by Becky L. Spivey, M.Ed.
What is an IEP?
Every student in public schools enrolled in special education services has
an IEP (Individualized Education Program). An IEP is a legal and binding
document outlining objectives, measurable goals, expectations, and the
services provided to an individual student.
School personnel use the IEP as a guide to ensure students are receiving
the maximum amount of support services they qualify for under the
Individuals with Disabilities Education Act (IDEA) 2004 or Public Law
108-446.
After an extensive evaluation determines that a student qualifies for
special education services, a designated team of staff members from the
school/district meet at length to discuss how the special education
program can promote the student’s achievement. This team meets and drafts
the initial IEP and, after requesting the parents’ presence at a
conference, reviews it with the parents. At this time, the team notes any
concerns or input the parents may have. If parents do not show up for the
meeting and do not ask to reschedule, the meeting may take place without
them. However, the IEP becomes active and services will begin only with
the parents’ written consent.
After a designated period of time, the team reconvenes with the parents
and presents an evaluation of the student’s progress. At this time, the
team and/or parent may suggest changes to the goals and support services,
or the IEP may stand as is if the services are meeting the student’s needs
sufficiently. Any changes to the IEP must have parental consent before
implementation.
Can parents request a revision of the IEP before the next scheduled
IEP meeting?
Parents have the right to request a meeting of the IEP team to discuss
making changes to the IEP;however, there are procedures to follow. To call a meeting of the IEP
team, some districts require a written request with at least a 10-day
notice (or more) in order to give members of the team sufficient
notice to attend.
IDEA law states,
“There should be as many meetings a year as a child may need.”
This is from Appendix A to the IDEA regulations. If school
personnel tell parents that a revision of the IEP is not possible, they
may not know the law. Some school personnel have limited knowledge of IDEA
laws regarding special education and know only what they hear in an
in-service training or by word-of-mouth.
Parents of a student with a disability should educate themselves on IDEA
laws. Information regarding IDEA laws as they apply to special education,
specifically IEPs, is readily available on the internet. You can find
answers quickly to your questions or information on how to address your
concerns in the IDEA (Individuals with Disabilities Education Act) Public
Law 108-446 statute and regulations. Special education service providers
should make sure teachers and other staff members have a copy of the IDEA
statute and provide one for parents before the initial IEP meeting. For an
overview of the IDEA statute and regulations, go to
http://idea.ed.gov/explore/view/p/,root,statute.
For a more parent-friendly translation and commentary on IDEA 2004 Public
Law 108-446, go to the National Center for Learning Disabilities website
Special Education coordinators in every school district have access to
copies of IDEA 2004 and will be able to discuss parent concerns or answer
questions regarding the student’s IEP.
For an accurate, current, reliable, and
extensivelibrary of information about special education law, education law,
advocacy for children with disabilities, the rights of students enrolled
in special education, and FAQs regarding IDEA, go to
http://www.wrightslaw.com/.
Resources
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