Once your child is determined to be eligible for special education services under the IDEA, the development of an individualized education program (IEP) will follow to address their specific needs. An IEP is a documented plan outlining your child's special education program, created by the PPT/IEP Team. As a parent, your involvement in forming your child's IEP as a member of this team is crucial. The PPT/IEP Team must evaluate your child's strengths, parental concerns related to education, the latest assessment results, and academic, developmental, and functional requirements. These considerations help craft an IEP aimed at fulfilling your child's unique educational needs.
A meeting to establish the IEP must be held within 30 days after it’s confirmed that your child qualifies for special education services. After the IEP is created, special education services should be provided according to the IEP specifications.
Components of an IEP
The IDEA requires several key elements to be included in your child's IEP:
- A statement of your child’s current levels of academic achievement and functional performance, including how their disability affects participation and progress in the general education curriculum.
- Well-defined annual academic and functional goals tailored to meet your child's educational needs due to their disability and to facilitate progress in the general curriculum.
- A description of how your child’s progress towards meeting these goals will be gauged and the schedule for providing periodic progress reports.
- A statement of the special education and related services to be delivered. This includes any supplemental aids and assistance to be provided, along with necessary program modifications or support for school personnel, to help your child reach annual goals and participate in various educational and extracurricular activities.
- An explanation regarding any circumstances your child might not participate alongside nondisabled peers in regular class settings and other activities.
- Details of any necessary accommodations to accurately assess your child’s academic achievement and functional performance through state and district-wide assessments. If alternative assessment is necessary, the reasons should be clearly outlined.
- The projected initiation date for special education services, along with the frequency, location, and duration of those services.
- For students at least 16 years old, a yearly updated statement of measurable postsecondary goals related to education, employment, and, when applicable, independent living skills. Before a child reaches the age of majority, they must be informed of any rights under IDEA that will transfer to them.
Although the aforementioned elements are mandated in your child's IEP, additional methods to optimize educational outcomes should be incorporated when necessary. The PPT/IEP Teams are tasked with addressing each child’s unique needs and devising supplementary activities beyond the mandated requirements to develop an effective IEP. Parents are entitled to receive a free copy of the IEP within five school days following any PPT/IEP Team meeting concerning its development or revision.
Implementation and Review
Your local education agency (LEA) must ensure that each involved teacher or related service provider has access to your child’s IEP. Educators and providers should be informed about their specific responsibilities and the required accommodations, modifications, and support needed for your child.
The IDEA mandates regular reviews and revisions of a child’s IEP by the PPT/IEP Team, at minimum annually, to assess if the annual goals are being achieved. Furthermore, the LEA is tasked with amending the IEP to effectively address:
- Any lack of expected progress toward the annual goals.
- Any lack of expected progress within the general curriculum.
- Evaluation results.
- Information provided by parents.
- Anticipated future needs of the child.
Regular education teachers, as part of the PPT/IEP Team, must participate in reviewing and revising the IEP. Following an annual meeting, the IEP might be altered without convening another IEP meeting, by mutual agreement between parents and the LEA, through a written document amending the existing IEP. Parents should receive the amended IEP document within five school days.
Transitioning Between Schools
If you are relocating to a different school district in Connecticut or out of state, there are specific protocols that the new LEA must follow to ensure a smooth transition concerning your child’s IEP. Should your child transfer to a new school within the same state, that institution must continue providing Free Appropriate Public Education (FAPE) in alignment with the prior school’s IEP until the new school adopts or creates a new IEP that complies with IDEA and state laws. If relocating to another state, similar protocols apply, although the new district might conduct its own evaluation under IDEA to decide on creating a new IEP according to state laws.
To facilitate the transition between schools, the new institution must promptly request your child's educational records containing the existing IEP and related documents. The previous school district should respond promptly to these requests from the new school.
Contact Us
If you have any questions regarding special education IEPs in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
