IEP Basics: What Parents Need to KnowBy Sarah Sherman

As we look to the new school year ahead, some parents may be facing concerns about their child's learning abilities and possible need for special education services. Children with disabilities have rights under the national law that every parent should be aware of and be able to advocate for as their child begins school. A Child's Rights Under the Law A student's Individualized Education Program, also sometimes called Plan, is known by the acronym IEP and it is a legal document in the United State that is developed for public school children in need of special education services. The student's IEP is an opportunity for their school team of teachers, service professionals, administrators, parents, and the student to provide the highest quality of education based on the child's individualized needs.According to ed.gov, America's special education law is guided by the Individuals with Disabilities Education Act, or IDEA, which "is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children, supports early intervention services for infants and toddlers and their families, and awards competitive discretionary grants."The United States Congress made IDEA a federal law in 1975, originally titled the Education for All Handicapped Children Act. In 1979, Congress created the U.S. Department of Education, which was then put it in charge of the law.The states and their departments of education are responsible for overseeing the local school districts and enforcing IDEA. While the individual states can develop their own special education laws, they must build on the federal law and can add protections for students but cannot provide less than IDEA requirements or contradict the federal law. IDEA applies to public schools, public magnet, and charter schools, as well as some private schools if parents do not give up their rights to IDEA protection. It can provide Early Education Services, or ESS, for children up to age 3 and services can last through graduation, or up to age 21 for many children with disabilities. What States and Schools Must Provide Under IDEA IDEA requires that school districts provide "free appropriate public education," or FAPE, to students with disabilities. That means that the special education must meet each child's unique set of needs and allow them to make progress. Additionally, they must be granted opportunities to learn alongside peers as much as possible in what's called the "least restrictive environment." There are procedural safeguards in place to ensure that parents are given a voice in their child's education and IDEA provides parents specific rights and protections throughout the process, such as obtaining parental consent before providing services. In New Hampshire, the Bureau of Special Education Support provides oversight and implementation of federal and state laws that ensure FAPE for all children with disabilities in the state. Known as Child Find, public school districts are also tasked with identifying, locating, and evaluating children who need services, which is done at no cost to families. A full evaluation of the student is required, with parental permission, if school districts know or suspect that a child has a disability. Eligibility RequirementsUnder IDEA, a parent may request an evaluation at any time and the school district must provide one if they think a disability is possible. If the school denies the parent's evaluation request, parents can take follow-up steps. They can also request an Independent Education Evaluation (IEE) if they disagree with the school's evaluation results. To be found eligible for special education, students must have a disability that is outlined under one of the 13 categories that IDEA covers. These include a specific learning disability (dyslexia, dyscalculia, dysgraphia, and other learning differences), other health impairment (includes ADHD), a speech or language impairment, and autism.Then, to be found eligible, a student must as a result of that disability need special education services to make progress in school. When schools and parents disagree over eligibility, IDEA provides dispute resolution options.Once a student is deemed eligible, the IEP team must meet within 30 calendar days to write the IEP. After the IEP is written, services will be provided, with progress measured and reported to the parents. IEPs are reviewed annually, or more often if requested by the school or parent, with adaptations and changes made as necessary as the student ages and progresses through their education. Children must be re-evaluated every three years. What About Section 504? Parents may have heard of Section 504 and be curious if it applies to their child. Section 504 is part of the Rehabilitation Act of 1973 and rather than an education law, it's a civil rights law that protects students with disabilities from discrimination at school. It aims to remove barriers that might prevent a child from learning alongside peers, and it does so through 504 plans that list the supports and accommodations a student will be provided by the school. These 504 plans address specific challenges, and accommodations for a student with ADHD might include extended test time, breaks during class, or modified assignments. While special education services are provided through an IEP, a 504 plan also works similarly to provide FAPE and to keep students with disabilities in the classroom with peers as much as possible. Families Are Not Alone While the IEP process and legal information can be stressful and overwhelming, it's important to remember that families are not alone and assistance is available. With offices in Keene and Peterborough, Monadnock Developmental Services is the state-designated Region V Area Agency to assist individuals of all ages with disabilities to live, work, and learn in their communities. For families with children who qualify, case coordinators can provide guidance, support, and advocacy through the special education process. For more information about IDEA and to read the Department of Education's IEP guide, visit ed.gov/sites/ed/files/parents/needs/speced/iepguide/iepguide.pdf. To learn more about New Hampshire's special education services, visit education.nh.gov/parents-and-students/services-my-child or find the Bureau of Special Education Support at education.nh.gov/who-we-are/division-of-learner-support/bureau-special-education-support. For assistance navigating the process, reach out to Monadnock Developmental Services at mds-nh.org or contact your school district's special education office.