The Individualized Education Program (IEP) process can be arduous to understand, especially for parents. If you are a special education teacher-in-training, a general education teacher wanting to know more about the IEP process, a parent or family member of a child with special needs, this presentation includes some very basic, but pertinent information YOU should know!

2. •What’s going on in this painting?
•Who are these people? How do you know?
•What might their facial expressions/hand gestures imply?
•What might the objects in the background imply?
•What types of feelings does this painting emit? In you? In the characters
portrayed?

4.  What is an IEP?
 History of Special Education Legislation
 Parent Rights & Procedural Safeguards
 The IEP Process
 The IEP Document
 The IEP Meeting

5. Sec.300.320Definitionofindividualizededucationprogram.
(a)General.Asusedinthispart,thetermindividualizededucation programor IEPmeansawrittenstatementforeachchildwith adisabilitythatisdeveloped,reviewed,andrevisedina meetinginaccordancewithSec.Sec.300.320through300.324,and thatmustinclude--
(1)Astatementofthechild'spresentlevelsofacademicachievementandfunctional
performance,including--
(i)Howthechild'sdisabilityaffectsthechild'sinvolvementandprogressin thegeneral educationcurriculum(i.e.,thesamecurriculumasfor nondisabledchildren);or
(ii)For preschoolchildren,asappropriate,how the disabilityaffectsthechild's participationinappropriateactivities;
(2)
(i)Astatementof measurableannualgoals,includingacademicandfunctionalgoals designedto--
(A)Meetthechild'sneedsthatresultfromthechild'sdisabilitytoenablethechildtobeinvolvedinandmakeprogressinthegeneral educationcurriculum; and
(B)Meeteach ofthechild'sother educational needsthatresultfromthechild'sdisability;
(ii)Forchildrenwithdisabilitieswhotakealternateassessmentsalignedtoalternate achievementstandards,adescriptionofbenchmarksorshort-termobjectives;
(3)Adescription of--
(i)Howthechild'sprogresstowardmeetingtheannual goalsdescribedinparagraph(2)ofthissectionwillbemeasured;and
(ii)Whenperiodicreportsontheprogressthechildismakingtowardmeetingthe annualgoals(suchasthroughtheuseofquarterlyor otherperiodic reports, concurrentwiththeissuanceofreportcards)willbe provided;
(4)Astatementofthespecial educationandrelatedservicesandsupplementaryaidsandservices,basedonpeer-reviewedresearchtotheextentpracticable,tobeprovidedtothechild,or onbehalfofthechild,andastatementoftheprogrammodificationsor
supportsforschool personnel thatwillbeprovidedtoenablethechild--
(i)Toadvanceappropriatelytowardattainingtheannualgoals;
(ii)Tobeinvolvedinandmakeprogressinthegeneral educationcurriculumin accordancewithparagraph(a)(1)ofthissection,andto participatein extracurricularandother nonacademicactivities;and
(iii)Tobeeducatedandparticipatewithotherchildrenwithdisabilitiesand nondisabledchildrenintheactivitiesdescribedinthissection;
(5)An explanationoftheextent,ifany,towhich thechildwillnotparticipatewith nondisabledchildrenintheregularclassandintheactivitiesdescribedinparagraph(a)(4)ofthissection;
(6)
(i)Astatementofanyindividualappropriateaccommodationsthatarenecessaryto measuretheacademicachievementandfunctional performance ofthechildonStateanddistrictwideassessmentsconsistentwithsection612(a)(16)ofthe
Act;and
(ii)IftheIEPTeamdeterminesthatthechildmusttakeanalternateassessmentinsteadofaparticularregularStateor districtwideassessmentofstudentachievement,astatementofwhy--
(A)Thechildcannotparticipateintheregularassessment;and
(B)Theparticularalternateassessmentselectedisappropriateforthechild;and
(7)Theprojecteddatefor thebeginning oftheservicesand modificationsdescribedin paragraph(a)(4)ofthissection,andtheanticipatedfrequency,location,andduration ofthoseservicesandmodifications.
(b)Transitionservices.BeginningnotlaterthanthefirstIEPtobein effectwhenthechildturns16,or younger ifdeterminedappropriatebytheIEPTeam,andupdatedannually,thereafter,theIEPmustinclude--
(1)Appropriatemeasurablepostsecondarygoalsbased uponageappropriatetransition assessmentsrelatedtotraining,education,employment,and, whereappropriate,independentlivingskills;and
(2)Thetransitionservices(including coursesofstudy)needed toassistthechildinreachingthosegoals.
(c)Transfer ofrightsatageofmajority.Beginning notlaterthanoneyear beforethechildreachestheageofmajorityunderStatelaw,theIEPmustincludeastatementthatthechildhasbeeninformedofthechild'srightsunderPartB oftheAct,ifany,thatwilltransfertothechildon
reachingtheageofmajorityunder Sec.300.520.
(d)Construction.Nothing inthissectionshallbeconstruedtorequire--
(1)Thatadditionalinformationbeincludedinachild'sIEPbeyond whatisexplicitlyrequiredinsection614 oftheAct;or
(2)TheIEPTeamtoincludeinformationunder onecomponentofachild'sIEPthatisalready containedunderanother componentofthechild'sIEP.
(Authority:20U.S.C.1414(d)(1)(A)and(d)(6))

6.  General Definition in IDEA:
 The term individualized education program or
IEP means a written statement for each child
with a disability that is developed, reviewed,
and revised in a meeting in accordance with Sec.
300.320 through 300.324 of IDEA.

8.  THE RIGHT TO EQUAL PROTECTION, SPECIAL
EDUCATION & DUE PROCESS:
 Brown v. Board of Education of Topeka [347 U.S. 483
(1954)]
 Pennsylvania Association of Retarded Citizens
(PARC) et al. v. Commonwealth of Pennsylvania
[343 F. Supp 279 (1972)]
 Peter Mills et al. v. Board of Education of the
District of Columbia et al [348 F. Supp 866 (1972)]
 Wyatt v. Stickney (Alabama,1972)

9.  ELIGIBILITY, ASSESSMENT AND THE RIGHT TO AN
APPROPRIATE PLACEMENT:
 Diana v. State Board of Education (California, 1970)
 Larry P. et al v. Wilson Riles et al [495 F. Supp. 926
(1979)]
 People in Action in Special Education (PASE) v.
Hannon (Illinois, 1980)
 Lau v. Nichols (California, 1974)
 Timothy W. v. Rochester School District [875 F. 2nd
954 (1988)]

10. “Separate educational facilities are inherently unequal.”

11.  Pennsylvania Association of Retarded Citizens
(PARC) v. Commonwealth of Pennsylvania

12.  Pennsylvania Association of Retarded Citizens
(PARC) v. Commonwealth of Pennsylvania
 BACKGROUND:
 In the State of Pennsylvania, a statute required that
all children who attended public school had to perform
to a certain level to be found eligible for public
school.
 Children could be legally excluded from school if:
 They had not attained the mental age equivalent of
5 years by the chronological age of 8 years.
 They were found not to “profit” from public school.

13.  BACKGROUND (continued):
 Children with mental retardation were routinely denied
school, based on their “ineligibility.”
 Parents of “ineligible” children had several options.
They could…
They could send their child to private school
Keep their children at home and provide care without
sending them to school
They could hire a private tutor
They could institutionalize their child

14.  CLASS ACTION LAWSUIT:
 PLAINTIFFS - PARC brought a class action lawsuit
in federal district court on behalf of all children
with Mental Retardation in the State of
Pennsylvania, ages 6-21.
 DEFENDANTS – 13 school districts currently in the
state, the State Board of Education and the State
Secretaries of Welfare and Education

15.  ISSUES:
 Did the statutes in Pennsylvania deny the plaintiffs due process &
equal protection?
 If the state had undertaken to provide education, did it have the
right to deny education to the plaintiffs?
 Is a label or categorization given to a person a reason to preclude
due process & equal protection?
 Did the statutes in Pennsylvania deny the plaintiffs due process &
equal protection?
 If the state had undertaken to provide education, did it have the
right to deny education to the plaintiffs?
 Is a label or categorization given to a person a reason to preclude
due process & equal protection?
 Were the 14th and 5th Constitutional Amendments being infringed
upon?

16. PLAINTIFF’S ARGUED:
 The state’s statutes offend due process
because they lack provision for notice & a
hearing before a child with retardation is
excluded from public school
 The state’s statutes presumption that retarded
children are uneducable & untrainable lack a
basis in fact
 The states statutes arbitrarily & capriciously
deny educational rights to children with
retardation.

17.  DEFENDANTS ARGUED:
 13-1375: relief of obligation to educate children found
to be uneducable and untrainable in the public schools
 13-1304: allows school directors to refuse to accept or
retain any child who has not attained a mental age of 5
years
 13-1330: excused any child from compulsory school when
so approved by a certified person who found that child
unable to profit from further school attendance
 13-1326: compulsory school age to be 8-16.
 Administrative & financial burden on school systems.

18.  COURT’S FINDINGS AND ORDERS:
 Failure to provide access to public school violates the equal
protection clause of the 14th Amendment
 Failure to provide notification to parents regarding
evaluation (as it leads to denial of education) is a denial of
due process, the 5th Amendment
 School districts were required to identify & start teaching all
children with mental retardation.
 School districts were to develop evaluation for most
appropriate placement.
 The State Department of Education was required to submit
plans describing available programs, financial arrangements,
and teacher recruitment & training efforts to provide
education.
 Children under 6 years old were to be included for services
by September 1, 1972.

19.  A History of Special Education Legislation
 1975 – PL 94-142
The Education for All Handicapped Children Act (EAHCA)
 1986 - Amendment to PL 94-142
The Handicapped Children’s Protection Act
 1990 – PL 94-142 completely changed to PL 101-476 (IDEA)
Individuals with Disabilities Act (IDEA)
 1997 – IDEA Revised
Individuals with Disabilities Act (IDEA)
 2001 – PL 107-110
No Child Left Behind Act (NCLB)
 2004 – PL 108-446 - Aligns IDEA ‘97 with NCLB
Individuals with Disabilities Education Improvement Act (IDEIA)

20.  4 Parts
 Part A: General Provisions
 Part B: State Eligibility – School Aged Children
 Part C: Early Intervention – Infants & Toddlers
with Disabilities
 Part D: National Educational Activities to Help
Children with Disabilities

21. FREE
APPROPRIATE
PUBLIC
EDUCATION

22.  Special education and related services are
provided:
 At public expense
 Under public supervision and direction
 Without charge to the parent or guardian
 Children with disabilities are provided:
 Modifications
 Accommodations
 Support services under their Individual Education
Plans (IEPs)
www.ncld.org

23.  LEA’s must provide a program that:
 Complies with the procedural requirements of
IDEA
 Addresses the child's unique needs as identified
by evaluations, observation, and the child's
educational team
 Is coordinated to ensure the child is able to make
adequate progress in the educational setting
www.ncld.org

24.  Definition: Placement of students
with disabilities in the general
education classroom with peers without
disabilities
 Although placement in the general education
classroom may be the LRE for some students
with disabilities, it is not required in all cases
 IDEA requires mainstreaming or inclusion when
the general education classroom setting can
provide an “appropriate” education

25.  Classrooms that focus on academic, cultural,
linguistic and social differentiation
 Teachers adapt to students
 RTI and PBIS strategies are implemented
 Friendships
 Increased social initiations, relationships
and networks
 Peer role models for academic, social and
behavior skills
 Greater access to general curriculum
 Greater opportunities for interactions
 Increased parent participation
 Families are more integrated into community

26.  Misinterpretation of the Law
 Teacher/Administrator Training
 Class Sizes
 Budget Cuts
 Tier 2 and 3 of RTI Implemented Incorrectly
 Student Level of Need too Significant

27.  IDEA Definition: Children with disabilities
should be educated to the maximum extent
“appropriate” with children who are not disabled.
 Great district-to-district and state-to-state variation
in how the LRE principle is operationalized:
 Alabama, New Hampshire, Tennessee, and Vermont:
 Over 40% of students with intellectual disabilities spend 80% of the
day in general education classrooms
 Alaska, Arizona, California, Florida, Hawaii, Nevada, New
Mexico, New York, and Rhode Island:
 Between 70% and 80% of students with intellectual disabilities spend
less than 40% of their day in general education classrooms or attend
separate schools
(30th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2008).

30.  Modified Consent Decree (revised in 2003):
 Home School Placement
 The District will ensure that the percentage of students with
disabilities of specific learning disabilities (SLD) and speech and
language impaired (SLI) in their home school does not fall below
92.9%
 Timely Completion of Evaluations
 90% of all initial evaluations shall be completed within 60 days.
 95% of all initial evaluations shall be completed within 75 days.
 98% of all initial evaluations shall be completed within 90 days
 Complaint Response Time
 The District will provide lawful responses to parents filing
complaints in accordance with the following performance
standards:
 25% will be responded to within 5 working days
 50% will be responded to within 10 working days
 75% will be responded to within 20 working days
 90% will be responded to within 30 working days

32.  Prior Written Notice
 Parent Consent
 Non-Discriminatory Assessment
 Independent Educational Assessments
 Access to Educational Records
 Due Process

33.  Procedural Violations
 Insufficient notice
 Failure to obtain parental consent
 Denial of independent educational evaluation
 IEP problems
 Denial of request to view student records
 Denying Services Due to Cost
 Inflexibility/Predetermination
 Giving into Inappropriate Parental Demands
 Acting on Principle Rather than Reason
 Irrational Behavior Based on Anger
 Procrastinating

34.  I encounter three types of administrative designee’s
in IEP meetings:
 THE TORTURED SOUL: This is the administrative
designee that really wants to help but is stuck between
doing what’s right for the child and keeping her
employer happy.
 THE SMILEY FACE: This is the administrative designee
that remains smiling throughout the entire meeting and
is all business. They have a job to do and want to get
that job done as quickly and painlessly as possible.
 THE INTIMIDATOR: This is the administrative designee
that runs the IEP meeting with an iron fist. Their
demeanor is sour and threatening and is meant to limit
input from the parents; the rarest of administrator.
Doug Goldberg, Special Education Advocate
www.specialeducationadvisor.com

35.  DEFINITION: When the school/district makes unilateral
decisions prior to an IEP meeting and then refuses to listen
to parental input during the meeting.
 Predetermination can be proven by:
 The School District making few and no substantial changes
reflecting parent input from the draft ones they provide
 The School District having a pattern of doing the same IEP
categorically or maybe just at a specific school
 The School District failing to identify any substantive reason or
data in the prior written notice given the parent for refusing
parent requests
 Recorded admissions that this is the way it is going to be
whether the parent likes it or not

36.  Requests for due process must be filed within 2
years of the date the alleged actions took place
 A resolution session must take place within 15
days of the request for due process
 If the matter is not resolved within 30 days, the
due process may occur
 If the concern is in regards to placement, a STAY
PUT order goes into effect
 Attorneys’ fees are decided at due process
hearings
 Decisions at Due Process Hearings are final and
binding

37.  How do parents request a due process hearing?
 Parents need to file a written request for a due process
hearing. Parents or their lawyers need to submit the
following information in your request:
 Name of the child
 Address of the residence of the child
 Name of the school the child is attending
 In the case of a homeless child, available contact
information for the child and the name of the school the
child is attending
 A description of the nature of the problem, including facts
relating to the problem(s) and a proposed resolution of the
problem(s)
 Federal and state laws require that either party filing
for a due process hearing must provide a copy of the
written request to the other party.

39.  Request for Special Education Evaluation
 Request to Amend the Current IEP
 Request a Meeting to Discuss Non-Compliance with Current
IEP
 Request a New Service Due To Non-Compliance with
Current IEP
 Request a Meeting to Discuss Change of Placement
 Request Assessments Prior to IEP Meeting
 Notice of Tape Recording at IEP Meeting
 Request an Independent Education Evaluation
 Request to Reschedule an IEP Meeting

41.  Child is identified as possibly in need of special
education services
 Child is evaluated
 Eligibility is decided
 Child is found eligible
 IEP Meeting is scheduled
 Initial IEP is held and written
 Services are implemented and provided
 Progress is monitored and measured
 IEP is revisited on an ANNUAL basis
 Eligibility is revisited on a TRIENNIAL basis

42.  Initial IEPs
 Annual IEPs
 Triennial IEPs
 30-Day IEPs
 Amendment IEPs
 Exit IEPs

43.  Child!
 Parents/Guardians
 General Education Teacher
 Special Education Teacher
 A District Representative
 Personnel who have assessed child
 Other Individuals at Discretion of
District/Parents

45.  IDEA: Each public agency must take steps to ensure that one
or both of the parents of a child with a disability are present
at each IEP Team meeting or are afforded the opportunity to
participate.
 This includes:
 Notifying parents of the meeting early enough (usually by
mail) to ensure that they will have an opportunity to
attend.
 Scheduling the meeting at a mutually agreed on time and
place.
 IEP Invitations:
 List participants of the IEP team
 Parents can request a translator
 Parents can request a different time or place
 Parents can designate others to join the IEP or attend in
their place

46.  Consent Forms Include:
 Signature of all attendees at the IEP meeting
 Record a parent’s consent (signature) to the IEP
 Record the district’s efforts in parent facilitation
 Parent can outline parts of the IEP that they do not
consent to
 PARENTS DO NOT HAVE TO SIGN THE IEP
CONSENT FORM RIGHT AWAY
 PARENTS DO NOT HAVE TO SIGN THE IEP
CONSENT FORM AT ALL IF THEY DO NOT AGREE
WITH THE IEP

47.  An Overview of the Child’s Strengths
 The Parent’s Educational Concerns
 The Student’s Educational Concerns
 Results of Recent Evaluations
 Results of District/State-Wide Performance
Assessments

48.  Present levels of academic achievement and functional
performance
 A statement of the child’s eligibility/disability category
 Measurable annual goals, including academic and functional goals
 Special education and related services and supplementary aids
and services to be provided to the child
 Accommodations/Modifications on State and district wide
assessments
 The projected date for the beginning of the services and
modifications including the frequency, location and duration of
those services
 By no later than the child’s 16th birthday an Individual Transition
Plan
 measurable postsecondary goals,
 independent living skills

49.  Related services help children with disabilities benefit from
their special education by providing extra help and support in
needed areas.
 Related services can include, but are not limited to, any of
the following:
 speech-language pathology and audiology services
 interpreting services
 psychological services
 physical and occupational therapy
 recreation, including therapeutic recreation
 early identification and assessment of disabilities in children
 counseling services, including rehabilitation counseling
 orientation and mobility services
 medical services for diagnostic or evaluation purposes
 school health services and school nurse services
 social work services in schools
 parent counseling and training

50.  Supplementary Aids and Services can be offered
if the child needs:
 Supports to address environmental needs
 A different level of staff support
 Specialized equipment
 Supports to address the pacing of instruction
 Supports to address the presentation of instruction
 Specific Materials
 Modified Assignments
 Self-management skills
 Supports during testing or in the testing environment
 Social Skills & Interactions Training
 Personnel to be trained in a certain way

51. SMART GOAL: At the end of the first
semester, Mark will touch-type a
passage of text at a speed of 20
words per minute, with no more
than 10 errors, with progress
measured on five-minute timed tests
each week.
BASELINE: Mark is enrolled in a
computer class and needs to improve
his typing skills. Currently, he types
7 to 10 words per minute.

52.  Welcome
 Introductions
 Discussion on how to include the child (if not already previously established)
 Parent Rights and Procedural Safeguards: Check for understanding
 Purpose of the meeting
 Child’s Strengths
 Parent’s/Student’s Educational Concerns
 Present levels of performance
 Proposed Goals and Objectives based on need
 Accommodations and Modifications
 Discussion of the extent special education services or specialized academic
instruction needed for student to make progress on goals
 Discussion of ESY, if necessary
 Recommendations
 Supports and Services offered by District
 District offer of FAPE
 Signatures
 Consent

53. “You can tell whether a person is clever by
their answers. You can tell whether a person is
wise by their questions.”
(Naguib Mahfouz, Nobel Prize Winner for Literature)

54.  START AT THE VERY BEGINNING:
 1.) Update your child’s present level of
performance
 2.) Write multiple goals for every area of need
including all of the components
 3.) Use the present levels of performance and
goals to justify additional services
 THE GOLDEN RULE: Needs Drive Goals and
Goals Drive Services