SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 4

Information on IEP Process

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

 

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1             Information on Basic Rights and Responsibilities

Chapter 2             Information on Evaluations/Assessments

Chapter 3             Information on Eligibility Criteria

Chapter 4             Information on IEP Process

Chapter 5             Information on Related Services

Chapter 6             Information on Due Process Hearings/Compliance Complaints

Chapter 7             Information on Least Restrictive Environment

Chapter 8             Information on Discipline of Students with Disabilities

Chapter 9             Information on Inter-Agency Responsibility for Related Services (AB 3632/882)

Chapter 10        Information on Vocational Education

Chapter 11        Information on Preschool Education Services

Chapter 12        Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific questions in other chapters by using the titles shown above

 

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SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 4

Information on IEP Process

TABLE OF CONTENTS

Question                                                                                    Page

1.      How do I request special education services?. 1

2.      How do I request an Individualized Education Program (IEP) for my child who is already receiving services?. 2

3.      What are the timelines for holding an IEP meeting?. 2

4.      How often are IEP meetings held?. 3

5.      Can I get copies of assessments before the IEP meeting?. 3

6.      Will I receive notice of the IEP meeting? What happens if I cannot attend?. 3

7.      SEE ALSO CHAPTER 1, QUESTION AND ANSWER 21(A). Who is required to attend the IEP team meeting and what are the members supposed to contribute to the meeting?. 4

8.      What can I do if the required members of the IEP team are not at my child’s IEP meeting?. 6

9.      Can the school district hold an IEP meeting without the parent?. 6

10.   Can I bring an advocate or attorney to an IEP meeting?. 7

11.   Can a representative of a teachers union or organization attend an IEP meeting?. 7

12.   How can I contribute to the IEP process?. 8

13.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 21. If I need an interpreter at the IEP meeting, must one be provided?. 9

14.   How should an IEP meeting operate?. 9

15.   What information should be considered at the IEP for deaf or hard-of-hearing pupils?. 10

16.   What should be written in the IEP?. 10

17.   Are there any other services or special factors that must be considered and included in an IEP if appropriate for a student?. 12

18.   How should the present levels of my child’s educational performance be described in the IEP?. 14

19.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 18. Why are measurable, annual goals and benchmarks or short-term instructional objectives important?. 14

20.   If IEP goals and objectives are so important in this process, is there any help for me as a parent in advocating that goals be ambitious and set higher expectations for my special education student than my district appears to want to set?. 15

21.   What is the difference between short-term objective and a benchmark?. 16

22.   Must my child’s IEP address his involvement in the general curriculum regardless of the nature and severity of his disability and the setting in which he is educated?. 17

23.   Must an IEP for a child with a disability include annual goals and benchmarks/objectives that address all areas of the general curriculum?. 17

24.   Must the IEP contain all services my child needs?. 18

25.   If a majority of IEP team members, with the exception of the official representing the school district, agree on IEP services, should those services be written into the IEP?. 18

26.   What can I do if my child’s teacher or other direct-service-level staff tell me one thing about what my child needs to be appropriately educated but refuse to say those same things in an IEP meeting, mediation conference, or due process hearing because they are afraid of retaliation by their superiors for saying anything that conflicts with the administrator’s position?. 19

27.   Can I ask for a specific type of instruction or program to address my child’s educational needs?. 19

28.   Can class size limits be included in the IEP?. 20

29.   Is there a mandated length or format for an IEP?. 20

30.   If my child is mainstreamed into regular classes, can I write modifications to the regular classroom in the IEP?. 21

31.   Under what circumstances should the regular teacher of a special education student participate in the IEP?. 21

32.   How should the school district pick which regular education teacher and special education teacher participate as members of the IEP team?. 22

33.   Is there any way to get additional support for my child’s teachers – both regular and special education – through the IEP?. 22

34.   Do I have to approve an IEP at the IEP meeting?. 23

35.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 22. Can I consent to only part of the IEP?. 23

36.   Can I consent to the content of the IEP and not consent to placement?. 24

37.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 22 (A). Can I change my mind after I sign the IEP document?. 24

38.   What kinds of educational placements must a school district offer?. 25

39.   How can supplementary aids and services help my child in the regular classroom?. 27

40.   What role do parents have in determining the educational placement for their child?. 27

41.   Can the IEP require particular teachers, classrooms or placements?. 27

42.   May children with differing disabilities be grouped together for instruction in the same classroom?. 28

43.   When must the IEP be implemented?.