This post is part four in a series of five discussing Individualized Education Programs (IEPs) in Connecticut.  Our prior posts in this series introduced IEPs (Part 1) and discussed the differences between IEPs and 504(b) plans, and the development of the IEP documents (Parts 2 and 3).

This post discusses issues that can arise in connection with implementation of IEPs, i.e., after the IEP document is completed.

It seems worth repeating that your child’s IEP is the written plan that is developed by a PPT that sets forth the educational program for his or her special education services on an individual basis.  In effect, the IEP document is the backbone of the special education services that will be provided to the student.  While the IEP document is obviously critical, is important to remember that the IEP is intended to be a “working document” of sorts.

Parents certainly should see that their child receives the right services, but when disagreements arise, as they routinely do, good faith collaboration and communication is usually the most productive way to start addressing them. Here are some specific points for parents to keep in mind:

Progress reports:  IEPs should set forth how parents will be provided updates on the student’s progress.  IEP-related updates must be provided at least as frequently as other, general education students receive updates. The progress reports are important: completing an IEP is obviously a milestone, but it is not the end of the process. Parents should remain actively involved how the school is meeting its obligation to provide the special education and related services outlined in the IEP.  Progress reports, in particular the first report following the beginning of school or after the IEP is created, are very important.  If the first report indicates any reason for concern, parents should communicate with the school promptly.

Services Provided.  Parents may disagree with how services are being provided to the student and what services are being provided. The law provides parents with the right to challenge a school’s decisions related to specific services to be provided to the student in implementing the IEP.  The law also provides formal mediation and due process to the extent informal discussions are not successful.  But this is worth repeating: Whether related to specific issues related to the student or more regular implementation issues, the key for both parents and the school is keeping up good faith, adequate communication. This sounds simple and easy, but it frequently is not so.

Revisions and Annual Updates: Parents can also request an IEP meeting at any time to discuss potential revisions to an IEP, but the IEP document must be reviewed at least annually.  This means that the IEP team will convene in person to review the student’s current situation and whether the IEP is sufficiently addressing the special education needs identified in the IEP document. That meeting should include a discussion of whether the student is meeting stated goals and consider new information and changes in the student’s situation to determine whether the IEP should be revised.  The discussion of any revisions should account for the student’s particular strengths, parents’ input about how to improve the child’s education, and results of evaluation and testing since the last IEP.

For parents, nothing is “routine” about how an IEP is implemented. That said, most districts US Department of Education website provides good suggestions:

  • Every individual involved in providing services to the student should know and understand his or her responsibilities for carrying out the IEP….
  • Teamwork plays an important part in carrying out the IEP. Many professionals are likely to be involved in providing services and supports to the student. Sharing expertise and insights can help make everyone’s job a lot easier and can certainly improve results for students with disabilities….
  • Communication between home and school is also important. Parents can share information about what is happening at home and build upon what the child is learning at school. If the child is having difficulty at school, parents may be able to offer insight or help the school explore possible reasons as well as possible solutions.
  • It is helpful to have someone in charge of coordinating and monitoring the services the student receives. In addition to special education, the student may be receiving any number of related services. Many people may be involved in delivering those services. Having a person in charge of overseeing that services are being delivered as planned can help ensure that the IEP is being carried out appropriately.
  • The regular progress reports that the law requires will help parents and schools monitor the child’s progress toward his or her annual goals. It is important to know if the child is not making the progress expected-or if he or she has progressed much faster than expected. Together, parents and school personnel can then address the child’s needs as those needs become evident.

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The opinions expressed are solely those of the author(s).  This content is provided as background and does not constitute legal advice.

For more information or to schedule a consultation, please contact us.

Law Offices of William P. Lalor
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