Individualized Education Program (IEP) « Education – Special

Information, Legal Issues,
Articles, Resources
re: Individualized Education Program (IEP)

Official Government Information:

• A Guide to the Individualized Education Program (Ed.gov)
  The purpose of this guidance is to assist educators, parents, and state and local educational agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities, including preschool-aged children.
• Ed.gov:  Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.
• Individualized Education Program (IEP) (U.S. Department of Education)
  A written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with sections of the IDEA.  Click here for PEKD page on IDEA.

Court Cases and Legal Issues Related to IEP:

• Patti's Comment: These sources answer the question "What is prior written notice?"
  How to Use a "Parent IEP Attachment" (WrightsLaw)
  Prior Written Notice (April 2007)  

• Schaffer v. Weast: How Will the Decision Affect YOU? (WrightsLaw)
  In Schaffer v. Weast, Justice Sandra Day O’Connor explained that the Court “granted certiorari … to resolve the following question:  "At an administrative hearing assessing the appropriateness of an IEP, which party bears the burden of persuasion?”  In the first paragraph, Justice O'Connor wrote:  If parents believe their child's IEP is inappropriate, they may request an "impartial due process hearing." §1415(f). The Act is silent, however, as to which party bears the burden of persuasion at such a hearing. We hold that the burden lies, as it typically does, on the party seeking relief.

Articles About IEP:

• Confused by IEP, IDEA, and 504 (Family Education)
  IDEA and Section 504 have a similar purpose — to protect disabled persons from discrimination — but they differ in many respects. The Individuals with Disabilities Education Act (IDEA) is the new version of an earlier law, The Education of All Handicapped Children Act of 1975 (Public Law 94-142). This law requires state education agencies to provide appropriate services for disabled children from birth to 21 years of age.  
• How to Prepare for IEP Meetings (FindLaw)
  Parents have a voice and final say in your child's educational needs. Follow these tips to help you prepare for and feel more confident going into your child's annual IEP meetings.
• IDEA 2004 Close Up: The Individualized Education Program (IEP) (Great Schools)
  The 2004 update of the Individuals with Disabilities Education Act (IDEA 2004) made several significant changes to the Individualized Education Program (IEP), both in terms of who should participate and what should be included in this important process. Since it is the IEP that lays out the school's commitment of special education and related services to be provided to eligible students, it is essential that parents of students with learning disabilities (LD) understand the changes.
• IEP Boot Camp (Disability Scoop – 1/5/09)
  Since the enactment of the Individuals with Disabilities Education Act (IDEA) in 1975, students with disabilities have the right to a free appropriate public education (FAPE). Accordingly, each student deemed eligible for special education has his or her own individualized education plan known as the IEP. But things can get sticky when parents and school staff sit down at so-called IEP meetings to decide what’s needed to educate a student.  
• IEP Boot Camp: Getting Ready for Your Child’s IEP Meeting 
  Your child’s next IEP meeting is scheduled. So how can you prepare for it? Use this collection of downloadable tips, tools and checklists to get organized.
• School District Cannot Recoup Pendency Payments (Developments in Special Education Law – 9/27/10)
  Atlanta v. SF: In this case decided in September 2010, a Georgia court held “that parents of a child awarded private educational services because the IEP offered by the school was deemed to be inappropriate are not required to reimburse the school district for that expenditure, even if the administrative decision is later reversed.” This decision contains an overview of case law addressing this issue from other courts around the country. It is of particular interest here in New York as the New York City Board of Education has made repeated attempts to recoup pendency payments.
• Starting a New IEP Advocacy Year: Back to School Tips (WrightsLaw – Aug. 2010)
  For parents of children with special needs, “back to school” means the start of a new IEP advocacy year. Here are some tips to keep in mind.
• What is an Individualized Education Program? (Easy IEP Help)
  An Individualized Education Program is the legal document created by the IEP team that outlines the learning disabled child’s IEP goals and objectives. 
• What You Need to Know About Advocacy (About.com)
  If your child is making failing grades, or if you feel she's not making progress, you may be considering requesting that the school change something in her individual educational program, provide an additional service, or purchase adaptive equipment or software. But what can you do if the school disagrees with you, and you cannot reach a reasonable compromise? Some parents turn to the services of an advocate. Learn what you need to know about advocacy to improve your chances of success.
• Why Methodology Belongs in Your Child's IEP (Autism News – 2/9/07)
  This article outlines the regulations which permit parents to discuss methodology at an IEP meeting.

Publications About IEP:

• Accommodations Manual (Council of Chief State School Officers)
  How to select, administer, and evaluate use of accommodations for instruction and assessment of students with disabilities.  Presents a five-step process of Individualized Educational Program (IEP) teams, 504 plan committees, general and special education teachers, administrators, and district level assessment staff to use in the selection, administration, and evaluation of the effectiveness of the use of instructional and assessment accommodations by students with disabilities.
• Building a Bridge – A Resource Manual for High School Students
  Information to help parents play a meaningful role in guiding your child for the future. Under the Individuals with Disabilities Act, transition planning is required as part of your child's IEP (Individualized Education Program).
• Considering Assistive Technology in the IEP Process (The Texas 4-Step Model)
  Provided to assist educational teams in considering assistive technology in the development, review, and/or revision of a student’s Individual Educational Plan.
• Parent and Educator Guide for Assistive Technology (MI Alliance for Families)
  Information on Assistive Technology, the Individualized Education Program (IEP), the law, things to consider, processes, and more to ensure students with disabilities are provided a Free Appropriate PUblic Education (FAPE).

Resources: Websites and Blogs About IEP:

• IEP Advocate 4 You (Carol Sadler blog)
  A professional parent advocate assisting parents of disabled children in school meetings and helping them understand their rights under IDEA, 504, SST and ADA.
• The Wrightslaw Way – to Special Education Law and Advocacy
  “Eligibility for Special Ed: Grades, IQ Scores, Evaluations,” “Assistive Technology for the Struggling Notetaker,” and “Changing Schools and IEPs – Tips for Civilian & Military Families” are some of the topics you’ll see on this blog, which focuses on legal issues and advocacy for special education.