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Questions And Answers About The IDEAPart 2 |
CreditsSourceNational Information Center ContentsBackground InformationPurposes and Promises of the IDEA Accessing Services The Individualized Education Program Procedural Safeguards Additional Resources IDEA's Definitions of Disabilities Excerpts from Appendix C of IDEA's Regulations ForumsLearning and Other DisabilitiesRelated ArticlesQuestions Often Asked About Special Education ServicesChildren and Adults With ADD Urge Congress To Increase Federal Role |
The Individualized Education ProgramQuestion: What is an Individualized Education Program (IEP)?An IEP is a written statement of the educational program that is designed to meet a child's unique needs. Two purposes of the IEP are:
The law requires that every child receiving special education services have an IEP (Section 300.342). The IEP must include statements about:
Appendix C of the regulations for IDEA contains additional guidance on the IEP process. Serving as a "Notice of Interpretation" and using a question and answer format, Appendix C can assist the team developing a child's IEP. Excerpts of this Notice of Interpretation -- relating to how teams should describe a student's present levels of educational performance, and develop and state annual goals and short-term objectives for that student -- are presented in Attachment B of this document. Your child's need for assistive technology devices or services, or both, may also be included in the IEP. Assistive technology devices are defined as any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities (Section 300.5). Assistive technology devices can be acquired commercially off the shelf, modified, or customized. Since the explosion of technology in our country, assistive technology devices have become more widely available and have been shown to dramatically improve the functional capabilities of individuals with disabilities in terms of mobility, communication, employment, and learning. Many of the devices have been instrumental in allowing students with disabilities to be educated in regular classrooms, working and learning alongside of their nondisabled peers. Some examples of these devices are: electronic communication aids, devices that enlarge printed words on a computer screen, devices that facilitate communication for individuals with hearing impairments, prosthetic devices, braille writers, and keyboards adapted for fist or foot use. Assistive technology services are any services that directly assist an individual with a disability to select, acquire, or use an assistive technology device. This includes evaluating the needs of the child, including a functional evaluation in the child's customary environment. The term also includes such services as:
Regulations for the IDEA state that schools must make assistive technology devices and/or services available to a child with a disability, if required as part of that child's special education, related services, or supplementary aids and services (Section 300.308). A recent policy letter from the Office of Special Education Programs (OSEP) states that "consideration of a child's need for assistive technology must occur on a case-by-case basis in connection with the development of a child's Individualized Education Program (IEP)" (Goodman, 16 Education of the Handicapped Law Report 1317, OSEP 1990). Thus, when the IEP of a student is being developed, reviewed, or revised, the school district must assess, if appropriate, the student's need for an assistive technology device or service, determine those devices or services that will facilitate the student's special education (particularly those that will facilitate his or her education in the regular educational environment), list them in the IEP, and then provide them to the student. The IDEA makes an important change to the EHA for the IEPs of students with disabilities beginning at age 16, or, if determined appropriate, for students younger than age 16. Under the IDEA, the IEPs of these students must also state what "transition services" each student needs to prepare for the transition from school to a postschool world. Before the student leaves the school setting, the IEP must also include statements of the school's responsibilities, as well as those of any other participating agency (e.g., Vocational Rehabilitation), if appropriate for providing or paying for needed transition services. (Section 300.346) Transition services are defined by the IDEA as "a coordinated set of activities for a student, designed within an outcome-oriented process, that promote movement from school to post-school activities, including:
The coordinated set of activities described above must:
Transition services can be provided as special education if they are specially designed instruction or as related services if they are required to assist a student with a disability to benefit from special education. Because of the importance of transition services to youth with disabilities, you may wish to contact NICHCY and ask for a free copy of NICHCY's Transition Summary called Transition Services in the IEP. This document looks at transition services in detail. |
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Who develops the IEP?The IEP is developed by a team whose members meet, review the assessment information available about the child, and design an educational program to address the child's educational needs. This meeting, called an IEP meeting, must be held within 30 calendar days after the school district determines, through a multidisciplinary evaluation, that a child has a specified physical or mental impairment and needs special education and related services [Section 300.343(c)]. A child's IEP review must occur at least annually thereafter. According to the regulations (Section 300.344), the following people must be invited to attend the IEP meeting:
Depending on the purpose of the meeting, other participants may be involved. For example, when a child has been evaluated for the first time, the school must also ensure that a member of the evaluation team participates in the IEP meeting, or that someone knowledgeable about the evaluation procedures and results (e.g., a representative of the school or the child's teacher) is present. [Section 300.344(b)] If one of the purposes of the meeting is the consideration of transition services for the student, then the school must also invite the student and a representative of any other agency that will be responsible for providing or paying for the transition services [Section 300.344(c)]. "For all students who are 16 years or older, one of the purposes of the annual meeting will always be the planning of transition services, since transition services are a required component of the IEP for these students" (Section 300.344, Note 2). So we, as parents, are involved in developing our child's IEP?Yes. The law is very clear that parents have the right to participate in the meeting where their child's IEP is developed. Therefore, your school district must ensure that you have the opportunity to participate in your child's IEP meeting and to contribute to the development of his or her IEP. This means that:
The regulations state that the school may hold the IEP meeting without the parents if they are unable to attend. However, the school must have a record of its attempts to arrange a mutually-agreed-upon time and place. This can be accomplished by keeping detailed records of telephone calls made or attempted and the results of those calls, copies of all letters sent to the parents and any responses received, and a record of any visits made to the parents' home or work and the results of those contacts. [Section 300.345(d)] The regulations also state that if neither parent can attend the IEP meeting, the school must use other methods to ensure their participation, including individual or conference telephone calls [Section 300.345(c)]. What occurs during an IEP meeting?As has been said, the purpose of the IEP meeting is to develop a child's IEP. The meeting can serve as an excellent communication vehicle between parents and the school. It enables the parents and the school to decide what the child's needs are, what services will be provided, and what outcomes can be anticipated, and to specify these in the IEP. Many school districts conduct the IEP meeting separately from the meeting where the child's eligibility for services was determined. Other school systems combine the eligibility meeting and the IEP meeting, moving directly into developing the IEP once a child has been determined eligible for services. Whichever approach the school district uses, once your child's eligibility for services has been determined, the focus of discussion will be on developing his or her IEP. You and the other members of the team will discuss:
You, as the parent, may wish to provide information on your child's educational (and, when appropriate, transition) needs, offer suggestions for the services appropriate for meeting those needs, and help select an appropriate program. At any point during the IEP meeting, don't hesitate to ask questions until you are sure that you understand what is being said. Following the team's discussion, decisions will be made about the educational program and related services that best suit your child's needs. These decisions are then specified in the IEP. You are entitled to receive your own copy of this document [(Section 300.345(f)]. It is important to understand that the IEP sets out the individualized instruction and related services to be provided to the child, but it is not a contract. While the school, teacher, and others are not liable if a child does not achieve the growth projected in the annual goals and objectives, the school is responsible for providing the instructional and related services written into the IEP (Section 300.350). In order to check on your child's progress, you will find it helpful to have a copy of your child's IEP. The IEP constitutes the basis for your child's special education placement. It is important to know that your written consent must be obtained before your child is placed in a special education program for the first time [Section 300.504(b)(ii)]. School districts do have procedures they can follow to override parents' unwillingness to give consent; these are discussed in Part V. How often is my child's IEP revised?The law clearly makes provisions for the growth and changing needs of children. At least once a year, whether you request it or not, a meeting must be scheduled with you to review your child's progress and to develop a new IEP for the upcoming year [Section 300.343(d)]. In addition, you may request a review or revision of the IEP at any time. However, for any changes in your child's special education program after the initial placement, your written consent is not required under Federal law (Section 300.504, Note 1). What is required is that the school district give you prior written notice, within a reasonable time, of any changes it intends to make regarding your child's education program [Section 300.504(a)(1) and Note 1]. How can I involve myself after my child's IEP is developed?It is in the best interests of everyone -- the parents, the school district, and the child with a disability -- that the school and the parents maintain a good working relationship. The following are some suggestions that parents can use to develop and maintain a positive working relationship with professionals who work with their child.
Procedural Safeguards -- What to Do When You Don't AgreeThe IDEA includes an entire section entitled "Procedural Safeguards." These safeguards are designed to protect the rights of parents and their child with a disability, as well as to give families and schools a mechanism for resolving disputes. Procedural safeguards under the IDEA (many of which have been discussed previously in this News Digest) include the right of parents to inspect and review their child's educational records; the right to obtain an independent educational evaluation (IEE); the right to written prior notice on matters regarding the identification, evaluation, or educational placement of their child, or the provision of FAPE to their child; the right to request a due process hearing on these matters; which hearing must be conducted by a impartial hearing officer; the right to appeal the initial hearing decision to the State Education Agency (SEA) if the SEA did not conduct the hearing; the right of the child to remain in his or her present educational placement, unless the parent and the agency agree otherwise, while administrative or judicial proceedings are pending; the right to bring a civil action in an appropriate State or Federal court to appeal a final hearing decision; the right of the parent to request reasonable attorney's fees from a court for actions or proceedings brought under the IDEA under the circumstances described in Section 615(e)(4) of the IDEA; and the right of parents to give or refuse consent before their child is initially evaluated or placed in a special education program for the first time. We will look at some of these areas in this section, including: the confidentiality of education records; access to education records and the parents' right to request that records be amended; and what parents can do if they do not agree with an educational decision made by the school system regarding their child. Are my child's records confidential?There are provisions under the IDEA (and other Federal laws as well) that protect the confidentiality of a child's education records. These safeguards address three issues: (a) the use of personally identifiable information; (b) who may have access to a child's records; and (c ) the parents' right to request that their child's records be amended. Personally identifiable information means information that includes: (a) the name of the child, parent, or other family member; (b) the address of the child; (c ) a personal identification number (such as the child's social security number or student number); or (d) a list of personal characteristics or other information that would allow the child to be identified with reasonable certainty (Section 300.500). With a number of exceptions, you must give your consent before any personally identifiable information can be disclosed by the school district (Section 300.571). These exceptions are specified by your State or other participating agency's policy in keeping with the regulations of Section 99.31 of the regulations for The Family Educational Rights and Privacy Act (FERPA), P.L. 93-380. (Regulations for the entire FERPA can be found in 34 CFR Section 99.1 through Section 99.67. IDEA's regulations on confidentiality -- Section 300.560 through Section 300.576 -- contain several references to FERPA.) You have the right to know your State's policy or other participating agency's policy in regards to the collection, storage, release, and destruction of personally identifiable information (Section 300.561). You can obtain this information through your district's special education director or through the State's Office of Special Education. Access to a child's education records is frequently a concern of parents. The IDEA guarantees you the right to inspect and review any records relating to your child that the school district collects, maintains, or uses regarding the identification, evaluation, and educational placement of your child and the provision of FAPE to your child (Section 300.502 and Section 300.562). Should you ask to review your child's records, the school district must respond to the request without unnecessary delay and before your child's IEP meeting or a due process hearing involving your child, and in no case later than 45 days after the request. You also have the right to reasonable requests for explanations and interpretations of the records. You may ask the school district or other participating agency to provide you with a copy of your child's records, and you have a right to a copy if you do not live within commuting distance of your school district or participating agency. The school may charge you a reasonable fee for making copies, as long as this fee does not effectively prevent you from inspecting and reviewing the records. Schools may not charge you for searching for or retrieving the records [Section 300.566(b)]. Furthermore, you have the right to obtain from the school district or other participating agency a list of the types of education records that are collected, maintained, or used by the agency, and where these records are kept (Section 300.565). In keeping with the requirements of the FERPA, only certain individuals besides you, as parents, may have access to your child's records. These individuals may include, for example, teachers or officials of the school or state who have a legitimate educational interest in the records. The school or other participating agency is required by law to maintain a record of all parties who obtain access to a child's educational records (with the exception of parents and authorized employees). This record should include the name of the person who accessed the records, the date, and the purpose for which the person was authorized to use the records (Section 300.563). The right to request that records be amended is also given to parents under the law. If you believe the information in your child's records is inaccurate or misleading or that information in the records violates your child's right to privacy, you may request that the school district amend this information [Section 300.567(a)]. The district must then decide, within a reasonable amount of time, whether to comply with your request [Section 300.567(b)]. If the district or other participating agency decides to refuse your request, it must inform you of this decision, as well as advise you of your right to a hearing [Section 300.567(c)]. If you decide to challenge the school district's or other participating agency's refusal through a hearing, you have the right to present evidence showing why you feel the information in your child's records should be amended (Section 99.23). The hearing must be conducted by an individual who does not have a direct interest in its outcome, and the educational agency or institution must make its decision in writing within a reasonable amount of time after the hearing (Section 300.570 of IDEA refers readers to Section 99.23 of FERPA). Should the decision be in your favor, the district or other participating agency must amend your child's records and inform you in writing that it has done so [Section 300.569(a)]. If, however, the decision supports the school district's refusal to amend the records, then you have the right to add a statement to your child's records [Section 300.569(b)]. This statement would, in effect, comment upon the information in dispute and set forth reasons why you disagree with the school district. The district must then place your statement in the records, keep it there as long as the records are maintained, and share it with any party to whom the records are disclosed [Section 300.569(c)]. What can the school district do if parents don't consent to their child's initial evaluation or initial placement into special education? There are two ways that parental consent can be withheld. One is that the parents simply do not respond to any of the school's communications, thereby withholding consent through silence. The other is explicit denial of consent, meaning that parents refuse orally or in writing to allow their child to be evaluated for or placed into a special education program. In both cases, the school district does have steps it can take that may or may not result in an overriding of parents' refusal of consent. If the district feels strongly that the child should be evaluated to determine if a disability exists, or if the district feels strongly that the child should be placed into special education, the district can pursue the matter through the procedures specified in Federal or State law. Where State law requires parental consent, the school must follow procedures developed by the state, such as obtaining a court order authorizing the school to conduct the evaluation or place the child into a special education program [Section 300.504(b)(2) and Note 2]. If, however, the state has no legal requirement for parental consent outside of Federal regulations, then the school may use the IDEA due process procedures to obtain a decision that allows the initial evaluation or special education placement of a child to take place without parental consent [Section 300.504(b)(3)]. In any event, the school must notify the parents of its intended actions [Section 300.504(a)(1) and Notes 1 and 2]. Parents have rights at such a due process hearing, as well as the right to appeal decisions made at a due process hearing [Section 300.504(b)(3)]. (See discussion further below of due process hearings and the rights of parents at these hearings.) What can I do if, at some point in time, I don't agree with decisions the school makes concerning my child?There are several, different procedures that you might want to use when you are not in agreement with the decisions recommended by the school with regard to your child's identification, evaluation, educational placement, or the provision of FAPE. Five commonly used procedures are listed below. You may want to use one or more of these approaches; some may be more appropriate than others at different times and for different reasons. Parents may also find it useful to involve an advocate in some of these approaches. An advocate can help parents to understand their rights and responsibilities fully, as well as those of the school district, and can assist in discussions concerning whatever differences exist between parents and the school system. (To find out more about advocates in your area, contact a local disability group or parent group.)
An individual wishing to file a complaint must do so by writing directly to his or her State educational agency (SEA). Once the complaint is received, the SEA has the option of either investigating the complaint on its own or directing that the school district or other participating agency involved in the complaint conduct its own investigation. In either instance, the SEA must review all relevant information and make an independent determination as to whether a requirement of the IDEA has been violated. The SEA must conduct an on-site investigation, if it determines such an investigation to be necessary. The complainant also must be given the opportunity to provide information, either orally or in writing, regarding the complaint. Once the complaint resolution procedure is completed, the SEA must issue a written decision that addresses each of the allegations in the complaint and contains the reasons for the SEA's decision. A party to the complaint who disagrees with the State's final decision has the right to appeal that decision by requesting review from the U.S. Secretary of Education. Secretarial review of complaints involving Part B is the responsibility of the Assistant Secretary for the Office of Special Education and Rehabilitative Services (OSERS). To find out more about your State's complaint procedures, contact the Director of Special Education at your SEA and request a copy of these procedures. Additional clarification is also available about how the due process procedure and the state complaint process operate as distinct and separate remedies; specific guidance is provided in this regard in the December 4, 1991 letter of clarification from the United States Department of Education (Davila, 1991). What is a due process hearing?Parents have the right to request a due process hearing if they disagree with their child's identification, evaluation, or educational placement, or any aspect related to the provision of a free appropriate public education (Section 300.506). A due process hearing involves an impartial third party -- called a hearing officer -- who hears the evidence and issues a decision based upon that evidence and the requirements of the IDEA. This person cannot be an employee of the school district involved in educating or caring for the child, nor can this person have any personal or professional interest that might conflict with his or her objectivity in the hearing [Section 300.507(a)(1)-(2)]. It is important to note that just because the school district pays this person to serve as a hearing officer, he or she is not considered to be an employee of the school [Section 300.507(b)]. The due process hearing must be conducted by the SEA or the school district directly responsible for the child's education, as specified by the State. The school district must also tell parents of any free or low-cost legal (or other relevant) service available in the area, if parents request such information [Section 300.506(c)]. The due process hearing must be completed and a copy of the decision mailed to parents and school officials within 45 days of the parents' request (Section 300.512); however, the hearing officer may grant a specific extension of time at the request of either party involved in the due process procedure. The right to request a due process hearing, however, is not reserved solely for parents. The public educational agency also has the right to initiate a hearing if parents refuse to give consent to the initial evaluation or placement of their child into a special education program [Section 300.504(b)(3)]. All persons involved in the due process hearing -- including the parents -- have the right to:
Parents have the right to open the hearing to the public and to have their child attend [Section 300.508(b)]. At the hearing, the arguments and evidence of both the parents and the school district are presented before the impartial hearing officer, who then gives a decision. The decision is considered final, unless one of the parties involved in the hearing appeals the decision to the SEA (Section 300.510). (Appeal to the SEA is available only if the SEA did not conduct the hearing.) If the hearing decision is appealed, the SEA then conducts an impartial review of the hearing, examining the entire hearing record and seeking additional information, if necessary. If the reviewing official wishes to, he or she can allow both parties to submit oral and/or written arguments. The matter must be resolved and a copy of the final decision must be mailed to both parties within 30 days of the request for a review (Section 300.512). A parent or a public educational agency who disagrees with an initial hearing decision for which no appeal is available also has the right to bring a civil suit (Section 300.511). It is important to realize, however, that civil actions can become quite costly and are certainly frustrating and time-consuming. When possible, it is far more productive to resolve disputes through trying some of the suggestions given above, such as conferences and mediation. Getting additional information and support are also important in resolving disputes. You may want to seek advice from the Parent Information and Training Project or the Protection and Advocacy Agency in your State. Additional materials about procedural safeguards and mediating disputes are available by contacting NICHCY. Back to the TopContinue on to part 3 of this digest |