My daughter is in middle school, where she receives skills support every day in an inclusion program. At the annual review, we were told she will now only receive skills support every other day because that is all the high school offers. Can the district automatically make this change?
Your daughter’s educational program and services are developed by the IEP Team (you are part of that Team) and written in the IEP.
The Model IEP Form
IDEA requires that your child’s IEP includes the frequency, duration, location, and projected dates for services.
34 C.F.R. Section 300.320(a)(7) in Wrightslaw: All About IEPs, page 43.
Read the US DOE Guidance on the required content of IEPs explained in the Model IEP Form.
Your child’s IEP drives her program, placement, and services – not what the school has available. The school is responsible for providing FAPE.
The Annual IEP Review
The annual review is for IEP team to review and revise the IEP based on:
- any lack of expected progress
- results of any reevaluation
- information provided by the parents
- anticipated needs
20 U.S.C. Section 1414(d)(4)(A) in Wrightslaw: Special Education Law, page 104.
Your child’s IEP is based on her:
- present levels
The discussion by the IEP Team at the annual review should have been about your daughter’s unique needs and the program she requires to meet those needs – not about her schedule.
Is your child’s IEP individualized? Get the checklist!