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The IEP is at the The Individualized heart of your child’s right to a Education Program (IEP) free appropriate Parents know their child better than anyone else. The information parents public share with their child’s team not only helps them get a better picture of the education. child as a total person, it also helps the team develop an education plan that is based on the child’s individual needs.

The Individualized Education Program Who is responsible for developing the

(IEP) is a written education plan for IEP? your child that describes the special Your child’s IEP is developed by a team education and related services your that includes: child will receive. Each child, ages 3 • Parents, guardian, or educational through 21, who is eligible to receive surrogate parent. special education and related services • At least one of your child’s must have an Individualized Education regular education teachers. Program (IEP). If a service or • At least one of your child’s special accommodation is included in the IEP, educators or special education your child has the right to receive it. service providers. • An individual from the school Your child’s first IEP must be written 30 district who knows about the

days after he or she qualifies for district’s resources, can provide special education. After the IEP is or supervise special education written, your child’s services must be services, and is knowledgeable provided as soon as possible. You have about regular education. This the right to receive a copy of your individual is referred to as the child’s IEP, and the IEP must be known local agency representative (LEA). to each teacher working with your • Your child whenever appropriate. child. • Other individuals at your request or at the school’s request. Before your child receives special education and related services for the One member of the IEP team should first time, you must give written also be able to explain evaluation consent. You have the right to revoke results. At age 16, your child will be your consent for special education invited to attend IEP meetings when services at any time, even after the IEP the team discusses transition services. has been implemented. However, you, your child and/or the

school may wish to have your child participate reevaluation. A list of IEP team members in meetings before 16. and their roles also appears on the first page. When does the IEP team meet? • The next page of the IEP describes your Parents have the right to request an IEP child’s present levels of educational and meeting any time they believe the IEP should functional performance. These skills be changed. The school may either honor or include communication, behavior, social refuse your request. If the school refuses to skills, self-care skills, motor hold a meeting, it must notify you in writing development, language development, about its reasons for the refusal and provide vocational skills, or recreation skills. information about parents’ rights to disagree. Information gathered through an evaluation and from you, teachers, and The school is responsible for scheduling IEP others should be used to complete this meetings at a time and place that is agreed section of the IEP. Other considerations, upon by you and the school. If agreement such as health/safety concerns, mobility, cannot be reached, the school must use other transportation, disability awareness, self- means to ensure your participation in the IEP advocacy needs and family concerns or meeting, such as an individual or conference input should also be addressed here, as call or video conferencing. The school can hold well as information about how your an IEP meeting without your participation when child’s disability affects progress in unable to arrange a meeting after multiple regular education. unsuccessful attempts. The school must • The next section addresses the document all of the attempts made to include educational areas your child needs you in the IEP meeting. services for. It identifies the level at which your child is performing, and When can a team member be excused from contains annual goals, short-term an IEP meeting? objectives, and procedures and dates for If you and the school agree in writing, a team evaluating progress. Annual goals and member may be excused from attending all or objectives should be written in a way that part of your child’s IEP meeting when: allows the school to measure progress. • Their area of the curriculum or related IEP goals and objectives should also allow services is not being discussed or your child to participate in the same changed. curriculum or activities as other children • The team member whose curriculum or without special needs. related service area is being discussed • For students age 16, or younger if provides written information about IEP appropriate, the post-secondary services to you or other team members transition plan comes next. This before the meeting. addresses goals for the transition from high school to adult life. Information What should be included on an IEP? from age- appropriate transition The IEP is a road map of the educational assessments should be used to develop services and support your child will receive. measurable goals to prepare your The information below describes IEPs for teenager for work, education/training, children from kindergarten through 12th grade. and independent living. The Early Childhood Special Education IEP for • Special education services and related children ages 3 to 5 looks slightly different. services are next. Special education is • On the first page, your child’s name, date specialized instruction designed to meet of birth, and grade are included. You will your child’s individual needs, such as one- find time frames for IEP services, summer to-one instruction in reading or math. services, if provided, annual review, and Related services help a child benefit from 2

special education. Examples include In developing the IEP, is there other speech and language help, physical information the team should consider? therapy, transportation, and therapeutic To ensure that all children receive an recreation. If the team decides that your appropriate education, there are several areas child needs extended year services during the team should discuss. These areas include: the school year or over the summer, a • The language needs of a child with description of those services is included in limited English proficiency. this section of the IEP. There are details • Instruction in Braille and the use of on how often and how long services will Braille for a child who is blind or visually be provided, where services will take impaired. place, and who will provide them. The • The communication needs of a child who school is only required to list the type of is deaf or hard of hearing. provider that will be working with your • The child’s needs for assistive technology child, not the person’s name. devices and services. • The next section provides details on the • The child’s need for instruction and percentage of time your child will spend support to learn positive behavior skills. in their educational placement and the type of placement in which he or she will How often does the team have to review an receive services. Special education IEP? class, regular education class, and The IEP team must meet at least once a year to residential facility are some examples of review your child’s current IEP and develop a educational placements. Children new IEP for the coming year. Changes to the receiving special education services IEP should also occur when your child is not should be educated in the “least making progress towards goals or in the general restrictive environment” (LRE). LRE education curriculum, after a reevaluation is means that a child must be included in completed, or when there is new information regular classes and in their neighborhood to share about the child. school to the extent that it is appropriate for that child. Can the IEP be changed without a formal meeting? The IEP should include accommodations, After the yearly review, you and the school support, and services to allow the child to be may agree to make changes to the IEP without successful in typical educational environments. holding a meeting. Any changes made to the If your child cannot participate fulltime in the IEP will be in writing and the school should give regular education environment, the school you a copy of the amendments you agreed must document the reasons on the IEP. upon.

This section also details how your child will To document the agreement, the school will participate in state-level assessments. Your ask you to sign a consent form agreeing to child’s IEP team will decide whether your child change your child’s IEP through an informal is able to participate in regular assessments or discussion rather than a team meeting. You are will need alternate assessments. entitled to a copy of this written agreement.

The last section of the IEP describes What role do parents play on the IEP Team? accommodations, program changes, aids, and Parents should be involved in all steps of the support your child will receive as part of IEP process. You have specific rights, including special education. Examples include digital the right to: text books, preferential seating, extended time • Participate in any meetings to develop on tests, assistive technology, training of the IEP. personnel working with your child, and a home- • Be notified of IEP meetings early enough school communication log. to make arrangements to attend. 3

• Be notified about the time, place, • File an administrative complaint if and purpose of IEP meetings and you believe the school has not who will attend. complied with special education • Have meetings at times and rules regarding your child’s places that are convenient for you education plan. You must write and the school. your complaint to the Vermont • Participate in meetings by other Secretary of Education.

means, such as by telephone or • File a due process complaint videoconferencing if you cannot against the school with the attend in person. Vermont Secretary of Education. • Receive a copy of your child’s A hearing will be scheduled by a written evaluation report and hearing officer to decide on the review your child’s records before complaint unless you and the IEP meetings. school resolve your differences at • Bring a friend or advocate for a resolution session or mediation. support or bring someone to the meeting who you believe has Resources special knowledge about your Vermont Agency of Education child’s special education needs. Help for families navigating the education system. If my child is not making progress, 802-479-1030 what can I do to change the IEP? You may request an IEP meeting to Vermont Assistive Technology Program discuss your concerns and request AT device demonstrations, device changes to the IEP. loans, technical assistance, training, AT

You may also request a reevaluation of Reuse Project We are happy to your child to gather new information 800-750-6355 hear that our about current levels of academic materials are achievement and functional skills in the Vermont Federation of Families for appreciated and used by others. To areas in which you feel your child is not Children’s Mental Health order copies of this making progress. If you disagree with Support for families experiencing or at fact sheet, or to the school’s evaluation, you have the risk to experience emotional, learn more about right to request an independent behavioral, or mental health challenges VFN’s materials and evaluation at the school’s expense. The 800-639-6071 services, please contact us at: school must consent to this evaluation or initiate a due process hearing to Vermont Legal Aid: Disability Law 1 800 -800-4005 prove that its evaluation was accurate. Project The project provides counsel and

What can we do if we cannot resolve advice, brief service, and full a disagreement with the school over representation to eligible clients and our child’s IEP? their family members. The special education process provides 800-889-2047 the following options to resolve disputes between parents and schools. Wrightslaw

You can: Information about special education Published law, education law, and advocacy for June 2014  Request mediation with an impartial, trained mediator. children with disabilities. Mediation is voluntary and you 877-529-4332 and the school both have to agree to it. The Vermont Agency of Education provides mediation

services free of charge to parents and schools.

Email: [email protected] Website: www.VermontFamilyNetwork.org