Special Education Newsletter

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PARENTS GUIDE TO IEP AND ASSESSMENTS

5 Steps for Getting an IEP

1. Referral for a Special Education Evaluation

A parent, teacher, or other school personnel must create this referral so that your child can be evaluated to determine whether he or she has a disability. The U.S. Department of Education notes that a request for special education and related services can be done verbally or in writing, but that the school district needs parental consent before evaluating a child. A written referral, once signed and dated, it is submitted directly to the principal, school psychologist, or your child’s teacher.

2. Evaluation

The evaluation determines if your child has an eligible disability listed under the Individuals with Disabilities Education Act (IDEA), which qualifies them to receive special education services. The assessment measures your child’s performance in areas such as academics, social skills, and emotional behavior, and records any medical diagnoses. If parents disagree with an evaluation, the U.S. Department of Education says that they have the right to take their child for an Independent Educational Evaluation (IEE) and ask that the school system pay for this.

Reviewing and Revising an IEP

Federal law requires that an IEP be reviewed and revised at least once a year. However, the school or parents can ask to revise the plan more often based on the child’s goals and progress.

Although each child’s IEP varies, every IEP includes certain information for parents and the rest of the team to review and revise as the child grows.

An IEP doesn’t just focus on your child’s disability and any challenges, however. An IEP team also discuss your child’s strengths, parents’ ideas for enhancing their child’s education, and ways for the child to participate with the general curriculum as well as non-academic and extracurricular activities.

An IEP will include information about:

Your child’s current performance – How is your child currently doing in school? This portion contains results from classroom assignments and tests, individual evaluations, and observations about your child’s progress. It also notes how your child’s disability affects how well he or she can participate in the curriculum, the U.S. Department of Education says.
Your child’s annual goals – These can be short-term academic objectives, as well as physical, social or behavioral benchmarks, or address other educational needs. These must be specific and measurable.
Special education and related services – This covers what the school will provide to the child or on the child’s behalf, including any supplementary aids and services, such as a classroom assistant, physical therapy, audiology services, occupational therapy, rehabilitation counseling services, school health and medical services, speech-language pathology, orientation and mobility services, counseling, psychological services, transportation, and assistive technology devices or services. This section also notes any modifications or support that school personnel might need to assist the child, such as training or professional development.
Participation with children who are not disabled – This explains the extent to which the child will not participate with children who are not disabled in a traditional classroom setting and other school activities. The IDEA requires schools to place children with disabilities in the least restrictive environment possible, meaning that children with disabilities must be educated alongside children who do not have disabilities. However, if the severity or nature of a child’s disability is such that satisfactory education cannot be achieved in regular classes with the use of supplementary services and aids, the IEP team will discuss placement in a special class where every student receives special education services, in a special school, at home, or in a hospital.
Participation in statewide and district-wide tests – This portion explains any modifications your child needs in the administration of any standardized tests. It also details why a particular test is not appropriate for the child and how the child will be tested.
Measures of progress – How will the child’s progress be measured, and how will parents be informed of the child’s progress? Will this be handled through report cards and any supplements, or is there need for additional communication?

IEP Checklist

COVID-19 and Your Child’s IEP

The COVID-19 pandemic has certainly made this an urgent matter. Developing a proper IEP, which will have a significant effect on your child’s life and future, requires much preparation on your part. If you are unable to do so, obtain the assistance of someone who fully understands the process – a friend, teacher, advocate or an attorney who specializes in the field of special needs children. Before you sit down with the CST, of which you are an important member (since you know your child better than anyone else), the school district should have provided you with a comprehensive report including:

A complete assessment of your child’s cognitive skills;
Your child’s achievement levels in all areas of his or her strengths and weaknesses;
Your child’s social, emotional, and behavioral issues.
It is important to note that if you do not agree with any the educational of the evaluations, you can request an Independent Evaluation.

READ MORE ABOUT IEP AND COVID

IEP Meeting Tips for Parents

As parents, we all want the best education possible for our children. But if you’re the parent of a child with special needs, you know that getting the right Individualized Education Program (IEP) in place is critical to maximize your child’s success at school.

Many New Jersey parents approach the IEP meeting with a sense of fear or resentment. Even with preparation, first-timers naturally feel some measure of anxiety. Parents who have already had negative experiences with the IEP process may feel defensive before the meeting even starts. Again, it’s understandable. After all, it’s your kid that you’re fighting for.

The good news is that you aren’t powerless. You are your child’s best advocate. The following tips can help you make the most out of your child’s IEP meeting.

How to Prepare for Your NJ IEP Meeting

Read through all of your child’s previous evaluations before the IEP meeting. This includes assessments from teachers, psychologists, psychiatrists, pediatricians, therapists, and any other providers that provide support services to your child. Make sure you understand what everything means. If you don’t, contact the provider and ask for an explanation.

Also review your child’s performance evaluations at school, such as tests and report cards. Keep any communications with the teacher regarding your child’s classroom behavior and social functioning. Bring these documents to the IEP meeting. Highlight parts that you think need particular attention.

Once you’ve reviewed the official documents, close your eyes and think about your child’s needs. Don’t focus only on the differences. Write down your child’s strengths and any developments that have come up if you’ve had a prior IEP meeting. Then identify the school supports that you think can help enhance his/her education.

Unsure of what school accommodations might be available? The school’s child study team will have suggestions. However, consider working with a NJ special education lawyer or advocate who can give you examples of what’s possible based on the unique needs of your child. You may be surprised.

Understand New Jersey Special Education Laws

The federal Individuals with Disabilities Education Act (IDEA) outlines the educational rights and protections for “a child with a disability.” In New Jersey, the definition of disability includes a variety of cognitive, communication, emotional, physical and other impairments. These disabilities must interfere with a child’s functioning in such a way that special education, instructional support, or other services are necessary in order to provide that child with a free and appropriate public education in the least restrictive environment.

New Jersey’s special education law also spells out the procedures and timeframes that school districts must follow in determining a child’s eligibility for an IEP, scheduling a meeting, and providing those services.

It’s important to understand your child’s legal rights, but it can be challenging to understand all of the terminology and verify that the school is actually following the law. If you’re unsure of your child’s rights going into an IEP meeting, it’s smart to seek the advice of an experienced IEP attorney for clarification.

Keep The IEP Meeting Focused On Your Child

An IEP meeting has many players. In addition to parents, the meeting will include teachers, administrators, counselors, school staff members, and any other people that you request to attend (e.g., psychologist, occupational therapist, lawyer, advocate, family friend, etc.).

With so many people at the table, the conversation may divert in ways that are unproductive and don’t focus on enhancing your child’s experience at school. Don’t be afraid to redirect the IEP meeting when you feel the focus drifting away.

One part of the IEP has a section entitled “Concerns of Parents.” Make certain that you go into the meeting with a written statement of your concerns. It could be short or long. However, it must be placed into the IEP.

Be Willing To Negotiate

A meaningful IEP meeting is a collaborative effort, not a battlefield. Once you’ve stated your child’s needs, listen to recommendations from the child study team and see if you can reach common ground. Try to keep your emotions in check so that the meeting is a rational discussion of what your child needs. You may not get everything you want, but you can ask for it.

During the negotiations, make certain you ask for a “prior written notice” for those items you were unable to get. This means that the district must give you the reasons for the denial(s), in writing. This becomes valuable to you if the case is pursued beyond the child study team meeting.

Don’t Sign Anything

You don’t have to sign off on an IEP right away. Tell the school you want to take it home and review it again before signing. This gives you time to go over what was discussed and make sure that you were happy with any compromises that you made. It also allows you time to consult with a special education lawyer if you have concerns.

If you’re struggling with the school’s assessment of your child’s needs or cannot come to an agreement on an IEP, you can file for due process until a resolution can be reached. A due process hearing is a formal proceeding before an administrative law judge, so it’s highly recommended that you talk to an attorney before moving forward.