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An IEP stands for Individualized Education Program, which is a plan or program developed to ensure that a child with an identified disability who is attending an elementary or secondary educational institution receives specialized instruction and related services. The IEP is developed by a team of individuals from various educational disciplines, the child with a disability, family members, and/or designated advocates. The purpose of an IEP is to lay out the special education instruction, supports, and services a student needs to thrive in school. It is more than just a written legal document; it's a map that lays out the program of special education instruction, supports, and services kids need to make progress and thrive in school. An IEP typically includes the following: The involvement and progress of the child with a disability in the general curriculum. All related services for which the child qualifies. Appropriate educational accommodations necessary for the child to be successful. The child's present levels of educational performance. Measurable annual goals and objectives for the child's education. IEPs are covered by special education law, or the Individuals with Disabilities Education Act (IDEA), and are created for eligible kids who attend public school, which includes charter schools. Students who are eligible for special education services need an IEP, and the IEP is a written document that’s developed for each public school child who is eligible for special education. The IEP is created through a team effort and reviewed at least once a year. Having an IEP gives students, families, and schools legal protections, and it lets families be involved in decisions that impact their child’s education. It also gives students rights when it comes to school discipline. The IEP is essentially a personal accountability document that has to be followed very honestly and with fidelity, so that students with disabilities are provided the free, appropriate public education to which they’re entitled under the law.
To be eligible for an IEP, a student must have a disability that affects their ability to learn or access education and require special education services. The eligibility determination must be made by the IEP team, which includes the parents or guardians, the student (if appropriate), teachers, school administrators, and any specialists who may be needed to develop the IEP. The eligibility criteria for an IEP vary by state, but generally, a student must meet two criteria: (1) have a disability and (2) require special education and related services to benefit from the general education program. Under 34 C.F.R. §300.8, a student must be determined to have a disability to qualify for an IEP. The disability categories that qualify a student for an IEP include intellectual disability, hearing impairment (including deafness), speech or language impairment, visual impairment (including blindness), serious emotional disturbance, orthopedic impairment, and autism. In order for a child to qualify for an IEP, there must be a negative educational impact on the child’s performance in school, and the deficits result in the need for specialized instruction/specially designed instruction.
Some common reasons that a request for an IEP may be denied:
- Academic Performance: Some schools may deny an IEP based on the belief that the student is doing well academically and therefore does not need an IEP. However, this is not a valid reason to deny special education support, as the law states that a Free Appropriate Public Education (FAPE) is available to any individual child with a disability who needs special education, regardless of their academic performance
- Academic Performance: Some schools may deny an IEP based on the belief that the student is doing well academically and therefore does not need an IEP. However, this is not a valid reason to deny special education support, as the law states that a Free Appropriate Public Education (FAPE) is available to any individual child with a disability who needs special education, regardless of their academic performance
- Disagreement with Evaluation Results: In some cases, schools may deny an IEP due to a disagreement with the evaluation results or the recommendations of the IEP team.
It's important to note that these reasons are not valid grounds for denying an IEP to a student who legitimately qualifies for one. The law requires that a Free Appropriate Public Education (FAPE) be available to any individual child with a disability who needs special education, and the school must follow the legal requirements for IEPs
It's important to understand that a denial from your school does not mean you are not entitled to an IEP