Question 6.

My school says the IEP services are based on what is available. Is this right?

Answer

No. The IEP team is required to develop an IEP that meets all your child's needs, regardless of "what is available" at the school.

The school must comply with the legal requirements for IEPs. The services "available" or the delivery system is irrelevant.

Your child's IEP must be individualized.

"What we have available" usually refers to one-size-fits-all programs that are not individualized to meet a child's unique needs.

The amount of a special education or related service to be provided to a child may be stated in the IEP as a range (e.g., speech therapy to be provided three times per week for 30-45 minutes per session) only if the IEP team determines that stating the amount of services as a range is necessary to meet the unique needs of the child.

A range may not be used because of personnel shortages or uncertainty regarding the availability of staff.

Legal Resource

Wrightslaw: All About IEPs Chapter 4 - Present Levels, Measurable Goals, Services

Wrightslaw: Special Education Law, 2nd Edition

IDEA

20 U.S.C.§ 1414(d)

Appendix A, Question #35

IDEA Regulations

34 C.F.R. §300.320

Additional Resources

How to Use IDEA 2004 to Improve Your Child's Special Education

Must Services in the IEP be Provided by a Special Ed Teacher?

State Special Education Regulations and Guidelines. You will find your specific state regulations at your State Department of Education website. Use the Wrightslaw Yellow Pages for Kids with Disabilities to locate your state site.

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