Education Process Under IDEA
(Individuals with Disabilities Education Act)
Adapted from: Guide to the Individualized Education Program,
Office of Special Education and Rehabilitative Services, US Department
of Education, July 2000.
Introduction
Each public school child who receives special education and related
services must have an Individualized Education Program (IEP). Each IEP
must be designed for one student and must be a truly individualized
document. 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
children with disabilities. 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 support and services for the
student with a disability. Without a doubt, writing--and
implementing--an effective IEP requires teamwork.
The writing of each student's IEP takes place within the larger
picture of the special education process under IDEA. Before taking a
detailed look at the IEP, it may be helpful to briefly look at how a
student is identified as having a disability and needing special
education and/or related services and, thus, an IEP.
Step 1: Child is identified as possibly needing special education and related services
"Child Find" is the process used to identify, locate, and evaluate
all children with disabilities who may need special education and
related services. A child may be identified by "Child Find," and parents
may be asked if the "Child Find" system can evaluate their child.
Parents may also call the "Child Find" program and ask that their child
be evaluated. For a child enrolled in a Worcester County Public School,
contact the school principal. For a child not enrolled in a Worcester
County Public School, contact the Child Find Coordinator, Stacey Russell, by calling 410-632-5034.
Are You Concerned About Your Child's Development? A Child Find Brochure for Families
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Step 2: Child is evaluated
An IEP team recommendation and parental consent is needed before the
child may be evaluated. The evaluation must assess the child in all
areas related to the child's suspected disability. The evaluation
results will be used to decide the child's eligibility for special
education and related services and to make decisions about an
appropriate educational program for the child.
Step 3: Eligibility is decided
A group of qualified professionals along with the parent(s) review
the child's evaluation results. Together they decide if the child is a
"child with a disability," as defined by IDEA.
Step 4: Child is found eligible for services
If the child is found to be a "child with a disability," as defined
by IDEA, he or she is eligible for special education and related
services. Within 30 calendar days after a child is determined eligible,
the IEP team must meet to write an IEP for the child.
Step 5: IEP meeting is scheduled
The school system schedules and conducts the IEP meeting. School staff must:
Contact the participants, including the parents;
Notify parents early enough to make sure they have an opportunity to attend;
Schedule the meeting at a time and place agreeable to the parent(s) and the school;
Tell the parents the purpose, time, and location of the meeting;
Tell the parents who will be attending; and
Tell the parents they may invite people to the meeting who have knowledge or special expertise about the child.
Step 6: IEP meeting is held and the IEP is written
The IEP team gathers to talk about the child's needs and write the
student's IEP. The parent(s) and the student (when appropriate) are part
of the team.
Before the school system may provide special education and related
services to the child for the first time, the parent(s) must give
consent. The child begins to receive services as soon as possible after
the meeting.
If the parent(s) does not agree with the IEP and placement, they may
discuss their concerns with other members of the IEP team and try to
come to an agreement. If they still disagree, the parent(s) and/or
school are encouraged to contact the Supervisor of Special Education for
the Worcester County Public Schools at 410-632-5036.
Step 7: Services are provided
The school makes sure that the child's IEP is being carried out as it
was written. The parent(s) is given a copy of the IEP. Each of the
child's teachers and service providers has access to the IEP and knows
his or her specific responsibilities for carrying out the IEP. This
includes any accommodations, modifications, and supports to be provided
to the child, in keeping with the IEP.
Step 8: Progress is measured and reported to parents
The child's progress toward meeting the annual goals is measured, as
stated in the IEP. His or her parent(s) are regularly informed of their
child's progress. Progress reports must be given to parents as often as
parents are informed of their non-disabled children's progress.
Step 9: IEP is reviewed
The child's IEP is reviewed by the IEP team once a year, or more
often if requested by the parent(s) or school. If necessary, the IEP is
revised. Parents, as team members, are invited to attend and may make
suggestions for changes.
If parents do not agree with the IEP and placement, they may discuss
their concerns with other members of the IEP team and try to come to an
agreement. Should an agreement not be reached, parents are encouraged to
contact the Supervisor of Special Education for the Worcester County
Public Schools at 410-632-5036.
Step 10: Child is reevaluated
At least every three years the child must be reevaluated. This
evaluation is sometimes called a "triennial." Its purpose is to find out
if the child continues to be a "child with a disability," as defined by
IDEA, and what the child's educational needs are. However, the child
must be reevaluated more often if conditions warrant or if the child's
parent or teacher asks for a new evaluation.
Step 11: Information for Parents: Resolving Concerns and Conflicts
Where to Start
Your child's education is a priority for you as it is for the staff
at your child's school. Conflict, misunderstandings, and poor
communications do some times occur. In your child's best interest it is
very important that these situations be resolved in a positive and
productive manner. The first step in resolving concerns and conflicts is
to address them with the staff member who is most directly involved. In
most cases this will be your child's general education or special
education teacher. A parent may want to request a conference and follow
up with a note identifying specific concerns. Of course, the school
principal may be contacted at any time regarding concerns.
When disputes arise that cannot be resolved between parents and
school-based personnel, the parents and school staff members are
encouraged to contact the Supervisor of Special for the Worcester County
Public Schools at 410-632-5036.
Mediation
If unresolved issues remain after attempts to resolve them
informally, parents and educators can use mediation to resolve
disagreements about a child's special education needs (birth through age
21). Parents or school staff may request mediation whenever
communication has broken down or there is a dispute that can't be
resolved. The focus of mediation is to find a solution that is in the
best interests of the child.
Involving attorneys, requesting a hearing, or filing a complaint with
the Maryland State Department of Education, very often results in
damaging relationships and communications. Mediation on the other hand,
brings parties together to work with each other to resolve a
disagreement. Mediation assists everyone to better understand differing
points of view. An impartial mediator helps the participants communicate
their concerns to each other. All parties are involved in the
decision-making and everyone has an opportunity to express concerns and
offer solutions. Mediation is voluntary. All parties must agree to
participate and are in control of the outcome.
Worcester County Public Schools uses trained mediators from the
Maryland Office of Administrative Hearings. To request mediation, please
contact the Supervisor of Special Education for the Worcester County
Public Schools at 410-632-5036.
Resources for Families
Partners for Success, Preschool Partners, and Family Support Network
The purpose of the center is to provide the skills and knowledge that
will enable families of children and youth with disabilities, and
professionals to function as equal partners in the educational decision
making process and to assist families in accessing services for their
children. The Partners for Success Center helps families and educators
by assisting families to resolve concerns and make informed decisions
regarding their child's education. The Center strives to foster
understanding and communication between parents, educators, and the
community on disability issues and issues related to special education.
Preschool Partners focuses on children 3-5 years of age, and Family
Support Network serves children and families birth to three.
Services may include:
Special education information and resources
Lending library of parenting resources, videos, and educational games
Books and brochures on parenting children and young adults with special needs
Referral to appropriate school, community, or government agencies
Discussion groups providing support and linking
Newsletter
Training includes:
Workshops to understand children and young adults with special needs
Seminars on the Special Education Process
Next Steps: The Transition Series-a workshop about the process of transitioning from school to adult life.
The Center is located at the Board of Education Complex in Newark,
MD. For more information or a brochure about the center, call the Parent
Coordinator at 410-632-5234.
For more information
WCPS contact:
Jessica Tawes, Family Support Services:
Resource Center for Families and Schools in Worcester County
6270 Worcester Highway
Newark, MD 21841
Phone:410-632-5234
Email: [email protected]
Click here for our WCPS Family Support Facebook page
For more information about the Family Support Services:
Resource Center for Families and Schools in MARYLAND
MSDE contact:
Ken Hudock
Section Chief, Family Support Services
Maryland State Department of Education
Division of Early Intervention and Special Education Services
Phone: 410-767-0255
Email: [email protected]