Individualized Education Program
Law-in-Brief: Special Education #5
Date: December, 2000
Prepared by: Toby Marshall, Legal Advocacy Team
Each public school child who is eligible to receive special education and
related services must have an Individualized Education Program (IEP). Each IEP
must be designed for one student only and must be a truly individualized
document. The development of an IEP is an opportunity for the student’s parents,
teachers, school administrators, and related services personnel to look closely
at the student’s unique strengths and needs and to determine how to best provide
for the student’s education. Working as a team, these individuals bring together
their knowledge, experience, and commitment to design an educational program
that will help the student be involved and progress in the general curriculum.
How do I know if my child is eligible to receive special education and
related services?
Students may be recommended for evaluation by their parents, teachers, or any
other source. Parental consent, however, is needed before a student will be
evaluated. A group of qualified professionals determines a student’s eligibility
through an evaluation that assesses the student in all areas related to the
suspected disability. If it is determined upon completion of the evaluation that
the student is eligible for special education, the school district or public
agency must provide a copy of the evaluation report to the student’s parents. If
a student is found ineligible, the school district must notify the parents
within ten days that their child is not eligible for special education.
If my child is eligible for special education, when is the IEP developed?
If it is determined that a student is eligible for special education and
related services, an IEP team must meet within thirty days of the evaluation to
develop the student’s IEP.
Who participates on the IEP team?
The IEP team should include the parents of the student, at least one general
education teacher of the student, at least one special education teacher of the
student, and a representative of the school district who is qualified in special
education needs and instruction and knowledgeable about the general curriculum
and resources of the school district. The IEP team should also include an
individual who can interpret the completed evaluation report on the student, but
this person may be one of the persons already on the team. If appropriate, the
student should also participate on the team. Other individuals who have
knowledge or special expertise regarding the student may be included at the
discretion of the parents or school district. Parents may also invite an
advocate for assistance, information, or support.
What if I can’t attend the meeting at the time provided?
The school district has an obligation to ensure that one or both of the
parents of the student are present at each meeting. Notification must be made in
advance so as to provide the parents an opportunity to attend, and the meeting
should be scheduled to occur at a mutually agreed upon time and place. If it is
impossible for one parent to attend, the school district should make further
attempts to include a parent, such as an individual or conference telephone
call, or video conferencing. A meeting may be conducted without a parent if the
school district is unable to get a parent to attend, but attempts to include a
parent must be recorded in detail.
What if I am unhappy with the results of the IEP?
Before the school system may provide special education and related services
to the student for the first time, the student’s parents must give consent. If
you do not agree with the IEP or with the placement of the student (where the
IEP will be carried out), you may discuss your concerns with other members of
the IEP team and try to work out an agreement. If you still disagree, you may
ask for mediation, or the school may offer mediation. You may also file a
complaint with the Office of Superintendent of Public Instruction and request a
due process hearing. See Washington Protection and Advocacy System’s
publication, "Special Education Due Process Hearings".
What should I expect from the IEP?
The IEP must include certain information about the student and the approaches
that will be taken to meet the student’s unique needs. This information
includes:
The student’s current performance.
This is known as "present levels of
educational performance" and is compiled from the results of classroom tests
and assignments as well as the observations of the student’s teachers,
parents, related service providers, and other school staff. A statement of the
student’s current performance should include how the student’s disability
affects the student’s involvement and progress in the general curriculum.
Annual goals and progress notification. These are goals that the child
can reasonably accomplish in a year, and they should be broken down into
short-term "objectives" or "benchmarks." The goals must be related to the
student’s needs and to involving the student in the general curriculum and
must be measurable so as to determine whether the student is achieving them.
The IEP must state the manner in which the annual goals will be measured and
the manner in which the student’s parents will be regularly informed of the
student’s progress.
Special education and related services. The IEP must list the special
education and related services to be provided to the student or on the
student’s behalf, including supplementary aids and services. The IEP should
also describe any modifications to the training of school personnel that will
be provided to assist the student.
Participation with non-disabled students. The IEP must explain the
extent, if any, to which the student will not participate with non-disabled
students in the regular class and in other school activities.
Participation in state and district-wide tests. The IEP must state what
modifications are needed in order for the student to participate in state and
district-wide assessment tests. If a test is not appropriate for the student,
the IEP must state why the test is not appropriate and in what manner 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. For students fourteen years of age (or
younger, if appropriate), the IEP must address transition planning for the
student. Transition refers to activities meant to prepare students with
disabilities for adult life and may include post-secondary education and
career goals, getting work experience while still in school, or setting up
links to adult service providers such as a vocational rehabilitation agency.
For students sixteen years of age (or younger, if appropriate), the IEP must
state what transition services are needed to help the student prepare for
leaving school, and these transition service needs must be updated annually.
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.
Age of majority. At least one year before the student reaches the age
of eighteen, the IEP must include a statement that the student has been
informed of the rights under Part B of the Individuals with Disabilities
Education Act that will transfer to the student upon that age.
What happens after the IEP is developed?
Once the IEP is developed, a copy of it should be given to the parents of the
student. Each of the student’s teachers and service providers should also have
access to a copy the IEP, and each should know what his or her specific
responsibilities are for carrying out the IEP. The student’s progress toward
annual goals should be measured as stated in the IEP, and the school district
should regularly notify the student’s parents of the progress made and whether
that progress will allow the student to achieve the expected goals. The IEP team
should review the IEP at least once a year and, if necessary, make any needed
revisions.
At least every three years, the student must be re-evaluated. This evaluation
is often called a "triennial" and has the purpose of determining whether the
student continues to meet the definition of a "child with a disability," as
defined by the Individuals with Disabilities Education Act, and determining the
student’s educational needs. However, the student must be re-evaluated more
often if conditions warrant or if the student’s parents or teacher asks for a
re-evaluation.
This document is an information
service of the Washington Protection & Advocacy System (WPAS). It provides
general information only and should not be used as legal advice for any specific
situation. If you would like more information about this topic, call us and ask
for a Resource Advocate.
To receive this document in an alternative format,
such as large print or Braille, please call Washington Protection & Advocacy
System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
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