IEP RESOURCE GUIDE INTRODUCTION TO AN IEP 2/25/08
What is an IEP? Those letters refer to an Individualized Education Program, which is
required by IDEA (Individuals with Disabilities Education Act), a federal law. This is
the law that guarantees a Free Appropriate Public Education (FAPE) for all children with
disabilities who need special education and related services.
Who is covered by an IEP? A child with a disability aged 3 through 22 (if a student
turns 22 during the school year, that student is allowed to finish the year) is eligible, if
that child needs special education and related services. Preschool services are based upon
the needs of the child and are not necessarily provided for a full day. A child must have a
disability and must need special education and related services in order to qualify for
an IEP. After high school, there is no requirement for services.
Why do some children with disabilities need an IEP? The purpose of an IEP is to
provide the necessary assistance to allow a child to participate and progress in the regular
education environment. The accommodations and modifications on an IEP help to level
the playing field and do not provide an advantage to children with disabilities.
How is an IEP developed? An IEP is developed by a team, which includes the parents,
a special education teacher, a regular education teacher, someone to explain evaluation
results, and a school representative. If related services are involved (speech,
occupational/physical therapy, etc.), then those persons are also included. The child with
the disability is also invited, especially at age 14 and older. An IEP is revised and
rewritten annually, although it may be amended at any time. Parents are members of the
team that writes the IEP and play an active role in the process, working together with
teachers and other service providers (speech therapists, occupational therapists, etc.).
Autism Society of North Carolina 1 A few important terms from the federal law, Individuals with Disabilities Education Act
(IDEA):
FAPE: free appropriate public education LRE: least restrictive environment IEP: Individualized Education Program
There are numerous procedures and policies affecting IEPs; IDEA sets the minimum
standards, while the NC Polices Governing Services for Children with Disabilities
specifies the standards for North Carolina. In some cases, NC policies are even more
comprehensive than IDEA (for example, in requiring a transition plan at age 14 instead of
the federally-mandated age of 16). RESOURCES: http://idea.ed.gov/explore/home http://www.ncpublicschools.org/ec/ Wrightslaw: Special Education, 2 nd Edition Autism Society of North Carolina 2
FREQUENTLY ASKED QUESTIONS:
1. Do I have to sign the IEP? While you do not have to sign, your signature merely indicates that you were present and participated; if you disagree, you can note on
the form that you disagree and with which parts. The form says present and
participated in the writing and development of the IEPdont you want it
known that you were there and helped? 2. Who is on the IEP team; is there a leader; do we vote in case of disagreements? The IEP team is composed of the following people: the parents,
the child with the disability (whenever appropriate, but especially at age 14 and
above), at least one special education teacher (EC teacher), at least one regular
education teacher, someone who can interpret evaluation results, and the LEA
(Local Education Agency, or school representative). If related services are
involved (speech, occupational/physical therapy, etc.), then those persons are also
included. The LEA must be someone who can: provide or supervise special
education, is knowledgeable about the general education curriculum, and is
knowledgeable about the availability of resources of the school district (and can
commit them). While someone from the school will conduct the meeting, there is
no leader of an IEP team. All decisions are made by consensus (meaning all
team members should agree or at least consent to the decision)this is not a
voting situation! In some cases, the school district may adamantly refuse a
request, in which case it is time to consider other means of resolving the
disagreement.
3. Can the parents bring someone with them to an IEP meeting? Yes. In fact, we often recommend that parents have someone with them for moral support; it
can be anyone with knowledge or expertise regarding the child (DPI Policies).
An IEP meeting can be an emotional time, and it is very helpful to have someone
who can observe the interactions, take notes, and be supportive.
4. How do I change my childs placement? It is a common misconception to confuse placement with location. In special education, placement refers to the
type and amount of special education services that a child receives, not the
location or the specific type of the classroom. When considering which parts of
the day that a student can spend with non-disabled peers, dont forget lunch,
recess, morning announcement time, and specials (art, music, P.E., foreign
language). From that point, it is a matter of calculating the minutes spent in the
regular education class to determine whether the placement is Regular, Resource
or Separate (see the separate sheet with examples). The type of classroom is not
changed by the IEP team, but the amount of special education services is. Autism Society of North Carolina 3 5. Can I call an IEP meeting; how long do I have to wait; what if the school wants to meet at a time when I cant meet? Before scheduling an IEP meeting,
try a conference with the teacher. However, any member of the IEP team can
request a meeting; its always a good idea to make this request in writing, offer
several times/dates when you are available, and request a response within some
reasonable time. Be sure to follow up your request with a letter if a meeting is not
scheduled. Meetings should be scheduled at mutually agreed upon times; it is
reasonable to expect a meeting within about 10 days. Remember there are
alternate ways of attending meetings (telephone/video conferencing).
6. What do I do if I disagree with the IEP? You have several options, ranging from further discussions to a lawsuit. It is usually advisable to start with the least
confrontational method and proceed from there. a. Call another IEP meeting and bring someone with you; you can record the meeting if you notify the school (they will also then record it). b. Request a facilitated IEP meeting; the Department of Public Instruction (DPI) will provide a person to run the meeting, free of charge. This
person is not involved in the discussions other than to manage the process;
they keep people on track, focused, and civil. c. Call DPI and lodge either an informal, verbal complaint (alleging a violation of law) or a formal, written complaint. These are investigated
and resolved within 60 days. The school will be contacted, as will the EC
Director for the school system. There must be a specified violation of
either IDEA or NC Policies: a denial of a free and appropriate public
education, refusal to educate in the least restrictive environment, or failure
to implement the IEP, for example. However, DPI will not investigate if
the complaint is about a poorly written or ineffective IEP. d. Request mediation, also through DPI and free of charge. An impartial mediator will contact both parties (parents and school) to hear their
positions, and then schedule a meeting to attempt a compromise.
Typically, this process results in an agreement. e. The last resort is to file for a due process hearing, a legal method. This must also be filed with DPI, the Office of Administrative Hearings and the
school systems Superintendent or the Exceptional Childrens Director.
The statute of limitations for filing due process is one year; it can take
quite some time to investigate and adjudicate. The paperwork is very
detailed and must follow strict procedures as well. As with complaints to
DPI, the reason must be related to the identification, evaluation or
educational placement of a child with a disability, provision of FAPE or a
manifestation determination. f. For more detailed information on these options, please see DPI at http://www.ncpublicschools.org/ec/policy/dispute Autism Society of North Carolina 4 7. What if I disagree with the school systems evaluation/determination of eligibility? If you disagree with the evaluation conducted by the school system or
the determination of eligibility, you can request (in writing) an independent
evaluation, to be paid by the public school system. The school system must agree
to this (or file for a due process hearing) and provide for it promptly. While the
school system may ask for a reason, they may not require one. Only one
independent evaluation may be requested each time evaluations are performed.
8. How often does the school system have to reevaluate my child/what if the school system tells me that my child does not need to be reevaluated? The
reevaluation process must occur at least once every 3 years, but not more than
once per year (NC Policies are available at http://www.ncpublicschools.org/docs/ec/policy/policies/2007policies.pdf ). During this process, the IEP team reviews the information available about the
child: the team can decide that no further information is needed in which case no
evaluations are performed. A reevaluation can be performed to assess only a
related service area (speech, OT, etc.), or to determine continued eligibility, or it
can be a comprehensive assessmentthe IEP team decides the scope. The school
must reevaluate if the parents or the teacher request additional data. However, the
school may skip the reevaluation if the IEP team agrees that the information is not
needed. Given that everyone changes, it makes sense to reevaluate at least every
3 years. It is a particularly good idea to have high school seniors evaluated well
before they graduate. There is no timeline for performing a reevaluation, although
it is supposed to happen in a timely manner.
9. Who writes the goals and how? You can help write the goals for your child by using the Standard Course of Study (or Extended Content) on the Department of
Public Instruction website ( http://www.ncpublicschools.org/curriculum or http://www.ncpublicschools.org/curriculum/ncecs ); you can then bring your draft IEP to the meeting. The goals are usually written in the IEP meeting by the IEP
team: the parents, the EC teachers, the LEA (school representative), the regular ed
teachers and any related service providers (OT, speech, etc.). Often, the EC
teacher will write a draft IEP in advance to save time and have a starting point. It
is helpful to ask for the draft prior to the actual meeting so that you can review it.
The goals are based on the childs educational and functional needs; this
information should follow from the Present Levels of Educational Performance.
The goals should also align with the North Carolina Standard Course of Study for
the appropriate grade level of the child (see http://www.ncpublicschools.org/curriculum/ for a listing) and address any parent concerns. For each area of need, there will be a separate page; on it will be a
statement of the Present Level of Educational Performance (which includes
specific information about the childs performance), an Annual Goal, and Short
Term Objectives. The Annual Goal is a broad statement of what the child needs
to accomplish by the end of the year that the IEP encompasses, while the Short
Term Objectives are the steps needed to achieve that goal. The federal IDEA 04 Autism Society of North Carolina 5 has eliminated the requirement for short term objectives, so it is only mandatory
for children who take alternate assessments (EXTEND 1, 2 or NCCLAS). As of
January 2008, most school districts are keeping the short term objectives for now.
10. What happens to an IEP when a family moves from one area of NC to another? If a child moves from one part of NC to another, the new school
system must provide comparable services (meaning similar to the old school
systems). While the new school system may call an IEP meeting to make some
changes, based on their observations of the child, the old IEP is in effect until that
time. Autism Society of North Carolina 6 TIPS
Did you know that a school system has a specific timeline it must follow when a parent of
a child asks for an initial evaluation? If a parent suspects that their child might be a child
with a disability and requests an evaluation in writing, the school system has 90 days to: a. Perform an evaluation of the child, especially in the area of the suspected disability (for autism, specific required screenings and
evaluations must be performed) b. Decide whether the child is eligible for special education services
c. Meet to present their results to the parents
d. Complete an IEP if the child does have a disability
e. Begin to provide special education services
All assessments and other evaluation materials should be administered in the childs
native language or other mode of communication and in the form most likely to yield
accurate information on what the child knows and can do academically, developmentally,
and functionally. ( http://idea.ed.gov )
Did you know that a child moving from another state must be provided special education
services? The school system is required to provide comparable services while
beginning the process of evaluation and placement. Although the school system must
base its services upon the previous states IEP, the child is treated as newly referred to the
special education process. This means that the school system has 90 days in which to
administer the evaluation assessments (if the IEP team decides that new evaluations are
needed; NC can accept the previous states evaluations), write a new IEP, decide on the
placement (amount of special education services) and begin to provide those services.
Did you know that all members of the IEP team do not have to be present at all
meetings? If the parents (in writing) and the school agree, a member of the IEP team can
be excused from attending under two circumstances: 1. The team members area of curriculum or related services is not being discussed or modified during that meeting, OR 2. The team member submits written input into the development of the IEP prior to the meeting.
Did you know that an IEP can be amended without holding an IEP team meeting? After
an IEP has been written for a school year, the parents and the school can agree to make
written changes to the annual IEP without a meeting. If this is done, then the entire IEP
team must be notified of the changes. The parents must request a revised copy of the IEP
with the amendments included.
Did you know that an IEP team member does not have to be present in the room to be a
part of the meeting? IDEA 04 permits video conferencing and conference calls as
alternative forms of meeting; this may be especially helpful to parents who cannot leave
their work or home to attend. Autism Society of North Carolina 7
Did you know that the school and the IEP team can change an IEP without the parents?
If a school has tried and cannot reach the parents, or the parents do not show up for a
scheduled meeting, then the school can proceed with the IEP meeting and make changes
(but the school must document their attempts to contact the parents).
Did you know that children who are placed in a private school by their parents are
entitled to some special education services? The private schools, including religious
schools, must meet certain criteria to be defined as elementary and secondary schools.
Also, changed in IDEA 04, those services must be provided where the private school is
located (not where the parents reside). However, the services provided may be limited in
scope and often are limited to speech therapy. Each school system apportions funds for
this expense category differently; ask how the system spends its 6B Grant money.
Did you know that a child should have some sort of Behavior Intervention Plan (BIP) if
the IEP indicates that he/she has behaviors that impede the learning of his/hers or that of
others? If a child has behaviors that affect his/her learning, then there should be a
process for addressing those behaviors and replacing them with more acceptable ones. A
Functional Behavior Assessment (FBA) and a Behavior Intervention Plan can be useful
tools to analyze the function (or purpose) of behaviors and develop effective plans for
changing them; both of these are developed by the IEP team and become a part of that
document. Please see our Suspension Resource Guide for details.
Did you know that the list of accommodations and modifications on the IEP form is not
all-inclusive? The parents and teachers can suggest other creative ways to support the
student and the teacher. Guided notes, a second set of textbooks to be kept at home, and
teacher-produced class notes are some examples.
Did you know that a child cannot have the diagnosis of Developmentally Delayed by 3 rd grade? By the age of 8, or upon entering 3 rd grade, a child must be reevaluated and receive another diagnosis. Often, these children are diagnosed with autism (which
includes PDD-NOS, Aspergers Syndrome, etc.).
Did you know that the Area of Eligibility on the IEP can be marked differently? While
most students with autism will have Autistic marked, some children have other
conditions (for example, cystic fibrosis or a mental illness). For children under 8 years
old, Developmentally Delayed may be marked. The next section, Additional Areas of
Need, can be used to note co-existing, secondary conditions such as ADHD, Specific
Learning Disabilities, etc.
Did you know there are ways to get more time/more help for your child? The amount and
type of assistance that a student receives is determined by the needs as documented on
the IEP. If you have concerns that your child has greater needs than are being addressed
by the IEP, you would want to gather data to justify your claim: review any past IEPs,
EOG or EOC scores, and district assessment scores, for example. Some questions to
consider: has your child made sufficient progress on the Annual Goals in the past? Could Autism Society of North Carolina 8 your child spend more time with nondisabled peers (Least Restrictive Environment), but
lacks the support to do so? In requesting additional educational support for a student,
remind the IEP team that your child needs this in order to be successful and make
progress on the IEP Annual Goals; a school system should not use staffing, scheduling or
finances as reasons for denying assistance (whether of personnel or materials). It may
also be helpful to remind the team that additional supports are sometimes needed initially,
but can be faded over time as the student learns the skills necessary to become more
independent.
Did you know that not all children with autism (or other disabilities) will qualify for an
IEP? IDEA only provides coverage for a child with a disability who, by reason thereof
needs special education and related services. For a child with a disability who does not
need special education, a Section 504 plan may be an option. Section 504 of the
Rehabilitation Act of 1973 provides protection from discrimination based upon a childs
disability, if that disability substantially limits a major life activity (such as talking,
walking or learning). Any facility which receives federal assistance is covered by this
civil rights law; complaints about a Section 504 Plan must be filed with the Office for
Civil Rights in Atlanta, GA.
Did you know that not all disputes with the school system have to involve an attorney?
If there are disagreements that cannot be resolved by the IEP team, consider the options
available through the Department of Public Instruction (DPI): formal complaints,
facilitation, mediation, and due process hearings. Once an attorney begins to represent a
parent/child, the school system must also engage their attorneywhich means that the
school system will no longer speak directly to the parents. The situation can become
more volatile, more antagonistic, and less open to negotiation. Consider also what your
goals are: what do you hope to gain by legal action? Will your child benefit, or will the
process take longer than your child will be in that situation?
Autism Society of North Carolina 9
WHAT IS AN IEP?
IEP = Individualized Education Program. It is required by IDEA (Individuals with Disabilities Education Act), a federal law that was reauthorized in 2004. As stated in the law, the purposes are to ensure that all
children with disabilities have available to them free appropriate public education that
emphasizes special education and related services designed to meet their unique needs
and prepare them for further education, employment, and independent living.
The purpose of an IEP is to provide the necessary assistance to allow a child to participate and progress in the regular education environment.
WHO IS COVERED BY AN IEP?
A child with a disability aged 3 through 22 (if a student turns 22 during the school year, that student is allowed to finish the year) is eligible, if that child needs special
education and related services. Preschool services are based upon the needs of the child
and are not necessarily provided for a full day. The location also depends upon the
availability of openings (some openings are in preschools contracted by the school
system to provide services).
Child with a disability is defined specifically to mean a child with a disability who, by reason thereof needs special education and related services.
WHAT SHOULD BE THE PROCESS OF WRITING AN IEP?
Basic steps: 1. When either a parent or a teacher suspects that a child might have a disability, a written request should be made to the special education teacher, a regular
education teacher or the principal, requesting an evaluation. If a teacher
initiates the request, the school system must attempt to obtain informed
consent from the parents. Once the written request has been turned in to the
school, the school system has 90 days to: a. Perform an evaluation of the child, especially in the area of the suspected disability (for autism, specific required screenings and
evaluations must be performed) b. Decide whether the child is eligible for special education services
c. Meet to present their results to the parents
d. Complete an IEP if the child does have a disability
e. Begin to provide special education services 2. An Invitation to Conference is sent to the parents (hopefully about ten days in advance), stating the purpose of the meeting, date/time, and who will be
present. This should be returned promptly to the school with alternate
dates/times if the listed one is not convenient; it should be at a mutually
agreed upon time. 3. The teachers (regular and special education) should collect information indicating the students Present Level of Performance. An IEP must include
a statement of the childs present level of academic achievement and
functional performance including how the childs disability affects the childs
involvement and progress in the general education curriculum Autism Society of North Carolina 10 4. Under Consideration of Special Factors, the first two areas are especially important: Students overall strengths and Parents concerns. Given the
extremely small space for comments, we recommend that parents write see
attached in this space and attach a brief summary of your childs strengths as
well as your concerns. Each child has areas of strength, and some of these
will not be apparent in the school environment. This is your opportunity to
share these with the school; perhaps your child appreciates dry humor, or is
very creative. If your child has autism, then you must have some concerns
about their education, their social skills, or their ability to function in the
school and outside the school. 5. For each area of need, the team must write a statement of measurable annual goal, including academic and functional goals, designed to meet the childs
needs that result from the childs disability to enable the child to be involved
in and make progress in the general education curriculum For example,
there might be a page with math goals, another for reading, another for
organization, another for social skills, etc. 6. While each school district may use a different IEP form, the information included must be the same as on the IEP from the DPI website
( http://www.ncpublicschools.org/ec/policy/forms/statewide/ ). The IEP team will proceed through the form, filling out the sections as needed. Many
Exceptional Children teachers will have completed a draft IEP in advance (be
sure to ask for it prior to the meeting so that you can review it in advance);
you can always make changes as you discuss the form in the IEP meeting. 7. Section IIILeast Restrictive Environment (LRE) considers the accommodations and modifications that the child will need. While the current
IEP form on the DPI website lists a variety of possible accommodations,
future IEP forms will have a blank area. These are the supports that the child
will need in order to access the regular education curriculum; they do NOT
offer an advantage, they merely level the playing field. 8. Next, the IEP team considers where the child can participate in the regular education environment: for which classes or times can the child be with non-
disabled peers? For each class/activity, the team must also list which of the
above accommodations are needed in that class/activity. For example, if the
child will be in the regular education classroom for reading, it must be marked
if the child needs graphic organizers, read aloud, etc. 9. The section on testing lists which accommodations will be used, which test type will be taken, and why alternate assessments might be appropriate. 10. The placement (LRE), the accommodations/modifications, and the type of testing all help decide the amount of special education services the child needs
(frequency and location of services). This will determine what type of
classroom the child is placed in: regular education, resource or separate (there
are others as well). The special education services can be listed as sessions
per week, per month or per reporting period; the location can be either in a
special education classroom or in the total school environment (in a regular
ed. classroom). Autism Society of North Carolina 11 11. Now for the discussion about the type of classroom; this should follow the previous sections on the least restrictive environment, the accommodations,
the type of tests taken, and the frequency and location of services. It should
NOT precede those discussionsit is not acceptable to discuss the type of
classroom before discussing the type of services needed, although that mistake
is not uncommon. The decision between Regular, Resource and Separate is
primarily a mathematical one: how many minutes will the child spend with
non-disabled peers, and how many minutes will the child spend in a separate
classroom? Each of these three categories requires a certain percentage of the
school day (6.5 hours for most elementary students) to be spent with non-
disabled peers (Regular 80% or more; Resource 40-79%; Separate 39% or
less). The team is also required to explain why the student is removed from
non-disabled peers, as well as how and when parents will be informed of the
students progress toward the annual goals (must be at least as often as regular
education reports). 12. Eligibility for extended school year is the next area; there are specific requirements in order to qualify for this service. A student might be eligible
if: a. Educational regression over the summer is significant and takes longer than nine weeks to recover, or b. An important skill (such as toileting) is emerging, and the long summer break could result in the loss of the skill, or c. An important skill (such as reading) is likely to be lost without the reinforcement and consistency of school. 13. Finally, the IEP team must sign to signify that the following were present and participated in the development and writing of the IEP. Only those who
were present and participated should sign (not someone who was in the room
for only a brief time). Signing does NOT mean that you agree with
everythingyou can note your objections in the margins, if you have very
strong objections. If you dont sign, there is no concrete evidence of your
presence besides informal minutes; if you think you might lodge a complaint
or protest, it might be useful to make it clearly known that you were present. 14. At the very end of the meeting, be sure to review the minutes that were taken for accuracy (especially if there was a conflict of opinion). Do not leave an
IEP meeting without a copy of the IEP, a copy of the minutes, and copies of
any other papers that were discussed.
See a sample IEP form, from DPI website
( http://www.ncpublicschools.org/docs/ec/policy/forms/english/dec4-form.pdf ) Autism Society of North Carolina 12 LEAST RESTRICTIVE ENVIRONMENT
PLACEMENT
Based on a 6.5 hour school day (390 minutes)
Regular Classroom: 80% or more of the day with non-disabled students
LEAST RESTRICTIVE 80% = 312 minutes (5 hours, 12 minutes) or more with non-disabled students Example: A student in the Regular placement would receive special education
services for 20% (78 minutes or 1 hour, 18 minutes) or less of the day.
Resource: 40% - 79% of the day with non-disabled students
40% = 156 minutes (2 hours, 36 minutes)
79% = 308 minutes (5 hours, 8 minutes) Example: A student in the Resource placement would receive special education
services between 21% (82 minutes or 1 hour, 22 minutes) and 60% (234 minutes
or 3 hours, 54 minutes) of the day.
Separate: less than 39% of the day with non-disabled students
MOST RESTRICTIVE 39% = 152 minutes (2 hours, 32 minutes) Example: A student in the Separate placement would receive special education
services for 61% (238 minutes or 3 hours, 58 minutes) or more of the day.
Note: Rounding errors exist. When daily schedules vary during the week, it might be
necessary to look at placement based on a weekly time frame instead of a daily time
frame. Autism Society of North Carolina 13 Autism Society of North Carolina 14 General Testing Modifications for Students with Autism:
These modifications to tests and testing situations have been used effectively with
elementary to college age students with autism. It will be helpful for students to have a quiet place free from distractions where they can complete the test. If needed, there should be extra time allotted for taking breaks, asking questions or for just working on the test. It may be necessary to have part of the test be oral or completed on a computer (e.g. essays) if the student has fine motor problems. Break down the sections of the test so that the student does not feel overwhelmed. It may be necessary to cut up or separate the test into parts or put pages into
folders that are completed and then placed into a finished envelope or folder.
Number the sections so that the student knows in what order to complete the test. The parts of the test can be organized in a pocket folder with the left pocket where they get the work that needs to be done and the right side where they deposit the
finished portions of the test. Highlighting the directions or key words is a visual cue that helps the student get started and focus their attention on what they need to do to complete the test. It will be helpful for students to have extra written directions or reminders to ask questions if they need help, e.g. If you have a question raise your hand or attach
a reminder to the students desk. If the student needs to take breaks make sure that they know (write it down) that there is a limit to how many they can take and how long the breaks are. The
student should know this ahead of time. Breaks can consist of getting a drink, using the bathroom, stretching, deep breaths, whatever is useful to the student and appropriate to the situation. It will
be helpful to have these parameters written down for the student to refer to during
the testing period. Timers can be used to help a student know when their break is
up and it is time to get back to work. Any test event should appear on a students daily schedule and/or calendar. If the test is going to be given over a period of several days then the student should be
made aware of this. It will help some students to have the areas of the test written down for them and then they can cross off those they have finished. This gives them some visual
information about how much they have left and what they need to do. The student should have a container with pencils, ruler, calculator, erasers, extra paper, copy of schedule, guidelines for taking the test. Prepared by Barbara Bianco, Chapel Hill TEACCH Center