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The Individualized Education Program (IEP) - Vermont Family Network

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facts<strong>The</strong> <strong>Individualized</strong> <strong>Education</strong><strong>Program</strong> (<strong>IEP</strong>)Parents know their child better than anyone else. <strong>The</strong>information parents share with their child’s team not onlyhelps them get a better picture of the child as a total person,it also helps the team develop an education plan that is basedon that child’s individual needs.<strong>The</strong> <strong>IEP</strong>is at the heartof your child’sright to a freeappropriatepubliceducation.What is an <strong>IEP</strong>?<strong>The</strong> <strong>Individualized</strong> <strong>Education</strong> <strong>Program</strong>(<strong>IEP</strong>) is a written education plan for yourchild that describes the special educationand related services your child willreceive. Each child, ages 3 through 21,who is eligible to receive specialeducation and related services must havean <strong>Individualized</strong> <strong>Education</strong> <strong>Program</strong>(<strong>IEP</strong>). If a service or accommodation isincluded in the <strong>IEP</strong>, your child has theright to receive it.Your child’s first <strong>IEP</strong> must be written 30days after he or she qualifies for specialeducation. After the <strong>IEP</strong> is written, yourchild’s services must be provided as soonas possible. You have the right to receivea copy of your child’s <strong>IEP</strong>, and the <strong>IEP</strong>must be accessible to each teacherworking with your child.Before your child receives specialeducation and related services for thefirst time, you must give written consent.You have the right to revoke your consentfor special education services at anytime, evenafter the <strong>IEP</strong> has been implemented.Who is responsible for developing the <strong>IEP</strong>?Your child’s <strong>IEP</strong> is developed by a teamthat includes• parents, guardian, or educationalsurrogate parent• at least one of your child’s regulareducation teachers• at least one of your child’s specialeducators or special educationservice providers• an individual from the school districtwho knows about the district’sresources, can provide orsupervise special education services,and is knowledgeable aboutregular education. This individualis referred to as the local agencyrepresentative (LEA).• your child whenever appropriate• other individuals at your requestor at the school’s request


2<strong>Family</strong><strong>Vermont</strong><strong>Network</strong>One member of the <strong>IEP</strong> team should alsobe able to explain evaluation results. At age 16,your child will be invited to attend <strong>IEP</strong> meetingswhen the team discusses transition services.When does the <strong>IEP</strong> team meet?Parents have the right to request an <strong>IEP</strong> meetingany time they believe the <strong>IEP</strong> should be changed.<strong>The</strong> school may either honor or refuse yourrequest. If the school refuses to hold a meeting, itmust notify you in writing about its reasons forthe refusal and provide information aboutparents’ rights to disagree.<strong>The</strong> school is responsible for scheduling <strong>IEP</strong>meetings at a time and place that is agreed uponby you and the school. If agreement cannot bereached, the school must use other means toensure your participation in the <strong>IEP</strong> meeting, suchas an individual or conference call or videoconferencing. <strong>The</strong> school can hold an <strong>IEP</strong> meetingwithout your participation when it is unable toarrange a meeting.When can a team member be excused from an<strong>IEP</strong> meeting?If you and the school agree in writing, a teammember may be excused from attending all orpart of your child’s <strong>IEP</strong> meeting when• their area of the curriculum or relatedservices is not being discussed or changed• the team member whose curriculum orrelated service area is being discussedprovides written information about <strong>IEP</strong>services to you or other team membersbefore the meeting.What should be included on an <strong>IEP</strong>?<strong>The</strong> <strong>IEP</strong> is a road map of the educational servicesand support your child will receive.• On the first page , your child’s name, date ofbirth, and grade are included. You will findtime frames for <strong>IEP</strong> services, summerservices, if provided, annual review, andreevaluation. A list of <strong>IEP</strong> team membersand their roles also appears on the firstpage.• Section two of the <strong>IEP</strong> describes your child’spresent levels of academic achievement andfunctional skills. <strong>The</strong>se skills includecommunication, social skills, self-care skills,motor development, language development,vocational skills, or recreation skills.Information gathered through an evaluationand from you, teachers, and others should beused to complete this section of the <strong>IEP</strong>.Information about how your child’s disabilityaffects progress in regular education or howyour child participates in activities appropriatefor a preschooler should also be included onthis page.• <strong>The</strong> next section contains annual goals, shorttermobjectives, and procedures and dates forevaluating progress. Annual goals andobjectives should be written in a way thatallows the school to measure progress. <strong>IEP</strong>goals and objectives should also allow yourchild to participate in the same curriculum oractivities as other children without specialneeds.• For students age 16, or younger if appropriate,section four addresses goals for the transitionfrom high school to adult life. Information fromvocational assessments should be used todevelop measurable goals to prepare yourteenager for work, further education, andindependent living.• Special education services, related services,and education placement and characteristicsare outlined on section five of the <strong>IEP</strong>. Specialeducation is specialized instruction designed tomeet your child’s individual needs, such as oneto-oneinstruction in reading or math. Relatedservices help a child benefit from specialeducation. Examples include speech andlanguage help, physical therapy, transportation,and therapeutic recreation. If the team decidesthat your child needs extended year servicesduring the school year or over the summer, adescription of those services is included in thissection of the <strong>IEP</strong>.Section five of the <strong>IEP</strong> should describe howoften and how long services will be provided,where services will take place, and who willprovide them.


<strong>The</strong> school is only required to list the type ofprovider that will be working with yourchild, not the person’s name.Children receiving special education servicesare entitled to be educated in the “leastrestrictive environment” (LRE). LRE means thata child must be included in regular classes,community-based preschools, and in theirneighborhood school to the extent that it isappropriate for that child.<strong>The</strong> <strong>IEP</strong> should include accommodations,support, and services to allow the child to besuccessful in typical educational environments.If your child cannot participate fulltime in theregular education environment, the school mustdocument the reasons on the <strong>IEP</strong>.• Section six requires information about thepercentage of time your child will spend in theireducational placement and the type ofplacement in which he or she will receiveservices. Early childhood program, specialeducation class, regular education class aresome examples of educational placements.In addition, section six describes how your childwill participate in state-level assessments, suchas the Developmental Reading Assessment orthe New England Common Assessment <strong>Program</strong>(NECAP). Your child’s <strong>IEP</strong> team will decidewhether your child can take regular assessmentsor will need alternate assessments.<strong>The</strong> last section of the <strong>IEP</strong> describesaccommodations, program changes, aids, andsupport your child will receive as part of specialeducation. Examples include text books on tapeor CD Rom, preferential seating, extended timeon tests, assistive technology, training ofpersonnel working with a child, and homeschoolcommunication log.In developing the <strong>IEP</strong>, is there other informationthe team should consider?To ensure that all children receive an appropriateeducation, there are several areas the team shoulddiscuss. <strong>The</strong>se areas include• the language needs of children with limitedEnglish proficiency• instruction in Braille and the use of Braillefor children who are blind or visually impaired• the communication needs of a child who isdeaf or hard of hearing• the child’s needs for assistive technologydevices and services• the child’s need for instruction and supportto learn positive behavior skills.How often does the team have to review an <strong>IEP</strong>?<strong>The</strong> <strong>IEP</strong> team must meet at least once a year toreview your child’s current <strong>IEP</strong> and develop a new<strong>IEP</strong> for the coming year. Changes to the <strong>IEP</strong>should also occur when your child is not makingprogress towards goals or in the general educationcurriculum, after a reevaluation is completed, orwhen there is new information to share about thechild.Can the <strong>IEP</strong> be changed without a formal meeting?After the yearly review, you and the school mayagree to make changes to the <strong>IEP</strong> without holdinga meeting. Any changes made to the <strong>IEP</strong> will be inwriting and the school should give you a copy ofthe amendments you agreed upon.To document the agreement, the school will askyou to sign a consent form agreeing to changeyour child’s <strong>IEP</strong> through an informal discussionrather than a team meeting. You are entitled to acopy of this written agreement.What role do parents play on the <strong>IEP</strong> Team?Parents should be involved in all steps of the <strong>IEP</strong>process. You have specific rights, including theright to• participate in any meetings to develop the<strong>IEP</strong>• be notified of <strong>IEP</strong> meetings early enough tomake arrangements to attend• be notified about the time, place, and purposeof <strong>IEP</strong> meetings and who will attend• have meetings at times and places that areconvenient for you and the school• participate in meetings by other means,such as by telephone or videoconferencingif you cannot attend in person• receive a copy of your child’s written evaluationreport and review your child’srecords before <strong>IEP</strong> meetings<strong>Family</strong><strong>Vermont</strong><strong>Network</strong>3


<strong>Family</strong><strong>Vermont</strong><strong>Network</strong>To order copies ofthis fact sheet, or tolearn more aboutVFN’s materials andservices, contact the<strong>Vermont</strong> <strong>Family</strong><strong>Network</strong>600 Blair Park,Suite 240,Williston, VT 054951-800-800-4005You can alsocontact us via e-mailat info@vtfn.org.And don’t forget tovisit our website atwww.vtfn.org.© 1/09 by the <strong>Vermont</strong><strong>Family</strong> <strong>Network</strong>All rights reservedAbout our copyrightWe are always happy tohear that our materials areappreciated and used byothers. However, if youwish to reproduce any ofthese materials, pleasecontact us for permissionbefore you do so in orderthat we may accuratelyreport dissemination andusage to our fundingagencies.4• bring a friend, advocate, or someoneelse to the meeting who youbelieve has special knowledgeabout your child’s special educationneeds.If my child is not making progress, whatcan I do to change the <strong>IEP</strong>?If you believe that your child’s <strong>IEP</strong> goalsor services need to be changed, there areseveral steps you can take. As a parent,you have the right to request an <strong>IEP</strong>meeting to discuss your concerns andrequest changes to the <strong>IEP</strong>.You may also request a reevaluation ofyour child by the school to gather newinformation about current levels ofacademic achievement and functionalskills, especially in the areas in which youfeel your child is not making progress.If you disagree with the school’sevaluation, you have the right to requestan independent evaluation at the school’sexpense. <strong>The</strong> school must consent to thisevaluation or initiate a due processhearing to prove that its evaluation wasaccurate.If we cannot resolve a disagreementwith the school over our child’s <strong>IEP</strong>?<strong>The</strong> special education process providesthe following options to resolve disputesbetween parents and schools. You can• request mediation with an impartial,trained mediator. Mediation isvoluntary and you and the schoolhave to agree to it. <strong>The</strong> <strong>Vermont</strong>Department of <strong>Education</strong> providesmediation services free of chargeto parents and schools.• file an administrative complaint ifyou believe the school has notcomplied with special educationrules regarding your child’s educationplan. You must write yourcomplaint to the Commissioner of<strong>Education</strong>.• file a due process complaintagainst the school with the Commissionerof <strong>Education</strong>. A hearingwill be scheduled by a hearingofficer to decide on the complaintunless you and the school resolveyour differences at a resolutionsession or mediation meeting.You may contact the <strong>Vermont</strong>Department of <strong>Education</strong>, 802-828-3136 orhttp://education.vermont.gov/, or the<strong>Vermont</strong> Parent Information Center, 802-639-7170, for copies of forms and otherinformation to assist you in filingcomplaints or requesting mediation.ResourcesFor help understanding your rights,contact any of the organizations listedbelow. Also available from VFN areadditional fact sheets about parents’ rights.<strong>Vermont</strong> <strong>Family</strong> <strong>Network</strong>help for families navigating the educationprocess(802) 876-5315 • 1-800-800-4005info@vtfn.org • www.vtfn.org<strong>Vermont</strong> Department of <strong>Education</strong>help with special education issues for schoolsand families(802) 828-5114 ( V/TTY )www.state.vt.us/educ/Disability Law Projectlegal support for special education services(800) 747-5022 Burlington/ChamplainValley(800) 789-4195 Central <strong>Vermont</strong>(800) 769-7459 Addison/Rutland/Bennington Area(800) 769-6728 Northeast Kingdom(800) 769-9164 Windham/Windsor Area(800) 889-2047 StatewideAll phones ( V/TTY ).

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