IEP

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IEP
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Introduction

• The IEP is the centerpiece of the IDEA
• The failure to properly develop and implement the
  IEP may render a students entire program invalid
  in the eyes of the courts

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Purposes

• Collaborative effort to ensure that the students
  program will meet their individual needs
• Communication vehicle between parent and district
• Management- sets forth resources necessary for
  FAPE

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Purposes

• Accountability- commits the school to provide a
  FAPE
• Compliance and Monitoring- state and federal
  monitors will inspect the IEPs for compliance
• Evaluation tool

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IEP Mandate

• Defined as a written statement for a child with a
  disability that is developed and implemented in
  accordance with the requirements of the law
• Each student in special education must have one
• Looked at as both a process and a document

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Procedural Requirements

• When procedural violations have interfered with
  the development of the IEP, the IEP may be ruled
  inappropriate
• The IEP Process- starts with referral (states
  determine process), which anyone can make, then
  proceeds to evaluation.
• Evaluation- determine the possible presence of a
  disability that adversely affects educational
  performance
• If the student qualifies for special education
  services, an initial IEP meeting is held

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Procedural Requirements (cont.)

• In an IEP meeting the participants discuss and
  develop the students special education program
• IEP must be implemented as soon as possible after
  the IEP meeting
• Reviewed and revised at least annually

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Procedural Requirements (cont.)

• The IEP Team- those who have pertinent data (ed.
  rep., sped. teacher, gen ed. teacher, parents,
  someone who can interpret instructional
  implications of the evaluation results, the
  student, related service personnel, for
  transition- agency representative, others at the
  discretion of the parent or district)

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Personnel

• LEA Rep.- qualified to supervise provision of
  special ed. And ensure ed. services specified in
  the IEP will be provided must be in attendance
• Must have knowledge of resources and authority to
  commit them
• Knowledge of general ed. Curriculum
• Cannot be the students teacher
• Sped. Teacher- implements the IEP

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Personnel (cont.)

• Gen. Ed. Teacher- required to attend, if more
  than one, only one required
• Parent- equal partners in IEP development. Right
  to active participation in all discussions and
  decisions- meaningful participation.
• Interpreter- interpret instructional implications
  of the evaluation data
• Student- when appropriate

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Personnel (cont.)

• Related Services Personnel- when student needs
  related services (not required to attend)
• Transition Services Personnel- school must invite
  the student and a representative of the agency
  likely to provide or pay for the transition
  services
• Others at discretion of parent or district-
  inappropriate for representatives of teacher
  organizations to attend an IEP meeting. School
  must inform parents who is attending

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Procedural Requirements

• Private School Placement- Public school district
  still responsible for the IEP
• Individualization- The IEP must reflect the
  individual students unique needs. Schools
  cannot use standard IEPs. IDEA prohibits
  designing IEPs by disability or any other
  categorical programming- based on student needs,
  not on services available. Must consider
  current records, current IEP goals and
  objectives, assessment results, and parents
  concerns (parental consent required)

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Substantive Requirements

• Content- minimum of eight components
• Present levels of educational performance- how
  disability affects involvement and progress in
  general education curriculum (considered the
  starting point)
• Measurable annual goals and benchmarks or short
  term objectives- reflect what the student needs
  in order to become involved in and make progress
  in the general education curriculum. Based on
  the PLEPs

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Substantive Requirements (cont.)

• Special education and related services and
  supplementary aids and services- SDI and services
  necessary for the student to benefit from the
  specially designed instruction
• General education nonparticipation- Maximum
  extent appropriate. Further removed, more onus
  on the district
• State or district testing- must be included or
  IEP team agrees to not include individuals
• Dates- initiated asap
• Transition- 14 and 16

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Substantive (cont.)

• Reporting progress- as regularly as are parents
  of children without disabilities
• IDEA 97- added behavior management plan for
  students with behavior problems, Limited English
  students- language needs related to the IEP must
  be considered, Braille for blind or visually
  impaired, deaf or hard of hearing- communication
  needs, and lastly- consider assistive technology
  needs

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Parental Participation

• Parents must participate in placement decisions
• Schools must take steps to ensure parents are
  present at the IEP meetings, or afforded the
  opportunity to participate, must give sufficient
  notice, the notice must explain the purpose,
  time, location and who will be there
• Must keep records of attempts to arrange meetings

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Parental Participation

• Efforts made to ensure parents understand the
  proceedings
• Surrogate parents appointed when parents cannot
  be located
• When parents and school personnel cannot agree on
  an IEP, last IEP remains in effect until final
  resolution
• A completed IEP may not be presented to parents
  in the IEP meeting

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Reviewing and Revising the IEP

• At least annually
• Parents or district can request a review
• If parent rejects revisions, they can call a due
  process hearing

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Communicating the Requirements of the IEP

• IEP must be implemented as developed
• Teachers working with a student who has an IEP
  are entitled to review the information contained
  in the document