Chapter 7: IEPs — Developing Your Child's Education Plan - Page 4

Access to IEPs

Your child's IEP contains highly confidential information and schools are required to limit access to confidential student educational records, including IEPs. However, IDEA makes it clear that your child’s IEP must be accessible to each person responsible for its implementation — this includes all regular education teachers, special education teachers, related service providers, and other service providers who are involved in the services to be delivered to your child. So, expect that access to your child's IEP will be restricted, but also make sure that every person involved in your child's educational program is made aware of the IEP and their role in its implementation.

The Annual IEP Review

After your child's initial IEP is developed and you have provided informed consent for the school to begin delivering special education services, the school is required to review and revise (as needed) all IEPs at least once each year. This annual IEP review will follow the same process as your child's initial IEP. Specifically, the annual IEP review will focus on:

• Any lack of expected progress toward the annual goals as well as progress in the general education curriculum
• The results of any reevaluations conducted according to the requirements described in Chapter 5: Evaluation
• Information that you provide about your child
• Any additional information such as your child’s performance on state and district assessments.

As required in the development of initial IEPs, your child's general education teacher must participate in the review and revision of the IEP.

Signing Annual IEPs

IDEA does not require parents to sign annually updated IEPs — informed parental consent is required only for the school to begin the initial delivery of special education services. However, it is common practice for all IEP team members to sign, primarily for the purpose of verifying their participation. The school district is obligated to provide the services in an IEP once initial parental consent is obtained. Parents can withdraw their consent for services at any time, as stated in the Procedural Safeguards notice (see Chapter 4).

While IDEA requires that your child's IEP be reviewed at least once per year, both you and the school district are free to request more frequent IEP meetings to address issues and concerns.

When You Move 

[New] New provisions in IDEA 2004 are intended to ensure that your child's special education program continues without interruption when he or she moves to a new district either within the same state or to another state.

Moving within the Same State

If your child is changing school districts within the same state, the new district must provide the same or comparable services as those listed in the previous IEP until it either formally accepts the previous IEP or develops and implements a new one according to the process described in this chapter.

Moving from One State to Another

If your child transfers between states, IDEA 2004 requires that the new district must continue comparable services until it:

• Conducts an evaluation of your child, if necessary. For example, the new school may request permission to conduct an evaluation to obtain more current information about your child's level of performance
• Develops a new IEP, if appropriate, that is consistent with federal and state laws. For example, since states may have laws that govern IEPs in addition to the federal laws, developing a new IEP that meets the state's requirements may be in order.

Transfer of Records

Both the old and new schools are required to take reasonable steps to ensure that your child's IEP is promptly transferred, as well as any documentation related to special education, related services and other records. To best ensure that special education services start promptly at the new school, you should get a copy of your child's records before moving and provide these records to the new school when you enroll your child.

Table of Contents

• An Overview of IDEA Parent Guide
• Chapter 1: Pre-Referral Services
• Chapter 2: Response-to-Intervention
• Chapter 3: Referral/Request for Evaluation
• Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights
• Chapter 5: Evaluation: Learning More About Your Child
• Chapter 6: Eligibility Determination: Determining Your Child's Need for Special Education
• Chapter 7: Individualized Education Programs (IEPs) — Developing Your Child's Education Plan
• Chapter 8: Transition — Planning Your Child's Future Success
• Chapter 9: Students in Private School: Understanding Your Child's Special Education Options
• Chapter 10: Student Discipline — Addressing Serious Behavior Issues and Concerns
• Chapter 11: Dispute Resolution Options — Understanding Your Options for Settling Disputes