Writing the IEP

(October 25, 2011) To help decide what special education and related services the student needs, generally the IEP team will begin by looking at the child’s evaluation results, such as classroom tests, individual tests given to establish the student’s eligibility, and observations by teachers, parents, paraprofessionals, related service providers, administrators, and others. This information will help the team describe the student’s “present levels of educational performance” -in other words, how the student is currently doing in school. Knowing how the student is currently performing in school will help the team develop annual goals to address those areas where the student has an identified educational need.
The IEP team must also discuss specific information about the child. This includes:
• the child’s strengths;
• the parents’ ideas for enhancing their child’s education;
• the results of recent evaluations or reevaluations; and
• how the child has done on state and district-wide tests.
In addition, the IEP team must consider the “special factors” described in the box below.
It is important that the discussion of what the child needs be framed around how to help the child:
• advance toward the annual goals;
• be involved in and progress in the general curriculum;
• participate in extracurricular and nonacademic activities; and
• be educated with and participate with other children with disabilities and nondisabled children.
Based on the above discussion, the IEP team will then write the child’s IEP. This includes the services and supports the school will provide for the child. If the IEP team decides that a child needs a particular device or service (including an intervention, accommodation, or other program modification), the IEP team must write this information in the IEP. As an example, consider a child whose behavior interferes with learning. The IEP team would need to consider positive and effective ways to address that behavior. The team would discuss the positive behavioral interventions, strategies, and supports that the child needs in order to learn how to control or manage his or her behavior. If the team decides that the child needs a particular service (including an intervention, accommodation, or other program modification), they must include a statement to that effect in the child’s IEP.
Special Factors to Consider
Depending on the needs of the child, the IEP team needs to consider what the law calls special factors. These include:
• If the child’s behavior interferes with his or her learning or the learning of others, the IEP team will consider strategies and supports to address the child’s behavior.
• If the child has limited proficiency in English, the IEP team will consider the child’s language needs as these needs relate to his or her IEP.
• If the child is blind or visually impaired, the IEP team must provide for instruction in Braille or the use of Braille, unless it determines after an appropriate evaluation that the child does not need this instruction.
• If the child has communication needs, the IEP team must consider those needs.
• If the child is deaf or hard of hearing, the IEP team will consider his or her language and communication needs. This includes the child’s opportunities to communicate directly with classmates and school staff in his or her usual method of communication (for example, sign language).
• The IEP team must always consider the child’s need for assistive technology devices or services.
Will Parents Need an Interpreter in Order to Participate Fully?
If the parents have a limited proficiency in English or are deaf, they may need an interpreter in order to understand and be understood. In this case, the school must make reasonable efforts to arrange for an interpreter during meetings pertaining to the child’s educational placement. For meetings regarding the development or review of the IEP, the school must take whatever steps are necessary to ensure that parents understand the meetings–including arranging for an interpreter. This provision should help to ensure that parents are not limited in their ability to participate in their child’s education because of language or communication barriers.
Therefore, if parents need an interpreter for a meeting to discuss their child’s evaluation, eligibility for special education or IEP, they should let the school know ahead of time. Telling the school in advance allows the school to make arrangements for an interpreter so that parents can participate fully in the meeting.

IEPs and Transition Services

(October 25, 2011) Transition refers to activities meant to prepare students with disabilities for adult life. This can include developing postsecondary education and career goals, getting work experience while still in school, setting up linkages with adult service providers such as the vocational rehabilitation agency–whatever is appropriate for the student, given his or her interests, preferences, skills, and needs. Statements about the student’s transition needs must be included in the IEP after the student reaches a certain age:
• Transition planning, for students beginning at age 14 (and sometimes younger)–involves helping the student plan his or her courses of study (such as advanced placement or vocational education) so that the classes the student takes will lead to his or her post-school goals.
• Transition services, for students beginning at age 16 (and sometimes younger)–involves providing the student with a coordinated set of services to help the student move from school to adult life. Services focus upon the student’s needs or interest in such areas as: higher education or training, employment, adult services, independent living, or taking part in the community.

Related Services

(October 25, 2011) A child may require any of the following related services in order to benefit from special education. Related services, as listed under IDEA, include (but are not limited to):
• Audiology services
• Counseling services
• Early identification and assessment of disabilities in children
• Medical services
• Occupational therapy
• Orientation and mobility services
• Parent counseling and training
• Physical therapy
• Psychological services
• Recreation
• Rehabilitation counseling services
• School health services
• Social work services in schools
• Speech-language pathology services
• Transportation
If a child needs a particular related service in order to benefit from special education, the related service professional should be involved in developing the IEP. He or she may be invited by the school or parent to join the IEP team as a person “with knowledge or special expertise about the child.”

The Regular Education Teacher as Part of the IEP Team

(October 25, 2011) Appendix A of the federal regulations for Part B of IDEA answers many questions about the IEP. Question 24 addresses the role of the regular education teacher on the IEP team. Here’s an excerpt from the answer:
“…while a regular education teacher must be a member of the IEP team if the child is, or may be, participating in the regular education environment, the teacher need not (depending upon the child’s needs and the purpose of the specific IEP team meeting) be required to participate in all decisions made as part of the meeting or to be present throughout the entire meeting or attend every meeting. For example, the regular education teacher who is a member of the IEP team must participate in discussions and decisions about how to modify the general curriculum in the regular classroom to ensure the child’s involvement and progress in the general curriculum and participation in the regular education environment.
“Depending upon the specific circumstances, however, it may not be necessary for the regular education teacher to participate in discussions and decisions regarding, for example, the physical therapy needs of the child, if the teacher is not responsible for implementing that portion of the child’s IEP.
“In determining the extent of the regular education teacher’s participation at IEP meetings, public agencies and parents should discuss and try to reach agreement on whether the child’s regular education teacher that is a member of the IEP team should be present at a particular IEP meeting and, if so, for what period of time. The extent to which it would be appropriate for the regular education teacher member of the IEP team to participate in IEP meetings must be decided on a case-by-case basis.”

The IEP Team Members

(October 25, 2011) By law, certain individuals must be involved in writing a child’s Individualized Education Program. These are identified in the figure at the left. Note that an IEP team member may fill more than one of the team positions if properly qualified and designated. For example, the school system representative may also be the person who can interpret the child’s evaluation results.
These people must work together as a team to write the child’s IEP. A meeting to write the IEP must be held within 30 calendar days of deciding that the child is eligible for special education and related services.
Each team member brings important information to the IEP meeting. Members share their information and work together to write the child’s Individualized Education Program. Each person’s information adds to the team’s understanding of the child and what services the child needs.
Parents are key members of the IEP team. They know their child very well and can talk about their child’s strengths and needs as well as their ideas for enhancing their child’s education. They can offer insight into how their child learns, what his or her interests are, and other aspects of the child that only a parent can know. They can listen to what the other team members think their child needs to work on at school and share their suggestions. They can also report on whether the skills the child is learning at school are being used at home.
Teachers are vital participants in the IEP meeting as well. At least one of the child’s regular education teachers must be on the IEP team if the child is (or may be) participating in the regular education environment. The regular education teacher has a great deal to share with the team. For example, he or she might talk about:
• the general curriculum in the regular classroom;
• the aids, services or changes to the educational program that would help the child learn and achieve; and
• strategies to help the child with behavior, if behavior is an issue.
The regular education teacher may also discuss with the IEP team the supports for school staff that are needed so that the child can:
• advance toward his or her annual goals;
• be involved and progress in the general curriculum;
• participate in extracurricular and other activities; and
• be educated with other children, both with and without disabilities.
Supports for school staff may include professional development or more training. Professional development and training are important for teachers, administrators, bus drivers, cafeteria workers, and others who provide services for children with disabilities.
The child’s special education teacher contributes important information and experience about how to educate children with disabilities. Because of his or her training in special education, this teacher can talk about such issues as:
• how to modify the general curriculum to help the child learn;
• the supplementary aids and services that the child may need to be successful in the regular classroom and elsewhere;
• how to modify testing so that the student can show what he or she has learned; and
• other aspects of individualizing instruction to meet the student’s unique needs.
Beyond helping to write the IEP, the special educator has responsibility for working with the student to carry out the IEP. He or she may:
• work with the student in a resource room or special class devoted to students receiving special education services;
• team teach with the regular education teacher; and
• work with other school staff, particularly the regular education teacher, to provide expertise about addressing the child’s unique needs.
Another important member of the IEP team is the individual who can interpret what the child’s evaluation results mean in terms of designing appropriate instruction. The evaluation results are very useful in determining how the child is currently doing in school and what areas of need the child has. This IEP team member must be able to talk about the instructional implications of the child’s evaluation results, which will help the team plan appropriate instruction to address the child’s needs.
The individual representing the school system is also a valuable team member. This person knows a great deal about special education services and educating children with disabilities. He or she can talk about the necessary school resources. It is important that this individual have the authority to commit resources and be able to ensure that whatever services are set out in the IEP will actually be provided.
The IEP team may also include additional individuals with knowledge or special expertise about the child. The parent or the school system can invite these individuals to participate on the team. Parents, for example, may invite an advocate who knows the child, a professional with special expertise about the child and his or her disability, or others (such as a vocational educator who has been working with the child) who can talk about the child’s strengths and/or needs. The school system may invite one or more individuals who can offer special expertise or knowledge about the child, such as a paraprofessional or related services professional. Because an important part of developing an IEP is considering a child’s need for related services, related service professionals are often involved as IEP team members or participants. They share their special expertise about the child’s needs and how their own professional services can address those needs. Depending on the child’s individual needs, some related service professionals attending the IEP meeting or otherwise helping to develop the IEP might include occupational or physical therapists, adaptive physical education providers, psychologists, or speech-language pathologists.
When an IEP is being developed for a student of transition age, representatives from transition service agencies can be important participants. Whenever a purpose of meeting is to consider needed transition services, the school must invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. This individual can help the team plan any transition services the student needs. He or she can also commit the resources of the agency to pay for or provide needed transition services. If he or she does not attend the meeting, then the school must take alternative steps to obtain the agency’s participation in the planning of the student’s transition services.
And, last but not least, the student may also be a member of the IEP team. If transition service needs or transition services are going to be discussed at the meeting, the student must be invited to attend. More and more students are participating in and even leading their own IEP meetings. This allows them to have a strong voice in their own education and can teach them a great deal about self-advocacy and self-determination.

A Closer Look at the IEP

(October 25, 2011) Clearly, the IEP is a very important document for children with disabilities and for those who are involved in educating them. Done correctly, the IEP should improve teaching, learning and results. Each child’s IEP describes, among other things, the educational program that has been designed to meet that child’s unique needs. This part of the guide looks closely at how the IEP is written and by whom, and what information it must, at a minimum, contain.
Contents of the IEP
By law, the IEP must include certain information about the child and the educational program designed to meet his or her unique needs. In a nutshell, this information is:
• Current performance. The IEP must state how the child is currently doing in school (known as present levels of educational performance). This information usually comes from the evaluation results such as classroom tests and assignments, individual tests given to decide eligibility for services or during reevaluation, and observations made by parents, teachers, related service providers, and other school staff. The statement about “current performance” includes how the child’s disability affects his or her involvement and progress in the general curriculum.
• Annual goals. These are goals that the child can reasonably accomplish in a year. The goals are broken down into short-term objectives or benchmarks. Goals may be academic, address social or behavioral needs, relate to physical needs, or address other educational needs. The goals must be measurable-meaning that it must be possible to measure whether the student has achieved the goals.
• Special education and related services. The IEP must list the special education and related services to be provided to the child or on behalf of the child. This includes supplementary aids and services that the child needs. It also includes modifications (changes) to the program or supports for school personnel-such as training or professional development-that will be provided to assist the child.
• Participation with nondisabled children. The IEP must explain the extent (if any) to which the child will not participate with nondisabled children in the regular class and other school activities.
• Participation in state and district-wide tests. Most states and districts give achievement tests to children in certain grades or age groups. The IEP must state what modifications in the administration of these tests the child will need. If a test is not appropriate for the child, the IEP must state why the test is not appropriate and how the child will be tested instead.
• Dates and places. The IEP must state when services will begin, how often they will be provided, where they will be provided, and how long they will last.
• Transition service needs. Beginning when the child is age 14 (or younger, if appropriate), the IEP must address (within the applicable parts of the IEP) the courses he or she needs to take to reach his or her post-school goals. A statement of transition services needs must also be included in each of the child’s subsequent IEPs.
• Needed transition services. Beginning when the child is age 16 (or younger, if appropriate), the IEP must state what transition services are needed to help the child prepare for leaving school.

• Age of majority. Beginning at least one year before the child reaches the age of majority, the IEP must include a statement that the student has been told of any rights that will transfer to him or her at the age of majority. (This statement would be needed only in states that transfer rights at the age of majority.)
• Measuring progress. The IEP must state how the child’s progress will be measured and how parents will be informed of that progress.
Additional State and School-System Content
States and school systems have a great deal of flexibility about the information they require in an IEP. Some states and school systems have chosen to include in the IEP additional information to document their compliance with other state and federal requirements. (Federal law requires that school districts maintain documentation to demonstrate their compliance with federal requirements.) Generally speaking, extra elements in IEPs may be included to document that the state or school district has met certain aspects of federal or state law, such as:
• holding the meeting to write, review and, if necessary, revise a child’s IEP in a timely manner;
• providing parents with a copy of the procedural safeguards they have under the law;
• placing the child in the least restrictive environment; and
• obtaining the parents’ consent.
IEP Forms in Different Places
While the law tells us what information must be included in the IEP, it does not specify what the IEP should look like. No one form or approach or appearance is required or even suggested. Each state may decide what its IEPs will look like. In some states individual school systems design their own IEP forms.
Thus, across the United States, many different IEP forms are used. What is important is that each form be as clear and as useful as possible, so that parents, educators, related service providers, administrators, and others can easily use the form to write and implement effective IEPs for their students with disabilities.

The Basic Special Education Process Under IDEA

(October 25, 2011) The writing of each student’s IEP takes place within the larger picture of the special education process under IDEA. Before taking a detailed look at the IEP, it may be helpful to look briefly at how a student is identified as having a disability and needing special education and related services and, thus, an IEP.
Step 1. Child is identified as possibly needing special education and related services.
“Child Find.” The state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, states conduct “Child Find” activities. A child may be identified by “Child Find,” and parents may be asked if the “Child Find” system can evaluate their child. Parents can also call the “Child Find” system and ask that their child be evaluated. Or —
Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within a reasonable time after the parent gives consent.
Step 2. Child is evaluated.
The evaluation must assess the child in all areas related to the child’s suspected disability. The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.
Step 3. Eligibility is decided.
A group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “child with a disability,” as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.
Step 4. Child is found eligible for services.
If the child is found to be a “child with a disability,” as defined by IDEA, he or she is eligible for special education and related services. Within 30 calendar days after a child is determined eligible, the IEP team must meet to write an IEP for the child.
Step 5. IEP meeting is scheduled.
The school system schedules and conducts the IEP meeting. School staff must:
• contact the participants, including the parents;
• notify parents early enough to make sure they have an opportunity to attend;
• schedule the meeting at a time and place agreeable to parents and the school;
• tell the parents the purpose, time, and location of the meeting;
• tell the parents who will be attending; and
• tell the parents that they may invite people to the meeting who have knowledge or special expertise about the child.
Step 6. IEP meeting is held and the IEP is written.
The IEP team gathers to talk about the child’s needs and write the student’s IEP. Parents and the student (when appropriate) are part of the team. If the child’s placement is decided by a different group, the parents must be part of that group as well.
Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the meeting.
If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. If they still disagree, parents can ask for mediation, or the school may offer mediation. Parents may file a complaint with the state education agency and may request a due process hearing, at which time mediation must be available.
Step 7. Services are provided.
The school makes sure that the child’s IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child’s teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child, in keeping with the IEP.
Step 8. Progress is measured and reported to parents.
The child’s progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of their child’s progress and whether that progress is enough for the child to achieve the goals by the end of the year. These progress reports must be given to parents at least as often as parents are informed of their nondisabled children’s progress.
Step 9. IEP is reviewed.
The child’s IEP is reviewed by the IEP team at least once a year, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.
If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation (if available) or a due process hearing. They may also file a complaint with the state education agency.
Step 10. Child is reevaluated.
At least every three years the child must be reevaluated. This evaluation is often called a “triennial.” Its purpose is to find out if the child continues to be a “child with a disability,” as defined by IDEA, and what the child’s educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child’s parent or teacher asks for a new evaluation.

Overview of an Individualized Education Program

(October 25, 2011) The purpose of this article is to help persons gain an understanding of implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities, including preschool-aged children.
Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.
To create an effective IEP, parents, teachers, other school staff–and often the student–must come together to look closely at the student’s unique needs. These individuals pool knowledge, experience and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. The IEP guides the delivery of special education supports and services for the student with a disability. Without a doubt, writing–and implementing–an effective IEP requires teamwork.
This multi-part article provides an overview of the IEP process, which is considered to be one of the most critical elements to ensure effective teaching, learning, and better results for all children with disabilities. The article is designed to help teachers, parents and anyone involved in the education of a child with a disability-understand an IEP. The information in this article is based on what is required the Individuals with Disabilities Education Act, or IDEA.
The IDEA requires certain information to be included in each child’s IEP. It is useful to know, however, that states and local school systems often include additional information in IEPs in order to document that they have met certain aspects of federal or state law. The flexibility that states and school systems have to design their own IEP forms is one reason why IEP forms may look different from school system to school system or state to state. Yet each IEP is critical in the education of a child with a disability.

Can an Attorney for the School Attend an IEP Team Meeting?

(October 25, 2011) Many times, the presence of an attorney for the school creates an adversarial atmosphere. This can increase the feeling that the special education “deck is stacked” against parents since school representatives already outnumber the parents—not uncommonly by three or four to one. The Individuals with Disabilities Act does not expressly forbid school district attorneys for the school from attending IEP meetings. Yet, the Code does exclude school district attorneys from Resolution Meetings unless the parents have an attorney present.

While school attorneys are not expressly forbidden from attending IEP meetings, they are strongly discouraged. Question 29 in Appendix A to the IDEA 1997 regulations at 34 C.F.R. Part 300 states:

“The presence of the agency’s attorney could contribute to a potentially adversarial atmosphere at the meeting . . . Even if the attorney possessed knowledge or special expertise regarding the child (Sec. 300.344(a)(6)), an attorney’s presence would have the potential for creating an adversarial atmosphere that would not necessarily be in the best interests of the child. Therefore, the attendance of attorneys at IEP meetings should be strongly discouraged.”

34 C.F.R. Part 300, Appendix A, Question 29 (emphasis added); see also Letter from Patricia J. Guard, Acting Director of the Office of Special Education Programs, to Hillary Rodham Clinton, U.S. Senate (July 21, 2001).

The answer to Question 29 in Appendix A raises several issues. First, the subject of the answer is the “agency’s attorney” and not the parent’s attorney. This may be an acknowledgment of the typical imbalance of power that exists in most IEP meetings between the school and parents. Second, the answer relies upon the “best interest of the child” standard. This standard is often interpreted to mean that the “best interest of the child” can supersede others’ rights.  Therefore, even if the school district has a right to invite their attorney to attend an IEP meeting, the best interest of the child may trump this right. Finally, the answer indicates that school attorneys are strongly discouraged “even if” the school attorney meets the threshold of possessing “knowledge or special expertise regarding the child.” 34 C.F.R. Part 300, Appendix A, Question 29. The implication is that if the district attorney does not meet the threshold of child knowledge or expertise the attorney cannot attend.

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