Federal law requires that students who have a qualifying disability and attend public school have an Individualized Education Plan (IEP). Any K-12 student between the ages of 3 and 22 has the option to contact their local school district for an IEP plan and other support services. This includes students who attend private schools, charter schools, or are home schooled.
While Ohio offers families a variety of resources to understand federal and state laws regarding students with disabilities, these resources can be time-consuming to navigate. Resources can change as research provides better insight into the best practices.
Even the most well-meaning school district or staff member may not be current on the best practices for your student's specific issues. School districts and staff assist hundreds, if not thousands, of students, and each of those students has different needs. Disabilities can present differently in each student, or a student may have multiple disabilities or other issues that can influence each other and the best way to support that student.
Parents or guardians may sometimes feel that educators and school staff are the experts. Families may think they should agree with a school district's decisions even if they are unsure if a proposed IEP or other recommendation is the best choice for their child.
School staff may be experts in education, but they may not know your child and your child's needs as well as you do. That's why parents and guardians should be active through the IEP process. You're the best advocate for your child. When you need help determining the best options for your child, contact a legal team experienced in disability rights, including IEP Plans. The Lento Law Firm can help you advocate for your child and provide them with the best possible services and support.
What is an IEP?
At its most basic, an IEP is a guide to help a school support a student with disabilities. An IEP should list what services or assistance a student with disabilities needs, including reasonable accommodations.
Federal law requires that all students with disabilities have an IEP. The Individuals with Disabilities Education Act (IDEA) is the controlling law, and Ohio has incorporated that law into its state code.
Qualifying for an IEP
Students qualify for an IEP when they have a diagnosed disability. If you suspect your student has a disability but does not have an official diagnosis, you should work with the school or your child's doctor about assessment and diagnosis. A school is under no obligation to provide a student with an IEP if the student does not have a recognized disability.
The initial IEP meeting must occur within 30 days of determining that a child either has a disability or requires support and services. School districts have 60 days to complete the initial evaluation report.
Once a student has an IEP, it should be reviewed annually. An IEP should not be a static document but reflect a student's changes and growth. IEPs may also be revised during the school year and before the annual review if necessary. If and when you notice your child struggling in school, experiencing behavioral issues, or otherwise acting in a way that indicates they lack needed support, you should contact the school to arrange a meeting.
Public Schools
While all schools may offer IEPs, only public schools are required to provide services and support under federal law. IDEA requires that school districts provide support for all children with disabilities within its boundaries. Federal law requires that all students receive a free appropriate public education. For students with disabilities, this includes support and services even if they are not enrolled in the school.
Even if your child is in a private school, a charter school homeschooled, or not yet old enough for school, if they are between the ages of 3 and 22 and have not graduated from high school, they can qualify for support, including an IEP.
What Should an IEP Include?
The Ohio Department of Education provides parents with a list of what their student's IEP should include. What an IEP contains should reflect the age of the child. For example, once a child is over 14, their IEP should include a transitional plan. For a preschool student, the IEP should include information on how the student participates in age-appropriate activities.
An IEP should include the following:
- Your child's goals, both short and long term
- Your child's current performance, including how they perform compared to other students in their age group
- A statement of annual goals, which can be used as a benchmark to measure how your student learns and progresses
- How to meet your child's needs to enable them to participate in a general education curriculum, if that is best for a student's needs
- How to measure and report on your student's progress toward their goals
- What services, support, and aid will be available for your child
- If necessary, when and how your student will participate in general classroom and school activities
- The date the school district will begin to provide services and accommodations to your student
Once your child turns 18, their rights under IDEA and other federal laws transfer to them. This means that they will be responsible for their IEP and become their primary advocate. When possible, parents and guardians should encourage their students to be active participants in the IEP process and learn how to advocate for their rights. Students may participate in IEP meetings at any point, although their involvement can depend on several factors, including age and the nature of their disability.
IEP Considerations
Ohio also provides parents with a list of factors to consider when writing or revising an IEP. When crafting or revising your student's IEP, you should keep these issues in mind:
- What are your student's strengths?
- What are your student's goals?
- How can you and the school improve your student's education?
- What are the results of your student's most recent evaluation?
- What are the results of your student's performance on any district or state assessment, if relevant?
- What does your student need to learn, develop, and function?
For students in transition, such as starting school or switching schools, an IEP team should consider how these changes may affect a student's education or any behavioral issues and adjust the IEP accordingly.
Perhaps the most important part of any IEP is that it's tailored to your child and their unique needs. An IEP is effective only when it addresses those specific needs, and parents and guardians are best situated to know their child. This is another reason why, when appropriate, involving a student in IEP meetings can be beneficial.
Least Restrictive Environment
As part of all IEP meetings, the school's IEP team, along with parents or guardians, will discuss what would be the least restrictive environment (LRE) for the student.
Current practices for assisting and supporting students with disabilities encourage placing students with disabilities in the LRE. As much as possible, students should be part of the general school community, educational programs, and extracurricular activities. This can include having an aide or other school staff member accompany a student in classes.
For some students, however, placement in a general education classroom would not be beneficial. They may require more specialized assistance or other programs. Some students may do better in an alternative education program or a specialized school.
The LRE determination should always be made on a case-by-case basis and focus on the individual student. Schools should not simply provide all students with a certain disability with the same accommodations or same placement. What is the best LRE depends on the individual student and not on the disability or what's best or easiest for the school.
LRE Considerations
The Ohio Department of Education suggests considering the following questions as a baseline for discussing a student's LRE placement during the IEP meeting:
- Given the type of instruction, what are the implications for the LRE?
- How will a school support the student's LRE and individual needs?
- When a student receives all instruction online, how will that reflect on the IEP and meeting the student's educational needs?
- If a family declines the IEP team's proposed LRE, did the IEP team discuss alternative options?
Shifting LREs
When deciding the LRE for your child, keep in mind that just as each student is unique, students will change over time. These changes may include the support and services they need. What is the best LRE one school year may not be the best fit the following school year. This is why annual reviews are so important, because they reflect that, as students grow, their needs may change.
In a similar vein, if you believe your student's current placement is no longer working, you should contact the school to schedule an IEP meeting. The purpose of this meeting would be to determine what changes can be made during the school year to assist your child.
While some programs, transfers, or services may not be possible to implement during a school year, parents or guardians should still meet with the school to determine what changes and adjustments are possible.
In addition, these meetings may allow you and the IEP team to put plans into place for a transition or change before the next school year. Waiting to adjust your student's IEP or LRE placement may cause your student to fall behind in their education or, in some cases, cause behavioral issues.
Specially Designed Instruction (SDI)
SDI is another requirement under IDEA. The goal of SDI is to provide specific instruction as part of translating an IEP into a working educational framework for the student. A school should use a student's IEP, along with their goals, objectives, and needs, to decide what the student requires. SDIs should be based on the individual student and avoid generalized statements or instruction.
That a school has an online component, such as during the 2020 Pandemic, does not reduce a school's obligation to provide a student with services under their IEP. Ideally, SDI should state what a student needs for different learning environments, including face-to-face, virtual, and hybrid.
SDI is not considered an accommodation or modification. Special education teachers or similar staff members are generally responsible for planning SDI based on a student's IEP.
IEP Meetings
A school district must inform families of the time and date of an IEP meeting with enough time to ensure people have the opportunity to attend. All participating parties should agree on the meeting date and time. If parents or guardians cannot attend in person, the school district must provide them with alternatives, such as a video or phone call.
School districts may conduct meetings without parents or guardians when parents or guardians choose not to attend. In all cases, schools must keep a record of their attempts to contact families.
A school district must provide families with a copy of a student's IEP within 30 days of any IEP meeting.
Virtual Meetings
Ohio allows some IEP meetings to be conducted online or by phone. While an initial IEP meeting will be conducted in person, annual reviews can be conducted either online or by phone.
In the case of a virtual or phone review, Ohio states that needed signatures can be obtained or documented via email, standard mail, scanned documents, or any other electronic means. For example, parents could participate in an online IEP review, sign any relevant documents, and send a photo of the signed document to the school.
In the case of a virtual or phone interview, participants should make sure their attendance is documented via email or other form.
For all virtual or phone IEP review meetings, a school must provide a document detailing the methods for communication before the meeting. This notice must be in writing and explain how the meeting will be conducted, including how the school will send information and collect signatures.
Evaluations
Evaluations may be conducted virtually or over the phone in cases when an assessment does not require face-to-face or in-person observations. This can be for both initial evaluations and reviews. When an online or phone meeting is possible, parents or guardians must consent.
If, as a parent or guardian, you would prefer an in-person meeting or evaluation, you do not have to consent to the virtual meeting. Likewise, if your child would prefer an in-person meeting or if you feel a better assessment could be obtained in person, you should decline a virtual meeting in favor of one in person. While Ohio allows a virtual option, the state does not require it, and families should not feel pressured to agree to a virtual meeting.
On the flip side, if your child's evaluation would qualify for an online or phone meeting, you can request it instead of the in-person option. Some families may prefer the in-person option due to reducing travel time or factoring in childcare or other responsibilities.
However a meeting is conducted, you should ensure the focus remains on what is best for your child. The best option for an evaluation is the one that will result in your child getting the most accurate assessment and, by extension, the services and support they need.
Disagreements Over IEPs
When parents or guardians disagree with a school district over a student's IEP, families do have recourse. They should begin by communicating their concerns with their local school district.
Ohio recommends that families use the following options to resolve disagreements about IEPS. Families may request the following:
- IEP Facilitation
- Mediation
- Administrative review
- Resolution meeting
- Due process hearing
If you disagree with your student's school district on an IEP, you may want to consult with legal counsel about the best options for resolving the issue. One consideration should be what option will best serve your student in securing them the services and support they require to succeed in school.
Alternative Education
IEPs are about more than support in a general education setting. For some students, a general classroom or more traditional education may not be the best fit for them. In these cases, families may wish to consider non-traditional or specialized programs to better support their students and enable their students to succeed.
Specialized Schools
For some students with disabilities, a general education school may not be the best fit. Even when a student has an IEP, a school may not have sufficient services and support to help a student succeed. In these situations, students may benefit from specialized schools.
For students with hearing or visual impairments, Ohio operates the Ohio School for the Deaf and the Ohio State School for the Blind. Students are referred to these programs through their home school district. If accepted, the state school and the student's home school district will split the costs and responsibilities. Both schools offer a variety of programs, ranging from admission to the school to weekly or other programs.
For students with hearing or visual impairments, parents should speak with a member of their child's school about what programs may benefit their child. When remaining in their home school district is the best option, parents and guardians should still inquire about how to incorporate the state school's programs or options into the student's IEP.
Some school districts may also have dedicated schools for students with disabilities. Hamilton County, for example, has two public schools dedicated to serving students with significant disabilities. Similar to the state schools, admission to the Hamilton County schools comes from the student's home school district.
As these are still public schools, federal laws such as IDEA still apply. Students will still have an IEP, including an annual review and goals.
Transitional Programs
Schools may also offer transitional programs for students with disabilities. For example, Dublin City Schools offer three alternative learning programs on their Emerald Campus.
Dublin's programs include both non-traditional instruction and post-high school transition programs. The PATHS program, for example, focuses on students with disabilities who require continued development for employment, education, and independent living. While the program focuses on the transition from high school, it also helps students gain their diplomas. Students are recommended for the program by IEP teams, and each student's entry and involvement in the program is based on their individual needs.
Programs like those in Dublin City, even if your student is not enrolled in that school district, can serve as a model or provide ideas for a student's IEP. A school district may not have a dedicated transition program, but families can work with school districts to create similar opportunities for an individual student or push for a school district to expand its opportunities and programs.
School Option Scholarship
While families may choose to finance their student's attendance at a charter or private school, Ohio also offers a scholarship for students with disabilities. The Jon Peterson Special Needs Scholarship Program (JPSN) provides money for students with disabilities to attend a program or school other than those operated by their home district.
The award amount is dependent on several factors, including the student's disability and the cost of the program. Participation in the program is capped at up to 5 percent of current K-12 students with disabilities in Ohio.
Applications may be submitted year-round, but applicants must qualify as a student with disabilities. A student must be between the ages of 3 and 22 to qualify for a scholarship. The application requires an IEP to qualify for consideration. To qualify for JPSN, students who do not currently attend a public school must be evaluated by their local public school district. The scholarships are for one school year, and students must reapply each year to continue to qualify for the scholarship.
Parent Involvement
Schools may also offer information programming or other resources to help parents of students with disabilities navigate the educational process. Solon City School District, for example, has the Organized Parent Education Network (OPEN). OPEN offers seminars and meetings for families of students from a range of ages as well as videos. During the 2022-2023 school year, they offered a seminar on IEPs and transition planning beginning at age 14.
Parents and guardians should inquire about resources the school district has available for families of students with disabilities. Recent research shows that supporting a student with disabilities should focus on the whole child, not just their education. Ohio currently uses a Whole Child Framework for all students, and this program can be especially beneficial for students with disabilities.
Protect Your Child's Education
Both federal and Ohio law protects students with disabilities. IEPs are crucial to providing the services and support your student requires to succeed. If your student's IEP either doesn't reflect your student's needs or if a school is failing to implement your student's IEP, you need assistance.
As a nationwide law firm, the Lento Law Firm knows how to assist families from a variety of backgrounds. We can help Ohio families understand the IEP process. We work with families to help protect their student's right to an education. Contact us online or at (888) 535-3686.
