What is a parent's role in the IEP process?

In the United States, special education is governed by four major federal statuses: the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the American with Disabilities Act (ADA), and the No Child Left Behind Act (NCLB), along with numerous state laws.

Education is not mentioned in the Constitution and is primarily the individual states’ concern. As such, it is imperative that parents of special education students understand the rights and services that are available and how to access them. 

Last week, we discussed how parents can become an active participant in their child’s education program. This week, we will put this concept in context of the IEP.

Who is considered a “parent”?

The development of an IEP must be in accordance of the requirements of IDEA and state law. In 2004, IDEA expanded the definition of parent. Now, the term “parent” means:

  • The natural, adoptive, or foster parent of a child (unless the foster parent is prohibited by state law from serving as a parent);

  • A guardian (but not the state if the child is considered a ward of the State); or

  • An individual acting in the place of a natural or adoptive parent (including a grandparent, step-parent, or other relative), with whom the child lives or an individual who is legally responsible for the child’s welfare.

Why is important for parents to develop strong relationships with their child’s teacher?

In many ways, teachers are the “second” most important person in a child’s life, and a positive parent-teacher relationship contributes greatly to a child’s success in school. How parents view the teacher impact how a child views the teacher, and a positive parent-teacher relationship will make a child feel as if the important people in their life are working together.

Why is important that parents attend and participate in their child’s Individualized Education Program (IEP)?

Congress also intended to make parents partners in the development of appropriate education programs for their child, whether at school or at home (20 U.S.C. ss 1400(c)(5)(B)). The IDEA Amendments of 1997 require that parents have an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of FAPE to the child. (Sec. 300.501 (a) (2)).

Therefore, parents must now be part of:

  • The group that determines what additional data are needed as part of an evaluation of their child (Sec. 300.50 (a) (1));

  • The team that determines their child’s eligibility (Sec. 300.534 (a) (1)); and

  • The group that makes decisions on the educational placement of their child (Sec. 300.501 ©). 1)).

Furthermore, the definition of an Individualized Education Program under subsection 300.320 states, “…the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting…” The IDEA 2004 Subsection 300.321 discusses whom should constitute this IEP team: “General. The public agency must ensure that the IEP Team for each child with a disability includes: the parents of the child…”

In my opinion, having the parents listed first explains why parent input is so important! Remember: parents are a child’s first teacher, and their input and attendance is invaluable during the IEP process.

You do not have to this alone.

Particularly after the 2020–2021 school year (“a year like no other”), it is imperative that parents play an active role in the planning and revising of their child’s IEP program for the 2021–2022 school year.

If attending your child’s IEP meeting make you anxious, you do not have to do this alone. According to subsection 300.321 IEP Team, “…At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate.”

You are allowed to bring someone along with you to the IEP meeting. Would you like more information how to take advantage of this and select the appropriate related services to support you and your child? Message me.

Special EducationWilliam LaneComment