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Individualized Education Program (IEP) FAMILY SERVICES Summary, Process and Pra

Individualized Education Program (IEP) FAMILY SERVICES Summary, Process and Practical Tips INDIVIDUALIZED EDUCATION PROGRAM © 2017 Autism Speaks Inc. Autism Speaks and Autism Speaks Design are registered trademarks owned by Autism Speaks Inc. All rights reserved. The use of unaffiliated representatives for endorsement, advertising, promotional and sales material is prohibited by law. Autism Speaks does not provide medical or legal advice or services. Rather, Autism Speaks provides general information about autism as a service to the community. The information provided in this email is not a recommendation, referral or endorsement of any resource, therapeutic method, or service provider and does not replace the advice of medical, legal or educational professionals. Autism Speaks has not validated and is not responsible for any information or services provided by third parties. You are urged to use independent judgment and request references when considering any resource associated with the provision of services related to autism. PREPARED BY INDIVIDUALIZED EDUCATION PROGRAM A Note from Goodwin Procter LLP This information was prepared as of August 19, 2011. This is not intended as legal advice. Answers to your questions and courses of action will depend not only on the federal laws referenced, but also on state and local laws, rules, regulations, customary practices, policies and procedures, and actual recommendations and courses of action will be based on your specific factual circumstances and locale. While this is intended to provide a general overview, you are strongly encouraged to speak with an experienced lawyer in your locale about your specific circumstances. A Note from Autism Speaks Individualized Education Programs play a critical role in ensuring that students with autism and other special needs have access to the education that they deserve and to which they are entitled. It is important to understand your rights, as well as the IEP process, to become the best advocate for your child’s education. And this guide is a great place to start! We want to thank the team of lawyers at Goodwin Procter LLP for their hard work in putting together this critical resource for families of students with special needs. We hope it provides you with much of the information you need to work with your school district to develop the best possible IEP for your child, so he or she can get the best possible education and achieve the best possible outcomes! As always, if you are looking for any additional information and resources on school-related topics and others, feel free to reach out to the Autism Speaks Autism Response Team at 888-288-4762 (en español 888-772-9050) or FamilyServices@AutismSpeaks.org. We are happy to help! INDIVIDUALIZED EDUCATION PROGRAM Table of Contents IEP Summary What is an IEP? What are the basic requirements for an IEP? 1 What is the process and timeline for developing an IEP for your child? 3 How can you be an effective participant in developing and managing your child’s IEP? 6 What resources are available to help you navigate the IEP process? 7 What can you do if you disagree with the IEP developed for your child or your child’s eligibility determination? 8 What can you do if you believe that the school district has not complied with its legal obligations to develop and administer your child’s IEP? 10 IEP Timeline Request an Evaluation 11 Prepare for an Evaluation 11 The Evaluation 12 Prepare for Initial IEP Meeting 12 Initial IEP Meeting 13 Review and Modify IEP 13 Monitor IEP 13 Annual IEP Meeting/Update 14 Periodic Re-Evaluation 14 Dispute IEP 14 Questions to Consider When Developing Your Child’s Draft IEP 15 Sample Request for Information Letter 16 Sample Request for Special Education Eligibility Letter 17 Helpful Websites 18 INDIVIDUALIZED EDUCATION PROGRAM 1 I. What is an IEP? What are the basic requirements for an IEP? a. Defining an IEP An individualized education program (“IEP”) is the process put in place under the Individuals with Disabilities Education Act1 (“IDEA”) to determine the programs and services that should be provided to meet the education needs of a child with disabilities. An IEP must be developed to address a child’s specific and unique needs and is not a “one size fits all” program. b. Understanding What the IDEA Requires Under the IDEA your child is entitled to a “free appropriate public education” in the “least restrictive environment.” A “free appropriate public education” may include placement in a mainstream and/or special education classroom at a public school with appropriate modifications or accommodations to meet a child’s specific needs, placement at a private school (at public expense, if your school district cannot provide an appropriate placement in a public school) and/or the provision of related services (such as speech, occupational therapy, physical therapy, counseling services, mobility services and/or transportation). In addition, the “least restrictive environment” requirement is intended to ensure that a child is not unnecessarily removed from non-disabled peers and is integrated into mainstream classroom environments (with appropriate modifica- tions and accommodations) to the extent possible. Generally, the IEP process is intended to allow you and the school district to determine what a “free appropriate public education” in the “least restrict environment” means for your child. If, at any time, you either disagree with the IEP developed for your child or you believe that the school district has not complied with its legal obligation under the IDEA (i.e., to provide your child with a “free appropriate public education” in the “least restrictive environment”) or Section 504 of the Rehabilitation Act of 1973,2 there are several remedies available for you to pursue. These remedies are discussed in further detail in Sections V and VI below. 1 20 U.S.C. § 1400, et seq. 2 Section 504 of the Rehabilitation Act of 1973 is a federal disability rights law that requires all agencies that receive federal financial assistance (e.g. school districts) to provide “access” to individuals with disabilities. In the context of a school district this generally requires that children with disabilities be provided with access to education with any necessary modifications. INDIVIDUALIZED EDUCATION PROGRAM 2 c. IEP Requirements Your child’s IEP should include: i. a description of your child’s current status in school in the areas of cognitive skills, linguistic ability, emotional behavior, social skills and behavior and physical ability; ii. an annual meeting to discuss your child’s needs and progress, unless you or the school district determine that changes to your child’s IEP are necessary prior to the next annual IEP meeting, in which case, you and the school district may either meet to update your child’s IEP or agree to modifications in writing; iii. a written plan developed based on those meetings, which should detail the (a) measurable annual academic and functional goals for your child, (b) appropriate instructional setting or placement for your child (including a particular school class or classroom setting), (c) related support services, such as developmental, corrective or supportive services, necessary for your child and the details of how such services will be provided (i.e., amount, duration, student to provider ratio and qualifications of provider), (d) any accommodations your child will receive for testing or other assessments, (e) a transition plan (if your child is entering high school or perhaps in connection with significant IEP changes), and (f) any other pertinent items, such as particular curriculum or methodology to be utilized; iv. a summary of how your child’s disability affects his or her participation in the general curriculum, how your child will be involved in the general curriculum, extracurricular and non- academic activities and with children with and without disabilities; v. how you will be regularly informed of your child’s progress; vi. your child’s participation in district or state- wide assessments of student achievement and any necessary modifications or accommodations; vii. transition services to be provided for your child once your child is 16 years old; and viii. how the school district will meet your child’s need for any assistive technology or any specific teaching methods or particular class subjects. d. Process Participants i. The following individuals should be involved in the IEP meetings: 1. you; 2. your child (if appropriate); 3. your child’s teacher (regular education and/or special education)3; 4. a representative of the school district4 who is qualified to provide or supervise your child’s special education and is knowledgeable about the general curriculum; 5. school specialists, if appropriate and your child’s school has such resources (e.g., school psychologist, speech or occupational therapist, communications therapist or physical education specialist); and 3 Either your child’s current teacher or teacher for the upcoming year should participate in any IEP meeting. You should note in your files if your child’s teacher does not participate. 4 The school district in which you reside has the ultimate responsibility for your child’s IEP. INDIVIDUALIZED EDUCATION PROGRAM 3 6. other participants as determined by you or the school, such as your child’s physician, your lawyer, the school’s evaluator or an outside independent evaluator you select. The mandatory attendees at the IEP will differ from state to state. ii. Any of the individuals listed above may uploads/s1/ iep-guide.pdf