Getting Organized for Your Child's IEP Meeting

19 September 2006, 1:00 PM EDT

The Individualized Education Program (IEP) lays out the school's commitment to provide special education and related services to eligible students. The Individuals with Disabilities Education Act (IDEA) requires that each eligible student must have an IEP in effect before he or she can receive special education and related services. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for a child with a disability. The IEP is the cornerstone of a quality education for each child with a disability.

To create an effective IEP, parents, teachers, other school staff - and often the student - must come together to look closely at the student’s unique needs. These individuals pool knowledge, experience and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. The IEP guides the delivery of special education supports and services for the student with a disability.

To provide you with the most up-to-date information on IEPs, in conjunction with today's chat, NCLD has updated the IEP chapter in our IDEA Parent Guide. This chapter includes changes based on the release of the final IDEA regulations which are effective October 13, 2006.

Read more about Bill Sellar
Read more about Connie Hawkins

*Questions will be answered during the live online chat.*

So, let's get started. Today, I am honored to be joined by two experts and parents that recently served on NCLD's Parent Advisory Panel to create our online Parent Center - Connie Hawkins and Bill Sellar. I am Laura Kaloi, Director of Public Policy at the National Center for Learning Disabilities, and I'll be moderating today's discussion.

We have received an overwhelming response to today's topic- thank you!

Today, we'll be offering replies to those questions most closely related to our discussion topic and of the broadest interest to our audience. (If you have questions unrelated to this topic, or have a specific concern with you/your child's experience, please contact your local Parent Training and Information Center), read NCLD's IDEA Parent Guide or send an inquiry to NCLD's Help Desk at help@ncld.org.

Comment from Judith Bradshaw-Rouse, Information and Referral Coordinator, Wisconsin Family Ties:
Could you hightlight the major changes in IDEA this year?

Connie Hawkins and Bill Sellar: Below is a brief summary of changes to the IEP process:

Individualized Education Programs (IEPs)
IEPs must contain measurable annual goals and a description of how the child's progress toward meeting those goals will be measured and reported, such as quarterly reports to parents. Additionally, special education and related services and supplementary aids and services must be based on peer-reviewed research to the extent practicable. Appropriate measurable postsecondary goals must be included in the IEP beginning no later than the first IEP to be in effect when the child is 16. Any transition services needed to assist the child in reaching those goals must be included. Additional new provisions encourage districts to consolidate IEP meetings with reevaluation meetings and to use alternative means of meeting participation when conducting IEP team meetings, such as conference calls and video conferences. Changes to IEPs in effect can be made without convening the IEP team if both the school district and parent agree.

IEP Team Attendance
A member of the IEP team can be excused from attending the IEP meeting, in whole or in part, if the parent and school district agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed, or because the member has submitted input to the team in writing. Such agreements must be in writing.

For a full summary of changes to IDEA, visit www.ld.org/idea

Question from L. Aiken, Parent of child with ADHD and OCD:
How do you know if your child's IEP is in his/her best interest?

Connie Hawkins and Bill Sellar:
Connie: The IEP should be based on a present level of education performance (PLOP or PLEP) that truly describes where you child is NOW in both academic and functional areas. After the PLOP is written to accurately describe your child's strengths and needs in those areas, the IEP goals should be written and designed to make real progress in the identified area.

It is also important for you to do a little homework prior to the meeting and make sure that information is available to write an accurate PLOP. Review the last IEP and identify what was not accomplished; look at any evaluations that were completed in the last year; and find our your state’s academic standards for your child’s grade. In addition, make sure that you have accurate information about big decisions such as the type of testing or test modifications, course of study, and transition planning. Don’t forget to talk to your student to find out what they think went well and what additional instruction or modifications they would like to have. A thoughtful IEP includes goals based on the student’s needs and state standards and also includes function skills if needed. This all helps ensure the IEP is in the best interest of your child.

Bill: In the end, it all comes down to what your gut tells you. No, you can’t just go with a feeling without reasons to back things up. So, first you need to consider your child’s strengths and weaknesses, interests, abilities, age and potential. Then, how has your child done in the past, what has worked and what hasn’t. Has your child been meeting the goals and objectives, have the goals and objectives been appropriate and challenging? And finally, do you see your child progressing with this IEP, and is there a good chance to achieve the long-term goals?

Additional resources:
See NCLD's IEP Planner and Seven Habits of Highly Effective IEP Teams by Eileen Hammar and Anne Malatchi (2004).

Question from Dr. Prema Rao, Associate Professor, Department of Speech Language Sciences, All India Institute of Speech and Hearing, Mysore, India:
A child with a learning disability generally is aware of his/her deficits in academic skills. If we entertain participation of the child in IEP meetings, does it have any negative or positive impact on the child? Are there scientific evidences on this issue of inclusion of a child with learning disability as one of the members of IEP?

Connie Hawkins and Bill Sellar:
Connie: I am not aware of any research documenting the effect of participation in IEP meetings on students with learning disabilities. There is evidence, however, that students who graduate from high school with an understanding of their learning challenges, knowledge of accommodations, modifications, and learning strategies that work for them, and self advocacy skills that are working for them are more successful in education opportunities after high school and employment.

Students can develop self advocacy skills and learn about accommodations and strategies by participating in IEP meetings. IDEA also requires that students participate in the transition planning which must be a part of the IEP by the time the student is 16. These meetings can be structured to ensure that the process is positive for the young person. You can find additional information on this topic at heath.gwu.edu.

To hear or read one parent's story about her son attending his own IEP meetings, click here.

Question from Margaret Bennette, Parent:
What is your opinion for hiring an advocate or attorney to achieve the goals for a child on an IEP. Why can't the parent be a sufficient advocate?

Connie Hawkins and Bill Sellar:
Connie: In my opinion, parents are their child’s best advocate. Often, in order to be the best advocates possible, parents need to learn new information and develop additional skills, for example, learning about what IDEA says about the IEP process and improving negotiation skills. There are many resources today to assist parents in learning how to advocate for their child including LDOnLine, NCLD, and the Parent Training and Information Centers (PTI) in each state and in some communities, a Community Parent Resource Center (CPRC). Contact information for PTIs and CPRCs can be found at www.taalliance.org.

Even with knowledge and skills, parents sometimes feel the need for an advocate especially if IEP negotiations are complicated, the situation has become adversarial or they would just like to have a support person. When using an advocate, parents should always make sure they remain their child's "best advocate" by retaining control of the direction and style of the advocacy. Parents should meet with the advocate to educate that everyone agrees on desired outcomes for the advocacy. Advocates can often be extremely helpful if the parent needs to take steps such as requesting mediation or filing a state complaint in order to get an IEP implemented.

Lawyers are necessary if the parent has decided to take legal action such as Due Process but should be used as the "last resort." It is extremely hard to keep the discussion child focused once the family and school system attorneys become involved because their expertise is the law not special education. Lawyers can definitely help parents exercise the right but are not necessary for every IEP meeting or to settle all disagreements.

Bill: I love working around the house or on my car, but I know my limits and will not hesitate to call in a professional if the job is too complex. That's the same feeling I have about hiring an advocate or lawyer. Hopefully, most parents will never have the need to bring in that extra help, but there are times based on how your child is progressing, your relationship with the school district and your knowledge and experience, and when you doubt that you can handle it yourself. Advocates know not only the laws, regulations and court decisions, but how to apply this information, and how it is being applied with other children and in other school districts. Parents are the Ultimate Advocate for their child. We need to be concerned about the long term and to make sure all of our child's needs are meet -- educational, social, emotional, financial or medical. It is just unrealistic to think that we can be experts in all of these areas. Currently, there are no national standards for being an advocate; however several states operate training programs for advocates through the Parent Training and Information Center (http://www.taalliance.org/) (http://www.napas.org/), the Protection and Advocacy Office or other nonprofit organizations, such as LDA, CHADD or others. Use NCLD's Resource Locator to find these resources in your state.

Question from Yolanda Gonzalez, Parent:
Is there a legal requirement that an IEP meeting be held within a specific time from when it was first requested by the parent?

Connie Hawkins and Bill Sellar:
Yolanda: IDEA requires that an initial IEP must be developed within 30 calendar days after a student is found eligible for services. After the initial IEP, IDEA requires that IEPs be reviewed and revised annually. Of course, either the school or parent can request a meeting at any time. However, IDEA does not provide a specific time within which a school must hold an IEP meeting requested by a parent. There would be an expectation that the meeting should be held within an "appropriate" or "reasonable" period of time. Always make your request for an IEP meeting in writing so that you have a record of the request, including the date that it was made.

Your state special education regulations might contain such a requirement, and/or your school district might have a policy about this, so be sure to check into those possibilities.

Question from Christine Bychowski,parent of six in Chicago Public School System, one special ed student, one LD student:
When attending the IEP meeting how do you get the group to understand that without intervention the student(s) could not perform at the level they are performing? How do you keep them from removing the services in place every time they achieve higher grades only to have to put them back in place when they begin to fail again?

Connie Hawkins and Bill Sellar:
Connie: An effective strategy for ensuring that the IEP team understands the importance of the current interventions or accommodations is to include them in the discussion when writing both the Present Level of Performance and the measurable goals. For example, a present level of performance can say "using a calculator for computation", the student can demonstrate knowledge of math applications or the conditions that are an important part of writing a measurable IEP goal could include small group instruction, reinforcement by teacher, etc. It is important that the effective interventions and accommodations be discussed and written in as many places in the IEP as possible. DonÂ¹t wait to discuss them at the end of the document or meeting.

IDEA 2004 federal regulations make clear that states must provide a free appropriate public education (FAPE) to any student with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. So, basing a student's eligibity for services on the performance that results from special education is not appropriate and would contradict IDEA 2004 federal regulations.

Question from Joy Peace, parent and early interventionist, Tennessee Infant Parent Services School:
My daughter has dyscalculia and in each of her neuropsychological evalulations the use of a calculator has been recommended as an accommodation for her. I have had resistance from her math teachers in allowing this accommodation. She is taking Algebra I and Geometry as she previously failed these courses. How can the IEP be written to include the use of the calculator as an accommodation for her so that its use can be enforced if the teacher says it cannot be allowed? Thank you for your assistance in this matter!

Connie Hawkins and Bill Sellar:
Bill: What was the district's reaction to the neuropsychological evaluations and their recommendation to use a calculator, did they object to it, or was it simply not addressed? It sounds like the issue was not addressed at an IEP meeting. Also, what was the problem when she took these courses before? Did she understand the concepts, but had trouble doing the basic math --the part that using a calculator would solve? When you talk to the IEP team you need to stress these neuropsychological evaluations, that in her previous attempts at the courses it was the basic math that caused her problems. Also, as part of transition planning, you need to consider how your daughter will function after high school and using a calculator may just be one of the tools she may need.

Keep in mind that certain accommodations, while appropriate for the student for instruction, may not be allowed during state testing. This can potentially make it impossible for a student to pass a test, which could be a high stakes exam (required for graduation with a regular diploma). You need to check with your district and state office of special education to make sure you understand which accommodations are allowed for instruction, testing or both.

Question from Nadine Kabat, Concerned Mother:
My daughter is 11 and has just been diagnosed with PDD. She has had some speech delays and was receiving speech services at school. According to the school, she no longer needs these services. My feeling is that since this is a communication disorder, and we have trouble at times understanding her, that her speech services should be re-instated. Do you agree? And, how should I go about acheiving this change for her. Thank you very much!

Connie Hawkins and Bill Sellar:
Connie: What information did the school use to determine that your child no longer needs speech services? The decision to no longer provide speech services or any other related service included in IDEA must be based on an evaluation that determines that the child no longer needs that services or no longer meets the state’s definition for eligibility. Did you see the evaluation on which this decision was based? If not, request that you be given a copy of that information. If the decision was not based on an evaluation or if you disagree with the contents of the school's evaluation, you can request an independent evaluation conducted by someone not employed by the school system. For more, see NCLD's IDEA Parent Guide.

Question from Marcus, parent:
My son needs specific help in one class. Because of a scheduling issue, he does not have an aide. How do I ensure he gets this help he needs when the school does not get back with me?

Connie Hawkins and Bill Sellar:
Connie: I would suggest that you write a thank you note that documents the problem and ’anticipates’ an update. For example,

Dear Ms. Smith,

Thank for meeting with me last week (or talking on the telephone) to discuss the lack of support services in my son’s class. These supports are on his IEP but haven’t been provided this year. As I mentioned to you, I am very concerned because..

Could you please let me know when you anticipate having any recommendations or information for me? I really appreciate your willingness to check on this situation and look forward to working with you to find a solution. Thank you again.

Sincerely,

This type of letter can be emailed, faxed, or mailed and provides important documentation of the problem and steps you have taken but is written in a format that should not create an adversarial reaction. Unfortunately, it often takes something in writing to encourage school personnel to find solutions.

Question from Ricki Sabia, parent:
What process should the IEP team go through in order to determine the appropriate accommodations for a child's instruction and assessment and how can parents ensure that these accommodations are actually being provided?

Connie Hawkins and Bill Sellar:
Connie: The IEP teams should start with information from the Present Level of Performance (PLOP) and the state academic content standards to begin the discussion about the need for accommodations to assist in learning the grade-level content standards as measured by regular achievement standards, or modifications of the achievement standards, or alternate achievement standards. There should also be a discussion to identify the functional skills that are necessary for the student. The above information should be used to write IEP goals for special education services and document accommodations needed for access to the general curriculum.

It is very important that the decision about what modifications or accommodations the student needs to work toward state academic content standards happen before the discussion on assessment. It is easy to let the availability of modified and alternate assessments determine the program of the child instead of the studentÂ¹s needs as identified in the PLP and goals. The determination of type of assessment should be based on the accommodations and modifications the studentÂ¹s has needed throughout the IEP.

The best way to ensure that accommodations are being provided is to make sure that the IEP goals are measurable and that your are receiving frequent reports of progress. A lack of progress could indicate the the student is not receiving the appropriate instruction, modifications, or accommodations.

Bill: To determine the appropriate accommodations the IEP team needs to follow the IEP process, the details can be found in Chapter 7 of NCLD’s IDEA Parent Guide. Ensuring that the school is providing all of the accommodations can be difficult. The best source would be your child if they can tell you about their day, you can ask a few questions as you help them with their homework. You can find out who their friends are and what they do at recess, it also opens up a line of communications that may prove invaluable when they hit their teenage years. If your child can't reliably tell you what is going on in school you need to get creative. On days when your child is scheduled to receive therapy send a quick question in to the therapist, if you don’t get a reply that day, ask why. Go to the parent teacher conferences and find out what your child is learning and how the teacher approaches the task. If your child does poorly on an assignment, ask the teacher what happened, did they not get enough time, couldn’t they use a calculator, wasn’t the aide there to redirect their attention to the problem or to rephrase the question?

For more information on using standards in IEPs, visit the National Association of State Directors of Special Education's Project Forum.

Question from Mrs. Franzen, Resource:
Since the objective section on the goal page of the IEP is no longer required, should we begin to see more goals written or should the goals become more specific in nature?

Connie Hawkins and Bill Sellar:
Connie: Good question! Parents should advocate for more measurable IEP goals not necessarily more goals. A measurable goal should include:

â€¢ A Target Behavior - the skill or behavior in need of being acquired or changed;

â€¢ A Condition - the circumstances under which the target behavior is to occur;

â€¢ A Criteria - the acceptable level of performance of the target behavior or skill.

Information on how progress will be measured will need to be an important part of IEPs without objectives. Many school system are including information about student progress monitoring on the IEP to document how progress will be measured. You can find additional information on this subject at studentprogress.org

Bill: IDEA requires the IEP to contain ’A statement of measurable annual goals, including academic and functional goals designed to-- (A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and (B) Meet each of the child’s other educational needs that result from the child’s disability;’ So the goals can be as specific and detailed as needed.

Question from Adam:
If a student has an IEP for Reading is it legal for them to receive services in Writing and Grammar, if they do not have an IEP or goals and objectives for these subjects? Where could I find more resources on this issue?

Connie Hawkins and Bill Sellar:
Bill: Yes. There is nothing that prevents a school from providing special education services to a student that go beyond those in the IEP, especially if the services and supports will help the student. However, if the student really needs those services, then there should be goals for them in the IEP so that progress is reported.

Some schools are increasing support to all students, including those with disabilities because of NCLB’s requirement that all students are working at grade level by 2014 so they are identifying students that are either failing or in danger of failing and providing them with extra help. One potential model for this additional service is Response to Intervention RtI. You can find out more about RTI, visit the RTI Action Network's website.

Question from Karen Ramsden-Zahler:
Last spring, we had an IEP meeting with our district's CST. Due to past experiences with the district (due process action), we usually tape record the meetings for information's sake, and so when we put the recorder on the table it suddenly became a problem for the case manager who was unprepared for a recorder. I ended up being the nice guy and making her a copy of the meeting tape. Don't we have a right to record the meeting and did we have to notify the CST in advance of our intentions?

Connie Hawkins and Bill Sellar:
IDEA does not include the right to tape recording meetings. The federal law also doesn't prevent you from taping because that subject is not mentioned in IDEA. Your state law or regulations may address this issue or your school district might have a policy. The need to notify the CST prior to taping might be a local policy. I would assume that you follow the school system protocol on notice and assume that you have the right to tape unless someone points out differently.

Question from Ann, parent:
After our meeting for the IEP, the final draft came to me in the mail for my signature. It didn't include most of the changes that we had discussed to be changed from the last IEP. What should I do?

Connie Hawkins and Bill Sellar:
Bill: You need to send a letter to your child's case manager immediately (I believe within 15 days) bringing each of these discrepancies to their attention. You need to list each point that was omitted from the IEP. You should include what was agreed to and a brief summary of the rational for the decision. Hopefully, the district has made an honest mistake in omitting these points and will add all of these changes to the IEP. This is a perfect example of why some people, including advocates, tape record all meetings. This way, if the district denies that it had agreed to a change during the IEP meeting you can replay the tape for them, or a judge.

Question from Annette Kiel, parent, Whitnall Middle School:
My son's annual IEP is in January. I would like to meet with the team earlier to discuss his accommodations. Can I get the date changed on the annual IEP to meet earlier in the school year rather than mid year?

Connie Hawkins and Bill Sellar:
Bill: Hi Annette. While the law requires IEP’s to be reviewed at least annually, it certainly allows more frequent meetings. You need to request a meeting in writing and be as specific as you can on what you want to discuss and why. The school and/or district can reject your request for a meeting, but they need to state why they are rejecting it.

IDEA 2004 now permits changes to be made to a student's IEP following the annual meeting without convening the entire IEP team. This new provision allows for minor changes, such as adding or deleting an accommodation, by the parent and a school representative agreeing to the change, providing a written record of the change and communicating it to all other school staff responsible for implementation.

Question from Susan Penny, Parent:
What should I do with the old IEP documents? I have them from the beginning,(2nd & 3rd grades)now a Jr. in High School & 6th grader. ALSO- My Jr. should now be thinking of college. What steps do we need to take to ensure IEP remains in force in college? Are there any colleges in Georgia you recommend for LD / ADD kids?

Connie Hawkins and Bill Sellar:
Bill: You should place them in binder(s) in chronological order (actually, you should be doing this already) you never know when this information will come in handy.

IDEA requires that students participate in the transition planning which must be a part of the IEP by the time the student is 16. Your school should have a process in place to develop a Summary of Performance as required by IDEA. Once a student graduates from high school and enters college, IDEA no longer applies. The Americans with Disabilties Act (ADA) and Section 504 of the Rehabilitation Act 0f 1973 are the applicable laws. For more information on transition planning for college, see NCLD's Parent Advocacy Brief on the topic.

In looking for colleges that are special needs friendly, this should be discussed as part of your child's transition planning to post secondary placement. Your IEP team, or guidance counselor should be able to tell you what colleges have programs that support students with a learning disability. Some are also listed in NCLD's Resource Locator.

Additional resources:
www.college-scholarships.com/learning_disabilities.htm
http://www.ncset.org/
http://www.heath.gwu.edu/
http://www.youthhood.org/

Question from Jackie Green, parent, Streetsboro School System:
I wonder if it would be possible to address a "Twice Exceptional" child? Our school system is giving us a terrible time and resisting putting "gifted" items in our son's IEP - but addressing his disability via his gifted areas is the only proven succesful method. Are there any precedents for or against including gifted accomodations in an IEP?

Connie Hawkins and Bill Sellar:
Bill: Yes. You can put gifted items in his IEP, however the requirements for school districts concerning how they implement a gifted and talented program is not nearly as regulated as the requirements for special education. You need to start out just as you would with any other IEP. Consider his strengths and present levels of performance, along with what has and has not worked in the past. I hope that you have documentation that when the district capitalized on his gifted areas they were able to successfully address his disabilities. A friend of mine has a son who is extremely gifted, but is also has behavioral issues that become apparent when he is bored, which happens when the material is presented at the normal level for his grade (he picks up new material in about Â¼ of the time as his classmates. However, when his teachers can engage him and keep him engaged in the lesson his behavior is appropriate.

Question from Teresa Avila, Parent of a child with LD/ADHD and a elementary education major:
My son's current teacher isn't following the IEP plan that was done last year, how do I approach her about this issue? I don't want to sound pushy or rude. I don't think she is aware of his IEP.

Connie Hawkins and Bill Sellar:
Connie: I assume that it is the regular education teacher that is not following the IEP. Ask that teacher if she is aware that your child has an IEP, has she read the document, and does she understand how to implement the parts of the IEP that pertain to her classroom. You might find that she has not seen the IEP and, if that is the case, ask your child's special education teacher to meet with that teacher to review information about your child's IEP and provide her with a copy.

If she is aware of the IEP but has chosen not to implement it, educate her about the IEP goals and objectives--that they are necessary for your student to receive an appropriate education--and ask what additional information or support she needs in order to implement the IEP. Let her know you will follow-up in writing about the conversation and also follow-up if the IEP is not implemented. You can do this in a non-confrontational manner and still be a strong advocate for your child.

Question from Mary Woods, parent:
My daughter has a rare chromosonal abnormality...she's received OT and speech for a while but is now in Kindergarten. I have not shared her diagnosis and am hoping she does well. I will discuss the IEP for her with her teachers based on some delays. How do you feel aboutsharing a diagnosis?

Connie Hawkins and Bill Sellar:
Would the diagnosis give the education professionals information that would be useful in developing an educational program for your child? For example, most children with Williams Symdrome benefit from educational strategies that use music. In this case, it is important for the teachers and therapists to know the diagnosis because it could help determine useful education strategies. You will be a part of the team making decisions about your child's education. Just make sure that the team has information that is relavent and needed to make good decisions for your child.

Question from Elaine, parent, Sonoma County:
We have a bright 7th grade son who is ADHD and ODD affected and is currently enrolled in our district's public charter school. We chose the charter school because the IEP team agreed that the smaller class sizes, block classes would be positive for him (as opposed to the local Middle School). Now, he isn't doing well and the school wants to expel him. Should we hire an advocate, what do we have a right to require of the charter school? Note: NCLD has edited the personal information in this question in order to focus on the issue related to students with IEPs and charter school enrollment.

Connie Hawkins and Bill Sellar:
Connie: First, find out what your state's charter school law says about who ensures compliance with IDEA in your state. In some states charter schools are under the local school system and in others they directly report to the state education agency. You mentioned your district's public charter school but make sure that the district is in charge. This information is important because it will help you identify your appeal process. Also, not knowing how comprehensive and up-to-date the evaluation is, you may want to request that a 'functional behavioral assessment' (FBA) is conducted. From that, a 'Behavior Intervention Plan' is developed.

Public charter schools receive federal funds to provide special education services and are required to implement IDEA just like other public schools. This means that the school must follow the same procedures to expel a student such as a meeting to determine if the behavior that caused the recommendation for expulsion was caused by the disability and if the IEP is being implemented. A student cannot be expelled for just not doing well.

If nothing has happened to warrant a disciplinary expulsion from that school, any other changes must be a part of the IEP and placement process. The charter school IEP team including you would have to meet to rewrite the IEP and, based on that IEP, recommend a change placement from that school. If you disagree with the team's decision, you have the right to use the appeal process outlined in the ParentÂ¹s Rights Handbook for your school system or state.

Question from Lori Duppstadt, Parent:
Last year, my daughter's private school asked that I develop an IEP with my child's therapist rather than the school / teacher. They would follow the IEP, but not take part. How do I involve them?

Connie Hawkins and Bill Sellar:
Connie: Hi Lori: I assume from the question that you have chosen for your child to attend the private school and that the school is not required to follow the IEP process included in the Individuals with Disabilities Education Act (IDEA). IDEA contains a list of required members of the IEP team that includes the child’s teacher and someone representing the school. You would have to give permission for them not to participate in the IEP meeting. However, IDEA only applies to students in public schools or those who have been placed in private schools by the public school system.

If your child’s private school is not required to comply with IDEA, there are still strategies you can use to get input from the teachers and other school personnel to include in the IEP process.

Question from Sarika Khurana, Doctoral Fellow, All India Institute of Speech and Hearing:
1. How does an IEP team come to a consensus regarding the order of intervention, considering the fact that a special child needs intervention in various disciplines? How do they decide which discipline should be targeted first? 2. Does the IEP team have a member (like a team leader) to supervise the performance of all the agencies providing services to the child? Does the team leader mediate and resolve issues arising due to disagreements among the agencies?

Connie Hawkins and Bill Sellar:
Bill: 1) The IEP team could use serveral criteria to make this decision. First, they could go with the intervention that has the potentenial for the most improvement for the least effort. However, this is not to say the IEP team should make a decision solely on cost, the emphasis should be on the benifit to the child. Second, they could address the more basic problem. A child's lack of reading skills will affect theie performance in virtally all other facets of their education and if corrected, will allow the child to progress in many other subject.

2) Every child should have a case manager to coordinate the services during the year. To be sure that the child is not scheduled for multiple therapies at the same time, or a therapy is not scheduled during a class that the child can not makeup, say art, music etc. The case manager should be able to mediate any scheduling disagreements, but if the disagreements revolve around what services will or won't be provided then that is a decision that needs to be made by the entire IEP team, including the parent.

Question from Cynthia, parent:
How do I convince my school that my daughter needs an IEP? We had her privately tested in Kindergarten (with clear results that she is not working at grade level.) She is now in second grade and is struggling just to keep up with her class.

Connie Hawkins and Bill Sellar:
Connie: First, find out what the special education referral and identification process is in your school district. Some school systems have a required early intervention process or pre-referral process that must happen before testing a student for learning disabilities. Talk to your child's teacher and ask her to help you begin this referral process. Since the teacher has important information about how your child is actually performing in the classroom, it is helpful to engage her support for this referral. If the teacher does not agree, you can make the request for referral by yourself. It is important to make requests in writing so you can document that you have asked for assistance in identifying if your child needs special education services.

The school probably has an assistance team that will meet to discuss your request for referral. Make sure that you share the information from the private evaluation with that team, however, the evaluation is too old to be used to make decisions about your child's needs. If the school refuses to refer your child for evaluation, you can appeal that decision using your state or district's special education appeal process.

Bill: I would write to the person in charge of special education in your school and/or district, and request an evaluation. Your request should include a copy of the private test, and all of your reasons why you are requesting the evaluation i.e. report cards, test scores, homework assignments, notes that her teachers have sent home about her progress. The more information about how your daughter is struggling the harder it will be for the school to reject your request for the evaluation.

Question from Connie Wessner, parent, Davidson Elementary:
How do we withdraw our child from services?

Connie Hawkins and Bill Sellar:
Bill: A parent can revoke their consent for services anytime. The request should be in writing. But I would suggest that if you feel the services your child receives are not adequate, you should ask for an IEP meeting and see if there is another solution.

Be aware that the school has an affirmative obligation to provide special education services to students identified as having a disability and needing special education to benefit from instruction. So, if the school disagrees with your decision to stop special education services, it can use the dispute resolution options available under IDEA.

Question from Ms. Freitas, Parent:
Can schools give you two different IEP's, one if you agree to put your child in their reading program and one if you do not agree to the reading program?

Connie Hawkins and Bill Sellar:
Bill: Technically, there is not a provision in IDEA that allows for two IEPs. There may be two draft IEPs prepared and discussed at the meeting, but only one can be in effect (and used by all) -- the one that provides a free, appropriate, public education (FAPE).

There may be a provision that allows for a difference in the reading program. If there are other differences, used to justify one reading program or another, then you have a problem(your state Department of Education might be interested in seeing both copies of these IEP’s). The IEP team FIRST needs to consider your child’s strengths and weaknesses, the results of their most recent evaluations, their academic, developmental and functional needs, along with the present levels of performance (PLOP). Only after gaining a complete understanding of where your child is can the IEP team consider the services and programs that are needed to support your child and allow then to progress.

Connie: If your child is participating in the reading program that is being used for all regular education students, that program would be consider ’general education curriculum’ and would not be included in the IEP goals. Any necessary accommodations or modifications would be included but not the student’s progress in the program itself. If your child needs a different reading program that provides what IDEA call ’unique instruction’ or special education, the student’s goals using that program should be included in the IEP. The IEP would also include information on how much time would be spent providing this instruction and where it would be provided. These two IEPs would contain different information but would use the same format and IEP process required by IDEA or your state or local special education procedures. It is also important to remember that either IEP must be based on the student’s needs not what the school has available.

Question from deborah simonetti rn and mother:
When asking for school records to prepare for an educational evaluation, how far back should I go?

Connie Hawkins and Bill Sellar:
Bill: Hi Deborah. Most evaluators will want to see all of the child's educational records, so I'd recommend that you request copies of the entire file. Be sure to make copies for the evaluator and keep a set for yourself.

Question from Susan Penny Roswell, GA Parent:
In prepreation for my children's upcoming IEP meetings, how often should the you have a full scale phychological evaluation? Both children have LD and were elegible for testing after 3 year but the school claimed they are doing well and may not "requalify" for special education services. Is this a good thing, or should we push for the testing?

Connie Hawkins and Bill Sellar:
There are two reasons to have a phychological evaluation (1) to get additional information for writing a present level of performance or to assist in determining the students needs, and (2) to determine if the student still meets the state's definition of a student with a disability and continues to be eligible for special education services.

When school system's were required to do a full evaluation every three years, many students with learning disabilities popped in and out of special education based on how those scores fit into the discrepancy model used for identification. Today, school systems and parents have the option to not do a full scale psychological evaluation every three years and this can prevent many student's from disqualifying from special education.

But before you make the decision not to test, make sure you do not need the information provided by the test for an accurate PLP. In my opinion, education evaluation is often more important than the psychological evaluation but you can judge what information is critical to your child's PLP.

Question from Conny Mayer, Parent, 6th grader with an IEP:
How can I get the school system to re-test my son? He has not had any tests since the end of kindergarten (and those paid for by family/not the school system) and I feel, at this point, that there is no baseline for sorting out where he is. His elementary school would not retest. I am hoping that maybe his middle school will. But how to make them?

Connie Hawkins and Bill Sellar:
Bill: According to IDEA, students must be reevaluated once every three years unless both the school/district and parent agree that it is not needed. So, you should request the reevaluation in writing, reminding them when your son’s last evaluations were done and that IDEA requires the reevaluations every three years.

Question from Carrie McGaha, Parent, Horatio Elementary:
What do you suggest a parent to do when the school will not even consider any of your suggestions? They won't take parent concerns seriously and will not write their refusals in their notices. The notices are very vague and don't reflect what goes on in the meeting.

Connie Hawkins and Bill Sellar:
Bill: Sounds like you need to be making all of your suggestions in writing, creating a paper trail that may come in handy if you need to go to due process. Along with your written suggestions, you need to include your rationale. Also, you need to insist that the district responds in writing. If they call you and start to answer you verbally, just tell them that you don't have time at the moment but would love to read their responce. If they don't ackowledge your letters, you could hand deliver one copy to the school and have your case manager sign and date a copy of the letter, acknowledging that they recieved it. Hopefully, this will show the district that you are serious about your concerns and take your suggestions seriously. If not, this paper trail could greatly help you if you need to hire an advocate or lawyer.

Question from LJaegers, parent of child with AD/HD and reading disabilities:
Can you recommend a good source for learning how to write effective and appropriate goals for my child?

Connie Hawkins and Bill Sellar:
Keep watching NCLD.org! Since the final changes to IDEA 2004 are effective on October 13, 2006, the "importance" of writing measureable IEP goals without objectives for most students is an important concern. Many sources of information are being updated and revised. NCLD will publish information on the website very soon!

Laura Kaloi (Moderator):
That concludes our discussion for today. Thanks to everyone for the thoughtful questions and thanks to our experts, Connie Hawkins and Bill Sellar for their time today.