Individualized Education Plans (IEPs) are critical tools in addressing the academic needs of students with disabilities. Navigating the IEP process can often be confusing, complex, and overwhelming for families trying to ensure their child receives the support and services they are entitled to under California law.
Whether you’re new to the IEP process or seeking to understand your child’s rights better, here are answers to some of the most common questions parents have about IEPs in California.
What is an IEP?
The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive a free and appropriate public education (FAPE). To uphold this law for students who qualify for special education services, schools and families develop a legal document called an IEP, or Individualized Education Plan, that details the special education and related services a child with special needs will receive.
The IEP outlines the student’s current educational performance, measurable annual goals, and describes the specific services and accommodations the school will provide to meet the child’s unique needs in relation to general education curriculum, extracurricular activities, and nonacademic activities.
Who is eligible for an IEP?
A student may be eligible for an IEP if they are evaluated and found to have a qualifying disability that affects their ability to access the curriculum in a traditional educational environment, as defined by the Individuals with Disabilities Education Act. Eligibility falls under one or more of 13 categories, including autism, speech or language impairment, emotional disturbance, or specific learning disability.
What is the process for determining eligibility?
Schools frequently monitor educational and behavioral progress for all students. If concerned about a student’s age-appropriate development, the school may contact parents to coordinate an assessment plan.
Parents who believe their child may be eligible for special education services can request an assessment by submitting a written letter to their school. California schools are required to respond within 15 days, providing either an assessment plan or a written explanation for declining the request.
Once parents sign the assessment plan, the district has 60 days to complete the student evaluation, which involves testing, interviews, and observations. Following this, an IEP meeting will take place with teachers, special education staff, and parents to determine the student’s eligibility, set goals, and discuss the necessary services.
If parents disagree with the district’s assessment, they may request an Independent Educational Evaluation (IEE).
Can I disagree with my child’s IEP?
Parents or guardians have the right to disagree with any aspect of their child’s IEP. If you believe that the proposed plan does not address your child’s needs, you can request modifications, call for another IEP meeting, or explore dispute resolution options, which include mediation as well as due process hearings.
It’s important to understand that you have a voice and legal rights at every stage of the process. If your child is eligible for special education services but has not been assessed appropriately, if assessment was delayed, or if IEP services are not being upheld, hiring an education rights attorney can ensure your child’s rights are protected and that their educational success remains the priority throughout the IEP process.
Who makes up my child’s IEP team?
The law requires key individuals to attend IEP meetings that determine eligibility and special education services. The IEP team collaborates to write the child’s IEP, developing tailored goals, services, and supports. Each team member adds valuable insight to the child’s unique needs and the school’s capacity for resources. Team members include:
- Parent/Guardian(s)
- At least one special education teacher
- At least one general education teacher
- An assessment expert, such as the school psychologist or assessment specialist
- A school administrator
- The student, when appropriate. It is more common for older students to attend meetings and contribute feedback.
In some instances, one team member may hold multiple roles. For example, the school administrator may also be the assessment specialist. Parents and guardians may also invite additional individuals with knowledge or expertise regarding their child, such as a lawyer, advocate, or private therapist.
How often is an IEP reviewed and updated?
While parents and guardians can request an IEP meeting at any time, IEPs must be reviewed at least once a year to assess progress and update goals and services as needed. A complete reevaluation must take place at least once every three years unless the IEP team agrees that it is unnecessary.
Need Help Navigating the IEP Process?
Navigating the world of special education can be overwhelming, especially when it involves understanding IEPs. As an education rights attorney, Jennifer Chang works closely with families to ensure their children receive the necessary services and supports to thrive in school.
If you have concerns about your child’s IEP or want guidance on how to advocate for their rights in an IEP meeting, contact the Law Offices of Jennifer Chang today to schedule a consultation.