By Arshi Pal, Esq.

The Individualized Education Program (IEP) is an important document that lays out the foundation for a student with a disability’s education and supports. The Committee on Special Education (CSE) must convene annually to review the student’s IEP according to the student’s needs.

Annual review season is upon us.

Let’s get back to the basics to prepare for the important meeting.

1. Before the meeting, do your homework. Review any recent evaluations, report cards and assessments. Review your child’s IEP from last year in detail and note any inaccuracies or disagreements you have. Develop an understanding of what your child’s needs are, understand how they are functioning and examine different supports they need. Consistent communication is key. Although it is recommended to speak with teachers and providers when issues arise, it is also advisable to bring them up at the CSE meeting so everywhere who is on your child’s team is aware. Consider whether you would like to invite any individuals to the meeting and provide notice to the CSE regarding their participation.

2. Understand the Basic Components of the IEP.
   1. Classification: There are 13 different classifications under the Individuals with Disabilities Education Act (IDEA). They include:
      • Speech Language Impairment
      • Emotional Disability
      • Hearing impairment
      • Intellectual Disability
      • Visual Impairment
      • Autism
      • Specific Learning Disability
      • Other Health Impairment
      • Traumatic Brain Injury
      • Multiple Disabilities
      • Orthopedic Impairment
      • Deafness
      • Deaf-blindness
      • Although a student may have more than one disability, the classification will indicate the disability that most affects their learning and educational performance.
   2. Present Levels of Performance: This section will be lengthy and should describe in detail the student’s strengths, weaknesses and functioning. This section will include information from recent evaluations, progress reports and the parent’s concerns. This section will help formulate the remaining sections of the IEP, including particularly the student’s program recommendation, accommodations and annual goals.
   3. Student Needs and Special Factors: This section documents the student’s needs for a Behavioral Intervention Plan and/or Assistive Technology. It also will indicate whether the student is blind, visually impaired, deaf or hard of hearing. This section will also include whether the student is a multi-language learner and what if any impact that it has on their learning.
   4. Post Secondary Goals and Transition Activities: This section is for students 14 years or older. This section will document the student’s long term goals. It documents plans for the student after they complete their schooling. This is a time to discuss and consider will the student be attending any further education programs and/or have any employment. This section may also discuss, what if, any independent living skills the student need help with. The CSE will recommend supports to help the student transition from schooling to adulthood.
   5. Annual Goals: The annual goals drive the IEP and this section is very important as it indicates what goals the student will work on to make progress. The goals must be SMART (Specific, Measurable, Achievable, Relevant and Time-Bound.) This section must document how often progress must be reported to parents.
   6. Recommended Special Education Program and Services: This section will include the type of classroom the student will be in and supports they will have. For example, the CSE can mandate a 6:1:1, 8:1:1, 12:1+(3:1), 12:1+1, 15:1, an Integrated Co-Teaching (ICT) class or a general education class. This program can also recommend related services such as counseling, speech language therapy, physical therapy, occupational therapy, hearing education services, vision therapy, parent counseling and training, and or audiological services. This section can also include group or individual paraprofessional support for the student. This section can also mandate supplementary aids and assistive technology.
   7. Consideration of a 12 month program also known as Extended School Year Services: If a student is likely to suffer from substantial regression over the summer, the CSE will mandate instruction and/or related services for the student. This is typically reserved for students with severe disabilities.
   8. Testing accommodations: This section documents changes to the way the student will take tests to allow them to demonstrate their skills. Some accommodations include separate location, additional testing, test questions read, use of a scribe and breaks.
   9. Participation in State and District wide Assessments: All students must participate in standardized assessment to demonstrate their proficiency in academic skills. However, the CSE will mandate alternate assessment for students with severe disabilities. The CSE must explain the implications of alternate assessment to the parents.
   10. Special transportation: The CSE may mandate specialized transportation to enable a student with a disability to safely travel to school.
   11. Placement Recommendation: This section will indicate whether the student will attend a school in the student’s home school district; a specialized placement; a day placement or a residential placement.
   12. Attendance Page: This section will document who attended the CSE meeting and in what format they attended.

3. Review the Finalized IEP and Prior Written Notice. You should review the finalized IEP to ensure it accurately reflects your child’s strengths, weaknesses and functioning. The IEP should reflect the correct classroom program and related services. The IEP should also document your concerns. The Prior Written Notice will include the documents that were reviewed in making the program recommendation. Let the CSE chair know if you have any disagreements or notice inaccuracies and it’s best to document these in writing. If you did not receive a copy of any of the listed documents, you should request a copy.

4. Document any Concerns. If there is anything in the IEP that you have questions about or disagree with, you should write to your CSE regarding your concerns.

5. Know and Exercise your Rights. If you are unable to resolve your concerns and/or disagreements with the CSE, you can exercise your due process rights. Remember there are timelines as you generally only have two (2) years to file a complaint from when you knew or should have known of a violation. You can file for an impartial hearing or may be able to seek mediation. You can also consider filing a state complaint.

We at Littman Krooks wish everyone a positive school year. If you run into obstacles, it’s a good idea to consult with an attorney who focuses on special education law