My son’s special ed teacher decided to give us the same IEP from last year? Is this legal? She didn’t even make out a new one!
You are not alone. We receive email every day with questions like yours.
The goals in my child’s IEP never change from one year to the next. “Evan will improve his reading skills” is in every IEP since he entered special ed four years ago.
Get out your Special Education Law book and get up to speed on your rights and your child’s rights.
- IEPs must be reviewed annually
- IEP goals should be specific, measurable, and tailored to the unique needs of your child
- Parents are part of the team that develops and reviews the IEP
What took place before “the teacher gave you” the IEP? Were the following IDEA requirements met?
IDEA requirements for IEPs
Who’s on the Team?
You are part of the IEP Team that develops and reviews your child’s IEP.
Parents are listed first in the law as a member of the team. Your child’s teacher is also “one” of the members. The team, not one person, develops the IEP. 20 U.S.C. 1414(d)(1)(B)
When did the IEP team meet?
IDEA requires the IEP be reviewed “not less frequently than annually” – to determine whether your child’s goal are being met and if he is making/not making progress.
Requirements for review and revision (during the year, or at least once a year): 20 U.S.C. 1414(d)(4)
Did the IEP team, including parents, meet for the annual review?
But remember, you can request an IEP meeting at any time to review or revise the IEP.
What did the team discuss at the meeting when developing next year’s IEP?
Did the team review goals and progress?
Were the present levels reviewed and updated? What’s so important about Present Levels?
Requirements for developing the IEP are at 20 U.S.C. 1414(d)(3)
Wrightslaw: All About IEPs will be a big help.
Chapter 3, Parent Participation
Consent Chapter 11, Reviewing and Revising the IEP
Another good read – How Can I Get My Child’s IEP Changed?