IEPs: A Beginner’s Guide, including settling the debate about what the “P” stands for
Still wondering what exactly the “P” in IEP stands for? Trust me, everyone is. If there’s widespread disagreement about something as simple as whether the “P” stands for “plan” or “program” - even for people who work in the field - how could anyone be expected to understand the thick document full of legal jargon behind those letters?
Today we’re going to get to the bottom of the meaning of IEP, what it does, who they’re for, and how you get one - with explanations that decode the jargon.
IEP Meaning
According to the Code of Federal Regulations (CFR), an Individualized Education Program (IEP) is a written statement for a child with a disability that is developed, reviewed, and revised in accordance with [other applicable CFRs].” You can take a look at the full definition here if you’re really in the mood for some light reading. Also, I said it: “program.” The “P” is for “program.” I’m taking a stance.
Now, let’s break it down.
What is does
An IEP is a document that outlines the accommodations, modifications, and services that a child with a disability needs in order for them to be able to learn in a way that works their unique learning style. This is an official legal document developed as a team. That team includes specific school personnel and the child’s parents. It can also include professionals outside the school and, of course, the child! At a minimum, the team meets yearly to review and revise the IEP to ensure that the child is meeting their goals and receiving what they need in order to be able to learn what they need to learn in school. This meeting is called the annual review.
Who it’s for
Some of the regulations that govern exactly who is eligible for an IEP are federal and therefore nation-wide, and some vary by state. Let’s use Massachusetts as an example. Here is what is looked for in Massachusetts in order to determine if your child could qualify for an IEP. First, the child needs to be between the ages of 3 and 22 years old. They also have to be diagnosed with one of the 13 eligible disabilities as defined under the Individuals with Disabilities Education Act (IDEA). You can check out that full list here.
It is not a disability alone, though, that qualifies children for an IEP. It must also be determined that disability is responsible for the child not being able to participate in their education in a way that allows them to learn and acquire the skills they need. My gosh, this is still so much to understand. Let’s see if we can bring it together in a way that makes sense.
So, if a child is between the ages of 3-22 in Massachusetts, they have been diagnosed with one of the eligible disabilities under IDEA, and it is determined that the disability is interfering with their ability to participate in their education in a way that allows them to learn and grow, they would be eligible to be placed on an IEP to support them in school.
If you do not live in Massachusetts, you can find the eligible ages for special education services for your state here, listed under the “free education” column.
How you get an IEP
So, how do you get an IEP for your child if you think they may need one? You have to first go through the processes of formally requesting a special education evaluation in writing, having your child evaluated by the school, and then determining eligibility based on the evaluation and the other factors described above. Oh my head, more jargon-y phrase, right? What the heck is a special education evaluation?
A special education evaluation is the process by which data is collected about the child in order to determine their unique skill set. This is done with formal testing through the School Psychologist or qualified tester, teacher and parent observations, and other relevant data collection depending on the concerns of the specific child. Any parent or guardian with decision-making rights can request a special education evaluation for the child. Concerned teachers or staff can (and should) also suggest children be evaluated for special education if they suspect the child needs support, but the child’s parents still have to consent to the evaluation before it begins. The school has a certain number of days between receiving the written request for a special education evaluation and when they have to complete it. In Massachusetts, schools have 30 school days from the day the written request is received to complete the evaluation process.
Once the evaluation is complete, the team again has a specific time frame that outlines when they need to meet. This also varies by state. In Massachusetts, it is 15 school days. This puts us at 45 total school days in Massachusetts from the date that the written request for a special education evaluation is received to when the first meeting must be held. This is the determination of eligibility meeting; often called an eligibility meeting, for short.
The determination of eligibility is the process by which “a group of qualified professionals and the parent of the child determines whether the child is a child with a disability [in accordance with the disability categories recognized by federal law as determined by a comprehensive evaluation and that they require special education and related services in order to be able to access the curriculum.]” Access the curriculum?? It never ends. Access to the curriculum is a fancy way of saying that a child is able to learn what they need to learn in a way that works for the child.
If you are dying to deep dive into the full definition, you can find it here. Did you laugh at the idea of doing that? I laughed too. No one wants to read the full definition (except for me) because they have made it so hard to read. That is why I’m here!
Process Recap
Okay, so, broken down, the process functions like a flow chart where you have to have specific answers to numbers 1-3 for a child to be able to qualify:
Does the child have a disability from one of the disability categories under IDEA? The answer to this is typically found through the evaluation process. If the answer is no, the child does not qualify for an IEP. If the answer is yes, go to #2.
Is the child making effective progress with learning what they are supposed to learn despite having an eligible disability? If the answer is yes, the child does not qualify for an IEP. If the answer is no, go to #3.
Does the child require specialized instruction in order to be able to learn what they need to learn because their eligible disability is preventing them from being able to do so without it? If the answer is no, the child does not qualify for an IEP. If the answer is yes, the child does qualify for an IEP. If the child does qualify, the team writes the IEP and provides the parents with copies to review and sign. The parent(s) may accept the IEP in full or in part, or reject the whole IEP. If it is accepted in full, the IEP is implemented immediately. If it is rejected in full or in part, another meeting may be held to review concerns and make revisions. In some cases, a process called mediation may take place where officials outside of the school system help the family and school resolve their differences related to the IEP.
Here is the real kicker: the answers to these questions are often not clear cut. For example, there are a lot of different ways to define “effective progress,” and team members’ ideas about how to define it can lead to differing outcomes. The team works together to paint a comprehensive picture of the child and their needs in order to come to the decision that is best for the child. This means that not every child who is evaluated for special education receives an IEP, and this also means that there can be disagreement within the team about whether that is the right decision. For those of you who have struggled to work with your school regarding your child’s needs, you know how confusing and stressful this process can be. Don’t be afraid to let your school know your honest thoughts. You may not be a special education professional, but your voice is equally as important. Parents are often experts on the child and their needs. Do not forget that.
Okay, that was a lot. If you read it all, I congratulate you (I may just be congratulating one person). If you were not able to get through it all or immediately scrolled to the bottom to see how long it was, smart move. Read the TL;DR instead and then decide if you want to read the rest:
TL;DR
Children with an eligible disability that is recognized by IDEA who are not able to learn without modifications, accommodations, and/or specialized instruction specific to their learning style are eligible for an IEP. The age range for children eligible for special education varies by state. The first step in the process is requesting, in writing, a educational evaluation for the child. Any parent or guardian with decision-making rights can request this evaluation. The evaluation has to be conducted and considered by the IEP team at the determination of eligibility meeting. The evaluation and initial meeting have to happen a set number of days from when the request for an evaluation was received to when the meeting occurs. This timeline varies by state. At the end of the evaluation and eligibility determination process, some children will qualify to receive an IEP and some will not. The information used to determine eligibility is often not black and white and their can be disagreement about whether the child should qualify for an IEP. Oh, and, the “P” in IEP stands for program. The debate has been settled. It is controversial, but the madness needs to end.
Have more questions or need some help navigating all of this? Consider checking out The Dream Team Community. It is packed with real, compassionate parents and educators supporting each other to help these amazing kiddos live their best school life.