If the case conference committee determines that your child is eligible for special education services under Article 7, the next step is to write the Individualized Education Program (IEP). The IEP is the written document that contains the learning goals, related services, and other important information to know about your child.
Services in the IEP are to be provided as soon as necessary arrangements are made, but no later that ten (10) instructional days after written parental consent is provided. If this date falls within the last twenty (20) instructional days of the school year, and the IEP does not include extended school year (ESY) services, the IEP is to be implemented on the first day of the following school year.
An individualized education program (IEP) is the written plan that is developed by the CCC and describes the special education and related services to be provided to a student with a disability. The school must provide the services as stated in the IEP.
Each student with a disability must have an IEP in effect at the beginning of each school year. Generally, an IEP cannot be more than 12 months old.
When a student with an IEP moves from one school district to another within Indiana , the school must implement the IEP immediately. A student with an IEP from another state who enrolls in an Indiana school is not automatically eligible for special education services in Indiana . The school must convene a CCC meeting within 10 instructional days to determine the student's eligibility, and if an IEP is developed, the IEP must be implemented within 10 instructional days from the CCC meeting.
The school must assign a teacher of record for each student with a disability. The student's teacher of record is responsible for many tasks, including monitoring the implementation of the student's IEP and providing needed technical assistance and consultation.
The parent or the school may request the CCC meet at any time if either believes the IEP is not working for the student. If the parent believes the school is not implementing the IEP as it is written, the parent may contact the local director of special education or file a complaint with the Division of Special Education.
For more information on IEPs, see 511 IAC 7-27-6 ; 7-27-7 ; and 7-27-8
An IEP must state:
the student's present level of educational performance;
measurable annual goals including benchmarks or short-term objectives;
what special education, related services, supplementary aids and services, and program modifications or supports to be provided to the student;
whether the student will participate in statewide or district-wide assessments including any necessary accommodations, and if not, what alternate assessment will be used;
when the services will start and stop, as well as the length, frequency, and location of services
an explanation of any situation in which the student will not participate with non-disabled students in educational, nonacademic, and extracurricular activities;
how the student's progress will be measured and how the parent will be notified of the progress
whether the student needs extended school year services;
the transition services the student needs (if the student is at least 14 years old);
what the student's placement will be in the least restrictive environment (LRE);
that the student and parents have been informed of the transfer of rights when the student turns 18; and
any additional services or devices necessary to provide a free and appropriate public education.
Parents must provide consent for the school to provide special education services for the first time. Consent is also required for any change of placement that occurs after that. A "change of placement" is a change in :
Graduation from high school with a regular high school diploma is also considered a change of placement.
Regardless of the student's disability, the student's special education and related services must be provided in the least restrictive environment, sometimes referred to as the LRE. LRE means that a student with a disability is educated with students without disabilities to the maximum extent appropriate for that student.
Unless the CCC determines otherwise, a student with a disability should attend the school he or she would attend if not disabled. A student with a disability should also be in classes and school buildings with his or her same age peers unless the CCC decides the student should be somewhere else. The CCC discussion of the least restrictive environment for the student should begin by considering the provision of services in the general education setting in the student's home school. Consideration for more restrictive environments should occur only as less restrictive placement options are determined inappropriate.
The school must make available to a student with a disability the educational programs and services that are made available to students without disabilities. The school must also provide a student with a disability an equal opportunity to participate with non-disabled students in nonacademic and extracurricular activities. This includes things such as:
The student may participate in any programs and activities available to non-disabled students unless the CCC determines otherwise the student may participate in programs or activities with non-disabled students. Reasons for a student not participating with non-disabled peers must be included in the IEP.
The teacher of record does not have to be one of the student's teachers of service. A teacher of service is one who actually provides instruction to the student. There may be several teachers of service, but there will be only one teacher of record for each student.
The teacher of record must:
Related services are services that are supplemental to the student's instructional program. Related services may be of a developmental, corrective, or supportive nature.
The case conference committee decides if a student needs related services in order to benefit from special education. Related services cannot be provided if the student is not receiving any special education services.
Related services include (but are not limited to):
The IEP must state the type of special education and related service to be provided, when the service will begin and end, how frequently the service will be provided (daily, weekly, monthly, etc.), the length of the service (15 minutes, 30 minutes, one hour, etc.), and where the service will be provided. The IEP should be specific enough so that both parents and staff can easily tell how much of a particular service the student should be receiving at any one time.
For more information on teacher of record, see 511 IAC 7-17-72 and 7-27-7
For more information on related services, see 511 IAC 7-28
Your child’s ACR is one of the most important meetings you will attend. Each year you will meet with the Case Conference Committee to develop your child’s IEP for the ensuing year. The IEP is a plan that defines programming for special education and related services for your child. This plan is very important because the school will provide the services listed on the IEP.
Preparing for the ACR:
The ACR conference is held at a time and place that is agreeable to both you and the school staff. You will be notified of this meeting early enough that you can make arrangements to attend.
As a partner with the school staff in the planning of your child’s educational program, you may want to prepare for the ACR conference in the following ways:
Attending the ACR Conference:
As the parent of a student with a disability, it is your right and responsibility to attend the ACR conference and help determine the instructional goals, objectives, and services your child requires.
The school staff will make sure that the legally required parts of the IEP are discussed at the meeting. You will have the opportunity to participate in each part of the IEP as it is reviewed and developed.
At the end of the ACR conference, if you approve the program, the IEP will be implemented as it is written. If you and the school are unable to agree on appropriate programming or goals, you must describe in writing the reasons for your disagreement. The case conference committee may need to reconvene to resolve your concerns. Be sure to share your concerns with the school staff.
If you and the school cannot agree on some parts of the IEP, you have medication or other due process procedures available to you. These are described in the Notice of Procedural Safeguards. Your child’s special education teacher can assist you in finding these sections if you need help.
You might want to ask some of the following questions during the ACR conference…
Present Levels of Performance
Annual Goals
Short-Term Objectives and Benchmarks
Progress Reports, Evaluation Procedures and Schedules
Related Services
Specific Educational Placement in the Least Restrictive Environment
Statement of Integration
Implementation Dates
Triennial Evaluation Dates
The school is required to evaluate your child at least every three years, or more often if the school or parent requests it. The purpose of the 3-year reevaluation is to determine:
Parents must provide written consent for the reevaluation. However, testing may be conducted without parental consent if the school can document its attempts to obtain consent and that the parent failed to respond.
Should the case conference committee determine that there is sufficient information already available to make an eligibility determination, a reevaluation may not be needed. If so, the school must notify the parents that it does not plan to conduct a reevaluation. However, if the parents or child’s teacher believe a reevaluation is necessary, they may request that the school conduct the evaluation anyway.
If the school believes a reevaluation is necessary, but the parents object, this objection should be submitted to the school in writing. Ask for a meeting to discuss your concerns. If the school still believes a reevaluation is necessary, parents or school may file for mediation and/or a due process hearing to have an impartial hearing officer decide if the reevaluation is warranted.
If a reevaluation is conducted, the school must send written notice to the parent that the reevaluation was conducted. This notice must be sent within 20 instructional days after the reevaluation was completed. In addition, the school must send the parent a copy of the revaluation report and let the parent know if the school will hold a case conference to discuss the findings. Otherwise, this evaluation will be discussed at the next scheduled case conference.
When a student reaches his or her 18th birthday (the age of majority), all special education rights given to parents under the state and federal special education laws transfer to the student unless a court has appointed a guardian for the student. If a parent believes the student needs a guardian and wants to become the guardian, the parent must petition the court to be appointed. Students who have reached the age of majority are entitled to make decisions about their own education, such as the right to consent to an evaluation or a change of placement and request a CCC meeting, mediation or a due process hearing.
At a CCC meeting before the student turns 17, the school must provide the student and the parent with written notice that the rights will transfer at the age of 18. The school must also provide the student and the parent with written notice of the transfer of rights at the time the student turns 18. Although the parent will continue to receive notice of the CCC meetings and may attend, the student has the decision-making authority unless a guardian has been appointed for the student.
For more information on transition and transfer of rights, see 511 IAC 7-28-3 and 7-28-4
When a parent asks to review the student's educational record, the school must allow the parent access to the record:
before any meeting about the student's IEP, interim alternative educational setting, CCC for a manifestation determination, or due process hearing; or
in all other cases, within 45 calendar days.
Under the Family Educational Rights and Privacy Act (FERPA), the school must generally obtain consent to disclose personally identifiable information from a student's educational record. However, there are situations in which parental consent is not required, and the school is permitted to release information without consent.
If there is information in the student's educational record that the parent believes is inaccurate, misleading, or otherwise a violation of the student's rights, the parent may request, in writing, that the information be changed or deleted. The school has 10 business days to decide if it will amend the information as the parent requests. If the school declines to amend the information, the parent may request a hearing to decide whether the educational record should be changed. This hearing is different from a special education due process hearing. The school must tell the parent how to request a hearing, as well as the procedures for the hearing.
For more information on procedural safeguards, see 511 IAC 7-22-1
For more information on confidentiality of educational records, see 511 IAC 7-23
Students with disabilities may require instructional and assessment accommodations. An accommodation is different from a modification. Generally, accommodations "level the playing field" for students with disabilities. Accommodations do not change what is being taught or tested, but accommodate the individual's special needs. For example, a student might be allowed to take more time to finish a spelling test. Modifications actually change what is being taught or tested. For example, a student's spelling list might be modified to include only 10 words rather than 20 words, or a student might be given 2 choices instead of 4 on a multiple choice test.
Accommodations that are utilized during statewide, district-wide, or other testing should have a relationship to the accommodations that are used for instructional purposes. Accommodations in testing should generally not be allowed in situations where the student does not require the accommodation in instructional settings. Some standardized tests don't allow the use of certain accommodations because the accommodations may affect the validity or reliability of the test. Though certain accommodations may be permitted in standardized testing situations, modifications are generally not permitted as this would actually change what is being tested.
Testing and instructional accommodations must be described in the student's IEP or, if the student is served through Section 504 of the Rehabilitation Act, in the written service plan.
EXAMPLES OF ACCOMMODATIONS ( actual accommodations allowed on tests will vary)
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