The Individualized Education Program (IEP) is the written plan developed after the eligibility meeting that drives the student’s program. It describes the special education and related services specifically designed to meet the unique educational needs of a student with disability. The IEP team meeting helps parents and educators work together as partners. The IEP is not a daily lesson plan. It is a long-term plan and, thus, will not tell you everything that a teacher will do with your child. The IEP describes things that you and the school have agreed to do for your child, but it is not a guarantee that the interventions will work. The IEP is a fluid document. It can be changed as your child’s needs change.
In New Jersey, the IEP (Individualized Education Program) team is made up of several key members who collaborate to create and review the educational plan for a student with disabilities. The team includes:
The Parent(s) or Guardian(s): Parents are essential members of the IEP team. They provide valuable insight into their child’s strengths, needs, and progress, and are involved in decision-making regarding goals, services, and placement.
The Student (when appropriate): Depending on the child’s age and ability, the student may participate in the IEP meeting to share their own goals and preferences regarding their education.
The Case Manager (or Special Education Teacher): The case manager, often a special education teacher, coordinates the development of the IEP, facilitates the meeting, and ensures that the plan is implemented correctly. They also help in tracking the student's progress.
The Regular Education Teacher(s): At least one general education teacher must attend the meeting. This teacher provides input about how the student is performing in the general education classroom and how the IEP goals can be integrated into regular educational activities.
The Special Education Teacher: A special education teacher is required to attend an Individualized Education Program (IEP) meeting when the student is receiving special education services. The special education teacher contributes to the development of the IEP, particularly in setting goals and determining the services and supports the student will receive and provides input on how the IEP can be implemented and what accommodations or modifications are necessary for the student to succeed in their educational environment.
The Child Study Team (CST) Members: The CST typically includes professionals such as:
School Psychologist: Offers insights into the student’s cognitive and emotional development, assessments, and behavioral needs.
Learning Disabilities Teacher Consultant (LDTC): Provides expertise in learning disabilities and how they may impact academic progress and accommodations.
Social Worker: May provide input regarding the student’s social and emotional development, and assist with behavioral concerns.
Specialists (as needed): Depending on the student’s specific needs, additional specialists may be part of the team:
Speech-Language Pathologist (SLP): If the student has speech or language needs, the SLP will contribute expertise on communication goals.
Occupational Therapist (OT): If fine motor skills or sensory needs are involved, the OT will provide input on how to support those areas.
Physical Therapist (PT): If the student requires physical support, the PT will discuss goals related to gross motor skills.
Behavioral Specialist (if applicable): A specialist who focuses on behavior management, including strategies for positive behavior support.
Administrator (or Designee): A school administrator, often the principal or a special education director, may attend to ensure that appropriate resources are available to implement the IEP and to make decisions about placement or services.
The team works together to review assessment data, determine eligibility for services, set measurable goals, and decide on the appropriate services, accommodations, and placement for the student. Parents play an integral role in this process, ensuring that their child’s needs and strengths are fully represented.
An Individualized Education Program (IEP) is a legal document that outlines the educational plan for a student with disabilities. In New Jersey, as in other states, an IEP must include the following components to ensure that the student receives appropriate services and supports:
Student’s present levels of academic achievement and functional performance (PLAAFP):
This section describes how the student is currently performing in key areas such as academics, social skills, communication, and behavior.
It includes both strengths and areas of need.
Information is based on assessments, teacher observations, and input from parents.
Measurable Annual Goals:
Specific, measurable goals that the student is expected to achieve within a year. These goals are tailored to address the student’s unique needs as identified in the PLP.
Goals should be academic, behavioral, social, or functional, depending on the student’s needs.
Short-Term Objectives or Benchmarks (for certain students):
These are smaller, incremental steps toward achieving the annual goals, especially for students with more significant disabilities.
They help track progress and ensure the student is making meaningful strides toward the larger goals.
Special Education and Related Services:
This includes the specific services the student will receive, such as special education instruction, speech therapy, occupational therapy, or physical therapy.
It also specifies the amount of time and frequency these services will be provided (e.g., 30 minutes of speech therapy per week).
It may include services such as counseling or behavioral support.
Supplementary Aids and Services:
This includes supports that help the student access the general education curriculum, such as accommodations, modifications, or assistive technology.
Examples may include extended time on tests, preferential seating, or the use of a computer for written work.
Participation in the General Education Curriculum:
This section outlines the extent to which the student will participate in the general education setting with non-disabled peers.
It includes whether the student will participate in regular classes, or if they will be placed in a more restrictive setting for certain subjects or activities.
Accommodations and Modifications:
Specific accommodations and modifications are provided to ensure that the student has equal access to learning.
A Behavioral Intervention Plan (BIP) for students experiencing significant behavior difficulties if behavior impedes learning
These could include changes in how the student learns or demonstrates learning, such as providing instructions in simpler language, using visual aids, or allowing for oral responses instead of written.
State and District-Wide Assessments:
Information on how the student will participate in state and district-wide assessments, including any modifications or accommodations needed.
If the student will not participate in standardized testing, an alternate assessment plan will be outlined.
Projected Start Date and Duration of Services:
The date when the IEP services will begin and how long they will be provided.
This ensures that services are in place as soon as the IEP is finalized.
Transition Plan (for students aged 14 and older):
This section outlines the steps that will be taken to help the student transition from school to post-school life (e.g., employment, vocational training, or further education).
It includes goals and services related to preparing the student for life after high school, such as job training or college preparation.
Extended School Year (ESY) Services:
A determination of whether the student requires special education services beyond the regular school year (e.g., during the summer) to prevent regression in critical skills.
Progress Monitoring and Reporting:
A plan for how the student’s progress toward meeting the IEP goals will be tracked and communicated to the parents.
This typically includes how often progress reports will be provided, such as quarterly or annually.
Parent and Student Participation:
The IEP document should reflect the active participation of the student and parents. It should outline the parent’s input, the student’s preferences (when appropriate), and how they are involved in the decision-making process.
These components work together to create an educational plan that is tailored to the individual needs of the student, ensuring that they receive the necessary supports to succeed in school. The IEP is a dynamic document that is reviewed and updated at least annually to ensure it continues to meet the student’s evolving needs.
In New Jersey, if a parent does not provide consent for an initial IEP, the following steps typically occur:
No Services Can Be Provided: Without parental consent, the school district cannot begin providing special education services to the student. The IEP is considered not valid without the parent's consent, meaning the student will not receive the services outlined in the plan.
School District Responsibilities: If a parent refuses to consent, the school district may make efforts to understand and address the parent’s concerns. The district will attempt to engage the parent and explain the benefits of the proposed services and IEP. They may try to resolve any issues or misunderstandings the parent may have.
Due Process Options: If the parent continues to withhold consent, the school district has the right to request a due process hearing. In this case, the district would ask the New Jersey Department of Education (NJDOE) to review the situation and potentially authorize services without the parent's consent. This process is used to resolve disagreements between the parent and the school district regarding the IEP.
Alternative Supports: In the event that a parent refuses consent for the IEP, the student is still entitled to receive services through other means, such as general education interventions and supports, while the dispute is resolved. The district may provide supports outside of special education services, but it is important to note that these may not be as tailored to the student’s needs as the services in the IEP.
IEP Review: The district is required to conduct an IEP meeting to review the student’s needs, which may involve parents, educators, and other specialists. However, without consent, the IEP cannot be implemented, and services cannot begin.
Reevaluation: If consent is refused, the child’s situation can be reevaluated at a later time. The district will continue to monitor the child’s progress, and if the child’s needs change, the district may try again to secure consent for an updated IEP.
In short, without the parent’s consent, special education services cannot be initiated. However, the school district can take steps to resolve the situation, including pursuing due process or finding alternative ways to meet the child’s needs. Parents retain the right to be involved in decisions regarding their child’s education, and consent is crucial for the IEP process to move forward.
In New Jersey, if parents do not agree with a proposed IEP (Individualized Education Program), they have several important rights to ensure that their concerns are heard and addressed. These rights include:
Request Modifications: Parents have the right to request changes to the IEP during or after the meeting if they feel it does not fully address their child’s needs.
Collaborative Process: The IEP team is required to work with the parents to address their concerns. The school district should be willing to discuss and revise the IEP based on the feedback provided by the parents.
If parents disagree with the results of the school's evaluation, they have the right to request an Independent Educational Evaluation (IEE) at public expense.
The independent evaluator must be someone who is not employed by the school district. The results of the IEE must be considered by the school in the IEP process.
Procedure: Parents must submit their request for an IEE in writing to the school district, which must then respond within a reasonable time frame.
If parents and the school district cannot resolve their disagreements about the IEP, parents have the right to request mediation.
Mediation is a voluntary process where an impartial mediator helps the parents and school district reach a mutually agreeable solution. Mediation is typically free of charge and is a way to resolve conflicts before resorting to a more formal process.
If parents disagree with the proposed IEP and cannot reach a resolution through informal means (like mediation), they have the right to file for a due process hearing.
In this formal legal process, a hearing officer will review the case and make a determination. Parents have the right to present evidence, question witnesses, and be represented by an attorney if desired.
The hearing officer’s decision is binding, though it can be appealed in court if necessary.
Timeline: A due process hearing must be requested within two years of the date when the parent knew or should have known about the problem.
If a parent disagrees with the proposed IEP and requests a due process hearing, they have the right to request that the student’s current services continue during the hearing process. This is known as stay-put rights.
The student will continue receiving the services outlined in the most recent IEP until the dispute is resolved, unless both parties agree to a change in services or a hearing officer makes a different ruling.
Parents have the right to review the draft of the IEP before the meeting and discuss it with the school. If parents feel that the proposed IEP does not meet their child’s needs, they can request additional time to review the document and provide feedback.
Parents have the right to be active participants in the IEP process, and they are encouraged to provide input on their child’s strengths, challenges, and the goals for their education.
If parents feel that the IEP does not adequately reflect their child’s needs, they should express their concerns during the meeting or in writing after the meeting.
If parents believe that the school district has violated the Individuals with Disabilities Education Act (IDEA) or state laws related to special education, they can file a formal state complaint with the New Jersey Department of Education.
The NJDOE will investigate the complaint and issue a written decision. This is a less formal process than a due process hearing and is usually quicker.
Parents have the right to access their child’s educational records, including evaluation reports, progress monitoring data, and any other documents related to the development of the IEP.
Parents can request copies of these records at any time to help them understand the basis for the IEP and the services being proposed.
If parents disagree with a proposed IEP in New Jersey, they have several options:
Request changes or revisions to the IEP.
Request an Independent Educational Evaluation (IEE).
Pursue mediation or a due process hearing to resolve disputes.
Continue services pending the outcome of a dispute.
Review and access their child’s educational records.
These rights ensure that parents are involved in the decision-making process and that their concerns are addressed, ultimately supporting the development of an IEP that meets their child’s needs.