FAQ's-Frequently Asked Questions

1. What is a Disability?
2. What is IDEA (Individuals with Disabilities Act)?
3. What Disabilities Entitle a Child To Special Education?
4. What is a Disability under Section 504?
5. What If a Child is thought to have a Disability?
6. What is the difference between IDEA and 504?
   

FAQ's about the IEP Process

1. What is an Individualized Education Program?
2. What type of information is included in an IEP?
3. My child has been found eligible for special education.
   Who develops my child's IEP?
4. Can I help develop my child's IEP?
5. Who will schedule an IEP meeting?
6. What should I do before the IEP meeting?
7. What happens during an IEP meeting?
8. What are related services?
9. What is assistive technology?
10. What about my child's placement - who decides this?
11. Can my child's IEP be changed?

Answers:
1. What is a Disability?
For your child to receive special education or special services required by your local public school system, they have to have a" disability as defined in the IDEA (The Individuals with Disabilities in Education Act). A disability is an impairment that interferes with a child's ability to learn. In general, the term "disabled" is used to describe a child who has mental, physical, or emotional impairments that affect his or her ability to learn. To qualify for special education services in school, a student's impairment must also meet the definition of a disability under special education laws.
It is important to recognize that having a disability does not mean that a child isn't smart or can't learn. It simply means that he or she needs special instruction or extra help in certain areas.

2. What is IDEA (Individuals with Disabilities Act)?
The primary law that protects students with disabilities is the Individuals with Disabilities Act, or "IDEA," a law enacted by Congress to ensure that students with disabilities would be provided with meaningful educational experiences. IDEA creates a complex web of procedural protections designed to assure that disabled students receive a "free and appropriate public education" or "FAPE." This means that under IDEA, school districts must provide eligible students with specialized educational services tailored to meet their individual needs.

3 .What Disabilities Entitle A Child To Special Education?
Disability categories under IDEA
The Education for All Handicapped Children Act (P.L. 94-142) of 1975 and the Individuals with Disabilities Education Act (IDEA) (P. L. 101-476) identified specific categories of disabilities under which children may be eligible for special education and related services.

As defined by IDEA, the term "child with a disability" means a child:
with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services.

The most recent legislation, the IDEA Amendments of 1997 (P.L. 105-17), allows states and local education agencies to apply the term "developmental delay" for children ages 3-9. Previously, this definition applied to children ages 3-5.

For children ages 3 through 9, the term "child with a disability" may, at the discretion of the state and the local education agency, include children who are experiencing developmental delays in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development....
Thus, children must meet two criteria in order to receive special education: (1) the child must have one or more of the disabilities listed below, and (2) he or she must require special education and related services. Not all children who have a disability require special education; many are able to and should attend school without any program modifications.
Following are the disabilities included in the definition.

Autism: A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3 that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has a serious emotional disturbance as defined below. Autism was added as a separate category of disability in 1990 under P.L. 101-476. This was not a change in the law so much as it is a clarification. Students with autism were covered by the law previously, but now the law identifies them as a separate and distinct class entitled to the law's benefits.

Deafness: A hearing impairment so severe that the child cannot understand what is being said even with a hearing aid.

Deaf-blindness: A combination of hearing and visual impairments causing such severe communication, develop-mental, and educational problems that the child cannot be accommodated in either a program specifically for the deaf or a program specifically for the blind.

Hearing impairment: An impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness as listed above.

Mental retardation: Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior. And manifested during the developmental period that adversely affects a child's educational performance.

Multiple disabilities: A combination of impairments (such as mental retardation-blindness, or mental retardation-physical disabilities) that causes such severe educational problems that the child cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.

Orthopedic impairment: A severe orthopedic impairment that adversely affects educational performance. The term includes impairments such as amputation, absence of a limb, cerebral palsy, poliomyelitis, and bone tuberculosis.

Other health impairment: Having limited strength, vitality, or alertness due to chronic or acute health problems such as a heart condition, rheumatic fever, asthma, hemophilia, and leukemia, which adversely affect educational performance. (Includes Attention Deficit Disorder [ADD]and Attention Deficit Hyperactivity Disorder [ADHD])

Emotional disturbance: A condition exhibiting one or more of the following characteristics, displayed over a long period of time and to a marked degree that adversely affects a child's educational performance:

An inability to learn that cannot be explained by intellectual, sensory, or health factors

An inability to build or maintain satisfactory interpersonal relationships with peers or teachers
Inappropriate types of behavior or feelings under normal circumstances

A general pervasive mood of unhappiness or depression

A tendency to develop physical symptoms or fears associated with personal or school problems.

This term includes schizophrenia, but does not include students who are socially maladjusted, unless they have a serious emotional disturbance. P.L. 105-17, the IDEA Amendments of 1997, changed "serious emotional disturbance" to "emotional disturbance." The change has no substantive or legal significance. It is intended strictly to eliminate any negative connotation of the term "serious."

Specific learning disability: A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. This term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. This term does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities; mental retardation; or environmental, cultural or economic disadvantage.
Speech or language impairment: A communication disorder such as stuttering, impaired articulation, language impairment, or a voice impairment that adversely affects a child's educational performance.

Traumatic brain injury: An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition;language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior;physical functions; information processing; and speech.

The term does not apply to braininjuries that are congenital or degenerative, or brain injuries induced by birth trauma. As with autism, traumatic brain injury (TBI) was added as a separate category of disability in 1990 under P.L. 101-476.

Visual impairment, including blindness: An impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

Some students with disabilities are able to succeed in school without special education but require some kind of supportive service or accommodation. A law known as Section 504 of the Rehabilitation Act of 1973 offers students with disabilities both services and accommodations that are necessary for the student to participate fully in the life of the school. To receive services under Section 504 a student must have a mental or physical impairment that substantially impairs a major life activity, and requires special accommodations. Major life activities include functions such as breathing, walking, learning, caring for one's self, seeing, speaking, performing manual tasks, hearing, and working. Like IDEA, a Section 504 Plan guarantees students with disabilities the right to FAPE.

Section 504 offers a Team approach, a writtenplan, appropriate accommodations, services, and programs, and periodic review of services. A "504 Plan" can assure students with disabilities the opportunity to join in all aspects of school life. Accommodations in non-academic and extracurricular activities, adaptive equipment or assistive technology devices, an aide, assistance with health needs, school transportation or other related services are possible 504 accommodations.

The Rehabilitation Act of 1973, Section 504, prohibits discrimination against handicapped people. This law outlines procedures for providing services to students who have physical or mental impairments.

Federal regulations under Section 504 are very similar to those under IDEA. The primary difference between the two federal statutes is that Section 504 requires reasonable accommodation to ensure non-discrimination, while IDEA provides a sort of Affirmative Action for students who qualify under the Act Regulation under the Section 504.

4. What is a Disability under Section 504?
1. A district must identify and locate qualified handicapped students residing in the school district and notify the student's parents/ guardians of the opportunity for the student to receive a free and appropriate public education

2. Evaluate any student who, because of a handicap, needs, or is believed to need, accommodation in the regular education classroom setting, or requires related aids and services. Examples of related aids and services are or occupational therapy, classroom aides, or technological devices

3. Have a 504 Coordinator.
Procedures require that a program be created and periodically reviewed for qualified individuals and that parents need to be notified of any such program. Following the evaluation, the school district must utilize a multidisciplinary team or persons knowledgeable about the student to determine the appropriate placement and to develop an educational plan which is designed to meet the needs of the disabled student. Procedural safeguards are afforded to all 504 students. Examples of 504 students could be students with ADD, etc.
Section 504 provides services and accommodations if a child has a physical or mental impairment that substantially limits a major life activity. "Major life activities" under Section 504 include:

• Learning
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Caring for oneself
• Performing manual tasks

5. What If a Child is thought to have a Disability?
Children suspected of having a disability are evaluated by a multidisciplinary team that includes at least one teacher or other specialist with knowledge in the area of the suspected disability. Following a full individual evaluation of the child's educational needs, the team determines whether or not the child requires special education and related services. If the evaluation confirms that a child has one or more disabilities and requires special education and related services because of the disabilities, then states and localities must provide a free, appropriate public education for that child.

The new IDEA (P. L. 105-17) sends a strong message about the school's responsibility to include students with disabilities in the general education classroom and curriculum, with accommodations when necessary; "...to be involved and progress in the general curriculum...and to participate in extracurricular and other nonacademic activities; and...to be educated and participate with other children with disabilities and nondisabled children..."[Section 614(d)(1)(A)(iii)]. Schools may place children with disabilities in separate classrooms or schools only when supports and services are not enough to help the child learn in a regular classroom.

Independent Evaluations: The school is required by law to provide an evaluation of your child if you suspect a disability. Sometimes families also want to get an independent or "private" evaluation of their child to get more information. Here is a list of evaluation center that perform educational and/or vocational evaluations. Some of these centers have a sliding scale fee schedule. www.frcd.org/evalcen.html.

If your child has been found eligible for special education, the next step is to write what is known as an Individualized Education Program-this is usually called an IEP. After a child is found eligible, a meeting must be held within 30 days to develop to the IEP.
Note from A.S.K.: You can see a blank IEP form at the Illinois Department of Education website at http://www.isbe.state.il.us/spec-ed/PDF/iepform01.pdf.

This is the form used in District 65. The IEP form can be overwhelming at first glance. Please call A.S.K. if you have any questions or would like some explanation.

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6. What is the difference between IDEA and 504:
Read this informative article by Chicago Special Education Attorney Matthew
D. Cohen:
"SECTION 504 AND IDEA: Limited vs. Substantial Protections For Children
With AD/HD and Other Disabilities"
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1. What is an Individualized Education Program?
A: An Individualized Education Program (IEP) is a written statement of the educational program designed to meet a child's individual needs. Every child who receives special education services must have an IEP.
The IEP has two general purposes:
(1) to set reasonable learning goals for your child; and
(2) to state the services that the school district will provide for your child.
Vies the The Illinois Individualized Education Program (IEP) Form used in Evanston at : http://www.isbe.state.il.us/spec-ed/PDF/iepform01.pdf

2. What type of information is included in an IEP?
A: According to the IDEA, your child's IEP must include specific statements about your child that are listed below.
This information will be included in your child's IEP.
Present levels of educational performance
This statement describes how your child is currently doing in school. This includes how your child's disability affects his or her involvement and progress in the general curriculum.
Annual goals, short-term objectives or benchmarks
The IEP must state annual goals for your child, meaning what you and the school team think he or she can reasonably accomplish in a year. This statement of annual goals includes individual steps that make up the goals (often called short-term objectives) or major milestones (often called benchmarks). The goals must relate to meeting the needs that result from your child's disability. They must also help your son or daughter be involved in and progress in the general curriculum.

Special education and related services to be provided
The IEP must list the special education and related services to be provided to your child. This includes supplementary aids and services (such as a communication device). It also includes changes to the program or supports for school personnel that will be provided for your child.

Participation with nondisabled children
How much of the school day will your child be educated separately from nondisabled children or not participate in extracurricular or other nonacademic activities such as lunch or clubs? The IEP must include an explanation that answers this question.

Participation in state and district-wide assessments
Your state and district probably give tests of student achievement to children in certain grades or age groups. In order to participate in these tests, your child may need individual modifications or changes in how the tests are administered. The IEP team must decide what modifications your child needs and list them in the IEP. If your child will not be taking these tests, the IEP must include a statement as to why the tests are not appropriate for your child and how your child will be tested instead.

Dates and location
The IEP must state
(a) when services and modifications will begin;
(b) how often they will be provided;
(c) where they will be provided; and
(d) how long they will last.
Transition service needs
If your child is age 14 (or younger, if the IEPteam determines it appropriate), the IEP must include a statement of his or hertransition service needs. Transition planning will help your child move through school from grade to grade.

Transition services
If your child is age 16 (or younger, if determined appropriate by the IEP team), the IEP must include a statement of needed transition services if appropriate, a statement of the interagency responsibilities or any needed linkages.

Measuring progress
The IEP must state how school personnel will measure your child's progress toward the annual goals. It must also state how you, as parents, will be informed regularly of your child's progress and whether that progress is enough to enable your child to achieve his or her goals by the end of the year.

It is very important that children with disabilities participate in the general curriculum as much as possible. That is, they should learn the same curriculum as nondisabled children do - reading, math, science, social studies, and physical education.
In some cases, this curriculum may need to be adapted for your child to learn, but it should not be omitted altogether.

Participation in extracurricular activities and other nonacademic activities is also important. Your child'sIEP needs to be written with this in mind.

For example, what special education services will helpyour child participate in the general curriculum - in other words, to study what other students are studying? What special education services or supports will help your child take part in extracurricular activities such as school clubs or sports? When your child's IEP is developed, an important part of the discussion will be how to help your child take part in regular classes and activities in the school.

3. Who develops my child's IEP?
A: Many people come together to develop your child's IEP. This group iscalled the IEP team and includes most of the same types of individuals who were involved in your child's evaluation. In District 65, there is a C.A.R.E. (Child Action: Resource and Evaluation) team at each school that works with your child and will be at the IEP meeting. Parents and teachers have the right to request referrals for special education evaluation from the CARE team.
IEP Team members will include:

1. You, the parents
2. At least one regular education teacher, if your child is (or may be) participating in the regular education environment
3. At least one of your child's special education teachers or special education providers
4. A representative of the school system who (a) is qualified to provide or supervise the provision of special education, (b) knows about the general curriculum; and (c) knows about the resources the school system has available
5. An individual who can interpret the evaluation results and talk about what instruction may be necessary for your child - this is usually the school psychologist
6. Your child, when appropriate
7. Representatives from any other agencies that may be responsible for paying for or providing transition services (if your child is 16 years or, if appropriate, younger)
8. Other individuals (invited by you or the school) who have knowledge or special expertise about your child. For example, you may wish to invite a relative who is close to the child or a child care provider. Some A.S.K. members are available to attend your IEP. The most important thing they can do is take notes and be able to discuss the IEP afterwards to answer any questions.
   Together, these people will work as a team to develop your child's IEP.

4. Can I help develop my child's IEP?
A: Yes, absolutely. The law is very clear that parents have the right to participate in developing their child's IEP. Your input is invaluable. You know your child so very well, and the school needs to know your insights and concerns.

5. Who will schedule a meeting to develop my child's IEP? How will this be done?
A: The school staff will try to schedule the IEP meeting at a time that is convenient for all team members to attend.

If the school suggests a time that is impossible for you, explain your schedule and needs. It's important that you attend this meeting and share your ideas about your child's needs and strengths. Often, another time or date can be arranged.

However, if you cannot agree on a time or date, the school may hold the IEP meeting without you. In this event, the school must keep you informed, for example, by phone or mail.
Please consult the "Sample Letters" section at this website to find samples of Letters for requesting an IEP or IEP review.

6. What should I do before the IEP meeting?
The purpose of the IEP meeting is to develop your child's Individualized Education Program. You can prepare for this meeting by:
1. Making a list of your child's strengths and weaknesses,
2. Making a list of your concerns about your child
3. Talking to teachers and/or therapists and getting their thoughts about your child,
4. Observing your child's class
5. Talking to your child about his or her feelings toward school
It is a good idea to write down what you think your child can accomplish during the school year. Make notes about what you would like the school team to know about your child. Write down the concerns you have about your child's educational progress and program.
Practice what you want to say during the meeting. Call A.S.K. at 847-733-1739 to help you organize what you want to say.

7. What happens during an IEP meeting?
During the IEP meeting, members of the IEP team share their thoughts and suggestions. Since IEPs should be based on the child's current educational performance, the IEP team should discuss your child's test results.
If this is the first IEP meeting after your child's evaluation, the team should review the evaluation results so the team understands your child's strengths and needs. These test results will help the team make decisions about the special help your child needs in school.
If your child has been in special education, the team should evaluate your child's test results to determine if your child is making acceptable progress.

You are a very important part of the IEP team. You know your child better than anyone.
Don't be shy about speaking up, even though there may be a lot of other people at the meeting. Share what you know about your child and what you want the team to know about your child. See the A.S.K. parent attachment form which you can fill out and bring with you to the IEP.

After the team members (including you, the parent) have shared their thoughts and concerns about your child, the group will have a better idea of your child's strengths and needs. This will allow the team to discuss and decide on:
the educational and other goals that are appropriate for your child; and
the special education services your child needs.

Discussing Your Child's Needs
As you can see, there are a lot of important matters to talk about in an IEP meeting. You may feel very emotional during the meeting, as everyone talks about your child's needs. Try to keep in mind that the other team members are all there to help your child.
If you hear something about your child which surprises you, or which is different from the way you see your child, bring this to the attention of the other members of the team. In order to design a good program for your child, it is important to work closely with the other team members and share your feelings about your child's educational needs. Feel free to ask questions and offer opinions and suggestions.

Writing the IEP
Based on the above discussions, the IEP team will then write your child's IEP. This includes the services and supports the school will provide for your child. It will also include the location where particular services will be provided.

8. What are related services?
A: The IEP team will also talk about the related services your child may need to benefit from his or her special education. The IDEA lists many related services that schools must provide if eligible children need them. Examples of related services include:
Occupational therapy can help a child develop or regain movement
Speech therapy (called speech-language pathology) can help children who have trouble speaking.
Related services listed in the IDEA include: Transportation
Speech-language pathology
Audiology services
Psychological services
Physical therapy
Occupational therapy
Recreation (including therapeutic recreation)
Early identification and assessment of disabilities in children
Counseling services (including rehabilitation counseling)
Orientation & mobility services
Medical services for diagnostic or evaluation purposes
School health services
Social work services in schools
Parent counseling & training

This list does not include all related services that a child may need or that a school may offer.
Depending on your child's needs, the IEP team may discuss these special factors:
If your child's behavior's interferes with his or her learning or the learning of others, the team will discuss strategies and supports to address your child's behavior.
If your child has limited proficiency in English, the IEP team will talk about your child's language needs as these needs relate to his or her IEP.

If your child is blind or visually impaired: The IEP team must provide for instruction in Braille or the use of Braille, unless it determines after an appropriate evaluation that your child does not need this instruction.

If your child has communication needs: The IEP team must consider those needs.

If your child is deaf or hard of hearing: The IEP team will consider your child's language and communication needs. This includes your child's opportunities to communicate directly with classmates and school staff in his or her usual method of communication (forexample, sign language)

9. What is assistive technology?
A: The IEP team will also talk about whether your child needs any assistive technology devices or services. Assistive technology devices can help many children do certain activities or tasks.
Examples of these devices are:
devices that make the words bigger on the computer screen or that "read" the typed words aloud-which can help children who do not see well
electronic talking boards-which can help students who have trouble speaking
computers and special programs for the computer-which can help students with all kinds of disabilities learn more easily

10. What are assistive technology services?
Assistive technology services include evaluating your child to see if he or she could benefit from using an assistive device. These services also include providing the devices and training your child (or your family or the professionals who work with your child) to use the device.

11. What about my child's placement - who decides this?
Your child's placement (where the IEP will be carried out) will be determined every year, must be based on your child's IEP, and must be as close as possible to your child's home.
The placement decision is made by a group of persons, including you the parent, and others knowledgeable about your child, the meaning of the evaluation data, and the placement options.

In some states, the IEP team makes the placement decision (in Illinois, the IEP team makes the placement decision). In other states,the placement decision is made by another group of people. In all cases, you as parents have the right to be members of the group that makes decisions on the educational placement of your child.

Depending on the needs of your child and the services to be provided, your child's IEP could be carried out:
in regular classes,
in special classes (where all the students are receiving special education services),
in special schools,
at home,
in hospitals and institutions, and
in other settings

Which of these placements is best suited for your child?

Can he or she be educated in the regular classroom, with supplementary aids and services? (The IDEA prefers this placement.) If not, then the placement group will look at other placements for your child. Before the school system can provide your child with special education for the first time, you, as parents, must give your written consent.
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12. Can my child's IEP be changed?
A: Yes. At least once a year a meeting must be scheduled with you to review your child's progress and develop your child's next IEP. The meeting will be similar to the IEP meeting described above.
The team will talk about:
your child's progress toward the goals in the current IEP,
new goals that should be added
whether changes need to be made to the special education and related services your child receives

This annual IEP meeting allows you and the school to review your child's educational program and change it as necessary.

Important Note to Parents:
Parents do not have to wait for the annual review to review or change your child's IEP. You (or any other team member) may ask to have your child's IEP reviewed or revised at any time. Sometimes it's good to call a meeting after report cards are issued if you discover your child is having trouble in an area that may not have been specifically addressed in the IEP.
For example, you may feel that your child is not making good progress toward his or her annual goals. Or you may want to write new goals, because your son or daughter has made such great progress! Call the contact person on the IEP form (in District 65, it's usually the LD resource teacher) the principal of the school, or the special education director or your child's teacher, and express your concerns. If necessary, they will call the IEP team together to talk about changing your child's IEP.

The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding the (1) child's needs and appropriate goals; (2) extent to which the child will be involved in the general curriculum and participate in the regular education environment and State and district-wide assessments; and (3) services needed to support that involvement and participation and to achieve agreed-upon goals. Parents are considered equal partners with school personnel in making these decisions, and the IEP team must consider the parents' concerns and the information that they provide regarding their child in developing, reviewing, and revising IEPs (Secs. 300.343 (c)(iii) and 300.346(a)(1) and (b)).

The IEP team should work toward consensus, but the public agency has ultimate responsibility to ensure that the IEP includes the services that the child needs in order to receive FAPE (Free and Appropriate Public Education). It is not appropriate to make IEP decisions based upon a majority "vote." If the team cannot reach consensus, the public agency must provide the parents with prior written notice of the agency's proposals or refusals. or both, regarding the child's educational program and the parents have the right to seek resolution of any disagreements by initiating an impartial due process hearing.

Every effort should be made to resolve differences between parents and
school staff through voluntary mediation or some other informal step,
without resort to a due process hearing. However, mediation or other
informal procedures may not be used to deny or delay a parent's right
to a due process hearing, or to deny any other rights afforded under
Part B.