THE IEP AND ITS REQUIRED CONTENTS
The IEP is the most important aspect of your child’s education. It creates the framework for their education.
Specially Designed Instruction.
An IEP must offer instruction “specially designed” to meet a child’s “unique needs” and be constructed after careful consideration of the child’s present levels of achievement, disability, and potential for growth. (Endrew F. v. Douglas County Sch. Dist. RE-1, 69 IDELR 174 (US 2017))
The IEP is the guide to your child’s program for you and the school. An IEP must be convened at minimum once per year and must always be in place at the start of your child’s school year. It includes your child’s present levels of skills, information on behavior and social skills, goals across their areas of need, necessary related services, ESY, and a transition plan beginning at age sixteen to ensure they are prepared for the phase after high school.
The IEP must be an “individualized” and unique plan that is specifically designed for your child. It must designate the specialized instruction that will be provided to your child in each area of his or her need. A school cannot have a one-size-fits-all document or simply provide your child what they are providing to all the others.
In different states IEP meetings can have different titles, but the document that is being developed is still the IEP. For instance, in Texas IEP meetings are called ARD meetings. ARD is an acronym for Admission, Review, and Dismissal. In Indiana, they are called Case Conference Committees or CCC meetings. These are all IEP meetings.
The Components of the Individualized Education Program
34 CFR 300.320 and 20 U.S.C. 1414 (d)(1)(A) and (d)(6))
A statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general education curriculum or for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities. Present levels of Performance (PLP) or (PLOP) is where the child is performing “presently” academically and functionally. Present means “in the moment” or “at the current time.” It does not mean where they were at some point in the past or where we hope they will be at some point in the future. It does not mean where we speculate that they are based on their age or star sign. Present levels of performance should be interpreted the same way as the scale in the bathroom this morning. For more on understanding present levels of performance click here:
A statement of measurable annual goals, including academic and functional goals designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and(B) Meet each of the child's other educational needs that result from the child's disability;(ii) For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives. First, measurable – the goal needs to be objective enough that is can be measured by empirical means. This means by a test or assessment of some type. Second, annual, the goal should be developed based on where we expect with appropriate and specialized instruction your child will be in 12 months from today. Third, a goal is where we want to head realistically. It should be realistic. These goals must meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress, based on their level and abilities, based on the general education curriculum. For more on understanding measurable annual goals click here:
A description of how the child's progress toward meeting the annual goals will be measured; and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided. IDEA doesn’t only require progress reports, it also requires within the IEP a description of how the child’s progress toward meeting the annual goals will be measured and when periodic reports on the child’s progress toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided. For more on understanding progress click here:
A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals and be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and nondisabled children in the activities described in this section. The IEP should have a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals, to be involved in and make progress in the general education curriculum, to participate in extracurricular and other nonacademic activities, and to be educated and participate with other children with disabilities and nondisabled children in activities. For more on understanding specialized instruction click here:
An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities. The least restrictive environment (LRE) and the placement of a student is such a large area of law that it has its own chapter as well. It is important for you to truly understand the continuum of placements available to your child, from the general education classroom all the way to the residential placement. Under IDEA, your child’s IEP must contain an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in activities. The definition of LRE in the IDEA is “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” 20 USC 1412 (a)(5). For more information on understanding the Least Restrictive Environment click here:
A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments. If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why the child cannot participate in the regular assessment; and the particular alternate assessment selected is appropriate for the child. IDEA requires a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child. Basically, this means that your child’s IEP must simply list the necessary accommodations your child needs in school and on standardized testing. For more information on appropriate accommodations click here:
The projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of those services and modifications. The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications, should also be addressed in the IEP. If your child needs twenty minutes per week of speech therapy, this should clearly be provided in the services section of your child’s IEP. The direct and consultation-based services should also clearly be covered and outlined.
Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and the transition services (including courses of study) needed to assist the child in reaching those goals. Beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP must include appropriate, measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services (including courses of study) needed to assist the child in reaching those goals. For more information on transition plans click here:
The Required IEP Team.
34 CFR 300.321 and 20 U.S.C. 1414 (d)(1)(B)-(d)(1)(D)
The public agency must ensure that the IEP Team for each child with a disability include:
(1) The parents of the child;
(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
(4) A representative of the public agency who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; Is knowledgeable about the general education curriculum; and Is knowledgeable about the availability of resources of the public agency.
(5) An individual who can interpret the instructional implications of evaluation results;
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
(8) Transition services participants. The public agency must invite a child with a disability to attend the child's IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under § 300.320(b). If the child does not attend the IEP Team meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered.
The IEP Meeting Agenda
IEP meetings can range from an hour and a half to six hours depending on the complexity of the student’s needs. Long meetings often are not productive and can be the result of a failure to plan for the meeting by the school and/or the parent. Many schools will provide parents with an agenda or outline at the time of the IEP meeting. It can be different in different states but generally goes as follows:
Introductions
Present levels, including strength and weaknesses, and clear academic and functional
Behavioral concerns and data (if applicable)
Evaluation Information
Goals and objectives
Related services
Time and duration of services
Accommodations
Transition services (students sixteen and older)
Placement (from general education to residential or homebound)
Extended School Year (ESY) Services
Transportation
Signing the IEP
Your child’s IEP is your contract with the school. Just as with any contract-signing, the IEP should be a process in which you have not only worked with the school but also done your own homework. Always take home your child’s IEP and remember you do not have to sign it the day that it is written. If you do not agree with the IEP and it changes your child’s placement you may have limited time to challenge it. In that situation it is important that you consult with an advocate or an attorney as you may need to file a Due Process to invoke Stay Put to keep your child’s last agreed upon placement.
For more information on Stay-Put and Changes in Placement click here:
Before signing your child’s IEP, you need to ask yourself:
Do I feel fully informed as to my child’s present level of performance?
Do I understand the goals for my child and are these goals:
Realistic? Measurable? Intended to help my child properly progress in his or her areas of need?
Is my child’s education plan the appropriate plan for them?
What types of learning techniques does it include—and do I understand these techniques?
Who will be working with my child, and are they trained?
Will my child have a one-to-one aide? If so, is that individual trained?
How many hours per day will my child be in a general education classroom? Is this the right placement for them?
What other types of assistance is the school going to provide to ensure my child’s progress?
Frequently Asked Questions About the IEP Meeting
I am a single parent, and I cannot get enough time off work during the day to make it to my child’s school and back to attend the conference. Are there any alternatives?
Yes. However, it is important to remember that these meetings usually only happen once per year, and if at all possible, you should plan ahead and schedule the meeting on a day when you can attend. In the alternative, if you cannot attend the meeting in person, the school must offer other methods to ensure parent participation, including individual or conference telephone calls. Many parents will work with the school to schedule the conference during their lunch break and then have the meeting at that time by teleconference. Please remember that you do not need to have the entire meeting at that time; you can have the meeting in several parts to ensure that all aspects of your child’s IEP are addressed. 20 USC 1414(d)(1)(B)(i).
Can a teacher or other IEP team member ever leave an IEP conference?
Yes, if they have been expressly granted written permission by the parent at the beginning of the meeting and it is agreed upon by the case conference committee. In some situations, the parent will sign a note that is placed in the IEP notes giving a specific teacher permission to leave the IEP conference after they have provided the information they feel is necessary to development of the child’s IEP. 20 USC 1414(d)(1)(B)-(d)(1)(D).
Are there situations where a school can bar someone that the parents want to attend?
Yes. In a situation in which the parents wish to bring in an outside party who would be disruptive and truly does not provide additional information, the school may request that they not attend. It is important to note that this is very rare and only done in situations where, for instance, the school believes that the additional party might be prone to violence, intimidation, or other inappropriate tactics. 20 USC 1414(d)(1)(B)(i).
If a child’s teachers and parents all agree about changes to the IEP after the annual IEP team meeting, do we have to have another full IEP meeting to make these changes?
No. In making changes to a child’s IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes and instead may develop a written document to amend or modify the child’s current IEP. 20 USC 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(8), and (7); and 1414(e).
Who gets copies of the IEP?
Any educator within the school who needs it to ensure that the goals and objectives are being employed and worked on daily. The school must ensure that the child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation.
What about teachers who didn’t attend the IEP conference? Who informs them of their responsibilities?
The law requires that each teacher and provider who is to provide services in accordance with the IEP be informed of their specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. In different states there are different responsible parties, in most states the responsibility remains with the Teacher of Record (TOR). The TOR must share the IEP with all of the teachers working with the student and ensure everyone knows and follows the IEP.
In developing a child’s IEP, what must the IEP team consider?
At each IEP conference, the school must consider all available information prior to developing the IEP. This information includes: 1) the strengths and weakness of the child, 2) the concerns of the parents for enhancing the education of their child, 3) the results of the initial or most recent evaluation of the child and the progress of the child toward their goals, 4) the academic, developmental, and functional needs of the child, and 5) other special factors that warrant consideration.
Can a school ever have an IEP meeting without a parent or guardian present?
Yes. A meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend. In this case, the school district must keep a record of its attempts to arrange a mutually agreed on time and place, such as: 1) detailed records of telephone calls made or attempted and the results of those calls, 2) copies of correspondence sent to the parents and any responses received, and 3) detailed records of visits made to the parent’s home or place of employment and the results of those visits. 20 USC 1414(d)(1)(B)(i). The school must go to great lengths to attempt contact with the parents.
Every time we have a case conference, teachers come and go without asking me permission or at times even participating. The school says they are participating because they provide information as to their services before leaving. Can they do this?
No. By law a case conference is to be made of the IEP team and each member is to stay the duration of the meeting and participate to create the specific and individualized IEP designed for that child. The excusals must be consented to by you and it is important that you have a group formulating a plan. Excusing a history teacher who is there as the general education teacher when developing an IEP for a child with reading disabilities is problematic. A parent has every right to discuss the child’s struggles in the general education and ask how general education teachers can provide accommodation and instruction. This is why there is the requirement for all of the different team members to attend unless otherwise excused.
Are parents’ equal participants at the IEP conference?
Yes. In fact, parents in my view are the most important participants at the IEP conference. An IEP cannot be finalized without parental approval and acceptance. Furthermore, a parent has the ability to revoke an IEP at any time and request a new meeting. However, with that ability comes responsibilities to properly prepare for IEP conferences and to fully participate in them. The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child. 20 USC 1414(e), 1415(b)(1).
My school fails to allow me as a parent to participate in the conference. If I make a suggestion, they tend to ignore it or attempt to persuade me otherwise. In most conferences, even if the issue isn’t resolved, they push through and disregard my concerns, questions, and requests. Can they do this?
Absolutely not. The IEP team must allow the parent full participation and decision-making ability. Failure to allow a parent to fully participate may constitute a violation of FAPE and entitle your child to additional services, compensatory services, and attorney fees in pursuit of these items.
How often can I have an IEP meeting?
As often as needed and necessary. I think having two a year—if they are concise and everyone is prepared—can be extremely helpful. The law requires one per year at a minimum. If parents and schools are prepared and ready, they can be focused and productive while not necessitating hours of time. That said if your child has needs that change, there is new information, or there are other concerns, do not
At my child’s case conferences, the general education teacher never attends. Are these valid conferences?
No. However, this may not rise to the level of a denial of FAPE. By law, each of the listed participates must attend. In the situations where they don’t attend, or simply show up for a few minutes and leave, the school is violating both state and federal law. Now, it is important to know that a member of the IEP Team is not required to attend an IEP Team meeting if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. A member of the IEP Team may also be excused from attending an IEP Team meeting when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if—(i) The parent, in writing, and the public agency consent to the excusal; and(ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. See: 20 U.S.C. 1414 (d)(1)(B)-(d)(1)(D)
I brought a “parent-advocate” with us to our child’s meeting and the school refused to allow them to participate in the meeting. The principal said that they didn’t feel that this individual could provide “specific” information as to our child. Can the principal do this?
No. The law requires that at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel, may attend. If you believe that a parent advocate will assist you in the meeting, the school cannot bar their attendance. Likewise, they cannot bar the attendance of grandparents, your child’s private psychologist or pediatrician, or other “experts.” 20 USC 1414(d)(1)(B)(i).
If both the parents and teachers agree as to an amendment or addition to the IEP, can this be done with a written document as well rather than a full IEP conference?
Yes. Changes to the IEP after the annual IEP team meeting may be made either by the entire IEP Team at an IEP Team meeting or by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. 20 USC 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e).
My husband does not speak English very well, and he is going to be attending the IEP conference. Can we request an interpreter?
Yes. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. 20 USC 1414(d)(1)(B)(i).
I have had several meetings with my child’s teachers, and in one case alterations to the IEP resulted. Can these informal meetings be considered an IEP conference?
An IEP meeting does not include informal or unscheduled conversations involving school personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
What are some “special factors” that warrant discussion?
Special factors include behavior, impairments such as deafness, blindness, or limited English proficiency. For instance, when behavior impedes the child’s learning or that of others, the IEP team must discuss and consider the use of positive behavioral interventions and supports, as well as other strategies to address behavior. One consideration is whether the child needs a functional behavior assessment (FBA), which must be done prior to creating a behavior intervention plan (BIP).
With factors such as deafness and blindness, the team would need to discuss the use of assistive technology, braille books, audio books, and other necessary accommodations. The present needs, future needs, and available services would need to be discussed. Likewise, in the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP.