by Tami Joia

Created on: September 18, 2009   Last Updated: September 19, 2009

First, you must understand that an IEP is the end result of a Determination of Eligibility for Special Education.

The development of an IEP can only take place after the school completes their evaluation(s) as requested by the parent or various others who work with or provide services to the child, i.e. doctors, therapists, guidance counselors, social workers, adjustment counselors, teachers, etc. Once the request for an evaluation has been completed the school district has 60 days, under federal law, to have the completed written evaluation in the parent's hand. Then, within 10 days of the completion of the evaluation, the school district must convene a team meeting to discuss the results and determine eligibility.

An IEP (Individual Education Plan) is the heart of IDEA (Individuals with Disabilities Education Act). It has nine required elements: a statement of the child's present levels of academic achievement and functional performance, measurable annual goals, description of how the child will meet the annual goals, a statement of special education and related services and supplemental aids and services, an explanation if the child will not participate with non-disabled peers in the regular education classes, statement of appropriate accommodations that may be necessary to measure academic achievement, dates for the beginning, frequency, duration, of services and modifications, of the services, beginning no later that the first IEP to be in effect and updated annually, and beginning no later than one year before the child reaches 18 years of age under state law a statement that the child has been informed of their rights. (John W. Norlin, Esq. The Answer Book on IEP-Third Edition and Federal Regulation: 300.324(a)).

Without all of the above-required elements in an IEP, the child is being denied A Free Appropriate Public Education, which is a violation of state and federal special education laws and regulations. Many IEPs do not contain the elements listed above. It is my experience that at most team meetings my job has been to tweak out the original IEP to ensure that the appropriate services are being delivered to the student with a disability addressing his/her unique needs. The IEP is a playbook with strategies on how to meet the goals and objectives that will assist the child with a disability to achieve academic, social/emotional, and behavioral success.

For more information Google "Building the Legacy 2004" click on Part B, in the search field type 300.324(a), this will tell you what the IEP Development is all about.

In many states as in Massachusetts, the Dept. of Education, Special Education Website has information as to the Guidelines in writing an IEP http://www.doe.mass.edu/sped/iep/. This information will prepare you for the process. Also, to prepare you for the Team Meeting, I have always advised my clients to obtain a blank copy of the IEP forms from the same website and this is where the requests for specific services are written and they are based on what you believe your child's needs are, their academic performance, social/emotional issues that may be exhibited, behavioral issues, and the school district's evaluation results and recommendations.

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