Individualized Education Programs

One of the most important national special education laws is the Individuals with Disabilities Education Act (IDEA). The purpose of the law is to ensure that all eligible students with disabilities in public schools are provided with a free appropriate public education (FAPE), which consists of special education and related services that are designed to meet students' unique educational needs. The key to providing a FAPE is for school personnel to develop and implement a program of individualized special education instruction, based on a full and individualized assessment of a student.

The first step of the special education process is conducting an assessment of a student and determining eligibility for special education. In this assessment, functional and developmental information is gathered that will assist a team of school-based personnel to decide on eligibility. Additionally, data are collected that will help the team to determine the special education and related services a student needs.

The second step of the special education process is to develop a student's program of special education and related services. The Individualized Education Program (IEP) is the vehicle for developing a student's special education program. A student's IEP must be tailored to confer meaningful educational benefit to the student and to ensure that each student covered by the IDEA receives a FAPE. The IEP is the heart and soul of a student's special education.

The most basic of all IDEA requirements related to IEPs is that the parents are full and equal participants with the school-based personnel in IEP development. The following individuals participate in the IEP development process: (a) a student's parents, (b) a representative of the local educational agency (e.g., principal), (c) a student's special education teacher, (d) a student's general education teacher, and (e) a person who understands and can explain the instructional implications of the assessment results (this can be one of the previous members). Additionally, if the student is 16 years of age, or 14 in some states, that student should also be on the IEP team. Other persons, such as a school nurse, may be on the team if parents are notified in advance. This team collaboratively develops the IEP, which is the written document of the student's special education program. School district personnel must then follow the student's program as delineated in the IEP.

The IEP describes a student's educational needs and details the special education and related services that will be provided to the student. The IDEA requires that, at a minimum, seven components be present in the IEP. These components are as follows:

• Present levels of educational performance
• Measurable annual goals
• A description of how the student's progress will be measured and when progress will be reported to parents
• A statement of special education and related services that are based on peer-reviewed research to be provided
• The projected dates, frequency, location, and duration of services
• A statement of the accommodations needed on statewide and districtwide assessments
• An explanation of the extent, if any, that a student will not participate with nondisabled students in the general education classroom

[Page 324]Additionally, IEP teams usually determine a student's placement, although the IDEA does not require that an IEP team make placement decisions.

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