Part 1: The IEP Process

What The Law Says

A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency.

A person who is required to be licensed…, who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency…Any person…who reasonably believes that a child is a child with a disability may refer the child to a local educational agency… 115.777(1)

What The Law Means

Listed professional people, including DPI licensed school staff, who think a child has a disability, are required to make a referral to the school. Anybody else, including parents, who thinks a child might have a disability, may refer the child to the school for a special education evaluation.

What Needs To Be Done

Schools have their DPI licensed staff make a referral when they believe a child has a disability.

Schools cannot refuse to accept a referral. Teachers should document what they have tried to help a child before they refer the child for evaluation.

What Parents Need to Know or Do

Parents can make a referral if they think their child might have a disability. Other people, like doctors, teachers, or nurses must make a referral if they think the child has a disability. Other people can make a referral if they think the child has a disability.

What The Law Says

All referrals shall be in writing and shall include the name of the child and the reasons why the person believes that the child is a child with a disability. 115.777 (2)(a)

What The Law Means

A person wishing to make a referral must make it in writing. The referral should say why the person thinks the child has a disability. It must also include the child’s name.

What Needs To Be Done

Referrals must be in writing. Many schools have a referral form that parents can use, but the referral can be just a letter from the person making the referral. Schools may help parents make the written referral.

What Parents Need to Know or Do

A referral must be in writing. Some schools have a form. Parents can write a letter to the school to ask the school to evaluate the child. Referrals have to say why the person making the referral thinks the child has a disability. Schools or other agencies will help make a referral if asked. Parents should write the date at the top of the letter. They should keep a copy of the letter.

What The Law Says

Before submitting a referral to a local educational agency…, a person required to make a referral… shall inform the child’s parent that he or she is going to submit the referral. 115.777(2)(b)

What The Law Means

Before teachers or professionals make a referral, they must let the child’s parents know that they are going to make the referral.

What Needs To Be Done

School staff will contact parents to tell them they are going to make a referral to evaluate.

What Parents Need to Know or Do

People other than parents who make a referral should talk to the parents before making the referral. Parents should ask questions if they want more information about why the person wants to make a referral.

What The Law Says

A local educational agency shall do all of the following:

1. Establish written procedures for accepting and processing referrals;
2. Document and date the receipt of each referral;
3. Provide information and in-service opportunities to all its licensed staff to familiarize them with the agency’s referral procedures; and
4. At least annually, inform parents and persons required to make referrals…about the agency’s referral and evaluation procedures.

115.777(3)

What The Law Means

Schools have written procedures for what happens to the referral when they receive it, including who referrals must be given to.

They have to keep a record of the date they received the referral.

The school must give information to all its licensed staff to make them aware of its referral procedures.

At least once a year, the school must inform parents and those who are required to make referrals about its referral and evaluation procedures.

What Needs To Be Done

Schools must put their procedures for referral in writing for anyone to see. They must tell staff and other named professionals about these procedures. Schools date the referral when it comes in because the timeline begins when the referral is received.

Schools often inform parents and others by printing a notice about referrals and child find in the local paper or district newsletter.

A referral is received when the school, gets it. When school is out, it means when someone at the school gets it. Schools must remain open during normal business hours, not including legal holidays. So, if a referral can be made during the summer, the time lines apply during the summer, just like they do during the school year.

What Parents Need to Know or Do

Parents can ask the school for a copy of the procedures for the special education process.

Parents can ask the school who should get the referral

What The Law Says

The local educational agency shall appoint an individualized education program team for each child referred to it. Each team shall consist of the following: 115.78(1m)

What The Law Means

The school appoints the participants of the IEP team. Parents are equal participants on the team.

What Needs To Be Done

The school decides who will be the school staff on the IEP team and sends parents an invitation to the IEP meeting. The invitation will list the names of the people, the categories they represent. Schools make all participants welcome. School professionals listen to the information presented by parents and their child experts. School professionals understand that evaluation is more than their own testing.

What Parents Need to Know or Do

Parents should tell the school that they are coming to the IEP meeting. They should tell the school who they are bringing along as child experts or support. At the meeting, the parents should make sure all required people are at the meeting to help make the decisions. Parents are equal partners on the IEP team.

What The Law Says

The parents of the child. 115.78(1m)(a)

What The Law Means

Parents are equal participants on the IEP team, along with the other participants.

What Needs To Be Done

The school must work to make the parents equal participants in the IEP process and on the IEP team.

What Parents Need to Know or Do

Parents are equal participants on the IEP team.

What The Law Says

At least one regular education teacher of the child if the child is, or may be, participating in a regular educational environment. 115.78(1m)(b)

The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the development of the individualized education program of the child, including the determination of appropriate positive behavioral interventions an supports and other strategies and the determination of supplementary aids and services, program modifications and support for school personnel. 115.787(3)(c)

What The Law Means

A teacher from the child’s regular education classroom if the child is, or may be in regular education is a participant on the IEP team.

The regular education teacher helps write the IEP for the child. The regular education teacher helps to define the services, program modifications and support for school staff to help the child succeed in the regular classroom. The regular education teacher helps decide on positive behavioral supports for the child, if needed.

What Needs To Be Done

Most IEP teams will include a regular education teacher to help develop the IEP. If the child has more than one regular education teacher, they may not all be at the IEP meeting. The regular education teacher is a teacher who may be responsible for implementing the IEP. The school will decide which teacher will be at the meeting.

The regular classroom teacher helps to write and develop a child’s IEP. The regular education teacher helps determine what supplementary aids and services are needed. This teacher helps identify accommodations and modifications that will be needed for the child to be successful in the regular education programs. This teacher also helps to identify what support will be needed for school personnel to serve the child.

What Parents Need to Know or Do

The parents should ask if they do not understand why a regular education teacher is not at the IEP meeting. The decision about the regular classroom teacher is made by the school.

The IEP team, which includes the parent, decides if the child will be in regular education classrooms or programs for all or part of their school day.

What The Law Says

At least one special education teacher who has recent training or experience related to the child’s known or suspected area of special education needs, or, where appropriate, at least one special education provider of the child. 115.78(1m)(c)

What The Law Means

There must be a special education teacher on the IEP team who is licensed in the child’s area of disability or who has training or experience related to the child’s needs arising from his or her disability. Whether a special education teacher has “recent training or experience” is based upon the child’s needs and the teacher’s training and experience.

What Needs To Be Done

The school makes sure the IEP team has a special education teacher who is licensed or has training or experience in the child’s disability-related needs. The special education teacher should be one who is, or will be, responsible for implementing the IEP.

Schools make sure teachers keep their skills up-to-date by sending them to teacher training events.

What Parents Need to Know or Do

Parents may ask to have other teachers, who are not their own child’s teachers, involved with the IEP team. The school has the right to decide which teachers will be at the meeting.

Schools have many opportunities to get more training for their staff to help them understand the child’s disability and needs.

What The Law Says

A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized by the local educational agency to commit the available resources of the local educational agency. 115.78(1m)(d)

What The Law Means

A principal, special education director, teacher, or anyone who can be sure the services in the IEP are provided to the child. This person must know about the regular education curriculum and the school district’s resources. The LEA representative must have the authority to commit resources.

What Needs To Be Done

The school chooses the LEA representative. The LEA representative has the knowledge of, and authority to, commit district resources the child needs.

What Parents Need to Know or Do

Parents should ask who the LEA representative is for the meeting. They should write down the name and title of the LEA representative. The LEA representative may serve more than one role on the IEP team.

What The Law Says

An individual who can interpret the instructional implications of evaluation results, who may [otherwise] be a team participant. 115.78(1m)(e)

What The Law Means

Somebody on the IEP team must be able to explain what the tests mean in plain language or in the language the parents normally use.

What Needs To Be Done

The school has someone on the team who can explain the test results. This person may also be one of the other participants.

What Parents Need to Know or Do

Parents can ask to have test results explained if they do not understand them.

What The Law Says

At the discretion of the parent or the local educational agency, other individuals who have knowledge or special expertise about the child, including related services personnel, as appropriate. 115.78(1m)(f)

What The Law Means

The school or parents may bring other people to the IEP meeting. The law says these people must have “knowledge or expertise.” The one doing the inviting makes the decision about this person’s “knowledge or expertise.”

What Needs To Be Done

The school may bring others who work with or know the child to the meeting.

The school must consider information from others who the parent brings.

What Parents Need to Know or Do

Parents can bring other people with knowledge or special expertise to the IEP meeting. For example: friend, relative, neighbor, therapist, advocate, attorney, or child care provider.

What The Law Says

Whenever appropriate, the child. 115.78(1m)(g)

What The Law Means

The child may attend the meeting and participate.

What Needs To Be Done

The school must invite the child when transition issues are being discussed. This must begin with the IEP when the child will be 14.

What Parents Need to Know or Do

Parents should strongly consider having the child go to the IEP team meeting. Parents can have the child at the IEP meeting whenever they want. The child should participate as much as possible.

What The Law Says

ATTENDANCE AT MEETINGS. (a) A member of an individualized education program team is not required to attend a meeting of the individualized education program team, in whole, or in part, if the parent of the child with a disability and the local educational agency agree that the attendance of the member is unnecessary because the member’s area of the curriculum or related service is not being modified or discussed at the meeting. 115.78(5)(a)

(b) A member of an individualized education program team may be excused from attending a meeting of the individualized education program team, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services if the child’s parent and the local educational agency consent and, before the meeting, the member submits to the child’s parent and to the individualized education program team, in writing, the member’s input into the development of the child’s individualized education program. 115.78(5)(b)

What The Law Means

Any required member of the IEP team may be excused from attending part or all of the IEP meeting, if the parent and LEA agree in writing. Required members of the IEP team include the following categories: at least one regular education teacher of the child; at least one special education teacher of the child; a representative of the LEA; and an individual who can explain the tests. Under state law, if a child is attending school through open enrollment or a tuition waiver, at least one person designated by the resident district who has knowledge or special expertise about the child is a required member of the IEP team. Also, when a child is suspected or known to need occupational therapy, physical therapy and/or speech therapy, the IEP team must include the additional categories of an occupational therapist, a physical therapist and/or a speech pathologist, respectively. At least one individual serving in each required category must attend the IEP meeting or must be excused in writing.

If the parent consents in writing, a required IEP team member, whose area of curriculum or related services will be discussed, may be excused from attending part or all of the IEP meeting. The member must give written input about developing the IEP to the parent and IEP team before the meeting.

What Needs To Be Done

When a member of the IEP team will not be at the IEP team meeting, if that member’s area of service is not going to be talked about, then the parent can agree to have the meeting anyway. The school must tell the parent in writing, when and how they agreed about who will not be at the meeting.

If a member of the IEP team will not be at the IEP team meeting and that member’s area of curriculum or service is going to be talked about, the parent must give consent for the member to be absent. The absent member must write what their thoughts about the IEP are. The school must ask for consent from the parent in writing. The report must be given before the meeting.

What Parents Need to Know or Do

If the parent thinks the member the school wants to excuse is important for that meeting, they should not agree to excuse that member. The school must get the parent’s agreement in writing. If the parent does not agree, they may tell the school in writing. The meeting may need to be rescheduled to have the member at the meeting.

The written agreement is needed only when no one in a required category will attend the meeting. For example, when at least one of the child’s regular education teachers will attend the meeting, an agreement is not required to excuse additional regular education teachers.

Parents should know the school must get their consent in writing. Parents sign a form to give consent. If the parent wants the member at the meeting, the parent should not consent to excuse the member. The meeting may need to be rescheduled to have the required member at the meeting.

What The Law Says

Ensures that children in early intervention programs…, who will participate in preschool programs…experience a smooth transition to those preschool programs, and that, by the third birthday of such child, an individualized education program has been developed and is being implemented for the child. The local educational agency shall participate in transition planning conferences arranged by the county administrative agency. 115.77(1m)(c)

In the case of a child who was previously served under [birth to three], an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the [birth to three] service coordinator or other representative…to assist with the smooth transition of services. 34 CFR 300.321(f)

[The notice of an IEP team meeting] must…inform the parents of the provision in …§300.321(f) (relating to the participation of the Part C [Birth to 3] service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act). 34 CFR 300.322(b)(1)(ii)

What The Law Means

There must be a smooth transition from Birth to Three programs to school programs, if that is the child’s next step. With parent permission, the Birth to Three program should invite the school to a planning meeting before the child’s third birthday, so an IEP can be in place by the time the child turns three. The school must participate in planning the child’s transition and IEP before the child begins a school program. The IEP team looks at existing data and does any testing needed with the parents’ permission.

If the parent asks, the school must invite a representative from the Birth to Three program that served the child to the first IEP team meeting

The invitation to an IEP team meeting must tell the parents that they can ask the school to invite a representative of the Birth to Three program to the first IEP team meeting for a child who was served by the Birth to Three program.

What Needs To Be Done

The school will send someone to the transition planning meeting to plan for the child’s services in the school. The school should have an IEP for the child no later than the child’s third birthday if the child is eligible for special education.

If the parent asks the school to invite someone from the Birth-to-Three program to the first IEP meeting, the school must do it.

The school must tell the parent they can ask to have a Birth to Three representative invited to the first IEP team meeting.

What Parents Need to Know or Do

Some children get special services from birth to age three. The Birth to Three program asks the parents’ permission and invites the school to a transition planning meeting before the child turns three. If a child needs special education, parents should make sure the Birth to Three program makes a referral. The parent should go to the school meeting where the IEP team will write an IEP. Parents are equal partners on the IEP team. Schools can also help if the child has other school needs. Parents can ask the principal for help. Parents should also talk to the new teachers and visit the new classroom.

What The Law Says

(a) Evaluate the child…to determine the child’s eligibility or continued eligibility for special education and related services and the educational needs of the child. 115.78(2)(a)

What The Law Means

In Wisconsin, the IEP team is responsible for evaluating children to determine if they are eligible for special education.

What Needs To Be Done

An IEP team, including the parent, is appointed to do the evaluation of children suspected of having a disability.

What Parents Need to Know or Do

Parents are part of the IEP team. They are involved in the review of records, deciding what testing is needed, and deciding if a child is eligible for special education.

What The Law Says

(b) Develop an individualized education program for the child…115.78(2)(b)

What The Law Means

The IEP team develops an IEP for each child with a disability.

What Needs To Be Done

The IEP team develops an IEP for each child with a disability.

What Parents Need to Know or Do

Parents are part of the IEP team that writes the IEP.

What The Law Says

(c) Determine the special education placement for the child…115.78(2)(c)

What The Law Means

As part of the IEP process, the IEP team determines the special education placement for children with disabilities.

What Needs To Be Done

The IEP team decides the special education placement for children with disabilities.

What Parents Need to Know or Do

Parents are part of the IEP team that decides on the special education placement.

What The Law Says

Each public agency must take steps to ensure that one or both of the parents of the child with a disability are present at each IEP meeting or are afforded the opportunity to participate including:

What The Law Means

Schools must make sure parents are told about every IEP meeting. If parents cannot attend the meeting, they must be given another way to participate such as by phone, conference call, etc.

What Needs To Be Done

Schools need to make sure all IEP team members are told about the IEP meeting. They try to make it possible for parents to attend the meeting.

What Parents Need to Know or Do

Parents should make plans to attend the IEP meeting. If they cannot get to school, they may ask to attend the meeting by phone or in another way. The parent can ask to have the IEP team meeting at a different time or place.

What The Law Says

(1) Notifying parents of the meeting early enough that they will have an opportunity to attend; and

What The Law Means

(1) Schools must let parents know about any IEP meeting soon enough for the parents to attend.

What Needs To Be Done

(1) School sends the parent a letter inviting them to the IEP meeting early enough so the parents can arrange to be at the meeting.

What Parents Need to Know or Do

If parents do not speak or understand English very well, they have the right to have an interpreter or translator for parents to be equal partners on the IEP team.

What The Law Says

(2) Scheduling the meeting at a mutually agreed upon time and place. 34 CFR 300.322(a)

What The Law Means

(2) Schools must arrange the meeting at a time and place that both parents and school agree is okay.

What Needs To Be Done

(2) The letter will list a suggested time and place for the meeting.

What Parents Need to Know or Do

If parents do not speak or understand English very well, they have the right to have an interpreter or translator for parents to be equal partners on the IEP team.

What The Law Says

The local educational agency shall[,] within 15 business days of receiving a referral, send to the child’s parents a request for consent to evaluate the child…except that if the local educational agency determines that no additional data are necessary, the agency shall notify the child’s parent’s of that determination within 15 business days of receiving the referral. 115.777(3)(e)

What The Law Means

Within 15 business days of when the school district receives a referral, the school must either send the parents a request for consent for evaluation or a notice that no tests are needed.

What Needs To Be Done

When the school gets a referral, it writes down the date they received it. When the school gets a written referral, it must start the evaluation process. Within 15 business days, the school sends the parents a request for consent for evaluation. If the IEP team, including the parents, thinks no tests are needed, it sends a notice saying that.

The school must have a process for receiving referrals, even during school breaks.

What Parents Need to Know or Do

Parents are part of the IEP team that decides if tests are needed. Parents will be contacted by someone from school to talk about whether tests are needed. They will get a written notice from the school about the decision if tests are needed. If tests are needed, the notice will ask for parents consent for evaluation.

It is recommended that parents keep copies of all notices they get from the school

What The Law Says

The local educational agency shall determine if a child is a child with a disability within 60 days after the local educational agency receives parental consent for the evaluation of the child…or, provides notice…that no additional data are needed, 115.78(3)(a)

What The Law Means

The school has 60 calendar days after getting the parent’s consent to do an evaluation and decide if the child is eligible for special education.

What Needs To Be Done

Within 60 calendar days of when the school gets parent permission to do testing or after sending a notice that no tests are needed, testing and a decision about if the child is eligible for special education must be done.

What Parents Need to Know or Do

Parents are members of the IEP team that decides if the child is eligible. The decision must be made within 60 calendar days of when the school receives parent consent for testing or sends a notice that no tests are needed. Parents help decide if their child is eligible for special education.

What The Law Says

The local educational agency shall conduct a meeting to develop an individualized education program…and determine a placement…within 30 days of a determination that a child is a child with a disability. 115.78(3)(c)

What The Law Means

If the child is eligible for special education, an IEP must be developed, and a placement identified, within 30 calendar days of when the IEP team decides the child is eligible for special education.

What Needs To Be Done

If a child is eligible for special education an IEP must be written within 30 calendar days of deciding the child is eligible. A placement to provide the services in the IEP must be done in the same 30 days.

What Parents Need to Know or Do

Parents are members of the IEP team that decides what services a child needs. The IEP team decides what services are needed within 30 calendar days of deciding the child is eligible for special education. They also help decide about where the services will be given. This can be at the same meeting when the IEP team decides the child is eligible.

What The Law Says

The 60-day period does not apply to a local educational agency if any of the following occur:

1. A child enrolls in a school served by that local educational agency after the 60-day period has begun and before a determination by the child’s previous local educational agency as to whether the child is a child with a disability, the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the child’s parent and the subsequent local educational agency agree to a specific time when the evaluation will be completed.
2. The child’s parent repeatedly fails or refuses to produce the child for evaluation. 115.78(3)(b)

What The Law Means

If a child moves to a new school district after a parent gives consent for evaluation, the new school does not have to finish the evaluation in the 60 days. The evaluation must be completed promptly by the new school. The new school and parents must agree on when the evaluation will be done.

The 60 day limit does not apply if parents do not let the school evaluate the child.

What Needs To Be Done

If a child moves to a new school district after parents have given consent for evaluation, the old school does not finish the evaluation. The new school must work with the parent to agree on a date when the evaluation will be finished. The 60 day timeline does not apply to the new school. Both the old school and the new school must work together to get information so the evaluation can be done promptly.

If parents do not let the school evaluate their child, then the 60 day timeline does not apply.

What Parents Need to Know or Do

Parents should let the new school know right away that the old school was doing an evaluation. This will help the new school ask for the right information from the old school so that the evaluation can be done in a reasonable time. Parents work with the new school to set a new date for when the evaluation will be done.

Parents should work with the school to help get the evaluation done in time.

What The Law Says

Subject to pars. (a) to (c), if the parents of the child or the local educational agency staff determines at any meeting during the process of the evaluation, development of the individualized education program, or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency shall provide it. 115.78(3)(d)

What The Law Means

Parents need to take part in every step of the IEP team process including evaluation, IEP writing and placement. Sometimes parents need more time to think about what school staff is saying at the meeting. School staff must give parents more time if they, or parents, think it is needed as long as the extra time does not make the school go past the timelines.

What Needs To Be Done

If anyone on the IEP team, including the parents, thinks more time is needed to allow parents to participate in the IEP process in a meaningful way, the school must give more time, within the limits of the timeline.

What Parents Need to Know or Do

Everyone on the IEP team, including the parents, has the right to ask for more time as long as it does not go past the timeline. The school must allow extra time if it is needed. Parents are equal partners on the IEP team. Parents may ask for the meeting to stop. The IEP team will set a new date to meet. Parents may want to take the information home to read and study. They may want to talk about it with family members or other child experts.

What The Law Says

…Upon request the local educational agency shall provide a copy of the most recent evaluation report…to the child’s parent at any meeting of the individualized education program team. 115.78(3)(d)

What The Law Means

At any IEP team meeting, if parents ask for it, the school must give the parents a copy of the most recently done evaluation report.

What Needs To Be Done

If parents want or need a copy of the most recent evaluation report, they can ask for one and the school will give it to them.

What Parents Need to Know or Do

At any IEP team meeting, if the parent asks for a copy of the most recent evaluation report, the school must give it to them before the IEP team continues.

What The Law Says

The local educational agency shall notify the parents of the child…of any evaluation procedures the agency proposes to conduct and the names of the individuals who will conduct the evaluation if known. 115.782(1)(a)

What The Law Means

The school must let parents know that they want to evaluate a child for special education and related services. The school must tell the parents in writing about the evaluation. Every evaluation starts with the IEP team reviewing existing data and deciding whether or not more tests are needed. If new testing is needed, the school must tell the parents in writing who will do the testing (if known) and what kind of testing they will do.

What Needs To Be Done

If new tests are needed, the school will send a form asking for parent permission to test their child. The form will include information about the evaluation. The school selects the tests and the staff who will give them.

If no new testing is needed, the school does not need to get parent permission. The school sends the parents a form telling them that no testing is needed.

What Parents Need to Know or Do

Parents will get a notice telling them what kinds of tests will be given and who will give the tests, if the school knows.

What The Law Says

The local educational agency shall, before conducting an initial evaluation of a child, obtain informed consent from the child’s parent. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. 115.782(1)(b)

What The Law Means

The school cannot give new tests in an evaluation until they have the parent’s written permission (consent). Permission is for evaluation only, not for being in special education.

What Needs To Be Done

The school must tell the parent in writing about the evaluation. If new testing is needed, the school must also tell the parents who will do the testing (if known) and what kind of testing they will do. The school must get the consent of the parent before giving the tests.

What Parents Need to Know or Do

Parents can ask the school to explain the evaluation before giving permission. Parents should be sure they understand what they are giving permission for.

Parents sign the consent form to give their permission for evaluation. Parents should send the consent form back to school as soon as possible. The 60 day timeline does not start until the school gets the parent’s consent.

What The Law Says

If the child’s parents do not consent to the evaluation, the local educational agency may continue to pursue an evaluation using the procedures under 115.797 [mediation] or 115.80 [due process] 115.782(1)(b)

What The Law Means

If the parent does not give consent for the evaluation, the school has three choices:

Do nothing and the process stops;
Ask for mediation; or
File for a due process hearing to get consent from a hearing officer.

What Needs To Be Done

The district must take its responsibility to provide special education very seriously. The school has to decide how important it is to test the child.

What Parents Need to Know or Do

Parents have the right to refuse consent.

If parents refuse consent, the school may ask the parents to participate in mediation to encourage the parents to give consent.

The school may request a due process hearing to get permission to do an evaluation without the parent’s consent.

What The Law Says

In conducting the evaluation, the individualized education program team shall not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. 115.782(2)(a)

What The Law Means

Schools must use more than one test or evaluation procedure to decide if a child qualifies for special education and to decide the child’s program.

What Needs To Be Done

Members of the IEP team do the testing. They do not use just one test.

What Parents Need to Know or Do

The IEP team must look at many things before saying a child has a disability. Parents should tell the IEP team about their child at home, with family, and in the community. Parents may also give the IEP team information from the child’s doctors, therapists, or others.

What The Law Says

The individualized education program team shall…: Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the child’s parent, that may assist in determining whether the child is a child with a disability and the content of the child’s individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities. 115.782(2)(a)1

What The Law Means

The IEP team will get information about the child from many sources. The information can come from parents, tests, observations, the child’s doctors or therapists. The information will be used to decide if the child qualifies for special education. The information will also help the team write the IEP so that the child can participate in the general curriculum.

What Needs To Be Done

The IEP team will gather information to understand the whole child.

What Parents Need to Know or Do

Parents may write down information about their child for the IEP team. Parents should tell the other members of IEP team about the things the child can do well. They should also tell what the child likes to do and what is difficult. Parents can also ask a doctor or therapist to tell the IEP team about the child. Doctors or therapists may tell the IEP team in person, in writing or on a speakerphone.

What The Law Says

The individualized education program team shall…: use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. 115.782(2)(a)2

What The Law Means

School staff use tests that give accurate information.

What Needs To Be Done

The school gives the tests or does other evaluation procedures to get the information the IEP team needs. The parent gets a written notice telling which tests the school plans to use.

What Parents Need to Know or Do

Parents may ask to see information about the tests their child will take. Parents should ask the school staff to explain the tests. Parents can look at their child’s answer sheet. Parents cannot look at the test kit itself.

What The Law Says

The individualized education program team shall…ensure: that assessments and other evaluation materials used to assess a child …are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so. 115.782(2)(a)3.a

What The Law Means

The tests used must not discriminate against a child because of the child’s race or culture. The tests must be given in the language normally used by the child, or in whatever way the child uses to communicate, if at all possible.

What Needs To Be Done

The IEP team picks tests and assessments that do not discriminate because of a child’s race or culture. As much as possible, the tests must be given in the language the child normally uses. The school may use interpreters when children do not speak English or use sign language. Children may also use communication boards or other communication tools.

What Parents Need to Know or Do

Testing must be fair to children of all cultures and languages. Parents should tell the school how their child communicates best. Parents should make sure the school uses their child’s communication methods for the testing.

What The Law Says

The individualized education program team shall…ensure: that assessments and other evaluation materials given to the child are used for the purposes for which they are valid and reliable, are administered by trained and knowledgeable personnel, and are administered in accordance with any instructions provided by the producer of the assessments or evaluation materials. 115.782(2)(a)3.b

What The Law Means

The IEP team selects the appropriate tests to measure the child’s needs; the people giving the tests are properly trained, and follow the test’s directions.

What Needs To Be Done

The IEP team selects the appropriate tests to measure the child’s needs; the people giving the tests are properly trained, and follow the test’s directions.

What Parents Need to Know or Do

Parents can ask why the school used one test instead of another one. Parents may ask the school to use a particular test, but the school makes the final decision on which test it will use.

What The Law Says

The individualized education program team shall…ensure: that the child is assessed in all areas of suspected disability. 115.782(2)(a)3.c

What The Law Means

The child is tested or evaluated in all areas of a suspected disability by the IEP team. The evaluation must be broad enough to find all the child’s special education needs.

What Needs To Be Done

Tests and other assessment procedures are picked to evaluate all of the child’s needs. The IEP team does not look at just one part of the child’s needs.

What Parents Need to Know or Do

Parents can ask that their child be tested in an area they are concerned about.

What The Law Says

The individualized education program team shall…ensure: that the child is assessed in all areas of suspected disability. 115.782(2)(a)3.c

What The Law Means

The child is tested or evaluated in all areas of a suspected disability by the IEP team. The evaluation must be broad enough to find all the child’s special education needs.

What Needs To Be Done

Tests and other assessment procedures are picked to evaluate all of the child’s needs. The IEP team does not look at just one part of the child’s needs.

What Parents Need to Know or Do

Parents can ask that their child be tested in an area they are concerned about.

What The Law Says

The individualized education program team shall…ensure: that assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are used. 115.782(2)(a)3.d

What The Law Means

Any tests given must help people decide what the child’s educational needs are.

What Needs To Be Done

The IEP team gives tests to get information to help determine the child’s educational needs.

What Parents Need to Know or Do

Parents provide information about their child to help the IEP team participants understand the child’s educational needs.

What The Law Says

As part of an initial evaluation of a child and as part of any reevaluation of a child…the individualized education program team and other qualified professionals, as determined by the local education agency, shall do all of the following: 115.782(2)(b)

What The Law Means

The IEP team, which includes the parents and people appointed by the school, must do all of the following:

What Needs To Be Done

The IEP team must review existing information and testing the child has done. If there is a need to have other people on the IEP team, the school must appoint them to the team and tell the parents.

What Parents Need to Know or Do

Parents should write down their ideas about what their child needs. This will help the school in doing the evaluation. Parents can give the names of other people who have knowledge of the child. These other people may also be part of the IEP team.

What The Law Says

1. Review existing evaluation data on the child, including evaluations and information provided by the child’s parents; previous interventions and the effects of those interventions; current classroom-based, local or state assessments classroom based observations; and observations by teachers and related services providers.

What The Law Means

The team must examine all the current information available on the child from various sources, including information from the child’s parents. The IEP team will look at anything that was tried prior to this evaluation and what changes may have occurred. The IEP team looks at any current assessments from the classroom. There may be observations made by teachers, other professionals, and qualified persons who have training in the suspected area of disability.

What Needs To Be Done

Members of the IEP team will review all of the child’s records, including medical, attendance, behavioral, state and district testing information, etc. and will also look at any information provided by the parents. The IEP team will look at anything that has been tried to help the child’s education and look to see if those special things that were tried helped the child’s education in any way. The IEP team will be looking at how the child learns and participates in regular education classes and other activities in the school.

What Parents Need to Know or Do

Parents tell the IEP team about their child.

Parents will be contacted by the school to go over existing records, what teachers have seen in the classroom, and what they have tried to help the child learn.

Parents may ask to read the child’s record.

This part of the evaluation happens within 15 business days after the school receives a referral or within 15 business days from a notice of reevaluation.

What The Law Says

2. On the basis of that review and information provided by the child’s parents, identify the additional data, if any, that are needed to determine all of the following:

What The Law Means

By gathering all of the above information, including information from the child’s parents, the IEP team will decide if any additional testing might be needed. The IEP team will also decide if any qualified evaluators need to be added to the team to determine the following:

What Needs To Be Done

The IEP team decides what information they may still need to get. If more information is needed, the IEP team decides what kind of testing is needed. The IEP team also decides what qualifications the person doing the testing will need to have.

What Parents Need to Know or Do

As part of the IEP team, parents help decide what other information is needed to answer the following questions:

What The Law Says

a. Whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs.

What The Law Means

Whether the child has a disability (in the case of a reevaluation, does the child continue to have a disability)?

What Needs To Be Done

Is more information needed for the IEP team to answer the question: Does the child have a disability or continue to be a child with a disability?

What Parents Need to Know or Do

Does the child have a disability or continue to be a child with a disability?

What The Law Says

b. The present levels of academic achievement and related developmental needs of the child.

What The Law Means

What is the child’s achievement in school and related developmental needs?

What Needs To Be Done

The IEP team looks at how well the child is performing at the present time. Is more information needed for the IEP team to answer the question: What are the educational needs of the child?

What Parents Need to Know or Do

What are the educational needs of the child? How is the child doing right now?

What The Law Says

c. Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services.

What The Law Means

Does the child need special education and related services? In the case of reevaluation, does the child continue to need special education and related services?

What Needs To Be Done

Is more information needed for the IEP team to answer the question: Does the child need special education and related services?

What Parents Need to Know or Do

Does the child need special education and related services?

What The Law Says

d. Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable, annual goals specified in the child’s individualized education program and to participate, as appropriate, in the general curriculum.

What The Law Means

Are any changes to the child’s special education and related services needed? These changes must be needed to allow the child to reach the measurable annual goals that are written in the child’s IEP. What is needed for the child to participate in the general curriculum?

What Needs To Be Done

Is more information needed for the IEP team to determine what changes or additions are needed to special education and related services to meet the goals in the child’s IEP and learn what other children learn?

What Parents Need to Know or Do

What changes might be needed to help their child be successful?

What The Law Says

The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified [above]. 115.782(2)(c)

What The Law Means

The school must use the tests and evaluation materials to get the information the IEP team needs.

What Needs To Be Done

The school must be sure all of the tests and evaluations results are given and reviewed to help the IEP team determine the above information.

What Parents Need to Know or Do

Parents should make their child available to the members of the IEP team who will do the testing.

What The Law Says

Upon completion of the administration of assessments and other evaluation measures, the individualized education program team shall determine whether the child is a child with a disability and the educational needs of the child. The team may not determine that a child is a child with a disability if the determinant factor for the determination is lack of appropriate instruction in reading, including in the essential components of reading instruction,…or lack of instruction in math, or because the child has limited English proficiency. 115.782(3)(a)

What The Law Means

After reviewing existing information and the results of new tests, if any, the IEP team decides if the child has a disability. They cannot say that the child has a disability if the child’s problems are only because of a lack of instruction in basic subjects or because the child has limited English skills.

What Needs To Be Done

The school staff members, or other qualified professionals on the IEP team, do the testing with the child. Then the entire team, including the parents, decides if the child qualifies for special education. The IEP team will use state law to decide if the child qualifies for special education. The IEP team cannot decide the child has a disability if the child’s problems are only because of poor or limited instruction in basic subjects or the child has limited English.

What Parents Need to Know or Do

Parents tell the IEP team about their child’s needs. It is easier if parents have their information organized and written. They may give copies of their information to all participants for better understanding.

Parents can ask school staff to explain what it takes for the child to be eligible for special education. Parents are equal participants on the IEP team that decides if the child is eligible for special education.

What The Law Says

The individualized education program team shall prepare an evaluation report that includes documentation of determination of eligibility for special education. The local educational agency shall give a copy of the evaluation report, including the documentation of eligibility, to the child’s parents. 115.782(3)(b)

What The Law Means

The IEP team’s evaluation report must include the reasons why the child qualifies for special education. It has information from the team participants. It will tell the parent if the child has a disability according to special education law. The school will send the parents a copy.

What Needs To Be Done

The IEP team will write an evaluation report. The report tells how the child has qualified for special education. The IEP team decides if the child meets the criteria for a disability. The IEP team also decides if the child needs special education because of the disability. The evaluation report will give the reasons for these decisions. The school will send a copy of the evaluation report.

What Parents Need to Know or Do

Parents should make sure they understand why their child qualifies or does not qualify for special education.

If the parent wants to study the Evaluation Report at home, they should ask for a copy of the report and additional time. The IEP team will schedule another meeting for writing the IEP.

What The Law Says

The local educational agency shall…ensure that a child’s parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the evaluation or educational placement…of the child… 115.792(1)(b)

What The Law Means

Whenever the IEP team decides a child is not eligible for special education, the school must tell the parent in writing of that decision.

What Needs To Be Done

If the IEP team decides a child is not eligible for special education, the school sends the parent a written notice of that decision. The notice tells the parents what was decided and why and what else was considered. A copy of the evaluation report is included with the notice.

What Parents Need to Know or Do

If the IEP team finds the child is not eligible for special education, parents will get a written notice saying why their child is not eligible. Parents need to be sure they understand why the child does not qualify for special education. They should carefully read the evaluation report. If parents want help in understanding the report, they can call the person listed on the notice. If the parents disagree with the IEP team decision, they can use the problem solving procedures in this book.

What The Law Says

REQUIREMENT THAT PROGRAM BE IN EFFECT. At the beginning of each school year, each local educational agency shall have in effect, for each child with a disability, an individualized education program. 115.787(1)

What The Law Means

Each child eligible for special education must have a current IEP at the beginning of each school year

What Needs To Be Done

The school will make sure that the IEP for each child who qualifies for special education services is up-to-date and ready for the beginning of the school year.

What Parents Need to Know or Do

Parents should review their child’s IEP at the beginning of the school year. They should make sure that all parts of the IEP fit the new school year. If the child has changed in some way that needs a change in the IEP, the parent can ask for a meeting to review the IEP.

What The Law Says

Accessibility of child’s IEP to teachers and others. Each public agency must ensure that –

(1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(2) Each teacher and provider…is informed of-

(i) His or her specific responsibilities related to implementing the child IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 34 CFR 300.323(d)

What The Law Means

Everyone at school who works with the child should be able to see the IEP.

What Needs To Be Done

The school must make sure all of the child’s teachers and service providers can look at or get a copy of the IEP.

The school must make sure all of the child’s teachers and service providers know their specific responsibilities for implementing the IEP and what accommodations, modifications, and supports must be provided.

What Parents Need to Know or Do

Parents can give copies of the IEP to anybody they want.

The school makes sure all of the child’s teachers and service providers can look at or get a copy of the IEP.

What The Law Says

The local educational agency shall give a copy of the child’s individual education program to the child’s parents with the notice of placement. 115.787(3) (e)

What The Law Means

When the Notice of Placement is given to parents, the LEA must give a copy of the child’s IEP to parents.

What Needs To Be Done

The school must give a final copy of the IEP to the child’s parents when they send the Notice of Placement.

What Parents Need to Know or Do

Parents will get a copy of the new IEP with the Notice of Placement, unless they ask for it earlier. Parents should keep copies of the IEP and check it to see if the goals are being met. When parents get their copy of the IEP, they should read it carefully. If parents have questions, they should call the school. They may ask for a new IEP meeting, if they want to talk about changes.

What The Law Says

Required Components. An individualized education program shall include all of the following:

What The Law Means

The required parts of the IEP are:

What Needs To Be Done

Schools make sure all parts of the IEP are up-to-date.

What Parents Need to Know or Do

Parents make sure all parts of the IEP are up-to-date.

What The Law Says

A statement of the child’s present level of academic achievement and functional performance, including how the child’s disability affects the child’s involvement and progress in the general curriculum or, for a preschool child, as appropriate, how the disability affects the child’s participation in appropriate activities. 115.787(2)(a)

What The Law Means

The IEP must include the child’s present level of learning and functional performance, addressing each area of need. The present level of performance describes how the child is doing in specific areas of need found during the evaluation. Functional performance is how the child uses his learning and other skills like self-care. It includes the child’s strengths, interests, and needs.

What Needs To Be Done

Schools make sure that each area of need has a present level of achievement and functional performance. There are two parts to the present level of performance. The IEP will say how the child’s participation in the general curriculum or other activities is affected by the disability. It will also describe how the child performs in both academic and nonacademic areas of need.

What Parents Need to Know or Do

Information from the parents is helpful to the school in planning for the child’s educational needs. Parents share with the IEP team how the child’s disability affects everyday activities such as homework, play, and self care. They can share information about the child’s interests and activities. They provide information about the child’s strengths and areas of need. It helps if parents give information about outside services.

What The Law Says

A statement of measurable annual goals for the child, including academic and functional goals, designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general curriculum, and meet each of the child’s other educational needs that result from the child’s disability. 115.787(2)(b)

What The Law Means

Goals are to help the child learn the general curriculum and meet other educational needs. Measurable goals usually cover what the child can be expected to meet in about one year.

What Needs To Be Done

The IEP team writes annual goals that the child will likely complete in one year. The goal will say what kind of change is expected. The goals relate to the child’s needs that are due to the child’s disability. The goals help the child be included in the general curriculum and other activities at school.

What Parents Need to Know or Do

Parents will help the rest of the IEP team understand what they expect of their child in the general curriculum and other activities.

Parents should share what they would like their child to be able to do.

What The Law Says

For a child with a disability who takes alternate assessments aligned with alternate achievement standards, a description of benchmarks or short-term objectives. 115.787(2)(bm)

What The Law Means

If the IEP team decides that a child with a disability will take an alternate assessment for a statewide or district test, then the goals in the IEP must have benchmarks or short-term objectives.

What Needs To Be Done

If the IEP team decides that the child will take a different kind of test instead of the required state tests, then each goal will have small steps the child will master on the way to meeting the annual goal.

What Parents Need to Know or Do

If the IEP team decides that the child will take a different kind of test instead of the required state tests, then each goal will have small steps the child will master on the way to meeting the annual goal.

Benchmarks or short term objectives can be written for any IEP if the team decides to do so.

What The Law Says

A statement of all of the following:

1. How the child’s progress toward attaining the annual goals described in par. (b) will be measured.
2. When periodic reports, such as quarterly reports or other periodic reports issued concurrently with report cards, on the child’s progress toward attaining the annual goals described in par. (b) will be provided to the child’s parents. 115.787(2)(h)

What The Law Means

The child’s progress toward annual goals must be measured.

Parents will be told how well their child is moving toward reaching the annual goals on a schedule the IEP says.

What Needs To Be Done

The IEP will include how the school will measure the progress the child is making towards the annual goal. The IEP will also include when the parents will be told about that progress.

What Parents Need to Know or Do

Parents must make sure they get reports about their child’s progress on the IEP goals. The reports can be written or told to parents. If parents have questions about the report, they should ask the school staff to explain it in plain language.

What The Law Says

A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child to do all of the following:

1. Advance appropriately toward attaining the annual goals.
2. Be involved and make progress in the general curriculum in accordance with par. (a) and participate in extracurricular and other non-academic activities.
3. Be educated and participate with other children with disabilities and nondisabled children in the activities described in this subsection.

115.787(2)(c)

What The Law Means

The IEP must include:

– The special education and related services, extra help and supplementary aids and services that will be given to the child or provided for the child.
– A statement about program changes, or help for school staff that will help the child do all of the following:
— Move appropriately toward the annual goals,
— Learn the general education curriculum,
— Be part of any school activities that any other children do, and
— Be educated with children with and without disabilities.

What Needs To Be Done

The IEP team will decide which special education services and which related services, modifications, accommodations and other services, the child will need to be part of the general curriculum and other activities and advance toward annual goals. To the extent possible, the services are to be shown to be effective by research. The IEP team decides how the program will be changed for the child and what kinds of help school staff need so the child can:

– Make progress toward annual goals;
– Have as much success as possible in the general curriculum; and
– Be part of the other school activities.
– Be educated with children without disabilities.

What Parents Need to Know or Do

The IEP team decides what special help and services the child will receive.

The child has the right to be educated with other children with disabilities and with children who do not have disabilities.

What The Law Says

An explanation of the extent to which the child will not participate with nondisabled children in regular classes, in the general curriculum and in extracurricular and other nonacademic activities. 115.787(2)(d)

What The Law Means

If participation in the regular class or general curriculum is not right for the child, the IEP must explain how much the child would not be part of regular classes or other school activities or learning what other children learn.

What Needs To Be Done

The IEP team will decide if, when, and why the child will not be in the regular classroom. They will also talk about if, when and why, the child may be pulled out of the regular curriculum and other activities. The IEP team will decide what modifications are needed for the child to succeed in regular classes.

What Parents Need to Know or Do

Parents need to understand why and how much their child will not be in the general classroom with children who do not have disabilities, learning what the other children learn. Parents also need to understand if, when, and why their child will not be in extra curricular and other nonacademic activities, such as lunch, recess, gym, art and music.

What The Law Says

1. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on statewide or local educational agency-wide assessments.
2. If the individualized education program team determines that a child will take an alternate assessment on a particular statewide or local educational agency-wide assessment of pupil achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.

115.787(2)(e)

What The Law Means

Most children with disabilities will participate in state and district-wide tests. The IEP says what changes might be needed in how the test is given. It also explains what help the child will have for state tests or school district tests.

Most children with disabilities will take the state and district-wide tests, with or without accommodations. For the few children who cannot take the regular tests, the IEP team must explain why and provide for a different test.

What Needs To Be Done

The IEP team will decide what kind of help the child may need for state and school district tests.

The IEP team decides if the child cannot take the statewide tests. The team uses the Wisconsin Alternate Assessment Participation Checklist to decide if an alternate assessment is needed in each area of curriculum.

For the few children who cannot take district-wide tests, a different test is given.

What Parents Need to Know or Do

Parents, as part of the IEP team, help decide what help their child may need to take the district or statewide tests.

A few children will take different tests called alternate assessments. Parents help decide when alternate tests are necessary. Alternate assessments might not be written tests.

DPI has guidelines for alternate assessments. The school may also have guidelines for alternate assessments. Ask to see them.

What The Law Says

The projected date for the beginning of the services and modifications described in … [the IEP] and the anticipated frequency, location and duration of those services and modifications. 115.787(2)(f)

What The Law Means

Each IEP must have a beginning date for the services identified in the IEP. The IEP will say how often each service will happen, where it will happen and how long it will happen.

What Needs To Be Done

The IEP says when the services and modifications will begin. The IEP also says how often, where and the amount of those services and modifications.

What Parents Need to Know or Do

Parents are part of the IEP team that decides when services begin, where they are provided, how often they are provided, and how long they continue.

What The Law Says

1. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a statement of appropriate, measurable postsecondary goals for the child based on age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills.
2. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a description of the transition services, including courses of study, needed to assist the child in reaching the goals under subd. 1. 115.787(2)(g).

What The Law Means

Transition planning begins no later than the IEP that will be in place when the child turns 14. Transition planning is part of the IEP every year after that. The IEP team writes measurable goals for after high school. The goals are based on age appropriate assessments of the child’s needs for training, education, employment, and independent living skills.

No later than age 14, the IEP describes transition services the child will need to reach the after high school goals. Transition planning is part of the IEP every year until the child is out of school.

What Needs To Be Done

Transition planning must include the child’s strengths, preferences and interests. The school invites the pupil to participate in the meeting. If the pupil does not come, the IEP team still must consider the child’s strengths, preferences, and interests.

The IEP team writes measurable postsecondary goals. The pupil’s course of study, coordinated set of activities, and annual IEP goals should lead to the pupil’s measurable postsecondary goals.

The IEP team decides which classes and other activities will help the pupil reach the goals s/he would like to achieve after high school. Transition services may include instruction, related services, community experiences, the development of employment and other post-school living objectives, acquiring daily living skills, and functional vocational evaluation.

What Parents Need to Know or Do

Transition is about preparing for life as an adult. Parents and their child are very important in transition planning. Parents, as well as their child, can contribute information to transition assessments. Parents should talk with their child about their strengths, preferences, and interests. Parents and youth can help the rest of the IEP team identify measurable goals that the pupil would like to achieve after high school.

Parents can encourage their child to come to the IEP team meeting and tell the rest of the IEP team what the child wants for life beyond high school, so classes and services can be selected. Wisconsin Division of Vocational Rehabilitation (DVR) provides job and employment services for adults with disabilities.

Call DVR to find out what it can offer young adults.

Find your county DVR in the Resource Directory of the Wisconsin Statewide Transition Initiative (WSTI): http://www.wsti.org/resource_directory.php

Refer to WSTI Project website at: http://www.wsti.org.

What The Law Says

Beginning at least one year before the child attains the age of 18, and annually thereafter, a statement that the child has been informed of the child rights that will transfer to the child on reaching the age of 18… 115.787(2)(g) 3

When a child with a disability, other than a child who has been determined to be incompetent…, reaches the age of 18, all of the following apply:

(1) The local educational agency shall provide any notice required by this subchapter to both the individual and individual’s parents.

(2) All other rights accorded to the individual’s parents under this subchapter transfer to the individual.

(3) The local educational agency shall notify the individual and the individual’s parents of the transfer of rights. 115.807

What The Law Means

When the child is 17 years old, the school will tell the child that next year he or she will legally be an adult.

When a child with a disability reaches the age of 18, all rights under special education law go to the adult pupil. Parents and the adult pupil both get notices. The LEA notifies both the adult pupil and the parents of the transfer of rights.

What Needs To Be Done

Schools tell pupils and families that at age 18 the pupil is legally an adult.

Schools inform adult pupils about their rights under special education law. Schools inform parents about the change. Schools send notices to both adult pupils and their parents.

What Parents Need to Know or Do

At age 18, the pupil is legally an adult. Schools send notices to both the adult pupils and their parents.

Some children may need guardianship because of their disability. Guardianship is a legal process. Parents need to consult an attorney for help with the process. Only a court can appoint a guardian. Guardians are appointed for persons who are unable to make decisions about their health, finances, and well-being.

Parents should inform the school if they are in the process of filing for guardianship or need more information about it.

What The Law Says

Local educational agency duties.  A local educational agency shall demonstrate to the satisfaction of the division that it does all of the following:

(b)  Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law.  115.77(1m)(b)

(a)General. (1) Each public agency must ensure that extended school year services are available as necessary to provide FAPE…

(2) Extended school year services must be provided only if a child’s IEP team determines, on an individual basis,…that the services are necessary for the provision of FAPE to the child.

(3) In implementing the requirements of this section, a public agency may not—

(i) Limit extended school year services to particular categories of disability; or

(ii) Unilaterally limit the type, amount, or duration of those services.

(b)  Definition.  …the term extended school year services means special education and related services that–

1. Are provided to a child with a disability–
   1. Beyond the normal school year of the public agency;
   2. In accordance with the child’s IEP; and
   3. At no cost to the parents of the child and
2. Meet the standards of the SEA

34 CFR 300.106

What The Law Means

The school must give extended school year (ESY) services to children who need it in order to receive a free appropriate public education. ESY is special education and related services beyond the regular school year. The LEA may give ESY services during summer or other school breaks. The LEA must give services that are listed in the IEP. The LEA cannot charge the parent for ESY services.

What Needs To Be Done

If the child may need extended school year (ESY) services, the IEP team needs to discuss it. The IEP team decides if a child needs ESY services. ESY is not just for children with certain disabilities. A child may need ESY services one year and not the next. The IEP team looks at all appropriate factors. The IEP team considers whether the child’s gains made during the regular school year are threatened if the LEA does not give ESY services. Each child is different. The IEP team should look at:

• the extent of the disability;
• the extent of the skills lost or that may be lost;
• the time needed to relearn skills;
• whether parents can help;
• how quickly the child learns;
• skill just being introduced;
• the child’s behavior and physical needs;
• emerging skills;
• and other appropriate factors.

This list is not all the things for the IEP team to consider. A child does not have to meet all of these items. Not one item controls the decision. ESY services are:

• not always the same as regular school year services;
• sometimes just related services such as occupational therapy or physical therapy, and
• given in a variety of places such as home, school, or community.

The IEP team writes the ESY services into the IEP.

What Parents Need to Know or Do

Parents can ask for extended school year (ESY) services by asking for an IEP meeting. The IEP team decides if ESY services are needed. The IEP team does not have to discuss ESY unless a participant on the team asks about it. Parents may want to talk about ESY services with the IEP team. Parents can discuss their child’s possible loss of skills. Parents may look at the length of time it takes a child to regain skills after long vacation times from school.

Parents may have other information about their child that may help the IEP team.

It is most helpful for parents to ask about ESY well in advance of the school break.

If parents disagree with the IEP team decision about ESY, see Problem Solving.

What The Law Says

What The Law Means

What Needs To Be Done

The IEP team will consider the child’s:

• strengths;
• the parent’s concerns for enhancing the education of their child;
• the results of the initial evaluation or most recent reevaluation;
• the academic needs of the child;
• the developmental needs of the child;
• and the functional needs of the child.

What Parents Need to Know or Do

Parents should be part of planning their child’s educational program.  They should ask questions and make suggestions.

Parents should talk about what their child should learn and how to help the child learn.  Parents should state what they think their child’s strengths and weaknesses are.

What The Law Says

1. In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports and other strategies to address that behavior.  115.787(3)(b)1

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

4. Consider the communication needs of the child, and, in the case of a child who is hearing impaired, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.  115.787(3)(b)4

What The Law Means

What Needs To Be Done

The IEP team must look at the communication needs of the child.  If the child is hearing impaired, the IEP team must consider the child’s:

• language;
• communication needs;
• opportunities for direct communication with peers and professional personnel;
• language and communication mode;
• academic level;
• full range of needs; and
• opportunities for direct instruction in the child’s language and mode of communication.

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

The IEP team must talk about using assistive technology.  Parents can tell about the child’s skills with knobs, switches, computers, etc. and how any of these things may help the child in school.   They can tell the IEP team about what the child can do at home and in the community.

Assistive Technology is an important topic.  Parents may call WI FACETS at 1-877-374-4677 to get information.  Information is also available from the Wisconsin Assistive Technology Initiative at 1-800- 991-5576 or at www.wati.org.  CESAs also have Assistive Technology staff.

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

1. Any lack of expected progress toward the annual goals and in the general curriculum
    The IEP team must see if the child is not making the expected progress toward achieving the annual goals, including progress in the general curriculum.

What The Law Means

The IEP team must see if the child is not making the expected progress toward achieving the annual goals, including progress in the general curriculum.

What Needs To Be Done

The IEP team must look at the child’s IEP to see if there has been any area where the child has not made gains as written in the IEP, which includes the regular education setting.

What Parents Need to Know or Do

What The Law Says

• The results of any reevaluation…
• Information about the child provided to or by the child’s parents…
• The child’s anticipated needs
• Other matters.  115.787(4)

What The Law Means

In reviewing and rewriting, the IEP team must consider the results of any other information provided to them by anyone, especially the parents. The IEP team must consider the results of reevaluation information. The IEP team must see if there are any new needs expected within the coming year. The IEP team must look to see if anything else needs to be in the IEP.

The IEP team must look at information the parents provide. The IEP team must look at any current information that is available to them regarding the child’s IEP. The IEP team must look at reevaluation information. The IEP team must look to see if there are any new needs that must be addressed.

What Needs To Be Done

The IEP team must look at information the parents provide. The IEP team must look at any current information that is available to them regarding the child’s IEP. The IEP team must look at reevaluation information. The IEP team must look to see if there are any new needs that must be addressed.

What Parents Need to Know or Do

 Here’s information you can bring:

• Do you know of anything that needs to be looked at in your child’s IEP?
• Is there anything new that needs to be added?
• Do you know of anything that needs to be worked on for the coming year?

What The Law Says

After the annual individualized education program meeting for a school year, the entire individualized education program team may make changes to the child’s individualized education program, or the child’s parent and the local educational agency may agree not to convene an individualized education program team meeting for the purpose of making changes to the child’s individualized education program. If the child’s parent and the local educational agency agree not to convene an individualized education program team meeting, they shall instead develop a written document to modify the child’s current individualized education program. The local educational agency shall give the child’s parent a copy of the child’s revised individualized education program. 115.787(4)(c) The public agency must ensure that the child’s IEP Team is informed of those changes. (34CFR 300.324 (a)(4)(ii).

What The Law Means

The IEP must be reviewed and revised if needed by the whole IEP team each year. If changes are needed after that meeting, the changes can be made by either the whole IEP team or some members of the team and the parents without a

The IEP must be reviewed and revised if needed by the whole IEP team each year.  If changes are needed after that meeting, the changes can be made by either the whole IEP team or some members of the team and the parents without a meeting, if they agree.  If the parents and school agree to make changes without a meeting, the school must send the parents the changes that were made in writing.

The school must also send a copy of the changed IEP.

The school must record how they informed the rest of the IEP team of the changes made in the IEP.meeting, if they agree. If the parents and school agree to make changes without a meeting, the school must send the parents the changes that were made in writing. The school must also send a copy of the changed IEP. The school must record how they informed the rest of the IEP team of the changes made in the IEP.

What Needs To Be Done

If the parents and school agree to make changes to the IEP without a meeting, the changes need to be put in writing and sent to the parents. The school has to inform the rest of the IEP team about the changes made to the IEP and keep a record of informing the team.

What Parents Need to Know or Do

Parents do not have to agree to make changes to their child’s IEP without a meeting.  If it is not a big change, parents may want to agree to make the changes without a meeting, if they agree with the changes.  This will save a meeting.

The school has to let the rest of the IEP team know what changes were made and keep a record to show this was done.

What The Law Says

If, at any time after  the initial provision of special education and related services, the parent of a child revokes consent in writing for continuing  special education and related services, the local educational agency–

1. May not continue to provide special education and related services to the child but must provide prior written notice before ending the special education and related services;
2. May not use the procedures in this law (including mediation or due process) in order to obtain agreement or a ruling the services may be provided to the child;
3. Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services; and
4. Is not required to convene an IEP Team meeting or develop an IEP for the child.

34 CFR 300.300 (b)(4)

What The Law Means

A parent may withdraw consent for special education at any time.  The withdrawal must be in writing.  If the parent withdraws consent, the school will provide the parent with a prior written notice explaining when it will stop providing the special education and related services.  Once special education and related service stops, the school:

1. Is not required to make FAPE available to the child;
2. Is not required to have an IEP meeting or develop an IEP for the child;
3. Is not required to apply the special education discipline protections; and
4. Is not required to amend the child’s educational records to remove any reference to the child’s special education and related services.

What Needs To Be Done

The parent must notify the school in writing that he/she wishes to withdraw consent for special education and related services for the child. When the school receives the written withdrawal from the parent, the school must give the parent prior written notice a reasonable time before stopping special education and related services.

What Parents Need to Know or Do

A parent may withdraw consent for special education and related services for his/her child at any time. The withdrawal must be for all special education and related services. In other words, a parent cannot decide to revoke consent for some services, but keep others. All special education and related services will be stopped when parental consent is withdrawn. Once special education and related services stop, the school district is not required to make FAPE available to the child and is not required to have an IEP meeting or develop an IEP for the child. If the child is disciplined, the district is also not required to apply the discipline protections that are available under IDEA. The school district is not required to amend the child’s educational records to remove references to the child’s previous special education services. If the child is referred for special education in the future, the district must conduct an evaluation, and the evaluation will be treated as an initial evaluation. Tip: Parents should thoroughly consider all of these consequences when removing their child from special education.

What The Law Says

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that—
(a) The placement decision—
(1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
(2) Is made in conformity with the LRE provisions of this subpart, including §§ 300.114 through 300.118;
(b) The child’s placement—
(1) Is determined at least annually;
(2) Is based on the child’s IEP; and
(3) Is as close as possible to the child’s home;
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;
(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and

(e) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.  34 CFR 300.116

What The Law Means

Decisions about the placement of a child with a disability must be made by a group of people.  In Wisconsin, that group is the IEP Team.  
Placements must meet the requirements for least restrictive environment (LRE).  
Placement must be decided at least once a year and must be based on the child’s IEP.  The placement must be as close to the child’s home as possible.
Unless the child’s IEP requires something else, the child is educated in the school the child would attend if not disabled.
When the IEP team selects the least restrictive environment, it must consider any possible harmful effects on the child or the quality of the services the child needs.

A school cannot remove a child from the regular classroom just because the child needs to have the curriculum modified.

What Needs To Be Done

The IEP team decides on the special education placement for a child with a disability.

Placement decisions must meet the requirements for LRE.

Each child’s placement must be decided at least once a year.  The child’s placement is based on the IEP.  Placement must be as close as possible to the child’s home. Unless the child’s IEP requires something else, the placement must be in the school the child would otherwise attend.

In deciding on a placement, the IEP team has to consider any harmful effects on the child and on the quality of services the child needs.

Children with disabilities cannot be removed from regular classes only because modifications are needed in the general curriculum.

What Parents Need to Know or Do

In Wisconsin, the IEP team, which includes the parent, decides the educational placement.

The IEP team has to think about many things in deciding on a placement.  The IEP team must consider the LRE requirements.  

The placement must be decided at least once a year.  The services are based on the IEP and provide an appropriate education.  The placement must be as close to the child’s home as possible.  Unless the child needs something else, the child should be educated in the school the child would attend if he did not have a disability.  Sometimes the IEP cannot be carried out at the school the child would attend if he did not have a disability.  Then the services must be at the closest possible school where the IEP can be carried out.

The team considers how the child will do and how well services can be delivered in the environment or school chosen.

A school cannot remove a child from the regular classroom just because the child needs to have the curriculum modified.

What The Law Says

(a) General
(2) Each public agency must ensure that—
(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  34 CFR 300.114

What The Law Means

Children with disabilities must be educated with nondisabled children as much as is appropriate.

Children with disabilities are removed from regular classes to special classes or separate schools only if the child’s disability is so severe that education in regular classes with aids and services is not satisfactory.

What Needs To Be Done

The school must be sure that children with disabilities are educated with children who are not disabled as much as is appropriate.

Children with disabilities are removed from regular classes to special classes or special schools only if the child’s disability is so severe that education in regular classes with supplementary aids and services is not satisfactory.

What Parents Need to Know or Do

Most children with disabilities should be educated with nondisabled children their own age.  This includes children in institutions or other care centers.

Children with disabilities can be removed from the regular classroom when the child’s needs are so great they cannot be met in the regular classroom even with extra help.

What The Law Says

(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
(b) The continuum required in paragraph (a) of this section must—
(1) Include the alternative placements listed in the definition of special education under § 300.38 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement. 34 CFR 300.115

What The Law Means

Each school district must have a range of alternative special education placements available including:

• Instruction in regular classes
• Special classes
• Special schools
• Home instruction
• Instruction in hospitals and institutions

Schools must provide for supplementary services like resource rooms or itinerant instruction to be used with instruction in regular classes.

What Needs To Be Done

The district must have a range of alternative placements available, including:

• Instruction in regular classes
• Special classes
• Special schools
• Home instruction
• Instruction in hospitals and institutions

School districts must provide for supplementary services, like resource rooms or itinerant instruction, to be used with instruction in regular classes.

What Parents Need to Know or Do

Each district must have a range of options available to be able to implement the IEPs for all children in the district.

School districts must provide for supplementary services, like resource rooms or itinerant instruction, to be used with instruction in regular classes.

What The Law Says

What The Law Means

Each district must be sure that every child with a disability participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of the child.
   Examples of these activities include:

• Lunch,
• Recess,
• Counseling,
• Athletics,
• Transportation,
• Recreational activities, and
• Health services.

The district must be sure that each child with a disability has the supplementary aids and services appropriate and necessary for the child to participate in nonacademic settings, as determined by the IEP team.

What Needs To Be Done

As much as is appropriate based on the child’s needs, schools must help children with disabilities participate in nonacademic and extracurricular services with children who are not disabled.  Examples of these activities include:

• Lunch,
• Recess,
• Counseling,
• Athletics,
• Transportation,
• Recreational activities, and
• Health services.

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

If the parent of a child with a disability denies consent or does not respond to a request for consent, all of the following apply:

1. The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education.
2. The local educational agency is not required to convene an individualized education program team meeting or to develop an individualized education program for the child for the special education and related services for which the local educational agency sought consent.  115.79(2)

What The Law Means

If a parent refuses consent for special education services, the school is not required to make an appropriate education available to the child.  The school does not have to have an IEP team meeting or write an IEP for the child. 

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

(e) IEPs for children who transfer public agencies in the same state.  If a child with a disability (who had an IEP that was in effect in a previous public agency in the same state) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including  services comparable to those described in the child’s IEP from the previous public agency) until  the new public agency either-
(1) Adopts the child’s IEP from the previous public agency; or

(2) Develops, adopts, and implements a new IEP …  34 CFR 300.323(e)

What The Law Means

What Needs To Be Done

The child’s new school must get the current IEP and evaluation from the old school.  Special education must start right away.

The new school will review the most recent evaluation, eligibility determination, and IEP.  The IEP team may evaluate to see if the child is eligible.  Until the evaluation is done and a new IEP is written, the school will provide services as close as possible to the old IEP.

What Parents Need to Know or Do

Be sure to tell the new school your child received special education.  It will help the school if parents bring their child’s IEP to the new school.  Bring a copy of the most recent evaluation.  Bring the phone number of your old school.

The new school must let your child start school right away.

The new school must provide special education to your child right away.

Give the new school your child’s most recent evaluation and IEP.  You should participate in any meetings about your child’s evaluation, eligibility, IEP, or educational placement.

What The Law Says

(f) IEPs for children who transfer from another State.  If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency-
(1) Conducts an evaluation…(if determined to be necessary by the new public agency, and 
(2) Develops, adopts, and implements a new IEP, if appropriate… 34 CFR 300.323(f)

What The Law Means

When a pupil transfers from a school outside Wisconsin, the new school must enroll the child right away.  The school must continue the child’s special education. 

The services must be a close as possible to what was in the IEP in the other state.  The school must continue providing services under the old IEP until it does an evaluation and new IEP, if needed.

What Needs To Be Done

The child’s new school must get the current IEP and evaluation from the old school.  Special education must start right away.

The new school will review the most recent evaluation, eligibility determination, and IEP.  The IEP Team may evaluate to see if the child is eligible.  Until the evaluation is done and a new IEP is written, the school will provide services as close as possible to the old IEP.

What Parents Need to Know or Do

Be sure to tell the new school your child received special education.  It will help the school if parents bring the old IEP to the new school.  Bring a copy of the most recent evaluation.  Bring the phone number of your old school.

The new school must let your child start school right away.

Give the school the most recent evaluation and IEP.  You should participate in any meetings about your child’s evaluation, eligibility, IEP, or educational placement.

What The Law Says

A local educational agency shall ensure that the individualized education program team does all of the following:

1. Evaluates a child with a disability in accordance with this section before determining that the child is no longer a child with a disability…
2. Reevaluates a child with a disability … if the local educational agency determines that the educational or related services needs of the child, including the child’s academic performance warrant a reevaluation or if the child’s parent or teacher requests a reevaluation,…but at least once every 3 years…  115.782(4)(a)

What The Law Means

Reevaluation must be done by an IEP team before removing a child from special education.

The school reevaluates the child at least every three years.  A parent or teacher may ask for a reevaluation any time.  Reevaluation does not always mean giving tests.  The IEP team reviews existing information and decides if new tests are needed.

What Needs To Be Done

The school will send a notice about the reevaluation.  The IEP team reviews existing information and decides if new testing is needed.  The notice will say why the reevaluation is needed.  Reevaluations happen:

1. if the parents or teacher asks for a reevaluation;
2. for a regular 3-year reevaluation; and
3. when school staff thinks the child no longer qualifies for special education.

Reevaluations follow the same procedures as evaluations.  

What Parents Need to Know or Do

If the parent thinks the child does not need special education any more, they should ask for a reevaluation.  They should say why they think the child does not need special education.  If the child’s needs change, parents or school staff can ask for a reevaluation.

The IEP team will do a reevaluation.  Parents are equal partners on the IEP team.  The IEP team decides when a child no longer needs special education. 

Reevaluations follow the same procedures as evaluations.

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

…The individualized education program team shall reevaluate a child…at least once every 3 years unless the child’s parent and the local educational agency agree that a reevaluation is not necessary. 115.782(4)(a)2.

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

What The Law Says

What The Law Means

What Needs To Be Done

What Parents Need to Know or Do

The school must get the parents’ written consent before doing any new testing.  If parents agree to the testing, they should sign the consent.  If they have questions about it, they should ask the school.

If the parents say they do not want new testing, the school may ask for mediation or a due process hearing to allow the testing.

What The Law Says

If the [IEP] team and other qualified professionals, as determined by the local educational agency, find…that no additional data are needed to determine whether the child continues to be a child with a disability, the local educational agency shall notify the child’s parents of that finding and the reasons for it and the right of the child’s parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs.  The [LEA] is not required to conduct such an assessment unless the child’s parent requests it.  115.782(4)(c)

What The Law Means

Reevaluations must be done at least every three years.  The IEP team, which includes the parent, decides whether or not more testing is needed.  The school must tell the parents, in writing, about this decision.  If the IEP team decides no additional testing is needed, they must also explain why they decided not to do the testing.  Parents have the right to have additional testing in a reevaluation, if they think it is needed.

What Needs To Be Done

The school will notify the parent if the IEP team decides that testing is not needed as part of the reevaluation.

What Parents Need to Know or Do

Sometimes the IEP team will feel more testing is not needed.  Then, the school must tell the parents why.  The parents still have a right to ask for testing to be done.  They should ask for testing in a letter.