Special Education: Understanding the Process

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After a child is initially evaluated — usually within 45 days after a request — and qualifies as a child with a disability, a written Individualized Education Program (IEP) is developed by the IEP team, which will include, among others, the parents of the child with a disability, the regular and special education teachers, and a representative from the school district or special education department. The parents have an active role in this process and, under the law, are considered equal partners with school personnel in making decisions.

The IEP will address:

1. the child's present levels of educational performance;
2. measurable annual goals, including benchmarks or short-term objectives;
3. special education and related services, and supplementary aids and services needed to advance toward annual goals;
4. to what extent, if any, the child will not participate with non disabled children in the regular class;
5. the projected start date, frequency, location, and duration of services;
6. how progress will be measured;
7. how the child's parents will be kept informed; and,
8. the extent to which that progress is sufficient to enable the child to achieve goals at year's end.

The IEP must be reviewed not less than annually to determine whether the annual goals are being achieved, but shall be revised during the school year if there is any lack of expected progress towards these goals.

If the parents and school personnel cannot reach a consensus, there are certain procedural rights where either the parent or school personnel can seek resolution of any disagreement by initiating an impartial due process hearing.

Click here for a glossary of special education terms and issues.