Individualized education programs for special education Lawyer Manual

Right to an Individual Educational Evaluation (“IEE”)

If the parent disagrees with the school’s testing, she may request an independent evaluation at public expense (“IEE”). See 34 CFR §300.502(b). In Illinois, that request must be in writing to the local school district superintendent. 23 Ill. Admin. Code §226.180(b). The school district must either grant the request in these cases or file due process against the parent within 5 days of any written parent request for an IEE to show that its evaluation was appropriate, one of the few due process situations in which the school district bears the burden of persuasion. 105 ILCS §5/14-8.02(b).

Re-evaluations

Children receiving special education must be periodically re-evaluated to ensure they remain eligible and are receiving the proper services. A re-evaluation should be conducted if the parent or teacher requests one, or if the school determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant re-evaluation. Such re-evaluation must occur at least once every 3 years, but not more than once a year, unless the parent and school agree otherwise. 34 C.F.R. §300.303

Individualized Education Programs (IEP)

If a student is found eligible for special education at the eligibility meeting, the Team must draft an Individualized Education Program (“IEP”), a document that describes the eligibility category, performance baselines for the student, as well as services, placement, goals, and a behavior intervention plan if needed.

IEP meetings after initial eligibility

After the initial IEP, the team must meet at least annually to review the educational progress and services for a student eligible for special education and related services. IEP meetings may occur more frequently if either the parent or school has concerns about the child before the annual review date. 23 Ill. Admin. Code §226.220(b). Schools must respond within 10 days of a parent’s request for an IEP meeting. Also, an IEP can be amended without a meeting if the parent and the school agree and the team is subsequently informed of the changes. See 34 CFR §300.324(a)(4).

Components of an IEP

An IEP should include:

• Present levels of performance;
• Measurable annual goals. Goals should reflect consideration of the State Goals for Learning and the Illinois Learning Standards and include benchmarks or short-term objectives developed by the child’s present levels of performance 23 Ill. Admin. Code 226.230(a)(1);
• How the student’s disability affects his ability to access the general curriculum;
• Accommodations or modifications;
• Related services as defined under 34 CFR §300.34(a);
• Statement regarding whether the student requires “extended school year” services;
• Transition planning services, for students who are 14 1/2, which includes postsecondary goals related to employment, education or training, and independent living and the transition services needed to assist the student in reaching those goals; and
• Transfer of rights at age 18. The student should be informed of this one year before the actual transfer when she is 17.

Once the IEP has been drafted, the school is required to implement it within 10 days.

Placement in a non-ISBE approved facility

A student may be placed in a non-ISBE approved facility if the IEP team determines that the school district cannot meet the student’s needs. Within 10 days of the request, ISBE must approve it. For approval, the facility must:

• Show that the teachers have appropriate licensure to serve the student population,
• Have age-appropriate curriculum,
• Provide enrollment and attendance data, and
• Have the ability to implement the student’s IEP.

A hearing officer also may approve an emergency placement.

The requesting school district must show it made a good-faith effort to place the student in an ISBE-approved facility. The school district must pay the facility at least once a quarter unless other otherwise agreed upon.

The placement should be reviewed annually by the IEP team. It can continue as long as the facility meets the student’s needs. Every 3 years, the team should determine if there are approved facilities that can accept the student.