essential principle of special education is the least restrictive environment. The IEP addresses how the student will interact and learn alongside their non-disabled peers. Whether it’s full-time participation in a general education classroom, periodic integration for specific subjects, or special sessions like art and PE, this section clarifies the extent of inclusion. If exclusions are necessary, the reasons are detailed, ensuring transparency.

Dates and Locations

To provide clarity on logistics, the IEP specifies the commencement of services, their frequency, and the settings where they’ll be delivered. This can range from general education classrooms, special education settings, or even off-campus locations if required.

Modifications and Accommodations

Recognizing that students with disabilities might need alterations to thrive, the IEP spells out any Modifications (changes in what is taught or expected) and Accommodations (support to help the student access the general curriculum). This could involve tweaks in the curriculum, altered testing formats, or supports like preferential seating, extended test-taking time, or assistive technology tools.

Transition Services

For older students, typically starting at age 16, the IEP incorporates a transition plan. This envisions the student’s move from the school environment to post-school scenarios, be it higher education, vocational training, employment, or independent living. This plan is proactive, ensuring the student is equipped with the skills and knowledge to navigate the world beyond school.

Measurement of Progress

Lastly, accountability is embedded in the IEP through the Measurement of Progress section. It outlines how the student’s advancement toward annual goals will be tracked. Additionally, it details when and how parents will be updated on this progress, ensuring they remain informed partners in their child’s educational journey.

What Happens Once the IEP Has Been Made?

Once the IEP is formulated and agreed upon, the school is legally obligated to implement it as described. Regular reviews are scheduled to monitor the student’s progress. At a minimum, the IEP is reviewed and, if necessary, revised annually. However, the parent or teacher may believe that the child’s needs have changed significantly before that annual review. If this is the case, they can request an earlier IEP meeting.

What if I Don’t Agree With My Child’s IEP?

If you disagree with your child’s IEP, you have several options:

• Request Mediation: This is a voluntary process where an impartial mediator helps both parties reach an agreement.
• Request a Due Process Hearing: This is a formal legal process where disagreements about special education services are resolved by a third party.
• File a Complaint: Parents can file a complaint with the state education agency.

Should I Contact a Lawyer About My Child’s IEP?

Absolutely. If you believe your child’s educational rights are not being upheld, consulting a lawyer can be beneficial.

Connect with an experienced government lawyer through LegalMatch to guide you every step of the way. LegalMatch can match you with the right legal professional for your needs, whether you’re just beginning the IEP process or facing disagreements with the school.