The Special Needs SCHOOL Survival Guide - Cara Koscinski

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      IEP 101—What You Need to Know

      About IEPs and 504 Plans; What Are IEPs?

      The acronym IEP stands for Individualized Education Program. It was derived from the Individuals with Disabilities Education Act (IDEA). Once qualified under this act, the child (according to part b of the IDEA) qualifies for a Free and Appropriate Public Education (FAPE). Each student between the ages of three and twenty-two should have access to general and special education services free of charge. Additionally, the student with disabilities must have access to the same educational services as students without disabilities. This rule includes extra-curricular events. A student with special needs may also qualify for a behavioral intervention plan. The plan is administered along with the regulations of the IDEA law. Remember though, all students are responsible for following the rules of their school districts, but if the student with an IEP requires disciplinary action, the team must discuss whether or not the student’s disability contributed to his behavior. It is quite complex and is far from black and white, so it’s important to understand your student’s rights.

      To qualify for this program through the IDEA law, the student must have one or more of the disabilities listed. There are thirteen of them. (Please refer to www.wrightslaw.com for details.) The key is that the disability must adversely affect the student’s performance in school/education. As a result of the disability, the child needs specialized education services to make progress in school and to benefit from the general education program. The purpose of any IEP must be to provide a program that is specifically tailored to each student’s needs. The IEP refers both to the meeting held to make the document and the actual document created at that meeting. The goals specified within it must be measureable with smaller and more detailed goals (called short-term goals). The IEP needs to be updated every three years, if not before. The IDEA also outlines what options a family has if they disagree with the outcomes of the IEP meeting. According to the Rehabilitation Act of 1973, there may be no discrimination of any student going to a school which is federally funded. The key is that the disability substantially limits major life activities. Another law, the Americans with Disabilities Act (ADA) applies to education because its goal is to prevent discrimination against those with disabilities. Additionally, Congress updated the IDEA in 2009 to ensure that all accommodations which were previously not documented must now be formalized. It’s important to note that plans are included if students attend a school that is government funded.

      What Should I Do if I Think My Student Needs an IEP?

      It’s your right to investigate and learn how your student is performing in school. You can communicate with teachers, ask for progress reports/tests/work samples, and even visit the school to observe your student in the classroom. Most parents are unaware that there may be additional programs available to children who need them. It is important to be polite and respectful to school staff. However, know your rights as a tax-paying citizen.

      When parents suspect that their child needs additional support to learn, the parent’s next step is to request an evaluation for an IEP in writing. Sometimes, the school staff/teachers will recommend an evaluation. You will be notified of their request and will be asked to sign a paper asking for permission/consent for evaluation.

      I have had the benefit of sitting through hundreds of IEP meetings over the years. It’s been quite interesting to attend as the parent, advocate, and OT! Thankfully, there are quite a few helpful ideas I’ve learned.

      If you are mailing the request for an IEP evaluation, send it via certified mail. This way, you will be certain that the school has signed for and received your request. Any formal documentation you keep as a parent will prove helpful if any difficulties arise. As with any other situation, creating a paper trail will be quite beneficial. My theory is that if it’s not written down, it didn’t happen! I highly recommend purchasing a three ring binder solely for IEP-related documents. The binder should contain school information and district policy on IEP; your child’s strengths and weaknesses; a copy of the Procedural Safeguards Notice (see next section); professional evaluations and reports relating to your child’s diagnosis; current level of function; any classroom observations you’ve done; and any medical needs. Despite many nightmare stories you may have heard about IEPs, with a positive attitude and by developing a good relationship with the school district, a wonderful plan is possible.

      What Do I Need to Know Before the Evaluation and IEP?

      After it is determined that your student will be evaluated, the school is required by law to give parents a copy of the “Procedural Safeguards Notice.” This document informs caregivers and parents what legal rights they have in order to make sure that their student receives the services that he or she needs. In the US, the CPIR (Center for Parent Information and Resources) www.parentcenterhub.org is a wonderful site as it provides information about where you can find help in your state if you have any questions. Since each state has different rules and timelines, it’s critical to familiarize yourself with the specific timelines in your state for evaluation, IEP meetings, annual updates, etc. The Procedural Safeguards Notice is to be in the native language of the parents. I recommend this is kept in the IEP binder for future reference as well. If you lose or misplace it, you have the right to ask for the document at any time. School districts often post this information on their websites for easier reference. The more you know as the caregiver, the better you will be able to advocate for your student. Isn’t this the best policy every time?

      According to the National Center, “Schools must provide a copy of the Procedural Safeguards Notice1:

      • Upon initial referral or parental request for evaluation;

      • Once each school year (for students eligible for IDEA services);

      • When parents first file a complaint (either a state complaint or due process complaint);

      • When the student is removed from his or her current educational placement because of a violation of a code of conduct;

      • Upon request by the parent.”

      What Is Included in the IEP Evaluation?

      Before we discuss the actual evaluation, it is important to let you know that the school must discuss what the evaluation will entail. If you feel that there are specific areas of testing or types of assessments your student may 4 need, you have the right to mention your concerns to the evaluation team. Additionally, you may object to any test you do not want completed. The evaluation must use proven testing in many areas; it should include teacher input; should include any previous data collected on your student; and should consider all areas of disability. Most people don’t know that the evaluation must be completed in the student’s native language to ensure he understands all of the tasks asked of him.

      The school district has 45 days (from the date of request to evaluate, according to www.wrightslaw.com.) to evaluate the student and produce a report for the review of the team and parent. Once the evaluation process is completed, the report must be provided within a specific time frame. According to Nolo’s IEP Guide: Learning Disabilities (Siegel, L. 2003) (2), the “initial IEP meeting must be held within 30 days after the school district determines your child is eligible for special education.” The team must inform and invite the parent/ caregiver to the meeting with a letter and the date/time/location of the team meeting must be convenient for both the school and the parent(s). Parents are encouraged to participate in the evaluation and referral process as well as attend IEP, annual, and review meetings.

      Each state/district may have specific time line requirements. Remember that states must follow Federal law, but can have additional stipulations. Reference the website above (CPIR - Center for Parent Information and Resources at www.parentcenterhub.org)

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