The Individuals With Disabilities
Act (IDEA)
The federal law concerning special education is the Individuals
with Disabilities Act (IDEA). The IDEA provides an overview of
a child’s legal rights to special education and the IEP process.
The IDEA was first passed in 1975 and has gone through a series
of reauthorizations. Congress is currently working on a new reauthorization.
Under the IDEA, children with disabilities are entitled to a
“free appropriate education” (FAPE). This means that schools must
provide eligible children who have a disability with a specially
designed instruction to meet their unique needs at no cost to
the child’s parents. The IDEA is found in the United States Code
starting at 20 U.S.C. §1400. The IDEA’s regulations can be found
in the Code of Federal Regulations at 34 C.F.R. §§300.1—756).
IEP Basics
The IEP is a very important document for children with disabilities
and for those who are involved in educating them. Done correctly,
the IEP should improve teaching, learning and results.
The school district will send parent(s) notice at least 10 days
before the proposed date of the IEP meeting. The notice will tell
the time, date, location, the purpose of the meeting, who will
attend, and parent(s) right to invite other individuals with knowledge
or special expertise about their child.
The parent(s) should notify the school district in writing of
any individual the parent(s) will bring to the meeting.
The IEP meeting must be held at a time and location convenient
for all parties, must be held at least once a year and must last
long enough to cover all issues. Ideally, you want your IEP meeting
to be held in the spring, before the school year for which you
are developing the IEP plan. The school district must take steps
to make sure that the parents understand the IEP proceedings.
An interpreter must be provided by the school, if the parent(s)
ask for one.
The IDEA requires that the IEP program be developed jointly by
both parent and the school district. The school district cannot
present you with a completed IEP at the meeting, but can, prepare
draft statements.
The IEP lays out the goals and objectives the child and school
personnel will work to achieve at school during the school year.
Once the IEP has been developed, the child should start receiving
the services listed in the IEP as soon as possible, but no later
than the beginning of the next school semester. If this is not
possible, interim services must be provided.
Members of the IEP Team
The parent(s) of a child with a disability are expected to be
equal participants along with school personnel, in developing,
reviewing, and revising the IEP of their child.
The child shall attend the IEP meeting if it is appropriate or
if the IEP team is considering transition services for the child.
The child’s special ed teacher.
At least one general education teacher, if your child is (or
may be) participating in the general education class. A school
administrator with responsibility for special education. As appropriate,
school psychologist, speech therapist, occupational therapist,
physical therapist, adaptive physical education specialist, resource
specialist or transition services specialist.
Any person with knowledge or expertise relevant to the child
may attend the IEP meeting. If on the day of the meeting, school
personnel who may be important to parent(s) or child are not present,
parent(s) should be given a reason as to why and the reason should
be documented in the IEP.
Alternatively, the parent(s) may ask that the meeting be rescheduled
so that all necessary individuals may be in attendance. If on
the day of the meeting, individuals are present that were not
listed on the notification, you may request the meeting be rescheduled
in order to receive proper notification.
Parts of the Written IEP
1. Present Level of Educational Performance [how the child
is doing in school]
The Present Level of Educational Performance describes what the
child can do, what the child knows and how the child’s disability
affects the child’s involvement and progress in the general curriculum.
The Present Level of Educational Performance includes the child’s
current level of skill in each particular goal-objective area.
The child’s current status may be reflected in testing data, grades,
and teacher reports or observations.
2. Annual Goals [what child will learn to do in the upcoming
year]
The Annual Goals are statements of what your child needs to learn
and should be able to learn over the next year in order to be
involved in and progress in the general curriculum.
Objective measures should be used to measure child’s progress,
not subjective or opinion standards. Ideal goals and objectives
make direct and clear reference to the program and services desired
for the child. The more detailed the statement the better. Write
goals and objectives so that an objective person will conclude
that your child will need the particular program or service to
meet the goals and objectives. Goals are usually one year goals,
i.e., where do you expect the child to be in one school year.
3. Progress toward annual goals and how parent(s) will be
informed
This means how the parent(s) will be regularly informed of your
child’s progress on the child’s annual goals.
4. Short-term instructional objectives/benchmarks
Objectives are the small steps (bite-sized, do-able tasks) that
child must learn or accomplish in order to reach the annual goals.
Objectives should are not one year objectives, but instead, a
few weeks or months.
5. Specific special education, related services, supplemental
aids and services and a statement of program modifications or
supports for school personnel. [services to be provided to child]
This means detailing the special services the child will have
to support the child’s education, progress in the general curriculum,
nonacademic activities, and extracurricular activities. Related
services are developmental, corrective and other supportive services,
such as transportation, that child needs to benefit from special
education or to be placed in a regular class.
6. Beginning date, amount, frequency, location and anticipated
duration of services and modifications.
This is a statement of when the child will begin receiving special
services, the length of time the child will need the program or
services during that school year, the anticipated frequency of
the services, and the location of services.
7. Extent of participation in regular education programs
This is an explanation of the child’s lack of participation,
if any, in academic, nonacademic and extracurricular programs.
Curricula, including how your child will be involved in and progress
in the general curriculum found in the regular classroom, and
whether specific related services or special education is needed
to assure your child’s involvement and progress. Extracurricular
activities such as after-school clubs, lunchtime activities and
sports activities.
8. Language(s) or mode(s) of communication
Details how special education and related services will be provided,
if other than or in addition to English.
9. Participation in assessments
This is an explanation of what accommodations are necessary,
if any, for your child to participate in State or district-wide
assessments or, if the assessments are not appropriate, how your
child will be assessed.
10. Placement
This means the exact program and class for child. If this is
not the first IEP, the IEP team will review the previous year’s
goals and objectives. If the parent and the school district agree
that the goals and objectives were met, than this might imply
placement is correct. If parent and the school district agree
that certain goals and objectives were met, but others were not,
this might imply that more services are needed. If parent and
the school district agree that the goals and objectives were not
met, this might imply placement is incorrect or goals and objectives
were unrealistic.
11. Extended school year services
This is an explanation of whether the child requires the provision
of services beyond the district’s normal school year in order
to receive FAPE.
What Happens at the IEP Meeting?
At the IEP meeting, the team will develop, review, and/or revise
the IEP document. The parent(s) and other team members will work
to create an IEP that is educationally appropriate and acceptable
to the team. Each team member will have a chance to discuss:
1. The child’s strengths;
2. The parent(s) concerns;
3. The results of the most recent evaluation(s) and/or state
or district-wide assessment child has taken;
4. The level of services the child needs;
5. The placement or setting where services will be provided;
6. The advancement toward the annual goals as well as the adequacy
of child’s goals and objectives; and
7. Any other concerns of the team members including involvement
in general curriculum, participation in extracurricular and nonacademic
activities and/or interaction with other children.
If a team member says something you as a parent do not understand,
ask the person to explain. If someone says something about your
child that you do not agree with or have a question about, ask
for evidence that supports the person’s statement. If you have
evidence which supports a different view, share it with the team.
If a team member finds that needed information is unavailable
at the time of the IEP meeting, than have the team make note of
what is missing in the IEP document along with who will get the
information and when they will get it by. Schedule a continuance
of the IEP meeting, if the information is necessary for successfully
completing the IEP document.
The Actual Writing
of the IEP Document
One member of the IEP team will write the IEP plan as the IEP
progresses. The parent needs to ask frequently to see what has
been written, to make sure it accurately reflects what has been
discussed or agreed upon. Encourage the IEP team to use simple
language in the IEP document so that anyone reading the IEP can
understand and carry it out.
Attach to the IEP a statement of the parent’s point of view (or
Parent Addendum Page). A parent addendum page is the place where
a parent(s) record(s) their point of view concerning any issue
on which there is some level of disagreement. There is no IDEA
requirement for an addendum page. The district may provide a printed
form, however, no formal form is needed, a blank piece of paper
will do (simply write Attachment A on top of sheet).
Be specific in issues concerning the child’s education, do not
use the form to state general complaints. If the school district
does not allow you to attach an addendum, then write on the signature
page that you wanted to attach an addendum but that the school
administration would not let you, THEN file a complaint.
Signing the IEP.
At the end of the IEP meeting, the school administrator will
ask the parent to sign the IEP document. A parent cannot be forced
to sign the document on the spot. Consider taking the form home
and thinking about it prior to signing it. The typical IEP form
will have a series of boxes for which the parent needs to check
one or more boxes. Be careful to check the appropriate box(es).
Typical boxes include:
(1) a box to indicate meeting attendance.
(2) a box to indicate parent was provided copy of legal rights.
(3) a box to indicate approval of the IEP document.
(4) a box to indicate disapproval of the IEP document.
(5) a box to indicate partial approval (if no such box, where
appropriate check approval box and write next to box “Approval
in part, see Parent Addendum for details ”or “I agree with all
of the IEP except for: [and list the disagreement].
(6) a box to indicate that you want to initiate due process hearing.
IEP Do’s and Don’ts
Do’s
- Request a copy of the child’s school records as soon as possible
or at least three months prior to the IEP meeting.
- Have annual IEP meeting scheduled in late March to early May.
- Have written documentation of all relevant information. If it
is not in writing, it can be argued it was never said.
- Stay calm. IEP team members need to listen to each other and
work together to develop the most appropriate educational services
for the child.
- Give praise to the teachers and/or IEP team when praise is warranted.
- Know the purpose of the meeting.
- Come prepared. Have work samples and other relevant documents
with you at the meeting.
- Know your procedural safeguards and basic special education
law.
- Make certain you have read and understand the accommodations
and programs identified in the child's previous IEPs.
- Research alternative or additional accomodations, services,
programs and placements prior to the IEP meeting.
- Find out ways that you can help the child succeed in school.
What types of activities can you do at home to promote learning?
Do you need a duplicate set of school textbooks at home?
- Follow up with teachers after the meeting to discuss the child’s
progress and the effectiveness of the IEP document.
Don’ts
- Forget the IEP meeting is about a child; your child.
- Go to the IEP meeting alone. Bring a friend, lay advocate or
attorney advocate.
- Sign anything other than the attendance sheet at the IEP meeting.
Take time to review documents before you sign.
Deciding Placement
Where your child’s IEP is carried out is called placement. Placement
decisions must be made according to the IDEA’s least restrictive
environment requirement (LRE). LRE requires that to the maximum
extent appropriate, children with disabilities must be educated
with children who do not have disabilities.
When discussing placement, the IEP team should consider your
child’s unique needs and determine what the least restrictive
placement for your child is based on those needs.
Placement in the regular education classroom is the first option
the IEP team should consider. The team must ask if the child’s
needs can be met in the regular education classroom with supports?
If the answer is no, than the IEP team must consider the continuum
of alternative placements. The continuum includes the different
options where children can receive educational services. These
placement options include: a regular education classroom, a special
education class, a special education school, at home or in a hospital
or other public or private institution.
10 Tips To A More Successful IEP
1. Do your homework. Ask the school district for information
on special education; request a copy of school district’s IEP
forms; keep good records; make a list of all contacts made regarding
child’s IEP including names, numbers, time, date and what was
said; and keep a journal of parents and child’s experiences as
you go through process.
2. Try to communicate with school personnel in writing rather
than orally. Obtain your child’s complete school record. Parents
have a legal right to inspect and review education records relating
to their child. If child is already in special ed, parent’s have
this right under 20 U.S.C. §1415(b)(1). If the child is not yet
eligible for special ed, the right is obtained under Family Educational
Rights and Privacy Act (FERPA) 20 U.S.C. §1232(g). Make a request
to the school district administor in charge of special education
(CC: Principal). The school district may charge a fee of not more
than $.35 per page of record.
3. Obtain your child’s complete school record. Parents
have a legal right to inspect and review education records relating
to their child. If child is already in special ed, parent’s have
this right under 20 U.S.C. §1415(b)(1). If the child is not yet
eligible for special ed, the right is obtained under Family Educational
Rights and Privacy Act (FERPA) 20 U.S.C. §1232(g). Make a request
to the school district administor in charge of special education
(CC: Principal). The school district may charge a fee of not more
than $.35 per page of record.
4. Amend your child’s school record. Parents have a right
to request that any false, inaccurate or misleading information
be amended or removed from child’s school file. Write letter to
school principal requesting the amendment.
5. Send all letter certified mail return receipt requested.
6. Audiotape meetings whenever possible. Give school district
prior written notice of intent to tape.
7. Write sample goals and objectives for your child prior
to IEP meeting.
8. Consider having your child assessed by an independent assessor.
9. Visit your child’s placement/classroom.
10. Call the Special Ed Advocacy Center if you need help or
have any questions.