Navigating the Individualized Education Program (IEP) Process

This article was written as an overview to help parents navigate the tricky process of acquiring an individualized education program (IEP) for your child. Please note that this post is not an exhaustive guide and should not be your sole source of information on IEPs. It does not include every in and out of the process. This post also focuses on the New Jersey legislation and may not accurately reflect legislation in every state. This is not legal or clinical advice. However, I have still attempted to outline the process and give some helpful tips to those who are interested.

To start off, what is an individualized education program? An IEP’s purpose is to maintain the right to equal education for all children. Children with disabilities often have different needs in the education system and may require certain accommodations to give them equal access. An IEP is a plan written in collaboration with the family, school, and outside professionals. It is intended to describe both a child’s performance and their specialized needs in education. The IEP should include a goal for the student and is periodically revisited (the frequency depends on your state's legislature) to reevaluate accommodations and assess performance in the classroom; there needs to be an IEP meeting once every year in New Jersey.

The process of acquiring an IEP is generally started in one of two ways. If the school sees that a child is having issues in the classroom, they may reach out to the parents and ask to initiate an assessment of the child. As the parent, the school needs parental consent to proceed with the assessment, so you have the choice to deny their request. The other possibility is, as a parent, if you feel your child needs extra support in the classroom, you can talk to the school and initiate an assessment of your child. Due to the Individuals with Disabilities Education Act (IDEA) schools are legally required to respond to parents’ or guardians’ requests. If they choose to deny the request, they must provide a written explanation of why the request was denied. If you disagree with their refusal and feel that your child could use accommodations, you still have options to pursue them. Another right reserved in the IDEA is the right to an Independent Educational Evaluation (IEE). An IEE is an assessment performed by a qualified professional not associated with either the school or the family, thus eliminating bias. As a parent, you have the option to request one if the school denies your request. The school legally has two ways to respond to an IEE request. Either they approve and fund the IEE themselves or they can file for a due process hearing with a hearing officer if they still feel their own evaluation was accurate. If the school loses the hearing, they are required to fund the IEE. If the school wins the due process, you may still be able to get an IEE; however, the school does not need to fund it.

If your child is approved for accommodations, a meeting is then scheduled to start discussing what accommodations are needed for them. To ensure that multiple perspectives are acquired and accommodations are professionally evaluated there are a few requirements for who must be present at the IEP meeting. These requirements have some variation depending on what’s appropriate for the student. The parents must be present, as well as the student if they are over 14 years old. There must also be one general education teacher (if the student is interested in general education) and one special education teacher. Additionally, a child study team member, a case manager, and a school district representative need all be present at the meeting. 

Here is a visual representation of the different steps and possibilities in the process of obtaining an IEP.

An IEP requires the use of the least restrictive environment (LRE) in giving accommodations. This means that students must be integrated in the classroom as much as possible in relation to the student’s needs. In section 300.114 of the IDEA, the requirements for LRE are described as the following:

(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Now, who does the IEP apply to? In the IDEA, thirteen categories are listed as qualifying for an IEP. These thirteen categories are: 

1. Specific learning disability

2. Speech or language impairment

3. Other health impairment

4. Autism spectrum disorder

5. Intellectual disability

6. Emotional disturbance

7. Developmental delay

8. Multiple disabilities

9. Hearing impairment

10. Orthopedic impairment

11. Visual impairment

12. Traumatic brain injury

13. Deaf-blindness

Finally, with IEPs, each child is required to be officially reassessed at least every three years (in the state of New Jersey) to determine if they still require the accommodations in place or if any changes should be made. Reevaluations follow a format similar to the initial evaluation of the child. The IEP team will meet and review the data collected on the student. Depending on where there may have been growth or work may still have to be done, adjustments are made to the accommodations.

I hope you have been able to learn something from this article and have a better sense of what may be needed to acquire accommodations for your child. This can be an overwhelming process, and you are taking difficult steps to help your child succeed– kudos to you for doing this for them!