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IEP Process and Law

A general overview on the "ins" and "outs" of the Individualized Education Program and how the process works.
by

Ashlea Quinn

on 13 March 2011

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Transcript of IEP Process and Law

IDEA (Individuals with Disabilities Education Act) There are 3 federal statutes which act as the basis for an IEP
IDEA (The Individuals with Disablilities Act)
Section 504 of the Rehabiliitation Act of 1973
The Family Educational and Privacy Rights Act
is a federal law which guarantees four basic rights to children with disabilities:

1. Free Appropriate Education - all children with disabilities are entitled to a public education that is free of cost to their families and appropriately meets their needs. 2. Least Restrictive Environment (LRE) - whenever possible, children with disabilities must be educated with students who do not have disabilities and should attend the school that is closest to home. 3. Supplementary Aids and Services - children with disabilities must be provided with support services and an instructional program that they will educationally benefit from. 4. Assessment - an assessment must be completed to determine the child's needs. * This requires the parent's informed written consent.

http:..www.understandingspecialeducation.com/IEP-law.html Due Process: Due process safeguards the child and their parents by ensuring that NO CHANGES CAN BE MADE IN A CHILD'S PROGRAM WITHOUT PRIOR NOTICE TO THE PARENTS. The Basic Special Education Process Under IDEA 1. Child is identified as possibly needing special education. A parent, child's teacher, or school professional may refer or request an evaluation to see if child has a disability. However, parental consent is required before the child may be evaluated. Once consent is received, the school must conduct an initial evalutation within 60 days. 2. Child is evaluated. 3. Eligibility is decided. 4. If child is found to be disabled, they are eligible for services. Within 30 days after a child is determined eligible, the IEP team must meet to write an IEP for the child. 5. IEP meeting is scheduled. The school staff must contact the participants and work with the parents and school staff to set an agreeable time and place for the meeting. (Parents may invite people to the meeting who have knowledge or special expertise about the child). Who counts as a member of the IEP Team? 6. IEP meeting is held and IEP is written. Before the school provides the special ed. services to the child, the parents must give consent. Consent for evaluation does not mean that a parent has given consent for the placement in special ed. or has agreed for their child to receive services. A parent may give consent to part of the IEP but not all. While they work on the entire IEP, the parts that the parent has consented to must be implemented immediately. Parents may object to the IEP and try to work out an agreement. If they still disagree, they may file a complaint with the state education agency and may request a due process hearing. 1. Regular Education Teacher (s)
2. School System Representative
3. Transition Services Agency Representative (s)
4. Parents
5. Others with Knowledge/ Special Expertise about the Child
6. A Person who can interpret evaluation results
7. Special education teacher(s)
8. Student (when appropriate) By law, the following list of people must be involved in writing the child's IEP. (One IEP member may fill more than one roll on this list. As the school system representative may also interpret the child's evaluation results.) 7. Services are provided. Parents, each of the child's teachers and service providers have a copy of the IEP and know their specific responsibilites in relation to the child. 8. Progress is measured and reported to parents. 9. IEP is reviewed at least once a year. 10. Child is reevaluated. This must occur at least every 3 years. It's purpose is to find out if the child continues to be a "child with a disability", as defined by IDEA, and what the child's educational needs are. All of the above info was taken from:
http://www.understandingspecial education.com
and
http://www2.ed.gov/parents/needs/speced/iepguide/index.html The IEP Process
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