Individualized Education Programs (IEPs)

The Referral and Evaluation Process

The referral process generally begins when a teacher, parent, or doctor is concerned that a child may be having trouble in the classroom, and the teacher notifies the school counselor or psychologist.

The first step is to gather specific data regarding the student's progress or academic problems. This may be done through:

• a conference with parents
• a conference with the student
• observation of the student
• analysis of the student's performance (attention, behavior, work completion, tests, classwork, homework, etc.)

This information helps school personnel determine the next step. At this point, strategies specific to the student could be used to help the child become more successful in school. If this doesn't work, the child would be tested for a specific learning disability or other impairment to help determine qualification for special services.

It's important to note, though, that the presence of a disability doesn't automatically guarantee a child will receive services. To be eligible, the disability must affect functioning at school.

To determine eligibility, a multidisciplinary team of professionals will evaluate the child based on their observations; the child's performance on standardized tests; and daily work such as tests, quizzes, classwork, and homework.

Who's On the Team?

The professionals on the evaluation team can include:

• a psychologist
• a physical therapist
• an occupational therapist
• a speech therapist
• a special educator
• a vision or hearing specialist
• others, depending on the child's specific needs

As a parent, you can decide whether to have your child assessed. If you choose to do so, you'll be asked to sign a permission form that will detail who is involved in the process and the types of tests they use. These tests might include measures of specific school skills, such as reading or math, as well as more general developmental skills, such as speech and language. Testing does not necessarily mean that a child will receive services.

Once the team members complete their individual assessments, they develop a comprehensive evaluation report (CER) that compiles their findings, offers an educational classification, and outlines the skills and support the child will need.

The parents then have a chance to review the report before the IEP is developed. Some parents will disagree with the report, and they will have the opportunity to work together with the school to come up with a plan that best meets the child's needs.

Developing an IEP

The next step is an IEP meeting at which the team and parents decide what will go into the plan. In addition to the evaluation team, a regular teacher should be present to offer suggestions about how the plan can help the child's progress in the standard education curriculum.

At the meeting, the team will discuss your child's educational needs — as described in the CER — and come up with specific, measurable short-term and annual goals for each of those needs. If you attend this meeting, you can take an active role in developing the goals and determining which skills or areas will receive the most attention.

The cover page of the IEP outlines the support services your child will receive and how often they will be provided (for example, occupational therapy twice a week). Support services might include special education, speech therapy, occupational or physical therapy, counseling, audiology, medical services, nursing, vision or hearing therapy, and many others.

If the team recommends several services, the amount of time they take in the child's school schedule can seem overwhelming. To ease that load, some services may be provided on a consultative basis. In these cases, the professional consults with the teacher to come up with strategies to help the child but doesn't offer any hands-on instruction. For instance, an occupational therapist may suggest accommodations for a child with fine-motor problems that affect handwriting, and the classroom teacher would incorporate these suggestions into the handwriting lessons taught to the entire class.

Other services can be delivered right in the classroom, so the child's day isn't interrupted by therapy. The child who has difficulty with handwriting might work one on one with an occupational therapist while everyone else practices their handwriting skills. When deciding how and where services are offered, the child's comfort and dignity should be a top priority.

The IEP should be reviewed annually to update the goals and make sure the levels of service meet your child's needs. However, IEPs can be changed at any time on an as-needed basis. If you think your child needs more, fewer, or different services, you can request a meeting and bring the team together to discuss your concerns.

Your Legal Rights

Specific timelines ensure that the development of an IEP moves from referral to providing services as quickly as possible. Be sure to ask about this timeframe and get a copy of your parents' rights when your child is referred. These guidelines (sometimes called procedural safeguards) outline your rights as a parent to control what happens to your child during each step of the process.

The parents' rights also describe how you can proceed if you disagree with any part of the CER or the IEP — mediation and hearings both are options. You can get information about low-cost or free legal representation from the school district or, if your child is in Early Intervention (for kids ages 3 to 5), through that program.

Attorneys and paid advocates familiar with the IEP process will provide representation if you need it. You also may invite anyone who knows or works with your child whose input you feel would be helpful to join the IEP team.

A Final Word

Parents have the right to choose where their kids will be educated. This choice includes public or private elementary schools and secondary schools, including religious schools. It also includes charter schools and home schools.

However, it is important to understand that the rights of children with disabilities who are placed by their parents in private elementary schools and secondary schools are not the same as those of kids with disabilities who are enrolled in public schools or placed by public agencies in private schools when the public school is unable to provide a free appropriate public education (FAPE).

Two major differences that parents, teachers, other school staff, private school representatives, and the kids need to know about are:

1. Children with disabilities who are placed by their parents in private schools may not get the same services they would receive in a public school.
2. Not all kids with disabilities placed by their parents in private schools will receive services.

The IEP process is complex, but it's also an effective way to address how your child learns and functions. If you have concerns, don't hesitate to ask questions about the evaluation findings or the goals recommended by the team. You know your child best and should play a central role in creating a learning plan tailored to his or her specific needs.

Reviewed by: Steven J. Bachrach, MD
Date reviewed: May 2011