The outcome of the IEP development process is an official document that describes the education plan designed to meet the unique needs of one child with a disability.
Determination of eligibility for special education
Before an IEP is written for a child with a disability, the school must first determine whether the child qualifies for special education services. To qualify, the child's disability must have an adverse effect on the child's educational progress.
To determine eligibility, the school must conduct a full evaluation of the child in all areas of suspected disability. Based in part on the results of the evaluation, the school along with the parents meet to review the results and the child's current level of performance and to determine whether special education services are needed.
If the child is found eligible for services, the school is required to convene an IEP team and develop an appropriate educational plan for the child. The IEP should be implemented as soon as possible after the child is determined eligible. IDEA does not state specific time-frames for each step. However, some states have added specific timelines that schools must follow for the eligibility, IEP development, and IEP implementation milestones.
Members of the IEP team
The IEP team includes the student, the student's parent(s) or legal guardian(s), the student's case manager, at least one general-education teacher, a representative of the school or of the school district who is knowledgeable about the availability of school resources, and an individual who can interpret the instructional implications of the results of the student's evaluation (such as the school psychologist).
The parent or school may also bring other individuals who have knowledge or special expertise regarding the child. For example, the school may invite related service providers such as speech and occupational therapists. The parent may invite professionals who have worked with or assessed the child, or someone to assist the parent in advocating for the needs of his or her child, such as a parent advocate or an attorney.
If appropriate, the child may also participate in IEP team meetings. For example, some children begin participating in their IEP meetings when they reach middle school age.
A typical IEP team, and team meeting includes:
- One or both of the child's parents. Consistent with the IDEA's stated policy, parents should expect to be treated as equal participants with school personnel in developing the IEP.
- A case manager or a representative of the school district (not the student's teacher) who is qualified to provide or supervise special education.
- The student's teacher(s), and principal(s). If the child has more than one teacher, then all teachers are invited to attend, with at least one teacher required to attend.
- If the program to be recommended includes activities with general education students, even if the child is in a special education class in the school, a general education teacher is required to attend.
- Any provider of a related service to the child. Normally this would be speech therapy, occupational therapy, or adapted physical education.
- Professionals who are qualified to explain the results of the testing. Usually this requires at least the presence of a psychologist and educational evaluator, if an assessment or report is reviewed. This usually occurs at the 3-year review, or triennial IEP.
- Parents may bring with them any others involved with the child who they feel are important for the IEP team to hear; for example, the child's psychologist or tutor.
- Parents may elect to bring an educational advocate, a social worker, and/or a lawyer knowledgeable in the IEP process.
- Although not required, if the student is receiving related services (such as speech therapy, music therapy, physical therapy or occupational therapy), it is valuable for related service personnel to attend the meeting or at least provide written recommendations concerning the services in their area of specialty.
- The student's guidance counselor may be needed in attendance to discuss courses that may be required for the student for his or her education.
Role of the parents
Parents are to be considered full and equal members of the IEP team, along with school personnel. Parents have the right to be involved in meetings that discuss the identification, evaluation, IEP development, and educational placement of their children. They also have the right to ask questions, dispute points, and request modifications to the plan, as do all members of the IEP team.
Although IEP teams are required to work toward consensuses, school personnel ultimately are responsible for ensuring that the IEP includes the services that the student needs. School districts are obligated by law to make a proposal for services to the parent. If an agreement cannot be reached, the school district cannot delay in providing the services which it believes are the best services to ensure that the student receives an effective educational program.
Under IDEA Part D, the United States Department of Education funds at least one parent training and information center in each state and most territories to provide parents the information they need to advocate effectively for their child. Some centers may also provide a knowledgeable person to accompany a parent to IEP meetings to assist the parent in the process.
The school is mandated to make an effort to ensure that one or both of the parents are present at each IEP team meeting. If parents do not attend, the school is required to show that due diligence was made to enable the parents to attend, including notifying the parents early enough that they have an opportunity to attend, scheduling the meeting at a mutually agreed on time and place, and offering alternative means of participation, such as a phone conference.
The school is required to ensure that the parent understands the proceedings of IEP team meetings, including arranging for an interpreter for parents who are deaf or whose native language is not English.
Developing the student's education plan
After the student is determined to be eligible for special education services, the IEP team is required to develop an individual education plan to be implemented as soon as possible after eligibility is determined. Using the results of the full individual evaluation (FIE), the IEP team works together to identify the student's present level of educational performance, as well as the student's specific academic and any related or special services that the child needs in order to benefit from their education.
When developing an IEP, the team must consider the strengths of the student, the concerns of the parent for their student's education, results of the initial or most recent evaluation of the child (including private evaluations conducted by the parents), and the academic, developmental, and functional needs of the child. In the case of a child whose behavior impedes the student's learning or that of other children, the team is required to consider the use of Positive Behavior Interventions and Supports to address the behavior.
The IEP team is required to consider the communication needs of the child. For example, if a child is blind or visually impaired, the IEP is mandated to provide for instruction in Braille and the use of Braille unless an evaluation of the child's reading and writing skills, needs, and future needs indicate that this instruction is not appropriate for the child. If a child is deaf or hard of hearing, the team is required to consider the child's language and communication needs, including the need to communicate with school personnel and peers, and the child's need for direct instruction in the child's language and communication mode. In the case of a child with limited English proficiency, the team is required to consider the language needs of the child as those needs relate to the child's IEP.
A matrix is drafted containing the student's present level of performance, indicators about ways the student's disability influences participation and progress in the general curriculum, a statement of measurable goals, including benchmarks or short-terms objectives, the specific educational services to be provided, including program modifications or supports, an explanation of the extent that the child will not participate in general education, a description of all modifications in statewide or district-wide assessments, the projected date for initiation of the services and the expected duration of those services, the annual statement of transition service needs (beginning at age 14), and a statement of interagency responsibilities to ensure continuity of services when the student leaves school (by age 16), a statement regarding how the student's progress will be measured and how the parents will be informed in the process.
IDEA requires a child's IEP be developed solely based on the child's needs, and not based on pre-existing programs or services available in the district. Whether particular services are available in the district should not be considered when identifying the services a child needs to receive an appropriate education.