An Individualized Education Plan (IEP), sometimes called an Individualized Education Program, is a federally mandated educational program designed to meet the unique learning needs of students with disabilities. The primary goal of an IEP is to provide specialized support and services that enable the student to access and progress in the general education curriculum. This federal law applies to all K-12 students within a school district's boundaries, whether in public or private schools. School districts must offer these services at no additional cost to the student and their family.
While federal law requires IEPs, states have some flexibility in defining and implementing some aspects of the program. Families of students in Kentucky with special needs should be familiar with the laws that govern IEPs in the state and how they may affect their child. And if issues arise that threaten your child's legal rights, know that you can rely on the nationwide Student Defense Team at the Lento Law Firm to be by your side.
What is an IEP?
Individualized Education Plans are a key component of the Individuals with Disabilities Education Act (IDEA), a federal law in the United States that ensures that students with disabilities receive a free and appropriate public education (FAPE) tailored to their individual needs. IDEA provides a framework for the provision of special education and related services to eligible students in the United States.
The IDEA law was first enacted in 1975 and has been reauthorized several times since then. Its primary purpose is to ensure that children with disabilities have access to a quality education that addresses their unique needs. IDEA covers students from birth to age 21 and encompasses a range of disabilities, including learning disabilities, intellectual disabilities, autism, speech or language impairments, and more.
IDEA mandates that eligible students with disabilities must have an Individualized Education Plan in place to receive special education and related services. The IEP is a written document that outlines the specific educational program and support that a student with a disability will receive. It's developed by a team that includes parents or guardians, teachers, special education professionals, and sometimes the student.
The IEP is designed to address the individual needs of the student. It includes details such as the student's present levels of performance, annual goals, special education services, related services, accommodations, modifications, and other relevant information. The IEP team works collaboratively to create a plan to ensure the student's access to the general education curriculum and set measurable goals for their progress.
IDEA provides procedural safeguards to protect the rights of students with disabilities and their parents or guardians. These safeguards include the right to be involved in the IEP process, the right to receive a free appropriate public education, and the right to dispute resolution mechanisms if disagreements exist about the IEP or services.
One of the key principles of IDEA is the concept of the Least Restrictive Environment (LRE). This means that students with disabilities should be educated to the maximum extent possible in settings similar to those of their non-disabled peers while still receiving necessary support and services. The IEP team determines the appropriate placement for the student based on their individual needs and the LRE principle.
Key Components of an IEP
An IEP is a collaborative document created through a team effort involving parents or guardians, educators, special education professionals, and sometimes the student. The key components of an IEP typically include:
Present levels of performance
Assessing the student's current academic and functional abilities, including strengths and weaknesses, is a starting point for developing appropriate goals and strategies.
Annual goals
The student is expected to achieve these specific, measurable objectives within a year. Goals are often designed to address areas where the student needs improvement, and they can cover academic, social, communication, behavioral, and other relevant areas.
Special education services
The IEP outlines the specialized services the student will receive to support their learning. This might include things like speech therapy, occupational therapy, physical therapy, counseling, and more.
Related services
The school district may require additional services to help the student benefit from their education. Examples include transportation, assistive technology, and specialized medical services.
Accommodations and modifications
Accommodations are changes to the learning environment or instructional methods that allow the student to access the curriculum on an equal basis. Modifications involve altering the curriculum or expectations to better match the student's abilities.
Participation in the general education classroom
The IEP team, which includes parents, teachers, special education professionals, and sometimes the student, decides how much time the student will spend in regular classrooms versus special education settings.
Transition planning
For students of a certain age, the IEP should include a plan for transitioning from school to post-school life, which may involve higher education, employment, vocational training, or other options.
Evaluation and progress monitoring
The IEP should specify how the student's progress will be measured and how often the team will meet to review and adjust the plan as needed.
IEP Governance in Kentucky
While the fundamental principles and components of IEPs are outlined by federal law, there can be variations in how IEPs are implemented and specific procedures in different states, including Kentucky. State regulations, policies, and educational practices might influence these variations.
Each state has the authority to establish its own regulations and guidelines for special education. While these regulations must align with federal IDEA requirements, states can add additional requirements or procedures. This means that some aspects of IEP development, implementation, and evaluation might be different in Kentucky compared to other states.
In June 2023, the Kentucky Department of Education revised its Guidance for IEP Development.
Kentucky's Revised Guidance for Individual Education Program Development
In Kentucky, the student's Admissions and Release Committee (ARC) is responsible for developing the IEP, ensuring IEP implementation, reviewing progress toward the measurable annual goals, and revising the IEP as appropriate. Members of the ARC include:
- The parent or guardian,
- The child (age 14 and earlier, as appropriate),
- An administrator, such as the school principal, assistant principal, guidance counselor, Director of Special Education, or another administrator,
- The child's regular education teacher,
- A special education teacher with knowledge of the child's disability or suspected disability,
- A representative from another agency, if services by that agency, such as a career or technical school, are being considered,
- Someone who can explain the evaluation results (this may be someone who is already on the team) and
- Other individuals as appropriate, such as physical, speech, or occupational therapists, school psychologists, counselors, or others.
Parent input in IEP development and revision is an important requirement. The ARC solicits parent concerns and input through parent participation in the ARC process or by other means if the parent is unable to participate in the ARC meeting.
IEP and other required due process forms are found in Kentucky's Student Information System, Infinite Campus (IC). The KDE updates IC Data Standards annually. Federal regulations (CFR) and state regulations (KAR) specify requirements for the IEP process.
- Providing access to the general curriculum (KAS & KYECS)
- Ensuring the student will participate in developmentally appropriate activities
- Ensuring the student will make progress in the general curriculum (educationally, academically, behaviorally, and functionally)
- Addressing the student's other unique educational needs
- Preparing the student for further education/training, employment, and independent living
At least once every 12 months (365 calendar days), the ARC reviews the IEP and accompanying ongoing progress data to determine whether the measurable annual goals are being achieved. The ARC then revises the IEP, as appropriate, to address the following:
- Progress toward the measurable annual goals
- Progress in the general curriculum, if appropriate
- The results of any reevaluation (if appropriate)
- Information about the student provided by or to the parents • the student's strengths and anticipated needs
- Other matters
The ARC shall consider in the development of an IEP:
- The strengths of the student
- The concerns of the parents for enhancing the education of their student
- The results of the initial or most recent evaluation of the student;
- As appropriate, the results of the child's performance on any general state or districtwide assessment programs
- The academic, developmental, and functional needs of the student
Discipline for Students Receiving Special Education Services
The ARC must consider behavioral concerns when developing a student's IEP, as they may determine special factors that interfere with their education. If behavior is a concern, ARC must address this in the IEP and include programs that use positive approaches to manage or change the behavior of concern, recognize and reward appropriate behaviors, and teach appropriate behaviors to replace problematic ones. Positive approaches do not include punishment, embarrassment, or isolation of the child. The purpose is to help the child develop social skills and the ability to manage their behavior appropriately. When ARC can anticipate potential problems based on prior behavior or evaluation, the IEP can be written to better meet the child's needs.
However, behavior concerns that were not anticipated before writing the IEP sometimes occur. In this event, ARC may meet and consider steps to address the problematic behaviors, such as doing a Functional Behavior Assessment (FBA). An FBA is a method of gathering information regarding a child's behavior that can be used to develop positive behavioral supports to remedy the problem. An FBA is not a form of discipline. A district must get prior written consent before it can conduct an FBA.
If a district obtains consent to get an FBA, the ARC uses that information to put a plan in place to help the child develop social skills and behaviors to be successful. For a behavior intervention plan to be successful, it should include:
- Strategies to reduce triggers to inappropriate behaviors
- Teaching appropriate behavior to replace inappropriate behavior
- Strategies to increase appropriate behavior
- Strategies to decrease inappropriate behavior
- How to determine whether the plan is working
When a Child with an IEP is Suspended or Expelled from a Kentucky School
If a child identified with a disability is suspended for more than 10 days or is being considered for expulsion due to the child's behavior, it is considered a "disciplinary change in placement" under Kentucky law. A "change in placement" means where the child receives educational services is changed to a more restrictive setting, such as from a regular high school to an alternative school. If your child's school is threatening suspension, expulsion, or a "change in placement," you have the right to retain the services of an attorney-advisor. The nationwide Student Defense Team at the Lento Law Firm can advise you on your rights and legal options.
Suspension of a student identified with a disability
In Kentucky, some procedures must be followed when a student identified with a disability gets into trouble and is disciplined by removing (suspending) the student from school. A school district is allowed to suspend a child with a disability for 10 consecutive school days. In some cases, the child may be suspended no more than 10 total days within a school year if the removals form a pattern. Some Kentucky school district's special education policies and procedures may limit the days of suspension to less than 10 days.
In-school suspension/removal of a student with a disability:
Removing a student with a disability to an in-school suspension setting often counts as a discipline removal. As such, it may be counted in the total number of days the student is removed from their program and can lead to a "disciplinary change in placement."
Expulsion of students identified with a disability
A student identified with a disability may be expelled from school under certain conditions. Again, legal procedures must be followed that are similar to the rules for suspension of more than 10 days.
If a child has disciplinary removals of more than 10 days or is being considered for expulsion from school, the ARC must hold a manifestation determination during which it must review all relevant information about the student and then determine if the behavior that resulted in the child's disciplinary change in placement (suspension or expulsion) is a manifestation of their disability. In other words, did the child's disability cause the behavior, oris the behavior a result of the student's IEP not being fully implemented?
If the latter is true, the student's behavior is a manifestation of the student's disability. The child's placement (educational setting) cannot be changed unless the parent agrees to the change. An FBA must be completed if there is not a current one in place, and a Behavior Intervention Plan must be written. If a Behavior Intervention Plan is already in place, it must be reviewed. The ARC will then make any necessary changes.
If the behavior is deemed notto be a manifestation of the student's disability, the school district may expel the student or suspend them for more than 10 days. However, educational services must continue to be provided to the child.
Interim Alternative Setting
There are "special circumstances" where it does not matter whether or not the behavior is a manifestation of the disability. In Kentucky, these "special circumstances" include a child engaging in any of the following when at school or at a school function:
- has a weapon
- possesses or sells illegal drugs
- inflicts serious bodily injury, defined by federal law
Federal and state law allow schools to place any student engaging in any of these activities in an interim alternative setting. This is a setting that allows the student access to the general curriculum, provides special education services, and addresses the student's behavior as described in the Functional Behavior Assessment. The child may be assigned to the interim alternative setting for up to 45 school days regardless of whether the behavior that triggered the disciplinary action is a manifestation of the student's disability.
What Happens if I Don't Agree with My Child's Discipline?
As a parent and member of the ARC, you have a right to express your concerns and expect the committee to address them. You also have the right to consult with an attorney-advisor, such as the nationwide Student Defense Team at the Lento Law Firm. When you have concerns, there should be a discussion and hopefully a resolution agreed upon. If there is continued disagreement or the issue is not resolved, request another meeting with the Director of Special Education present. Sometimes, disagreements are not easily resolved at the school district level. If this occurs, there are several ways districts try to resolve disputes:
Mediation
Mediation is a free, voluntary, and confidential process to help parents and school administrators resolve disagreements. Both you and the school must be willing to participate in using mediation. It cannot be a required process and may not serve to delay or deny a parent the right to file a complaint or a due process hearing. With mediation, parents and school personnel meet with a trained, neutral person called a mediator to try and resolve the disagreement. The mediator will not make a decision but will help the parents and school personnel reach an agreement. If this process is successful, a final agreement will be developed that includes a resolution to the problem and a timeline for completing the specific actions included in the agreement.
KDE Formal Written Complaint:
Another option for parents to resolve disagreements is to file a formal complaint with the Kentucky Department of Education. A complaint can be filed by a parent of a student with a disability and any person or organization that believes IDEA has been violated. In filing a complaint, you allege that the school district has violated a state or federal Special Education law requirement. There are several requirements for filing a KDE Complaint. Usually, formal written complaints must be resolved within 60 calendar days.
Due Process Hearings
A due process hearing can be requested when you have concerns about your child's program, placement, evaluation, or the provision of a Free Appropriate Public Education (FAPE). You must request a due process hearing in writing within three years of the date the parent or district knew (or should have known) about the issue. Certain exceptions to this rule relate to omissions or misrepresentations by the school district. After a request for a hearing is filed, parents and the school district must have a resolution meeting unless waived. This allowed the district to resolve the dispute, which led to the request for a hearing. The resolution meeting must be held within fifteen days of the district receiving notice of the due process hearing.
A "stay put" order will be in place during the hearing process, meaning your child will remain in their current placement until the hearing process and appeals are completed. The only exceptions to "stay put" orders are if your child is transitioning from the Kentucky Early Intervention System (First Steps) or you are appealing your child's placement in an interim alternative setting. You will likely need an attorney if you choose to go to a due process hearing.
The Kentucky Department of Education will assign a hearing officer to preside over the process. The hearing officer will be impartial and will not take sides. The hearing officer cannot work for any agency responsible for educating or caring for your child and cannot have any personal or professional interest that could create a conflict in making a fair decision. The hearing will proceed much like a court case, with witnesses, testimony, and information presented by both sides (parents and school district). The hearing officer will make a decision and provide it to both sides in writing. The entire hearing process must be completed within 45 days of the Kentucky Department of Education receiving your request for a hearing unless a continuance is granted. After the administration's appeal, you may appeal the decision to the court. If the parent prevails, attorney fees may be available. The hearing officer's decision is final unless you or the school district appeal the decision to the Exceptional Children Appeals Board.
Protect Your Student's Rights: Contact the Lento Law Firm
There's too much at stake for you to go through the disciplinary process with your child alone. Your child deserves a strong defense. The nationwide Student Defense Team at the Lento Law Firm has years of experience defending students against school boards and districts attempting 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 Kentucky, you need an experienced and aggressive team on your side. Contact the Lento Law Firm's Student Defense Team at 888.535.3686 or online and protect your child and their future.
