What is an IEP?

"IEP" stands for Individualized Education Program. The key word is "individualized" - each plan is created to meet the needs of an individual student.

“IDEA (2004) [Individuals with Disabilites Education Act of 2004] requires schools to use a variety of tests and assessments to gather functional, developmental, and academic information about the child” …”to determine the child’s present levels of academic achievement and functional performance and determine the child’s educational needs.” “No single procedure shall be the sole criterion for determining an appropriate educational program for a child.” The program must take place in the Least Restrictive Environment for the child.

(20 USC §1412(a)(6)

What is "Special Education"?

“Specially designed instruction, at no cost the parents to meet the unique needs of a child with a disability”; specially designed instruction includes adapting the content, methodology, or delivery of instruction.

Multiple formal evaluations must be conducted to determine whether the child has a disability and requires special education through an IEP.

Who is a "child with a disability"?

(A) In General, [child with a disability] means a child -

(i) with mental retardation, hearing impairments, speech or language impairments, visual impairments serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments (including ADHD), or specific learning disabilities; and

(ii) who, by reason thereof, needs special education and related services

(B) Child Aged 3 through 9 with a disability may include a child –

(i)experiencing developmental delays, …in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and

(ii) who, by reason thereof, needs special education and related services

(20 USC §1401)(3) (A) (B))

What is a "Specific Learning Disability"?

A disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. 

Such conditions include: perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. It does not include: a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.”

(20 USC §1401) (30) (A)(B)(C)

Who creates the IEP?

The IEP TEAM is made up of the parents, general education teacher, a special education teacher, and other specialists as needed, including the staff who conducted the evaluation. The parents may invite any other person to support them at the meeting, including friends, family, educational or medical experts, advocates, or attorneys. 

What are there rules for creating the IEP?

“The IEP team shall consider:

•  the child’s strengths

• the parents’ concerns for enhancing their child’s education

• the present levels of academic achievement and related developmental needs of the child

• whether the child needs special education and related services

• whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum

• the results of the initial evaluation or most recent evaluation of the child

• the academic, developmental, and functional needs of the child”

• “Schools do not have to find a discrepancy between IQ and educational achievement to find a child eligible for special education services as a child with a specific learning disability”

(20 USC §1414(c)(1), (d)(3)(A))

“The IEP Must:

• Meet the child’s academic, development, and functional needs that result from the disability

• Enable the child to be involved in and progress in the general curriculum

• Meet each of the child’s other educational needs that result from the child’s disability”

• Be based on present levels of academic achievement and functional performance

• Include measurable annual goals to meet all your child’s needs that result from the disability; “Measurable IEP goals target the child’s unique needs. They do not describe the general education curriculum. They do not list what a child is expected to learn in every content area”.

• Enable your child to be involved and make progress in the general education curriculum

• Describe how the school will measure your child’s progress and how the school will inform you about progress

• Meet other educational and non-educational needs -- including supports and services in extra-curricular and other nonacademic activities

 (20 USC §1414(d)(1)(A))

If the child’s behavior prevents them or other children from learning, the IEP should include goals to address these problem behaviors.

(20 USC §1414(3)(B))

Parents are permitted to accept all, part, or none of a proposed IEP. “If you cannot agree on part of a proposed IEP, consider a trial period to implement parts of the IEP.” “If you do not consent to the IEP, write your concerns adjacent to your signature”.

Wright, Peter W. Wrightslaw: All about IEPs. Harbor House Law Press/Jan, 2010.

Sections of an IEP - Each must be addressed.

Least Restrictive Environment

The student's program placement must be in the Least Restrictive Environment for that child. Case law created a test to help the team figure what that placement might be. Placements are on a spectrum: regular classes, special classes, special schools, home instruction, instruction in hospitals and institutions, and any combination thereof.

What is the timeline between my request for an evaluation and implementation of an IEP?

Keep an accurate calendar of these dates - when did you send in your request, when did you send in your consent to test, etc.