Legal Rights of Persons With Disabilities - Ossh.com

iv.
Parents May Request Independent Assessments
If the parents disagree with the results of the evaluation, they may ask for an independent
evaluation of their child at public expense. The school district may either agree to pay for an independent
evaluation, or it can ask for a review of the results of its tests by an independent hearing officer. If the
school district agrees to pay for an independent assessment, the persons who do the independent assessment
must be as experienced as the persons who did the school district's assessment. The parents may get an
independent assessment of their child at their own expense at any time. If the parents do get an independent
assessment, then the school district must consider it when deciding how to educate the child. (34 C.F.R. '
300.502.)
b. Planning the Education of a Child With a Disability
i. The "Individualized Educational Program"
Once it has been decided that a child has a disability which makes special education and/or related
services necessary, the school district must develop an individualized educational program (or IEP) for the
child. An IEP is basically a plan of action for the education of a child. (20 U.S.C.
' 1401(11).) It must contain all of the following:
$ a statement of the child's present educational performance;
$ a statement of the educational goals for the child, both for the immediate future and for the school
year;
$ a statement about what type of special education and which related services the child will receive;
$ a statement about the beginning date and duration of the special education and related services;
$ a statement listing any needed transition services;
$ a statement of the standards by which the child's educational progress will be measured; and
$ a statement about how much of the child's time will be spent in a regular classroom and how much
of the child's time will be spent in a special classroom.
ii.
Development of the IEP
The IEP is developed by a team of people, including the parents. The members of the team must
include a representative of the school district and the child's teacher. The team can also include experts or
other persons chosen by the school district and education experts the parents choose to include. The team
may also include the child with a disability, if appropriate. The team reviews the results of the assessment,
decides what the child's special education and related services needs are, decides how the child's needs can
best be met, and writes the IEP. The first IEP written for a child with a disability generally must be
developed within 50 days of the date on which the parents signed the form consenting to an assessment of
their child. (Ed. Code, ' 56344; 34 C.F.R. ' 300.340 et seq.)
iii.
The School District Must Facilitate Parental
Involvement in Developing the IEP
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