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Individualized Education Program Process
The purpose of the Individualized Education Program (IEP) is to clearly communicate to the parents, the student, and the service providers the type and amount of special education and any necessary related services or supports that will be made available to the student. The most recent evaluation report and current school data is used to develop the annual IEP. The IEP is individualized to reflect the unique needs of the student and how these needs will be addressed. The IEP must be renewed at least annually, but can be amended or revised sooner than one year, when needed.
The IEP documents the specially designed instruction for the student through the development of goals. The determination of which goals will be on the IEP connects directly to the evaluation report. If the evaluation report indicates that the student needs specially designed instruction in reading, behavior and functional skills, then each of these areas must be addressed with goals on the IEP. The evaluation report, should also address the student’s needs for related services. These related services will also be documented on the IEP. Learn more about the connection between the evaluation report and goal writing at here.
In addition to specially designed instruction, the IEP must include:
- related services,
- supplementary aids and services,
- any accommodations and modifications which are necessary for the student to make progress in his/her program,
- a description of how the district will measure student progress,
- when progress will be reported to parents,
- how the student will participate in state and district-wide assessments, and
- whether the student needs extended school year (ESY) services.
The IEP, which will be in effect when a student turns sixteen, must include transition services to enable the student to reach his/her post secondary goals after he or she graduates or leaves high school. The students transition needs must be based on assessments that address training, education, employment and, where appropriate, independent living skills. The IEP must include the necessary transition services, including the courses of study needed by the student to meet the transition goals.
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Topic What the Law Says/Means What the School Needs to Do What Parents Need to Know/Do Required IEP Team Members The IEP team includes: - The parent(s) of the student;
- At least one general education teacher of the student
- One special education teacher or, where appropriate, one special education provider of the student;
- A district representative
- An individual who can interpret the instructional implications of evaluation results;
- Other individuals who have knowledge or special expertise regarding the student, and
- whenever appropriate, the student. The student must be invited to the IEP team meeting when the purpose of the meeting is the consideration of the transition services.
The district must invite, with parent consent, other agency providers who might be paying for or providing transition services.
Districts must also invite Part C representatives if the parent requests.
WAC 392-172A-03095The school district needs to make sure that everyone necessary will be in attendance. If a team member is unable to attend, the district must follow rules related to excusal.
The general education teacher has specific responsibilities in the IEP meeting, including assisting the team in determining appropriate behavioral interventions, supplementary aids and services, program modifications and support for school personnel.
While one staff person may play more than one role on the team, make certain that they have the qualifications and are able to make the necessary decisions at the meeting.
Review the student’s age and needs to determine whether there are other people who should be invited to the meeting. Prepare for the meeting with enough advance time if you need to obtain the parent’s consent to invite other agency personnel who might be paying for or providing transition services.The district will inform you of the meeting and who will be in attendance.
You may invite others who have knowledge or expertise about your child. The determination of who you invite is up to you. It is a good idea to let the district know if someone is attending the meeting with you. The district may also invite others who they think may have special knowledge or expertise. That determination is up to them.
If your child will be receiving special education services for the first time, and was receiving Part C services, the district will invite a Part C representative with your agreement.
If transition services will be addressed, your child will also be invited to attend the meeting. If other outside agencies might be paying for or providing transition services to your child, the district will ask you to provide consent.Member Excused from the Meeting There are two instances in which staff may be excused from IEP meetings. - If a staff person’s curriculum or related service is not being considered at the meeting, and
- If a staff person’s area is under discussion and they submit written information to all team members in advance of the meeting.
For 2., the district must obtain consent from the parent to excuse the team member.
WAC 392-172A-03095The district IEP team members need to make every effort to attend IEP meetings. If they cannot attend, and other meeting dates cannot be arranged, the team member needs to inform the person in charge of arranging the meeting in advance if they are unable to attend the IEP meeting.
The district needs to inform the parent, in advance of the meeting in order to obtain their agreement or consent.
If the staff member’s area is under consideration at the meeting, that staff member must provide information in writing to the parent and other team members before the meeting.If the district asks you to excuse a staff member, consider whether the meeting can proceed without that member in attendance. If you feel that team member needs to attend, do not agree to have the staff member excused.
Work with the district to either reschedule the IEP meeting or to consider whether there are other ways for the staff member to participate.Parent Participation The school district must notify the parents of the meeting early enough so that they may plan to attend. The meeting should be scheduled at a mutually agreeable time and place. If the parents cannot attend, the district must use other methods including video or telephone conferencing. If the district cannot convince the parents to attend, the district can proceed with the meeting without the parent.
When transition will be addressed on the IEP, the notice include information regarding postsecondary goals and transition services will be discussed.
WAC 392-172A-03100Schedule the meeting early enough that parents and team members can coordinate calendars. It is helpful to send information, including draft IEP goals in advance of the meeting so that parents have time to consider the information and make suggestions at the meeting.
The required notification must indicate the purpose, time, and location of the meeting and who will be in attendance.
It must also inform the parent about participation of other individuals on the IEP team who have knowledge or special expertise, and include information about transition, if applicable.Provide options of available dates and times to the district. This will enable the district to select a time when all team members can attend.
IEP team meetings need to be scheduled at mutually agreeable times. In general, given district team members, this means scheduling meetings during school days and school hours and before or after school.
If you do not attend a meeting, and the district has made efforts to obtain your attendance, the district can hold the meeting without you.Special Considerations In developing each student's IEP, the IEP team must consider the: - strengths of the student;
- concerns of the parents
- results of the initial or most recent evaluation of the student; and
- academic, developmental, and functional needs of the student.
- the use of positive behavioral interventions and supports, and other strategies,
- the language needs for a student with limited English proficiency,
- the student's language and communication needs, and
- consider whether the student needs assistive technology devices and services.
WAC 392-172A03110Have a process in place for obtaining parent information and input regarding the special factors, when developing IEPs.
While most of this information should already be provided through the evaluation process collect any additional relevant information regarding the student’s communication skills, including his or her English proficiency or need for signing.
For students who have visual impairments, the staff will need to evaluate the student’s need for Braille.
Consider the need for assistive technology. It an assessment has not been done, and the IEP team believes it is appropriate, begin the process for assessing these needs, so the IEP can be revised if needed.
Determine if the student’s behavior impedes his/her ability to learn, or interferes with the learning of others. If so, then consider positive behavior interventions, supports and other strategies to increase desired behaviors.It is important for you to share new information with the team regarding the communication strategies that work best with your child at home and in other environments.
You often have information regarding behavioral strategies that work at home and in other settings. That information should be shared with the team to enable them to make good decisions regarding behavior.
If there are other special considerations that you have not provided to the team, provide those to the team for consideration.Present Level of Performance The IEP must state the student's present levels of academic achievement and functional performance, including how the student's disability affects the student's involvement and progress in the general education curriculum.
Functional performance can include the student’s ability to advocate, mobility, intelligibility, etc.
For preschool children, the IEP must state how the disability affects the child's participation in appropriate activities.
WAC 392-172A-03090During the evaluation process, and annually, the school staff need to collect information/data about the student that provides information about the present levels of performance. This information is then addressed in the IEP and helps determine baselines for annual goals and progress reporting.
In addition, the staff will need specific information on how the student’s disability affects their participation and progress in general education.Ask team members about the present level of performance which includes how well your child is performing academically, socially and functionally.
If information has not already been provided to you, make sure that you have information about your child’s ongoing progress.Measurable Goals, Benchmarks, and Objectives Goals must be revised at least annually. The goals must be written to directly connect to the evaluation data, current performance and ongoing progress.
A statement of measurable annual goals, including academic and functional goals designed to:- meet the student's needs to enable the student to be involved in and make progress in the general education curriculum;
- meet each of the student's other educational needs that result from the student's disability; and
- for students who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
As a part of developing the IEP, the IEP team members should ensure that all of the areas of need are identified in the evaluation and addressed in the IEP. Those areas that will provided using specially designed instruction must be addressed through the use of measurable goals.
When you serve students who take an alternate assessment, the IEP must include benchmarks or objectives addressing the areas to be assessed.The IEP team meeting, which includes you, is a time for a full discussion of the IEP, including: - goals that will be a part of your child’s program during the year,
- the supports necessary, and
- placement options.
Be thinking about expectations for your child once he/she leaves high school. Discuss this with your child and bring your ideas to the meeting, if he or she is not attending the meeting.
Discuss post-secondary goals with your child and bring your ideas to the meeting.
Be prepared to discus the services your child can access once he/she leaves high school. Your child can access once he/she leaves school.Special Education and Related Services
Supplementary Aids and Services
Program modifications
Supports for school personnelThe IEP includes 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 student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student: - To advance appropriately toward attaining the annual goals;
- To be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities; and
- To be educated and participate with other students including non-disabled students in the activities described in this section.
WAC 392-172A-03090Review the evaluation information/data to ensure that the all of the student’s identified needs are addressed
The school district needs to be prepared to demonstrate the peer reviewed research utilized, if available, to support the delivery of specially designed instruction, related services and supplementary aids and services.
Those needs can be addressed through goals or benchmarks, objectives, supplementary aids and services, related services, supports for school personnel or program modifications.You may ask for information regarding any research that was used by the district when making recommendations for special education, related services or supplementary aides and services.
If you have research that you would like the school to consider in developing the IEP, including the provision of related services or supplementary aids and service, share it with the staff. It would be helpful to staff if you could send the information prior to the meeting so they have adequate time to read and consider the information.Time Spent with General Education Peers An explanation of the extent, if any, to which the student will not participate with non-disabled students in the general education classroom and extracurricular and nonacademic activities.
WAC 392-172A-03090Evaluation data, including functional data, and observations of the student assist the team in determining the amount of time the student will spend in general education. The team should address any limits on the student’s ability to participate in activities. Depending on your child’s needs, the amount of time in special education may vary. If you have questions about participation in the general classroom, be prepared to ask them at the IEP meeting. State and District-wide Assessments The IEP team decides whether the student will take the state and district assessment(s), appropriate accommodations or an alternate assessment.
If the student takes an alternate assessment, the IEP team must write a statement indicating why the student cannot take the regular assessment, the alternate selected and why the alternate assessment is appropriate for the student.
WAC 392-172A-03090Determine whether the regular state or district-wide assessment is appropriate for the student.
If needed, review the alternate assessments available to the student and determine which would be appropriate.
See additional information on the Washington State Assessment for students with disabilities here.Learn about the assessment options that are available for your child.
The information regarding assessment options available for the statewide assessment are available at OSPI.Extended School Year Extended school year services means services which are provided beyond the normal school year, in accordance with the IEP and at no cost to the parent.
The purpose of ESY services is the maintenance of the student's learning skills or behavior, not the teaching of new skills or behaviors.
WAC 392-172A-02020
The IEP must include extended school year services, if determined necessary by the IEP team for the student to receive FAPE.
WAC 392-172A-03090The need for ESY may be based upon the professional judgment of the team and consideration of factors including the nature and severity of the student's disability, rate of progress, and emerging skills, with evidence to support the need.
The student’s providers should collect data to address the student’s ability to retain skills over a period of time without instruction or recoup skills in a reasonable time period. The providers may also recommend ESY for emerging skills.The purpose of ESY services is to ensure maintenance of learning skills or behavior and is not intended to address teaching new skills.
Special education students have a right to participate in the school district’s summer school program. In addition some students might be eligible to receive ESY program.Dates, Location of Services and Frequency Include the projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of those services and modifications.
Terms such as “as needed” are not sufficiently clear to meet the intent of this regulation.
WAC 392-172A-03090The IEP team determines when services will begin. The location of services should be determined for each goal as a student may be able to address one goal area in one environment, but need a different environment to meet another goal. Ask questions regarding all program options available that will meet your child’s needs. Educational Placement The school must ensure that parents are members of any group that makes a decision on the educational placement of the student.
WAC 392-172A-0115Invite parents to any meeting where decisions regarding the student’s educational placement will be made. You will be invited to attend all meetings where your child’s placement will be decided. Transition Beginning not later than the first IEP to be in effect when the student turns sixteen the IEP must include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills. The IEP also must include transition services, including courses of study, needed to assist the student in reaching those goals.
WAC 392-172A-03090
Transition goals must be written based upon assessments for higher education, employment and/or independent living skills.Complete age appropriate transition assessments of the student in relationship to the student’s post secondary interests and skills, in order to develop measurable post secondary goals related to training education, employment and, if needed, independent living skills.
Ensure that the student’s annual goals and services support the student’s transition needs. This includes a discussion about how long the student will remain in school to receive transition services.
Review the students transition needs annually, and update the IEP as needed.Understand how your child’s course of study relates to the transition goals and prepare your child for graduation options. Talk with the IEP team about whether your child will graduate with his/her peers or needs more time.
Listen to your child to determine their interests for after high school. Check with staff to make sure they have talked to your child as well.
Share information with school staff so that they are able to include those interests in any assessment or program development for your child.
Ensure that the transition planning for your child is ongoing, and updated when needed.Age of Majority — 18 years Beginning not later than one year before the student reaches the age of eighteen, the IEP must include a statement that the student has been informed of the student's rights under the act, if any, that will transfer to the student on reaching the age of majority.
WAC 392-172A-03090Have a system to flag IEPs so that this information is conveyed at least one year prior to the student’s 18th birthday. This means that the first notification may be before the student turns 17 (depending on the date of the IEP). Make sure that the parent and student understand that the rights previously exercised by the parent now transfer to the student when he or she turns 18. Also explain to both the parent and the student that when the student turns 18, he or she will have the right to make educational decisions, but all notices that go to the student will also be provided to the parent. In Washington, the age of majority is 18. All individuals are presumed to have the capability of making decisions, including educational decision at this age. There may be children, who based on their specific cognitive levels or other needs may not have the capacity to act on their own behalf.
Parents or other persons may file a court action requesting a guardianship. This is a formal legal proceeding which results in the person losing certain legal rights. Parents should discuss whether this is an appropriate action with an attorney. Washington State regulations also provide for the appointment of a educational representative.Amendments to the IEP The parent and the district may agree not to convene an IEP team meeting for the purposes of making changes to an existing IEP, and instead, may develop a written document to amend or modify the student’s current IEP. Changes may be made by the entire IEP team at a meeting amending the IEP rather than redrafting the entire IEP. IEP amendments are intended to save time by allowing the IEP team to make changes to the existing IEP without having to rewrite the entire IEP.
IEP amendments cannot be made by one person in the absence of the IEP team. Amendments require a meeting, including the parent.The parent has a right to participate in any meeting where the team is considering changes to the IEP, including minor changes created by amendments.
You should be invited to the meeting. If you do not agree with the amendment(s), you have the same due process rights as if it were a new IEP.Use of Behavior Intervention Plans Now Required
The regulation changes can be found in their entirety here.A behavior intervention plan is incorporated into a student’s IEP if determined necessary in order for the student to receive FAPE. The plan describes: - The pattern of behavior(s) that impedes the student's learning or the learning of others;
- The instructional and/or environmental conditions or circumstances that contribute to the pattern of behavior(s);
- The positive behavioral interventions and supports to:
- Reduce the pattern of behavior(s) and increases the desired prosocial behaviors;
- Ensure the consistency of the implementation of the positive behavioral interventions across the student's school-sponsored instruction or activities;
- The skills that will be taught and monitored.
Any use of isolation, restraint, and/or restraint device shall be used only when a student's behavior poses an imminent likelihood of serious harm. Parents and the school district must agree in writing.
WAC 392-172A-03090Through the IEP process document the behavior plan that will be utilized for students who pose behavioral challenges.
Monitor and document student progress in learning alternate pro-social behaviors.
Understand the newly required policy regarding restraint and isolation for your district.
Define School District procedures for notifying a parent regarding the use of isolation, restraint, or a restraint device as required by RCW 28A.155.210.
If staff are requested to use a prohibited intervention by the parent, they may not do so.Share with the IEP team members any information related to positive interventions that work with your child.
Some techniques that are used outside of the public schools are prohibited for use in the schools.
Once the IEP is completed and the behavior plan developed, you cannot change or add to the behavior plan unless there is another IEP team meeting.
If school personnel believe that a requested treatment is prohibited, they cannot provide it.