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Disability Suspected
The first step in the identification process is suspicion of a disability among a student. This can be due to, but not limited to, failure to pass a vision/hearing test, lack of achievement on tests or classroom activities, receiving persistent behavioral and/or academic warnings and/or suspensions, failing classes, inability to progress, or participate in activities. A referral can commence at any time and by any person who suspects that a disability may be present based on these factors. -
Disposition of Referral
Once the school district is aware of a referral, the IEP team is required to meet within 15 business days to determine whether the school can meet the educational services the student requires to receive a FAPE. This can include counselling, academic groups, or whether a disability may be present and a formal evaluation is required to determine of a disability is present. Within this period. the district must give parents written notice of the decisions made by the IEP team to provide a FAPE. -
Initial Evaluation
Once parental consent is given, the evaluation process begins. The student is given a full and individualize evaluation to determine eligibility for special education services and to identify any emotional, physical, or academic needs. The student's educational history is first reviewed, including previous instances to have acquired the skills that the student lacks. The team then considers previous evaluations, current assessments, observations, and recommendations by the general ed. teacher. -
Determination of Additional Testing
The IEP team then determines if any additional testing is required through examination of the previously collected reports. This can include observations, reevaluations, assessments, and a summary of the findings. These reports must be sent to parents 5 days before the meeting which this is discussed shall commence. For initial evaluations, this process must be completed in 60 calendar days after the district receives the parents' written consent for evaluation. -
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Reevaluation Requirements
A student must be reevaluated at a minimum of every three years, unless a parent or other IEP team member request a reevaluation, the least restrictive environment requires a reevaluation, and/or the IEP team is considering removing the student's eligibility for special education services. Some reevaluations cab be deemed unnecessary. -
Determination of Eligibility
After all evaluations are complete, a written summary of the results is developed. All other information available is considered by the IEP team to determine if the student has a disability and if he/she is eligible for special education services. In order to be eligible for services, students must be between ages 3 - 21, and have not earned a high school diploma. The student must then have one or more disabilities in specific categories. -
Determination of Eligibility: Disability Categories
A student who can receive special education services must meet the definition of having one or more of the following disabilities: autism, intellectual disability, deafness, speech/language impairment, emotional disturbance, orthopedic impairment, traumatic brain injury, visual impairment, specific learning disability, or other health impairment such as ADHD. -
Development of the IEP
If the student is eligible for special education services, the IEP team must develop the IEP within 30 days of the determination of eligibility. After an IEP is developed, it is renewed annually at a minimum, but any member of the IEP team can schedule a meeting to discuss the document at any point. -
Development of the IEP: Special Factors
Special factors in an IEP must be considered during its development and can be specifically addressed. These can include, but are not limited to: the student's behavior and if it hinders his/her or peers' learning, whether limited English language proficiency is present, instruction in Braille if the student is blind, communication needs of the student, and appropriate assistive technology. The least restrictive environment must also be considered. -
The Components of the IEP
An IEP must contain: the student's present academic levels of achievement and annual goals, benchmarks for these goals, how the progress will be measured, explanation of the services and support, projected dates for such services to commence, length of school year to implement the IEP, types of services provided, transition services (for students ages 14 and older), and signatures of parents of students consenting to receive the services. -
Finalizing the IEP
Parents of the student have up to 14 days to review and sign the document, or to rebut/change any portion of the document. Another meeting is called in order to discuss this. Partial consent may be provided by the parents, implementing portions of the IEP. This must be included with a submission of a reason why refusal was given. All other portions if the IEP may be implemented if the parent has given consent. If consent is refused on the IEP, the most recent placement shall remain in place. -
Determination of Educational Placement
Once the IEP is signed and implemented, the least restrictive environment (LRE) is determined. Students with disabilities are educated in the general education setting while in a different environment when necessary. When education of the child requires a different setting, the IEP team must make appropriate placements. Parents may consent to a placement or refuse consent until one is agreed upon by all parties involved. A parent may file for an extension if a LEA cannot be agreed upon. -
Refusal of Consent: Extension
A parent must provide notice, in writing, with refusal to some or all of the determination of the LEA. This must be submitted to the school no later than 14 days that the document is created. The parent and school may agree on a reasonable mutual extension of the document in order to negotiate a compromise to the plan. -
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Benchmark Achievements
Benchmarks are events that have short-term goals for the student. They generally include academic, behavioral/emotional, and/or social goals. The IEP contains periodic benchmarks for achieving the annual goals, and the teachers ensure that the student needs to meet these short-term goals in order to meet the annual goal. The IEP team can adjust the benchmarks/goals at any time in order to better suit the needs of the student as the school year progresses. -
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Monitoring of Progress
Monitoring of the student's progress is an ongoing feat from the implementation of the IEP to the annual review of the document. Benchmark statements and the student's progress toward these goals is noted. This includes, but is not limited to: reviewing the student's schoolwork, tracking progress toward the benchmarks, considering differentiated testing strategies, collaborating with the general education teacher, and maintaining communication among parents and faculty working with the student.
