What is an IEP? 2 What should the IEP contain? 3 What should happen at the IEP team meeting? 4 Can your child participate in her IEP meeting? 5 What problems may come up at the IEP team meeting? 6 What is the timeline for IEP development and implementation? 7 What happens to the IEP if a student transfers to a new school district?
An Individualized Education Program (IEP) is a crucial document outlining the special education and related services your child will receive It can be created during the meeting when your child is identified as eligible for these services or at a subsequent meeting During this process, the team may also determine your child's educational placement Importantly, the IEP must be developed prior to deciding on placement, as the placement should be aligned with the specific services detailed in the IEP.
An IEP team meeting is required at least once a year for children in special education to assess their progress and update the IEP if needed Parents have the right to request an IEP team meeting at any time if they have concerns regarding their child's education or the IEP.
2 What should the IEP contain?
The Individualized Education Program (IEP) outlines how the school system will deliver education tailored to your child's needs It's essential to ensure that any specific services your child requires are included in the IEP During the development of the IEP, the team must take into account your child's strengths as well as your concerns.
It is essential for your child's disability, services, modifications, and supports to be explicitly outlined in the Individualized Education Program (IEP) to ensure that any school, regardless of location, comprehends the necessary implementation requirements.
1) Your child’s disability and how it aRects her ability to learn
2) Your child’s present level of educational performance
Establishing annual goals and short-term instructional objectives for your child is essential for fostering their engagement and progress in the general curriculum These goals should be specifically tailored to be accomplished throughout the school year, ensuring that your child is actively involved in their learning journey.
4) Qe speciÿc special education and related services your child will receive and the anticipated duration, location and frequency of each service
5) Qe objective ways that progress toward meeting the annual IEP goals will be measured and reported
Determining if your child requires Extended School Year (ESY) services is essential ESY offers tailored special education and related services for children with disabilities beyond the standard academic year, as outlined in their Individualized Education Program (IEP), and is provided at no cost to parents.
For children aged 14 and older, transition services are essential for preparing them for life after school, facilitating their move to post-school activities such as higher education, vocational training, employment, and independent living These services should be tailored to the individual student's needs, interests, and preferences, and must be documented in the IEP, which should outline transition goals, the educational path to achieve those goals, and necessary support services Additionally, for students 17 and older, it's beneficial to include goals related to voter registration and civic participation, as these are crucial aspects of adult life and community engagement.
Supplementary aids and services will be provided to ensure your child can engage with and advance in the general education curriculum Additionally, program modifications and support for school personnel will facilitate your child's participation in extracurricular and nonacademic activities.
9) Qe extent to which your child will not participate in regular education classes or regular typical early childhood settings
10) Strategies, including positive behavioral interventions and supports, to address behavior, if your child’s behavior interferes with his learning or the learning of other students
11) Your child’s need for Braille if she is blind, or may be blind in the future
12) Your child’s language needs if she has limited English proÿciency
13) Your child’s communication needs, and if she is deaf, her mode of communication
Determining if your child requires assistive technology devices and services is essential for their educational success Assistive technology (AT) encompasses various tools and equipment designed to support children with disabilities in benefiting from their education It is crucial to consider assistive technology for all students, ensuring that every child has the opportunity to thrive in their learning environment.
Qe IEPs of students age 14 and older who use AT during school must include the
As students transition out of school, it's important to incorporate Assistive Technology (AT) into their transition plans Many schools will reclaim AT devices and equipment, so students may need to secure communication devices through Medical Assistance (Medicaid) or obtain additional AT from organizations like the Department of Rehabilitation Services (DORS) or Centers for Independent Living Since acquiring AT can be a lengthy process, ensure that any required AT is included in your child's transition plan to guarantee access after leaving school.
3 What should happen at the IEP team meeting?
An IEP team meeting is a crucial opportunity for parents to clarify the proposed programs and services for their child Ensure you receive all relevant documents, such as assessment reports and a draft IEP, at least five business days prior to the meeting for thorough review Prepare a list of questions to ensure your concerns are addressed during the meeting By the end, you should feel confident that the IEP accurately reflects your child's educational needs Inquire about your child's progress on previous IEP goals and assess whether the new goals are realistic Additionally, confirm that the school has a clear and objective method for measuring your child's progress, such as requiring them to learn and use 100 new sight vocabulary words in context.
When reviewing your child's Individualized Education Program (IEP), it's essential to understand the rationale behind the recommended services and ensure that the IEP team specifies the weekly time allocation for each service If your child experiences behavioral challenges that impact their learning, such as frequent office visits or suspensions, it's crucial for the IEP to include positive strategies, services, and supports to address these issues Often, a Functional Behavior Assessment (FBA) is necessary to identify the underlying causes of the behavior Utilizing the insights gained from the FBA, the IEP team can create a Behavior Intervention Plan (BIP) that outlines the strategies and supports to effectively manage and improve the behavior.
When discussing proposed changes to your child's Individualized Education Program (IEP), it's essential to inquire about the reasons behind these changes and whether additional modifications are necessary The IEP team is required to provide "prior written notice," detailing the rationale for any proposed alterations along with the evaluations or information influencing their decision If you disagree with the proposed changes during the IEP meeting, request that the team fulfill the "prior written notice" requirements This notice will clarify the IEP team's decision-making process and assist you in determining whether to challenge the proposed changes.
Prior written notice from the school system must include a detailed description of the proposed or refused action, along with an explanation for the decision It should outline alternative options considered and the rationale for their rejection, as well as provide information on evaluations, tests, and reports that informed the action Additionally, it must cover any other relevant factors, affirm parents' procedural rights, and offer resources for parents to seek assistance in understanding the law.
Don't let the technical jargon and test names intimidate you Reach out to the school staff for clarification on any terms or concepts you find confusing It is their responsibility to ensure you have a clear understanding of your child's educational program.
Placement in the least restrictive environment 2 What happens if a public placement cannot be found? 3 Students placed in private schools by their parents 4 What is home and hospital instruction? 5 What rights do you have at the IEP development and placement stages?
During the IEP meeting, a key focus of the IEP team is assessing your child's capacity to engage in general education classes, as well as their participation in nonacademic and extracurricular activities.
An Individualized Education Program (IEP) must justify any lack of full inclusion of a child with disabilities alongside their non-disabled peers The primary objective of special education is to deliver an appropriate education within the least restrictive environment that meets the unique needs of the child, a concept often referred to as inclusion.
Inclusion ensures that children with disabilities are integrated with their peers in both academic and extracurricular activities, receiving necessary special services within a general education setting It involves creating programs that foster a welcoming and valued environment for all children Key aspects of inclusion include access to diverse activities and environments by eliminating physical barriers, participation through varied teaching methods, and support through professional development and collaboration with families.
A child should only be placed in a special education program if they cannot receive an appropriate education in regular classes, even with supplementary aids and services Additionally, placement in a separate special education school is only warranted if the child cannot access an appropriate education in a neighborhood school that offers special education classes and necessary supports.
Supplementary aids and services can include, but are not limited to: classroom or one-to-one aide, curriculum modiÿcations (changes in the classwork), testing accommodations, peer tutoring
To enhance your child's learning experience, consider implementing individualized behavioral intervention programs and utilizing assistive technologies such as tape recorders or computers Additionally, partnering your child with a skilled student can foster skill development, while offering untimed tests can alleviate pressure and promote a better understanding of the material.
Programmatic modifications and support aimed at ensuring children receive services in the least restrictive environment may involve various strategies, such as staff training, classroom adjustments, smaller class sizes, and the provision of additional staff.
To ensure your child benefits from their education in the least restrictive environment, it is essential to offer all necessary services This often involves introducing new services to neighborhood schools that have not previously provided them The school system plays a crucial role in this process.
“never did it that way before” is no excuse
A variety of services can be offered in different environments, regardless of your child's specific disability or the challenges posed by the school system in delivering these services at your child's school.
Many school systems misunderstand the least restrictive environment requirement, often providing minimal special services for children to merely "get by." However, the Individuals with Disabilities Education Act (IDEA) mandates that children receive all necessary services in the least restrictive setting possible This setting should resemble a regular classroom in the child's neighborhood school or, for preschoolers, a typical community-based early childhood environment, such as preschools and childcare centers, where they would participate if they did not have a disability.
2 What happens if a public placement cannot be found?
Qe school system must place your child in an appropriate program that can implement the IEP
If the school system fails to offer a suitable public program for your child, it is required to enroll them in a private school and cover the associated costs This policy is mandated by the Maryland State Department of Education.
The Maryland State Department of Education maintains a list of approved nonpublic schools, which can be accessed online at www.mansef.org or obtained by directly contacting the department for a copy.
The school system is responsible for covering all placement costs, often receiving reimbursement from the Maryland State Department of Education If a nonpublic school requires a pre-placement interview, the school system must provide it at no charge to the family Additionally, the school system is accountable for transporting your child to and from school For children in residential programs, the Individualized Education Program (IEP) should specify the frequency of home visits, with the school system also responsible for arranging and funding transportation.
A child may require residential placement for reasons beyond their educational needs In such cases, it is possible to coordinate with the school system to cover the educational expenses of the residential program, while other public agencies can fund the residential costs.
3 Students placed in private or nonpublic 6 schools by their parents
Parents may opt to enroll their child in a nonpublic school if they find the public school's proposed program unsuitable In such cases, they can request the school system to cover the tuition costs, often leading to a due process hearing It's crucial for parents to adhere to specific notice requirements to ensure eligibility for reimbursement; failure to do so may result in reduced or denied tuition payments To navigate this process effectively, parents should review the parents' rights form from their school system and consider seeking legal or advocacy assistance.
Parents may opt for private schooling to provide their children with a religious education, but it's important to note that these children do not have the same entitlement to special education services as those in public schools Nevertheless, some special education and related services may still be available for private school students If you are considering enrolling your child in a private school, it's advisable to contact your local school system or the Maryland State Department of Education for detailed information regarding your child's rights.
4 What is home and hospital instruction?
What is a “facilitated” IEP meeting? 2 How do you ÿle a formal complaint if you feel that your child’s special education
If you have concerns about your child's special education and related services, the first step is to request an IEP meeting to discuss your issues with the team Alternatively, you can opt for a "facilitated" IEP meeting, where an independent, trained facilitator will guide the discussion to ensure your concerns are addressed effectively.
A facilitator plays a crucial role in the IEP team process, especially in situations involving conflicts, disagreements, or communication issues between parents and school staff This neutral party is not part of the IEP team and maintains no prior relationship with either the school or the parents, ensuring an unbiased approach to resolving disputes.
The facilitator plays a crucial role in guiding the meeting, ensuring that every participant, particularly parents, can engage fully and that all concerns are acknowledged Throughout the session, the facilitator maintains neutrality and concentrates on the process, allowing the team to make informed decisions.
Parents and schools can request a facilitator for IEP meetings, but both must consent to this voluntary process It's important to note that not all school systems provide this service, so it's advisable to inquire about the availability of facilitated IEP meetings within your specific school district.
School systems that do oRer facilitation services have their own process for requesting a facilitator
To ÿnd out how to request the service, you should contact the oSce of the Director of Special
Education for your child’s school system or you can call Community Mediation Maryland at
2 How do you ÿle a formal complaint if you feel that your child’s special education rights have been violated?
If you believe that your child’s rights have been violated, you may ÿle a written complaint with the
Maryland State Department of Education (MSDE) (See Appendix, MSDE State Complaint
You can file a complaint regarding any issue, but this method is most effective in cases of procedural violations, such as the failure to assess, develop, or implement an Individualized Education Program (IEP) Additionally, complaints related to resource shortages, like the absence of a teacher in a classroom or insufficient staff for providing related services, are also likely to yield positive outcomes.
Filing a complaint regarding services like speech or physical therapy may not be advisable when there is a disagreement with the school system about the appropriate program for your child While you can submit a complaint if you choose, the Maryland State Department of Education (MSDE) will not overturn decisions made by the Individualized Education Program (IEP) team Instead, MSDE will review whether the decision-making process adhered to legal requirements.
To file a complaint regarding a violation, it must be submitted within one year of the incident You can either write a letter or use the MSDE complaint form Include your child's name, date of birth, school system, and school name, along with a detailed explanation of the issue It's important to attach relevant documents, such as your child's IEP, to support your case Always retain a copy of the complaint for your records Send the completed complaint to the appropriate authority.
Assistant State Superintendent Division of Special Education/Early Intervention Services
Maryland State Department of Education
200 West Baltimore Street; Baltimore, MD 21201
MSDE must investigate your complaint and issue a written decision within 60 days of receiving your complaint However, the 60-day timeline may be extended if there are unusual circumstances
If a violation is identified, the Maryland State Department of Education (MSDE) has the authority to require the school system to rectify the issue Additionally, MSDE can mandate that the affected student be provided with compensatory education services to address the violation and any services that were missed as a result.
When filing a complaint with the Maryland State Department of Education (MSDE), the local school system is given a chance to respond, which may include a resolution proposal Additionally, MSDE facilitates the opportunity for both you and the school system to participate in mediation or alternative dispute resolution If both parties agree to this process, the 60-day timeline for resolution can be extended.
Submitting a written complaint to the Director of Special Education within the school district can be an effective method for addressing issues or violations This allows you to request an investigation into the alleged infractions and seek compensatory education services Although there is no specific timeline for these complaints, the school system may take prompt action to resolve the problem.
Mediation offers a constructive approach for resolving disputes between parents and the school system regarding a child's special education services This informal process involves a trained, impartial mediator who facilitates discussions to help both parties reach a mutual agreement Participation in mediation requires the consent of both parents and the school If an agreement is achieved, it is documented in writing; however, if no resolution is found, the discussions remain confidential and cannot be referenced in future due process hearings Should the school system fail to uphold the mediation agreement, parents have the option to seek enforcement through the court system.
A parent requesting mediation must put the request in writing (See Appendix: Request for
To initiate mediation, a request must be submitted to both the school system and the Office of Administrative Hearings (OAH) Upon receiving the request, OAH is required to schedule the mediation session within 20 calendar days.
More information about mediation, due process hearings, and the complaint process can also be found on the MSDE website: www.marylandpublicschools.org/MSDE/ divisions/earlyinterv
4 What is a due process hearing?
A due process hearing is a formal mechanism for resolving disputes between parents and the school system regarding a child's educational program This hearing is conducted by an administrative law judge appointed by the state Office of Administrative Hearings.
In the IEP process, the school system holds the authority over all decisions regarding your child's education However, by requesting a due process hearing, you can shift this decision-making power to a hearing officer, who will address any concerns related to the provision of special education services It's important to note that a due process hearing must be filed within two years from the date you became aware of the alleged violation.
Parents should be cautious when filing a due process hearing request, as doing so for improper reasons—such as harassment or unnecessary delay—may result in them being liable for the school system's attorney fees Given the complexities involved in the process and the potential financial risks, it is advisable for parents to seek legal assistance before proceeding with a due process hearing request.
5 How can you request a due process hearing?
What is bullying, harrassment or intimidation? 2 What must the school system do about bullying, harassment or intimidation? 3 How is bullying reported? 4 How does bullying impact the rights of a student with disabilities? 5 What can you do if your child is bullied? APPENDIX
Bullying, harassment or intimidation is prohibited in all Maryland public and nonpublic schools
Bullying is defined as intentional conduct—whether verbal, physical, written, or through electronic communication—that creates a hostile educational environment This behavior significantly interferes with a child's educational benefits, opportunities, or performance, as well as their physical or psychological well-being To qualify as bullying, harassment, or intimidation, the behavior must be deliberate and disruptive.
Motivation can stem from various personal characteristics, whether real or perceived These include factors such as race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, and both physical and mental abilities or disabilities.
• be threatening or seriously intimidating; and,
• occur on school property, at a school activity or event, or on a school bus; or,
• substantially disrupt the orderly operation of a school
Qis deÿnition does not distinguish between students and school staR Any time this behavior occurs, it is considered bullying, harassment or intimidation and it is prohibited
2 What must the school system do about bullying, harassment or intimidation?
Every Maryland school system, including nonpublic institutions, is required to implement a policy that explicitly prohibits bullying, harassment, and intimidation This policy must outline the procedures for reporting such incidents and detail the consequences for those who engage in these behaviors Additionally, schools are mandated to investigate reported incidents and communicate findings to the Maryland State Board of Education They must also provide families with a report form and information regarding available support services for students affected by bullying, harassment, or intimidation.
Students, parents, guardians, or close adult relatives can report incidents of bullying, harassment, or intimidation These reports are kept confidential and will not be included in a student's permanent educational record.
4 How does bullying impact the rights of a student with disabilities?
Qe failure of a school system to address disability harassment may constitute a violation of the
Harassment that affects a student's capacity to benefit from their education, particularly for students with disabilities, can lead to a more restrictive educational environment This failure by the school system may infringe upon the student's right to equal educational opportunities, as mandated by law.
Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act
5 What can you do if your child is bullied?
To address harassment or bullying your child has experienced, it's essential to complete the reporting form and provide written notice to both the school and school district officials If the behavior is related to your child's disability, be sure to specify this in your letter This written notice not only informs the school of the issue but also creates a record of your complaint, allowing them the chance to resolve the situation Should the school fail to take action, having documented your concerns may be crucial if you decide to pursue legal action later.
You can also request an IEP meeting to address your concerns and to consider any additional supports and services that may beneÿt your child
GLOSSARY OF COMMONLY USED TERMS AND ABBREVIATIONS
BIP – Behavior Intervention Plan An individualized plan for a student, designed for the settings where behaviors occur, and implemented consistently across those settings
Extended School Year (ESY) services are tailored educational supports offered during the summer months to prevent significant regression of skills that your child has developed throughout the school year These services are essential for ensuring that students maintain their progress and do not experience substantial setbacks in their learning.
Functional Behavior Assessment (FBA) is a systematic approach used to collect data that helps identify the reasons behind a student's inappropriate behavior By analyzing the conditions and circumstances surrounding the behavior, educators can better understand its triggers The insights gained from the FBA are essential for creating an effective Behavioral Intervention Plan (BIP) tailored to address the specific needs of the student.
FERPA – Family Education Rights and Privacy Act Qe federal law governing access to, release of, and amendment of school records
IDEA – Individuals with Disabilities Education Act Qe federal law that guarantees all children with disabilities the right to a free appropriate public education Qe IDEA is also known as the
Individuals with Disabilities Education Improvement Act and can be found at 20 U.S.C §1400, et seq., 34 C.F.R Part 300
IEP – Individualized Education Program Qe annual document that describes what special education and related services your child is to receive
The IEP team is a group of individuals responsible for making critical decisions regarding a child's special education, including eligibility assessments, necessary testing, IEP development, placement decisions, and periodic reviews This team includes parents, and when suitable, the student is also an active participant in the process.
IFSP – Individualized Family Services Plan Qe document that describes the services a child and family will receive through the Infants and Toddlers Program
LSS – Qe Local School System responsible for educating your child
Least Restrictive Environment (LRE) ensures that all children with disabilities have the right to receive their education in the least restrictive setting possible This environment is generally the general education classroom or a setting that closely resembles it, allowing for the effective implementation of their Individualized Education Programs (IEPs).
MSDE – Maryland State Department of Education Qe state agency that is responsible for monitoring local education agencies and for making sure that these agencies follow state and federal laws
Out of School Time (OST) programs are structured activities that engage children in academic, athletic, recreational, or cultural pursuits outside of regular school hours These programs take place before or after school and during summer breaks, providing young people with valuable opportunities for growth and social interaction.
SEA – State Education Agency Qe Maryland State Department of Education (MSDE)
Section 504, part of the Rehabilitation Act of 1973, is a federal law that prohibits discrimination against individuals with disabilities by any agency receiving federal funding This law ensures that people with disabilities have equal access and opportunities, promoting inclusivity and preventing discriminatory practices in federally funded programs and activities.
Parent makes written request for an evaluation which must be completed within 90 calendar days from the date the school system receives the request
School system agrees to perform the evaluation and orders assessments
Parents must give written consent for child to be tested
School system may decide that an evaluation is not needed and must put its decision in writing
Parents can request mediation or a due process hearing
Assessments must be completed and team must meet to review the assessments within
60 calendar days from parental consent
Parents can request mediation or a due process hearing if they disagree with the assessments or if the IEP team denies eligibility
Team must meet and develop the IEP within
30 calendar days of the meeting when assessments were reviewed and eligibility was determined Parents can request mediation or a due process hearing if they disagree with the proposed IEP
IEP must be implemented as soon as possible
Please refer to previous sections of this manual for more detailed information
If parents disagree with the results of the assessments, they can request an independent evaluation
ADHDNews: www.adhdnews.com Council for Exceptional Children (CEC): www.cec.sped.org
He Council of Parent Attorneys and Advocates (COPAA): www.copaa.org
He Family Village, Waisman Center, University of Wisconsin-Madison: http://www.familyvillage.wisc.edu/
LD OnLine: Learning Disabilities Information & Resources: www.ldonline.org
National Dissemination Center for Children with Disabilities (NICHCY): www.nichcy.org
OJce of Special Education and Rehabilitative Services (OSERS): www.ed.gov/about/oSces/list/osers
Pacer Center: www.pacer.org
He Resource Network at the Kennedy Krieger Institute: www.resourcenetworkatkki.org United States Department of Education: www.ed.gov
Wright’s Special Education Law: www.wrightslaw.com
SPECIAL EDUCATION ADVOCACY and INFORMATION RESOURCES
AG Bell Association for the Deaf and Hard of Hearing
(800) 328-8476 Website: www.autism-society.org
Brain Injury Association of Maryland, Inc
Children with Attention Deÿcit Disorder (CHADD)
CityWide Special Education Advocacy Project
Learning Disabilities Association of Maryland (LDA)
(888) 265-6459 Website: www.ldamd.org; www.ldanatl.org
Providing Independence Hrough Technology (V-LINC)
Maryland Association of Nonpublic Special Education Facilities
Maryland Center for Developmental Disabilities
(443) 923-9555 Website: www.mcdd.kennedykrieger.org
Maryland Coalition for Inclusive Education
Maryland Coalition of Families for Children’s Mental Health
Maryland Special Needs Advocacy Project
*Trains volunteer educational advocates to assist Jewish families to navigate the special education system
Project HEAL at Kennedy Krieger Institute:
(443) 923-4416 Website: www.projectheal.kennedykrieger.org
*Provides free advocacy and legal services to low-income families receiving services from Kennedy Krieger Institute
National Alliance on Mental Illness (NAMI) Maryland
National Federation of the Blind of Maryland
STATE and LOCAL EDUCATION RESOURCES
Maryland State Department of Education
Division of Special Education/Early Intervention Services
200 West Baltimore St., Baltimore, MD 21201-2595
(410) 767-0238 Website: www.msde.state.md.us
Local school systems include Qese oSces, which offer valuable information regarding the special education process for students and parents To learn more, contact the Office of Special Education in your area and request the contact details for Partners for Success.
SAMPLE LETTER REGUESTING AN EVALUATION
Parent’s address Parent’s phone number(s) Date
I am the parent of , whose date of birth is _ and who is a student
(Child’s name) in the _ grade My child has not been doing well in school and I believe
I am requesting a comprehensive evaluation for my child, (Child’s name), to assess the need for special education services and to identify any disabilities This assessment will help determine the appropriate programs and services required for his/her educational support.
Since I am a member of the IEP team, I am asking that you please contact me at your earliest convenience in order to schedule the IEP meeting
Should you have any questions or problems with this request, please contact me at
Keep a copy for your records
SAMPLE LETTER REGUESTING A RE-EVALUATION
Parent’s address Parent’s phone number(s) Date
Principal Child’s school School address
I am the parent of , whose date of birth is _ and who is a student
My child, currently in the _ grade, has been struggling academically To assess potential improvements for my child's special education program, I am formally requesting a review of their current needs and support strategies.
Please contact me at your earliest convenience to arrage a re-evaluation meeting
Should you have any questions or problems with this request, please contact me at _
Keep a copy for your records
SAMPLE LETTER REGUESTING AN INDEPENDENT EVALUATION
Parent’s address Parent’s phone number(s) Date
I am the parent of , whose date of birth is _ and who is a