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What is an IEP?

The individualized education plan (IEP) is a written legal document. This document is produced by the local district or department of education with the input and assistance of the parents (and, when appropriate, the student) after a thorough evaluation of the student’s abilities and needs.

As the name implies, the educational program should be tailored to the unique needs of the student to achieve maximal educational benefit. These are not “one-size-fits-all” programs, not even among students with the same type of disability, such as autism. A program that is appropriate for one child with autism may be completely inappropriate for another.

The IEP should contain the following:

- A statement of the child’s present level of educational performance. This should include both academic and nonacademic aspects of their performance (e.g., socialization interaction and aggressive behavior).

 - A statement of annual goals that the student may reasonably accomplish in the next 12 months. This statement should also include a series of measurable, intermediate objectives for each goal. This will help both the parents and educators know whether the child is progressing and benefiting from their education.

- Appropriate objective criteria and evaluation procedures and schedules for determining, at least annually, whether the child is achieving the short-term objectives set out in the IEP.

- A description of all specific special education and related services, including individualized instruction and related supports and services, to be provided (e.g., occupational therapy, physical therapy, speech therapy, transportation, recreation). This includes the extent to which the child will participate in regular educational programs.

- The initiation date and duration of each of the services, as determined, to be provided (this can include extended school year services).

If your child is 16 years old or older, the IEP must include a description of transitional services (coordinated set of activities designed to assist the student in movement from school to post-school activities).

As noted, the IEP provides the direction and goals that the teacher and therapist will work toward with the student. It describes how the teachers and therapists will measure those goals both during and at the end of the academic year. This allows parents and students to appreciate the progress in areas that might otherwise be invisible to them. This is why the IEP is known as the cornerstone for the education of a child with a disability. As a legal document, the goals and selected services are not just a collection of hopes or wishes on how the school could educate a child. The school district or local educational agency is legally bound to educate your child in accordance with the IEP and may not change the academic goals or the services utilized because they are difficult or expensive to undertake.

What can I do if I don’t agree with the findings in the IEP?

It is common for parents and educational agencies to have a legitimate difference of opinion regarding the student’s placement, educational goals, or need for special services. This difference of opinion may stem either from a school’s lack of appreciation of the student’s needs (that the parent is keenly aware of) or from a parent’s unfamiliarity with the scope and limitations of special services. If these misunderstandings cannot be resolved at the IEP meeting, the parents have recourse in the law.

Within the law, there are specific procedural safeguards to protect the child’s rights. If parents disagree with the local educational agency, they can seek redress in the following ways:

Discussion of the childs needs with knowledgeable experts. An informal discussion with objective experts can help to educate the parents about what the child needs in the way of education and special services. Experts may include educators or counselors in or outside of the school. Further, the parents may want to discuss their child’s needs and IEP determinations with physicians, psychologists, developmental neurologists, or a lawyer. This type of discussion may result in the parents appreciating the wisdom of the IEP findings or may encourage them to proceed with their complaints.

IEP review. Parents, at any time, may request that the educational agency review the IEP findings and take into account the parents’ concerns and any new information available.

Complaint resolution. Educational agencies are required to publish and adhere to a complaint resolution procedure.Parents and other advocates may file a complaint with the educational agency. The parents’ complaint about IEP usually alleges that the educational agency has denied a student’s rights for special educational services under IDEA. By federal law, the state educational agency must resolve the issues of the complaint within 60 calendar days after it is filed.

Mediation. The parents and educational agency may engage in nonbinding mediation to resolve the dispute according to IDEA. The cost of the mediation process is borne by the state; participation in the mediation process is voluntary and neither party is bound to accept the resolution that is recommended by the mediator. Mediation sessions are conducted by a neutral third person (mediator) who assists the parents and the school agency in resolving their dispute. To meet the requirements of IDEA, all states must have an established mediation process.

Due-process hearing. Parents may request a dueprocess hearing if they disagree with the findings of the IEP. The due-process hearing is a legal proceeding, the findings of which are binding. Parents and other advocates may benefit from professional legal advice.

William’s comment:

We had an unfortunate experience with our local school district. Several months after our initial IEP, we received word that we would be unable to continue using the same ABA program for our son. The alternatives they suggested weren’t adequate. Not even close.We consulted a lawyer.He informed us that the school district couldn’t disallow the program and that there were problems with the format and goals of Liam’s IEP.We spent some time and money but we were able to resolve these problems to our satisfaction. We fought it and won. We wound up getting more hours and a longer calendar year for services. The school districts wanted to save money and limit services at the expense of our child. They even sent a “district specialist” who tried to make a deal for lesser services with us BEFORE we went to mediation. They talk a big game, but in my experience, the last thing a district wants to do is go to a hearing. Bottom line: Don’t be afraid to fight these people. If parents or guardians are unsure of their rights under the IDEA, they can contact the U.S. Department of Education’s Office of Special Education Programs. OSEP will provide parents and other interested parties with information or clarification on education rights.

OSEP:  < http://www2.ed.gov/about/offices/list/osers/osep/index.html?src=mr>

William’s comment:

We see a major problem with services available for diagnosed kids. There are nowhere near enough qualified service providers. As far as individualized education plans that are required by law for children with special educational needs, we have found that the school districts often put their agenda ahead of the child in need. They seem prone to recommending treatment that isn’t much more than putting a bandage over a bullet wound or justifying the inadequacies of their own infrastructure by putting unqualified educators on a child’s case. Our experiences lead us to believe that the special needs child is not the first concern of the district.

How do I choose the best special education program for my child?

There is no single best special education school or program for all children with autism. The ideal program for your child is closely matched to their unique abilities and interests. However, life is rarely ideal and there are always limitations in getting the best type of treatment for your child. These limitations include the availability of schools that have programs and therapists in your area, the flexibility of this program to accommodate your child’s needs, the geographic convenience of getting to that program, and the financial cost of the program. Parents can improve the chance of getting the best program by doing some research beforehand. Before making decisions on your child’s treatment, you will want to gather information about your child’s needs, abilities, and interests as well as information about local and regional schools and the programs in those schools. Your child’s needs and abilities are evaluated by the local school district or educational provider and are explained in the IEP. If you are unfamiliar with any of the technical terms or meaning of the conclusions, you are entitled to have them fully explained to you. You should keep a copy of the IEP with you when visiting a school, so that you can discuss its contents with the teachers and therapist at the prospective programs. Before evaluating the schools, parents should keep in mind that an effective special education program for autistic children has the following characteristics:

- Encourages early intervention in the child’s behavior

- Is highly structured

- Has a predictable schedule with a stable staff of teachers and therapists

- Specialized programs with qualified therapists (speech, physical, music, etc.)

- Has a low student-to-teacher ratio

- Tasks are taught as a series of simple steps

- Teachers and therapists make an effort to actively engage the child’s attention

- Understands and builds on the child’s interests

- Provides regular and consistent positive reinforcement of appropriate behavior

- Encourages parental involvement in the therapy and continuation of the therapy at home

You can learn more about the available programs in your area by comparing the qualities just noted against the advertised qualities of the local programs. Additional information can be gained by asking questions of the special education teachers in the area or by consulting with members of the local autism society or parent’s support group. Visiting the schools themselves is an excellent way to gather information about class size, student-to-teacher ratio, and staff turnover as well as specific information about the therapies and the qualification of the therapists employed. When speaking with a teacher or administrator from a special education program, a parent shouldn’t be afraid to ask some of the following questions:

- Is this program based on sound, scientific principles? What are they?

- Is this program or any of the therapies in it considered experimental? (It is best to avoid experimental programs.)

- Are the teachers and therapists in this program qualified, certified, and licensed?

- Does this program treat all aspects of autism or just some?

- How much money, time, and effort does the program require of the parents or guardians? (Parents may not have the time or resources to devote to an intensive program because of other children or work commitments.)

- Is the program open to all children with autism? Are there any limitations regarding age or abilities? For example, can the program accommodate an autistic child who is high functioning? In a wheelchair? Is 19 years old? Is also deaf?

After examining all the options, you can make the best decision about your child’s treatment based on your child’s needs and the available resources.

 Terms:

Annual goals - A set of general statements that represent expected achievement over a year’s time for children with disabilities enrolled in special education programs and services.These are stated in the child’s IEP.

Extended school - year services Special education and related services provided to a qualified student with disabilities beyond the normal school year, in accordance with the student’s IEP, and at no cost to the parent of the child.The need for extended services is determined by the student’s IEP team.

The individualized education plan (IEP) is a written legal document.

Parents can improve the chance of getting the best program by doing some research beforehand.

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