An Individualized Education Plan (IEP), also referred to as an Individualized Education Program, is a federally mandated education program specifically designed to meet the learning needs of students with disabilities. The main goal of an IEP is to support these students and provide them with services to help them progress in the general education arena. This federal law applies to all K-12 schools within a school district's boundaries. School districts must provide IEPs at no additional cost to students and their families.
While bound by federal law to provide IEPs through their school systems, states have some flexibility in defining and implementing some areas of these programs—the Alabama State Department of Education chooses to exercise this right. Alabama families with disabled children should be aware of these federal and state laws and how they might affect their child. If a situation in your child's school threatens their legal rights, you must defend them head-on to protect your child's future. Contact the nationwide Student Defense Team at the Lento Law Firm to discuss your legal options.
What is an IEP?
An IEP stands for Individualized Education Program. It is a legal document that outlines the special education services and supports that a student with a disability needs to succeed in school. IEPs are required by the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees all children with disabilities a free appropriate public education (FAPE). The IDEA defines a child with a disability as a child who has a mental or physical impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The IDEA includes 13 specific categories of disabilities, including autism, deafness, blindness, intellectual disability, and specific learning disabilities.
A student identified with a disability is assigned an IEP team, which includes the student's parents, teachers, and other school staff. The team is charged with developing the IEP and must meet annually to review the student's progress and make any necessary changes to the plan.
The IEP must include the following information:
- The student's current academic and functional levels
- The student's annual goals
- The special education and related services that the student will receive
- The accommodations and modifications that the student will need in the classroom
- The progress monitoring procedures that will be used to track the student's progress
IEPs are essential for ensuring that students with disabilities receive the services they need to succeed in school. Families of students with disabilities should be familiar with the IEP process and their rights under the IDEA. Contact your school district's special education staff if you have any questions or concerns about your child's IEP.
Key Elements of an IEP
IEPs identify areas of academic need to create academic goals. But they also address other areas of need, such as behavior, communication, study skills, time management, social skills, affective skills, motivation, and transition goals for students age 16 or younger, if appropriate.
The key components of a child's IEP in Alabama typically include:
Present Levels of Academic Achievement and Functional Performance (PLAAFP)
This section describes the student's current academic and functional skills. It also identifies the student's strengths and weaknesses.
Annual Goals: These are the specific goals that the student is expected to achieve by the end of the school year. The goals must be measurable and achievable.
Special Education and Related Services
This section lists the special education and related services that the student will receive. Special education services are designed to help the student with their academic and functional needs. Related services are designed to help the student participate in school and in their community.
Accommodations and Modifications
This section lists the accommodations and modifications that the student will need in the classroom. Accommodations are changes that are made to the way the instruction is delivered or the way the student takes assessments. Modifications are changes that are made to the content of the instruction.
Progress Monitoring
This section describes how the student's progress will be monitored. The progress monitoring procedures should be used to track the student's progress toward their annual goals.
Transition Services
This section describes the services the student will need to transition to post-school activities, such as college, employment, or independent living.
Participation in General Education
This section describes how the student will participate in the general education curriculum. The student should be included in the general education classroom to the maximum extent possible.
Least Restrictive Environment (LRE)
This section describes the environment in which the student will be educated. The student should be educated in the least restrictive environment, which is the environment that most closely resembles the general education classroom.
Parental Consent
This section describes the parent's rights and responsibilities under the IEP. Parents must give their consent before their child's IEP can be implemented.
Special Education Governance in Alabama
IEPs in Alabama are governed by the Individuals with Disabilities Education Act, as well as by the Alabama Administrative Code (AAC). The AAC is a set of regulations that implement the IDEA in Alabama. The IEP governance process in Alabama begins with the identification of a child with a disability. IDEA requires school districts to seek out and evaluate a child suspected of having a disability, often referred to as a district's “Child Find” obligation. Parents may also request their child be considered for evaluation.
Soon after an evaluation referral is made, a group of qualified professionals (or an IEP Team) must meet and review the referral to determine if a student should be evaluated. Parents are an important member of this group. You have the right to follow up with the school district's special education coordinator to ask when the team will meet to review a referral for evaluation, and you should remind the school district that under federal and state law, your referral must be addressed promptly.
The team may refuse to evaluate a student if it doesn't suspect your child to have a disability or doesn't require special education. The school district must provide you with written notice of its decision. You may challenge this decision by using conflict resolution mechanisms provided through IDEA. If the team determines your child will not be evaluated, the child should be considered for eligibility under Section 504 or referred to your school's Problem-Solving Team.
Problem-Solving Teams
Under Alabama law, before a child is evaluated for special education eligibility, pre-referral strategies must be implemented in the general education program and monitored by a school's Problem-Solving Team for at least eight weeks. Once called Building Based Student Support Teams, Problem-Solving Teams work to improve general education programming to help struggling students so that they do not need to be placed in special education programming. Strategies that may be implemented include interventions such as a behavior plan, remedial school work, tutoring sessions, or counselor sessions. If these programs prove unsuccessful, the child can be referred for evaluation.
Alabama law does allow for certain exceptions to the pre-referral process for students who:
- Have severe problems that require immediate attention
- Are 3, 4, or 5 years old and haven't been in kindergarten
- Have only articulation, voice, or fluency problems
- Have a medical diagnosis of traumatic brain injury
- Have been referred by their parent for evaluation
Alabama law also allows for these interventions to be done simultaneously with the special education evaluation process. You may need to remind the IEP Team that the Problem-Solving Team's interventions can be done at the same time as the special education evaluation process.
The U.S. Office for Special Education Programs (OSEP) addressed the use of learning programs like Alabama's Problem-Solving Team in January 2011. The federal agency acknowledged the program's value in addressing students' learning needs but also cautioned schools about using these activities to delay or deny a special education evaluation. If a school district suspects a child may have a disability that would make them eligible for special education services, the school must evaluate them. The OSEP said a district may deny an evaluation if it does not suspect the child has a disability. However, the district must give the parent a written notice explaining why they denied the evaluation.
IEP Evaluations in Alabama
If the IEP Team determines the child is eligible for special education services, the school district must develop an IEP for the child. The IEP team is responsible for developing the IEP. The IEP team must include the child's parents, the child's teacher, a school administrator, and a special education teacher. The IEP team may also include other professionals, such as a psychologist or speech therapist, as needed.
Here are the key players in the IEP governance process in Alabama:
Parents: Parents are essential members of the IEP team and have a number of rights under the IDEA. Parents have the right to:
- Be involved in the development of their child's IEP
- Review their child's educational records
- Disagree with decisions made about their child's education and request a hearing
School District: The school district is responsible for providing special education and related services to children with disabilities. The school district must:
- Conduct an evaluation to determine a child's eligibility for special education and related services
- Develop an IEP for each child who is eligible for special education and related services
- Provide the services and supports outlined in the IEP
IEP Team: The IEP team is responsible for developing the IEP for each child who is eligible for special education and related services. The IEP team must include:
- The child's parents
- The child's teacher
- A school administrator
- A special education teacher
- Other professionals, as needed
The IEP team must meet at least once a year to review the child's progress and make any necessary changes to the IEP. The IEP team may also meet more often if needed. The IEP is a legally binding document, and the school district is required to follow the IEP. If the parents disagree with the IEP, they have the right to mediation or a due process hearing.
Special Education Services to Students in Alabama Private Schools
School districts must consult with private school officials and representatives of parents of students in private schools to ensure that the Child Find process treats these students equitably, that parents, teachers, and school officials are informed about the process, and that it follows the same evaluation procedures, standards, and timelines as those used in public schools in the district. However, children enrolled in private schools do not have an individual right to receive the special education and related services they would receive if enrolled in a public school. Instead, IDEA requires a “Services Plan” to be developed and implemented for each private school child with a disability who has been identified to receive special education and the related services by the school district in which the private school is located.
A Services Plan differs from an IEP because it doesn't plan for the full range of special education and related services needed for a child with a disability. It also is not developed in the same way as an IEP. Parents and their teachers have little say in determining the services provided to their children, and none may be offered if the school district deems that services are unnecessary. Ultimately, the school district has the final authority to make decisions about all aspects of a Services Plan being offered.
Disciplinary Actions Against Students with IEPs in Alabama
IDEA requires that schools consider the impact of a student's disability when making disciplinary decisions. This means that schools cannot punish students with disabilities more severely than they would punish students without disabilities.
The IDEA also requires that schools develop a functional behavior assessment (FBA) and behavior intervention plan (BIP) for any student who has been suspended or expelled for disciplinary reasons. The FBA is a process used to identify the function of a student's behavior. The BIP is a plan that outlines the specific strategies that will be used to address the student's behavioral issues.
When a student with an IEP is disciplined, the school must consider the following factors:
- The student's disability
- The severity of the behavior
- The student's history of behavior
- The impact of the behavior on the student's education
- The availability of alternative placements
Disciplinary Process for IEP Students in Alabama
The disciplinary process for students in Alabama public schools is governed by the Alabama Administrative Code (AAC). The AAC sets out the following steps in the disciplinary process:
- Investigation: The school must investigate the incident and gather evidence.
- Notice to parents: The school must notify the student's parents of the investigation and the possible disciplinary action.
- Hearing: The student and their parents have the right to a hearing before disciplinary action is imposed.
- Decision: The school will make a decision about the disciplinary action.
- Appeal: The student and their parents have the right to appeal the decision to the school board.
The disciplinary process for students with disabilities is slightly different. The AAC requires that schools consider the impact of a student's disability when making disciplinary decisions. This means that schools cannot punish students with disabilities more severely than they would punish students without disabilities.
In addition, the AAC requires that schools develop a functional behavior assessment (FBA) and behavior intervention plan (BIP) for any student who has been suspended or expelled for disciplinary reasons. The FBA is a process used to identify the function of a student's behavior. The BIP is a plan that outlines the specific strategies that will be used to address the student's behavioral issues.
Disciplinary Measures for Special Education Students in Alabama
The types of disciplinary action that students in Alabama face vary depending on the severity of the offense. The following are some of the most common types of disciplinary action:
- Verbal warning: This is the least severe type of disciplinary action and is typically used for minor offenses, such as talking in class or being tardy.
- Written reprimand: This is a more serious type of disciplinary action and is typically used for more serious offenses, such as fighting or cheating.
- Suspension: This is a temporary removal of the student from school. Suspensions can be for a few days or weeks, depending on the severity of the offense.
- Expulsion: This is a permanent removal of the student from school. Expulsions are typically only used for the most serious offenses, such as bringing a weapon to school or sexual assault.
- Alternative setting: In certain circumstances, a school district may consider alternative school placement for a child. These circumstances include a child having a weapon or illegal drugs on school grounds or at a school function or if they inflict serious bodily harm on another person at school or at a school function.
If the school determines that it is necessary to remove the student from the classroom, the school must place the student in the least restrictive environment possible. This means that the student should be placed in the same environment as students without disabilities unless doing so would be a threat to the student's safety or the safety of others. The school must also provide the student with the services and supports that they need to succeed in the new environment. These services and supports may include accommodations, modifications, and behavioral supports.
What if I Disagree With the School's Disciplinary Action?
If the student's parents challenge the school's disciplinary decision, the school must conduct a manifestation determination. A manifestation determination is a process used to determine whether the student's behavior was a manifestation of their disability. If the behavior is a manifestation of the disability, the school cannot punish the student for the behavior. However, the school may still need to remove the student from the classroom if the behavior is a danger to the student or others.
If the student's parents disagree with the school's manifestation determination, they may request a due process hearing. A due process hearing is a legal proceeding where the parents and the school can present their arguments to a neutral hearing officer. The hearing officer will then make a decision about whether the student's behavior was a manifestation of their disability. If you disagree with the school's disciplinary action in Alabama, you have a few options, such as:
File a complaint with the school district. The school district must have a written policy on disciplinary action. This policy should be available to parents and students. If you believe that the school's disciplinary action was unfair, you can file a complaint with the school district. The school district will investigate your complaint and make a decision about whether or not to change the disciplinary action.
Request a due process hearing. A due process hearing is a legal proceeding where the parents and the school can present their arguments to a neutral hearing officer. The hearing officer will then make a decision about whether the school's disciplinary action was appropriate.
File a lawsuit against the school. You can sue the school if you believe that the school's disciplinary action violated your child's rights. However, this is a more complex and expensive option.
If you are considering filing a complaint, requesting a due process hearing, or suing the school, you should consult with an attorney who specializes in education law.
Protect Your Student's Rights: Contact the Lento Law Firm
Your child's education is too important to go through the disciplinary process alone. The nationwide Student Defense Team at the Lento Law Firm has years of experience defending students against school boards and districts that are trying to deny them their legal rights. If your child is facing disciplinary measures or not getting the special education services they need and are entitled to in Alabama, you need an experienced and aggressive team on your side. Our team will fight for your child's rights and make sure they get the education they deserve. Here are some of the specific things we can help you with:
- Investigate the allegations against your child and challenge the evidence.
- Negotiate with the school district to reach a fair resolution.
- Represent you at a disciplinary hearing.
- Appeal a decision that is not in your child's favor.
We understand that going through the disciplinary process can be a stressful and overwhelming experience. That's why we offer free consultations so you can learn more about your options and get the help you need. Contact the Lento Law Firm's Education Law Team at 888.535.3686 or online and protect your child and their future.
