Terms & "Good to Knows"
What does IEP stand for?
Individualized Education Program
What if I don't sign the IEP?
In NH, your written parental consent for the IEP is required on every IEP. So if a new annual IEP is being written or the IEP is being revised (even if it is part-way through the year), parental consent is required. If you do not respond to a request for consent (remember, you can respond by giving consent, refusing consent, or giving partial consent) the school district can take steps that will result in the proposed IEP being implemented. This is sometimes called “implied consent”. Therefore, it is important that you respond in some way.
Does my IEP team have to give me a copy of the IEP before the annual IEP meeting?
No. While it is considered to be a best practice, and can help the process run more smoothly, there is no requirement that IEP drafts must be given to families in advance. If a parent would like a draft IEP ahead of time, it will be helpful to make the request well in advance. This will make it more likely that the school district will honor the parent’s request. BUT – The school district does have to send parents copies of all evaluations and assessment reports at least 5 days before the IEP Team meeting at which the results will be discussed. These must be sent by US mail unless the parent and school district agree on another option (for example, a parent might prefer to pick up these documents from the school). A parent has the right to waive having these results sent ahead of the meeting.
How often does an IEP team have to meet?
Annually, at minimum. Any IEP team member is able to request for a meeting. If a parent makes a written request for an IEP Team meeting, the meeting must be held within 21 calendar days, or within that time frame the school district must provide the parent with a written prior notice explaining why they are refusing to meet.
If I have a question about my child's IEP, who can I ask?
The School
PIC (Parent Information Center)
Community Bridges Case Manager
....any other thoughts? :)
What is the difference between an IEP & a 504 Plan?
An IEP provides Individualized Special Education and related services to meet the unique needs of the child. A 504 plan identifies the child’s disability-related needs and documents the services, accommodations for the child, and/or modifications/changes to the learning environment to that will be provided to meet the identified needs of the child. A 504 is a plan for how a child will have an equal opportunity to participate in and benefit from all of the programs that are part of school – not limited to the educational components (ex: may include a modified hot lunch for a child who has diabetes). An IEP documents the special education and related services that will be provided to the child so that the child can receive a free appropriate public education.
Can I audio record an IEP meeting?
PROBABLY. You need to inform your district prior to the IEP Team meeting that you will be audio recording. You school district also has a right to record the meeting as well. A formal written statement to the district that audio recording will be occurring is best. BUT, Federal law is silent on this; it neither allows nor prohibits recording of IEP Team meetings. That means that a school district can establish a written policy that prohibits or limits recording of IEP Team meetings. Such a policy would have to be in writing, and allow for exceptions if a parent has a disability that makes recording necessary (for example if the parent cannot take notes), or if a parent requires the meeting to be recorded in order to participate (for example if one parent cannot attend the meeting in person).
Can an IEP Team member be excused from all or part of an IEP Team meeting?
Yes, if the parent and school district representative mutually consent (in writing). At a minimum, an IEP Team includes at least one of the child’s regular education teachers and at least one of the child’s special education teachers, an individual who can interpret the implications of evaluation results, and a representative of the school district (often called the LEA – or local education agency – representative). Some of these individuals may have dual roles
When your child is identified as being eligible for an IEP, how quickly do things start?
Within 30 days of determining that your child is eligible the IEP team must meet to begin to draft an IEP.
How many response options are there when signing an IEP?
The NH Standards for the Education of Children with Disabilities made some changes to this, but not all of the school district forms have been revised yet to reflect the changes.
A parent has 14 calendar days to respond to any proposal, including a proposed IEP, for which their consent is required. The parent may indicate that he/she:
If a parent gives partial consent, the parent must specify which services on the proposed IEP they are refusing or want to have changed or added. The parent then can decide to let the proposed IEP go into effect with their concerns noted, or can request an IEP Team meeting to discuss the areas that remain in dispute. Any services for which the parent indicates they are refusing consent (they do not want those services) will not be provided. All of the services to which the parent consented would be provided in the meantime; the meeting would focus only on the areas specified by the parent when they indicated that they were giving partial consent. It is very important to note that if the parent wants a meeting, unless a follow-up meeting is scheduled right at the IEP Team meeting, the parent should make a written request for an IEP Team meeting (PIC has a sample letter for this purpose). A meeting will NOT automatically be held.
My child has behavioral issues that affect him/her in school, what do I do?
It is best to be proactive when your child begins to show challenging behaviors in school. You may request an IEP Team meeting and ask that a Functional Behavioral Assessment (FBA) be done the first time your child is suspended or has behaviors in school that lead to his/her being excluded from class or a learning activity. An FBA will give the IEP Team information so that they can create a behavior intervention plan (BIP), based on positive behavioral interventions and supports. When a child has behaviors that impede his/her learning or the learning of others, the IEP Team must consider the child’s behavior when developing the IEP for the child.
Does by child have to go to ESY (Extended School Year) in their school?
First, extended school year services are not provided to all children with disabilities. ESY services are only required if the IEP Team agrees they are necessary in order for the child to receive a FAPE. If the IEP Team agrees to include ESY services in a child’s IEP, the IEP Team also decides the type, frequency, duration, and location of the child’s ESY services. Parents are part of the IEP team that makes these decisions. Parents can propose that the child’s ESY services be provided in a different environment than their school. While some school districts have established programs in the summer to meet the needs of most of the children in the district who need ESY services, in order to meet a child’s needs, ESY services may need to be very customized (individualized). Parents can propose ideas to the IEP Team when ESY is discussed.
How many days do you have to sign the IEP after your meeting?
Parents have 14 calendar days to decide how to respond to any proposal for which parental consent is required. This includes the IEP; parents can take the IEP home, review it, talk about it and then decide whether to give consent, refuse consent, or give partial consent. Just be sure to respond within 14 calendar days.
What is the difference between an Accommodation & a Modification?
An accommodation provides supports to enable the child to access the general curriculum or other part of the school environment. Accommodations DO NOT change the content of what is being taught. An example is if a class was working on addition and subtraction in math, and given an assignment that includes 10 addition and 10 subtraction problems. If a child had a disability that made it difficult to write out that many problems or whose attention or stamina was reduced, an accommodation would be to assign the child 5 addition and 5 subtraction problems. Another example is giving a child extra time to take a test.
Modifications DO change what a student is expected to learn and demonstrate. An example is if a class was working on addition and subtraction in math, and given an assignment that includes 10 addition and 10 subtraction problems. A modification would be if a child who was only mastering addition at this time was only assigned the 10 addition problems.
Every IEP student has triennial evaluations (3 Year Evaluation Meetings), what if the parents feel it is appropriate to have more evaluations in between?
A parent or other IEP Team member can request a reevaluation sooner than 3 years (but not more often than once a year, unless there are exceptional circumstances). A written request to the school district for a reevaluation will get that process started. It is helpful to write in your letter specifically why you’re requesting the evaluation and what types of evaluations you are asking for. Parental consent is required for your child to be evaluated, even if you are the one who requested the reevaluation (the school district will provide the consent form). The reevaluation is to be completed within 60 days from the date the school district received your consent, but a parent and school district can agree in writing to an extension of a specific number of days, not to exceed 30 days. This extension only applies to reevaluations. There are no extensions to the 60-day evaluation timeline for the initial evaluation.
When the district approves, they have 60 days from the date you signed the consent to finalize the testing. IDEA does not offer an option for school districts to refuse a reevaluation requests.
How do I make sure that my child’s IEP is appropriate or has the right supports and services?
Before looking at your child’s IEP, you should read the evaluations and evaluation reports because they form the foundation of the IEP. Parent Information Center has a template that parents can use to review and summarize evaluations. If the evaluations identify a need, or you as the child’s parent are aware of a needs, make sure that the IEP addresses that need. The amount of services is also dependent on what the evaluations say. Additionally, if a child has been receiving a certain amount of a specific service, and the child is making great progress or little progress, the IEP team will consider that when deciding whether those services need to be increased or if the child needs less of a certain service. Consider what has and what has not worked in the past, how your child learns best, and other things that you know about your child. It is always a good idea to write down your questions and ideas before going into an IEP Team meeting; it is very easy to forget things once you get into the meeting. Area Agency case managers and the Parent Information Center are 2 sources for you to seek assistance if you have questions.
Once I request for an IEP meeting, how many days does the school have to schedule a meeting?
The meeting needs to occur within 21 days of the requested meeting. The best way to request for a meeting is in writing.
What does FAPE mean?
FAPE stands for: Free Appropriate Public Education.
Free means that all eligible students with disabilities have the right to an education at public expense. There is no additional cost to the parent/family.
Appropriate means that your child with a disability is entitled to an education that is appropriate for her/him. It will be tailored and planned to meet her/his needs as stated in the IEP.
Public refers to the public school system. Children with disabilities have the right to be educated under public supervision (through the public school system, in selecting the least restrictive environment in which a child’s IEP can be implemented, the IEP Team may place a child in a public or private program) .
Education must be made available to every eligible school-age (3-21) student with a disability. The education should prepare your child for their future, meaning post-secondary education, employment and independent living.
I am not in agreement with my school district and it seems like there are no other options, what next steps can I take?
Parents and school districts can attempt to resolve disputes through informal or formal options. Informal options include sharing more information or having another meeting. If both the parent and school district agree to use these options, the NH Department of Education offers facilitated IEP Team meetings and 3rd party moderated discussions to support IEP teams to reach agreement.
Formal options include filing for a due process hearing, or using alternative dispute resolution. Alternative dispute resolution (ADR) options in NH are mediation and neutral conference. ADR options are offered as ways for parents and school districts to resolve disputes without the having to go to a due process hearing, so long as they both agree to participate. Any of these formal options can be used to resolve disputes on evaluation, eligibility, placement, IEPs, removals for disciplinary reasons, and more.
Due Process is a formal process for resolving disputes, in which both parties (and often their attorneys) present their case to a hearing officer who decides the outcome. It is important to note that there are many requirements and specific timelines associated with filing for a due process hearing. In a due process hearing, one party generally feels that they have “lost” while the other party has “won”. If the party that “lost” wishes to, they can appeal the hearing officer’s decision, by going to civil court.
Mediation is a private meeting where you and the school try to reach an agreement with the help of a trained professional who is not on either side. Mediation is offered for free to assist parents and school districts to resolve disputes. Parents and/or the school district can bring an attorney or other experts to mediation, but in mediation, the number of participants may be limited so that the process can be effective.
Neutral conference is an option where a neutral 3rd party listens to a brief summary of the parent’s case and a brief summary of the school district’s case and makes a decision on the case.
While it is not a dispute resolution option, a parent or anyone else who believes that a child’s or parent’s rights under Federal or State law have been violated, can file a State Administrative Complaint. This is a formal process with specific requirements and timelines. A complaint investigator will investigate the complaint and a finding will be given as to whether rights were violated. Actions can be required to try to “fix” the problem (for example, if a child did not receive the speech therapy required in his/her IEP, the outcome of the complaint may be an order that the school district make up those services).
What qualifies as a disability under IDEA (Individuals with Disabilities Education Act)?
To be eligible for special education, a child must:
A. be between the ages of 3 and 21, and not yet earned a regular high school diploma (an alternative diploma does not end the child’s eligibility for special education),
B. have been evaluated and found to have a disability (see list below), and
C. require special education as a result of his/her disability.
As part of the eligibility determination, the IEP Team decides which of the disability categories the child meets (each disability is defined in the NH Standards). The disability categories are:
Developmental Delay (for children ages 3 to 10) Intellectual Disability Hearing Impairment, Deafness Speech or Language Impairment Visual Impairment, including Blindness Emotional Disturbance Orthopedic Impairment | Autism Traumatic Brain Injury Acquired Brain Injury (in NH) Other Health Impairment (may include ADD/ADHD, Tourette’s syndrome, a heart condition, lead poisoning, etc.) Specific Learning Disability Deaf-blindness Multiple Disabilities |
How many days in advance does the school district need to notify a parent of an IEP meeting?
The school district is required to give parents 10 days’ written notice of a meeting. However, this notice can be waived if the parent agrees and would like to meet earlier. Parents can also ask for the meeting to be rescheduled (meetings are to be held at mutually agreeable times and places) so they can participate. Parents can also participate through alternative means, such as conference calls or video-conferencing if they are unable to attend a meeting in person.