Patricia S. Phelan runs The Law Office of Patricia S. Phelan - a practice dedicated exclusively to the field of special education law and advocacy. Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability. For guidance about your child's rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 845-398-3273. For more information about The Law Office of Patricia S. Phelan, go to http://www.phelanspecialedlaw.com/.
For any parent, a child’s return to school is exciting – new classes, new friends and new teachers. For the parent of a child with special needs, it involves much more. As special education parents, you must read and understand your child’s new “Individualized Education Program,” or “IEP.” You also need to collect and keep your child’s educational records organized. Finally, you must help new staff working with your child understand your child’s strengths and needs -- particularly in this time of transition. This four-part series is intended to help make the new school year easier and more successful for both you and your child.
PART ONE
Required Summer Reading: Your Child’s IEP
By the time school begins, you should already have a copy of your child’s IEP. It probably came in your mail, shortly after the IEP meeting. That could have been as early as last spring.Dig it out! In order to help your child, you need to read and understand the plan and make sure it is accurate.When you first look at it, the IEP seems long, technical and confusing.Don’t let that stop you! Read on. It is a must for your child’s success in school. IEP Background As you begin, here are a few things to think about:
- The best IEPs are created when parents and the school district work together.
- As a parent, you have the right to be at your child’s IEP meeting. You also have the right to be included in making decisions. You are part of the special education team.
- In the best of circumstances, you worked with the group that drafted this year’s IEP. No matter what, you have a part to play through the rest of the school year. Keep this in mind as you read your child’s IEP.
- It is your job to work with the teachers.
- It is also your job to make sure the school district gives your child what is promised in the IEP.
- As your child grows, you must look at whether your child needs change. You must help the school understand your child’s changing special needs.
What is an IEP? The IEP is like a roadmap guiding your child’s education. It explains for you and the district what special education programs and services your child is to receive. The IEP also outlines the goals your child must try to achieve.It is important to understand from the IEP what services your child is not getting. If you believe your child needs or is entitled to services he or she is not getting, there are steps you can take. One of the IEP’s functions is to help you hold the school district responsible. The law says the school district must provide the services – and work on the goals – that are stated in the plan.Also, by reading the IEP, teachers can learn about a new student. For this reason, it must be accurate and complete – and it must show your child’s strengths and needs. Read Your Child’s IEP It can be hard for parents to read an IEP. It will likely stir up your emotions. It also follows a form most people do not recognize and uses unfamiliar language. But the properly prepared IEP actually is a very well organized document that you can learn to understand.How the IEP looks changes by state. Some states, such as New York, have a “Model Form”. A school district can use this sample to help the team create an IEP. Other states, like Maryland, have a state IEP. All districts in the state must use this form to create a child’s IEP. New York seems to be headed in that direction as well. Current state law in New York specifies that all “IEPs developed on or after January 1, 2009 shall be on a form prescribed by the Commissioner.” [8 NYCRR §200.4(d)(2)]Finally, many states, including California and Texas, have no form IEP at all. School Districts in these states are free to create their own IEP as long as it complies with Federal Law. The U.S. Department of Education has created a Federal Model IEP. It is called the “Model Form: Individualized Education Program”.
When writing an IEP, all school districts must include the sections of this sample form. Let’s walk through the sections of the Federal Model one by one:
· Present Levels of Academic Achievement, Functional Performance and Individual Needs
This section tells you how your child is doing now. This is referred to as present levels of performance, or PLOPS. It looks at how your child is doing in four areas: academic, social, physical, and management needs (supports needed to help your child learn). If appropriate, this section also explains why your child’s performance does not allow him or her to learn in a regular education classroom.
· Measurable Annual Goals
This section lists the annual goals to help meet your child’s individual needs. You will also get related information, such as which teacher will let you know how your child is doing on meeting each goal, and when. IF your child is not going to take the same State tests that regular education children take, your child’s IEP should also list short-term objectives known as “benchmarks”.
· Reporting Progress To Parents
The IEP also explains how your child’s progress will be measured. This section also states how often and in what way your child’s progress will be reported to you – such as in quarterly reports, in addition to report cards.
· Recommended Special Education Programs and Services
In this section, the team lists all of the special education programs and related services (e.g. speech therapy) your child will receive. It also lists many other details about the services – including the ratio of children to staff, how often the services will occur, how long they will last, and where they will be provided.Under the law, if your child needs any special help, the help can be written into the IEP. The IEP will also list any supports that your child’s teachers may need to help them teach your child. A description of these aids, services, supports and modifications are also listed in this section. This section also talks about help for your child related to tests. If your child is not going to take the same State tests that regular education children take, this section will explain why. Also, this section will explain any testing accommodations your child may need. These may include extra time, having the directions or questions read, and using a less distracting testing place.Remember that the law says your child should be able to go to a regular education program with children who do not have special needs, if that is possible. This section of the IEP explains what part of the day, if any, your child will not be part of the regular education program, due to his or her disability.
· Issues For Older Children With IEPS
Part of the purpose of the Federal special education law is to help children prepare for their future education, employment and independent living needs. Therefore, by the time your child turns 16 years old (and younger, if necessary), Federal law requires that the IEP have long term, “postsecondary” goals. It also must explain what transition services your child needs to meet these goals. Some states require the IEP to include these goals even earlier – such as NY (age 15) and MD (age 14).By the time your child is one year away from the age of majority in your state, the child’s IEP must also state that your child was told his rights under the law that will impact him once he reaches the age of majority.
While not part of the Federal Model IEP, IEPs developed in New York State will also include this additional information:
· Student and Guardian Information
The IEP will have a section which provides general contact information about you and your child and warns the teachers about allergies.
· Recommended Classification and Placement Information
The IEP will probably have a section which explains some basic facts about the IEP meeting. These include when the meeting was held and what the team decided. To get special education services, your child must have a disability that adversely affects his or her educational performance. At some point, the IEP team will likely give your child a label. This is known as a “classification”. Possible classifications include “speech or language impairment,” “learning disability,” and “autism.” If your child is younger than five, the team will label your child “preschool child with a disability.” The team identifies the classification in this section of the IEP. Remember that even if the team has not yet given your child a label, the school can still start special education services as long as your child has a disability and needs special education as a result. This section also tells you when the IEP starts and ends. It states whether your child can get special services for 12 months of the year, rather than just during the school year. (This is called “Extended School Year.”)In addition, it is the place to learn whether the team has recommended any special help with driving your child to and from school. Finally, this section of the IEP tells you the date your child will have a complete re-evaluation. Your child must have this complete testing at least once every three years. It is called a “triennial.” Your son or daughter will get a more general review every year.
· Committee Meeting or Agreement Information
The IEP also explains when the meeting(s) occurred and who attended each one. It explains what took place during each meeting. It also spells out what reports and other materials the team relied upon. This section becomes the record of what occurred. Usually it explains how recommendations were arrived at. This is particularly helpful to people who were not at the meeting. This will include many of your child’s teachers, who are reviewing your child’s IEP prior to the start of school. Look at the comments about the meeting. See if they state what actually happened. Do they leave out mention of any important discussions? If the comments are not complete or accurate, notify the meeting chairperson of that fact in writing.
· Other Options Considered
The IEP might also have a section which states the other placement options the team considered and why the team rejected these options. Sometimes, for example, a placement is deemed too restrictive – it does not provide enough learning opportunities with non-disabled children. In other instances, there will not be enough support. The reasons vary. This option helps the reader to understand whether the IEP team recommended the least restrictive placement for your child, which is required under federal and state law.
Now that you have read your child’s IEP, let’s make sure you can understand it. The next part of my blog will address strategies you can use to help you understand the services recommended for your child.
For additional resources, including helpful books and links to other web sites, I encourage you to access my web site at www.phelanspecialedlaw.com. *I would like to thank Pete and Pam Wright for their assistance in editing certain portions of this blog.