Developing an Individual
Education Plan
The cornerstone of special
education law and procedures is the provision for a written individual
education plan (IEP) for each child. This plan is to be developed
in an IEP meeting with a special educator or school psychologist, the
child's current public school teacher, and the parent or guardian. Other
professionals may attend if needed. The IEP must include (1) a determination
of the child's eligibility for a particular special education category,
(2) special education programs to be provided such as special classes,
pull-out programs such as resource classrooms or speech therapy, special
assistance to the general education teacher, or other special services,
and (3) evaluation criteria to be used each year to determine whether
progress is being achieved. The child's IEP will then usually be reviewed
in each subsequent year.
There are various timelines
public schools must meet in the IEP process. In California, for example,
the parents must initiate the IEP process with a written request at
their local school or school district office. The school team has 15
days to provide parents with written information detailing how they
plan to conduct whatever assessments are needed. The parents may then
take up to 15 more days to examine and approve the assessment process.
The schools then have up to 50 more days to complete the assessment
and hold the IEP meeting. If for some reason parents and school officials
cannot reach an agreement on the IEP that is proposed, there are two
options. Parents may request that a mediation conference be held within
15 days to attempt to resolve any conflicts or they may request that
a fair hearing be held within 45 days. In the latter instance, an impartial
hearing officer will hear both sides of the case and render a verdict.
Parents may request a mediation conference and still go to fair hearing,
within 45 days, if mediation fails.
