Idea 2004
Idea 2004
Idea 2004
National Center for Learning Disabilities, Inc. 381 Park Avenue South, Suite 1401, NY, NY 10016
April 2006
Table of Contents
Introduction
Overview
Chapter 5: Evaluation
Chapter 8: Transition
Terms to Know
IDEA Toolkit
3
5
8
12
16
20
25
30
36
47
53
57
61
67
71
72
74
76
Introduction
NCLD has created this Parent Guide to the Individuals with Disabilities Education Act
(IDEA) so you can become an informed and effective partner with school personnel in
supporting your childs special learning and behavioral needs. We hope you will use
this IDEA Parent Guide to understand:
How the federal law generally works in most states
What the law requires to determine whether your child has a learning disability
What is new to IDEA since Congress last updated the law in 2004
What questions you should ask and what information you should prepare in order
to be a full and active advocate for your child
What resources are available to you.
In developing this IDEA Parent Guide, we have worked with parents of students with
learning disabilities from around the country. NCLD is thankful to these parents for
their invaluable input. Together, we have tried to address the questions, challenges and
barriers parents face as they navigate their way through the special education process.
Parents have also contributed their own personal stories so that you can hear firsthand
that you are not alone in this journey.
Additional Advocacy
Resources
Both IDEA and No Child
Left Behind (NCLB) include
provisions that can be used
to improve the academic
achievement of students with
learning disabilities. Be sure to
check out the Making the No
Child Left Behind Act Work
for Children Who Struggle to
Learn: A Parents Guide and
the NCLB Parent Advocacy
Briefs -- all available at www.
LD.org/NCLB.
NCLD also has a guide
explaining how you can
become an effective advocate
within your state, or at the
national level. To learn how to
lend your voice to advocacy
efforts, take a look at NCLDs
LD Advocates Guide.
Parent
Perspectives
Twenty Years Later
What have I learned after weaving my way through the special education maze?
Knowledge is power you must be as informed as possible about your childs disability AND your childs strengths. You
must know the law and how to use it. You must have good communication skills. You must believe in yourself. You must
believe in your child. You must be creative. You must be patient. You must be part of a team. You will play many roles, not
just mother or father but also Cheerleader, Advocate, Tutor, Lawyer, Researcher, Detective, Teacher, Mediator, Psychologist
and Student.
Yes, you are the Student and your child is the Teacher. Your child provides the opportunity for growth not just for you as a
parent but also for the teachers. Your child provides the opportunity for your school to grow and expand its vision.
Your child says: Look at me, I am different, I am truly an individual, you must change the way youve been doing things,
you must get creative, you must try something new. You will at first cry, you will be frustrated, you will feel overwhelmed,
you will feel alone, you will fight. There will be times you feel like giving up, but you wont because you love your child too
much. You will make a conscious decision to be part of the solution. You will make a plan.
-Gloria from New Jersey
Introduction
Parent
Perspectives
Success is Sweet: A Story of Parent Advocacy
Our district is in Southwest Colorado, and one of the early things I learned was to find as many parents of dyslexic children
as I could, and compare notes. Some of us had successful Individual Education Programs (IEPs) for our children, and we
would meet at my office on the weekend to read them, laugh, weep, and write down the aspects that were successful and
suitable for our own children.
For Goals and Objectives, we read Better IEPs by Barbara D. Bateman and soon realized that we were actually teaching
the school district. As we became more successful in writing IEPs, we realized the district would never be able to provide
a Free Appropriate Public Education to our dyslexic children under the current conditions. We had 12th grade students
with 4th or 5th grade reading abilities and in my opinion our Colorado Student Assessment Program (CSAP) results were
appalling.
One summer we raised over $23,000 to provide cash funds to dyslexic students who wished to attend a six-week academic
dyslexic summer camp. Some parents chose to provide their children with one-on-one tutoring by a private Certified
Academic Language Therapist. My son was able to go from a 4.6 grade reading level to an 11th grade reading level in 18
months! How? He received a scientifically proven method of teaching by a highly qualified therapist. Consequently, when
he reached 9th grade, he was able to access the district curriculum set before him. He also passed his Reading and Writing
CSAPs for the first time in 5 years.
We worked with our local newspaper, each of us writing letters to the editor on a continuing basis, never letting the subject
of dyslexia and our childrens needs drop out of the public eye. Now, the newspaper writes their own editorials in support of
our dyslexic childrens needs.
We attend school board meetings monthly, and pluck up the courage to tell our story. For some, it is an emotional three
minutes of talking; for others, they take it in stride and speak strongly and positively on behalf of all our children.
We learned from Peter and Pam Wright (www.wrightslaw.com) how to become better advocates for our children. We
received their monthly newsletters and purchased their books, From Emotions to Advocacy and Special Education
Law. We subscribe to every national web site with information that we can. We have an e-mail tree of parents who stick
together. We support each other emotionally.
We attend the International Dyslexia Association Conference and the Southwest IDA Conference too. We persuade our
Director of Special Education and our respective school principals to send their teachers. Knowledge is power.
We encouraged our local Representative in the House of Colorado to change state law, and he included the word
dyslexia as a specific learning disability. The Colorado State Senate Bill SB06-118 was signed off by the Senate President
and House Speaker and forwarded to Governor Bill Owens for his signature on March 31, 2006. As a result, the district will
soon have to provide a scientifically proven method of teaching to our dyslexic children.
All in all, despite the hardship, trauma and effort, we feel we are being successful. Our campaign wont help our children,
but we knew that in 4th grade when we began. The good news is that if we continue, we will eventually make a difference
in the lives of a future generation of children, and our activism will one day allow those children to check out of 12th grade
with 12th grade reading.
Success is sweet and we decided long ago that it didnt matter to whom the success came.
- Anne from Colorado
Introduction
Overview
In 1975, Congress first recognized the need to provide a federal law to help ensure that local schools would serve the
educational needs of students with disabilities. The law they originally passed was titled the Education for All Handicapped
Children Act. That first special education law has undergone several updates over the past 30 years. In 1990 the law got
a new name The Individuals with Disabilities Education Act, or IDEA. The most recent version of IDEA was passed by
Congress in 2004. It can be referred to as either IDEA 2004 or IDEA.
IDEA gives states federal funds to help make special education services available for students with disabilities. It also
provides very specific requirements to ensure a free appropriate public education (FAPE) for students with disabilities. FAPE
is the protected right of every eligible child, in all fifty states and U.S. Territories.
Today, more than 6 million school-age children in the United States receive special education services. Almost half some
2.8 million are students identified with a specific learning disability.
Federal Regulations
In addition to the federal law passed by Congress, the U.S. Department of Education is required to provide states with
federal regulations that further define the meaning of the law including many of the important changes. These regulations
also provide guidance to states as to how the law is to be interpreted and carried out in schools. Final federal regulations
were published in August 2006 and became effective on October 13, 2006.
Information in this guide is based on both the IDEA 2004 law and federal regulations.
State Resources
Parents are urged to keep in close contact with resources that can provide them with accurate and up-to-date information
about their states special education regulations and procedures. Recommended resources include:
Parent Training and Information Centers. Every state has at least one Parent Training and Information Center
(PTI). These centers are a required part of IDEA. Their primary purpose is to provide parents with timely information
about special education, including state specific information, so that they may participate effectively in meeting the
educational needs of their children. In addition to the PTI, many states also have Community Parent Resource Centers
Overview
(CPRC) that are designed to serve the needs of low-income parents, parents of children with limited English proficiency
and parents with disabilities. To locate the PTI and CPRC that serve your state or community, visit www.LD.org/PTIlocator.
State Education Departments. Every state has an agency responsible for the supervision of public education.
Many states offer handbooks or guides to help parents understand special education state policies and procedures.
Be sure to check with your states education department for helpful information and resources. Complete information
on contacting your states education department is available at http://wdcrobcolp01.ed.gov/Programs/EROD/org_list.
cfm?category_ID=SEA
Terms important words and terms that are listed at the beginning of each
chapter. A complete listing is available in the Terms to Know section.
ools
helpful information and practical materials for parents such as
T
Checklists, Sample Letters, Charts, and Questions to Ask.
Overview
Candace
Cortiella is Director of The Advocacy Institute (www.AdvocacyInstitute.org), a nonprofit focused on
improving the lives of people with disabilities through public policy and other initiatives. She serves on the
Professional Advisory Boards of the National Center for Learning Disabilities and Smart Kids with Learning
Disabilities. The mother of a young adult with learning disabilities, she lives in the Washington, D.C. area.
Overview
Pre-referral Services
Finding help for your struggling child
Traditionally, when students have not been able to keep up with the rest of the class academically, good teachers have
tried using alternative ways of teaching before referring them for special education. The same is true for students who
present challenging behaviors that interfere with learning. In an attempt to provide this type of early help, many schools,
school districts and even some states have established procedures for pre-referral interventions, which are designed to
provide additional support to struggling students.
Your childs teacher may have discussed this kind of support with you. But if not, and if you suspect your child is struggling,
you should ask to meet with the teacher to discuss your concerns. Frequently, in response to concerns expressed by either
a teacher or a parent, the school will likely offer pre-referral interventions as a first step toward improving your childs
performance. As a parent, it is important that you understand just how pre-referral interventions might work.
Pre-referral services go by many names. Your school district or school may offer support teams, such as teacher assistance
teams or child study teams, to help provide consultation to teachers. To help find the right approach to teaching your
child often called an instructional method or intervention the teacher may consult with other teachers, the reading
specialist/teacher, the special education teacher, counselors, psychologists, or other education professionals. They may
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Pre-referral Services
conduct informal educational and behavioral evaluations or screenings to make decisions about the services and supports
your child needs.
Feel free to ask questions about the types of teaching methods or interventions the teacher is recommending so you
understand how your child will be taught and what kind of progress is expected. You always have the right to request
a formal evaluation (see Chapter 3) if you dont believe your child is making adequate progress through pre-referral
approaches.
So, if your child is having trouble learning, it doesnt necessarily mean that he or she has a disability, such as a specific
learning disability. A learning disability may be one possible source of the problem, but there may be others:
The schools approach to teaching basic academic skills like reading may not be achieving adequate results for all
students.
Your childs previous learning may not have prepared him or her sufficiently for the lessons the teacher is presenting.
Cultural and/or language differences might present a barrier to communication with the teacher or prevent access to
the learning materials.
Another condition, such as attention difficulties, poor hearing, or vision, may be affecting learning.
Here are a few different ways that the school may provide assistance to your child before a formal evaluation for special
education programs is considered:
Early Intervening Services
Reading First
Response-to-Intervention (this third process, strongly encouraged by IDEA 2004, is discussed in detail in Chapter 2)
A new provision in IDEA 2004 called Early Intervening Services is designed to encourage school districts to
provide additional support for struggling students within the general education classroom.
IDEA 2004 allows school districts the option of using a portion (up to 15%) of their federal special education funds to
develop and implement coordinated Early Intervening Services for children in kindergarten through Grade 12 who are not
currently identified as needing special education or related services but who need additional academic and behavioral
support to succeed in general education. IDEA 2004 particularly encourages school districts to use this new option in
kindergarten through Grade 3.
This money can be used for professional development (teacher training) as well as for providing direct services for your
child. These services may include educational and behavioral evaluations, services and supports such as beginning and/
or remedial reading instruction, interventions to address behavior, small group instruction, and instruction in the use
of adaptive and instructional software (computer programs that improve the students access to information or target
specific academic skills). IDEA 2004 requires that the academic and instructional interventions used must be backed by
scientifically-based evidence of their effectiveness.
When these supports are successful, both the school and the student can benefit. The school can save money on costly
evaluations required to determine eligibility for special education as well as the additional costs associated with special
education services. Typically, pre-referral interventions are provided in the students regular classroom so they receive
support aimed at helping him or her work at grade level. The goal is to help as many students as possible reach their
potential in school without needing to be placed in special education programs.
Pre-referral Services
Important
note:
Dont confuse Early Intervening Services with early intervention services
provided to children younger than school age under IDEA.
Over Identification
In some areas of the U.S., students of different cultural backgrounds are diagnosed as having disabilities more frequently
than would be expected based on their share of the population. For example, African American children may be more
frequently diagnosed as having a disability than white children. This concern with over identification is yet another reason
that Early Intervening Services was added to IDEA 2004.
If a school district has been determined to have significant over identification (or disproportionality) the district may be
required to use IDEA funds for Early Intervening Services to provide pre-referral services to students showing academic
and/or behavioral difficulties, and particularly for those children in ethnic groups that have been significantly overidentified as needing special education services.
Important note:
While Early Intervening Services are funded by IDEA, parents should understand that the Procedural
Safeguards afforded to students and their parents under IDEA (described in Chapter 4: Procedural Safeguards)
do not apply to students receiving Early Intervening Services because they are not currently eligible for
formal services under IDEA, which is explained in Chapter 6: Eligibility Determination. However, some IDEA
protections, such as those for students involved in school disciplinary actions, may apply. See Chapter 10:
Student Discipline for additional information.
Reading First
Established by the latest version of the nations largest federal education law, the Elementary and Secondary Education Act
(ESEA), also known as No Child Left Behind (NCLB), Reading First is a program designed to establish reading programs for
students in kindergarten through Grade 3 that are based on scientifically-based reading research.
The Reading First program provides funds for teacher training, reading screening and assessments, and instructional
materials and strategies proven to prevent or remediate reading failure. The program is available to elementary schools
with significantly high rates of reading failure.
While learning to read is a complex, multi-dimensional process, NCLB has helped de-mystify reading instruction by
These essential
providing what research has determined are the essential components of reading instruction.
components of reading instruction have also been incorporated into the eligibility provisions of IDEA 2004. This will be
discussed in more detail in Chapter 6: Eligibility Determination. Parents can now use the essential components of reading
instruction to make sure that their child is getting reading instruction based on reading research. Use the
Reading Instruction Checklist on page 76 to learn what your schools reading program should include.
There are several other provisions of No Child Left Behind that can be used to provide help for struggling learners. These
provisions are explained in a companion guide entitled Making the No Child Left Behind Act Work for Children
Who Struggle to Learn: A Parents Guide available at www.LD.org/NCLB
Pre-referral Services
10
Final Word
From this chapter, you should understand that your school may already have prereferral interventions in place to support struggling students. These services may be
offered using IDEA funds, NCLB programs or a combination of the two. Regardless
of how you and your childs school might go about finding ways to offer additional
support and improve learning, its important to understand that your school has
both the incentive and funding available to serve your child. And remember, good
communication between you and your childs school is critical to making your child a
successful learner. Use the Checklist for Home-School Communications on page
78 to assist you.
In Chapter 2 youll learn about another approach for providing early, research-based
instructional interventions to struggling students. It is known as Response-toIntervention.
IDEA
Toolkit
Tools for Chapter 1
Reading Instruction
Checklist (Page 76)
Checklist for
Home-School
Communications
(Page 78)
Pre-referral Services
11
Response-to-Intervention (RTI)
A new approach to helping students
most at-risk for LD
Progress monitoring: A scientifically based practice used to assess students academic performance and
evaluate the effectiveness of instruction. Progress monitoring can be implemented with individual students
or an entire class.
Curriculum based measurement (CBM): Tools for measuring student competency and progress in the basic
Scientific, research-based instruction: Curriculum and educational interventions that are research based and
Universal screening: A step taken by school personnel early in the school year to determine which students
are at risk for not meeting grade level standards. Universal screening can be accomplished by reviewing
a students recent performance on state or district tests or by administering an academic screening to all
students in a given grade. Students whose scores on the screening fall below a certain cut-off point are
identified as needing continued progress monitoring and possibly more intensive interventions.
As you learned in Chapter 1: Pre-referral Services, provisions in both IDEA 2004 and No Child Left Behind are designed
to encourage school districts to provide additional support for struggling students within general education. In this
chapter youll learn about a process known as Response-to-Intervention (or Responsiveness-to-Intervention)(RTI). IDEA
2004 encourages schools to begin using a process that determines if a student responds to a scientific, research-based
intervention as a part of the evaluation procedures to determine which students may have a specific learning disability
(SLD) and need special education.
Response-to-Intervention
12
The growing interest in RTI is closely linked to another significant change made
by IDEA 2004 the elimination of the requirement for schools to determine
that a student shows a severe discrepancy between intellectual ability and academic
achievement in order to be identified as having an SLD.
Before IDEA 2004, a student could not be identified as having a specific learning
disability unless a discrepancy was found in one or more of the following areas:
oral expression
listening comprehension
written expression
basic reading skill
reading comprehension
mathematics calculation
mathematics reasoning
This discrepancy requirement, which has been part of federal special education
regulations since 1977, has been under attack for some time. Critics charge that the
discrepancy approach requires students to fail for long periods of time before they
can be found eligible for special education services. Equally important is the growing
evidence that the discrepancy requirement is particularly problematic for students
living in poverty, students of culturally different backgrounds and those whose native
language was not English.
Relaxing the discrepancy requirement, which has been so deeply embedded in
the identification of a specific learning disability, should lead to improvements in
identification practices and better results for students.
What is RTI?
The RTI process is a multi-tiered approach to providing services and
interventions to students who struggle with learning at increasing levels of
intensity based on progress monitoring and data analysis.
T he RTI process has the potential to limit the amount of academic failure that
any student experiences and to increase the accuracy of special education
evaluations. This could also reduce the number of children who have been
mistakenly identified as having learning disabilities when their learning
problems are actually due to cultural differences or lack of adequate
instruction. Information and data gathered by an RTI process can lead to earlier
identification of children who have true disabilities and are in need of special
education services.
Essential Components
of RTI
According to the National
Research Center on Learning
Disabilities (NRCLD) (www.
nrcld.org), the essential
components of RTI include:
M
onitoring a students
progress in the general
curriculum using
appropriate screenings or
tests (assessments)
C
hoosing and
implementing a
scientifically proven
intervention to deal with a
students learning problems
F ollowing formal guidelines
to decide which students
are not making sufficient
progress or responding to
the intervention
M
onitoring how the
student responds to the
intervention by using
assessments at least once
a week or once every two
weeks
M
aking sure the
intervention is provided
accurately and consistently
D
etermining the level of
support that a student
needs in order to be
successful
G
iving parents notice of
a referral and a request to
conduct a formal evaluation
if a disability is suspected as
required by IDEA
Response-to-Intervention
13
Pre-referral interventions have frequently been used without close monitoring or documentation of the students progress.
Monitoring and record keeping provide the critical information needed to make decisions about the students future
instruction. If monitoring and record keeping doesnt occur along with pre-referral strategies, the opportunity to make
informed decisions about the students future instruction and intervention needs is lost. Equally important, the adequacy
of the instruction being delivered in the general education classroom where the student was experiencing learning
difficulties has not usually been examined. Frequently, the instructional program being used in general education, such as
the beginning reading program, is not scientifically based and does not have a high success rate for most children.
In contrast, successful implementation of RTI requires a number of essential components that ensure high-quality
instruction, careful monitoring and documenting of progress and close collaboration between general education and
special education.
Students who are at-risk are identified using universal screenings and/or results
on state or district-wide tests and could include weekly progress monitoring of all
students for a brief period. Identified students receive supplemental instruction,
or interventions, generally delivered in small groups during the students regular
school day in the regular classroom. The length of time for this step can vary, but it
generally should not exceed eight weeks. During that time, student progress is
closely monitored using a validated screening system such as curriculum based measurement (see below). At the end
of this period, students showing significant progress are generally returned to the regular classroom program. (Note: this
step may be broken into 2 separate tiers in a 4-tier model) Students not showing adequate progress are moved to Tier 2.
Students not making adequate progress in the regular classroom in Tier 1 are
provided with more intensive services and interventions. These services are provided
in addition to instruction in the general curriculum. These interventions are provided
in small group settings. In the early grades (K-3) interventions are usually in the areas
of reading and math. A longer period of time may be required for this tier, but it
should generally not exceed a grading period. Students who continue to show too
little progress at this level of intervention are then considered for more intensive
interventions as part of Tier 3.
Depending on a schools particular model of RTI, parents may or may not be involved in Tier 2. Ideally, schools involve
parents at the earliest stages of RTI by explaining the process in face-to-face meetings, providing written intervention
plans and requesting parental consent.
Students receive individualized, intensive interventions that target the students skill
deficits. Students who do not respond to these targeted interventions are then
considered for eligibility as required by the Individuals with Disabilities Education
Act (IDEA) (see Chapters 5 and 6). The data collected during Tiers 1, 2 and 3 are
included and used to make the eligibility decision. (Note: This part of the process
may be broken into 2 separate tiers in a 4-tier model).
At any point in an RTI process, IDEA allows parents to request a formal evaluation to determine eligibility for special
education. An RTI process cannot be used to deny or delay a formal evaluation for special education.
*Images reprinted with permission of the IRIS Center (OSEP grant H325F01003) and the TN State Improvement Grant (OSEP grant H323A030007).
http://iris.peabody.vanderbilt.edu/
Response-to-Intervention
14
IDEA
Toolkit
Tools for Chapter 2
Ten Questions to Ask
About RTI (page 79)
The instructional interventions used as part of an RTI process should provide targeted
assistance based on progress monitoring, be delivered by a highly qualified classroom
teacher or another specialist and provide additional instruction on an individual or small
group basis (with or without technology assistance).
The following practices are not appropriate instructional interventions and should not be
part of an RTI intervention plan:
As school districts work to improve the process of identifying students who have a specific
learning disability and need special education services, parents need to understand
the components essential to the appropriate implementation of RTI. Use the
Ten
Questions to Ask about response-to-Intervention (RTI) on page 79 to help guide
you through the process.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Response-to-Intervention
15
Has
been fully informed of all information related to the proposed activity (in his native language, or
other mode of communication)
U
nderstands and agrees in writing to carrying out the activity for which his consent is sought
U
nderstands that giving consent is voluntary and may be revoked at any time
Understands that revoking consent will not apply to an activity that has already occurred
Informed consent is required for an evaluation, a reevaluation and for the initial delivery of special
education services.
16
17
18
IDEA
Toolkit
Tools for Chapter 2
Learning Disabilities
Checklist (Page 80)
Types of Records a
IDEA 2004 establishes a new requirement that each state must have a policy
that prohibits school districts from requiring a child to be taking medication,
such as those frequently prescribed for children with attentional disorders
such as Attention Deficit Hyperactivity Disorder (ADHD), as a condition of
attending school, receiving an evaluation, or receiving services under IDEA.
While ADD/ADHD is not a learning disability, some students may have both
ADD/ADHD and LD.
Sample Letter
Requesting Evaluation
(Page 89)
Organzing Your
Concerns Chart
(Page 86)
19
Procedural Safeguards
Understanding and excercising
your legal rights
rior Written Notice: A written notice that the school must provide to the parents of a student with a disability within
P
a reasonable time if they wish to:
Evaluate the student
Determine whether the student is eligible for special education services
Change the students evaluation or educational placement or educational plan (IEP)
Refuse the parents request to evaluate their child or change their childs educational plan (IEP) or placement.
In the last chapter you learned about the process involved in making a formal request for an evaluation of your child. That
request, once made, triggers a requirement for your school district to provide you with a copy of a notice known as the
Procedural Safeguards Notice a formal document that describes the rights and protections of both you and your
child.
The federal IDEA law promotes parents involvement in the education of their child, and it incorporates parents and
childrens rights as well as certain protections for these rights. These protections are embedded in the procedures
that states are required to follow as they evaluate students and provide special education services. Collectively, these
protections are called procedural safeguards.
Since state laws also govern special education services, procedural safeguards notices may be different across states and
school districts. However, all procedural safeguards notices must include the safeguards of parents and students rights that
are required by IDEA (see table below).
The Procedural Safeguards Notice, containing all of the information required by IDEA, must be provided to
parents at very specific points along the way. IDEA 2004 changed the points at which the school must provide
parents with the Procedural Safeguards Notice and reduced the number of times a parent must get the notice. However,
parents may request a copy of the Procedural Safeguards Notice at any time. (Many states place a copy of the procedural
safegaurds notice on its Internet Web site.)
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Procedural Safeguards
20
The Procedural Safeguards Notice must be written in the native language of the parents (unless it is clearly not feasible to
do so) and it must be written in a way that is easy to understand.
The Procedural Safeguards Notice
must contain information about
You have the right to have your child evaluated by professionals from
outside the school district if you disagree with an evaluation that has
been conducted by the school district. The school district is required
to allow outside evaluations but is not required to accept the results.
Generally, you must pay for this evaluation; however, if it is determined
that the school districts prior evaluation was inappropriate, you will be
reimbursed for the cost of the evaluation. (Be sure to learn about your
state or district policy regarding IEE.)
The school district is required to notify you beforehand if they wish to:
Evaluate your child
Determine whether your child is eligible for special education
services
Change your childs evaluation or educational placement or plan.
If you request evaluations and changes in your childs educational plan
or placement, and if the school district refuses, they must give you prior
written notice that explains their decision.
The school district must obtain your written, informed consent before
they can evaluate your child or begin to provide special education
services to your child (following initial evaluation and eligibility).
Their request for your consent must include specific information
about the proposed activity and it must be presented in a way that is
understandable to you. Until you give them your written consent, they
are not required to provide special education services. You may consent
to all or some of the services offered by the school. If there are some
services you do not want your child to have, the school district must
still provide the services to which you do consent.
Procedural Safeguards
21
You have the right to see your childs educational records, to have
copies and to have the records explained to you by school officials.
If the records contain inaccurate or misleading information, you may
ask that they be changed or make a written request for a hearing to
challenge the information.
School districts may release your childs records without your consent
to other school officials or teachers who have legitimate educational
interests in your child. They may also release records without consent in
health or safety emergencies. If your child transfers to another district,
the school district may release the records if you are informed that the
records will be forwarded and have a chance to request the records
and challenge any misinformation.
You must present complaints within two years of the alleged action (or
within the period specified by your states law).
Note: In this context, a complaint is a legal document that states a
plaintiffs case against a defendant.
Procedures for resolving parents complaints against school districts
include:
Mediation
Resolution meetings
Due process hearings
Appeals to state or federal courts.
While your complaint is being resolved, your child will remain in his or
her present educational placement unless you and the school district
agree otherwise, or if other circumstances apply. (See Chapter 11 for
details.)
Each state must also have a state complaint procedure that individuals
or organizations may use to file complaints against a school district or
districts. (See Chapter 11 for details.)
Procedural Safeguards
22
Both you and the school district have the right to request a due process
hearing to resolve a dispute. A due process hearing is a formal legal
procedure before an impartial hearing officer or administrative law
judge.
You may request a due process hearing regarding any proposal or
refusal of the school district to:
Initiate or change the identification of your child
Evaluate your child
Educational placement of your child
Provide a free, appropriate, public education to your child.
(See Chapter 11 for details.)
If dissatisfied with the results of a due process hearing, you may file
a civil suit against the state or school district within 30 days of a due
process hearing. (See Chapter 11 for details.)
While these safeguards are complex and can be confusing, it is important when beginning the special education process
to know and understand each of these provisions. These are powerful rights that protect your childs right to a free,
appropriate public education in the least restrictive environment and they should be fully considered and exercised by you.
You are the best advocate for your child when you actively participate in the special education process.
Remember, details of these safeguards will vary from state to state, so its a good idea to contact your states Parent Training
and Information Center for assistance in fully understanding your states Procedural Safeguards Notice. The U.S. Department
of Education has a model Procedural Safeguards Notice available on its Web site at www.idea.ed.gov.
In the next chapter youll learn about the formal evaluation process that must be conducted in order to determine eligibility
for special education services under IDEA.
Procedural Safeguards
23
Parent
Perspectives
Those Three Words: Prior Written Notice
My name is Alex, and I am the father of twin second graders, Holly and Josh, who attend elementary school in Delaware.
Holly and Josh were born 12 weeks premature. Their pre-maturity resulted in both children having hydrocephalous as well
as various learning disabilities. I have participated in IEP meetings for five years starting when Holly and Josh were three
years old.
At each IEP meeting I was given a small booklet that described a parents procedural safeguards under IDEA. To be honest,
I never actually read through it. I always trusted school staff and assumed that the teachers and therapists would do all
they could to meet my childrens specific needs. The district staff never took the time to go over the procedural safeguards
document with me and I never realized exactly how important knowing your rights could be.
Then, at my last IEP meeting, I was told that my daughter Holly had only made one month of progress in reading during
the previous twelve months time and that she was falling farther and farther behind.
During her IEP meeting I asked for some additional intervention from the school reading specialist, but was told the
reading specialist was already seeing too many children and did not have any additional time available to spend with
my daughter. The school staff told me that Holly would just have to make due with the small group instruction she was
getting in the special ed classroom.
I really didnt know what to say. Luckily I talked to other parents and they recommended that I attend a seminar sponsored
by our districts special needs PTA. A representative from our states Parent Information Center was there as well as two
attorneys who explained, step by step, all of the parent rights described in that little book that I had previously never read.
It was there that I learned the three most important words that a parent of a child with disabilities needs to know: Prior
Written Notice. I had heard district staff use this term once in a while, and thought that it only meant that the district had
to give you 10 days notice before scheduling an IEP meeting. It actually means a whole lot more.
At the special needs PTA meeting I learned that Prior Written Notice means that when a school district adds, changes,
or denies educational services to your child, they must explain to the parent in writing why the services are being added,
changed, or denied. If the school district is denying your services, they most likely will not provide you prior written notice
voluntarily you will have to ask them to do it.
I have found that my states Parent Training and Information Center and our Districts Special Needs PTA can be extremely
valuable resources. In my situation, the school district took our concerns more seriously when we requested them to give
us Prior Written Notice concerning why my request for time with the reading specialist was being denied.
The district ended up re-evaluating her reading skills and assigned a reading specialist to coach her teacher on how to
better teach to my daughter. Its not exactly what I wanted, but its a start. Im hopeful that the district will agree with
me and get my daughter the additional help she needs. In the meantime, we are using a private tutoring service to
supplement her instruction.
Im sure my story isnt all that unique but I cant emphasize enough how important it is to know your rights under IDEA
especially those three words: Prior Written Notice. They can make some powerful things happen for you that might
change the outcome for your child. Hang in there you are not alone.
Sincerely,
Alex from Delaware
Procedural Safeguards
24
Evaluation
Learning more about your child
Initial Evaluation
In previous chapters youve learned about several steps that lead up to a formal student evaluation, including Pre-referral
Services, Response-to-Intervention, Referral or Request for Evaluation and Procedural Safeguards. This chapter will provide
you with an overview of the initial evaluation and reevaluation processes.
At this stage of the special education process, both the parent and the school district
have agreed to conduct a formal student evaluation. The students parents have received
their Procedural Safeguards Notice and have provided informed consent, or permission,
for the evaluation to proceed.
By providing consent for an initial evaluation, you are not giving permission for your child
to receive special education services. You are only consenting to the evaluation process. If
your child is found eligible for special education services, you will be required to provide
informed consent for the services before they can begin.
An initial evaluation is conducted to provide information that will be used to determine
if your child is a child with a disability as defined by IDEA, and, because of that disability,
needs special education and related services. The evaluation process includes a variety
of tests to measure your childs cognitive ability, academic skills, language skills, and
social and emotional status. Evaluations may include reports written about your child
that include observations of your child in the classroom and other school settings, and
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Evaluation
25
standardized tests. If your child is found eligible for special education under IDEA,
the evaluation information will also be used to develop his or her Individualized
Education Program (IEP), which will be discussed in Chapter 7: Individualized
Education Programs.
Timeline for Initial Evaluation. Many states have established specific timeframes in
which a student evaluation must be completed once you provide informed parental
consent. You need to know your states timeline for evaluation including whether
the timeline is in calendar days or schools days. Mark your calendar on the date your
childs evaluation begins and when it should be complete.
If you live in a state that does not have an established timeline for completing
an evaluation, IDEA 2004 requires that the evaluation be conducted within 60
calendar days of receiving parental consent. Exceptions to this timeframe apply if the
parent does not make the child available for evaluation, or if the student transfers to
another school district.
Schools routinely perform screenings and other informal assessments to
all students to assist with their instructional programs. IDEA 2004 makes it
clear that screenings administered by a teacher or other specialist for the purpose
of determining instructional strategies are not to be considered as an evaluation for
special education. Parental consent is not required for school-wide assessments or
screenings unless consent is required for all students.
Evaluation Notice
The school district will provide you with an Evaluation Notice, or evaluation plan, that
describes any tests the school proposes to conduct during the evaluation. Since IDEA
contains a number of legal requirements for conducting evaluations, you should be
sure that the process outlined and types of tests described in the evaluation notice
reflect these requirements, are broad enough to provide a complete picture of your
child, take into consideration the concerns you have raised in your communications
with the school, and will provide the information needed to design your childs
educational program. Refer to the
Worksheet for Organizing Your Concerns
about School-Related Problems on page 86 to assist in your review of the
proposed evaluation plan.
This is the beginning of your full and equal participation in the special education
process participation that is very important to your childs school success. While the
terms and jargon used in the world of educational and psychological testing can be
confusing and intimidating, make time to learn about the various tests the school
district proposes in the evaluation plan.
Evaluations vs.
Assessments
The No Child Left Behind
Act (NCLB) requires all
states to administer
statewide assessments of
reading/language arts and
mathematics in grades 3
through 8 and once between
grades 10 and 12. Many
states have additional state
or district-wide assessments
that are administered to all
students to measure their
academic performance
against the states academic
standards. Several states have
tests that students must pass
to earn a standard high school
diploma or to be promoted to
the next grade.
A students performance
on these state or district
assessments can provide
helpful information about
the students rate of progress
and academic achievement as
compared to his or her peers
in the same grade. However,
such assessments do not
provide the comprehensive,
individualized information
required by IDEA in order to
make a determination for
special education eligibility.
That comprehensive,
individualized information
comes from a formal
evaluation.
Ask to meet with the evaluator or the schools special education administrator to
discuss the tests that are proposed, what they measure, and when and how they
will be administered. While providing parents with an opportunity to meet and
discuss the proposed evaluation process isnt required by IDEA, its a good way for
you to gain a full understanding of what is being proposed and how the results will
help everyone make informed decisions about services and supports that might be
appropriate. Ask for any resources that might help further your understanding, and
take the opportunity to visit the library or do an online search. Use the
Questions
to Ask About Evaluation Plans on page 90 to help you decide if the proposed plan
is right for your child and to improve your understanding of the plan.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Evaluation
26
IDEA requires that the school must review evaluations and information provided by
parents. The information you provide as part of the evaluation process is extremely
important. Also, you may be asked to conduct parts of the evaluation yourself, such
as filling out checklists and reporting observations of your child.
Examples of
information that
parents can provide
from their records
P
rior teacher and parent
reports
I nformation from
parents research about
their childs disability
R
esults of private
screening or testing (paid
for by parents or private
insurance)
I nformation from private
tutors and therapists
L etters from a family
doctor
School reports
S amples of school
performance
Evaluation
27
s noted in Chapter 2: Response-to-Intervention, the data collected during RTI are included as part of the
A
evaluation results and are used to make eligibility decisions. However, IDEA requires multiple sources of data and
does not allow any single measure or assessment to be used as the sole criterion for determining whether your
child has a disability or for determining an appropriate educational program for your child.
A school district may propose to use an RTI process while conducting an evaluation (as required by IDEA) of your
child. Together, RTI and formal evaluation provide information about your childs academic skills, rate of learning
and the underlying reasons for his or her learning difficulties.
You are free to request a formal evaluation at any time. School district policies regarding RTI should not be used to
delay or deny your request for evaluation.
Evaluation
28
Evaluation Report
The school district is required by IDEA to provide you with a copy of the evaluation
report; however, they are not required to provide it before the meeting to determine
your childs eligibility for special education. You should request a copy of the full
evaluation report before any meeting so that youll have time to prepare your
questions and recommendations. You will need to make a request, in writing, stating
your expectation to receive a report prior to any meetings. Use the
Sample
Letter on page 91 to make a written request for a copy of the evaluation report.
You can also request to meet with the evaluator or case manager at your childs
school to get a complete review of the results. Again, this type of meeting is not
required by IDEA, but it can go a long way toward helping you decipher complex test
results.
The next step in the special education process, following the completion of an initial
evaluation, is Eligibility Determination, which is covered in Chapter 6.
Reevaluations
For students who have been found eligible for special education and have an IEP,
IDEA lays out certain requirements and conditions for reevaluations to establish
that the child continues to need special education support and services. In all
circumstances, the school must obtain informed consent from the parent to conduct
a reevaluation. As with the initial evaluation, if the parent chooses to refuse to provide
consent for reevaluation or does not respond to the request to provide consent for
the reevaluation of a child attending public school, the school district may pursue
the evaluation by using the dispute resolution procedures described in Chapter 11:
Dispute Resolution Options.
While reevaluations are required at least once every three years to determine
the continuing need for special education, IDEA 2004 clarifies that the childs
parents and the school district can override this requirement if they both agree
that a reevaluation is not necessary to establish continued eligibility for special
education.
Reevaluations cannot be conducted more frequently than once a year,
unless both the parent and the school district agree that it is necessary.
A reevaluation must be conducted if requested by the childs parent.
IDEA
Toolkit
Tools for Chapter 5
Questions to Ask
About Evaluation
Plans (Page 90)
Sample Letter
Requesting Evaluation
Report (Page 91)
Reevaluations are also required in order to determine if special education
and related services are no longer needed. A reevaluation is not required
when a student graduates with a regular diploma or reaches the maximum age
for receiving special education services as set by the state (turning 22 years of age
in most states). In these cases, the school district must provide a summary of the
students academic and functional performance and provide recommendations
for helping the student meet his or her goals after high school. The summary of
performance is discussed in Chapter 8: Transition.
Evaluation
29
Eligibility Determination
Determining your childs need
for special education
Eligibility: The determination that a student is a child with a disability as defined by IDEA.
Eligibility Determination
30
Meetings do not have to be face-to-face. IDEA 2004 allows for alternative
ways of meeting, such as through telephone conference calls or video
conferences. If you are unable to attend a meeting at the proposed time, ask
about these alternatives.
Who attends the meeting? You will receive a written notice about this meeting
which will include the school staff members who will be attending. As the childs
parent, you have the right to bring other individuals to the meeting. However,
IDEA states that these other individuals must have knowledge or special expertise
regarding your child. Individuals appropriate to bring with you to an eligibility
meeting might include educational advocates, private evaluators, private tutors and/
or other professionals who have experience with your child. Bringing individuals with
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Eligibility Determination
31
knowledge of your child and the special education process can provide you with additional support during the eligibility
meeting.
IDEA requires that the eligibility determination be made by a group of qualified professionals and the students parents.
Who attends on behalf of the school will vary depending on your state or school district. Individuals likely to attend would
include a school principle, school psychologist, special education teacher, general education teacher and others involved
in the evaluations and assessments conducted as part of the evaluation process. A translator should also be present if you
need one.
What happens at the meeting? The initial IEP meeting to determine eligibility will generally include:
Introductions of those attending
A
review of the results of your childs evaluation (Remember, you should have already received a copy of the evaluation
report prior to this meeting. If you have not received the evaluation report prior to the meeting, you must be given a
copy at the meeting.)
A
review of any material that you, as the parent, want to have included as part of the determination. This may include
results of private screening or testing, reports from a family doctor, or information from private tutors. It is best to
provide these materials to school personnel before the meeting so they have an opportunity to review them.
Discussion of the evaluation results
Determination of eligibility and the educational needs of the student.
Prong One -
The student must be determined to have one (or more) of the 13 disabilities listed in the IDEA.
AND
Prong Two - The student must, as a result of that disability, need special education in order to make progress in
school and in order to receive benefit from the general educational program.
Given this two-pronged test, it is possible that a student could be determined to have a disability (Prong One), such as a
Specific Learning Disability or Attention Deficit/Hyperactivity Disorder (AD/HD), yet not be in need of special education
(Prong Two).
In such cases, the student may be eligible under other disability categories of IDEA, or an optional designation known as
developmental delay which is designed to enable states to provide special education services to young children (ages
three through nine) who are experiencing developmental delays but do not satisfy the criteria for a disability category.
Lastly, educational assistance may be available to the student under another federal law, Section 504 of the
Rehabilitation Act.
In making the eligibility decision, IDEA requires that the team of qualified professionals and the parent draw upon a variety
of information about the student, including relevant functional, developmental and academic information provided by the
evaluation process. Any additional information provided by the parent must also be considered. The team is not allowed to
rely on any single measure or assessment as the sole basis for determining eligibility.
Eligibility Determination
32
Special Rule for Eligibility Determination. In addition to the consideration of all information obtained
through the initial formal evaluation, as well as information provided by the parents, IDEA 2004 requires some
additional considerations in making eligibility decisions. To prevent students from being inappropriately identified as a
child with a disability under any category, the team must also determine that none of the following factors are the primary
reason for the students academic difficulties:
L ack of appropriate instruction in reading, which must include the essential components of reading instruction as
defined in No Child Left Behind (see the
Reading Instruction Checklist on page 76 for more information.)
Lack of instruction in math
Limited English proficiency.
In making an eligibility decision, the team has flexibility. More and more, the determination of a specific learning disability
relies on the professional judgment of the team. By using the combined knowledge and expertise of the team members,
sound judgments regarding the disability status and learning needs of your child can be formulated. The team should not
rely on any one criterion nor require any specific mathematical discrepancy in making a determination regarding a specific
learning disability.
As discussed in Chapter 2, IDEA 2004 made significant changes to the procedure to determine if a student has a
Specific Learning Disability.
Specifically, IDEA 2004 eliminates the requirement for schools to determine that a student shows a severe discrepancy
between intellectual ability and academic achievement in order to be identified as having an SLD a requirement that had
been part of IDEA federal regulations for almost 30 years. But since the law does not entirely prohibit its use, some states may
continue to use a discrepancy model as part of its eligibility process.
C
aution Learn Your State and School District Policy. IDEA 2004 federal regulations require that every state have criteria for
determining eligibility for SLD. Be sure to learn your states criteria and how it is implemented in your local school district. Your
Parent Training and Information Center can provide you with this information.
T he group that determines eligibility for SLD must include the students parents, the students regular education teacher (or
a teacher qualified to teach a student of his or her age) and at least one person qualified to conduct diagnostic examinations,
such as a school psychologist, speech-language pathologist, or remedial reading teacher. Others may also be included when
appropriate, such as an occupational therapist or physical therapist.
The updated procedure, contained in the IDEA 2004 federal regulations, requires them to determine that:
The student does not achieve commensurate with his age in one or more of the following areas:
- Oral expression
- Listening comprehension
- Written expression
- Basic reading skill
- Reading fluency skills
- Reading comprehension
- Mathematics calculation
- Mathematics problem solving (previously called mathematics reasoning)
The student does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas
above when using a "response to scientific, research-based intervention process" (such as the Response to Intervention process
described in Chapter 2) or
Eligibility Determination
33
T he student exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, stateapproved grade level standards or intellectual development (for example, an achievement test shows a discrepancy
between reading and math, indicating strengths and weaknesses among your childs academic skill levels) or
T he student has been provided appropriate instruction in reading or math. Information that demonstrates that the
student received appropriate instruction from a qualified teacher in a regular education classroom must be considered
by the team. In addition, there must be documentation of regular assessments of achievement. This documentation
should have been provided to the students parents.
The students lack of achievement is not primarily the result of any of the following:
- A visual, hearing, or motor disability
- Mental retardation
- Emotional disturbance
- Cultural factors
- Limited English proficiency
- Environmental or economic disadvantage
The eligibility team must consider information from an observation of the student (including the regular classroom
setting) to record academic performance and behavior in the areas of difficulty. This information can be from
observations and monitorings of performance done prior to the students referral for a formal evaluation or from an
observation conducted by a member fo the eligibility team as part of the formal evaluation process.
Finally, the team must document all of its eligibility findings in writing. Each member of the team must certify in
writing whether the written report reflects his or her conclusion and, if it does not, that member must submit a
separate statement presenting his or her conclusions. The written eligibility determination report must include detailed
information about the findings and conclusions reached by the team.
In making an eligibility decision, the team has flexibility. More and more, the determination of a specific learning disability
relies on the professional judgement of the team. By using the combined knowledge and expertise of the team members,
sound judgements regarding the disability status and learning needs of your child can be formulated. The team should
not rely on any one criterion nor require any specific mathematical discrepancy in making a determination regarding a
spcific learning disability.
Next Steps
Eligible Students
If your child is found eligible for special education, the next step is to draft a proposed Individualized Education Program
(IEP) for your child. An IEP must be developed within 30 calendar days of the determination that your child needs special
education. Special education services may not be provided until an IEP has been developed and you have provided
informed consent.
Frequently, school districts will propose to combine both the eligibility meeting and the initial IEP meeting. In fact,
IDEA 2004 encourages having these meetings at the same time. Combining meetings can save time for parents
and school staff and can also allow the student to begin receiving services more quickly. However, if you object to such a
process, let the school know that you prefer separate meetings to discuss your childs eligibility and to develop your
childs IEP.
Eligibility Determination
34
IDEA
Toolkit
Tools for Chapter 6
Questions to Ask
about Your Childs
Eligibility Determination
(Page 92)
Now that your child has been found eligible to receive special education services, an
IEP must be developed. In the next chapter youll learn how the IEP will be developed
and the important role you will play.
Eligibility Determination
35
36
Supplemental aids and services: Aids, services and other supports that are provided in regular education
classes or other education-related settings that enable children with disabilities to be educated alongside
nondisabled children to the maximum extent appropriate. Examples of supplemental aids and services
might be assistive technologies such as a computer or adapted physical education.
Accommodations: Accommodations are tools and procedures that provide equal access to instruction and
assessment for students with disabilities. Designed to level the playing field for students with disabilities,
accommodations are generally grouped into the following categories:
Presentation (e.g., repeat directions, read aloud, use of larger bubbles on answer sheets, etc.)
Response (e.g., mark answers in book, use reference aids, point, use of computer, etc.)
Timing/Scheduling (e.g., extended time, frequent breaks, etc.)
Setting (e.g., study carrel, special lighting, separate room, etc.).
In the previous chapter you learned about the Eligibility Determination process the
decision about whether your child qualifies for special education services under IDEA
following an initial evaluation. If your child is eligible for special education services, the
next step is to develop his or her Individualized Education Program, also known as an IEP.
Your childs IEP lays out the schools commitment of special education and related
services to be provided by the school district. An IEP must be developed within 30 days
of eligibility determination and then must be reviewed annually as long as the student
continues to be eligible for services. Special education and related services cannot begin
until an IEP has been developed.
As noted throughout this chapter, IDEA 2004 made several significant changes to the
Individualized Education Program, both in terms of who should participate and what
should be included in this important process.
Providing notice of the meeting early enough to ensure that parents have an opportunity to attend
Scheduling the meeting at a mutually agreed upon time and place.
Alternative ways of meeting, such as conference calls and video conferencing, should be made available to parents as a
way of ensuring participation. While a face-to-face meeting involving at least one parent is most desirable, an alternative
meeting format can provide an opportunity for both parents to participate.
Meeting Notice
The school must provide you with a written notice of every proposed IEP meeting. The meeting notice must state the
purpose of the meeting, the time and location of the meeting and who will attend. The notice must also inform you of your
right to bring other individuals to the IEP meeting.
For meetings to develop IEPs for students turning age 16 (or older) during the time in which the IEP will be in effect, the
notice must also:
Indicate that the meeting will include consideration of postsecondary (after high school) goals and transition
services
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
37
E
xceptions to IEP Meeting Attendance. IDEA 2004 provides two ways that the
IEP team members indicated above with an * can be excused from attending the
IEP meeting, in whole or in part:
If the members area of the curriculum or related services is not being
modified or discussed in the meeting. Parents must provide written
agreement for this type of excusal.
If, when the members area of curriculum or related services is being
discussed, the member submits written input to the parents and the team
prior to the meeting. Parents must provide informed written consent for this
type of excusal.
Conducation an IEP
Meeting without a
Parent.
A school district may conduct
an IEP meeting without
the students parents in
attendance if the district has
been unable to convince the
parents to attend and has
kept records of its attempts to
gain the parents attendance.
IEP FORMS
Most states and/or local
school districts have
developed forms to make
the IEP process run smoothly.
These forms must contain all
of the elements required by
IDEA and may also contain
additional state and/or district
level elements. If your school
district has an IEP form, obtain
a copy of the form before your
childs IEP meeting. Reviewing
the IEP form that will be used
by the school will help you
understand the information
that will be covered during
the meeting.
Remember that forms can
limit flexibility by not allowing
you room to include details
that are specific to your child.
So, dont hesitate to bring up
issues of concern regardless
of whether the schools IEP
form provides a place for such
information. Above all, the
IEP must be tailored to each
students unique educational
needs.
This applies whther the IEP team member wishes to be excused from attending either
the entire meeting or part of the meeting. If you would prefer that the school district
not propose to excuse any member of your childs IEP team, you need to notify the
school, in writing, well in advance of the meeting. Use the Sample Letter Regarding
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
38
IEP PROCESS
CONSIDERATION
FACTORS
SPECIAL
FACTORS
PRESENT LEVEL OF
PERFORMANCE
MEASURABLE
ANNUAL G OALS
PROGRESS
REPORTING
SERVICES
& PROGRAMS
PARTICIPATION IN
GENERAL EDUC ATION
Additional Resource
A thorough discussion of
behavior plans and the
assessment required to
develop such plans is beyond
the scope of this guide.
However, if your childs
behavior is interfering with
learning, be sure to become
familiar with this process and
ask the IEP team to address
behavior as part of your childs
functional needs. Start by
reviewing the information
in the publication, IEP Teams
Introduction To Functional
Behavioral Assessment And
Behavior Intervention Plans,
available at http://cecp.air.
org/fba/default.asp.
As noted above, IDEA 2004 adds a new requirement that the IEP must take into
consideration the academic, developmental and functional needs of your child. This
allows the IEP team to broaden what it might consider important for your childs IEP
beyond academic performance and include needs associated with other important
aspects of your childs performance. Developmental and functional needs can include
areas such as social skill development, behavioral problems and attentional issues
all areas of development that can have significant impact on your childs academic
performance. Your childs participation in extracurriculum and other nonacademic
activities should also be considered.
Special Factors. Next, the IEP team must consider a list of special factors that might
require additional elements in the IEP. These factors are:
For example, if the IEP team feels that a students behavior is interfering with learning,
the team should develop a behavior intervention plan. The behavior plan must be based
on an assessment of the students behavior so that interventions can be developed to
address the specific behaviors of concern. (See additional resource at right.)
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
39
Present Level of Performance (PLOP). Next, the IEP team develops a statement describing your childs present levels of
academic and functional performance.
This statement should be drawn from a variety of information and data, including information provided by you. The
PLOP must include information on how your childs disability affects his or her involvement and progress in the general
education curriculum. The PLOP establishes the starting point, or baseline, that will be used to develop the IEPs measurable
annual goals, so its important that objective information such as recent test scores and other evaluation data be included
in this statement.
Examples of inappropriate and appropriate present level of performance statements (PLOP):
Inappropriate: Susan is not progressing adequately in the second grade reading curriculum.
Appropriate: Susan is reading 15-20 words per minute (WPM) with three to eight errors in second grade material.
She reads slowly with inaccurate decoding skills.
Measurable Annual Goals. Next, the IEP team develops a set of measurable annual goals, including academic and
functional goals. The goals must be designed to meet your childs needs that result from his or her disability. Additionally,
the goals must enable your child to be involved in and make progress in the general education curriculum. These goals
should be written only for areas of need that arise from your childs disability. These are not goals for your childs total
education program (unless all areas are affected). Goals must be measurable and must relate directly to the information in
the PLOP.
Examples of inappropriate and appropriate annual goals:
Inappropriate: Susan will improve her decoding skills and reading speed.
Appropriate: Susan will read 80 words per minute (WPM) with zero to two errors in second grade material.
Short-term Objectives. For students with significant cognitive disabilities who participate in district and state-wide testing
via alternate assessments based on alternate achievement standards, each annual IEP goal is also broken down into shortterm objectives measurable intermediate steps between the baseline (as described in the PLOP) and the annual goal.
hile the requirement for short-term objectives for all other students was eliminated in IDEA 2004, some states may
W
choose to continue to require such interim steps as part of annual goals.
Progress Reporting. Next, the IEP team will describe how your childs progress toward meeting the annual goals will be
measured and reported to you. This description must include when you will receive regular progress reports. For example,
progress reports can be issued quarterly, at the same time that report cards are sent home to all parents.
Reports of progress toward annual goals should involve objective measures such as results gathered by curriculum based
measurement and standardized tests and should not rely on any one single measure. A combination of measures will
best document your childs progress and show if the special services are meeting your childs needs. Teacher observation
and grades alone are not appropriate measures of student progress.
Services/Programs. Next, the IEP team must develop a statement about the special education (specially designed
instruction), related services and supplementary aids and services that will be provided to your child, or to someone else in
order to address the needs of your child.
The proposed special education services, related services and supplementary aids and services must enable your child to:
Advance appropriately toward reaching the annual goals
40
B
e involved in and make progress in the general education curriculum, extracurricular and other nonacademic
activities
Be educated and participate with children who do not have disabilities.
The statement of special education services must include specific information such as:
Dates (date services will begin and end generally one year)
Frequency (how often the services will be provided; for example, the number of times each day or week and the
minutes or hours that will be provided each time)
Location (where the services will be provided; for example, in a resource room)
Duration (the period of time each service will be provided).
This statement of special education services is the schools commitment of resources to your child that will allow him or her
to reach the measurable annual goals developed by the IEP team.
The IEP teams choice of special education and related services must be guided by peer-reviewed research
whenever possible. In other words, instructional programs and other services should be supported by strong
evidence of effectiveness that has been determined through scientifically-based research. This is particularly
important when determining instructional programs to address reading difficulties since there is a robust body of
research showing the effectiveness of an array of reading programs, also known as methodologies.
You should ask whether the school has any scientifically-based research to support the instructional program
or methodology that is proposed for your child, including evidence of its effectiveness. This applies not only to
instructional programs to address academic needs, but also to the programs chosen to address behavioral or other
identified areas. Schools should be able to offer a variety of instructional approaches not simply one approach
that is used with all students who have a particular learning problem or disability.
Unfortunately, sometimes there is a disconnect between the goals to be achieved and the frequency, location and
duration of the services your child is to be provided. You should be certain that the frequency of the proposed services
is adequate to meet your childs needs and will result in reaching the annual goals. Addressing your childs academic
difficulties in a timely manner is essential if he or she is expected to participate in the grade-level general education
curriculum.
Participation in General Education. The IEP team must describe how much time your child will spend outside of the
regular education classroom and away from students who do not have disabilities. This requirement is designed to protect
your childs right to be educated in the least restrictive environment as required by IDEA.
Your child should have full access to the general education curriculum regardless of where he or she receives special
education and related services. If special education services, such as reading instruction, will be provided in a separate
location such as a resource room, be sure to ask what will be happening in your childs general education classroom during
the time your child will not be present to make sure your child wont be missing valuable classroom instruction.
Accommodations and Assessment Participation. The IEP team will develop a statement about any individual
accommodations that your child should use while taking state and district-wide tests, or assessments, including tests
required by the No Child Left Behind Act (NCLB). This statement will also say whether your child will participate in the
regular assessment or in an alternate form of assessment.
Take time to understand the particular tests or assessments that your child is expected to take, including the content of the
test, how it will be presented, the response format (e.g. multiple choice, essay), and the administration (setting and length).
You should also fully understand the decisions that will be made regarding your child based on the assessment scores,
such as moving on to the next grade (grade promotion) or graduation.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
41
Make sure that decisions regarding accommodations for state and district-wide assessments are made carefully and are
based on your childs individual needs and not on his disability category.
Accommodations for classroom instruction and classroom tests may differ from accommodations allowed on state
assessments. All accommodations and the settings for which they are intended should be included in the IEP.
You may find that an accommodation your child has been using in the classroom and on classroom tests is not allowed
by state guidelines during state testing. Use NCLDs Parent Advocacy Briefs on Assessment Options, Assessment
Accommodations and High Stakes Testing available at www.LD.org/ParentBriefs to learn more about these important
aspects of your childs IEP.
Transition. Beginning when your child is turning age 16, IDEA requires that the first IEP that will be in effect must also
include plans for your childs successful transition from high school to postsecondary education or employment. This
important process includes adding new members to the IEP team and developing appropriate measurable postsecondary
goals. Transition planning required for students 16 and older is discussed in detail in Chapter 8.
Use the IEP Meeting Planner on page 94 and IEP Meeting Conversation Stoppers on page 100 for additional
assistance with planning and negotiating your childs IEP.
If you accept only parts of the proposed IEP, indicate which items you agree to have provided and which items
you wish to dispute. You should also provide a written explanation of your disagreement and ask that it be
included as an addendum, or addition, to the IEP document. A second IEP meeting may be scheduled to try to
work out the items in dispute, or you can use the dispute resolution options discussed in Chapter 11.
If you refuse to accept the proposed IEP entirely, indicate your disagreement on the IEP form. You might be
asked to sign the IEP to indicate your attendance or participation at the IEP meeting, which does not indicate
your agreement. Be sure that your signature clearly indicates only your attendance if you do not consent to the
proposed IEP. At this point, you are free to use the dispute resolution options discussed in Chapter 11.
If you refuse to allow your child to begin to receive the proposed special education services, the school cannot
begin delivery of initial services and is not required to provide a free appropriate public education, as required by
IDEA, to your child.
You should be given a complete copy of the final IEP (at no cost to you).
42
Changing an IEP
fter the initial IEP is finalized or later IEPs are agreed upon (usually annually), IDEA 2004 provides new ways that
A
parents and schools can make changes they agree upon:
Once the annual IEP team meeting has taken place, schools and parents are allowed to amend or change the IEP
without holding another meeting of the full team.
A
t minimum, you should recieve a copy of the IEP changes in writing.
If the changes are made in this manner, all members of the IEP team must be made aware of the changes and their
responsiblity in implementing the changes.
While these new provisions make it more convenient for both parents and schools to make IEP changes, you should be
cautious about using this approach to changing your childs IEP. Minor changes involving such things as accommodations
can be easily revised this way, but significant revisions such as changes in the services, the frequency of those services, and
how behavioral or disciplinary issues are addressed are reasons to have a full IEP team meeting. When making IEP changes
without a team meeting, you should make sure that the school representative making the change(s) is authorized to do so
by the school district. Parents are free to request an IEP meeting at any time, and requests should always be made in writing.
Access to IEPs
Your childs IEP contains highly confidential information and schools are required to limit access to confidential student
educational records, including IEPs. However, IDEA makes it clear that your childs IEP must be accessible to each person
responsible for its implementation this includes all regular education teachers, special education teachers, related service
providers, and other service providers who are involved in the services to be delivered to your child. So, expect that access
to your childs IEP will be restricted, but also make sure that every person involved in your childs educational program is
made aware of the IEP and their role in its implementation.
Any lack of expected progress toward the annual goals as well as progress in the general education curriculum
The results of any reevaluations conducted according to the requirements described in Chapter 5: Evaluation
Information that you provide about your child
Any additional information such as your childs performance on state and district assessments.
As required in the development of initial IEPs, your childs general education teacher must participate in the review and
revision of the IEP.
Signing Annual IEPs. IDEA does not require parents to sign annually updated IEPs informed parental consent is required
only for the school to begin the initial delivery of special education services. However, it is common practice for all IEP team
members to sign, primarily for the purpose of verifying their participation. The school district is obligated to provide the
services in an IEP once initial parental consent is obtained. Parents can withdraw their consent for services at any time, as
stated in the Procedural Safeguards notice (see Chapter 4).
While IDEA requires that your childs IEP be reviewed at least once per year, both you and the school district are free to
request more frequent IEP meetings to address issues and concerns.
43
Moving Within the Same State. If your child is changing school districts
within the same state, the new district must provide the same or comparable
services as those listed in the previous IEP until it either formally accepts
the previous IEP or develops and implements a new one according to the
process described in this chapter.
oving from One State to Another. If your child transfers between
M
states, IDEA 2004 requires that the new district must continue comparable
services until it
C
onducts an evaluation of your child, if necessary. For example,
the new school may request permission to conduct an evaluation
to obtain more current information about your childs level of
performance
D
evelops a new IEP, if appropriate, that is consistent with federal and
state laws. For example, since states may have laws that govern IEPs
in addition to the federal laws, developing a new IEP that meets the
states requirements may be in order.
IDEA
Toolkit
Tools for Chapter 7
Sample Letter
Regarding IEP Team
Member Excusal
(Page 93)
IEP Meeting
Conversation
Stoppers (Page 100)
Transfer of Records. Both the old and new schools are required to take reasonable
steps to ensure that your childs IEP is promptly transferred, as well as any
documentation related to special education, related services and other records. To best
ensure that special education services start promptly at the new school, you should
get a copy of your childs records before moving and provide these records to the new
school when you enroll your child.
44
Parent
Perspectives
Why My Son Attended His Own IEP Meetings
My son Jay was identified with multiple learning disabilities when he was just a toddler. When he was admitted to a
school in New York for special education students, no one knew whether he could ever learn to read. I do not know where
in his soul he found the drive and motivation, but he learned to do what many people said could not be done he learned
to read at age nine.
Jays school was filled with specialists who custom tailored his classes to meet his special needs. But then came the greater
challenge. Could he learn subjects such as history, literature, and foreign languages in a regular classroom?
When Jay arrived in a regular middle school, he had compensation strategies thanks to successful early intervention. But
his new regular classroom teachers did not know about strategies that would be appropriate for him. They were untrained
and unaccustomed to his special needs.
Jays accommodations were written into his IEP, but the school staff and district administrators refused to read them. So,
it was perhaps not surprising that they discouraged Jay from attending his own IEP meetings. Administrators told Jay
that he needed to work harder in class and needed the meeting time for coursework. And they told me that he would be
traumatized by the reports about himself from the IEP team.
As his parent, I felt that Jay needed to attend every IEP meeting. If he was going to understand what was happening in
his education, he had to be part of the process. I couldnt imagine a successful IEP without his buy-in. He had a far better
understanding of what was really going on because he was in the classroom.
At one of his IEP meetings, the staff asserted that Jay had made so much progress that he no longer needed an IEP, and
that he should be found ineligible for special education services. They were basing this partly on a recent 6th grade
standardized test score. There wasnt much logic to their argument.
The staff asserted that Jay got 100% on a recent spelling test. This was important because we had heated controversy
about whether Jays IEP should require un-graded spelling due to his learning disability. The staff argued that Jay should
be graded on his spelling in light of his remarkably high reading comprehension score on the recent standardized test
even though the score was inconsistent with Jays history and with other recent scores.
Then, quite unexpectedly, my son spoke up. He softly explained that the 100% was actually ten words on a quiz that
was a make-up hardly a breakthrough score. This was also inconsistent with his personal educational history. More
importantly, he then explained why his reading comprehension score on the standardized test was so high. Jay said that
he never actually read the paragraphs that were included with the test!
Never read the paragraphs?
Well, the paragraphs were about the terracotta warriors in Xian China. Coincidentally, we had toured these same warriors
in person, five years earlier. The paragraphs were too long to bother with, Jay explained, so when he realized they were
asking about the warriors he had already seen, he just answered the questions based on his prior knowledge. So, Jay
spent his entire time (including his extended time) answering the multiple-choice questions. He reported they were easy
questions: What were the warriors used for? (For defense) Were they alive? (No, they were in a tomb) What was special
about them? (No two are alike). Jay knew most of the answers, guessed the rest, and voila high score!
If Jay had not been at that meeting, the school would have used those two test scores to end his special education
services. By speaking up, my son set the record straight and saved his own eligibility.
- Ilise from New Jersey
45
Parent
Perspectives
Tips for School Meetings
I am the father of two special needs children. My older child has a smorgasbord of attributes that interfere with learning,
including emotional, behavioral and specific learning disabilities. I have specially designed armor I wear when attending
any school meeting for him. I am also an educational advocate for foster children, attending intervention meetings
almost daily.
Over the years, I have learned much about the way schools operate, and how different each schools attitude is regarding
educating atypical learners. They all talk a great game (as required by law), but some are better at practicing what they
preach.
Schools are under-funded, over-crowded, and over-burdened with changing rules, cryptic regulations and mountains of
paperwork. I try to accomplish what I need with honey-coated negotiating skills. However, if I have to turn into PAPA-BEAR
to get what my child needs so be it. I never forget I am an equal-say partner at any meeting and the only one sitting
around the table who tucks my child in at night.
When I first began protesting that one of my sons needs was not being addressed, I was amazed when the educators
turned to me and asked, So, what would you suggest? I quickly learned to have suggested interventions ready and
know what the laws stipulate. I also learned to ask the educators sitting around the table to help think of non-traditional
interventions. I respectfully point out that they are the ones with the training, education and years of experience.
Conversely, I never blindly accept what is told to me without questioning and understanding the implications and
ramifications. If I have to stop a meeting for clarification one or ten times so be it.
Take notes during the meeting. Often people change, revise or deny what they have said earlier. If youve written it down,
you can refer back to what is being said during and after the meeting. Dont count on the official note-taker. If I want to
make a point or if I have an un-addressed need, I state that I want this reflected in the notes. Also, have the notes read
aloud at the end of the meeting. Make sure you agree with what they state has transpired, and get a copy of everything.
Keep it in a file that you bring to any follow-up meetings.
Discover what frustrates your child at school by asking him/her directly, and address these in the school meeting. Ask
specific (not general) questions, such as, Is it hard for you to finish when the teacher asks you to copy information from
the board onto your paper? How do you feel during a test? Are you able to finish with no problem? How noisy is your
class? What is your favorite subject? You may be surprised by some of the answers.
Remember, you are a vital part of the decision-making committee. Dont be intimidated by educators who want to tell
you what will be done or say, We can always make changes later. Its easier to get it done right the first time. Dont let
them rush through an IEP meeting because another one has been scheduled. This is a one-year contract you are signing
and it deserves the time and consideration needed for you to understand and agree with what is in writing.
- Jody from Georgia
46
Transition
Planning your childs future success
Functional skills: As used in this chapter, functional skills are those needed for independent living, such as cooking,
shopping, working with or managing money, using public transportation, and knowing how to be safe at home and in
the community.
Postsecondary education: Formal education or training beyond high school, including college, university, vocational
school and trade school.
Courses of study: Middle and high school course work (or classes) that lead to certain types of diplomas and/or are
required for postsecondary education.
Improves the academic and functional skills of the student in order to facilitate the students movement from
school to post-school activities such as postsecondary education, vocational education, integrated employment
(including supported employment), continuing and adult education, adult services, independent living or
community participation
Is based on the individual students needs, taking into account his or her strengths, preferences and interests
Includes instruction, related services, community experiences, the development of employment and other post-
school adult living objectives and, when appropriate, the acquisition of daily living skills. Transition services often
include a functional vocational evaluation.
Summary of performance: A summary of the students academic achievement and functional performance that
includes recommendations to assist the student in meeting his or her postsecondary goals (details later in this chapter).
Vocational Rehabilitation Agency: A publicly funded state agency that provides direct and indirect services to
youth with disabilities as they transition from school to work, in order to maximize their employability, independence
and integration into the workplace and the community..
Vocational rehabilitation (VR): a set of services offered to individuals with disabilities designed to enable
participants to attain skills, resources, attitudes, and expectations needed to compete in the interview process, get
a job, and keep a job.
Transition
47
In Chapter 7: Individualized Education Program, you learned about partnering with school staff to plan your childs
educational program. This chapter discusses the transition services that are a required part of every students IEP upon
reaching the age of 16.
Transition services must be included in the first IEP that will be in effect when a student turns 16. So, this generally
means that you should begin to include transition services in the IEP that is prepared when your child is
15. However, IDEA 2004 also makes it clear that IEP teams are free to begin planning at an earlier age if the team considers
it appropriate to do so. Many students with learning disabilities need to start their transition planning in middle school
because they may need to take specific classes or courses of study to keep them on a path to achieve their postsecondary
goals. As full and equal partners in the IEP team, you should advocate for transition planning for your child at an early age
and ensure that services in the IEP directly support postsecondary goals. Check to see when your state policies recommend
starting transition planning.
Transition
48
Coming of Age
Another important aspect of transition planning is the requirement to notify your
child one year before he or she reaches the age of majority under state law (18 years
of age in most states). At that time, the IEP must include a statement that your child
has been informed of his or her rights under IDEA (if any) that will transfer from you to
him or her upon reaching that age.
This is an important event in the life of a student. Under state laws, when your child
reaches the age of majority, he or she is presumed to be capable of making his or her
own decisions including educational decisions. That does not mean that you cannot
continue to be involved in your childs education. It just means that, by law, schools
must respect the educational decisions of every adult student, unless that person has
been determined to be incapable of making decisions.
The rights that will transfer from you to your child upon reaching the age of
majority include:
Notification of meetings
Notification and consent for evaluation
Selection of participants who attend IEP meetings
Approval of the contents of the IEP.
For those students who may be found legally incompetent and unable to make
important life decisions, schools should provide parents with the information
necessary to establish their childs legal incompetence and begin guardianship
proceedings with local district courts.
Additional Resource:
Transition
49
Moving On
IDEA 2004 made an important change to the requirement for reevaluations
when terminating special education services. Reevaluations were generally
required in order to determine that special education and related services are no
longer needed. Now, under IDEA 2004, when a student graduates with a regular
diploma or reaches the maximum age for receiving special education services as set
by the state (turning 22 years of age in most cases), the school district is not required
to perform a reevaluation. Instead, the school district must now provide a summary
of the students academic and functional performance. This summary of performance
must include recommendations for helping the student meet his or her goals after
high school.
The summary of performance is a description of your childs academic achievement
and functional performance that includes recommendations to assist him or her
in meeting postsecondary goals. The summary may include the information and
documentation of your childs abilities and disabilities that will be necessary to access
supports and services in post-school activities, such as higher education. It should
provide specific, meaningful and understandable information to your child, your
family, and any agency, including postsecondary schools, that may provide services to
your child after high school.
IDEA
Toolkit
Tools for Chapter 8
Transition
Considerations
Checklist (Page 105)
Summary Of
Performance
Checklist (Page 106)
Your child will want to check with the Disability Services Office at postsecondary
schools and with community services agencies to identify any specific information or
documentation needed to qualify for support services.
While schools are not required to conduct any new tests or evaluations in order
to provide the summary of performance, you and your child should work with the
school so that the information provided will be adequate to satisfy the disability
documentation required to qualify him or her as a person with a disability under
other federal laws such as the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act of 1973.
The IEP team should discuss what needs to be included in your childs summary of
performance prior to termination of special education services. You should bring up
this topic if it has not already been addressed by the IEP team. It is important to ensure
that the information provided in the summary will satisfy any requirements connected
with your childs post-school goals. You and your child should specifically request any
needed information that is not provided.
Use the Summary Of Performance Checklist on page 106 to review the
summary proposed by your childs school. The specific information that must
be included in your childs summary of performance will vary state by state, so be sure
to become familiar with your states requirements by contacting your Parent Training
and Information Center.
Transition
50
Parent
Perspectives
Setting Goals and Planning for the Transition to College
My son, Sal, is a high school senior just outside of New York City. He was first identified at the age of four as a child with a
significant language disorder, and then later, as a student with a learning disability and a stuttering disorder. A large part
of his current success is related to transition planning, which has helped him gain the academic, emotional and social skills
necessary for attaining his goals.
I believe that setting goals for the future should start whenever a child with learning disabilities first communicates his
or her frustrations, disappointments and helplessness in school. For us, that moment occurred when Sal was in the third
grade. As we were outside enjoying the sunshine, he turned to me and said that he hated his brain because it didnt do what
he wanted it to do. That began a very open and honest conversation about learning differences. I reassured him that he
would find, with the help of the school, his family and all those that loved him, different ways to learn and succeed. From
that day forward, we;ve had frequent conversations about his learning differences.
I have involved Sal in all aspects of his education. In the seventh grade, I invited him to attend his first Annual Review and sit
as a member of the Committee on Special Education, designated by New York State. This multidisciplinary team determines
a students abilities and needs and implements an appropriate IEP for eligible students. This first meeting for Sal served as a
confirmation that he did have a learning disability.
Attending subsequent meetings allowed him to see how the system worked, find out who was on his team and learn
how the committee decided on his specific IEP and accommodations. By the time he was in the tenth grade, Sal not only
embraced and owned his learning disability, he demonstrated confidence and self-assuredness in his ability to request
needed support. He understood the process.
Over the years, Sal has benefited from a number of accommodations and program modifications. In ninth grade, his
resource room teacher noticed that he performed better if test questions were read to him and/or rephrased. Double time
ensured even better success. These and other testing accommodations made a tremendous difference in the ensuing
school years.
Preparing for the SATs was a big challenge. Although we enrolled Sal in a well-recognized preparatory course, our request
for testing accommodations was a first for them. They could not accommodate double time, but they did accommodate
time and a half. For six weeks, he took practice SATs with accommodations. When necessary, questions were read out loud
to him.
With the help of his school guidance counselor, Sal applied for testing accommodations for the real SAT according to The
College Board requirements. The College Board allowed him to take the test over two days. He tested by himself and, when
necessary, questions were read to him. He took the SATs twice. Sals efforts to achieve an acceptable score were tremendous.
Passing the English regents exam for graduation was no easy task either. Sal spent additional time working with his English
and resource room teacher to prepare. Then one day, he called me from school, almost in tears. He had received a passing
score of 80!
During our transition planning, Sal learned to own his learning disability, to embrace it, to not be embarrassed of it, to
succeed in spite of it and to feel special. And now, this spring, Sal will be graduating from high school with an advanced
regents diploma. For this distinction, he had to take a more comprehensive course load and pass eight regents exams. In
the fall, Sal will be attending college and playing football on the school team. Here is how he concluded his college essay:
Special education has actually taught me to think out of the box, to go beyond the conventional way of learning, and to
find my strengths. To my peers but more importantly to myself, I have proven that I have the ability to overcome challenges.
Special education should not be a limitation; it is a jumping point to an endless world of lifes lessons. Individuals with
special needs are just different; no better, no worse just different.
Transition
51
Parent
Perspectives
Tools for the High School Student with Learning Disabilities
Our daughter Hillary was in the fifth grade when she was originally diagnosed with a language disability. It wasnt until
she was a freshman in high school that her disability was given a name: Aphasia. Hillarys Aphasia is both expressive and
receptive, meaning that reading, writing, processing information and speaking are all more laborious tasks for her than
for other students. At the time of the diagnosis, doctors told us that college was an unrealistic aspiration for Hillary.
Hillarys strong work ethic got her through two difficult years of junior high school. It was clear from the beginning of high
school, however, that it was going to take more then hard work and determination to keep Hillarys self-esteem and desire
to succeed intact. The increased work load and more complicated subject matter meant hours of studying every night.
The results were barely passing grades and a student who was left feeling defeated and worthless. Although Hillary had
an Individualized Education Program, neither she nor I were savvy enough to take full advantage of what it offered.
We are very fortunate to live in a school district that offers an innovative high school program called LEAD, an acronym
which stands for learning and educating about disabilities. This program, which is unique to Cheyenne Mountain
High School in Colorado Springs, is under the direction of the schools Special Education Department Chair. LEAD is
an accredited class made up of college-bound students with learning disabilities and AD/HD. During class time, LEAD
students learn about disabilities and their legal rights as students with disabilities. They also learn that self-knowledge and
self-advocacy are powerful tools for the student with LD and AD/HD.
The LEAD curriculum includes opening up the students cumulative folders so they can examine and understand their
own test scores and assessments. This information helps them support their requests for the accommodations and
modifications they might be entitled to. Students learn about their legal rights under the Individuals with Disabilities
Education Act and how to actively participate in their own IEP or 504. LEAD students learn not to rely on teachers and
parents to advocate for them. It is a responsibility they take on themselves.
During the course of Hillarys four years as a LEAD student, she developed the habit of writing letters to each of her
teachers at the beginning of the semester. These letters explained her disability, what accommodations she needed and
why. Accompanying the letter were articles on Aphasia she had found on the Internet. Hillary educated teachers about her
disability and they not only accepted her need for accommodations, but encouraged her to use them.
LEAD provided a niche for Hillary, a place where she could be accepted and understood. In addition, it taught her to focus
on her strengths. One of LEADs most important lessons is that a learning disability has nothing to do with intelligence.
As Hillarys confidence and self-esteem grew, she became more successful at dealing with academic challenges and
graduated from high school with an enviable grade point average.
Since its inception, 95% of the high schools LEAD students have gone on to college. Hillary is now one of those students. In
spite of dire predictions from well-meaning professionals, Hillary is currently a freshman at a four-year college. Each day is
a challenge, but the lessons of LEAD have served her well. She confidently explains to each of her college professors about
her disability and how if affects her. She does not hesitate to use the accommodations that she knows she is entitled to.
Hillary finished her first semester of college with grades that anyone would be proud of.
Although LEAD is unique to Cheyenne Mountain High School, it is my hope that some day all schools will offer a similar
program that will teach students with learning disabilities the crucial skill of self-advocacy and the importance of selfknowledge. It takes commitment from administrators, parents and teachers, but all students with learning disabilities and
AD/HD should be given the necessary tools for success, both in college and in life.
- Salle from Colorado
To learn more about the LEAD program, visit www.leadcolorado.org.
Transition
52
1. S tudents with disabilities placed in private school by their parents prior to being found IDEA eligible (called
Parentally-placed private school children with disabilities in IDEA)
2. S tudents with disabilities placed in private school by their parents after being found IDEA eligible (called
Unilateral private placement in IDEA).
3. Students with disabilities placed in private school by the public school district
1. Students with disabilities placed in private school by their parents prior to being found IDEA eligible
(Parentally-placed private school children with disabilities)
This term refers to students whose parents have enrolled them in a private school, including private religious schools.
Students in this category have not been previously found eligible for special education services.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
53
When either the students parent or the private school requests an evaluation, the school district where the private
school is located is responsible for conducting the evaluation (as discussed in Chapter 5) and for determining if the
student is eligible for special education services (as discussed in Chapter 6). The school district where the private school is
located is also responsible for conducting reevaluations of eligible students.
For those students found eligible, the public school district where the private school is located may provide special education
and related services. However, unlike students enrolled in public schools and public charter schools, eligible students in
private schools are not entitled to a free appropriate public education. In other words, students enrolled in private schools by
their parents do not have the same right to special education and related services as students enrolled in public schools.
Students in private schools who are found eligible for services under IDEA also have the option
of enrolling in a public elementary or secondary school in order to receive full access to special
education and related services. In such cases, the school district where the student resides is
responsible for developing an initial Individualized Education Program (IEP) through the
process described in Chapter 7. If the parents have made it clear that they do not intend to
enroll their child in the public school, the school district is not required to develop an IEP.
For every eligible student in private school who has been designated by the school district to receive special education
services, the school district is required to formulate a services plan describing the specific special education or related
services being offered. The school district must develop the services plan with a representative of the private school. However,
the school district is responsible for determining the number of private school students who will be served each year based
on funding requirements of IDEA and for making the final decisions about all aspects of the services being offered.
The amount of funds the school district must spend on providing services to private school students is controlled by a
funding formula specified in IDEA. IDEA outlines a process for determining the amount of funds the district must spend on
special education or related services for eligible students in private schools.
Special education and related services may be provided to private school students on the premises of private schools,
including religious schools, or at a public school. Services can be provided by school district personnel or through
contracts by the school district with other individuals or agencies.
Public school districts are now required to actively engage in consultations with private schools and parents of
private school students regarding several topics, including:
Child find (activities related to identifying children who may need special education)
F unding (how the district will determine the amount of its funds that it will spend on services for students in
private schools, how the services will be portioned out to eligible students and, if there are insufficient funds to
serve all eligible students, how and when these decisions will be made)
Provision of services (how, where and by whom special education and related services will be provided).
In addition to these new consultative activities required under IDEA 2004, private school officials now have the right to file
a complaint with state education officials if they feel that the local school district did not engage in these consultations in a
meaningful and timely way.
2. Students with disabilities placed in private school by their parents after being found IDEA eligible (Unilateral
private placement)
Sometimes the parents of a child who is receiving special education at a public school decide to withdraw their child from
the public school and enroll him or her in a private school. In such cases, the student is eligible for the provision of special
education services at the private school as described in the first category above.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
54
However, if the parents have moved their child for the purpose of obtaining what they consider to be more appropriate
special education services and plan to request the public school to pay for the private school tuition, IDEA provides a rigid
set of requirements that parents must follow.
If parents choose to place their child in a private school without the school districts agreement, any opportunity to be
reimbursed by the school district for the cost of the private school will be severely limited unless the parents provide
written notice to the school before removing their child from the public school. Parents who might consider seeking
reimbursement for private school tuition should seek additional information from a special education expert to be
certain they provide adequate notice to the public school. Contact your states Parent Training and Information Center for
additional information.
3. Students with disabilities placed in private school by the public school district
From time to time, school districts, along with parents, may determine that a students need for special education
programs and services can only be met by placing the student in a private school. This decision is part of the IEP process
and is arrived at after the IEP team has identified the students present levels of educational performance and developed
annual goals, as described in Chapter 7: IEPs.
Private school programs that the school district and parents may determine to be necessary can either be day programs or
residential programs. The school district pays all costs involved with such a placement, including tuition and transportation.
Students placed in private schools by the school district have the same rights, including the right to a free appropriate
public education, as their counterparts attending public schools.
55
Parent
Perspectives
A Success Story
They do happen! Be brave! Stay the course! Many of us as parents are fearful when our son or daughter is diagnosed with
a learning disability. Will they succeed in school? At work? Will they make friends? What does it take? My son, Scott, is
currently 14 years old and in the 8th grade at a school for children with language learning differences. He was identified
at an early age as being severely dyslexic, dysgraphic, and having significant visual perceptual difficulties. Intensive
intervention was recommended but no one knew how or where to get the appropriate help.
Getting the right kind of help, at the right time, and with the right people, is essential to seeing progress. Scotts current
school and tutoring is entirely Orton-Gillingham based. He is completing his fourth year of this specialized education. This
school is an answered prayer a miracle for him. Not a day goes by that his parents dont breathe a sigh of relief, and feel
grateful. But that was after many blind alleys.
When Scott started fifth grade, he was falling behind miserably. He was performing at least two years behind his peers. He
went to school every day with a headache and a stomachache. Often there were tears, and he even went to a doctor to see
if he was clinically depressed. Since pre-school Scott had received special help in classes, but it wasnt the right kind of help.
He was labeled by the public school system as mildly mentally handicapped, and was placed in a cross-categorical
classroom for most of the day. Joining his regular class sporadically was difficult. Friendships were difficult, as he felt
different than the other kids. Scott experienced so much stress during the day that he was exhausted after school and
withdrew from social situations. Outside activities just took too much energy. In the fourth and fifth grade, I would re-teach
him concepts covered during the day, and then homework would last up to three painful hours with much frustration for
both parent and child.
After just a few months at his new school, Scotts personality began to emerge. He looked forward to school, and his energy
level after school sky-rocketed. He now lifts weights. Hes part of a swim team. He has friends both at school and through his
after school activities. His homework is actually done without any assistance from me. He is self-assured and comfortable
with himself. Reading is still hard work, but he can read anything he might need to in the future. His written expression is
coming along nicely, and his confidence continues to grow.
He is optimistic and hopeful about the future, and not ashamed to be dyslexic. Its simply one aspect of who he is. He hopes
to be a psychologist with prison inmates, or the next Dr. Phil, as he identifies with people who have obstacles to overcome
and desires to lessen their struggle. Due to his difficulties, and then being given the tools to unlock his potential, Scott has
developed patience and compassion towards others and himself. He is now eager and ready to try his wings in a regular
school setting.
Scott is a testimony to the change that can happen when children with learning disabilities receive the right kind of help,
in a timely fashion. Be committed to finding the right resources and people who see the potential in your child and stay
hopeful!
- Julie from Indiana
56
10
Student Discipline
Addressing serious behavior
issues and concerns
Student Discipline
57
When school personnel decide to descipline a student by removing the student from the current educational placement,
the school must notify the parents on the same day the decision is made and provide the parents with a written copy of
the notice of Procedural Safeguards.
Code of Conduct:
Schools have a responsibility to make sure that all students, including those receiving special education, are
familiar with the schools code of conduct. Parents should be sure to understand the code of conduct and
help their child understand the expectations and consequences involved with violating the code. The IEP
team should determine any specialized help and instruction the child may need to understand the code and
consistently demonstrate the appropriate classroom and school behaviors.
In making a determination to discipline a student with a disability, school personnel may now consider any unique
circumstances on a case-by-case basis. This provision provides new flexibility for school personnel who are
often operating within a districts zero-tolerance policy. A zero-tolerance policy usually requires school personnel to
automatically suspend any student who violates the code of conduct.
The IEP team will meet to determine the exact educational services needed while the student is assigned to the
disciplinary setting. In addition, if the behavior is found to be related to the students disability, the IEP team must plan
for a functional behavioral assessment and the development of a behavior intervention plan based on the results of the
assessment. If the student already had a behavior intervention plan in place, the IEP team must review if the plan was
being followed and revise it as needed to address the problem behavior that led to this disciplinary action. For students
whose behavior is not determined to be directly associated with their disability, the IEP team should consider the need for
a functional behavioral assessment and behavior intervention plan.
Additional Resource:
See the publication, IEP Teams Introduction To Functional Behavioral Assessment And Behavior Intervention
Plans, available at http://cecp.air.org/fba/default.asp.
Student Discipline
58
If the team finds that the students behavior was related to the disability or an improperly implemented IEP, the student
is returned to the original education setting unless the parents agree to a new placement, which is a new educational
setting, as part of the behavior intervention plan.
If, on the other hand, the team finds that the students behavior was not directly related to the disability, the same
disciplinary actions can be imposed on the student with a disability as those imposed on a non-disabled student. Such
action could include expulsion. However, if the student is expelled from school, the student must continue to receive
educational services that allow him or her to continue to participate in the general education curriculum and progress
toward meeting the goals set out in the IEP.
Special Offenses
Certain serious behavior problems can lead to a student being moved to an interim alternative educational setting for up
to 45 school days even if the conduct is determined to be related to the students disability. Removing a student for these
offenses does not require parent permission or agreement, nor does it require any involvement by a hearing officer or
other impartial third party. These offenses are:
Weapons: If a student carries or possesses a weapon:
To or at school
On school premises
At a school function.
D
rugs: If the student knowingly possesses or uses illegal drugs or sells or solicits the sale of illegal drugs while at
school or at a school function
Serious bodily injury: If a student has inflicted serious bodily injury upon another person while at school,
on school premises or at a school function.
Note: Parents should obtain the legal definitions of these offenses from their school district or Parent Training and
Information Center.
An additional provision allows a school to seek to remove a student for up to 45 school days if the school believes that
returning the student to the same educational placement is substancially likely to result in injury to the student or other
students. The school must do this by making a request to a hearing officer.
Student Discipline
59
Appeals
Parents have the right to challenge any decisions made regarding the interim alternative educational setting or the
determination regarding the manifestation determination by asking for a due process hearing. Schools can also request a
hearing if school personnel feel that returning a student to the original educational setting is highly likely to result in injury
to the student or to others.
In either case, the hearing must be held within 20 school days of the date requested and the hearing officer must make the
decision within 10 school days after the hearing.
During the appeal process, the student remains in the interim alternative educational setting, unless the parent and
the school agree otherwise.
T he childs parent had expressed concern in writing to school personnel, including the teacher, that their child
may be in need of special education prior to the behavior that resulted in the disciplinary action
T he childs teacher or other school personnel had expressed concerns about a pattern of behavior that might
call for a referral for evaluation. Such concerns would need to have been made directly to supervisory personnel.
For example, a teacher expressing his or her concerns to a parent would not be considered an adequate basis of
knowledge
If the childs parent had not allowed an evaluation of the child or had refused special education services that had
been offered as required by IDEA
If the child had been evaluated as required by IDEA and was not found eligible for special education.
If a request is made to evaluate a student during the time period of the disciplinary action, the school must complete the
evaluation as quickly as possible. During the evaluation, the student remains in the interim alternative educational setting
while the evaluation is conducted.
Final Word
The provisions regarding student discipline are complex and sometimes confusing. If your child becomes the focus
of a disciplinary action, seek information and guidance from expert resources such as your states Parent Training and
Information Center.
Student Discipline
60
11
esolution Session: A mandatory meeting that the school district must convene within 15 days of
R
receiving the parents due process complaint. The resolution session includes parents, members of the
IEP team relevant to the complaint, and a representative of the school district who has decision-making
authority.
State Complaint: A written complaint that can be filed by any organization or individual claiming that a
school district within the state has either violated a requirement of Part B of IDEA (the part that contains all
requirements regarding the delivery of special education services) or the states special education law or
regulations. State complaints must be filed within one year of the alleged violation.
61
In Chapter 4 you learned about the Procedural Safeguards that protect parents and students rights throughout the
special education process, including parents rights to mediation and to present and resolve a complaint through the due
process complaint or state complaint process. In this chapter you will learn about the various options for resolving disputes
presented through these complaint procedures.
IDEA 2004 expands the dispute resolution options available to parents and school districts to resolve disagreements.
It promotes the use of mediation as an early dispute resolution option by allowing mediation prior to filing a due
process complaint. It also adds an additional option, called a resolution session, to the array of options that were available
in previous versions of IDEA. The options available to parents and school districts under IDEA are arranged from less formal
to more formal:
Less formal
More formal
Mediation > Due Process Complaint > Resolution Session > Due Process Hearing > Civil Suit
Mediation
Mediation is a process of facilitated negotiation between parents and the school. It is a confidential process that allows
parties to resolve disputes without a formal due process hearing.
The mediator is a trained, impartial facilitator who helps school staff and parents resolve their disagreement in an informal
setting. The mediator facilitates discussion, encourages participants to identify and clarify areas of agreement and
disagreement, and helps them generate and evaluate options for a mutually agreeable solution.
The goal in mediation, with the assistance of the mediator, is for the school staff and parents to integrate these options into
a workable solution that is written into a legally binding agreement. The agreement is then used to execute the agreed
upon services for the student.
When successful, mediation can help avoid a due process hearing or other more adversarial procedures.
Your state department of education should have information on mediation, including how to make a request for
mediation. Contact your Parent Training and Information Center or state education department for more information.
62
Your state is required to have a policy on whether the due process hearing is conducted by the state education
department or by the local school district.
IDEA 2004 imposes a time limit for requesting a due process hearing. Now, the hearing must be requested within two
years of the date the parent or school district knew or should have known about the alleged action that forms the
basis of the request for the hearing. (Note: Your state may have its own timeline for filing such complaints. If so, the state
time limitation for filing a due process complaint applies.)
There are two conditions in which IDEAs new two-year time limit does not apply:
If the school district specifically misrepresented that it had resolved the problem when it had not
If the school district did not provide you with information that IDEA requires it provide to you.
Filing a Due Process Complaint. To request a due process hearing, you must provide the school district or its attorney
and your states department of education with a written notice that includes:
T he name of the student, the home address of the student (or available contact information in the case of a
homeless student) and the name of the school the student is attending
A
full description of the nature of the problem, including any action the school district proposed or took prior to
the notice and the facts about that action
Your description of the nature of the problem must include every issue that you would like to have addressed at the
hearing. Unless the school district agrees, you will not be allowed to bring up any additional issues that have not been
included in your complaint. However, you may file a separate request for a due process hearing on a different issue.
Examples of issues that may form the basis of a due process complaint include disagreement between the parents and
school regarding:
The method used to deliver the intervention to provide the students special education services
The educational setting where special education services will be provided to the student.
Each state department of education must have a model form to assist parents in filing a due process complaint that fulfills
the requirements of IDEA. Contact your Parent Training and Information Center or state education department for more
information.
What Happens Next. When the state department of education receives the due process complaint (or hearing request),
it must immediately assign a hearing officer to the complaint.
Within five days of receiving your hearing request, the hearing officer will determine if your request meets IDEAs
requirements for a due process hearing and will notify you in writing.
At the same time, if the school district believes that your hearing request does not meet IDEAs requirements for a due
process hearing, they must notify you and the hearing officer in writing within 15 days of receiving the complaint. Likewise,
if the school district initiated the due process complaint, you must notify them within 15 days if you feel the complaint
does not meet IDEAs requirements.
You should also receive a response from the school district within 10 days of the time they received your hearing request, if
you have not already received Prior Written Notice from the school district. The response should include:
n explanation of why the school district proposed or refused to take the action raised in the request for a due
A
process hearing
63
A
description of other options that the Individualized Education Program (IEP) team considered and the reasons
why those options were rejected
A
description of each evaluation procedure, assessment, record or report the school district used as the basis for
the proposed or refused action
A description of the factors relevant to the schools proposal or refusal.
On the other hand, if the school district filed the request for a due process hearing, you must respond to them in writing
within 10 days, and your response must specifically address the issues raised.
The party (parent or school district) that requested the due process hearing may change its request only if one of the
following occurs:
The other party provides written consent and is given the opportunity to resolve the complaint through a meeting
The hearing officer grants permission. This permission can only be granted up until five days before a due
process hearing occurs.
Resolution Session
Within 15 days of the time the parent files a due process complaint, IDEA 2004 requires the school district to hold
a meeting between the parents and the relevant members of the IEP team so that the complaint can be discussed.
This meeting is called a resolution session. The resolution session must include the parents, relevant members of the IEP
team and a representative of the school district who is authorized to make decisions for the district.
Specifics of the resolution session include:
Unless the parents bring an attorney to the meeting, the school district is not allowed to bring one
While not required, parents may bring an attorney whether or not the school district brings one, but parents
attorney fees for this meeting cannot be reimbursed by the school district
If an agreement is reached during the resolution session, it is legally binding and must be signed by both parties
Either party has three business days to consider the agreement and void it if they wish
If both the parents and the school district agree in writing to waive the resolution session, or to use mediation to
resolve their disagreement, the resolution session does not have to be held and the timeline for the due process
hearing begins
E ven if the resolution session is held, if the complaint is not resolved to the parents satisfaction within 30 days,
the due process hearing may occur.
If the parent fails to participate in the meeting the school district may request that the complaint be dismissed
by a hearing officer
If the school district fails to participate in the meeting, the parent may seek the intervention of a hearing officer
in order to begin the hearing.
64
or school district. The hearing officer may also award attorneys fees to the state or school district if either a parent or the
parents attorney requested a due process hearing for an improper purpose such as to harass, cause unnecessary delay, or
needlessly increase the costs of litigation. In such cases, the parents attorney would be required to pay the award to the
state or district.
Settlement Agreements:
Agreements reached as the result of mediation, a resolution session or a due process hearing decision should
provide details of all actions and activities to be undertaken by the parties, including any changes to be
incorporated into the students IEP as a result of the settlement. A sample settlement agreement is available at
http://www.directionservice.org/cadre/agree3.cfm
Appealing a Due Process Hearing Decision to the State. Some states have a state appeal procedure that allows
parents to file an appeal of a due process hearing decision with the state department of education. Information on this
appeal procedure is available through your state department of education or Parent Training and Information Center.
Civil Lawsuit
If parents are not satisfied with the results of a due process hearing, they may file a civil suit against the state or school
district within 90 days of the date of the decision of the hearing officer (or state level review decision) or within the time
limit established by state law.
Filing a civil lawsuit is the most extreme option available to parents. It requires that parents employ an attorney and go
through extensive legal proceedings. However, in some cases it is the only option that will resolve the dispute and ensure
that the student receives appropriate supports and services to ensure a free appropriate public education as required by
IDEA.
Either the parent or school district may file a civil lawsuit. The lawsuit may be filed in federal, district and appellate courts,
including the United States Supreme Court.
State Complaints
In addition to the dispute options already discussed, IDEA requires every state to have a complaint procedure that
allows any organization or individual to file a complaint alleging that a school district (or districts) has violated any of the
provisions of Part B of IDEA or the states special education law or regulation.
So, state complaints can be filed for a broader range of issues than those allowed for due process complaints. Also, state
complaints can also be filed on behalf of a group of students allowing for complaints to challenge policies or practices
that affect a group of students with disabilities.
School district actions that are violations of IDEA and, therefore, could be the basis for a state complaint include:
State complaints must be filed within one year of the alleged violation and every state must have procedures for filing
complaints that conform to the requirement in IDEA. Information on these procedures should be available from your states
department of education or Parent Training and Information Center.
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
65
Provide for an independent, on-site investigation within 60 days after the complaint is filed
G
ive the party that filed the complaint an opportunity to submit additional information (either orally or in
writing)
Provide the local school district the opportunity to respond to the complaint
P
rovide the local school district the opportunity to engage the complaining party in mediation or some other
means of dispute resolution
P
rovide for review of all relevant information and issue a written decision that addresses each allegation in the
complaint including the reasons for the final decision of the state
Include procedures for effective implementation of the states final corrective actions ordered to be undertaken
by the school district or districts.
The time in which a complaint must be resolved can be extended through an agreement between the parent (or
individual or organization) if all parties agree to use medication or other dispute resolution options.
Final Word
You should use some caution when giving the school written feedback in an attempt to communicate frustration
about services for your child. If you have concerns, you should raise them. Just be aware that when you submit a
written complaint about your childs services, this may be construed as a formal complaint or due process request.
Filing complaints, whether due process complaints or state complaints as allowed by IDEA, is serious business. Before
proceeding, you should be well informed and understand federal and state policies about such actions. Be sure to get all
available information regarding all complaint options prior to filing a complaint.
66
Terms to Know
Accommodations: Tools and procedures that provide equal access to instruction and assessment for students with
disabilities. Designed to level the playing field for students with disabilities, accommodations are generally grouped into
the following categories:
Presentation (e.g., repeat directions, read aloud, use of larger bubbles on answer sheets, etc.)
Response (e.g., mark answers in book, use reference aids, point, use of computer, etc.)
Timing/Scheduling (e.g., extended time, frequent breaks, etc.)
Setting (e.g., study carrel, special lighting, separate room, etc.).
Americans with Disabilities Act: Federal law that protects persons with disabilities from discrimination in the operations
of public businesses and governments. For more information see the Overview of the Americans with Disabilities Act on
page 71.
Behavior Intervention Plan (BIP): A plan to address problem behavior that includes, as appropriate, positive behavioral
interventions, strategies, and supports; program modifications; and supplementary aids and services that may be required
to address the problem behavior.
Child with a disability: A child who has a disability as defined in one of the 13 disability categories in IDEA and who
needs special education and related services because of the disability; or a child aged 3 through 9 who is experiencing
developmental delay.
Child find: Ongoing activities undertaken by states and local school districts to locate, identify, and evaluate all children
residing in the state who are suspected of having disabilities so that a free appropriate public education (FAPE) can be
made available to all eligible children, including all children in public and private schools, including religious schools.
Courses of study: Middle and high school course work (or classes) that lead to a certain type of diploma and/or are
required for post-secondary education.
Curriculum based measurement (CBM): Tools for measuring student competency and progress in the basic skill areas of
reading fluency, spelling, mathematics and written language.
Developmental Delay: A disability category states may use for certain students aged three through nine as a way
to provide early services for students suspected of having a disability. If used, the definition of developmental delay is
determined by the state and may include a child whose development, as measured by appropriate diagnostic tests and
procedures, lags behind peers in one or more of the following areas: physical development, cognitive development,
communication development, social or emotional development, or adaptive development, and who, because of such
delays, needs special education and related services.
Disability categories: IDEA disability categories include autism, deaf-blindness, deafness, emotional disturbance, hearing
impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment (e.g., asthma,
attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia and Tourette syndrome), specific learning disability, (e.g.,
Perceptual Disabilities, Brain Injury, Minimal Brain Dysfunction, Dyslexia, Developmental Aphasia), speech or language
impairment,
traumatic brain injury, visual impairment (including blindness), and developmental delay.
Early intervention services: Services to infants and toddlers provided under Part C of IDEA. Part C established the
Program for Infants and Toddlers with Disabilities, a federal grant program that assists states in operating a comprehensive
statewide program of early intervention services for infants and toddlers with disabilities, aged birth through age 2 years,
Terms to Know
67
and their families. Early intervention services include multidisciplinary evaluation of needs of children and family-directed
identification of the needs of each family as set out in an Individualized Family Service Plan (IFSP).
Due Process Complaint: A written complaint filed by a parent or a school district involving any matter relating to the
identification, evaluation, educational placement or provision of a free, appropriate, public education to a student with a
disability. Due process complaints must be filed within two years of the matter in dispute.
Due Process Hearing: A formal, quasi-legal procedure before an impartial hearing officer or administrative law judge (or
panel of judges) who is not an employee of the state educational agency or school district. Both the parents and the school
district present arguments and evidence .
Eligibility: The determination that a student is a child with a disability.
Free Appropriate Public Education (FAPE): Special education and related services that are provided at public expense,
under public supervision and direction, and without charge to the parent, and that meet the standards of the state
education department. Special education and related services must be provided in conformity with an Individualized
Education Program (IEP) as required by IDEA.
Functional Behavioral Assessment (FBA): A problem-solving process for addressing student problem behavior. FBA
relies on a variety of techniques and strategies to identify the reasons for a specific behavior and to help IEP teams select
interventions that directly address the problem behavior.
Functional skills : Skills needed for independent living, such as cooking, comparison shopping, working with or
managing money, using public transportation, and knowing how to be safe in the community.
General education curriculum: The body of knowledge and range of skills that all students in the state are expected to
master.
Interim Alternative Educational Setting (IAES ): A setting other than the students current placement that enables
the student to continue to receive educational services according to his or her IEP. The IAES must enable the student to
continue to participate in the general education curriculum, although in another setting, and progress toward meeting
the goals set out in the IEP. Students in an IAES should also receive, as appropriate, a functional behavioral assessment,
behavioral intervention services and modifications that are designed to address the behavior violation so that it does not
happen again. The particular IAES is determined by the students IEP team.
Individualized education program (IEP): A written statement for each child with a disability that is developed,
reviewed, and revised according to the requirements of IDEA.
Informed consent: Procedure to ensure that the parent:
as been fully informed of all information related to the proposed activity (in his native language, or other mode of
H
communication)
Understands and agrees in writing to carrying out the activity for which his consent is sought
Understands that giving consent is voluntary and may be revoked at any time
Understands that revoking consent will not apply to an activity that has already occurred
Informed consent is required for an evaluation, a reevaluation and for the initial delivery of special education services.
Intervention: A change in instructing the student in the area of learning difficulty to try to improve learning and achieve
adequate progress.
Least Restrictive Environment: To the maximum extent appropriate, children with disabilities are to be educated with
children who are not disabled. Special classes, separate schooling, or other ways of removing children with disabilities from
IDEA Parent Guide National Center for Learning Disabilities www.LD.org
Terms to Know
68
the regular educational environment should only occur when the nature or severity of the disability is such that education
in regular classes cannot be achieved satisfactorily with the use of supplementary aids and services.
Mediation: A confidential, voluntary process that allows parties to resolve disputes without a formal due process hearing.
An impartial mediator helps the parties to express their views and positions and to understand the others views and
positions. The mediators role is to facilitate discussion and help parties reach an agreement not to recommend solutions
or take positions or sides.
No Child Left Behind: The current version of the Elementary and Secondary Education Act (ESEA)the principal federal
law affecting public education from kindergarten through high school in the United States. For more information see the
Overview of No Child Left Behind on page 72.
Parent: A natural, adoptive or foster parent; an individual acting in the place of a natural or adoptive parent; an individual
who is legally responsible for the child; a guardian; or a surrogate parent.
Postsecondary education: Formal education or training beyond high school, including college, university, vocational
school and trade school.
Pre-referral interventions: Interventions delivered in the students regular classroom that attempt to improve learning
prior to a referral for formal special education evaluation.
Prior Written Notice: A written notice that the school must provide to the parents of a student with a disability within a
reasonable time if they wish to:
Evaluate the student
Determine whether the student is eligible for special education services
Change the students evaluation or educational placement or educational plan (IEP)
Refuse the parents request to evaluate their child or change their childs educational plan (IEP) or placement.
Progress monitoring: A scientifically based practice used to assess students academic performance and evaluate the
effectiveness of instruction. Progress monitoring can be implemented with individual students or an entire class.
Related services: Supportive services that are required to assist a child with a disability to benefit from special education.
Related services include transportation, developmental and corrective services, speech-language pathology and audiology
services, interpreting services, psychological services, physical and occupational therapy, recreation (including therapeutic
recreation), counseling services (including rehabilitation counseling), orientation and mobility services, and medical
services for diagnostic or evaluation purposes. Related services also include school health services, school nurse services
designed to enable a child with a disability to receive a free appropriate public education as described in the childs IEP,
social work services in schools, and parent counseling and training.
Response-to-Intervention (RTI): A comprehensive, multi-step process that closely monitors how the student is
responding to different types of services and instruction.
Resolution Session : A mandatory meeting that the school district must convene within 15 days of receiving the parents
due process complaint. The resolution session includes parents, members of the IEP team relevant to the complaint, and a
representative of the school district who has decision-making authority.
Section 504 of the Rehabilitation Act: A federal law that requires a school district to provide a free appropriate public
education (FAPE) to each child with a disability in the districts jurisdiction. For more information see the Overview of
Section 504 on page 74.
Terms to Know
69
School district: The term school district and school are used to refer to the entity that has legal authority, control and
responsibility for public education in a city, county, town (or combination of these), or other subdivision of a state.
Scientific, research-based instruction: Curriculum and educational interventions that are research based and have
been proven to be effective for most students.
Special Education: Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a
disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;
and instruction in physical education.
Specially designed instruction: Ways that special education professionals adapt the content, methodology (approaches
to teaching certain grade level content), or the delivery of instruction to address the unique needs that result from
the childs disability. Specially designed instruction should also ensure that the eligible child has access to the general
curriculum so that he or she can meet the educational standards of the school district that apply to all children.
Specific Learning Disability: A disorder in one or more of the basic psychological processes involved in understanding
or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or do mathematical calculations. The term includes such conditions as perceptual disabilities, brain
injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include a learning problem
that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage .
State Complaint: A written complaint that can be filed by any organization or individual claiming that a school district
within the state has either violated a requirement of Part B of IDEA (the part that contains all requirements regarding the
delivery of special education services) or the states special education law or regulations. State complaints must be filed
within one year of the alleged violation.
Summary of performance: A summary of the students academic achievement and functional performance that
includes recommendations to assist the student in meeting his or her postsecondary goals.
Supplemental Aids and Services: Aids, services, and other supports that are provided in regular education classes
or other education-related settings to enable children with disabilities to be educated with nondisabled children to the
maximum extent appropriate. Examples of supplemental aids and services might be assistive technologies such as a
computer or adapted physical education.
Transition services: A coordinated set of activities that:
Improves the academic and functional skills of the student in order to facilitate the students movement from
school to post-school activities such as post-secondary education, vocational education, integrated employment
(including supported employment), continuing and adult education, adult services, independent living or community
participation;
Is based on the individual students needs, taking into account his or her strengths, preferences, and interests; and
Includes instruction, related services, community experiences, the development of employment and other post-school
adult living objectives and, when appropriate, the acquisition of daily living skills and functional vocational evaluation.
Universal screening: A step taken by school personnel early in the school year to determine which students are at
risk for not meeting grade level standards. Universal screening can be accomplished by reviewing a students recent
performance on state or district tests or by administering an academic screening to all students in a given grade. Students
whose scores on the screening fall below a certain cut-off point are identified as needing continued progress monitoring
and possibly more intensive interventions.
Vocational Rehabilitation Agency: A publicly funded state agency that provides direct and indirect services to youth
with disabilities as they transition from school to work, in order to maximize their employability, independence and
integration into the workplace and the community.
Terms to Know
70
Who is eligible?
There is no specific mention of learning disabilities in ADA. However, the law defines a person as disabled if he or she:
has a physical or mental impairment which substantially limits one or more major life activities,
has a record of such an impairment, or
is regarded as having such an impairment.
Under the law, learning is considered a major life activity. This applies to learning disabilities that affect work activities, too.
If a student is eligible for services under Individuals with Disabilities Education Act of 1997 (IDEA), he or she qualifies for
protection under ADA.
ADA mandates that reasonable accommodations must be provided to eligible students to perform essential functions of
the job. In other words, a school is required to provide a student with disabilities with those accommodations that help
him or her learn most effectively. The requirements this law sets for schools is similar to the expectations set in Section 504
of the Rehabilitation Act of 1973.
Unlike Section 504 and IDEA, ADA does not make schools responsible for the free and appropriate education of all children.
However, the protections that are guaranteed by ADA apply to public and private schools equally. These protections do not
extend to organizations controlled by religious groups.
ADA prohibits discrimination against qualified individuals with disabilities in all employment practices, including job
application procedures, hiring, firing, advancement, compensation and training. A qualified individual with disabilities is an
employee or job applicant who meets all legitimate skill, experience, education and other requirements of a position and
can perform the essential functions of the position with or without reasonable accommodation.
An employer may not ask about a learning disability, with one exception. If an employer has affirmative action
requirements as part of a federal contract, a job applicant may be asked to self-identify. However, the employer must keep
all information regarding disabilities in a separate, confidential file apart from regular personnel files.
If an employee requires accommodations in order to perform a job, he or she must disclose information about the disability
and the need for specific accommodations to the employer. Even after disclosure, an employer is not required to make an
accommodation that would prove an undue hardship.
The safeguards regarding discrimination against individuals with disabilities are under the same procedures applicable to
race, color, sex, national origin and religious discrimination under the Civil Rights Acts of 1964 and 1991. Complaints against
employers who violate the ADA should be filed with Equal Employment Opportunity Commission or the designated state
human rights agencies.
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How does NCLB work with the Individuals with Disabilities Education Act (IDEA)?
IDEA specifically provides services to students with disabilities. Each student served under IDEA has an Individualized
Education Program (IEP) that defines the special education and related services needed by the student. NCLB holds schools
accountable for the educational outcomes of those children, as well as all others. In the past, students with disabilities were
frequently left out of state and district level assessment and accountability systems; and in many cases did not have access
to the general curriculum on which these assessments are based. Because this type of access and assessment did not
happen, there was no external measure to indicate whether special education students were learning enough to move on
to a post-secondary education or to get a job.
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The IEP that is designed for each individual IDEA-eligible student must address how that student will participate in state
assessments. Students with disabilities may participate in state assessments in the same way as other students, or with
accommodations or by participating in alternate assessments. The IEP team should not be deciding whether a student
will participate is state assessments, but how, so as to hold the educational system responsible for the students learning. If
the IEP team determines that an accommodation or modification needed by a child will invalidate a tests results for state
accountability (such as, perhaps, having questions read aloud to the student), the team should decide how that student
can appropriately be assessed through alternate methods.
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74
75
P
honemic AwarenessPhonemic awareness is knowing that words are made of individual sounds and being
aware of and able to manipulate these sounds, which are called phonemes. Phonemes are the smallest parts of
sound in a spoken word, such as the /s/ in /sit/. Your child should be able to perceive individual sounds, think about
them, and manipulate them. For example, your child should be able to perform the following activities:
Teaching sounds along with the letters of the alphabet is importantit can help your child to see how sounds are related
to reading and writing. If your child does not know letter names and shapes, teach them along with phonemic awareness.
Understanding phonemes is essential to phonics instruction, described next. Make sure that your childs reading program
explicitly teaches phonemic awareness, and if your child does not understand phonemes, ask the teacher for extra help in
this area.
honicsPhonics is the relationship between sounds and letters. Children must understand that letters are
P
representations of sounds before they can learn to read. Phonics instruction teaches children letter-sound
correspondences and the alphabetic principlethat there are systematic and predictable relationships between
written letters and spoken sounds.
Phonics instruction is most effective when it begins earlyin kindergarten or first gradeand lasts for about two years. For
older students (grades 2-6), ongoing phonics instruction can help bolster skills in reading individual words and reading text
out loud, but they also need instruction in spelling, reading fluency, and comprehension...
If your child is in kindergarten, first, or second grade, make sure that systematic and explicit phonics instruction is included
as part of the reading curriculum. If your child is older and having trouble learning to read, find out if he would benefit by
having phonics added to his program.
FluencyFluency is the ability to read a text accurately and quickly. Because fluent readers do not have to
concentrate on recognizing the words, they can focus their attention on what the text means. Fluent readers group
words to help them understand what they read, so fluency builds a bridge between word recognition
and comprehension.
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Fluency depends on what readers are reading, their familiarity with the words, and the amount of practice they have had.
Fluency develops as a result of many opportunities to practice reading successfully. Continued reading practice helps word
recognition become more automatic, rapid, and effortless.
Students need instruction in fluency, especially those who are struggling. In addition to providing instruction, teachers
should assess fluency regularly to make sure students are making progress. Monitoring your childs progress in reading
fluency will help the teacher determine if instruction is effective, as well as providing information needed to set
instructional goals.
V
ocabularyVocabulary is knowing words and knowing what they mean. There are four types of vocabulary:
listening vocabulary, speaking vocabulary, reading vocabulary, and writing vocabulary. For every child, each of these
vocabularies may include different, but overlapping, sets of words. Beginning readers use their oral vocabularies as
they recognize the sounds in words they are reading. It is much easier for them to read words that are already part of
their oral vocabularies.
Children learn vocabulary both indirectly and directly. They learn directly when they are plainly taught individual words and
word-learning strategies, such as how to use dictionaries, how to use parts of words to figure out meaning, and how to use
context to find clues to word meanings. They learn indirectly through conversation, listening to adults read to them, and
reading on their own.
Your childs reading program should include direct teaching of vocabulary as well as opportunities for indirect learning. The
teacher should promote word consciousness (an awareness of and interest in words) and should encourage students to
engage in word play (e.g., puns such as When you use glue in class, it paste to be careful.), do research into the history
of a word, search for examples of a word in their everyday lives (e.g., by reading signs or cereal boxes), and point out how
authors have chosen specific words to convey exactly what they mean.
Reading to learn subject matter does not occur automatically once students have learned to read; strategies for taking the
meaning from text need to be taught. At all grade levels, students can benefit from instruction in how to make sense out of
text and how to construct meaning.
Comprehension strategies should be part of your childs reading program. Comprehension strategies are conscious
planssets of steps that are used to make sense of the text. Students who use comprehension strategies know when they
understand what they read and when they do not. They monitor their own comprehension.
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K eep communications open with your childs teacher, and listen carefully if she
describes problems with aspects of your childs learning. If you think the problems are
serious enough to require special attention, ask the teacher if alternate instructional
approaches might help address the problem and ask if any have been tried.
K eep track of the instructional practices used to help address your childs problems
and record how well they assisted your childs learning.
A
sk about the availability of research findings that show the effectiveness of the
instructional practices or behavioral programs being used.
D
iscuss whether there are cultural factors that might make a difference. If so, explain
your childs background so the teacher and other educators can understand your
childs behavior and actions. The information provided by parents and family members
can be crucial to understanding a childs learning difficulties.
T ry to understand the way your child learns and be able to communicate what you
think will help the teacher better understand your childs specific learning style.
Observe and provide all the information you can to help the educators develop a
better understanding of it.
Find
out if supplementary educational services such as tutoring are available at your
childs school and investigate the programs to see if any would benefit your child.
78
1. Is the school district currently using an RTI process to provide additional support
2.
to struggling students?
If not, do they plan to?
3. What are the interventions being used? What research supports their
effectiveness?
4.
6.
7.
8. Is the teacher or other person responsible for providing the interventions trained
in using them?
9. When and how will information about a students performance and progress be
provided?
10. At what point in the RTI process are students who are suspected of having a
learning disability referred for formal evaluation?
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Pre-school/
Kinder-
garten
Grades
1-4
Grades
5-8
High
School &
Adult
80
Pre-school/
Kinder-
garten
Grades
1-4
Grades
5-8
High
School &
Adult
Language
Demonstrates early delays in learning to speak
Has difficulty modulating voice (i.e., too soft, too loud)
Has trouble naming people or objects
Has difficulty staying on topic
Inserts invented words into conversation
Has difficulty re-telling what has just been said
Uses vague, imprecise language and has a limited vocabulary
Demonstrates slow and halting speech, using lots of fillers
(i.e., uh, um, and, you know, so)
Uses poor grammar or misuses words in conversation
Mispronounces words frequently
Confuses words with others that sound similar
Inserts malapropisms (slips of the tongue) into conversation (i.e., a
rolling stone gathers no moths; he was a man of great statue)
Has difficulty rhyming
Has limited interest in books or stories
Has difficulty understanding instructions or directions
Has trouble understanding idioms, proverbs, colloquialisms, humor, and/
or puns (note: take into account regional and cultural factors)
Has difficulty with pragmatic skills (i.e., understands the relationship
between speaker and listener, stays on topic, gauges the listeners degree
of knowledge, makes inferences based on a speakers verbal and nonverbal cues)
Reading
Confuses similar-looking letters and numbers
Has difficulty recognizing and remembering sight words
Frequently looses place while reading
Confuses similar-looking words (i.e., beard/bread)
Reverses letter order in words (i.e., saw/was)
Demonstrates poor memory for printed words
Has weak comprehension of ideas and themes
Has significant trouble learning to read
81
Pre-school/
Kinder-
garten
Grades
1-4
Grades
5-8
High
School &
Adult
Reading, cont
Has trouble naming letters
Has problems associating letter and sounds, understanding the
difference between sounds in words or blending sounds into words
Guesses at unfamiliar words rather than using word analysis skills
Reads slowly
Substitutes or leaves out words while reading
Has poor retention of new vocabulary
Dislikes and avoids reading or reads reluctantly
Written Language
Dislikes and avoids writing and copying
Demonstrates delays in learning to copy and write
Writing is messy and incomplete, with many cross outs and erasures
Has difficulty remembering shapes of letter and numerals
Frequently reverses letters, numbers and symbols
Uses uneven spacing between letters and words, and has trouble staying
on the line
Copies inaccurately (i.e., confuses similar-looking letters and numbers)
Spells poorly and inconsistently (i.e., the same word appears differently
other places in the same document)
Has difficulty proofreading and self-correcting work
Has difficulty preparing outlines and organizing written assignments
Fails to develop ideas in writing so written work is incomplete and too
brief
Expresses written ideas in a disorganized way
Math
Has difficulty with simple counting and one-to-one correspondence
between number symbols and items/objects
Difficulty mastering number knowledge (i.e. recognition of quantities
without counting)
Has difficulty with learning and memorizing basic addition and
subtraction facts
Has difficulty learning strategic counting principles (i.e. by 2, 5, 10, 100)
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Pre-school/
Kinder-
garten
Grades
1-4
Grades
5-8
High
School &
Adult
Math, cont
Poorly aligns numbers resulting in computation errors
Has difficulty estimating quantity (i.e., quantity, value)
Has difficulty with comparisons (i.e., less than, greater than)
Has trouble telling time
Has trouble conceptualizing the passage of time
Has difficulty counting rapidly or making calculations
Has trouble learning multiplication tables, formulas and rules
Has trouble interpreting graphs and charts
Social/Emotional
Does not pick up on other peoples mood/feelings (i.e., may say the
wrong thing at the wrong time)
May not detect or respond appropriately to teasing
Has difficulty joining in and maintaining positive social status in a peer
group
Has trouble knowing how to share/express feelings
Has trouble getting to the point (i.e., gets bogged down in details in
conversation)
Has difficulty with self-control when frustrated
Has difficulty dealing with group pressure, embarrassment and
unexpected challenges
Has trouble setting realistic social goals
Has trouble evaluating personal social strengths and challenges
Is doubtful of own abilities and is prone to attribute successes to luck or
outside influences rather than hard work
Attention
Fails to pay close attention to details or makes careless mistakes in
schoolwork, work, or other activities
Has difficulty sustaining attention in work tasks or play activities
Does not follow through on instructions and fails to finish schoolwork,
chores, or duties in the workplace
Has difficulty organizing tasks and activities
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Pre-school/
Kinder-
garten
Grades
1-4
Grades
5-8
High
School &
Adult
Attention, cont
Avoids, dislikes, or is reluctant to engage in tasks that require sustained
mental effort such as homework and organizing work tasks
Loses things consistently that are necessary for tasks/activities
( i.e., toys, school assignments, pencils, books, or tools)
Is easily distracted by outside influences
Is forgetful in daily/routine activities
Other
Confuses left and right
Has a poor sense of direction; slow to learn the way around a new place;
easily lost or confused in unfamiliar surroundings
Finds it hard to judge speed and distance (i.e., hard to play certain games,
drive a car)
Trouble reading charts and maps
Is disorganized and poor at planning
Often loses things
Is slow to learn new games and master puzzles
Has difficulty listening and taking notes at the same time
Performs inconsistently on tasks from one day to the next
Has difficulty generalizing (applying) skills from one situation to another
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evaluators,
n
otes on telephone conversations (including dates, person with whom you
spoke, and a short description
of the conversation)
85
86
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Evidence or
Indications of
Problem
Kind of
Assessment
Needed
Interventions,
Accommodations
or Special Services
Needed
Agreements
Reached
Angela reads
slowly and
confuses words
when reading
Teachers notes
and report cards
mention the
problem
Angela wears
glasses and may
not be able to
see the words
well
Vision
assessment
Teacher agreed
3/16 to provide
Angela with
extra help in
reading while
she is waiting to
be assessed.
Mispronounces
words when
reading aloud
Tape recording
Phonics
assessment
Extra phonics
assistance
Angela has
problems getting
organized to do
her homework
Forgets
assignments,
cant find paper
and pencil, cant
seem to focus
Assessment
of executive
functions
Has problems
with spelling,
doesnt recognize
root words
Poor grades,
teachers notes,
spelling tests
Overall, she
seems very
disorganized
May stem
from reading
problems
Homework
planner and a
system to help
her remember
assignments;
extra set of
books at home,
desk organizer at
home
Tutoring with
spelling?
I agreed 3/16
with teacher
to help her
get started on
assignments.
Teacher agreed
3/16 to give
additional
spelling
instruction.
87
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Evidence or
Indications of
Problem
Kind of
Assessment
Needed
Interventions,
Accommodations
or Special Services
Needed
Agreements
Reached
88
89
1.
hat is the school districts timeframe for completion of the evaluation? Is the
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timeframe in calendar days or school days?
2.
3.
4.
Does the proposed evaluation address all of your concerns about your child?
(Use the Worksheet for Organizing Your Concerns about School-Related
Problems to be sure all of your concerns are addressed.)
5.
6.
7.
ho will do the evaluation and what specific expertise, training and experience
W
do they have with these particular assessments?
How soon after the evaluation is completed will the report be available?
8.
How are the tests administered during the evaluation? Is this a good means of
communicating with your child?
9.
How are the test results expressed and what do they mean?
(e.g., numeric scores, descriptive statements, percentiles, grade levels)
Will the results be explained in a way that is easy to understand?
10.
11.
12.
Can I meet with the evaluator or school representative to discuss the results
privately?
W
ill the evaluation results provide information to help develop specific
recommendations about classroom strategies, teaching methods and services
and programs for my child?
13.
hat is the school districts process for amending, or revising, the evaluation
W
report?
hat is the school districts process for requesting an independent educational
W
evaluation (IEE)?
90
91
1.
2.
3.
4.
5.
6.
Will I be given sufficient time to review my childs evaluation report prior to the
eligibility meeting?
If I have questions about my childs evaluation report, how will I get my
questions answered prior to the eligibility meeting?
May I bring other individuals to the eligibility meeting with me? What is the
school districts policy regarding other non-school attendees?
W
hat is the school districts current policy regarding the determination of a
specific learning disability?
If my child is found eligible, will the school district plan to develop the initial IEP
at the same meeting?
If my child is found not eligible, will the school district consider an evaluation for
eligibility under Section 504?
92
93
WHAT TO DO
94
Check When
Complete
WHAT TO DO
95
Check When
Complete
WHAT TO DO
96
Check When
Complete
WHAT TO DO
At the meeting
Arrive early
Arrive at least 15 minutes prior to the time your meeting is scheduled to begin. Provide any persons
you have invited to attend the meeting with a copy of your childs current IEP, your Parent Report and
your suggested annual goals.
Remain calm
IEP meetings can be stressful and emotional. Above all, you must be:
Cooperative
Respectful
Calm
Positive
97
Check When
Complete
WHAT TO DO
98
Check When
Complete
WHAT TO DO
Monitor progress
While the school is required to provide you with regular progress reports (generally at each grading
period) you can request more frequent progress reports. Progress reports should be based on
objective information, not teacher opinion or observation. Work samples and performance on district
or state assessments should be compared to the progress reported on the IEP progress reports.
If progress reports show significant progress or a substantial lack of progress, the IEP goal(s) should be
discussed and the instructional program in use should be reviewed.
Meeting more than once a year
While each students IEP must be reviewed and updated at least annually, you can request an IEP
meeting at any time. If progress is slow or other issues, such as behavior, need to be addressed,
request an IEP meeting in writing.
99
Stopper #1:
Stopper #2: Your child cant participate in academic classes if he cant pass the state assessments.
What are the issues?
Both the Individuals with Disabilities Education Act (IDEA 2004) and the No Child Left Behind Act (NCLB) encourage schools
to have high expectations for all students and require schools to provide equal opportunities for students to receive
academic instruction. Students with disabilities have a right to have meaningful access to the general curriculum. Parents
and IEP teams should work with general education teachers to identify those areas of the curriculum that can and should
be incorporated into the students IEP and then provide modifications and accommodations through special
education services.
Here are possible responses:
Its absolutely essential that Eric be provided with good instruction in a variety of academic classes in order to meet his IEP
goals. We want him to have the same opportunities to learn as all other students at this school, whether he is able to pass
the end-of-year assessment or not.
100
We know that we and Erics IEP team can determine if Eric will take the regular state assessments or an alternate
assessment. Maybe Eric will not reach all the course requirement for this class, but Eric must have the opportunity to learn
the same curriculum as the other students.
Stopper #3: We have developed our own reading curriculum for this reading class.
What are the issues?
Unless the curriculum, which is defined as the content and the methodology used to teach that content has been shown
to have produced positive learning outcomes for all students or for students with disabilities, there are legitimate questions
that parents and other IEP members must raise. Specifically, IDEA now requires that services provided to students under the
IEP must be based on peer-reviewed research. Peer-reviewed research is that which has been reviewed by other education
experts and can be applied to other situations, can be tested with other groups of children and can be built upon by
other researchers.
Here are possible responses:
Our job as an IEP Team is to make sure that the curriculum that is used for Marias instruction is based upon solid education
research. If there is a particular curriculum used at this school or in this program, then I would like to see the research that
proves that the curriculum has been successful in meeting the instruction needs of students like Maria before we can
agree.
The research on reading indicates that a reading program needs to contain several essential components - Phonemic
Awareness, Phonics, Fluency, Vocabulary and Reading Comprehension to be effective for most children. Can you
provide us with independent research which shows that your reading program adequately provides each of the required
components?
Stopper #4:
First well work on skills and then well see if your child is ready for this academic class.
Stopper #5:
Well be using teacher observation to measure progress toward your childs annual IEP goal.
101
must be something besides what the teacher thinks or sees to determine progress. An object measure might be counting
the number of times your child successfully completes a class assignment, a simple weekly checklist of sight words
recognized, or a more formal assessment tied to your childs goals. While a structured observation by the teacher or another
member of the school staff can be one way to measure progress, teacher observations cannot serve as the only measure
of progress. Another issue that might be causing this conversation stopper is that the goals may not be written very well.
Check to see if the goals in your childs IEP are written so they can actually be measured objectively.
Possible responses are:
Its not going to be possible for me to know if Natasha is making progress unless we have some objective measures
written into her IEP. What other measures can we use to track her progress toward reaching these annual goals?
We need to think about some more formal ways of measuring Natashas progress. Sometimes it takes quite a while for
Natasha to learn new material. I need to know what assessments we are going to use to ensure that she is mastering the
really important skills on this IEP.
Stopper #6:
Stopper #7:
102
Stopper #8:
Stopper #9:
We cant give your child special education services if you dont sign this IEP.
103
NO Is the information in your childs present level of performance (PLOP) clearly stated and supported
with objective information and assessment or evaluation data, such as information from standardized
testing, curriculum based measurements or performance on district or state-wide assessments?
YES
oes the present level of performance (PLOP) section of the IEP contain information about the
NO D
academic, developmental and functional needs of your child?
YES
NO A
re your concerns and expectations for your child included in the present level of performance (PLOP)
section of the IEP?
YES
NO Are your childs annual goals clearly stated and can they be measured?
YES
NO K nowing the effects of your childs disability, do the annual goals directly relate to your childs needs as
stated in the present level of performance (PLOP)?
YES
YES
NO Is the method(s) to monitor and evaluate your childs progress toward the annual goals clearly stated?
YES
NO Does the IEP indicate the amount of time your child will spend in general education?
YES
re the special education services and related services recommended for your child supported by
NO A
scientific research that supports their effectiveness? If not, what evidence has the school provided to
indicate that the services and instructional methods proposed for your child have been found to be
effective for children with similar learning difficulties and of similar age?
YES
NO Does the IEP state who will be responsible for implementing the services listed?
YES
YES
o you know how the IEP content will be communicated and shared with the staff responsible for
NO D
their implementation?
YES
YES
NO Does the IEP indicate how your child will participate in state and district testing?
YES
ave any potential consequences of your childs assessment participation been explained to you?
NO H
Have you discussed whether your child may or may not be allowed to move on to the next grade or
graduate with a regular diploma?
Your active participation in your childs IEP is critical to your childs success. Every state has additional laws or regulations,
so be sure to contact your states Parent Training and Information Center to obtain additional information specific to your
states IEP procedures.
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Have your childs strengths and interests been adequately identified? If not, what
assessments are needed?
Can your childs strengths and interests generate ideas for realistic goals or
directions for the future?
Can your child expect to graduate with a regular high school diploma?
hat would your child need to learn or be able to do in order to meet his or her
W
goals?
If needed, are functional skills (e.g., working with or managing money, shopping,
using public transportation, and knowing how to be safe at home and in the
community) included in your childs program?
Late Transition Planning (for students in last two years of high school)
All of the above questions are still relevant and additional ones need to be addressed:
Can your child explain the specific nature of his or her disability? Does your child
know when it is appropriate to disclose and discuss this disability and explain
the accommodations it requires?
Have you and your child established working relationships with professionals
from community service agencies who will be providing services after your child
leaves high school?
A
re there natural supports available in your community (friends, clubs, religious
organizations, etc.) to meet your childs needs and interests?
If your child has been using assistive technology or software, what arrangements
have been made to ensure that these will be available to him or her after high
school?
If your child has reached your states age of majority, has he or she received a
notice of the rights that transfer?
105
1.
academic achievement?
to satisfy:
106