testing or types of assessments your student may 4 need, you have the right to mention your concerns to the evaluation team. Additionally, you may object to any test you do not want completed. The evaluation must use proven testing in many areas; it should include teacher input; should include any previous data collected on your student; and should consider all areas of disability. Most people don’t know that the evaluation must be completed in the student’s native language to ensure he understands all of the tasks asked of him.
The school district has 45 days (from the date of request to evaluate, according to www.wrightslaw.com.) to evaluate the student and produce a report for the review of the team and parent. Once the evaluation process is completed, the report must be provided within a specific time frame. According to Nolo’s IEP Guide: Learning Disabilities (Siegel, L. 2003) (2), the “initial IEP meeting must be held within 30 days after the school district determines your child is eligible for special education.” The team must inform and invite the parent/ caregiver to the meeting with a letter and the date/time/location of the team meeting must be convenient for both the school and the parent(s). Parents are encouraged to participate in the evaluation and referral process as well as attend IEP, annual, and review meetings.
Each state/district may have specific time line requirements. Remember that states must follow Federal law, but can have additional stipulations. Reference the website above (CPIR - Center for Parent Information and Resources at www.parentcenterhub.org) for your state’s requirements.
If you’d prefer to do so, you may choose to have an independent assessment done by someone suggested by your pediatrician. However, the school district does not have to pay for that evaluation. When your child is having the first or initial evaluation to determine IEP eligibility, you may have the school complete it or you may choose to pay for an independent evaluation on your own. Additionaly, you may or may not choose to provide a copy of the independent evaluation to the school. Remember, the more information the team has about your student, the better the plan will be.
Every parent has the right to view and have a copy of the evaluation done by the school. Request a copy in writing. If you do not deliver the request personally, send your letter certified for proof of delivery. The results of the evaluation may be disputed or challenged by the family. I recommend you thoroughly read and review the report. Highlight things you agree with in one color and results you do not agree with or do not understand in another color. Write all questions down in the margin for easy reference later.
NOTE: If a parent does not agree with the initial (first) evaluation provided by the school district, they have the right to request a second outside evaluation. This second evaluation must be approved by the team and must be completed using the same standards that the school district has. Discuss this with the district prior to having the evaluation done as they must agree to the conditions of this second evaluation if you want them to pay for it.
What Can I Expect at the IEP Meeting?
The IEP meeting can often bring about feelings of stress. Of course, you want to create the best possible plan for your student. Find out ahead of time who will be attending the meeting. Ensure you take along the binder I discussed earlier in this chapter. It’s fine to bring a support person who will help you to feel confident and relaxed. It is your legal right to have an advocate present who is familiar with the IEP process. Often, having someone with you gives you another set of eyes and ears in the meeting.
The caregiver or legal guardian, regular education teacher, special education teacher, school/local education administrator, the student, and other 6 professionals who are determined to be necessary by the team will attend the IEP. Some may serve double roles, for example, the school principal may be the education administrator. Other individuals may be the OT, SLP (Speech Language Pathologist), PT (Physical Therapist), a translator, aides, autism specialist, social worker, psychologist, anyone you would like to attend, reading specialists, low-vision specialists, and many more depending on your student.
Additionally, make sure you are familiar with the language used in the IEP and if possible, do some research on sites such as the NCLD (National Center for Learning Disabilities (www.NCLD.org); Wrightslaw (www.wrightslaw.com); and School Psychology (school-psychology.org). The 1997 update to IDEA (Individuals with Disabilities Education Act) outlines the required content for what needs to be contained within an IEP. The following site has downloadable PDF or Word documents on the US Department of Education’s website (www.ed.gov) which outlines the requirements.
IEPs have several required components. The following information should be included in the IEP:
• identifying information;
• present levels of academic achievement and functional performance It’s very important to ensure this is correct as it is the level at which the student is currently functioning. Review and discuss any disagreements with the IEP team;
• what makes the student eligible or how he is affected in school by the disability;
• behavior interventions/plans;
• English proficiency, communication, visual or hearing impairments;
• measurable annual goals and objectives with short-term benchmarks;
• special education, related services, and supplementary aids and services;
• amount of time students will participate in general education classes and the best way to meet the student’s needs in general education (including extra-curricular activities);
• participation in state or district-wide academic assessments (including accommodations to be provided and reasons for using an alternate assessment if the child will not participate in the regular assessment);
• initiation date and projected duration of IEP;
• transition services (students aged fourteen and older);
• how student progress toward annual goals will be measured and how/ when periodic reports will be provided to parents;
• when students will have access to and participation in the general curriculum;
• whether or not the student qualifies for ESY (extended school year).
All states must follow Federal requirements and states may have additional regulations. In fact, each state is required to have a special education advisory commission. Please contact your state’s CPIR (Center for Parent Information and Resources www.parentcenterhub.org) for the state’s commission and for updates to special education law.
It is important to know that you do not have to sign the IEP if you disagree with it. You need to sign only the attendance form that you were present at the IEP. Some parents sign the IEP and note next to their signature that they do not agree with the plan. If you choose not to sign agreement of the IEP document, take it home, review it, and make notes about what you do and do not agree with. Write your disagreements down and add your signature. Please check www.Wrightslaw.com website for help with what to do when you disagree with the IEP as the IDEA requires “due process” hearings when disagreements occur. This is a complicated topic and since I’m not an attorney, here’s a reference to an excellent resource for IEP information and legal information is Nolo’s IEP Guide: Learning
