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.