Developing Your Child’s IEP – A Parent’s Guide · NICHCY: 1.800.695.0285 2 Developing Your...

NICHCY: http://nichcy.org 1 Developing Your Child’s IEP

DevelopingYour Child’s IEP

Being a parent is the most wonderful—and hardest—job inthe world. If you have a child with special needs, your job isno less wonderful, but it can be more complicated.

Your child’s education is most likely an area of great interestto you. As a child with a disability, he or she may be eligiblefor special education services in school. If so, then it will beimportant for you to learn:

• more about special education;

• how special education services can support your child; and

• what part you can play in the special education process.

The good news is that there’s a lot of information availablefor parents.1 This guide can help you learn what you need toknow. It explains the basics of the special education processand gives you information on how to be an effective partnerwith your child’s school.

Thanks to a powerful and important federal law called theIndividuals with Disabilities Education Act, or IDEA, childrenwith disabilities are entitled to a “free appropriate public

America’s future

walks through the

doors of our

schools every day.

—Mary Jean LeTendre

1825 Connecticut AvenueWashington, DC 20009

1.800.695.0285(V/TTY)

nichcy@fhi360orghttp://nichcy.org

April 2009

A Parent’s Guide

National Dissemination Center for Children with Disabilities

NICHCY: 1.800.695.0285 2 Developing Your Child’s IEP

education” (often called FAPE).2

This means that schools mustprovide eligible children whohave a disability3 with speciallydesigned instruction to meettheir unique needs at no costto the children’s parents. Thisspecially designed instructionis known as special education.4

IDEA includes a great deal ofinformation to help statesdesign special educationprograms for children withdisabilities. IDEA also includesregulations to protect the rights of parents and children.5

Getting to know IDEA will be very useful to you,because it is the basis of your child’s educational rights.Detailed information is available on the official IDEA siteestablished by the Department of Education, at: http://idea.ed.gov. NICHCY can also help you learn about thislaw. We have many publications that explain IDEA’srequirements. Some publications are short, others gointo detail. All are available on our Web site—http://nichcy.org

It’s also helpful for you to know the policies of yourstate and local school district. These must be based on,

and consistent with, IDEA’sminimum requirements, butthey often spell out importantdetails about procedures andguidelines in your area. Callor write your state depart-ment of education (or yourlocal school district) and askfor a copy of your state (orlocal) special educationregulations. There may alsobe a special educationhandbook or parent guideavailable from your state or

local district. You can find contact informa-tion for your state department of educationon NICHCY’s website, at: http://nichcy.org/state-organization-search-by-state

One of the most important parts of thespecial education process is creating a planfor your child’s education. This plan iscalled the Individualized EducationProgram, or the IEP.6 The IEP is thefoundation for your child’s education, andyou are a very important member of theteam that develops it. Your child’s IEP liststhe special education services your childwill receive, based upon his or herindividual needs. This is why it is soimportant that you understand and helpdevelop your child’s IEP.

1 “Parent” includes anyone who is legally responsible for the care and well-being of a child.This can be a guardian, grandparent, stepparent, surrogate parent, foster parent, or natural oradoptive parent. IDEA defines “parent” at 34 CFR §300.30.

2 34 CFR §300.17—Free appropriate public education.3 34 CFR §300.8—Child with a disability.4 34 CFR §300.39—Special education.5 34 CFR §§300.500 - 300.537, which contain IDEA’s procedural safeguards.6 34 CFR §§300.320 - 300.328—Individualized Education Programs.7 34 CFR §300.322, §300.323, and §300.501(b)—Parent participation; When IEPs must be ineffect; Parent participation in meetings, respectively.

Tableof Contents

A. The IEP Process . . . . . . 3

B. The IEP Document. . . . . . 9

C: Deciding Your Child’sPlacement . . . . . . . . . 21

D. Participating in the IEPMeeting . . . . . . . . . . . 23


his or her needs and strengths, and what type ofeducational program would be appropriate. Youshould feel free to ask questions and offersuggestions. You will also want to feel comfortablethat the team has spent enough time talking andplanning before filling out the various sections ofthe IEP. We’ll tell you more about what to expect inthis guide.

2. Where and when do IEP meetingstake place?

You and the school agree on where and when tohave the IEP meeting. Usually, meetings are held atschool during regularstaff time. This meansthe meeting canhappen before,during, or after theregular school day. Bylaw,7 the school musttell you in writing:

• the purpose of themeeting;

If you’ve never helped to developan IEP before, the information we’veincluded in this guide may seemoverwhelming. It helps to think ofthe IEP both as a process and as adocument to be written.Understand the process one stepat a time—it has many parts.Learn the process of writing thedocument the same way. It, too,has many parts.

You will quickly become familiarwith all the steps to writing an IEP.If your child continues to receivespecial education each year, you willsoon become an IEP expert yourself!

1. What’s involved in developingmy child’s IEP?

Developing your child’s IEP involves two mainthings:

(1) the IEP meeting(s), where you, your child (attimes), and school staff members together decideon an educational program for your son ordaughter; and

(2) the IEP document, which puts the decisionsfrom that meeting in writing. Among other things,this document lists the services and supports yourchild will receive.

The entire IEP process is a way for you and theschool to talk about your child’s needs and to createa plan to meet those needs. Let’s look at the process,starting with the IEP meeting.

The IEP meeting is somewhat formal. By law,certain people must attend. People sign in to showwho is there. Lots of papers are looked at andpassed around. People will talk about your child,

A. The IEP Process

§ Special Symbols in This Issue §

As you read the explanations about IDEA, you will findfootnotes pointing you to specific sections of the Federalregulations, such as §300.320. You can use these referencesto locate the precise sections in the Federal regulations thataddress the issue being discussed. For example, a footnoterefers you to §300.320 when the topic being discussed is“content of the IEP.” (The § symbol means “section.” The34 CFR refers to Title 34 in the Code of Federal Regulations.)This reference tells you that, to read the exact words IDEAuses to describe the content of an IEP, you would lookunder Section 300.320 in IDEA’s regulations. Theregulations can be searched online or downloaded from:

http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2C


4. Who attends the IEP meeting?

Under IDEA, certain people (listed next) must bepart of the IEP team.9 It is important to note thatthere doesn’t have to be a different person for everyrole. Often, one person carries more than oneresponsibility on the team.

✓ You, as Parent(s)

✓ School Administrator—a member of theschool district who knows about the generaleducation curriculum (the same curriculum taughtto children who do not have disabilities) and theresources available to the school. This person mustalso be qualified to provide or supervise specialeducation services.

✓ General Education Teacher—at least onegeneral education teacher, if your child is (or maybe) participating in the general education class.

✓ Special Education Teacher—at least one ofyour child’s special education teachers or, ifappropriate, at least one special education providerwho works with your child.

✓ Evaluation Personnel—someone who knowsabout your child’s evaluation, what the evaluationresults were, and what the results mean in terms ofinstruction. This could be a school psychologist, anadministrator, or one of your child’s teachers.

✓ Your Child—if the IEP team will be talkingabout how to prepare your child for life after highschool (called transition planning10), your child must

be invited to the meeting. Otherwise, decidingwhen and how your child will participate in

the IEP meeting is a decision you and yourchild can make. Students are encouraged totake part in developing their own IEPs.Some students in elementary school cometo the meeting just to learn a little aboutthe process or to share information aboutthemselves. As students get older, they takea more active role.

• the time and place for themeeting;

• who will be there; and

• that you may invite otherpeople who have knowledge

or special expertise aboutyour child to the meeting.

Also—

• The school must hold the meeting to developyour child’s IEP within 30 calendar days ofwhen your child is found eligible for specialeducation services.

• You must agree to the program, in writing,before the school may carry out your child’sfirst IEP.

• The IEP must be reviewed at least once every12 months and revised as necessary.

It may take more than one meeting to write acomplete IEP. If you find more time is needed, askthe team to schedule another meeting.

You may ask for an IEP meeting at any time, ifyou feel that changes need to be made to yourchild’s educational program. Some teams like tomeet near the end of a grading period to talk aboutthe student’s progress and to make changes to theIEP, as needed.

3. Does the IEP meetinghave to be in person?

No. When holding an IEP meeting,you and the school may agree to useother means of participation. Forexample, some members mayparticipate by video conference orconference calls.8


Other members of the team11

In addition to the peoplelisted above, you and the schoolcan invite other people to theIEP meeting. This can include:

✓ Translators or interpreters—IfEnglish is not your first language, or if youcommunicate by using sign language or in anothermode, the law says the school must provide aninterpreter, if you ask for one.

✓ Transition personnel—If the IEP meeting willinclude planning for your child’s life after highschool, staff from outside agencies may be invitedto attend with your consent. This is especiallyimportant if an outside agency may be responsiblefor providing or paying for transition services. Anexample of such an agency might be theDepartment of Vocational Rehabilitation.

✓ Others with knowledge or special expertiseabout your child—Many parents find it helpful tohave a support person at the IEP meeting. This maybe another parent, a friend, an advocate, or aconsultant. Others could include student friends,specialists, tutors, educational consultants, orschool staff. It can also include therapists or other

related services personnel whowork with your child. Both

you and the school havethe right to invite suchindividuals to join theteam.

5. What do different teammembers bring to the IEPprocess?

As you can see, there can bemany people on an IEP team.

While everyone shares in thediscussion, you will find that each

brings his or her own point of view andexperience. Let’s look at what each person mightadd to your child’s IEP.

The Special Education Teacher

Your child’s special education teacher is aspecialist about disabilities and individualizedinstruction. He or she understands how and whento use different teaching styles and instructionalmethods to meet your child’s needs. Usually, thespecial education teacher—

• has been involved in your child’s evaluation;

• understands the results; and

• can explain and interpret the results.

The special educator can talk about how lessonsmay need to be adapted or modified to help yourchild learn. He or she may also talk about thesupports and supplementary aids your child mayneed to fully participate in learning and otherschool activities, such as assistive technology, aninstructional assistant, or peer buddy. The specialeducator may take the lead in developing yourchild’s goals, focusing on those areas where your

8 34 CRF §300.328—Alternate means of participation.

9 34 CFR §300.321—IEP team.

10 34 CFR §300.43(a)(1)—Transition services. A coordinated set of activitiesfor a student with a disability designed to promote movement from school topostschool activities, including postsecondary education, vocational training,integrated or supported employment, continuing and adult education, adultservices, independent living, or community participation.

11 34 CFR §300.321—IEP team.


child has special instructional needs. In manyschools, the special educator also makes sure thatall the people who help your child follow the planwritten in the IEP.

The General Education Teacher

The general education teacher knows the curricu-lum for your child’s grade level and what studentsin general education classes are typically expectedto do. If your child is going to be educated in the

general educationclassroom for any part

of the school day,then the general

education teacherwill talk aboutwhat your childwill be taught andexpected to learn.He or she may alsotalk about any

supports, changes, and services your child needs tobe successful. The general education teacher mayalso tell the rest of the team what he or she needsto help your child understand the general educa-tion curriculum and achieve the goals listed in theIEP.

The Parent(s)

As a parent, you bring very importantinformation to the IEP meeting. You know yourchild’s strengths and weaknesses and all the littledifferences that make your child unique. Yourknowledge can help the team develop an IEP thatwill work best for your child. Tell the team whatgoals are most important to you and to your child.Also share your concerns and give insights aboutyour child’s interests, likes and dislikes, and learn-ing styles. By being an active IEP team member youcan ensure that your child’s IEP is developed withthought given to long-term needs for a successfuladult life.

Your job at the IEP meeting is to:

• learn and understand the process;

• share information;

• ask questions;

• offer suggestions;

• keep the team’s focus on “the big picture” andyour child’s long-term needs; and

• speak up on your child’s behalf.

Being actively involved in your child’s IEP is yourchoice. To help you participate, the school mustmake reasonable efforts to:

• schedule the IEP meeting so you can come;12

• provide an interpreter for you, if needed;13

• inform you about the meeting;14 and

• inform you of your rights and where to findhelp in understanding them.15

If you can’t attend the meeting where your child’sIEP is developed, the school will need to use otherways to ensure you can participate, includingindividual or conference telephone calls or video-conferencing.16 However, if you decide not toparticipate in writing your child’s IEP, the schoolcan hold the IEP meeting without you.17 It may

12 §300.322(a)—Parent participation: Publicagency responsibility—general.

13 §300.322(e)—Parent participation: Use ofinterpreters or other action, as appropriate.

14 §300.322(b)—Parent participation:Information provided to parents.

15 §300.503(b)—Prior written notice by the publicagency; content of notice: Content of notice.

16 §300.322(c)—Parent participation: Othermethods to ensure parent participation.

17 §300.322(d)—Parent participation: Conductingan IEP meeting without a parent in attendance.


not provide initial services to yourchild, however, without yourconsent.18

Your Child

When your child participatesin the IEP meeting, it can have apowerful effect. Just having yourchild at the meeting can make theIEP process come more alive.Requests and suggestions that comedirectly from your child can carrymore weight than when you voicethem. Many parents are sometimes surprised whenthey hear their children speak about their disabil-ity, their educational desires, and their goals for thefuture. And sometimes teachers learn things abouttheir students that they didn’t know before.

Depending on your child’s age and ability, therole he or she plays as an IEP team member can beas broad as your own or limited to what you andyour child feel most comfortable with. When yourchild is part of the IEP process, the program can bemuch more worthwhile to him or her, instead ofsomething to put up with. Taking part in IEPmeetings also helps your child learn to speak upfor him or herself and develop valuable self-advocacy skills.

The Administrator

The administrator at the IEP must know whatresources the school has available. This personmust also have the power to commit the resourcesneeded so that services can be provided as outlinedin your child’s IEP.

6. What happens at the IEP meeting?19

At the IEP meeting the team will develop, review,and/or revise the IEP document. You and the otherteam members will work to create an IEP that iseducationally appropriate and that the team canagree on. Before the meeting, school staff usuallywrite down their ideas of what needs to be in yourchild’s IEP. It’s a good idea for you to jot down

what is most important to you. Youcan share these ideas with othermembers of the team before themeeting, if you wish. You can alsoask the school to send you draftideas, so you can look them overbefore meeting. Team members

can also get copies of your child’srecent tests or evaluations.

During the meeting, each persontakes a turn in the discussion. The

discussion will include talking about:

• your child’s strengths;

• your concerns for enhancing your child’seducation;

• the results of the most recent evaluation of yourchild; and

• your child’s academic, developmental, andfunctional needs.

The team will also talk about what is sometimesreferred to as “special factors”20 or “special consid-erations,” asking and answering the followingquestions:

• Does your child have communication needs?

• Does your child need assistive technologyservices and devices?21

• Does your child’s behavior interfere with his orher learning or the learning of others?

18 34 CFR §300.300(b)—Parental consent:Parental consent for services.

19 34 CFR §300.324—Development, review,and revision of IEP.

20 34 CFR §300.324(a)(2)—Consideration ofspecial factors.

21 34 CFR §§300.5 and 300.6—Assistivetechnology device; Assistive technologyservice, respectively.


It’s a good idea to share your ideas as the meetinggoes along. As a parent, you are an equal memberof the IEP team and an expert on your child. If youhave questions or concerns, speak up. Ask for moreinformation or an explanation if you need it. If youdisagree with something you hear, respectfully sayso. Explain why, or offer your point of view. TheIEP meeting is a conversation and a dialogue. Youand the other IEP team members are putting yourheads together to design an effective program foryour child. The main purpose of the meeting is toagree on each part of the IEP so that the documentcan be written and services can start.

7. May a member of the IEP team be excusedfrom attending an IEP meeting?

Yes, in certain circumstances some members ofthe IEP may be excused from attending an IEPmeeting.23 However, you and the school must agreein writing to excuse the member. An IEP teammember may be excused from an IEP meeting ifthe member’s area of curriculum or related serviceis not going to be discussed or modified at themeeting, assuming you and the school agreed inwriting. Also, an IEP team member whose area of

expertise is going to be discussedmay be excused if the membergives written input into develop-ing the IEP to you and to othermembers of the IEP team beforethe IEP meeting. Again, you andthe school must agree in writingto excuse the member of the IEP

team.

• Does your child have a visual impairment andneed instruction in or the use of Braille?

• Is your child deaf or hard of hearing and havelanguage and other communication needs?

• Does your child have language needs related tohis or her IEP, because of limited Englishproficiency?22

If the answer to any of these questions is “yes,”the team will talk about what your child needs andinclude this information in the IEP.

Usually, your child’s main teacher goes first. Ifyour child is already receiving special educationservices, this will probably be the special educationteacher. If the meeting is to write your child’s firstIEP, then this person may be the general educationteacher. The teacher begins with how your child isdoing in school. He or she will describe yourchild’s strengths and needs and how the disabilityaffects your child throughout the school day. Thenspecialists, like a physical therapist or a speechtherapist, will discuss how your child is doing inthese areas. They will talk about your child’s needsand how they plan to support your child’seducation. Goals for the year, relatedservices, and all of the required partsof the IEP will be talked about anddecided.

22 34 CFR §300.27—Limited English proficiency.

23 34 CFR §300.321(e)—IEP Team: IEP Teamattendance.

24 34 CFR §300.320—Definition of individualized educationprogram.

25 34 CFR §§300.320(c) and 300.520—Definition of individualizededucation program; and Transfer of parental rights at age ofmajority, respectively.


B. The IEP Document

8. What is in the IEP?

In each state or school district the IEP form canlook different. Under IDEA, the items below mustbe in every IEP.24 We’ll be discussing each one indetail.

• Your child’s present levels of academicachievement and functional performance;

• Annual goals for your child;

• How your child’s progress will be measured;

• The special education, related services, andsupplementary aids and services that will beprovided to (or on behalf of) your child,including program modifications or supportsfor school staff;

• An explanation of the extent (if any) to whichyour child will not participate with childrenwithout disabilities in the regular class and inschool activities;

• Any modifications your child will need whentaking state or district-wide assessments;

• The dates when services will begin and end, theamount of services, as well as how often andwhere they will take place;

• How and when you will be informed of yourchild’s progress;

• By age 16 (or younger, if the IEP team sodecides), postsecondary goals and the transitionservices (including courses of study) that yourchild will need to reach those goals;

• Beginning at least one year before your childreaches the age of adulthood (usually 18-21,depending on your state law), the IEP mustinclude a statement that your child has beeninformed of any rights that will transfer to himor her upon reaching this age. Reaching the ageof adulthood is called the “age of majority” in

IDEA.25 Not all states transfer rights uponreaching adulthood. Refer to your state’s specialeducation regulations to find out how this issueis handled.

Each one of the items above isdiscussed during the meetingand filled in on the IEPform. Let’s take a closerlook at each of these.

Present Levels of Academic Achievement andFunctional Performance

This section of the IEP describes how your childis doing in school, based on current information.“Current” information usually means informationno more than a year old. The present levels ofacademic achievement and functional performancestatement (commonly called “present levels”)should cover all areas of development where yourchild may need support. Some examples are:

• Academic skills—math, reading, writing

• Daily living or self-help skills—dressing, eating,using the bathroom

• Social skills—making friends

• Behavior

• Sensory skills—hearing, seeing

• Communication skills—talking

• Mobility—getting around in school and thecommunity

• Vocational skills—working

Also included in the present levels statement isinformation about how your child’s disabilityaffects his or her involvement in the general educa-

1


tion curriculum. (If your child is preschool age, theteam will focus on how the disability affects his orher involvement in typical preschool activities anddevelopment.) In other words, you and the rest ofthe team will talk about the impact your child’sdisability has on his or her ability to learn and dothe kinds of things that children withoutdisabilities learn and do. This information is thenincluded in the IEP.

Where does the information for your child’spresent levels come from? If your child is new tospecial education, this information will come fromthe tests and observations done during your child’sevaluation for eligibility. If your child’s IEP is beingrevised, the information may come from evalua-tions done during the year (by the school or froman Independent Educational Evaluation or IEE26).Teachers and others who work with your child mayoffer information gained during your child’s day-to-day school routine. Information that you as aparent share can also be included in your child’spresent levels.

A well-written present levels will describe:

• your child’s strengths and weaknesses;

• what helps your child learn;

• what limits or interferes with yourchild’s learning;

• objective data from currentevaluations of your child; and

• how your child’s disability affects his or herability to be involved and progress in thegeneral education curriculum.

In the box on the next page, we provide anexample from a present levels statement for a 5thgrader with learning disabilities. Useful parts ofsuch statements are indicated alongside: objectivedata from evaluation, strengths, weaknesses, whathelps learning, and what hinders learning.

Often, the present levels statement includesteacher observations as well as information from

26 Sometimes parents pay for evaluations done byoutside professionals and share them with theschool. For information on an IndependentEducational Evaluation (IEE) that the schoolsystem pays for, see 34 CFR §300.502.

27 Adapted from Anderson, W., Chitwood, S., &Hayden, D. (1997). Negotiating the special educa-tion maze: A guide for parents and teachers (p. 78).Bethesda, MD: Woodbine House.

28 Decoding means breaking apart, sounding out,figuring out.

evaluations. This information can give a morecomplete picture of what helps your child learnand what limits your child’s learning. For example:

• He needs a quiet, separate place to doindividual work.

• She learns quickly when working in a smallgroup.

• He understands and remembers what he hearsabout a subject. Learning by reading or lookingat pictures is difficult and doesn’t work as wellfor him.

• She imitates other children and learns fromthem.27

Here is another example of a statement thatmight be part of a present levels. Note its emphasison describing functional performance.

Elise is essentially non-verbal and uses many

ways to communicate including: gestures,

facial expression, eye gaze, vocalizations,

word approximations, head nod for yes, head

shake for no, and use of a

Dynavox 3100 augmentative

communication device

which she accesses with

a head switch.


In short, the present levelsstatement of academicachievement and functionalperformance describes howyour child is doing inschool and identifies thoseareas where he or she ishaving difficulty. A clearlywritten and thoroughpresent levels is important,because it is the foundationfor all of the IEP. Goals arewritten based upon yourchild’s present levels.Special education andrelated services are providedbased upon your child’spresent levels and the goalsthat result from thosepresent levels. So take yourtime in writing the presentlevels statement. Bethorough. Theinformation you includewill be the stepping stoneto writing the rest of theIEP.

Annual Goals

Once your child’s needs are identified, the IEPteam works to develop appropriate goals to addressthose needs. An annual goal describes what yourchild can be expected to do or learn within a12-month period.

In the past, IDEA required that annual goals bebroken down into short-term objectives or bench-marks—in other words, the steps along the way toachieving the goals. This is no longer required inan IEP, except for children who will be takingalternate assessments aligned to alternate

achievement standards. If that is the case with yourchild, you’ll also focus on writing short-termobjectives or benchmarks to accompany yourchild’s goals. (How the IEP team decides if a childwill take such alternate assessment is discussedunder #6, Modifications to State or District-wideAssessments.)

The annual goals (and, if appropriate for yourchild, short-term objectives) section of the IEPbuilds upon your child’s present levels of academicachievement and functional performance. Thepresent levels statement identifies what your child

Example of a Present Levels Statement

Objectiv

e data

from

evalu

ation

Weakness

Strength

What

helps

learn

ing

Weakness

Strength

Results of standardized testing using the Woodcock-

Johnson (WJ-R) show David’s basic reading skills

are at a beginning 4th grade level (standard score =

89). His basic writing skills are at a 3.7 grade level

(standard score = 81).

His performance in basic reading and writing is

significantly below his ability. David makes errors

when he reads and has difficulty decoding28 long

words, but his comprehension skills are strong. He

has a rich reading vocabulary. David uses context

cues and picture cues to help him understand what

he is reading.

When writing, David frequently misspells words

and uses incorrect punctuation. It is much easier for

David to express himself by speaking rather than by

writing. He sometimes gets frustrated when writing

and hurries through written work.Whathinderslearning2


29 Adapted from Anderson, W., Chitwood, S., &Hayden, D. (1997). Negotiating the special educa-tion maze: A guide for parents and teachers (p. 78).Bethesda, MD: Woodbine House.

needs. The goals (and, for some, accompanyingobjectives) should be written to address thoseneeds.

Writing goals can be one of the hardest parts ofdeveloping an IEP. One reason for this is becausegoals can cover so many different areas. Dependingupon your child’s needs, some goals may targetareas of the general education curriculum. Othergoals may target learning developmental orfunctional skills—for example, teaching your childhow to eat independently, to use public transporta-tion, or to read Braille. Still another area for goal-setting may be your child’s social or emotionalneeds. These don’t come under a typical“academic” curriculum. But if your child has socialor emotional needs, then goals to meet those needswould be written into the IEP.

A well-written goal should (a) be positive, and(b) describe a skill that can be seen and measured.It answers the questions:

“Who?. . . will achieve?

What?. . . skill or behavior?

How?. . . in what manner or at what level?

Where?. . . in what setting or under whatconditions?

When?. . . by what time? an ending date?”29

Here’s an example of an annual goal, written forDavid, whose present levels of academicachievement and functional performance wereshown above. The IEP team developed this readinggoal for David by looking at the information in hispresent levels:

Annual Goal for ReadingDavid will achieve a reading score at the 5thgrade level or above, as measured by theQualitative Reading Inventory (QRI).

Measuring YourChild’s Progress

Effective goals are critical parts of your child’s IEP.Keeping track of your child’s progress is just asimportant. How will you and the school know ifyour child is making enough progress to reach agoal by the end of the year? This information mustbe included in the IEP. The IEP team must decide:

• how your child’s progress will be measured;and

• when periodic reports on your child’s progresswill be provided to you.

Often, information on how well your child mustperform in order to achieve the goal is spelled out.Using David again as our example, you can see thistype of information in the phrase “at the 5th gradelevel or above” in his annual reading goal. It’s notenough for David to make progress in reading. Thegoal specifically mentions being able to read at the5th grade level or above. This type of informationis called evaluation criteria.

Sound evaluation criteria are written in objective,measurable terms. In David’s case, these will be setby the QRI, the test the school will be using tomeasure his reading skills. The QRI will identify aspecific score (or range of scores) that indicates achild is reading at the 5th grade level. David mustachieve that score, or above, in order to achieve hisannual reading goal.

Another way the IEP team could define howDavid’s progress will be measured is by setting

3


target dates for specific kinds of progress. Accordingto his present levels statement, David has difficultydecoding long words. Because decoding is a criticalcomponent of reading skill, the team might settargets for his progress in this area. For example:

Given a list of 20 unfamiliar words that

contain 8 of more letters, David will decode

them with:

• 60% accuracy by December 1;

• 75% accuracy by March 1; and

• 90% accuracy by June 15.

In other instances, progress is not measured innumber scores:

By June 15, Vicky will complete the obstacle

course unassisted, as documented by the

adapted physical education teacher.

In this example, the teacher will observe and takenotes while Vicky completes the obstacle course.Teacher observation/notes are one way of checkingprogress. Other ways of checking progress mayinclude:

• reviewing class work and homeworkassignments;

• giving quizzes, tests, or other assessmentsdeveloped by teachers; and

• giving informal and/or formal assessments (theQRI or Woodcock-Johnson, for example).

In addition to describing how your child’sprogress will be measured, the IEP must alsodescribe when periodic reports on that progresswill be given to you as parents. As examples, IDEAmentions the use of quarterly reports that comeout at the same time as report cards.30 But theperiodic reports may take another form orschedule, depending on the policies or practices inyour area.

Services andSupports31

Under IDEA, there are a variety ofservices and supports available that your child mayneed as part of his or her free appropriate publiceducation. These services and supports include:

• Special education;

• Related services;

• Supplementary aids and services;

• Accommodations and modifications; and

• Program modifications or supports for schoolstaff.

All of these services and supports are designed tohelp your child:

• reach his or her annual goals;

• be involved and make progress in the generaleducation curriculum;

• participate in extracurricular activities (such asafter school clubs or sports) or othernonacademic activities32 (such as recreationactivities, athletics, or employment); and

• be educated and participate with childrenwithout disabilities in these kinds of activities.

Let’s take a look at what these services andsupports involve.

30 See 34 CFR §300.320(a)(3)(ii).

31 34 CFR §300.320—Definition of individualizededucation program.

3234 CFR §300.107—Nonacademic services.

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Related Services

Related services can include, but are not limited to, any of thefollowing:

Assistive Technology35

Audiology

Counseling Services

Early Identification

Interpreting Services

Medical Services

Occupational Therapy

Orientation and MobilityServices

Parent Counseling/Training

Physical Therapy

Psychological Services

Recreation

Rehabilitation Counseling

School Health Services andSchool Nurse Services

Social Work Services inSchools

Speech-Language Pathology

Transportation

A. Special Education33

Special education is instruction that is speciallydesigned to meet the unique needs of a child witha disability. In the case of your child, this meanseducation that is individually designed to addressyour child’s needs. Since each child is unique, it isdifficult to give an overall example of specialeducation. It is individualized for each child.Special education for any student can consist of:

• an individualized curriculum that is differentfrom that of same-age peers who do not havedisabilities (for example, teaching a blindstudent to read and write using Braille);

• the same (general education) curriculum that’sused for peers without disabilities, withadaptations or modifications made for thestudent (discussed in more detail ina moment); and

• a combination of these elements.

It is also important to rememberthat the education, services, andsupports outlined in your child’sIEP do not necessarily cover yourchild’s entire education. The IEPonly addresses those educationalneeds resulting from your child’sdisability. If your child needsspecial education support through-out the school day, for all activities,the IEP will cover all these needs. Ifyour child doesn’t need specialeducation support in one or moreareas (for example, physical educa-tion, music, or science), then theIEP will not include these subjects.Your child will access them throughthe general education curriculum/class, with no additional specialeducation services.

It’s also important to understandthat special education is not aplace. It’s a set of services that can

be provided in many different places, dependingon the child’s needs. IDEA strongly prefers thatchildren with disabilities be educated in thegeneral education classroom with their peerswithout disabilities. If your child is going to spendany part of the school day not participating withpeers without disabilities in the regular class and inother school activities, then the IEP must includean explanation as to why not. This will bediscussed in more detail under #5, Participationwith Children Without Disabilities.

B. Related Services34

To help your child benefit from specialeducation, he or she may also need extra help inone area or another, such as speaking or moving.This additional help is called related services. Many

of these services are listed in the box below.

It is the IEP team’s responsibility to review allof the evaluation information, identify anyrelated services your child needs, andinclude them in the IEP. Typically, schools

have staff who provide related services (such


as speech therapists or occupational therapists) tomeet the needs of their students. But if a relatedservice is not available from the school, the schoolcan contract with a private provider, a publicagency, or even another school district to providethe service. Your school district is responsible formaking sure all services listed in your child’s IEPare provided, even if the district does not directlyprovide these services. (You’ll find additionalinformation about the school’s responsibility forrelated services, including specific limitations andexclusions, summarized in the box at the right.)

Goals are written for a related service just as theyare for special education services. This includesspecifying how a child’s progress will be measured.

C. Supplementary Aidsand Services36

This part of the IEP focuses on the other kinds ofsupports or services (other than special educationand related services) that your child needs to beeducated with children without disabilities to themaximum extent appropriate. Some examples ofthese additional services and supports are:

• adapted equipment—such as a pencil grip,special seat, or cut-out cup for drinking;

• a one-on-one aide;

• assistive technology—such as a computer,special software, or a communication system;

• training for staff, the student, and/orparents;

• adapted materials—such as books on tape,large print, or high-lighted notes;

33 34 CFR §300.39—Special education.

34 34 CFR §300.34—Related services.

35 34 CFR §300.105—Assistive technology. AT canbe provided as either a related service, as specialeducation, or as supplementary aids and services.

36 34 CFR §§300.42—Supplementary aids andservices.

37 34 CFR §§300.34(a) and (c)(5)—Relatedservices: General; and Related services: Individualrelated services terms defined: Medical services,respectively.

38 34 CFR §§300.34(b)(1)—Related services:Exception.

39 34 CFR §§300.34(b)(2)—Related services:Exception.

The Range of Related Services:Limits, Responsibilities, and Exclusions

IDEA’s list of related services is quite long, isn’tit? Yet these are not the only services that can beconsidered as a related service. Others oftenmade available include artistic and culturalprograms such as art, dance, and music therapy.

IDEA makes specific exclusions to what may beconsidered a related service—two, in particular:

• Medical services may be provided by alicensed physician but only for diagnostic orevaluation purposes.37

• Medical devices that are surgicallyimplanted, such as a cochlear implant, maynot be provided as a related service. Relatedservices also do not include optimizing howsuch a device functions, maintaining thedevice, or replacing it.38

The school system remains responsible formonitoring and maintaining medical devicesthat are needed for the health and safety of thechild. This includes breathing, nutrition, andother bodily functions. The school is alsoresponsible for routinely checking the externalparts of a surgically implanted device to makesure that it is functioning properly.39


40 34 CFR §300.39—Special eduation.

• peer tutors; and

• collaboration/consultation among staff,parents, and/or other professionals (such as anoccupational therapist, a behavior specialist, ora mobility specialist).

The IEP team must work together to make surethat your child gets the supplementary aids andservices he or she needs to be successful. Teammembers should talk about your child’s needs, thecurriculum, and school routine, and openlyexplore all options to make sure the appropriatesupports for your child are included.

D. Accommodationsand Modifications for Your Child

For many students with disabilities—and formany without—the key to success in the classroomlies in having appropriate adaptations, accommo-dations, and modifications made to the instructionand other classroom activities. Some adaptationsare as simple as moving a distractible student tothe front or away from the pencil sharpener or thewindow. Other modifications may involvechanging the way that material is presented or theway that students respond toshow their learning.

Adaptations,accommodations, andmodifications need tobe individualized forstudents, based upon theirneeds and strengths. Doing so can help studentsaccess the general education curriculum and otherlearning materials and activities. Accommodationscan also help students demonstrate what they havelearned. This type of individualization is part ofwhat’s “special” and “specially designed” aboutspecial education.40

Modifications or accommodations are most oftenmade in the following areas:

Scheduling. For example:

• giving the student extra time to completeassignments or tests

• breaking up testing over several days

Setting. For example:

• working in a small group

• working one-on-one with the teacher

Materials. For example:

• providing audiotaped lectures or books

• giving copies of teacher’s lecture notes

• using large print books, Braille, or books onCD (digital text)

Instruction. For example:

• reducing the difficulty of assignments

• reducing the reading level

• using a student/peer tutor

Student Response. For example:

• allowing answers to be given orally ordictated

• using a computer for written work

• using sign language, a communicationdevice, Braille, or native language if it is notEnglish.

What is most important to know about modifica-tions and accommodations is that both are meantto support individual children in their learning. Forexample:

Jack is an 8th grade student who has

learning disabilities in reading and writing.

He is in an 8th grade general education class

that is team-taught by a general education


teacher and a special education teacher.

Modifications and accommodations provided

for Jack’s daily school routine (and when he

takes state or district-wide tests) include the

following:

• Jack will have shorter reading and writingassignments.

• Jack’s textbooks will be based upon the 8thgrade curriculum but at his independentreading level (4th grade).

• Jack will have test questions read/explainedto him, when he asks.

• Jack will give his answers to essay-typequestions by speaking, rather than writingthem down.

You and the other members of the IEP team willprobably spend time discussing your child’slearning needs and the ways in which classroominstruction, testing, homework, and schoolactivities can be modified or adapted to help yourchild access the general education curriculum,demonstrate his or her learning, and participatewith students who do not have disabilities. If theIEP team decides that your child needs a particularmodification or accommodation, this informationmust be included in the IEP.

E. Program Modifications or Supports for School Staff41

Supports are also available for those who workwith your child, to help them help your child:

• achieve his or her annual goals;

• be involved in and make progress in the generaleducation curriculum;

• participate in extracurricular and othernonacademic activities; and

• be educated and participate with children whodo not have disabilities.

An example of one such support might be toarrange for key personnel involved with a givenchild to receive training related to that child’sneeds.

Participation withChildren without Disabilities

As we said earlier in this guide, IDEA stronglyprefers that children with disabilities be educatedin the general education class with children whodo not have disabilities. In fact, it requires thatchildren with disabilities be educated with theirpeers without disabilities to the maximum extentappropriate for each child.42 In keeping with thisrequirement, then, each IEP must include:

...an explanation of the extent, if any, towhich the child will not participate withnondisabled children in the regular classand in [extracurricular and nonacademicactivities]. . .43

Just because a child has severe disabilities orneeds modifications to the general educationcurriculum does not mean that he or she may beremoved from the general education class.44

Accommodations, modifications, and supplemen-tary aids and services can, and often do, play animportant part in supporting children withdisabilities in the regular educational environment.

41 34 CFR §§300.320(a)(4)—Definition ofindividualized education program: General.

42 34 CFR §300.114—LRE requirements.

43 34 CFR §§300.320(a)(5)—Definition ofindividualized education program: General.

44 34 CFR §§300.116(e)—Placements.

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45 34 CFR §§300.114(a)(2)—LRE requirements.

46 34 CFR §300.320(a)(6)—Definition of individualizededucation program.

47 34 CFR §300.320(a)(6)(i)—Definition of individualizededucation program.

48 34 CFR §300.320(a)(6)(ii)—Definition of individualizededucation program.

49 34 CFR §300.160—Participation in assessments. Thissection of IDEA was “reserved” when IDEA’s regulations werepublished in August 2006. Final regulations for §300.160 werethen published in the Federal Register onApril 9, 2007 (Volume72, Number 67), available online at: http://www2.ed.gov/legislation/FedRegister/finrule/2007-2/040907a.html

Removing a child from this environment mayoccur only if the nature or severity of the child’sdisability is such that educating the child in regularclasses cannot be achieved satisfactorily, even withthe use of supplementary aids and services.45

Therefore, if your child is going to be removedfrom the general educationclass for any part of theschool day, the IEP teammust include anexplanation in the IEP.

Modifications to State orDistrict-Wide Assessments46

IDEA requires that students with disabilities beincluded in general state or district-wideassessments, with appropriate accommodations, ifnecessary.47 Testing accommodations arecommonly made in the same areas as theinstructional modifications discussed earlier:scheduling, setting, materials, and studentresponse.

The IEP team is responsible fordetermining whether your son ordaughter will participate in eachassessment given by the state ordistrict—and how your child willparticipate. Some children may needno testing accommodations ormodifications in order todemonstrate what they’ve learnedand can do. Many, however, willneed accommodations in orderfor their academic achievementand functional performance to bevalidly and accurately measured.It’s important for IEP teams to knowwhat type of accommodations can bemade without invalidating a child’stest scores and which accommodationsthe state permits. (This information

should be available from your state department ofeducation.) Once the IEP team determines whichaccommodations in testing, if any, would beappropriate for your child, these must be listed inthe IEP and provided to your child during theactual assessment.

It’s also possible that a specific state or districtgeneral assessment may not be appropriate for yourchild, even with accommodations and modifica-tions. He or she may need to be assessed using analternate assessment. If so, your child’s IEP mustinclude a statement of:

• why your child cannot participate in the regularassessment; and

• why the particular alternate assessment to beused is appropriate for your child.48

The participation of students with disabilities instate and district general assessment programs is anevolving area within IDEA as well as within generaleducation law (the No Child Left Behind Act).Final regulations in this area were published inApril 2007.49 A wealth of information on thesubject is available from the National Center onEducational Outcomes (NCEO) (http://cehd.umn.edu/NCEO/TopicAreas/) and theAssessment and Accountability ComprehensiveCenter (www.aacompcenter.org).

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Location and Duration of Services

Each of the services your child needs is writtendown in the IEP. The IEP must also include:

• how often your child will receive the service(s)(number of times per day or week);

• how long each session will last (number ofminutes);

• where services will be provided (in the generaleducation classroom or another settingsuch as a resource room); and

• when services will begin and end(starting and ending dates).50

The IEP team may also consider whether or notyour child needs to receive services beyond thetypical school year. This is called Extended SchoolYear or ESY services.51 Some children receivingspecial education services may be eligible for ESYservices. Ask your state and local school district fora copy of its guidelines for determining eligibilityfor ESY. If you or your child’s teachers feel yourchild needs ESY services, it should be discussedduring the IEP meeting.

Reporting Your Child’s Progress

Under IDEA, you must be kept informed of yourchild’s progress on IEP goals.52 As mentionedearlier (see #3), the IEP team will decide whenperiodic reports will be provided to you andinclude this information in the IEP. A “periodicreport” might be issued quarterly, for example,when the school system issues report cards.

Look in your child’s progress reports to seewhether or not your child is making adequateprogress to reach his or her goals by the end of theyear. If not, then you will want to talk to the IEPteam about how to address the lack of expectedprogress.

Transition Services53

As your child gets older andnears age 16, the IEP team—including your child—willconsider many questions abouthis or her future after high school. What will youryoung adult do? Will he or she go to college or atechnical school? Will he or she work? In whatkind of job? What appeals to your child? Whatkind of preparation, knowledge, or skills will beneeded? What kind of supports? Will he or she liveindependently or continue to live at home? Willyou need help from other agencies to carry outthese plans?

Answering these questions—and many more!—is called transition planning. By the time your childis 16 years old, the IEP must describe the transition

services needed to help him or her move from highschool to life as an adult in the community.54 TheIEP team can also decide to start transition

5034 CFR §300.320(a)(7)—Definition ofindividualized education program.

51 34 CFR §300.106—Extended school year services.

52 34 CFR §300.320(a)(3)—Definition ofindividualized education program.

53 34 CFR §300.43—Transition services.

54 34 CFR §300.320(b)—Definition of individual-ized education program: Transition services.

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8

9


55 34 CFR §300.43(a)—Transition services.

56 34 CFR §300.43(a)(2)—Transition services.

57 34 CFR §300.320(c)—Definition of individualizededucation program: Transfer of rights at age ofmajority.

58 National Center on Secondary Education andTransition. (2002, May). Age of majority: Preparing yourchild to make their own choices. Minneapolis, MN:Author. Quote from page 2. (Available online at:www.ncset.org/publications/parent/NCSETParent_May02.pdf)

planning with your child at a younger age, if theIEP team considers it appropriate. The transitionplan must then be updated every year and specify:

• measurable postsecondary goals for your childrelated to training, education, employment, and(where appropriate) independent living skills;and

• the transition services needed (including whatyour child will study) to help your child reachthose goals.

Consider the range below of postsecondarypossibilities for your child and determine whichare appropriate, given your child’s interests andpreferences, skills and experience, and need foraccommodations or supports:

• postsecondary education (such as a 2-year or4-year college or business school);

• vocational education (to prepare for working incomputers, auto mechanics, or hotels/restau-rants, for example);

• integrated employment (including supportedemployment);

• continuing and adult education (such as classesoffered by your community adult educationoffice or department of recreation);

• adult services (such as a day program or grouphome);

• independent living; or

• participating in the community.55

Whenever the team is going to talk abouttransition, your child must be invited to themeeting. Services must be based on your child’sneeds, taking into account his or her skills,preferences, and interests. Services can include:instruction, related services, communityexperiences, developing employment and otheradult living objectives, and (if appropriate) dailyliving skills and giving your child a functionalvocational evaluation.56

A lengthy discussion of transition planning isbeyond the scope of this guide for parents. How-ever, because transition planning is so important,we are pleased to explore this topic much morefully on our website, at: http://nichcy.org/schoolage/transitionadult/

We’d also recommend that anyone interested intransition planning visit the websites of these twoprojects for the wealth of information they offer:

• the National Secondary Transition TechnicalAssistance Center (NSTTAC)www.nsttac.org/

• TATRA (Technical Assistanceon Transition and theRehabilitation Act)http://www.pacer.org/tatra/

Age of Majority57

“Age of majority is the legal age establishedunder state law at which an individual is no longera minor and, as a young adult, has the right andresponsibility to make certain legal choices thatadults make.”58 Thus, when people use the term

10


age of majority, they are generally referring to whena young person reaches the age where one isconsidered to be an adult. Depending upon yourstate law, this usually happens at some pointbetween 18 and 21.

At this juncture in your child’s life, the state maytransfer to your young adult all (or some of) theeducational rights that you, as parents, have had upto the moment. Not all states transfer rights at ageof majority. But if your state does, then the rightsand responsibilities that you have had under IDEAwith respect to your child’s education will belongto your son or daughter at the age of majority.

Beginning at least one year before your childreaches the age of majority, you and your child willreceive written notice from the school telling you

of the upcoming transfer of rights (if any). Whenthis happens, the IEP must include a statement thatyou have received the notice and have been toldabout the transfer of rights.59

There are some exceptions to this transfer ofrights. For example, some children with disabilitiesmay need to have a guardian appointed to makedecisions for them. Other students may not havethe ability to give informed consent60 regardingtheir education. Or your child may be fully capableof making these decisions but still want your helpin these matters. In all these cases, the state willhave procedures by which parents can beappointed to continue representing their child’seducational interests.61 You will need to check yourlocal and state policies to find out how this issue ishandled.

59 34 CFR §300.320(c)—Definition of individual-ized education program: Transfer of rights at age ofmajority.

60 34 CFR §300.9—Consent.

61 34 CFR §300.520(b)—Transfer of parental rightsat age of majority: Special rule.

62 34 CFR §300.327—Educational placements.

63 34 CFR §300.114—LRE requirements.

64 34 CFR §300.114(a)(2)—LRE requirements.

9. What is placement? How is my child’splacement decided?

Once the IEP team has decided what services yourchild needs, decisions must be made about whereservices will be provided. Where your child’s IEP iscarried out is called placement. As the parent, youhave the right to be part of the group that decidesyour child’s placement.62

In deciding your child’s placement, the groupmust make sure that your child has the maximumopportunity appropriate to learn with childrenwho do not have disabilities—in academic, non-academic, and extracurricular activities.63 This partof the law is called Least Restrictive Environment

or LRE.

Least Restrictive Environment is explained inIDEA as follows:

. . . To the maximum extent appropriate,children with disabilities . . . are educatedwith children who are nondisabled; and . .. special classes, separate schooling, or

C. Deciding Your Child’s Placement

other removal of children withdisabilities from the regular educationalenvironment occurs only if the nature orseverity of the disability is such thateducation in regular classes with the useof supplementary aids and servicescannot be achieved satisfactorily.64


65 34 CFR §300.116—Placements.

66 Ibid.

67 From the Department of Education’s Analysis ofComments and Changes that accompanied publica-tion of IDEA’s final regulations in the FederalRegister, Volume 71, Number 156, page 46588.Available online at: http://nichcy.org/wp-content/uploads/docs/IDEA2004regulations.pdf

68 34 CFR §300.115—Continuum of alternativeplacements.

IDEA also says:

• The child’s placement is determined at leastannually; is based on the child’s IEP; and is asclose as possible to the child’s home.

• Unless the IEP requires some other arrange-ment, the child is educated in the school thathe or she would attend if the child had nodisability.

• When looking at placement options,consideration must be given to any potentialharmful effect on the child or on the quality ofservices that he or she needs.

• A child with a disability may not be removedfrom education in age-appropriate regularclassrooms just because he or she needs modifi-cations to the general education curriculum.65

Often, the IEP team makes the placementdecision. In some places, the placement decision ismade by another group of people. In either case,under IDEA, the group that makes the placementdecision must include you, as the parent(s), andothers who:

• are knowledgeable about your child;

• understand the meaning of your child’sevaluation data; and

• know the placement options.66

When discussing placement, the group shouldconsider your child’s unique needs and determinewhat the least restrictive placement for your childis, based upon those needs. A placement that isleast restrictive for one child may not be leastrestrictive for another. What is least restrictive foreach child is based on that child’s unique needs. Thismeans that the school system may not use a “onesize fits all” approach to educating children whohave a disability. Decisions must be based onindividual needs as stated in the IEP, not on—

• the child’s disabling condition or label (such asplacement in a special class for students withintellectual disabilities just because a child has acognitive impairment);

• disability program categories (placement in anparticular program for students with learningdisabilities (LD) just because a child needs LDservices);

• the location of staff;

• the funds that are available; or

• the convenience of the school district.67

In making placement decisions, the group looksto another important part of the IDEA, thecontinuum of alternative placements.68 Thecontinuum includes the different options wherechildren can receive services. These options includeplacements such as:


• a general education class;

• a special education class;

• a special education school;

• at home; or

• in a hospital or other institution.69

A student’s placement in the general educationclassroom is the first option considered by the

So, your first IEP meeting is coming up. How doyou get ready? Here are some suggestions.

10. What do I do before the meeting?

✓ Review the information on your child—fromhome, school, or private sources (such as doctors,therapists, or tutors). Ask yourself, “Do theserecords show the full picture?” Fill in any missingpieces, if you can. Bring your records to themeeting. You can also bring examples of yourchild’s work (on paper, audiotape, or videotape) toshow specific concerns or insights you may have.

✓ Talk with your child about the upcoming IEPand ask about school. “What things are hard?What things are easy? What’s important for you tofocus on this year?” Your child may have a lot tosay about his or her needs and interests. Studentsare often much more aware of their strengths andweaknesses than parents realize. Make notes onwhat your child says.

✓ Think about your child’s involvement ingeneral education classes. Consider his or herlearning style, special education needs, and socialneeds. How can these needs be addressed in theIEP? What kinds of supports or services might yourchild need in order to be successful in the generaleducation class? Ask your child what he or sheneeds or doesn’t need in the way of support.

69 34 CFR §300.115—Continuum of alternativeplacements.

70 Same as footnote 67.

71 Adapted from: Creating Collaborative IEPs: AHandbook (Rev. ed.). (2001). Richmond, VA:Partnership for People with Disabilities, VirginiaCommonwealth University.

group making the placement decision.70 Can yourchild be educated satisfactorily in the generaleducation classroom? What aids, services, andsupports does your child need to make thispossible? If the group decides that your child’sneeds can be met in the general education class,with supports, then that placement is the leastrestrictive environment for your child.

D. Participating in the IEP Meeting

✓ If your child will be attending all or part ofthe IEP meeting, explain how the meeting works ina way that he or she can understand. Let your childknow how important the meeting is and that hisor her opinions and input are valuable. You mayneed to prepare your child to speak up at themeeting. Talk with your son or daughter abouthow to share his or her feelings about what isbeing proposed.

✓ Do a Positive Student Profile71 (see the box onthe next page) to share with the team. To do thisprofile, answer questions about your child, whichwill help you organize your thoughts and focusclearly on your child’s strengths, needs, and goals.


Doing a Positive Student Profile72

Answer the following questions about your child as a wayto prepare for the IEP meeting.

1. Who is ____________? (Describe your child, includingsuch information as place in the family, personality, likesand dislikes.)

2. What are __________’s strengths? (Highlight all areaswhere your child does well, including school, home,community, and social settings.)

3. What are ________’s successes? (List all successes, nomatter how small.)

4. What are ________’s greatest challenges? (List the areaswhere your child has the most difficulty.)

5. What are _________’s needs? (List the skills your childneeds to work on and the supports he or she needs.)

6. What are our dreams for ____________? (Describe yourvision for your child’s future, including short-term andlong-term goals.)

7. Other helpful information. (List all relevant informa-tion, including health care needs, that has not alreadybeen described above.)

✓ Brainstorm with people (teacher, friend, familymembers, tutor, therapist, consultant) to get ideasbefore the meeting. Write down things you feelmust be included in the IEP. Decide how you wantto share this information with the other membersof the IEP team.

✓ Ask other team members if they can sharetheir ideas about your child’s program ahead oftime.

✓ Know your rights. Review the IDEA regula-tions and accurate summaries. (Visit NICHCYonline, if you need either.) Take the regulationswith you to the meeting in case you need them.

✓ Are there any areas where you and the schoolmight disagree? Plan how you want to handlethese. List any information that might support yourposition. Think of alternatives to offerif the school is not willing to acceptyour first suggestion. Decide where youcan compromise and where you can’t.

✓ Consider whether you’d like toinvite another person to go with you tothe IEP meeting. This person shouldhave special knowledge or expertiseabout your child or with respect toyour child (a related service provider,for example, a past teacher, a specialistin your child’s disability, or a friend).Another person may think of thingsduring the meeting that you do not. Asa courtesy, let the school know ifsomeone will be attending the meetingwith you.

If an advocate will be attending themeeting with you, review your agendatogether before the meeting. Above all,be sure that the advocate understandswhat role you would like him or her toplay in the IEP process.

11. What do I do during the meeting?

✓Stay focusedUse your notes to keep yourself and the team on

track. Keep the focus on your child’s individualneeds and in creating a plan that will lead tosuccess. Remember your child’s social andemotional needs, including the need to be withpeers that do not have disabilities.Encourage the other members ofthe IEP team to use simplelanguage, so that anyonereading the IEP can under-stand and carry it out.

✓ Ask questionsIf a team member says

something you don’t


understand, ask the person toexplain. If someone says somethingabout your child you don’t agreewith or have a question about, askfor more details. What backupinformation supports the person’sstatement (teacher notes, checklists,evaluations)? If you have differentinformation, be sure to share it.

Make sure you don’t accept or reject a goal foryour child based on incomplete information. If apresent levels statement is appropriate, thereshould be data to support it. If a goal isappropriate, there should be documentation toback up the need. You want to make sure thatdecisions are not made based upon a single eventor random observations.

✓ Be thoroughMake sure you agree with the language in the

present levels of academic achievement andfunctional performance before you finalize annualgoals for your child. Try not to move away fromone area until you are confident that it adequatelyaddresses your child’s needs. If you find thatneeded information is not available at the meeting,have the team make a note of what is missing, whowill get the information, and when they will get itby. Then you can agree to move on and come backto discuss the issue when the needed informationis received.

12. What can I do if we don’t agree?

If the team cannot agree on a particular item afterseveral minutes of discussion, add it to the team’s“parking lot” of concerns and suggest coming backto it later. Avoid getting stuck debating a particularpoint over and over, especially if it feels like you arenot getting anywhere. You need to be clear in your

mind on where you can and cannotcompromise. Communicate this in areasonable and calm way. Some-times, the following words can helpthe team resolve an issue.

“What will it take for us to reach anagreement on this issue?”

“Why don’t we just try this for 6 weeksand see how it works?”

“I understand that you can’t say yes to thisrequest. Can you tell me who does have theauthority? How do we get that person here?”

“We can all agree that this is not an easy issue.But we need to find a solution that will work for(your child) that we can all live with.”

“I just don’t see this as being appropriate for(your child). There have to be other options wehaven’t looked at.”

13. I’m concerned I’ll get too emotional. Any suggestions?

One of the most difficult things in an IEP meet-ing can be keeping emotions under control. It iseasy at times for anyone at the meeting to getfrustrated. Everyone has demands placed on themthat are outside their control. The teacher hasconcerns about meeting the needs of all herstudents, including your child. Therapists may beconcerned with how many children they need towork with and how to fit everything that needs tobe done into a single school day. The administratormay be worried about having enough staff,supplies, and equipment on a daily basis. And, likeany parent, you want what is best for your child,even though the law says you are only entitled towhat is appropriate. It is a challenge to balance allthese needs and demands. The key to reducingfrustration and avoiding conflict is to be respectfulof each other, even when you don’t agree. Keepcoming back to the purpose of the meeting—todevelop an appropriate IEP for your child.

72 Adapted from: Creating Collaborative IEPs:A Handbook (Rev. ed.). (2001). Richmond,VA: Partnership for People with Disabilities,Virginia Commonwealth University.


73 34 CFR §300.300(b)—Parent consent forservices.

74 34 CFR §300.503—Prior notice by the publicagency; content of notice.

75 34 CFR §300.506—Mediation.

76 34 CFR §§300.507, 300.508, and 300.511—Filinga due process complaint, Due process complaint,and Impartial due process hearing, respectively.

77 34 CFR §§300.507 and 300.508(b)—Filing a dueprocess complaint; Due process complaint:Content of complaint.

78 34 CFR §§300.510—Resolution process.

14. What if we still don’t agree?

If you’ve done as much as you can and stillcannot come to agreement on the IEP, there areseveral options open to you.

❑ If this is your child’s first IEP, you can refuseto give permission for the school to implementthe IEP.73 In this case, your child will not receivethe special education services outlined in the IEP.

❑ Ask the school to give you prior written

notice74 on the issue(s) under disagreement.Written notice must tell you in detail what theschool is proposing or refusing to do, why, andwhat information it used to reach the decision.This includes:

• telling you other options the schoolconsidered and why they were rejected;

• describing each evaluation procedure, test,record, or report used as a basis for the actionbeing proposed or refused; and

• describing any other factors that are relevant towhat the school is proposing or refusing to do.

With this information, you may be in a betterposition to convince the school to rethink itsdecision or to proceed with the next step below.

❑ You may request mediation75 or a due process

hearing76 to resolve the conflict. With mediation,you and the school sit down together and try towork out the disagreement with an impartial thirdperson called a mediator. The mediator does notwork for the school system or make any decisionsfor you or the school. The mediator helps you andthe school talk about your differences and worktoward an agreement.

The due process hearing is a formal, legalprocedure where both you and the school presentyour views on the dispute to an impartial hearingofficer. After all the evidence is presented andwitnesses have spoken— much like in a courtcase—the hearing officer decides the case and tellsyou and the school how the matter is to be settled.He or she issues the decision in writing.

You request a due process hearing by filing a due

process complaint that must contain specific infor-mation,77 with a copy sent to the state departmentof education. Within 15 days, your school systemmust convene a meeting between you, as parents,and relevant members of the IEP team. The pur-pose of the meeting is for you to discuss your dueprocess complaint, which gives the school systemthe opportunity to resolve the dispute. This resolu-tion meeting need not be held if you and theschool system agree to waive the meeting or agreeto use mediation instead.78


your child will be disciplined. There-fore, it is important for you to askquestions about how your child’seducation will be affected beforerevoking consent.

14. When the IEP is completelywritten, am I supposed to sign it?

As the IEP meeting comes to a close,you will probably be asked to sign the IEP docu-ment. Depending on the state you live in, yoursignature on the IEP will mean different things. Insome school systems, your signature on an IEPmeans that you agree with the IEP. In other states, aparent’s signature on the form simply means thatthe parent attended the IEP meeting.

There is no regulation that says you must sign theIEP immediately at the end of the meeting, or atall. If you feel the need to wait before signing theIEP, if you need to “sleep on it” or share it withyour spouse/child’s tutor/consultant, say so. Youmay wish to list specific items in the IEP that youwant to think about before signing (“I’m stilluncomfortable with ____, and I’d like to thinkabout it some more”). This lets the school knowwhere you stand and gives everyone time to thinkof possible solutions or compromises. Whateveryou decide, read the IEP document in its finalversion before signing. This is also a good time toreview the list of concerns you prepared before theIEP meeting. Did the team talk about all of thoseitems?

When all the talking is done, if you arecomfortable with the IEP, go ahead and sign. If youagree with everything except one item, you can signyour agreement and add a statement about the oneitem you disagree with. The team can implementall of the IEP except that one item, until you doresolve it.

79 34 CFR §§300.153—Filing a complaint.

80 §300.300(b)(4)—Parental consent for services.

❑ You can also file a written state

complaint79 with your state’s depart-ment of education. When you file astate complaint, you must tell thestate what part of the IDEA youbelieve the school has violated. Youmust also state the facts as you knowthem and provide copies of anydocuments or correspondence on thematter you may have. The state will investigateyour complaint, request documents if necessary,and give a written decision.

There is a lot to know about each of these ways ofresolving problems with the school. The premiersource of this information is CADRE, the NationalCenter on Dispute Resolution. Visit CADRE at:http://www.directionservice.org/cadre/

You can also learn more by visiting NICHCY’swebsite (see Resolving Disputes section, beginningat http://nichcy.org/schoolage/disputes/) or bygetting in touch with your state’s Parent Trainingand Information (PTI) center, which is listed under“Organizations Especially for Parents” on our StateResource Sheet for your state (http://nichcy.org/state-organization-search-by-state).

❑ Finally, if this is not your child’s first IEP, youcan revoke consent,80 in writing, for the continuedprovision of special education and related servicesto your child, even though you previously gaveyour consent. Once you revoke consent, the schoolsystem may no longer provide special educationservices to your child, and they may not try tooverride your revocation of consent.There are also a number ofother consequences thatmay arise, such as how


This publication is copyright free. Readers are encouraged to copy and share it, but please credit NICHCY, theNational Dissemination Center for Children with Disabilities.

We’d like to thank our Project Officer, Judy L. Shanley, Ph.D., at the Office of Special Education Programs(OSEP) of the U.S. Department of Education, for her support of this publication and of NICHCY itself. Aspecial thanks goes out to the Office of Policy and Planning, at OSEP, for their involvement and the fine-tooth-comb review to ensure this document’sconsistency with the requirements of IDEA 2004. NICHCY is made possible through Cooperative AgreementNumber H326N030003 between OSEP and FHI 360. The contents of this document do not necessarily reflectthe views or policies of the Department of Education, nor does mention of trade names, commercial prod-ucts, or organizations imply endorsement by the U.S. Government.

PA12—April 2009

15. What do I do after the IEP meeting (and before the next one)?

Hurray! You’ve completed your child’s IEP. Nowthat you have a well-written IEP, you may want toschedule a follow-up meeting after a month or sixweeks, so you and the rest of the team can talkabout how things are going. Watching your childwork at school and talking with the staff will helpyou keep track of your child’s progress. Remember,if you ever feel that the IEP needs to be changed,you can request an IEP meeting.

Even when you have done many IEPs, you canstill forget things from one IEP to the next. So, aftereach meeting, jot down any thoughts you haveabout the IEP and the process. What did you like?What did you not like? What would you dodifferently next time? What will you do the same?When you are finished, store your notes in a safeplace so that you can read them before the next IEPmeeting.

16. Can my child’s IEP be changed without holding a meeting?

Yes. If you and the school want to change yourchild’s IEP after the annual IEP meeting, you andthe school may agree not to convene an IEPmeeting. Instead, you and the school will develop awritten document that will amend your child’s IEP.If your child’s IEP is changed, all IEP teammembers will be informed of the changes, and ifyou request it, the school must give you a copy ofthe reviewed IEP.81

Final Words

Keep in mind that developing an IEP is a learningprocess. With time it gets easier. Maintain yoursense of humor and try to relax. When parents andschools truly work together, the process works well,and the best results for your child can be realized.

National Dissemination Centerfor Children with Disabilities

81 §300.324(a)(4)—Development,review and revision of the IEP.

Author: Theresa Rebhorn

Editor and updating for IDEA 2004: Lisa Küpper

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