Procedural safeguards Services that may be provided to a child with a disability Specially designed instruction Related services Program modificat

Acceptance/Amendments of an IEP

An initial IEP must be accepted and signed by a parent or guardian before any of the outlined services may begin. However, parents/guardians need not sign any paper work when it is initially proposed. Formerly, they had 30 calendar days to take the paper work home for their consideration. Recent changes have instituted the 11th day rule. The I.E.P must be signed or appealed after 10 days, or the school can implement the most recent version.

The IEP is never set in stone; any member of the team may call a meeting at any time to edit the IEP.

Procedural safeguards

School personnel have an obligation to provide parents with a Procedural Safeguards Notice, which must include an explanation of all of the procedural safeguards built into IDEA. In addition, the information must be in understandable language and in the native language of the parent. A copy of the Procedural Safeguards Notice must be presented at the IEP meeting. Parents must sign that they were given a copy. Schools must give parents a copy of the child's IEP at no cost to the parent. (20 U.S.C. 1414(d)(1)(B)(i).

An extensive system of conflict resolution procedures are set out in the statutory provisions, 20 USC 1415 They include, the right to examine records, advance notification of intent to change the educational program, the right to engage in mediation, and a right to an impartial due process hearing.

Services that may be provided to a child with a disability

• Specially designed instruction
• Related services
• Program modifications
• Classroom accommodations
• Supplementary aids and services

Specially designed instruction

Specially designed instruction affects the instructional content, method of instructional delivery, and the performance methods and criteria that are necessary to assist the student make meaningful educational progress. This instruction is designed by or with an appropriately credentialled special education teacher or related service provider.

For some students, teachers may need to present information through the use of manipulatives. For other students, teachers may need to select and teach only important key concepts and then alter evaluation activities and criteria to match this content change.

The IEP team should determine whether a specific type of instruction should be included in a student’s IEP. Generally, if the methodology is an essential part of what is required to meet the individualized needs of the student, the methodology should be included. For instance, if a student has a learning disability and has not learned to read using traditional methods, then another method may be required. When including such an IEP recommendation, the Team should describe the components of the appropriate type of methodology as opposed to naming a specific program.

Related services

If the child needs additional services in order to access or benefit from special education, schools are to provide the services as related services.

Services specified in IDEA include, but are not limited to, speech therapy, occupational or physical therapy, interpreters, medical services (such as a nurse to perform procedures the child needs during the day, for example, catheterization), orientation and mobility services, parent counseling and training to help parents support the implementation of their childs IEP, psychological or counseling services, recreation services, rehabilitation, social work services, and transportation.

Program modifications

• Modifications to the content of the program
• Lowered success criteria for academic success
• Increased emphasis on daily living skills and decrease
• Alternative state assessments, such as off-grade level assessments

Classroom accommodations

Some of a student's educational needs may be met using accommodations. Accommodations are typically provided by general educators within the general education environment. Accommodations do not involve modifying the material content but do allow students to receive information or to demonstrate what they have learned in ways that work around their disabilities.

Accommodations may include such provisions as preferential seating, providing photocopies of teacher notes, giving oral rather than written quizzes, alternative or modified assignments, extended time for tests and assignments, use of a word processor or laptop, and taking tests in a quiet room.

The IEP team must reflect on the affect the disability(ies) has on educational progress and then identify accommodations, if any are needed, for the student to make effective progress.

Supplementary aids and services

• Assistive technology
• Teacher's aide in classroom that provide additional support for one or more specific students

Notes

1. ^ 20 U.S.C. §1400(d)(1) A)
2. ^ Ibid
3. ^ 20 U.S.C. 1412(a)(11))

References

• Kamens, M. W. (2004). Learning to write IEPs: A personalized, reflective approach for preservice teachers. Intervention in School and Clinic, 40(2), 76-80.
• Katsiyannis, A., & Maag, J. W. (2001). Educational methodologies: Legal and practical considerations. Preventing School Failure, 46(1), 31-36.
• Lewis, A. C. (2005). The old, new IDEA. The Education Digest, 70(5), 68-70.
• Patterson, K. (2005). What classroom teachers need to know about IDEA '97. Kappa Delta Pi Record, 41(2), 62-67.
• Weishaar, M. K. (2001). The regular educator's role in the individual education plan process. The Clearing House, 75(2), 96-98.
• Ormrod, Jeanne Ellis. Educational Psychology: Developing Learners (fifth . Pearson, Merrill Prentice Hall, 2006.

Determining the appropriate placement Implementation Annual review Acceptance/Amendments of an IEP

After the IEP is developed, the IEP team then determines placement—that is, the environment in which the child's IEP can most readily be implemented. IDEA requires that the IEP be complete before placement decisions are made so that the child's educational needs drive the IEP development process. Schools may not develop a child's IEP to fit into a pre-existing program for a particular classification of disability. The IEP is written to fit the student. The placement is chosen to fit the IEP.

IDEA requires state and local education agencies to educate children with disabilities with their non-disabled peers to the maximum extent appropriate. A child can only be placed in a separate school or special classes if the severity or nature of the disability is such that appropriate education cannot be provided to the child in the regular classroom, even with the use of supplementary aids and services. When determining placement, the starting assumption must be that the child will be educated alongside his or her typically developing peers. After examining the child's needs and considering possible in-class aids and services are insufficient to meet the child's needs can the IEP team consider placing the child in a more restricted environment.

The goal of the IDEA is that, as much as possible, children are to be educated in the same classroom as the child's non-disabled peers in the school nearest the child's home.

After the IEP is developed, the IEP team then determines placement—that is, the environment in which the child's IEP can most readily be implemented. IDEA requires that the IEP be complete before placement decisions are made so that the child's educational needs drive the IEP development process. Schools may not develop a child's IEP to fit into a pre-existing program for a particular classification of disability. The IEP is written to fit the student. The placement is chosen to fit the IEP.

IDEA requires state and local education agencies to educate children with disabilities with their non-disabled peers to the maximum extent appropriate. A child can only be placed in a separate school or special classes if the severity or nature of the disability is such that appropriate education cannot be provided to the child in the regular classroom, even with the use of supplementary aids and services. When determining placement, the starting assumption must be that the child will be educated alongside his or her typically developing peers. After examining the child's needs and considering possible in-class aids and services are insufficient to meet the child's needs can the IEP team consider placing the child in a more restricted environment.

The goal of the IDEA is that, as much as possible, children are to be educated in the same classroom as the child's non-disabled peers in the school nearest the child's home.

Implementation

After the IEP is developed and placement is determined, the child's teachers are responsible for implementing all educational services, program modifications or supports as indicated by the individual education plan.

Schools must have an IEP in effect at the beginning of the school year. Initial IEPs must be developed within 30 days of the determination of eligibility, and the services specified in the child's IEP must be provided as soon as possible after the IEP is developed.

Annual review

After the IEP is developed and placement is determined, the child's teachers are responsible for implementing all educational services, program modifications or supports as indicated by the individual education

Acceptance/Amendments of an IEP

An initial IEP must be accepted and signed by a parent or guardian before any of the outlined services may begin. However, parents/guardians need not sign any paper work when it is initially proposed. Formerly, they had 30 calendar days to take the paper work home for their consideration. Recent changes have instituted the 11th day rule. The I.E.P must be signed or appealed after 10 days, or the school can implement the most recent version.

The IEP is never set in stone; any member of the team may call a meeting at any time to edit the IEP.

Developing the child's education plan

After the child is determined to be eligible for special education services, the IEP team must develop an individual education plan to be implemented as soon as possible after eligibility is determined. Using the results of the full individual evaluation (FIE), the IEP team works together to identify the child's present level of educational performance, the child's specific academic, and any related or special services that the child needs in order to benefit from their education.

When developing an IEP, the team must consider the strengths of the child, the concerns of the parent for their child's education, results of the initial or most recent evaluation of the child (including private evaluations conducted by the parents), and the academic, developmental, and functional needs of the child. In the case of a child whose behavior impedes the child's learning or that of other children, the team must consider the use of positive behavioral interventions and supports to address the behavior.

The IEP team must also consider the communication needs of the child. For example, if a child is blind or visually impaired, the IEP must provide for instruction in Braille and the use of Braille unless an evaluation of the child's reading and writing skills, needs, and future needs indicate that this instruction is not appropriate for the child. If a child is deaf or hard of hearing, the team must consider the child's language and communication needs, including the need to communicate with school personnel and peers, and the child's need for direct instruction in the child's language and communication mode. In the case of a child with limited English proficiency, the team must consider the language needs of the child as those needs relate to the child's IEP.

A matrix is then drafted containing the student’s present level of performance, indicators about ways the student’s disability influences participation and progress in the general curriculum, a statement of measurable goals; including benchmarks or short-terms objectives, the specific educational services to be provided; including program modifications or supports, an explanation of the extent that the child will not participate in general education, a description of all modifications in statewide or district-wide assessments, the projected date for initiation of the services and the expected duration of those services, the annual statement of transition service needs (beginning at age 14), and a statement of interagency responsibilities to ensure continuity of services when the student leaves school (by age 16), a statement regarding how the student’s progress will be measured and how the parents will be informed in the process.

IDEA requires a child's IEP be developed solely based on the child's needs, and not based on pre-existing programs or services available in the district. Whether particular services are available in the district should not be considered when identifying the services a child needs to receive an appropriate education.

Role of the parents

Parents are considered to be full and equal members of the IEP team, along with school personnel.34 CFR 300.322 Parents are crucial members of the team because they have unique knowledge of their child's strengths and needs. Parents have the right to be involved in meetings that discuss the identification, evaluation, IEP development and educational placement of their children. They also have the right to ask questions, dispute points, and request modifications to the plan, as do all members of the IEP team.

Although IEP teams are required to work toward consensus, school personnel ultimately are responsible for ensuring that the IEP includes the services that the student needs. By law, schools districts are obligated to make a proposal for services to the parent. If agreement cannot be reached, the school district cannot delay in providing the services that it believes are the best services to ensure that the student receives an effective educational program.

An IEP meeting is not to be confused with a Parent/Teacher conference in which the parent sits and listens as the teacher reports the student's progress and performance. In order to fully participate in developing their child's IEP, parents must be knowledgeable about their child's specific disabilities, their rights under federal and state law, and the policies and procedures of the local education agency. Few parents have this knowledge when their child is initially identified as having a disability. Under IDEA Part D, the U. S. Department of Education funds at least one parent training and information center in each state and most territories ^[3] to provide parents the information they need to advocate effectively for their child. Some centers may also provide a knowledgeable person to accompany a parent to IEP meetings to assist the parent in participating more fully in the process.

The school must make a significant effort to ensure that one or both of the parents are present at each IEP team meeting. If parents are unable to attend, the school must be able to show that due diligence was made to enable the parents to attend, including notifying the parents early enough that they have an opportunity to attend, scheduling the meeting at a mutually agreed on time and place, and offering alternative means of participation, such as a phone conference. Grades may not be discussed during the IEP to the parent unless he or she is having a problem stated on the IEP.

The school must also take whatever action is necessary to ensure that the parent understands the proceedings of IEP team meetings, including arranging for an interpreter for parents who are deaf or whose native language is not English.

Procedural requirements for development Determination of eligibility for special educationMembers of the IEP team

Procedural requirements for development

The outcome of the IEP development process is an official document that describes the education plan designed to meet the unique needs of one child with a disability.

[edit] Determination of eligibility for special education

For more details on this topic, see Special education in the United States.

Before an IEP is written for a child with a disability, the school must first determine whether the child qualifies for special education services. To qualify, the child's disability must have an adverse effect on the child's educational progress. Merely having a disability is not sufficient for eligibility.

To determine eligibility, the school must conduct a full evaluation of the child in all areas of suspected disability. Based in part on the results of the evaluation, the school along with the parents meet to review the results and the child's current level of performance and to determine whether special education services are needed.

If the child is found eligible for services, the school is required to convene an IEP team and develop an appropriate educational plan for the child. The IEP should be implemented as soon as possible after the child is determined eligible. IDEA does not state specific timeframes for each step. However, some states have added specific timelines that schools must follow for the eligibility, IEP development, and IEP implementation milestones.

[edit] Members of the IEP team

The IEP team must include the student's parent(s) or guardian(s), a special education teacher, at least one regular education teacher, a representative of the school or district who is knowledgeable about the availability of school resources, and an individual who can interpret the instructional implications of the child's evaluation results (such as the school psychologist). 34 CFR.321

The parent or school may also bring other individuals who have knowledge or special expertise regarding the child. For example, the school may invite related service providers such as speech and occupational therapists. The parent may invite professionals who have worked with or assessed the child, or someone to assist the parent in advocating for their child's needs, such as a parent advocate or attorney. Many parents choose to bring at least one other person with them to IEP meetings because meeting with such a large group of school personnel can be intimidating to parents.

If appropriate, the child may also participate in IEP team meetings. For example, some children begin participating in their IEP meetings when they reach middle school age.

A typical IEP team meeting includes:

• One or both of the child's parents. Consistent with the IDEA's stated policy, parents should expect to be treated as equal participants with school personnel in developing the IEP.
• A representative of the school district (not the child's teacher) who is qualified to provide or supervise special education.
• The child's teacher(s). If the child has more than one teacher, then all teachers are required to attend.
• If the program to be recommended includes activities with general education students, even if the child is in a special education class in the school, a general education teacher is required to attend.
• Professionals who are qualified to explain the results of the testing. Usually this requires at least the presence of a psychologist and educational evaluator.
• Parents may bring with them any others involved with the child who they feel are important for the IEP team to hear; for example, the child's psychologist or tutor.
• Parents may elect to bring an educational advocate, social workers and/or lawyer knowledgeable in the IEP process.
• Although not required, if the child is receiving related services (such as speech therapy or occupational therapy), it is valuable for related service personnel to attend the meeting or at least provide written recommendations concerning the services in their area of specialty.

In some localities additional members are required. For example, New York State requires the presence of a parent member. A parent member is the parent of a child with a disability (not the parent of the child for whom the IEP is being developed) who has had special training in the workings of the IEP process.