QUEST Volume 13, Number 2, MARCH/APRIL 2006
Keep New IDEA in
Mind at IEP

by Christina Medvescek
Parents heading into their children’s Individualized
Education Program (IEP) meetings at school this spring should keep in
mind a few changes made in 2004 to the Individuals with Disabilities
Education Act.
IDEA is the federal law guaranteeing children with disabilities
access to a public education. IDEA 2004 has added emphasis on preparing
children for life after school, having high expectations of their performance,
employing “highly qualified” teachers and using research-based
instructional methods.
Changes of interest to parents of children with muscle
diseases include:
Functional performance and goals:
IEP teams now may consider including a statement of
“present levels of … functional performance,” and
“measurable… functional goals.” For qualifying students
with neuromuscular diseases who are keeping up academically but have
physical impairments, this recognition of functional performance will
help ensure they receive special education services (such as physical
therapy) from their school districts.
Accommodations on standardized tests:
IEPs now must spell out the individual accommodations
necessary for students to complete school district and state tests (such
as extra time or help with handwriting). Parents should be aware that
state tests sometimes don’t allow the same accommodations as district
tests, and account for both on the IEP.
Moving to a new school district:
New schools now must follow the IEP from the old school
until a new IEP can be written.
Transitioning out of school:
The first IEP after a child turns 16 now must include
measurable postsecondary goals relating to education, employment and
independent living, as well as the services needed to reach these goals.
Short-term goals:
Although IDEA 2004 eliminated the requirement for “benchmarks
and short-term objectives” on IEPs for most students, parents
still may request that they be included.
IEP meeting attendance:
Despite rumors, IDEA 2004 doesn’t eliminate parents
or other key personnel from the IEP team.
However, it allows some team members to be excused from
attendance if their areas aren’t being discussed, or if they present
their input in writing prior to the meeting. Parents must consent in
advance to either of these exceptions.
Also — and only if parents agree — alternative
formats may be used in place of face-to-face IEPs, such as video conferencing
or conference calls. While these exceptions provide more flexibility,
special education advocates recommend that parents use them sparingly
and request in-person meetings whenever possible.
Three-year IEPs:
Fifteen states, to be named in early fall, will have
a chance to experiment with multiyear IEPs. Parents have the right to
opt out of this experiment if they wish.
Homework for Parents
Preparation is key to writing a good IEP. To learn more
about IDEA 2004, visit www.wrightslaw.com, www.schwablearning.org or
www.fape.org, as well as the Office of Special Education pages on the
Web site of the U.S. Department of Education, www.ed.gov.
Troy Justesen, assistant deputy secretary of the Office
of Special Education and Rehabilitative Services (OSERS), also suggests
contacting the Parent Training Information centers located in each state,
which are “run by and for parents.” (Contact information
is available at www.ed.gov.)
Justesen, who has spinal muscular atrophy, is in charge
of writing the final regulations governing IDEA 2004.
Several past Quest stories about IEPs can be found under
“Stories by Topic”.
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