Increasing the dialogue among stakeholders in New Jersey’s special education system

The Individualized Education Program (IEP)

Apr 20, 2023 | Parents, Professionals, Special Ed Basics, Teachers, Uncategorized

IEP Meeting with teachers, therapists, and parents in school conference room

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In this and upcoming editions we will share a series of basic and important special education topics on the rights, responsibilities, administrative processes, and legal remedies parents and students may encounter, and to which they are entitled.

IEP stands for “individualized education program.” The federal and state laws and regulations that guarantee students with disabilities a free and appropriate public education require that each student’s educational plan be individualized. An IEP is a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in keeping with laws and regulations.

The IEP has two general purposes:

  1. to establish measurable annual goals for the child; and
  2. to state the special education and related services and supplementary aids and services that the public agency will provide to, or on behalf of, the child.

When constructing an appropriate educational program for a child with a disability, the IEP team broadly considers the child’s involvement and participation in three main areas of school life:

  • the general education curriculum,
  • extracurricular activities, and
  • nonacademic activities.

The IEP is developed by the IEP team at an IEP conference. The IEP team must include the child’s parents, at least one general education teacher, at least one special education teacher, at least one child study team member, the case manager, a representative of the district board of education (child study team member, special education administrator, or principal) who is qualified to provide or supervise special education and knowledgeable about both the general education curriculum and the special education resources available, and any other person whom the parent or school would like to attend. When appropriate, the student should be invited to attend, and a representative from transition agencies likely to provide services when transition is discussed.

In addition to explaining all of the programs and services that will meet the needs of the student, the IEP must also include information about the child’s present levels of performance, goals, and objectives. The final discussion in the creation of the IEP is the discussion of placement. The question that should be asked is whether the IEP can be implemented in the general classroom. If the answer is no, then the placement discussion should continue down the continuum of options until as placement is found where the IEP can be implemented.

Once completed, the parent must be provided with a copy of the IEP, and a notice regarding parents’ procedural rights.

The school district cannot implement the initial IEP without the parent’s signature. After the first IEP, the school district may implement an IEP without the parent’s signature, unless the parent requests mediation or a due process hearing within 15 days of the school district’s written provision of the IEP document. If there is a disagreement about the IEP, existing placements and IEP provisions are subject to what’s called “stay put” provisions. If the parent files for mediation within the 15 day timeline, the stay put placement and services are those contained in the last agreed upon IEP. If the parent files outside the 15 day timeline, the school district’s proposed IEP is the stay put IEP.

IEP Conferences must be held at least one per year for all classified students with disabilities, and must be revised as needed to make sure the student’s goals and objectives can be amended as milestones are achieved. Parents can request an IEP conference at any time they wish to amend the IEP.

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