Could an IEP be What Your Child Needs?
Posted By: Heather E. Sedlock
Category: Education Programs, School, Special Needs
Comments: 5
As a parent of a special needs child, one often does not know where to begin. It all can depend on how old the child is when he or she is diagnosed. If a child is age 3 or older, one of the first things a parent should do is to request his or her child to have an individualized education plan (IEP).
Even if a child does not have a specific diagnosis, an IEP may be given based on general categories, such as a “communication” based disorder. How does a parent obtain an IEP?
Each state, different school districts, or even different schools in the same district, have different guidelines when it comes to the specifics, but all must follow the rules set forth in the Individuals with Disabilities Education Act (IDEA) which entitles every child to a free, appropriate public education (known as FAPE). It is the definition of what constitutes a FAPE where each school district and state differs.
The first step in the process, no matter the locale, is to request that the school evaluate the child to see if he or she should have special services. Teachers, administrators, paraprofessionals and professionals such as psychologists will gather information (from the child’s parents, doctors, etc.), perform tests and observe the child over a specified amount of time. It is at this point that a parent should receive a copy of “Parents Rights in Special Education: Notice of Procedural Safeguards.” This booklet will outline the rights of parents and children as specified by that state. It also contains local resources for parents.
After the initial evaluation, the parent will review the recommendations. The parent can agree in part or in whole. The parts that the parent agrees with will be implemented and a compromise on the others will be made at some future time or will not be implemented at all, depending on the consent of the parent. A parent does not have to agree to any or all of the recommendations. If he or she does not agree, there is a due process that is outlined in the Notice of Procedural Safeguards for the parents to follow.
If a FAPE cannot be made with the IEP, a parent has the right for the child to attend another school at the cost of the school district, but certain guidelines must be followed first. Those guidelines vary by state and can be found in the Notice of Procedural Safeguards.
If a child has behavioral problems, the IEP process can be utilized to work as a behavioral contract between the school personnel, the student and the parent(s). The goals contained in the IEP will be specific to that child’s actions that were a struggle in the past and contain strategies for how to help the child overcome the struggles. This is where the parent can best influence how the school will handle the child’s misbehavior and make it streamlined with how things are handled at home.
Empowering Parents welcomes Heather Sedlock to the EP Parent Blogger team. To read more about Heather and all our contributing bloggers, please click here.
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November 24th, 2009 at 10:08 am
My son has been on Meds for ADHD since he was 5 years old. His behavior was so unruly it scared the teacher. He got to the point he would just run out of the class room and it was close to a busy street. We have follow ups with a pediatric neurologist and our family doctor who writes us the Rx locally. On medication he is well-behaved well mannered, a bit outspoken still but not in trouble as much as before. He is now in the 8th grade he is a B-C student who excels in sports. I have requested an IEP 5 times and each time have been told he does not need it. They do not recognize his ADHD as a medical condition and because they never deal with him when he is off his meds they do not think it is an issue. I am really worried about when his hormones kick in and he transitions to high school. Should I continue to request an IEP or is there another route that would be better for me?
November 24th, 2009 at 12:01 pm
You can demand a Child Study be done the they can do
an IEP.
November 26th, 2009 at 10:20 am
You need to put it in writing and then they HAVE to evaluate him. Depending on your state laws, there are time frames and guidelines that they have to follow. Research your laws and let them know that YOU know the law and I bet he is evaluated immediately!
November 27th, 2009 at 6:06 pm
As the other Heather said, put your request in writing. Demand a copy of the Parents Rights/Notice of Procedural Safeguards. In that brochure, it outlines the steps of appealing their decision not to go forward with an IEP. Secondly, you can have him evaluated by an outside source. The brouchure will outline the steps you need to take to get the school to pay for that evaluation.
Yes, his behavior has improved with medicine but I’m sure there are still issues. They need to realize that he will continue to have those issues for the rest of his life. An IEP will help give him support services, even if it is just the right to go to a guidance counselor (instead of leaving the school) to vent his frustration.
The problem is proving that his issues effect him academically not just emotionally or socially. Once you put your request in writing, they have to evaluate him. If they evaluate him and deem an IEP is uneccesary, you have the right to appeal, all the way past the school board and to the court systems, if need be. Don’t be scared to fight. Your child has rights. If he needs the extra support, he should get it.
January 26th, 2010 at 8:36 am
You said that if a FAPE cannot be made with the IEP, a parent has the right for the child to attend another school at the cost of the school district. Would that include sending the child out of state to an appropriate school such as a military boarding school?