special education rights and responsibilities - Disability Rights ...

Information on IEP Process
44. May children with differing disabilities be grouped together for
instruction in the same classroom?
Heterogeneous or non-categorical classroom placements for students with
disabilities are allowed under federal law because a student’s “unique needs” rather
than disability category or label, should ultimately determine placement. To be
appropriate, the placement must be based on your child’s IEP. [34 C.F.R. Secs.
300.39 & 300.116.]
45. When must the IEP be implemented?
The IEP must be implemented “as soon as possible” following the IEP meeting.
There should be no undue delay in providing special education and related
services, and the IEP must specify projected dates for the initiation of services. [34
C.F.R. Secs. 300.320(a)(7) & 300.323; Cal. Ed. Code Sec. 56344(b).]
The law requires that an IEP be in effect for each student at the beginning of the
school year. [20 U.S.C. Sec. 1414(d)(2); 34 C.F.R. Sec. 300.323(a); Cal. Ed. Code
Sec. 56344(c).]
46. Are there any circumstances when a school district is required
to review and/or revise my child’s IEP?
State law requires that an IEP team review a student’s IEP at least annually. Also,
the district must convene an IEP meeting if:
(1) A student has received an initial evaluation or a subsequent re-evaluation;
(2) The student demonstrates a lack of anticipated progress toward annual
goals and in the general curriculum, if appropriate; or
(3) The parent or teacher requests a meeting to develop, review, or revise the
IEP.
[Cal. Ed. Code Sec. 56343.]
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