Creating an IEP: The Components and Process

We have spent a significant amount of time discussing the IEP process. In this section, we discuss the IEP as a document.

Please be advised that while the term ‘Parent/Guardian’ continues to be prevalent in the context of special education law, the authors of this text have opted for the more inclusive terminology of ‘Caregiver’ to encompass a broader range of individuals responsible for the care and support of students.

The Child Has Been Found Eligible for Special Education, and the Caregiver Agrees. What Is Next?

The next step is to write and implement what is known as an Individualized Education Program—usually called an IEP. After a child is found eligible, a meeting must be held within 30 days to develop the IEP.

The acronym IEP stands for an Individualized Education Program. This is a written document that describes the educational program designed to meet a child’s individual needs. Every child who receives special education must have an IEP.

The IEP serves two general purposes: (1) to set learning goals for the child and (2) to state the supports and services that the school district will provide for the child.

What Type of Information Is Included in an IEP?

According to IDEA, 34 C.F.R. § 300.324(a)(1) and Minnesota rule, Minn. R. 3525.2810, subp. 2(A), the child’s IEP must include specific statements. These are listed in the section below. This is a brief introduction to IEPs. Language from the IDEA regulations and Minnesota statutes and rules can be found in this table created by the Minnesota Department of Education. As noted earlier, you will spend an entire semester learning more about writing IEPS as well as the history surrounding the different IEP provisions.

• Present levels of academic achievement and functional performance. This statement describes how the child is currently achieving in school. This includes how the child’s disability affects their participation and progress in the general education curriculum.
• Annual goals. The IEP must state the annual goals for the child, and what the parent/guardian and the school team believe the child can reasonably accomplish in a year. The goals must relate to meeting the needs resulting from the child’s disability. They must also help the child participate in and progress in the general education curriculum.
• Special education and related services to be provided. The IEP must list the special education and related services to be provided to the child. This includes supplementary aids and services (e.g., preferential seating, a communication device, a one-on-one tutor) that can increase the child’s access to learning and their participation in school activities. It also includes changes to the program or supports for school personnel that will be provided to the child.
• Participation with children without disabilities. The IEP must include an explanation that answers this question: How much of the school day will the child be educated separately from children without disabilities or not participate in extracurricular or other nonacademic activities, such as lunch or clubs?
• Dates and location. The IEP must state (a) when special education and related/supplementary aids and services will begin; (b) how often they will be provided; (c) where they will be provided; and (d) how long they will last.
• Participation in state and district-wide assessments. Your state and district probably give tests of student achievement to children in certain grades or age groups. To participate in these tests, the child may need individual accommodations or changes in how the tests are administered. The IEP team must decide what accommodations the child needs and list them in the IEP. If the child will not be taking these tests, the IEP must include a statement as to why the tests are not appropriate for the child, how the child will be tested instead, and why the alternate assessment selected is appropriate for the child.
• Transition services. By the time the child is 14/in ninth grade (in Minnesota), or if the IEP team finds it appropriate for the child, the IEP must include measurable postsecondary goals related to the child’s training, education, employment, and (when appropriate) independent living skills. The IEP must also include the transition services needed to help the child reach those goals, including what the child should study.
• Measuring progress. The IEP must state how school personnel will measure the child’s progress toward the annual goals. It must also state when it will give the caregiver periodic reports on the child’s progress.

It is very important that children who receive special education participate in the general education curriculum as much as possible. That is, they should learn the same curriculum as children without disabilities—for example, reading, math, science, social studies, and physical education. In some cases, this curriculum may need to be adapted for the child to learn, but it should not be omitted. Participation in extracurricular activities and other nonacademic activities is also important. The child’s IEP needs to be written with this in mind.

Who Develops the Child’s IEP?

Many people come together to develop the child’s IEP. This group is called the IEP team and includes most of the same types of individuals who were involved in the child’s evaluation. Team members will include:

• the caregiver(s);
• at least one general education teacher if the child is (or may be) participating in the general education environment;
• at least one of the child’s special education teachers or special education providers;
• a representative of the school system who (a) is qualified to provide or supervise the provision of special education; (b) knows about the general education curriculum; and (c) knows about the resources the school system has available;
• an individual who can interpret the evaluation results and determine what instruction may be necessary for the child; and/or
• the child, when appropriate.

Other individuals who have knowledge or special expertise about the child may be invited by the parent/guardian or the school. For example, the parent/guardian may wish to invite a relative who is close to the child or a childcare provider. The school may wish to invite a related service provider, such as a speech therapist or a physical therapist.

With parent/guardian consent, the school must also invite representatives from any other agencies that are likely to be responsible for paying for or providing transition services (by the time the child is 14 years old/in ninth grade or, if appropriate, younger).

How Can the Caregiver Help develop the Child’s IEP?

The law is very clear that caregivers have the right to participate in developing the IEP. Caregiver input is invaluable. They know their child very well; thus, the school needs to know their insights and concerns. That is why IDEA makes caregivers equal members of the IEP team.

The school staff will endeavor to arrange the Individualized Education Program (IEP) meeting at a time that accommodates the availability of all team members. Should the proposed timing prove challenging for the caregiver, the school will provide a rationale for its scheduling constraints and make every effort to identify a mutually suitable time for both caregivers and school personnel. It is crucial for caregivers to participate in this meeting, as their insights into the child’s needs and strengths are invaluable to developing a comprehensive and effective IEP.

Can the Meeting be Held without the Caregivers Participating?

Yes. IDEA’s regulations state that the school may hold the IEP meeting without the caregivers if it is not possible for them to attend. If no caregiver can attend the IEP meeting, the school must use other methods to ensure their participation, including video conferences and individual or conference telephone calls.

If, however, the caregiver(s) still cannot attend or participate in the IEP meeting, the school may hold the IEP meeting without them—as long as it keeps a record of its efforts to arrange a mutually agreed-on time and place and the results of those efforts. This can be accomplished by keeping detailed records, including:

• telephone calls made or attempted, and the results of those calls;
• copies of correspondence sent to you and any responses received; and
• detailed records of visits made to your home or work, and the results of those visits.

If the school does hold the meeting without the caregivers, it must keep them informed about the meeting and any decisions made there. The school must also ask for (and receive) caregiver written permission before special education and related services may be provided to the child for the first time.

What Can the Caregivers Do before the IEP Meeting?

The purpose of the IEP meeting is to develop the child’s Individualized Education Program. Encourage the parent to prepare for this meeting by:

• making a list of the child’s strengths and needs;
• talking to teachers and/or therapists and getting their thoughts about the child;
• visiting the child’s class and perhaps other classes that may be helpful to the child; and
• talk to the child about their feelings toward school.

What Happens during an IEP Meeting?

During the IEP meeting, the different members of the IEP team share their thoughts and suggestions. If this is the first IEP meeting after the child’s evaluation, the team may go over the evaluation results so that the child’s strengths and needs will be clear. These results will help the team decide what special help the child needs in school.

After the various team members (including the parent/guardian) have shared their thoughts and concerns, the group will have a better idea of the child’s strengths and needs. This will allow the team to discuss and decide:

Goals. The educational and other goals that are appropriate for the child; and

Services. The type of special education services the child needs.

Related services. The IEP team will also discuss the related services the child may need to benefit from their special education. The IDEA lists many related services that schools must provide if eligible children need them. Examples of related services include:

• occupational therapy, which can help a child develop or regain movement that they may have lost due to injury or illness; and
• speech and language services, which can help children who have trouble speaking.
• Refer to IDEA’s List of Related Services.

Supplementary aids and services. These can also play a pivotal role in supporting the education of children with disabilities in the general education classroom and their participation in a range of other school activities. That is also the intent of supplementary aids and services. Not surprisingly, these supports may be an important topic to discuss in the IEP meeting.

Deciding which supplementary aids and services (if any) will support the child’s access to the general education curriculum and participation in school activities will very much depend on the child’s disability and their needs. None or many may be needed. All are intended to enable the child to be educated with children without disabilities to the maximum extent appropriate. Examples include, but are not limited to:

• supports to address the child’s environmental needs (e.g., preferential seating, altered physical room arrangement);
• levels of staff support needed (e.g., type of personnel support needed, such as a behavior specialist, health care assistant, or instructional support assistant);
• specialized equipment needs that the child may have (e.g., wheelchair, computer, augmentative communication device);
• pacing of instruction needed (e.g., breaks, more time, home set of materials);
• presentation of subject matter needed (e.g., taped lectures, sign language, primary language); and
• assignment modification needed (e.g., shorter assignments, taped lessons, instructions broken down into steps).

Special factors. Depending on the child’s needs, the IEP team must also discuss special factors such as:

• whether the child’s behavior interferes with their learning or the learning of others; if so, then the IEP team will discuss strategies and supports to address the child’s behavior;
• whether the child has limited proficiency in English; if so, then the IEP team will discuss the child’s language needs as they relate to the child’s IEP;
• whether the child is blind or visually impaired; if so, then the IEP team must provide instruction in Braille or the use of Braille, unless it determines (after an appropriate evaluation) that the child does not need this instruction;
• whether the child has communication needs; if so, then the IEP team must consider these needs; and
• whether the child is deaf or hard of hearing; if so, then the IEP team will consider the child’s language and communication needs. This includes the child’s opportunities to communicate directly with classmates and school staff in their usual method of communication (for example, sign language).

Assistive technology. The IEP team will also discuss whether the child needs any assistive technology devices or services. Assistive technology devices can help many children perform certain activities. Assistive technology services include evaluating the child to see whether they could benefit from using an assistive device. These services also include providing the device and training the child to use it. If appropriate, the family and/or the professionals who work with the child may also receive training in using the device. Examples include:

• adapted furniture, tools, utensils, and other typically nonelectronic devices, which can help children with physical challenges; and
• digital books or devices that enlarge words on a computer screen or read them aloud, which can help children who experience visual or reading difficulties.

Transition services. Transition services can be provided as special education if they are specially designed instruction or a related service, and if they are required for the child to benefit from special education. IDEA defines transition services as a coordinated set of activities for a student with a disability that is designed within a results-oriented process. These transition services are focused on improving the student’s academic and functional achievement, and promoting the student’s movement from school to post-school activities. These activities can include postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

With respect to the child, this coordinated set of activities:

• is based on the child’s individual needs, taking into account their strengths, preferences, and interests; and
• includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, the acquisition of daily living skills and functional vocational evaluation.

In Minnesota, beginning when the child is age 14/in ninth grade (or younger, if appropriate), the IEP team will help the child plan ahead for life after high school and include statements in the IEP with respect to:

• postsecondary annual goals for the child;
• transition services (including courses of study) needed to help the child reach those goals; and
• rights (if any) that will transfer from the parent to the child when they reach the age of majority, and notification of these to the child and parent.

Writing the IEP

Based on the above discussions, the IEP team will then write the child’s IEP. This includes the services and supports the school will provide for the child. It will also include the particular location where services will be provided. The child’s placement (where the IEP will be carried out) will be determined every year; it must be based on the child’s IEP and must be as close as possible to the child’s home. The placement decision is made by a group of persons, including the caregivers and others knowledgeable about the child. It also explains the meaning of the evaluation data and provides placement options. In some states, the IEP team makes the placement decision. In other states, this decision is made by another group of people. In all cases, the caregivers have the right to be members of the group making decisions on their child’s educational placement.

Depending on the child’s needs and the services to be provided, the child’s IEP could be carried out:

• in general education classes;
• in special classes (where all students are receiving special education services);
• in special schools;
• at home;
• in hospitals and institutions; and
• in other settings.

IDEA strongly prefers that children with disabilities be educated in the general education classroom, working and learning alongside peers without disabilities. In fact, placement in the general education classroom is the first option that the IEP team should consider. With the support of supplementary aids and services, can the child be educated satisfactorily in that setting? If so, then the general education classroom is the child’s appropriate placement. If not, then the group deciding on placement will look at other placements for the child.

Does the School Need Caregiver Consent to Implement the IEP?

Yes, the school must obtain caregiver informed written consent before the initial provision of special education and related services to the child. The school must make reasonable efforts to obtain that consent.

If the caregiver does not respond to the request for consent for the initial provision of special education and related services or refuses to give consent, the school system may not override their lack of consent and may not implement the IEP. The school system is not considered in violation of its requirement to make a free appropriate public education available to the child. The caregiver’s lack of consent, however, means that the child will not receive special education and related services in school.

Can the Caregiver Revoke Consent for Special Education and Related Services after Initially Giving It?

Yes. At any time after providing initial consent, the caregiver may revoke consent, in writing, for the continued provision of special education and related services. Once the caregiver revokes consent, the school system may no longer provide special education and related services to the child; moreover, they may not use mediation or due process procedures to try to override the parent’s revocation of consent.

Once the caregiver revokes consent, the child will be no longer receive the services and supports that were included in their IEP. It is important for the parent to ask questions about how their child’s education will be affected before revoking consent.

Can the IEP Be Changed?

Yes. At least once a year, a meeting must be scheduled to review the child’s progress and develop their new annual IEP. The parent/guardian (or any other team member) may ask to have the child’s IEP reviewed or revised at any time if a need or concern arises.

The meeting to revise the IEP will be similar to the IEP meeting described above. The team will discuss:

• the child’s progress toward the goals in the current IEP;
• what new goals should be added; and
• whether any changes need to be made to the special education and related services the child receives.

Can the IEP be Changed without Holding an IEP Meeting?

Yes. If the caregiver and the school want to change the child’s IEP after the annual IEP meeting, the caregiver and the school may agree not to convene an IEP meeting. Instead, caregiver(s) and the school will develop a written document that will amend the child’s IEP. If the child’s IEP is changed, all IEP team members will be informed of the changes, and if the caregiver requests it, the school must provide them with a copy of the revised IEP.

Does the IEP Meeting Have to be in Person?

No. When holding an IEP meeting, caregivers and the school may agree to use other means of participation. For example, some members may participate by video conference or conference calls.

May a Team Member Be Excused from Attending an IEP Meeting?

Yes, under certain circumstances and only with the consent of both the school system and the caregiver. If the member’s area of the curriculum or related service will not be discussed or modified at the meeting, then they may be excused if the caregiver and the school system agree in writing. A member whose area of expertise will be discussed or changed at the meeting may be excused—under two conditions:

• The caregiver (in writing) and the school agree to excuse the member.
• The member gives written input about developing the IEP to the parent/guardian and the team before the meeting.