Make Very Sure Your IEP And ITP Are Secure and All-Encompassing

Parents and professionals are greatly concerned about the prevailing belief that the Federal Department of Education is no longer necessary. They worry that individuals who learn differently will not receive the required accommodations and support. Teachers are apprehensive that they will lack the resources to create an effective learning environment for all students.

An Individualized Education Program (IEP) is required by law for students who qualify for special education services. The written IEP is a legally binding document that is held to high standards through the Individuals with Disabilities Education Act (IDEA). Each IEP must conform to the standards set forth by IDEA and contain a specific set of parts to be legally compliant. Do not forget the ITP (1.71) What is an individual transition plan (ITP)? – SERR – Special Education Rights and Responsibilities 

The Individual Transition Plan (ITP) is a written plan designed to help prepare students for passage from school to post-school life. [20 U.S.C. Sec. 1401(34); Cal. Ed. Code Secs. 56462 & 56345.1.] The ITP must be based on the student’s needs, preferences, and interests and reflect the student’s own goals. Objectives, timeliness, and the people responsible for meeting the objectives should be written into the ITP (and made part of the IEP). It is important to understand that transition planning and development of the ITP are part of the IEP process.

Transition planning can occur at a combined Individualized Education Program (IEP) and Individualized Transition Plan (ITP) meeting or in a separate meeting. A separate transition planning meeting can be beneficial because it allows more time to focus on the student’s desires and preferences. Then, the ITP can be made part of the IEP.

The basis for most IEP law is found in three federal statutes: the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Family Educational and Privacy Rights Act.  IDEA is a federal law binding in all states. State law can mandate more protection than IDEA but not less. Each state uses different criteria to determine programs and guidelines for qualifying students for special education. IEP laws were developed first at the federal level and then at the state level. If there is a conflict between state and federal law, federal law must be followed.

IDEA guarantees four basic rights to children with disabilities: 

• Children with disabilities are entitled to a public education appropriate to their needs, at no cost to their families.
• Least Restrictive Environment (LRE) If possible, children with disabilities must be educated with students who do not have disabilities and should attend the school that is closest to home.
• Supplementary Aids and ServicesChildren with disabilities must be provided with support services that assist them in benefiting educationally from their instructional program.
• AssessmentAn assessment must be completed to determine the child’s needs. This may be done only with the parent’s informed written consent.

Parents have very specific rights;

• The right to refer their child for special education services.
• The right to participate in developing an IEP for their child.
• The right to share information and express their opinion at any team meeting.
• The right to be informed of all program options and alternatives, both public and nonpublic.
• The right to proceed if they disagree with any part of the evaluation report or the IEP.
• The right to mediation and hearings.
• The right to low-cost or free legal representation from the school district or through early intervention programs.
• The right to receive their procedural safeguards notice annually, and upon request.

I advise that parents review all their rights currently and gain all the knowledge possible to be effective advocates for their students.

Step I: Take out the most recent assessments and evaluations that your district or outside agency completed and that were accepted into the IEP or ITP. Review all documents. Make sure you understand your student's strengths and challenges and highlight every evaluator recommendation.

Step 2: Take out the most current IEP/ITP and review it.  Make sure you obtain all progress reports that should have been sent to you, identifying current progress towards all goals and supports listed on the IEP/ITP.  Ensure all current goals, modifications, and accommodations are truly meaningful and working.

Step 3: Schedule an observation of your student’s current program.  Make sure you see all the designated services, as well (speech therapy sessions, occupational therapy sessions)

Step 4: Make sure a current FBA (Functional Behavior Analysis) is with the IEP, if your student has had challenging behaviors that need reducing or elimination. Review it.  Is it working? If your student is supposed to have some paraprofessional support within the classroom, make sure this is occurring consistently.  I have been told that some districts do not have substitutes, so on some days, your student may not get this designated support.  This does not help to provide a program of benefit. This can be very challenging for the student and the teacher, who truly need these supports.

Step 5: Remember that every three years a re-evaluation is mandated.  Make sure you do not sign off this process.  Students change over time.  New goals and supports may be needed. Learning changes, skills development changes and most of all needs may need to be readdressed.

Step 6: If you feel things are changing without your knowledge, remember that you may request an IEP/ITP meeting at any time. If you feel progress is not being made, you may request an IEP/ITP meeting. Make sure you put the request in writing and send it certified. Be careful with emails. Make sure they have been received. Back up an email with a phone call. Document all attempts to connect with your teachers, therapists, and administrators.

Step 7: Teachers, please stay current on your rights and the rights of your students. Be a professional voice to ensure you and your students receive the support they need.

Step 8: Parents, connect with other parents who share the journey.  Parent Support for Children and Adults with Disabilities in San Jose,   ParentsCAN - Help for parents of children with disabilities in Napa County,  Welcome - Matrix Parents at Marin CIL (Marin Center for Independent Living) , Home - Dedication to Special Education, Autism Society Creating connections for the Autism community to live fully.  Home - United Cerebral Palsy, CHADD - Improving the lives of people affected by ADHD   The Arc | For People With Intellectual & Developmental Disabilities.