Individualized Education Plans in Vermont

If you're a parent, you always want what's best for your child. Nothing is more important than their education, so you want to make sure they have every possible educational advantage. If your child is a student with a disability, you know that can sometimes be a special challenge. Traditionally, the American education system hasn't always taken the needs of diverse learners into account.

IEPs—Individualized Education Plans—were created to be a tool for parents like you. They are a crucial component in getting students with disabilities the materials and services they need and deserve. To be effective, though, an IEP must be developed and implemented by a team—a team that understands the process, recognizes the individual needs of the student, and is committed to meeting those needs in the most effective ways. Everyone on the team must be familiar with IEPs and how they work—teachers, administrators, specialists, and staff. That includes you, too.

Below, you'll find basic information about IEPs, the kind of information that can form a foundation for your journey as the parent of a student with disabilities. The goal is to know enough to be an advocate for your child's rights.

Before you dive into that information, though, it's important you know that you're not alone on this journey. There are numerous resources out there to help you, both in Vermont and on the federal level. The Lento Law Firm can be one of the most important of these resources. Our Student Defense Team isn't just well-versed in the law, though that's important. We also understand the Vermont educational system. We know who to talk to when you have a problem and what to say. And, of course, when you need us to, we can be fierce in advocating for your child's rights.

To find out more about what we can do for you, contact us today, at 888-535-3686, or use our automated online form.

What is an IEP?

Let's start with the basics. Just what is an Individualized Education Plan (IEP)? In broad terms, an IEP is a written document meant to serve as a guide to or plan for a disabled student's education.

As the name suggests, IEPs are “individualized” to student's particular educational needs. IEPs describe those needs and offer a holistic and concrete plan for meeting them.

The goal is always to make sure that students with disabilities get an education equal to that of their peers. In this sense, IEPs are meant to protect students with disabilities. They are a kind of contract with the school guaranteeing the school will fulfill its obligations to your child and holding it accountable if it doesn't.

The IEP Context

It's important you understand that IEPs aren't just a good idea. Yes, they grew out of sound educational philosophy and years of research, but the concept of IEPs isn't just something educators promote. They are required by law. That means you shouldn't be shy about demanding your child have one and that it be tailored to their needs.

Here's the legal framework of IEPs.

• Constitutional Protections: The Constitution requires that federal and state governments treat citizens equally. That requirement extends to education. As a nation, we have designated education as a particular social good, one we have agreed to provide. The Constitution ensures we provide it equally to all children.
• ADA: Given that equality is enshrined in the Constitution, those with disabilities shouldn't need additional legislation to protect them. Congress has recognized, though, that some persons need special protections when it comes to equality. The Americans with Disabilities Act (ADA), passed in 1990, specifically enshrines the right of disabled persons to be treated equally under the law. Again, to be clear, that right absolutely applies to education.
• IDEA: Beyond the ADA, Congress also passed the Individuals with Disabilities in Education Act (ACT) to specifically protect students with disabilities in K-12 education. This act provides monies to states and districts to help them meet the needs of their disabled students, but it also mandates some very particular services schools and districts must provide these students.
• IEPs: IDEA Part B, Section 1414.d specifically mandates that all students with disabilities be provided with an IEP to help them reach their educational goals. This section of the law describes what should be included in the IEP, explains who should be involved in creating an IEP, and details the process for creating, implementing, and modifying IEPs.
• Endrew F. v. Douglas County School District: In 2017, the Supreme Court ruled that students with disabilities are entitled to more than simply a minimum education. Rather, an IEP must “enable a child to make progress appropriate in light of the child's circumstances.” In essence, your child's district must provide the best possible education for your child, and the Supreme Court acknowledged that a proper IEP is the most appropriate mechanism for making sure that happens.

Vermont is committed to implementing federal law and has passed its own legislation to do that. So, for example, Vermont State Act 173 of 2018 commissioned a study on the effectiveness of services provided to special needs students. That study identified several areas of concern, such as a need for Vermont to re-organize how it funds special needs services.

Finally, Vermont's Agency of Education is yet another important voice for the educational rights of the disabled. The Agency plays a crucial role in helping to implement IEPs, offering resources for parents of students with disabilities as well as resources for teachers and administrators.

The bottom line is that your child has a right to an IEP as a guarantee of their right to an equal education. Any time they aren't being afforded their rights, the Lento Law Firm's Student Defense Team is ready to step in and help.

IEP Creation

The specifics of IEPs are explained in both IDEA and Vermont's Special Education Rules.

In terms of how IEPs are initially put together, it is important you know that your district's first responsibility is to identify any child with a disability in the district. That is, you don't have to have your child tested, though you have that right if you choose to exercise it. Instead, the district should have an Evaluation Planning Team (EPT) in place, and that EPT should have a process for administering testing procedures to all children in the district.

Once a child has been identified as having a disability, the district then has thirty days in which to develop an IEP.

To fulfill that imperative, the district must assemble a team to actually write the IEP. That team must include

• At least one district representative who is both qualified to handle special education matters and fully informed about the district's special education resources;
• At least one of the child's special education instructors;
• At least one of the child's general education instructors;
• The child's parents or guardians;
• When appropriate, the child themselves.

The team can include additional members as well.

The team then develops the IEP over the course of one or more meetings. All members of the team must be present at these meetings unless the parents agree to waive that requirement for a particular team member.

In constructing the IEP, the team is instructed to consider a number of factors, including:

• The child's strengths;
• The results of any disability evaluations;
• The results of any state assessment tools (standardized testing);
• The academic, developmental, and functional needs of the child;
• Any special needs the child might have, such as Braille materials, sign language interpreters, or assistive technologies;
• Potential impact of any behavioral issues on other children in the classroom;

Only after careful consideration of all these factors and input from all team members does the team finally put the IEP together. The document itself should contain

• A statement on the child's present academic and functional levels
• A list of measurable annual goals for academic and functional performance
• A list of any special education and supplementary resources the school will provide
• Any details regarding how these resources will be implemented
• Information about how much mainstream and special education instruction the child should receive.
• A statement explaining how the child will participate in district assessment tools
• A description of any services the child may need when school is not in session

Finally, the IEP should include a statement from parents. This is your opportunity to provide input into your child's education over and above any influence you've had in developing the IEP.

The process of constructing an IEP can be complicated, and it often involves some careful give and take between all team members. It's your responsibility to protect your child's best interests, though. If you're not sure how to do that, or if you don't feel like the team is taking your feelings into account, we can help. We know how to negotiate effectively with educators, and we're committed to making sure your child gets the very best possible education.

IEP Implementation

Vermont's Special Education Rules further state that an IEP should be implemented as soon as possible after it has been finalized.

To be clear, it is not your responsibility to implement your child's IEP or to follow behind your child's teachers and administrators and make sure they're implementing it appropriately. It is the school's responsibility, and that responsibility applies to all levels of your child's education. Your district is required by law to provide, within reason, any resources identified in the IEP, and at no cost to your family. Your child's special education instructors have an obligation to work with your child to help them meet their goals. So, too, though, your child's general education instructors are also required to work within the outlines of the IEP, whether that means providing alternative forms of instruction or allowing them extra time to complete assignments.

Your child's IEP protects them in every aspect of their education.

For example, an IEP should provide guidance on how teachers and schools discipline your child. Further, before any student with a disability can be subject to exclusionary discipline (suspension, for example, or expulsion), the district must perform a “manifest determination” to determine whether the alleged offense might be the product of the disability itself. As part of that determination, the district must take into account the IEP and whether the alleged behavior might have been prevented by proper implementation of that document.

IEP Modification

Your child's IEP should be reviewed annually, if not more often. As part of this review, all team members should meet to discuss whether or not your child is meeting their goals and what, if any, modifications might be needed to help them better reach those goals.

As with the initial IEP meetings, you are entitled to advanced notification of all team meetings, you are entitled to attend, and you are entitled to make your voice heard.

An IEP should be a fluid document, one that grows and develops as your child grows and develops. It should take account of your child's progress in the curriculum, consider any disability re-evaluations, anticipate your child's needs, and include any information you feel is relevant.

In particular, you can expect your child's plan to change when they turn 16, with the addition of what's known as a transition plan. Such plans describe your child's post-secondary education goals and outline a path to get them there.

Your Rights During the Process

The law (IDEA) says quite clearly that any child with an identified disability must have an IEP. The federal government has further defined exactly what qualifies as a disability. In short, if your child has any of the following conditions, they are entitled to an IEP.

• Specific Learning Disability (SLD), including conditions such as dyslexia, dyscalculia, and written expression disorder (dysgraphia);
• Other Health Impairments, which include conditions such as ADHD, which can affect a student's strength, energy, or alertness;
• Autism Spectrum Disorders (ASD), which primarily affects students' social and communication skills but can also impact behavior;
• Emotional Disturbance, which involves mental health issues like anxiety disorder, schizophrenia, bipolar disorder, obsessive-compulsive disorder, and depression;
• Speech or Language Impairment, such as stuttering;
• Visual Impairment, including blindness;
• Deafness;
• Hearing Impairment;
• Deaf-blindness;
• Orthopedic Impairment involving physical disabilities;
• Intellectual Disability such as Down Syndrome;
• Traumatic Brain Injury;
• Multiple Disabilities

Again, an IEP is not a burden; it is your child's right. It holds schools and teachers responsible for giving your child the attention and the educational resources they need.

In addition, though, both you and your child have some important rights in terms of how your IEP is created and implemented.

Right to be Involved

Your first right is to challenge the district's decisions regarding your child's disability. If the school's testing does not identify a disability, for instance, you can request an outside evaluation at the school's expense. You can further request an evaluation once every year to check for any changes in your child's condition.

Additionally, you always have the right to attend any IEP team meeting. In fact, the district is further required to provide you with advanced notice of all meetings.

While the law does not specify in concrete terms how much input you should have on the development and implementation of your child's IEP, yours should be among the strongest voices. You are the only member of the team, for instance, who has the right to include a personal statement evaluating the IEP.

And, of course, you are always entitled to challenge the various components of your child's IEP if you don't believe they are effective.

Right to Education, Right to Services

Part of IDEA is the notion that every child has a right to a Free Appropriate Public Education (FAPE). The two key words when it comes to disability rights are “appropriate” and “free.”

Appropriate means that your child must have an education appropriate to their learning abilities. As Endrew F. v. Douglas County School District makes clear, that does not mean a minimum standard of education. Rather, students with disabilities should have appropriate goals that allow them to reach their full potential.

Appropriate also means, though, that districts must provide resources and materials to help students reach that potential. A deaf student, for example, cannot simply be taught the same way a non-deaf student is taught. Their education must be “appropriate” to their circumstances.

Finally, “free” is equally important. It demands that your child receive the resources they need at no cost to your family. The law does include a “reasonable” clause. That is, you cannot demand your district go to unreasonable expense to educate your child. Even so, if you feel your child isn't getting the resources they need and deserve, it's vital you contact the Lento Law Firm so we can help.

Mediation

Some schools make it difficult to challenge your child's IEP or to make your voice heard when it comes to their education. The law further gives you some processes to use to leverage your importance.

One tool for addressing a conflict over your child's IEP is mediation. In Vermont, you can request mediation by writing to the state's Agency of Education in Montpelier. The state then appoints a qualified, unbiased mediator to negotiate a solution to the conflict.

You further have the right to bring an advocate or support person with you to all mediation meetings. This means an attorney from the Lento Law Firm can be on hand to represent your interests and protect your child's and your family's rights.

As part of mediation, the mediator typically begins by meeting with you and your family to get your thoughts on the situation. Of course, they will meet with representatives from the school as well, usually two or three persons who have expertise in IEPs and who have worked with your child. Often, families and school representatives meet together with the mediator, though not always.

Ultimately, the mediator works to negotiate a solution that both parties can be happy with. That solution becomes a written agreement that both parties sign. This agreement is legally binding on both parties, and it is enforceable in state or district court.

Due Process Complaints

If mediation cannot resolve your child's IEP issue, you further have the right to file a Due Process Complaint with Vermont's Agency of Education. A Due Process Complaint is a more formal process involving a hearing before a hearing officer appointed by the Agency of Education. In basic outline, the process works much like a court case.

• The hearing officer will first encourage both sides to participate in a resolution conference or undergo mediation.
• As part of the hearing process itself, you may submit evidence, including witness testimony. The school has the right to do the same. In addition, you may both challenge the legitimacy of each other's evidence.
• Ultimately, the hearing officer makes a decision in the case, and again, that decision has the force of law.

Under Vermont law, you can represent yourself at such hearings, but it's important to realize that the school district will always have legal representation. You need someone in your corner. In addition, these hearings can be complex matters involving legal terminology and confusing procedures. A Lento Law Firm attorney can ensure that documents are filed properly and on time. They can respond any time the school challenges your evidence and present challenges to the school's evidence. And, of course, they can represent you at the hearing.

Resolving IEP Issues in Vermont

In an ideal world, you'd never need the Lento Law Firm. We'd all treat each other well, and the government would ensure we all had the resources we needed to live safe, productive lives. In terms of education, school districts would provide students with disabilities with everything they need to get an equal education.

The reality is that schools fail students all of the time. There can be a whole host of reasons, but the reasons aren't really important. What is important is that your child shouldn't be one of the students they fail. Your district has a responsibility to your child, and that responsibility isn't just about moral imperatives or “doing the right thing.” It's the law.

Attorneys exist to help make sure individuals and institutions follow the law. The Lento Law Firm's Student Defense Team exists to make sure educators, in particular, follow the law. We're committed to getting fair treatment for all students and to holding schools and districts accountable for their legal responsibilities.

If you're dealing with an IEP issue, we can help.

• We can pressure your child's district to recognize their disability.
• We can insist your child's school create a proper IEP for them.
• We can protect your right to have a say in the IEP process.
• We can urge your child's school to make IEP modifications when necessary.
• We can hold your child's school accountable for following their IEP.

To find out more about what the Lento Law Firm's Education Law Team can do for you and your family, contact us today at 888-535-3686 or use our automated online form.