The process of developing an IEP (Individual Education Plan) can be highly complex and overwhelming. Listed below is a breakdown of the steps involved in the creation of an IEP.

Step 1: Identification

            A student is identified as needing an evaluation by either a school professional or a parent. The referral can be in the form of a written or verbal request. Parental consent is required for an evaluation.

Step 2: Evaluation

            The purpose of the evaluation is to determine whether the child has a disability according to IDEA, whether special education is required, and which services are needed for the child to succeed academically. Evaluations are conducted by a multidisciplinary team consisting of professionals who have expertise in each of the identified areas of concern.  For example, if there are concerns regarding fine motor skills or sensory processing, an occupational therapist would be involved.  If there were concerns about the child’s hearing, and audiologist would evaluate). Parents can submit an independent evaluation that was done privately by a professional with no relationship to the school system. In most cases, this would be paid for by the parents.

Results of the evaluation will determine the child’s eligibility for special education and related services according to IDEA. If the child’s parents disagree with the findings, they can request an Independent Educational Evaluation (IEE) and ask that the school system pay for it.

Step 3: Eligibility Meeting

            Based on the results of the evaluation, a group of professionals, including those who evaluated the child, and the child’s parents attend a meeting to determine the child’s eligibility for services under the IDEA. If the child’s parents disagree with the outcome of the meeting they can request a hearing to challenge the results.

Step 4: Eligibility for Services

            If the child is found to be a “child with a disability”, he/she becomes eligible for special education and related services, such as occupational, physical, and speech-language therapies. The IEP team has 30 calendar days (even during the summer months and vacations) from the date that eligibility was determined to meet regarding the writing of an IEP. 

Step 5: Scheduling an IEP meeting

            The school must contact the participants for the meeting. By law, the following people must be involved in the IEP team: (1) student, if appropriate (2) parents (3) regular education teacher (4) special education teacher/service provider (5) school system representative, often from the child study team (6) for students of transition age, a representative from the transition services agency (7) an individual to interpret results of the evaluation (8) individual(s) with additional knowledge/expertise about the child. A team member may fill more than one role (e.g the school representative can also be designated to interpret the evaluation results, if qualified to do so).

Everyone must be informed of the time, place, purpose of the meeting and attendees expected, with ample notice. Scheduling must take place at a time and place that is reasonable for both the school and parents. Parents may bring elct individuals to the meetings who have knowledge and expertise about their child. This can be highly beneficial in attaining a true understanding of the child’s capabilities and needs.

Step 6: IEP Meeting

            The team, including the child (if appropriate) and parents, meet to formulate the IEP. If parents give their consent for special education and related services, the services are supposed to go into effect immediately. If the parents disagree, a discussion should be attempted to resolve the differences between the parents and the Board of Education (BOE). If the team cannot come to a consensus, mediation can be attempted. Parents have the option of filing a complaint with the state education agency and request a “due process hearing”, at which time mediation must be available.

            A due process hearing is a legal proceeding conducted by a third party, independent of both the school system and the parent(s). Arguments are presented by both parties before the hearing officer, who writes a decision. Either party can appeal the decision to state or federal court. If the hearing officer finds in favor of the parent(s), it is possible (under certain conditions) to recover legal fees.

Step 7: Services are provided

            The school is responsible for the implementation of the IEP. Parents, teachers, and service providers are all given copies of the IEP and it is the responsibility of the teachers and providers to address the treatment goals, and ensure that the accommodations and modifications specified in the document are in effect.

Step 8: Progress Measured

            Parents are provided with progress reports at least as often as students in regular education, regarding their child’s progress toward the annual goals in the IEP.

Step 9: IEP Review

            A meeting is conducted at least once a year to make any changes or revisions to the IEP. If necessary, the IEP can be reviewed and revised more frequently, based on the parents or school system request. Parents are included in this process. At an IEP review there may be a determination for additional testing or an independent evaluation. If the child’s parents disagree, mediation or a due process hearing can be requested.

Step 10: Re-evaluation

            The child is re-evaluated at least every three years on a “triennial” basis. This is done to determine continued eligibility and educational needs.

Please note that this is a general guideline. Different states and school districts may have different policies. If you need additional guidance, consider discussing your concerns with your local child study team or an advocate or an attorney specializing in special education law.

Blog by:

Aviva Goldwasser, MS, OTR/L

Dr. Chaye Lamm Warburg, DPS, OTR/L

Thanks to revolutionary laws such as the IDEA (Individuals with Disabilities Education Act) more children with disabilities attend their local schools than ever before. While this has opened many doors to children with varying abilities and offers many social opportunities, it is incumbent on schools to provide each student access to an educational program that suites his/her needs and maximizes his/her potential for academic success.

In the coming weeks, we will take a closer look at IEP’s and 504 accommodations to help you understand what these documents are, how they are generated, who is involved in creating them, how they are implemented, and what rights you have as a parent.

What is the difference between an IEP and a 504 Plan?

An IEP (Individual Education Plan) is a legal document that is created for students who receive special education and related services. Each IEP is unique and specific to that student. The goal of an IEP is to delineate the supports and services that will be in place for the child with a disability.

A 504 Plan is for students with disabilities who require “reasonable accommodations” only. It is a document that spells out the modifications, adaptations and accommodations that will be put into place for a specific student to ensure that he/she has an equal opportunity to succeed academically.

There are two key differences between IEP’s and 504 Plans. An IEP is completed in accordance with the IDEA, which is a federally funded mandate. While a 504 Plan is subsumed under the Federal Rehabilitation Act of 1973 Section 504, funding is not federally mandated and adherence is monitored by the Office of Civil Rights. Additionally, IEP’s are designed to include special education services, and related services may be provided in order to enable a student to benefit from his/her special education program. They are generally more involved than a 504 Plan.

Are there similarities between the two types of plans?

There are many similarities between an IEP and a 504 Plan, including:

• Both plans are written and implemented by the school
• The documents are developed by designated professionals that may include school administrators, teachers, related service providers and family members
• Both plans are updated annually in order to remain relevant
• Each document is unique and specific to the student
• Students can receive the same types of services, accommodations, and modifications in order to maximize their potential for academic success

 Which is a better fit for your child?

It can be difficult to determine which plan is more suitable for your child.  In general, students requiring special education services will have an IEP to support the child’s ability to benefit from those special education services.  504 Plans are most relevant for students who are in regular education classes and require “reasonable accommodations” to address their needs, but do not require special education.

How can my child’s private occupational therapist (OT) be involved in the planning process?

 It can be highly beneficial to have your child’s private occupational therapist’s input when planning for and creating an IEP and 504 Plan. Here are some ways to do that:

• Provide the school with any written evaluations that were done
• If the evaluation was not recent, have the OT submit a progress report indicating your child’s current level of functioning
• Consider bringing your child’s OT to the IEP meeting
• Have your child’s OT read, review, and amend your child’s current level of functioning and the occupational therapy goals that are included in the IEP, to ensure that all the goals are appropriate for your child
• If your child will be getting OT both in school and privately, be sure to include a statement in the IEP that the therapists must be in regular contact

 What all parents should know before attending a meeting:

Be prepared: Get copies of reports and evaluations prior to the meeting

• Know your rights
• Be involved in the process. Be clear about your priorities and state them unambiguously
• Know your child, his/her needs and what kinds of accommodations, modifications, and services you would like implemented
• Be certain that the plan addresses the needs you have identified and is a good fit for your child. Prior experimentation with modifications that seem to work should guide you
• If there is a behavioral plan, be sure that you are comfortable with it
• Get input from professionals who know your child well.  A school visit by a professional on your team prior to the meeting might be invaluable
• Make sure that modifications and accommodations are highly specific
• Listen carefully and take notes
• Understand the proceedings.  If you do not adequately comprehend what is being said in education jargon, ask that it be restated in a way that you understand
• It is worthwhile for both parents to attend the meeting. If not, the parent attending can bring a grandparent or an outside professional for support. It often takes two to grasp the proceedings and take in all of the information being presented
• Do not feel compelled to agree to anything, or sign anything on the spot, especially if your spouse is not with you. Be sure to thank all those present for their interest in and support of your child.  Then state that you want to put as much thought into the plan as school personnel did, so you would like to take the document home and study it and get back to the school in a timely manner

Blog written by:

Aviva Goldwasser, MS, OTR

Dr. Chaye Lamm Warburg, DPS, OTR

September 9, 2011

References:

www.ed.gov/parents/needs/speced/iepguide/index.html

http://www.greatschools.org/