My Child Is Eligible for Special Ed: Now What?

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

If your child has been found eligible for special education, you are probably asking yourself, “what’s next?” The next step is to meet (within 30 days) with your child’s IEP Team to develop an Individualized Education Program (IEP). An IEP is a mandatory, written statement of the educational program designed to meet your child’s individual needs. The purposes of an IEP are to: a) set reasonable learning goals for your child; and b) state the services that the school district will provide for your child.

WHAT AN IEP INCLUDES

In accordance with the IDEA, your child’s IEP must include specific statements about your child, addressing the following: a) present levels of academic achievement and functional performance; b) annual goals; c) how school personnel will measure your child’s progress towards the annual goals; d) special education and related services to be provided; e) participation with nondisabled children; f) participation in state and district-wide assessments; g) dates and location of services; and h) transition services.

THE IEP TEAM

Your child’s IEP team members will include: a) you, the parents; b) at least one regular education teacher, if your child is (or may be) participating in the regular education environment; c) at least one of your child’s special education teachers or special education providers; d) a representative of the school system who is qualified to provide or supervise the provision of special education, knows about the general curriculum, and knows about the resources the school system has available; e) an individual who can interpret the evaluation results and discuss what instruction may be necessary for your child; f) your child, when appropriate; g) representatives from any other agencies that may be responsible for paying for or providing transition services; and h) other individuals (invited by you or the school) who have knowledge or special expertise about your child.

THE FIRST MEETING

At your first IEP meeting after your child’s evaluation, your child’s IEP team will likely discuss the results of the evaluation, in order to decide what special education services your child needs. Each team member, including you, will have an opportunity to share his or her thoughts and concerns about your child. The team will then decide on the type of special education services your child needs, and the educational and other goals that are appropriate for your child.

The team may also decide that your child needs related services, in addition to special education services. These may include, among others, transportation, speech-language pathology, audiology services, physical therapy, occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, orientation and mobility services, medical services, school health services, social work services, and parent counseling and parent counseling & training. The IEP team may also discuss additional special factors, including your child’s behavior, language or communication needs, and visual or hearing impairments. Finally, you child’s IEP team may discuss whether your child needs assistive technology devices or services, such as electronic talking boards or computers with special software.

MOVING FORWARD

After these discussions, the IEP team will write your child’s IEP, which will list the services that the school will provide, and where they will be provided. The decision regarding your child’s placement must be made each year, based on his or her IEP, and you have the right to participate in the decision-making process. If your child cannot be educated in the regular classroom, with supplementary aids and services, then your child may be placed outside of the classroom. Keep in mind that the school cannot begin special education services without your written consent.

Your child’s progress in special education services will be reviewed at least once a year, and his or her IEP will be modified as needed. However, if you have any concerns with your child’s current IEP or its implementation, you may request a review or revision at any time.

If you have any concerns with your child’s IEP, contact the experienced education law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge your child needs at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.