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If you think your child might have a disability you may request what is called an IEP or Individualized Educational Program. An IEP identifies support services a child needs to receive in order to be educated in public school in the least restrictive environment alongside their non-disabled peers.
IEPs are federally mandated and address all areas of deficit, and that includes related services such as occupational therapy, physical therapy or counseling as long as they are determined to be educationally relevant. Services are offered free of charge.
“Ever y child with a disability in this country is entitled to a free and appropriate public education,” says Bev McCarty, executive director for the Family Resource Center for Disabilities and Special Needs, a nonprofit organization that provides resources for individuals with disabilities and special needs and their families.
IEPs can be confusing to navigate, but McCarty says there are key things parents should know to ease the process.
Call 266-1318 or visit www.frcdsn.org for more information.
What to Do First
A child must be evaluated and determined eligible for special education services.
There are 13 specifically named disabling conditions within the law that qualify students to receive special services.
If the child received a diagnosis from an outside provider, the parent may take that evaluation to the support team or to the child’s teacher and call a meeting to discuss the diagnosis. The district can choose to either use that diagnostic information or conduct its own evaluation.
Once the student qualifies, the IEP team meets to discuss the educational options available to the child with the disability.
The IEP Team
The law mandates that certain individuals be a part of the IEP team. This includes the parent.
“If an IEP meeting is held without a parent present, there should be an extremely good reason why that parent isn’t there, either the parent giving them permission to hold that IEP meeting without them or the school has made repeated attempts to try to get the parent there but with no success,” McCarty says.
Also required to attend are at least one special education teacher, one regular education teacher, a school psychologist (or a person who can interpret the evaluation results, when appropriate), and a representative of the Local Education Agency. This can be the school principal.
“That person’s responsibility is to make sure that district resources can be allocated and ultimately see that the IEP is implemented.
So if a parent has an IEP for their child and they don’t feel it’s being implemented the buck stops with the LEA.”
And, when appropriate, the student should attend IEP meetings.
Also, parents can invite anyone they think might bring important information to the process. Districts can invite people, too, but the parent must give permission for them to attend before the meeting begins.
What Should Parents Do to Prepare
If your child already has an IEP, be familiar with what it says. Be familiar with the child’s progress regarding goals and objectives stated on the IEP. Review any other appropriate school records, such as discipline reports, prior to the meeting.
Remember that the IEP should address all areas of deficit.
Also review any evaluation results and, if possible, a draft copy of the IEP before the meeting as well. Write down any questions you have. Think about what you want for your child and write your priorities down as well.
Know what ser vices your child currently receives and how often your child receives them. Are the current objectives being met? Are the goals and objectives still relevant? Be prepared and willing to negotiate.
Keep in mind that depending on your child’s age, IEPs might also contain transition services (for example, when a child turns 13 and transitions into postsecondary life).
“I can’t emphasize enough the importance of the parent’s role in the process,” McCarty says. “Go to ever y meeting. Be aware of your child’s progress. Look at the notes. Look at the curriculum-based measures and scores – those MAP scores, those PASS scores. Look at what they mean. If you have any concerns, including behavioral, that you see happening that the school doesn’t seem to be addressing go to the school, go to your child’s IEP team and call a meeting.”
If There is a Disagreement
Procedural safeguards are built into the law in case there are differences in opinions.
Know that no single individual has ultimate authority in a team meeting. However, there is recourse for the parent if he or she disagrees with a final recommendation made by some members of the IEP team. For example, a parent might seek mediation, file a complaint to the state Department of Education or file a due process complaint to get it brought to a higher level.
“It’s very much a team decision, or at least it should be, with the parent being a very important part of that team,” McCarty says.
Parents also may invite others with special knowledge of the process to the meetings if they choose.
“If you need support, look for it – whether it’s us or anyone that can help you navigate what is obviously a very complex system and help you gain understanding about your child’s disability.”
McCarty says assistance is available to help parents understand the process. People can accompany parents to meetings, but those people aren’t in a position of authority.
“When we’re invited to a meeting or to help a parent understand the process, we’re just another member of the team.”
What Parents Need to Know
Parents should know their rights and responsibilities. McCarty says they should access the various resources available in the community and make sure they understand the process – and ask questions if they don’t.
“Parents are an important member of their child’s education planning team and have rights that come along with that responsibility.
Important educational decisions – including evaluations for a disability – can’t be made without their permission.”
IEPs include goals and time limits to meet those goals. Keep a close eye on your child’s progress. Look closely at progress reports and
compare them to what the expected progress should be. That can help you determine if the services are sufficient.
The team must meet at least once a year to discuss the IEP and the child’s progress, but parents can also call a meeting at any time they have questions or concerns. Parents have the right to expect services to be delivered as they are written, including accommodations.
ADDITIONAL RESOURCES
S.C. Department of Education, Office of Exceptional Children
803-734-8224
Pro Parents of South Carolina
(state-sponsored parent training and resource center)
800-759-4776
BabyNet
800-868-0404
Child Find
866-SC-FIND-1
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