Special Education Questions

Section Five - What is an Individual Education Program (IEP)?

5. What is an Individual Education Program (IEP)?

An IEP is the document that spells out the services and programs that your child will receive to meet the unique needs stemming from his or her disability. It is developed in a collaborative process, in which you, as the child's parent, are one of the most important participants. You can find a sample IEP at this site.

Who writes up my child’s IEP?

The IEP is put together by an IEP team, after an IEP meeting. In New York State, these are called a CSE Team and a CSE Meeting. The team must consist of the following:

• the child's parent(s)
• at least one of the child's regular education teachers
• at least one of the child's special education teachers
• a representative of the school district
• someone who can interpret the evaluations for your child. In New York, this means that the team must include at a minimum a school psychologist.
• In New York, the team must also include a parent member, who is another parent with a child in special education who can help to explain your options to you. If you wish, you can request that this parent member not be present.
• The team should also include a physician if you request in writing that one be present. If your child is over 14, he or she should also be present to discuss the transitional plan if appropriate.

The parent can also invite other individuals with special expertise regarding the child or special education--you might want to bring your social worker, independent evaluator, a family friend, or a parent advocate. You are one of the most important members of the team. The team should not write the IEP before you arrive at the meeting, ignore your concerns, or write the IEP after the meeting is over. Make sure you read everything that the team writes on the IEP, ask them to add or modify the IEP as you think appropriate, ask them to explain things you do not understand, and do not be afraid to ask for what you think is best for your child.

What must the IEP include?

The IEP must include a description of your child's present educational performance, a statement of measurable annual goals and short term objectives to help your child to progress in the general curriculum and meet the other needs that result from his or her disability, a statement of the special education and related services that will be provided to your child, and an explanation of why your child is not be in a general education setting if she/he is not in an inclusive environment. If your child is over fourteen, the IEP must also include an outline of transitional services that will be provided to help your child prepare for life after school.

What should I do to prepare for an IEP meeting?

Read over all of your child's evaluations, his or her last IEP, and think about what services are necessary to help your child learn and function appropriately in school. Talk with knowledgeable people that you have access to, such as teachers, doctors, social workers, lawyers or parent advocates, about your child and what they would recommend for him or her. If these people are helpful, ask them if they can accompany you to the meeting or participate by phone. When you know what you want from the meeting, write it up to present to the CSE and help you focus on what is important during the meeting.

Do I need an attorney at an IEP meeting?

Hopefully, you do not need an attorney at an IEP meeting, and the presence of an attorney may sometimes make the meeting more difficult. However if the team refuses to listen to your suggestions or explain your options properly, it may be helpful to have an attorney or non-attorney advocate to support you and prevent the need for an impartial hearing. You can also bring a friend or relative or social worker that knows your child to support you.

What can I do if my child isn’t getting the services outlined on his or her IEP?

If your child's school is not providing the related services listed on your child's IEP, you do not have to wait for the school to find the necessary therapists. Your are entitled to receive a Related Services Authorization (RSA) letter that allows you to contract with a private therapist and have your school district pay for these services. You may also request an impartial hearing to make the school comply with your child's IEP.

How can I increase or decrease the amount of services my child receives?

If you want to increase or decrease the number of sessions of a particular service on your child's IEP, you should request to meet with your SBST or CSE in writing. If you have a progress report from your child's therapist explaining why more or fewer hours are necessary, the team will often agree. If the team refuses to change the amount of services, you may need to request an evaluation or call for an impartial hearing.

continue with Section Six, What should I do if I disagree with the CSE’s recommendation for my child’s placement?

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