# data[].attributes.body
Individualized Education Programs are tailored to meet the educational needs of a student who qualifies for Special Education Services in K-12.  In my field as an Educational Leadership with Principal Certification, I will be attending Admission Review Dismissal meetings, and IEP's will be discussed and decided.

This IEP padlet will serve the audience of parents and educators of students receiving these services.  This topic is extremely important to educators and families, so that they will comprehend student's rights and educator's responsibilities.

# data[].attributes.body
As a student qualifying for Special Education services, IEP's are created to fit a student's academic needs.  The IEP's are provided for students, so that they can meet goals and learn the Texas Essential Knowledge and Skills in classes.   In ARD meetings, parents are advocates for their child's learning. If educators fail to provide the services mandated in ARD meetings, they will be held legally responsible for their failure to provide IEP's.

# data[].attributes.body
National Association of Special Education Teachers provides a variety of resources for teachers in the field.  In addition to providing resources, NASET provides Special Education teachers the opportunity to get certified in IEP development, which is a BCIEP.

National Association of Special Education Teachers: Board Certification in IEP Development (BCIEP) (naset.org)

# data[].attributes.attachment_link.readable_text
Start Today - Earn Your Board Certification in IEP Development (BCIEP)! - Click Here

In special education, the IEP is the cornerstone of a quality education for each child with a disability . Every year, 7.2 million IEP's are written, and the level of competence required for this legal document should never be underestimated. To create an effective IEP, parents, teachers, other school staff--and often the student--must come together to look closely at the student's unique needs. However, it is the final responsibility of every special educator to competently put together this multipage document with required sections defined under the law. Therefore, since changes to special education law change frequently, all special educators should have the most up-to-date information and be as trained as possible to ensure that the IEP developed will be in every students best interests and meet their specific unique needs.

Each public-school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities.

The IEP process is considered to be one of the most critical elements to ensure effective teaching, learning, and better results for all children with disabilities. NASET's Board Certification in IEP Development (BCIEP) is designed to specifically help special educators involved in the education of a child with a disability to develop and carry out an IEP. The information in this program is based on what is required by our nation's special education law--the Individuals with Disabilities Education Act, or IDEA.

The IDEA requires certain information to be included in each child's IEP. It is useful to know, however, that state and local school systems often include additional information in IEPs in order to document that they have met certain aspects of federal or state law. The flexibility that states and school systems have to design their own IEP forms is one reason why IEP forms may look different from school system to school system or state to state. Yet each IEP is critical in the education of a child with a disability.

To create an effective IEP, parents, teachers, other school staff--and often the student--must come together to look closely at the student's unique needs. These individuals pool knowledge, experience and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. NASET's Board Certification in IEP Development (BCIEP) will provide you with the knowledge, skills, and practical abilities to develop and implement IEPs for students receiving special education and related services.

Board Certification in IEP Development is a step-by-step practical program that provides comprehensive professional development of all areas of Individualized Education Programs ( IEP) for students with disabilities receiving special education and related services.

The program assists educators, parents, and state and local educational agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding IEPs for children with disabilities, including preschool-aged children.

Board Certification in IEP Development is divided into 2 sections.

Section I covers all federal guidelines and mandated requirements for IEPs under IDEA.

Section II focuses on the practical knowledge you will need to develop, write, and implement an effective IEP.

Completion of Board Certification in IEP Development provides you with the knowledge, skills and abilities to develop and implement all sections of an IEP.

DISCLAIMER: Although all IDEA mandated sections of an IEP are covered in detail in Board Certification in IEP Development , some states may require more than the federal law with IEP development. The focus of our program is on the federal mandates of an IEP. Specific state coverage mandated by the one in which you work may differ in some areas than the federal mandates. Check your local and state guidelines to see where federal law may vary in IEP development and implementation.

Board Certification in IEP Development (BCIEP) - Links

BCIEP Application Form - Click here

BCIEP Module/Unit Summaries - Click here

BCIEP Requirements and Cost - Click here

BCIEP Payment & Renewal Forms - Click here

# data[].attributes.attachment_link.title
Board Certification in IEP Development (BCIEP)

# data[].attributes.attachment_link.description
National membership org for teachers, professors, and college students involved in special education

# data[].attributes.body
In an article written for US News, Kassab (2021) describes what an IEP is and the process to have one in place for a student with a disability.  In addition to understanding the IEP process, the article provides information on the law as well.  As part of the IDEA Act, evaluations occur to determine eligibility, an IEP, and appropriate services based on the student's ability to perform.

Kassab, S. (2021, October 6). What is an IEP? US News. https://www.usnews.com/education/k12/articles/what-is-an-iep

# data[].attributes.body
In an article written for EduCause, Gao (2021) stresses the importance of updating information electronically and utilizing various software in preparation for annual ARD meetings and IEP monitoring.  Furthermore, by updating information digitally, this allows IEP's to be easily accessible.  To ensure students with disabilities are fully educated, IEP's are reviewed and updated annually.

Gao, N. (2021, August 2). Preparing IEP Documents for Remote, Hybrid, or In-Person Learning.  EduCause Review.  Preparing IEP Documents for Remote, Hybrid, or In-Person Learning | EDUCAUSE Review

# data[].attributes.attachment_link.readable_text
Digital transformation has taken the education sector by storm, and Individualized Education Programs (IEPs) in particular have had to adapt to a much more digital friendly environment. Digital documents can streamline the way schools work with IEP plans.

The Individualized Education Program (IEP) supports students with special needs and enables them to thrive in the right learning environment. Covered by the Individuals with Disabilities Education Act (IDEA), this program is a written-out plan that is carefully developed to meet a student's individual learning needs. An IEP plan is very document heavy and includes many IEP records that parents, teachers, and school administrators are required to have on hand to ensure students succeed under the program.

Foxit Software works to provide school administrators and teachers with the right digital solutions to make their IEP records easily editable, manageable, and accessible at all times. Here are some ways that schools can use Foxit's PDF technology to meet their IEP needs:

Stay Prepared for Annual IEP Update Meetings

IEP records consist of all of the documents related to the individual student's education plan. As a student grows from year to year, all of their records need to be kept and updated to ensure that the student is properly educated. That's why IEP plans are thoroughly reviewed at least once a year through the process of an IEP meeting. During an IEP meeting, parents and school administrators go over how the individual student is responding to their educational plan.

Keeping track of documents and updating them annually is difficult with traditional paper documents. However, with a PDF editor like Foxit PDF Editor Pro, teachers can convert their IEP records into digital documents to keep their information up-to-date and ready for IEP meetings. Teachers can combine all of the plans, progress reports, grades, and medical records into a PDF portfolio. Teachers can also update student progress, develop a finalized IEP plan, and turn it into a PDF document that can be easily and securely shared with parents.

Digital Parent Consent Forms

With every IEP plan, parents are involved in the process to make sure their child is on the right track. As IEP plans are constantly being updated on a yearly basis, parents are required to give their consent for the program. With a PDF editor, teachers can prepare a digital form that can easily be edited and updated every year for parents to sign, making it more convenient for both parties to approve. Instead of printing out parent forms for ink signatures, teachers can create secure PDF forms for parental consent during annual IEP meetings.

Keep Up with IEP Record Changes

IEP records consist of many different documents, such as student identification, health records, restrictions, 504 accommodation plans, etc. Schools and teachers are required to have these documents on hand when working with students with special needs. They are also required to update IEP documents, such as progress reports, consistently. Due to the nature of IEP plans, schools must make daily, monthly, and yearly updates to student progress reports. With a PDF editor, teachers and school administrators can easily make edits to documents and save them properly for easy retrieval. With digital PDF copies, teachers can access their students' IEP records whenever and wherever they are on campus, making it easier and more efficient to work with students. With document-management integrations, teachers can also pull out their PDF documents and edit them on the same platform. Digital documents enable teachers to spend less time on inefficient workflows and more time on educating their students properly.

Share IEP Documents Securely and Convert Them from Paper to Digital

Keeping IEP documents secure and in the right hands is crucial for schools. Under the Family Educational Rights and Privacy Act (FERPA), schools must protect the private information of their students, and with IEP records that include detailed student information, schools must ensure that only qualified personnel can view those documents. Not only are digital IEP records easier to use, they also provide a number of additional benefits. Teachers can protect PDF documents with password protection and document restrictions. They can redact confidential information, restrict digital files from being printed, and give document access to certain individuals such as qualified teachers and parents. Filing paper documents in locked cabinets is less secure and more impractical as teachers must constantly retrieve them while working with the student.

Maintain and Archive IEP Documents

IEP records need to be stored and archived for the student even after the student graduates. Having these records saved and properly archived is essential for school administrators. Foxit PDF Editor Pro can compress every student record into a smaller file size without degrading or ruining the content of the document, making it ideal for storage. School administrators can also add headers, footers, Bates numbering, and timestamps to their records to make them easier to retrieve when needed, thus making the IEP update process faster and much more efficient. This way, schools can make sure their documents won't get lost for the next school year.

Foxit Software: The Leading Adobe Acrobat Alternative Worldwide

Join the more than 650 million users who have made the switch to Foxit. Learn more about Foxit PDF Education Solutions at https://www.foxit.com/solution/education/.

Nancy Gao is the Product Marketing Manager, Education Business Unit, at Foxit Software.

# data[].attributes.attachment_link.title
Preparing IEP Documents for Remote, Hybrid, or In-Person Learning

# data[].attributes.attachment_link.description
Digital transformation has taken the education sector by storm, and Individualized Education Programs (IEPs) in particular have had to adapt to a much

# data[].attributes.body
Individuals with Disabilities Education Act of 2004

Federal Statute

Section 1414 - Individuals with Disabilities Education Act

IDEA is the law that provides children with disabilities with an education as well as special education services to assist them throughout their schooling.  Under the IDEA Act, the Individualized Education Program will state the student's current academic achievement, performance ability, and activities as well as how the child's disability impacts his or her ability to perform on grade level.  The IEP will state the services the student receive, so that the staff members will know which modifications to apply and the personnel staff involved.

Individuals with Disabilities Education Act of 2004, 20 U.S.C.§1414

# data[].attributes.attachment_link.provider_name
Individuals with Disabilities Education Act

# data[].attributes.attachment_link.readable_text
§1414. Evaluations, eligibility determinations, individualized education programs, and educational placements

(a) Evaluations, parental consent, and reevaluations

(1) Initial evaluations

(A) In general

A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this subchapter.

(B) Request for initial evaluation

Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

(C) Procedures

(i) In general

Such initial evaluation shall consist of procedures-

(I) to determine whether a child is a child with a disability (as defined in 1401 of this title) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and

(II) to determine the educational needs of such child.

(ii) Exception

The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if-

(I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child's previous local educational agency as to whether the child is a child with a disability (as defined in section 1401 of this title), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent local educational agency agree to a specific time when the evaluation will be completed; or

(II) the parent of a child repeatedly fails or refuses to produce the child for the evaluation.

(D) Parental consent

(i) In general

(I) Consent for initial evaluation

The agency proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability as defined in section 1401 of this title shall obtain informed consent from the parent of such child before conducting the evaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services.

(II) Consent for services

An agency that is responsible for making a free appropriate public education available to a child with a disability under this subchapter shall seek to obtain informed consent from the parent of such child before providing special education and related services to the child.

(ii) Absence of consent

(I) For initial evaluation

If the parent of such child does not provide consent for an initial evaluation under clause (i)(I), or the parent fails to respond to a request to provide the consent, the local educational agency may pursue the initial evaluation of the child by utilizing the procedures described in section 1415 of this title, except to the extent inconsistent with State law relating to such parental consent.

(II) For services

If the parent of such child refuses to consent to services under clause (i)(II), the local educational agency shall not provide special education and related services to the child by utilizing the procedures described in section 1415 of this title.

(III) Effect on agency obligations

If the parent of such child refuses to consent to the receipt of special education and related services, or the parent fails to respond to a request to provide such consent-

(aa) the local educational agency shall not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide such child with the special education and related services for which the local educational agency requests such consent; and

(bb) the local educational agency shall not be required to convene an IEP meeting or develop an IEP under this section for the child for the special education and related services for which the local educational agency requests such consent.

(iii) Consent for wards of the State

(I) In general

If the child is a ward of the State and is not residing with the child's parent, the agency shall make reasonable efforts to obtain the informed consent from the parent (as defined in section 1401 of this title) of the child for an initial evaluation to determine whether the child is a child with a disability.

(II) Exception

The agency shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine whether the child is a child with a disability if-

(aa) despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child;

(bb) the rights of the parents of the child have been terminated in accordance with State law; or

(cc) the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

(E) Rule of construction

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(2) Reevaluations

(A) In general

A local educational agency shall ensure that a reevaluation of each child with a disability is conducted in accordance with subsections (b) and (c)-

(i) if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(ii) if the child's parents or teacher requests a reevaluation.

(B) Limitation

A reevaluation conducted under subparagraph (A) shall occur-

(i) not more frequently than once a year, unless the parent and the local educational agency agree otherwise; and

(ii) at least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary.

(b) Evaluation procedures

The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) of section 1415 of this title, that describes any evaluation procedures such agency proposes to conduct.

(2) Conduct of evaluation

In conducting the evaluation, the local educational agency shall-

(A) use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining-

(i) whether the child is a child with a disability; and

(ii) the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities;

(B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and

(C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(3) Additional requirements

Each local educational agency shall ensure that-

(A) assessments and other evaluation materials used to assess a child under this section-

(i) are selected and administered so as not to be discriminatory on a racial or cultural basis;

(ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;

(iii) are used for purposes for which the assessments or measures are valid and reliable;

(iv) are administered by trained and knowledgeable personnel; and

(v) are administered in accordance with any instructions provided by the producer of such assessments;

(B) the child is assessed in all areas of suspected disability;

(C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and

(D) assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such children's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

(4) Determination of eligibility and educational need

Upon completion of the administration of assessments and other evaluation measures-

(A) the determination of whether the child is a child with a disability as defined in section 1401(3) of this title and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and

(B) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.

(5) Special rule for eligibility determination

In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is-

(A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 6368(3) of this title, as such section was in effect on the day before December 10, 2015);

(B) lack of instruction in math; or

(C) limited English proficiency.

(6) Specific learning disabilities

(A) In general

Notwithstanding section 1406(b) of this title, when determining whether a child has a specific learning disability as defined in section 1401 of this title, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.

(B) Additional authority

In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs (2) and (3).

(c) Additional requirements for evaluation and reevaluations

(1) Review of existing evaluation data

As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team and other qualified professionals, as appropriate, shall-

(A) review existing evaluation data on the child, including-

(i) evaluations and information provided by the parents of the child;

(ii) current classroom-based, local, or State assessments, and classroom-based observations; and

(iii) observations by teachers and related services providers; and

(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine-

(i) whether the child is a child with a disability as defined in section 1401(3) of this title, and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;

(ii) the present levels of academic achievement and related developmental needs of the child;

(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.

(2) Source of data

The local educational agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under paragraph (1)(B).

(3) Parental consent

Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D), prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond.

(4) Requirements if additional data are not needed

If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the local educational agency-

(A) shall notify the child's parents of-

(i) that determination and the reasons for the determination; and

(ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs; and

(B) shall not be required to conduct such an assessment unless requested to by the child's parents.

(5) Evaluations before change in eligibility

(A) In general

Except as provided in subparagraph (B), a local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.

(B) Exception

(i) In general

The evaluation described in subparagraph (A) shall not be required before the termination of a child's eligibility under this subchapter due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law.

(ii) Summary of performance

For a child whose eligibility under this subchapter terminates under circumstances described in clause (i), a local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

(d) Individualized education programs

(1) Definitions

In this chapter:

(A) Individualized education program

(i) In general

The term "individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes-

(I) a statement of the child's present levels of academic achievement and functional performance, including-

(aa) how the child's disability affects the child's involvement and progress in the general education curriculum;

(bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and

(cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

(II) a statement of measurable annual goals, including academic and functional goals, designed to-

(aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and

(bb) meet each of the child's other educational needs that result from the child's disability;

(III) a description of how the child's progress toward meeting the annual goals described in subclause (II) will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

(IV) a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child-

(aa) to advance appropriately toward attaining the annual goals;

(bb) to be involved in and make progress in the general education curriculum in accordance with subclause (I) and to participate in extracurricular and other nonacademic activities; and

(cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this subparagraph;

(V) an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in subclause (IV)(cc);

(aa) a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 1412(a)(16)(A) of this title; and

(bb) if the IEP Team determines that the child shall take an alternate assessment on a particular State or districtwide assessment of student achievement, a statement of why-

(AA) the child cannot participate in the regular assessment; and

(BB) the particular alternate assessment selected is appropriate for the child;

(VII) the projected date for the beginning of the services and modifications described in subclause (IV), and the anticipated frequency, location, and duration of those services and modifications; and

(VIII) beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter-

(aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

(bb) the transition services (including courses of study) needed to assist the child in reaching those goals; and

(cc) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child's rights under this chapter, if any, that will transfer to the child on reaching the age of majority under section 1415(m) of this title.

(ii) Rule of construction

Nothing in this section shall be construed to require-

(I) that additional information be included in a child's IEP beyond what is explicitly required in this section; and

(II) the IEP Team to include information under 1 component of a child's IEP that is already contained under another component of such IEP.

(B) Individualized education program team

The term "individualized education program team" or "IEP Team" means a group of individuals composed of-

(i) the parents of a child with a disability;

(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);

(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;

(iv) a representative of the local educational agency who-

(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(II) is knowledgeable about the general education curriculum; and

(III) is knowledgeable about the availability of resources of the local educational agency;

(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);

(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(vii) whenever appropriate, the child with a disability.

(C) IEP Team attendance

(i) Attendance not necessary

A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

A member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if-

(I) the parent and the local educational agency consent to the excusal; and

(II) the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

(iii) Written agreement and consent required

A parent's agreement under clause (i) and consent under clause (ii) shall be in writing.

(D) IEP Team transition

In the case of a child who was previously served under subchapter III, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the subchapter III service coordinator or other representatives of the subchapter III system to assist with the smooth transition of services.

(2) Requirement that program be in effect

(A) In general

At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in the agency's jurisdiction, an individualized education program, as defined in paragraph (1)(A).

(B) Program for child aged 3 through 5

In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year-old child with a disability who will turn age 3 during the school year), the IEP Team shall consider the individualized family service plan that contains the material described in section 1436 of this title, and that is developed in accordance with this section, and the individualized family service plan may serve as the IEP of the child if using that plan as the IEP is-

(i) consistent with State policy; and

(ii) agreed to by the agency and the child's parents.

(C) Program for children who transfer school districts

(i) In general

(I) Transfer within the same State

In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.

(II) Transfer outside State

In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.

(ii) Transmittal of records

To facilitate the transition for a child described in clause (i)-

(I) the new school in which the child enrolls shall take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and

(II) the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.

(3) Development of IEP

(A) In general

In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider-

(i) the strengths of the child;

(ii) the concerns of the parents for enhancing the education of their child;

(iii) the results of the initial evaluation or most recent evaluation of the child; and

(iv) the academic, developmental, and functional needs of the child.

(B) Consideration of special factors

The IEP Team shall-

(i) in the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

(iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

(v) consider whether the child needs assistive technology devices and services.

(C) Requirement with respect to regular education teacher

A regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports, and other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with paragraph (1)(A)(i)(IV).

(D) Agreement

In making changes to a child's IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the local educational agency may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child's current IEP.

(E) Consolidation of IEP Team meetings

To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(F) Amendments

Changes to the IEP may be made either by the entire IEP Team or, as provided in subparagraph (D), by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.

(4) Review and revision of IEP

(A) In general

The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team-

(i) reviews the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and

(ii) revises the IEP as appropriate to address-

(I) any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;

(II) the results of any reevaluation conducted under this section;

(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B);

(IV) the child's anticipated needs; or

(V) other matters.

(B) Requirement with respect to regular education teacher

A regular education teacher of the child, as a member of the IEP Team, shall, consistent with paragraph (1)(C), participate in the review and revision of the IEP of the child.

(5) Multi-year IEP demonstration

(A) Pilot program

The purpose of this paragraph is to provide an opportunity for States to allow parents and local educational agencies the opportunity for long-term planning by offering the option of developing a comprehensive multi-year IEP, not to exceed 3 years, that is designed to coincide with the natural transition points for the child.

(ii) Authorization

In order to carry out the purpose of this paragraph, the Secretary is authorized to approve not more than 15 proposals from States to carry out the activity described in clause (i).

(I) In general

A State desiring to participate in the program under this paragraph shall submit a proposal to the Secretary at such time and in such manner as the Secretary may reasonably require.

The proposal shall include-

(aa) assurances that the development of a multi-year IEP under this paragraph is optional for parents;

(bb) assurances that the parent is required to provide informed consent before a comprehensive multi-year IEP is developed;

(cc) a list of required elements for each multi-year IEP, including-

(AA) measurable goals pursuant to paragraph (1)(A)(i)(II), coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general education curriculum and that will meet the child's other needs that result from the child's disability; and

(BB) measurable annual goals for determining progress toward meeting the goals described in subitem (AA); and

(dd) a description of the process for the review and revision of each multi-year IEP, including-

(AA) a review by the IEP Team of the child's multi-year IEP at each of the child's natural transition points;

(BB) in years other than a child's natural transition points, an annual review of the child's IEP to determine the child's current levels of progress and whether the annual goals for the child are being achieved, and a requirement to amend the IEP, as appropriate, to enable the child to continue to meet the measurable goals set out in the IEP;

(CC) if the IEP Team determines on the basis of a review that the child is not making sufficient progress toward the goals described in the multi-year IEP, a requirement that the local educational agency shall ensure that the IEP Team carries out a more thorough review of the IEP in accordance with paragraph (4) within 30 calendar days; and

(DD) at the request of the parent, a requirement that the IEP Team shall conduct a review of the child's multi-year IEP rather than or subsequent to an annual review.

Beginning 2 years after December 3, 2004, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate regarding the effectiveness of the program under this paragraph and any specific recommendations for broader implementation of such program, including-

(i) reducing-

(I) the paperwork burden on teachers, principals, administrators, and related service providers; and

(II) noninstructional time spent by teachers in complying with this subchapter;

(ii) enhancing longer-term educational planning;

(iii) improving positive outcomes for children with disabilities;

(iv) promoting collaboration between IEP Team members; and

(v) ensuring satisfaction of family members.

(C) Definition

In this paragraph, the term "natural transition points" means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to secondary school grades, and from secondary school grades to post-secondary activities, but in no case a period longer than 3 years.

(6) Failure to meet transition objectives

If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(i)(VIII), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

(7) Children with disabilities in adult prisons

(A) In general

The following requirements shall not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(i) The requirements contained in section 1412(a)(16) of this title and paragraph (1)(A)(i)(VI) (relating to participation of children with disabilities in general assessments).

(ii) The requirements of items (aa) and (bb) of paragraph (1)(A)(i)(VIII) (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this subchapter will end, because of such children's age, before such children will be released from prison.

(B) Additional requirement

If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 1412(a)(5)(A) of this title and paragraph (1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(e) Educational placements

Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.

(f) Alternative means of meeting participation

When conducting IEP team meetings and placement meetings pursuant to this section, section 1415(e) of this title, and section 1415(f)(1)(B) of this title, and carrying out administrative matters under section 1415 of this title (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.

# data[].attributes.attachment_link.title
Section 1414 - Individuals with Disabilities Education Act

# data[].attributes.attachment_link.description
Statute/Regs Main " Statute " Subchapter II (Part B) " 1414§1414.

# data[].attributes.body
Board of Education v. Rowley 458 U.S. 176 (1982)

Judicial Law

The Board of Education v. Rowley determined the student must receive a free appropriate public education suitable for his or her disability and academic needs.  Justice White determined Rowley was provided a FAPE.  However, the services provided under the IDEA Act did not allow her to perform to her potential.

Under the FAPE, each state must ensure that a child with a disability is receiving appropriate services. These services begin at the age of 3.

# data[].attributes.body
Texas Administrative Code

19. Tex. Admin. Code § 89.1055

Administrative

https://tea.texas.gov/about-tea/laws-and-rules/commissioner-rules-tac/coe-tac-currently-in-effect/ch089aa.pdf

If a student in a general class is experiencing difficulty with interventions, the student shall be further evaluated.  Once the student is evaluated, results will determine if the student qualifies for Special Education services.  As a result, for qualifying and parents consenting, support services deemed appropriate will be provided. An Individualized Education Program is created for the student.

# data[].attributes.body
Equal Protection Clause

U.S. Const. amend. XIV

Constitutional

https://constitution.congress.gov/constitution/amendment-14/

The 14th Amendment provides equal protection to the citizens.  The United States and states individually will protect citizens and not deprive them of their rights. Therefore, under the IDEA Act and FAPE, students with disabilities have a right to an education and shall receive services according to their disability and IEP.

# data[].attributes.body
Kerrville ISD Board Policy Manual

Administrative Law

Policy Code EHBAB – Special Education: ARD Committee and Individualized Education Program – Kerrville ISD Board
Policy Manual - Policy Online (tasb.org)

According to the policy, a student will receive an individualized education program per Special Education services and qualifications.  The IEP will provide the student’s academic achievement and performance ability.  Furthermore, the IEP will include appropriate modifications for the student.

Kerrville ISD (2022) Board Policy Manual.  https://pol.tasb.org/PolicyOnline/PolicyDetails?key=768&code=EHBAB#legalTabContent

# data[].attributes.attachment_link.title
Policy Code EHBAB - Special Education: ARD Committee and Individualized Education Program - Kerrville ISD Board Policy Manual - Policy Online

# data[].attributes.body
According to the Texas Education Agency Educators' Code of Ethics, educators must comply with all laws set forth as well as school board policies. Therefore, students with an IEP must be provided with the modifications and the appropriate services determined during the ARD.  If an educator fails to do so, then he or she is not in compliance with the Educators' Code of Ethics.

Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2

# data[].attributes.body
In an article written for Very Well Health, Jones (2022) discusses the disabilities qualifying for Special Education services and requiring an IEP.  The IEP is written specifically for the student it pertains to and provides services to aide in school success.

Jones, B. (2022, April 28). What Is an Individualized Education Plan (IEP)?  VeryWellHealth.  Individualized Education Plan (IEP): What It Is and Uses (verywellhealth.com)

# data[].attributes.attachment_link.readable_text
An Individualized Education Plan (IEP) helps children with disabilities receive personalized and specific assistance. This written plan allows them to receive special education or other resources needed to be more successful in school.

After a referral, an evaluation is the next step in an IEP and includes multiple factors. Once a child qualifies for an IEP, a written plan is developed and shared among the team. This includes the parent or guardian.

This article discusses the differences between an IEP and 504 plan, who qualifies for an IEP, the evaluation process, services, and what to expect in an IEP meeting.

Differences Between a 504 Plan and an IEP

The IEP and the 504 plan both help support children with disabilities at no cost to families. The IEP falls under a special education law (the Individuals with Disabilities Education Act), while the 504 comes from an anti-discrimination law (the Rehabilitation Act of 1973). A few key differences include:

Consent: Both require permission from a parent or guardian before evaluation, but the IEP requires written consent.

Eligibility: The 504 covers a broader range of disabilities than the IEP's list of 10 disabilities. An IEP is more appropriate for a child who is falling behind academically while a 504 provides a child with disabilities accommodations.

Evaluation: The IEP evaluation process is more formal and lengthy than the 504.

Family notification: Both plans require notice to parents or guardians before a change, meeting, or evaluation. However, the IEP notification must be in writing.

Review: An IEP has to be reviewed yearly and reevaluated every three years. Typically states follow these guidelines for the 504, but it can vary.

Document type: An IEP must be a written document while the 504 does not.

Who creates it: The IEP is more strict about team members than the 504.

What's in it: An IEP is specific about a child's performance, goals, and timing of services provided. The 504 states who provides services and who makes sure the plan is done.

Who Qualifies for an IEP?

Children qualify for an IEP if they have one of 10 disabilities and needs special education or related services. The disability must have a negative impact on their academic performance.

These 10 specific qualifying disabilities include:

ADHD

Autism spectrum disorder (ASD)

Cognitive challenges

Developmental delays

Emotional disorders

Hearing problems

Learning problems

Physical disabilities

Speech or language impairment

Visual problems

While a child could have both an IEP and a 504, it's unusual for them to have both. In general, an IEP plan is for a child who is falling behind academically.

A 504 is available for children with disabilities who don't qualify for special education. These children may have a disability that needs assistance, but they are not struggling to keep up with their learning or schoolwork.

What Is the IEP Evaluation Process?

Typically, someone in the child's life recognizes they struggle in school. This may be their parent, guardian, healthcare provider, teacher, or counselor.

Once there is a referral, the school will meet with the parents and talk with the child. They will pay special attention to how the student is doing in class. This includes their behavior, schoolwork, how they adapt, coping mechanisms, and their ability to pay attention.

If the team decides that tests would help identify the specific areas of concern, they get written permission from the parent or guardian. These tests may include reading, math, speech, language, or developmental skills.

Depending on the child's specific needs, the team members doing the evaluations or testing vary and may include:

Counselors or psychologists

Healthcare providers

Hearing specialists

Occupational therapists

Speech therapists

Teachers or special education educators

Physical therapists

Vision specialists

Testing Types

IEP Services

IEP services are the resources available to support a child with disabilities. Sometimes they involve assistance with traveling to and from school or mobility at school. Other children may need counseling or occupational therapy. While this is not a complete list, the following are common examples of IEP services.

Audiology Services

involves helping children with hearing loss. Services might include identifying a child with hearing problems, evaluating the level of hearing loss, speech and language therapy, and choosing the right hearing aid if appropriate.

Occupational Therapy

Occupational therapists work with children to help them improve, develop, or restore skills or function. Examples of the types of skills the occupational therapists can help children with include:

Re-training of everyday skills (getting dressed, preparing food, managing the household)

Learning and practicing skills for school, work or free time

Movement and perception exercises

Concentration and memory exercises

Manual and creative exercises

Help in structuring your daily routine

Modification of your home or workplace

Using medical aids, such as a walker or prosthesis

Advice and, if needed, guidance for family members

Parent Counseling and Training

Sometimes parents need help understanding their child's unique needs or their disability. In this case, parent counseling and training may be part of an IEP plan.

Training can range from information about how to help a child with anger management or exercises to perform at home.

Psychological Services

Psychological services are frequently provided by or coordinated by the school counselor. The counselor or other trained mental health professional can assist in identifying special needs. They might also develop strategies to help with outbursts, behavior modification, emotional coping skills, and more.

Recreation

These services help children with disabilities learn how to use their recreation and leisure time in a way that is beneficial to them. Recreation services may include after-school or community youth programs. Learning to use leisure time constructively can help improve skills related to the following:

School Health Services

Children with disabilities often require help from school health services for support, such as medication administration, special feedings, managing a tracheostomy , and chronic illness management.

Additional IEP Services

Additional IEP services include:

IEP Meetings: What to Expect

Once the evaluation process is complete and a child is eligible, the school will schedule an IEP team meeting. At this meeting, the team shares information and writes the IEP plan. Team members may include:

Parents or guardians

Teachers

School administrator

Healthcare providers

Therapists

Typically, the school schedules the meeting within 30 days of eligibility and sends written notice to the parent or guardian. The meeting invitation should include the purpose, date, time, location, and team members invited to the meeting. Meetings are usually held at your child's school.

Do Parents Attend the IEP Meeting?

During the meeting, the team reviews the evaluation findings and makes decisions regarding an IEP. If the team moves forward, they will write a plan, and parents or guardians will receive a copy. It's a good idea to put that in a safe place with other important documents so you can refer to it at a later date.

Services are provided based on the plan. The team measures progress through reports they share with parents. They review the plan at least once a year and reevaluate the child every three years.

What If Parents Disagree With the IEP Plan?

An Individualized Education Plan (IEP) helps children with disabilities by providing personalized resources to help them be more successful in school. Once a child is referred, an evaluation period helps determine a child's eligibility for an IEP.

The school typically schedules an IEP team meeting within 30 days of eligibility. Schools invite parents or guardians to the meeting where the plan is written. They review the plan at least once a year and evaluate eligibility every three years.

Services vary based on a child's individual needs. Examples include physical therapy, occupational therapy, anger management, speech-language therapy, and more.

A Word From Verywell

Having a child with disabilities can feel overwhelming at times. While the IEP process may not always be comfortable, it can help you and your child get valuable resources to help them succeed in and out of school.

Anytime you have questions or concerns about the plan, talk with their teacher or principal. You can always request a team meeting if you disagree with the plan. You can also take legal steps if the disagreement is not resolved during the meetings or with mediation.

Frequently Asked Questions

What qualifies a child for an IEP?

Children who have a disability that needs special education or related services qualify for an IEP. In addition, the disability must have a negative impact on their academic performance.

Schools use IEPs to provide specific services to help a child with disabilities who are falling behind academically. The IEP can help overcome barriers to their education. The IEP team measures outcomes and reviews a child's progress.

What are the steps of the IEP process?

Once someone refers a child for an IEP, there is an evaluation process for eligibility. The IEP team, including caregivers or parents, has a meeting to write the plan. Services are provided based on the plan, and reports measure progress. The team reviews the IEP at least once a year and reevaluates the child every three years.

# data[].attributes.attachment_link.title
Individualized Education Plan (IEP): Overview, Process, Uses

# data[].attributes.attachment_link.description
An Individualized Education Plan (IEP) helps children with disabilities receive personalized and specific assistance. This written plan allows them to receive special education or other resources needed to be more successful in school. After a referral, an evaluation is the next step in an IEP and includes multiple factors.

# data[].attributes.headline
Slide #13 Bulleted List of Recommendations/Best Practices for Compliance

# data[].attributes.subject
Slide #13 Bulleted List of Recommendations/Best Practices for Compliance

# data[].attributes.body
Individualized Education Programs are tailored to meet the educational needs of a student who qualifies for Special Education Services in K-12.
*NASET provides resources for Special Education Educators.  Teachers may also get Board Certified in IEP development.
*IEP digital programs provide easy access to educators to monitor support services, modifications, and student progress.
*As part of the IDEA Act, students with a disability have rights to a free education.
*Under the FAPE, each state must ensure a student with a disability is receiving an education appropriate to the child's ability.
*If a student is receiving interventions and is still having a difficult time, the student should be further evaluated.
*If an educator fails to provide appropriate services and modifications, the educator is not in compliance with the Educator's Code of Ethics.