Individualized Education Program (IEP) Facts

• The Individuals with Disabilities Education Improvement Act (IDEIA 2004) requires public school to provide special education services to all children with disabilities who are eligible to receive them in order to receive a free appropriate public education (FAPE).
• The IEP is a written document that annually specifies the services/accommodations that are calculated to allow your child to receive educational benefit. It must allow your child the opportunity to interact with like-age peers to the maximum extent appropriate.
• Local public school systems are responsible for providing special education to eligible children from ages 3 to 21 – even if it involves more than 12 years of instruction.
• In order for your child to have an IEP, he/she must be eligible. By federal law, a multidisciplinary team must determine that your child: (1) has a disability (2) requires special education and related services to benefit from the general education program. Thirteen disabilities qualify for services under the IDEA, including:
o Emotional Disability
o Intellectual Disability (formerly Mental Retardation)
o Specific Learning Disability
o Speech or Language Impairment
o Other Health Impairment (including AD/HD)
• If your child is struggling in school and you suspect a disability, request an evaluation from the school district’s special education coordinator or seek an independent evaluation. An IEP team that includes the parents must meet “in a timely manner” to review the referral and decide whether an evaluation should be conducted.
• The evaluation process includes the administration of assessments and testing, observations, and collection information from any available outside professionals as well as from parents.
• Timeline for school evaluations:
o 60 calendar days from date of written consent to complete all necessary evaluation.
o 30 calendar days from completion of evaluation for IEP team to meet
o Implement IEP as soon as possible after it is created
• Each IEP is created through a TEAM effort and reviewed at least once a year. A parent (or legal guardian) is included on the team and must sign a document permitting the IEP to be implemented.
• Reevaluations are required at least once every three years to determine continued eligibility and make appropriate adjustments. A reevaluation may also be requested if the IEP does not appear to be working (the request must be reviewed and approved by the team).
• IEP forms differ from state to state and sometimes from school to school. There are no federal regulations on how the IEP should look, though federal law requires that the IEP include present levels of educational performance, goals, and special education and related services.
• Additional information: “Special Education in Alabama: A Right Not a Favor” available at the Alabama Disabilities Advocacy Program’s website www.adap.net (under the publications tab).