Individualized Education Plans (IEPs) (continued)

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 will 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.

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 your child's specific needs.

For more information, the government has a website to educate anyone about IDEA: http://idea.ed.gov.

Reviewed by: Steven J. Bachrach, MD
Date reviewed: January 2008
Originally reviewed by: Chris Cortellessa, M.Ed, NCC