What is the IEP process?

Page 3: The IEP Process

Recall that the purpose of the procedural requirements is to make certain that the IEP process is followed in order to develop high-quality IEPs. Before they begin this process, however, educators should be familiar with some basic information about pre-referral practices and the guiding principles behind IDEA.

Pre-Referral

When a child exhibits learning or behavior difficulties, teachers first try to determine whether systematic changes to instruction or other aspects of the learning environment are sufficient to address them. This is referred to as the pre-referral process, a team-based approach many schools use to help classroom teachers implement interventions for students with academic or behavioral problems. For some students, these minor changes are enough, and no further interventions are required. For others, though, the pre-referral process leads to a formal referral to be evaluated for special education services. (To learn more about the pre-referral process, see the link to the IRIS Module listed in the IEP Toolbox at the bottom of this page.)

The Six Guiding Principles of IDEA

The guiding principles of IDEA provide overarching guarantees to students with disabilities and their families that must be adhered to during the IEP process. There are six guiding principles, some of which were introduced on earlier pages but are described in more detail below.

1. Complete, individualized evaluation: All areas of the suspected disability must be assessed, including any specific parental concerns. The results of this assessment must be comprehensive enough to identify all of the student’s relevant academic and functional needs in order to guide future instructional decisions.
2. Free appropriate public education (FAPE): Each eligible student with a disability—one whose disability adversely affects school performance—is entitled to FAPE that is individualized to meet his or her unique needs and provided in conformity with that student’s IEP.
3. Individualized education program (IEP): An IEP is a written statement of the special education services provided to meet the unique needs of a student with a disability between the ages of 3 and 21. The IEP, a blueprint of the student’s FAPE, is developed in collaboration with the student’s parents.
4. Least restrictive environment (LRE): FAPE is to be provided alongside peers without disabilities in the general education settings to the greatest extent possible. Removal from the general education setting should only occur in instances when the nature or severity of the disability is such that an appropriate education cannot be satisfactorily achieved in that setting, even with the use of supplementary aids and services.
   x

   least restrictive environment (LRE)

   One of IDEA’s six guiding principles; requires that students with disabilities be educated with their non-disabled peers to the greatest appropriate extent.

5. Parent participation: The most basic of IDEA’s requirements is that parents are full and equal participants with the school district personnel on their child’s IEP team—a group that includes a variety of education professionals, the student’s parents, and the student, when appropriate.
6. Procedural safeguards: In addition to the right to active participation, parents have additional rights that include:
   • Giving informed written consent for their child to be evaluated, and to seek an independent evaluation if they feel compelled to do so
   • Access to their child’s educational records
   • Dispute resolution through steps that can include state complaint, mediation, a resolution session, and/or a due process hearing
     x

     state complaint

     A procedure in which parents may file a complaint to an official state agency to report a possible violation of IDEA; part of IDEA’s procedural safeguards for parents, complaints will be reviewed and investigated by state personnel.

     x

     mediation

     When parents and school personnel disagree on a special education issue, a trained impartial mediator helps them negotiate a solution that is acceptable to both.

     x

     resolution session

     An option within IDEA’s procedural safeguards for parents; an intermediary step between mediation and a due process hearing in which the school district convenes a meeting with the parents and relevant IEP team members to discuss and attempt to resolve a complaint.

     x

     due process hearing

     Part of IDEA’s procedural safeguards for parents that is used when resolution sessions are not successful in resolving a disagreement about a special education issue; an impartial hearing officer listens to both parties, examines the issues, and then makes a ruling.

   • Explanation of these rights in writing, and in their native language when possible

These guarantees are included in IDEA to ensure that each student with a disability receives the individualized FAPE to which he or she is entitled. To satisfy the requirements of the law, these provisions must be adhered to throughout the IEP process.

Steps of the IEP Process

As we pointed out above, IDEA provides overarching guarantees to students with disabilities and their parents that are intertwined with the IEP process. The IEP process involves a series of formal steps, each with clear guidelines on how and when the IEP should be developed. By following this overall process, schools abide by the procedural requirements of IDEA. These steps are briefly outlined in the table below.

Though IDEA requires states to meet its requirements, the law does allow states to interpret, apply, and pass their own laws regarding students with disabilities. State special education laws are not allowed to contradict or provide less than what IDEA stipulates; however, they can provide more. In cases in which state laws exceed IDEA’s protections, special educators in the state must follow those laws. For example, IDEA requires that secondary transition planning be part of the IEP process when a student turns 16. In South Carolina, however, state law requires that transition planning must be included no later than the first IEP to be in effect after the student turns 13, while Tennessee requires this by age 14. Special educators must adhere to their state’s age requirement for transition planning.

To help administrators, teachers, and parents understand and adhere to their state’s special education laws, most states publish guides to special education that can be found on their websites. In addition, all states have an OSEP-funded Parent Training and Information Center (PTI) that can provide this information.

This toolbox describes additional resources related to the information presented on this page. These resources are provided for informational purposes only for those who wish to learn more about the topic(s). It is not necessary for those working through this module to read or refer to all of these additional resources to understand the content. The Pre-referral Process: Procedures for Supporting Students with Academic and Behavioral Concerns This IRIS Module highlights the benefits of the pre-referral process and outlines the six stages most commonly involved in its implementation. Find Your Parent Center The Center for Parent Information & Resources (CPIR) hosts an interactive site that can be used to identify the Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs) for each state and territory.