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Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for that individual student and must be truly an individualized document. The IEP creates an opportunity for teachers, parents, school personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.
To create an effective IEP, the IEP team meet to look closely at the student's unique needs. These individuals pool knowledge, experience and commitment to have an educational program that will help the student progress in and meet agreed upon goals in the education process. The IEP guides the delivery of special education supports and services for the student with a disability.
The Basic Special Education Process Under IDEA
Step 1. Child is identified as possibly needing special education and related services.
The state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services.
Step 2. Child is evaluated.
The evaluation must assess the child in all areas related to the child's suspected disability. The evaluation results will be used to decide the child's eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.
Step 3. Eligibility is decided.
The team and parents look at the child's evaluation results. Together, they decide if the child is a "child with a disability," as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.
Step 4. Child is found eligible for services.
If the child is found to be a "child with a disability," as defined by IDEA, he or she is eligible for special education and related services. Within 30 calendar days after a child is determined eligible, the IEP team must meet to write an IEP for the child.
Step 5. IEP meeting is scheduled.
The school system schedules and conducts the IEP meeting. School staff must:
Step 6. IEP meeting is held and the IEP is written.
The IEP team gathers to talk about the child's needs and write the student's IEP. Parents and the student (when appropriate) are part of the team. If the child's placement is decided by a different group, the parents must be part of that group as well.
Before the school system may provide a special education with related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the meeting. there sould be goals that determine the present level of education, and stated dates when each educational objective is to be completed.
If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. If they still disagree, parents can ask for mediation, or the school may offer mediation. Parents may file a complaint with the state education agency and may request a due process hearing, at which time mediation must be available.
Step 7. Services are provided.
The school makes sure that the child's IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child's teachers and service providers have access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child, in keeping with the IEP.
It is up to the parent, to be sure the school is following thru with all IEP services, or a compliance compliant may be filed.
Step 8. Progress is measured and reported to parents.
The child's progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of their child's progress and whether that progress is enough for the child to achieve the goals by the end of the year. These progress reports must be given to parents at least as often as parents are informed of their nondisabled children's progress.
Step 9. IEP is reviewed.
The child's IEP is reviewed by the IEP team at least once a year, ususally upon the child's birthdate or month of birthday, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.
If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation (if available) or a due process hearing. They may also file a complaint with the state education agency. They can also ask for an outside independent evaluation at the schools expense, if the school assessment is not agreed with.
Step 10. Child is reevaluated, the Triennual.
At least every three years the child must be reevaluated. Its purpose is to find out if the child continues to be a "child with a disability," as defined by IDEA, and what the child's educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child's parent or teacher asks for a new evaluation, this evaualting needs to be agreed upon by the parents.
The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.
Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.
ph: (714)856-8662
sbell