Navigating the IEP Process

What is an IEP?

An Individualized Education Program (IEP) is a legally binding document created by a multidisciplinary team that is designed to meet the unique learning needs of a student with a disability. It is a roadmap for the educational team that details specific accommodations, services, specialized academic instruction, and modifications. Under the Individuals with Disabilities Education Act, every child is entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) (integrated into a general education classroom as much as possible).

The IEP is specialized for each student so the teachers and educators can understand the student’s disability and how that affects academic learning and social behaviors and provide services or additional support. Examples include a paraprofessional aide, speech therapy, physical and occupational therapy, counseling services, extra time for test taking, modified homework, and transportation. Parents/guardians are an integral part of the team, and the initial meeting is at least two parts: the MET 1 (to discuss whether data needs to be collected) and the MET 2/IEP (to discuss the results of evaluations and to create goals and objectives).

According to the Judicial Council of California, an IEP should include the following:

• A statement of your child’s present levels of educational performance
• A statement of measurable goals, including short and long-term objectives
• A statement of the Special Education and related services needed
• An explanation of the extent to which your child will not participate with non-disabled children
• A projected date for services to begin

Suppose you believe your child has a disability that will impact their Education and needs special education services. You can submit a written assessment to the local education agency (LEA) or school district. Parents, medical providers, school psychologists, or teachers can submit the requests.

“An assessment is an evaluation process that usually involves tests, interviews, and observations designed to identify your child’s strengths and evaluate specific issues related to school performance,” explains the Judicial Council of California. You can request your child be evaluated in all areas for special education services or concentrated (such as speech therapy).

Before the IEP Meeting:

Request drafts of assessments and reports before the IEP meeting. The IEP meeting itself can feel overwhelming. Requiring drafts ahead of time will allow you to review them so you can prepare, have notes and questions ahead of time, and refer to specific recommendations they list.

• Review the IEP draft and read it before signing. Do not feel pressured to sign the document at the IEP meeting without reading it.
• You can tour all proposed placements and meet all teachers and providers before signing the IEP.
• You should receive and read a “Notice of Procedural Safeguards” before the IEP meeting.
• Assessments and tests must be administered in your child’s native language or mode of communication.
• The IEP is a living document and can be edited and updated outside of the annual IEP meetings.

  What to Expect:

The assessments and evaluations have multiple steps and can be lengthy. The referral timeline is 15 days, followed by another 15 days for assessments (longer if it takes multiple meetings to complete one assessment, especially common in younger children and those with ADHD/ADD), then 60 days for the IEP meeting. The following steps are eligibility, classification, goals, placement, and services. Parents/caregivers will be asked to complete assessments about their child.

IEP meetings are scheduled annually, with progressive reports that should measure the goals placed in the annual IEP meeting. However, you can request an IEP meeting any time, and the school has 30 days to schedule the meeting. After the IEP and before its implementation, the school must provide you with prior written notice (PWN). Children receiving special education services will be reassessed every three years.

Understanding your rights also means not having to sign off on an IEP. According to the Judicial Council of California: “If you disagree with the school district’s assessment, you can request an independent assessment from qualified specialists at public expense. This request should be made in writing and directed to the district”

Reach out for Help and Guidance:

Understanding your child’s rights and your rights and responsibilities can be overwhelming. Do not hesitate to reach out for assistance.

Special Kids Connect is a local nonprofit whose mission is to develop resources and provide support to families in Monterey County. In June 2022, they received a grant from the California Dept. of Education that allows them to provide support to families who have a child involved in the special education system.

Jennifer Netniss, Education Director, explains: “We have a team of family support specialists who will meet 1:1 with family to talk about any area of concern or questions regarding special education.”

They will review your child’s IEP, help parents prepare for the meetings, strategize when you have a conflict, discuss how to resolve that conflict, and provide parent workshops.

National nonprofits may also have staff or volunteers to help with IEP goals and attend the meetings. There are also disability advocates and IEP consultants available for hire.

Qualifying for special education services and an IEP is a marathon, not a sprint. It will take several meetings and time to conduct assessments and create the child’s educational plan. Unfortunately, it’s a situation where as parents, we learn as we go and there are many unknowns. Researching your rights as parents and your child’s rights, seeking help from experts, and familiarizing yourself with the IEP process and expectations will empower you to advocate for your child and the services they are entitled to through FAPE.