IEPs Part 3 of 5: Development of IEPs and IEP Requirements

This is part 3 of 5 in a series of posts related to IEPs.  (Click for Parts 1 and 2.)

The IEP is a “written statement for each child with a disability that is developed, reviewed, and revised” pursuant to federal law.   For students identified as eligible for special education services, the IEP is the primary documentation that the student is receiving a “free, appropriate public education” as required by federal law.

Before getting into the required elements and substance of an IEP, it is important to emphasize that, by the time your child’s IEP is being written: (1) your child has been identified as potentially eligible for special education services; (2) the evaluation has been completed; and (3) eligibility has been determined (i.e., the student is a “child with a disability” under the IDEA).

But most importantly: Parents are part of the IEP team. This means that parents are entitled to sufficient notice of the IEP meeting, and the IEP meeting must take place at a time and place that is agreeable to the parent. In fact, if parents do not participate in the IEP team, the IEP will be written by the school.

The contents required for IEP are detailed in IDEA regulations, but the 12-page form used in Connecticut includes some additional elements.   (The State of Connecticut has provided a very helpful, annotated IEP form that walks through every page of the IEP form.)

1. Current Performance – A statement of present levels of educational and functional performance. This means the IEP must set forth the impact the student’s disability has on performance.

 

2. Goals – A statement of measurable educational goals “including academic and functional goals…” These must be tailored to the student and the impact of his or her disability.

 

3. Metrics and Measurement: A description of evaluation procedures and how and when performance will be measured. This includes performance benchmarks for students who have alternate assignments.

 

4. Support and services: A statement of special education, supplementary aids, and related services required for the student, including transportation and physical and vocational programs. In general, the goal is to enable the student to continue making academic progress; participate in extracurricular activities; and participate in activities with other students.

 

5. Participation: An explanation of the extent, if any, to which the student will not participate in regular class, curriculum, and extracurricular activities. To the extent possible, students should be able to learn with their peers.

 

6. Modifications and accommodations. A statement of individual accommodations that the student needs in order to measure achievement (e.g., why an alternative assessment is necessary and what alternative assessment will be used and why).

 

7. Dates/Schedule. The projected start and end date for services and modifications, and the frequency, duration and location of the services.

 

8. Post-secondary goals. For IEPs in effect when the student turns 16 years old, measurable post-secondary goals related to training, education, employment and, when appropriate, living skills.

For more information or to discuss your situation, please contact us at info@lalorattorneys.com.