1. The Top Ten Things You Should Know About The IEP Process
POAC-NoVA
One of the very first times I came to a POAC-NoVA meeting, our former president, Kevin McGrail was making this presentation. I was in a bit of a fog with a newly diagnosed child and I was nowhere near as on top of things as many of the parents with young children I am meeting. Getting through the acronyms and terms of art for autism and education was a stretch for me then. I’ve seen some s on our listserv asking about the differences between self-contained, team-taught, pull-in, push out, etc. If you’re confused about a term I use in this presentation, please feel free to stop me.
While I think there is general consensus that many of the topics in this presentation are important, we would probably all make the presentation slightly differently. I want to be clear that while you are VERY LIKELY over the course of your child’s education to come up against differences in opinion with school officials in the process of developing IEPs I don’t believe that it’s an “us” v. “them” sort of process. School systems just think in terms of the greater good—what can they do with their resources to benefit the most kids-- while you are going to fighting for what’s best for your child. I have had one IEP that ended in an appeal, but many more meetings that were very relaxed and cordial. It really depends on the trust level on both sides. We do have a big transition coming next year when my son Sam who is currently in 4th grade at Beech Tree in FCPS will be transitioning to middle school. I anticipate that this may be a more difficult process because many of the players don’t know each other and the middle schools will not know my son so I may be singing a different tune if I do this again!
February 25, 2017 1

2. 10. IEP Notice
You must be given notice prior to your annual or initial IEP meeting. It details the reason for the meeting and who will attend.
Notice may be given verbally or in writing.
If you receive verbal notice, make sure to write down the information given to you. You might want to send an back to whomever gave you notice to make sure that you understood the information.
Use FCPS IEP Page 202 (Notice page) as a reference for the information that you need to have before the meeting.
Notice of an IEP usually comes in a phone call. Others may send notes home. If you want there to be specific people at the meeting you should ask even if they are not routinely involved in your child’s program. If your child is not getting any general education, but you think he or she should be, make sure a general education teacher will come. If you have a higher functioning kid who may have behavioral issues, maybe you’d benefit from an ABA coach attending—the school may not agree to this but it doesn’t hurt to ask. 2

3. 9. Date/Time of Your IEP Meeting
The date and time of your IEP meeting must be mutually convenient.
Try not to go over the IEP end-date. This is called the “Date this IEP will be Reviewed” on the front page. Start thinking about dates a month or two before the end date, and contact your case manager with mutually convenient dates/times.
Try your best, but if you cannot make a meeting before the end-date of your current IEP- don’t worry. The last signed, agreed to IEP is still in effect, and FCPS must follow it until another IEP is signed by you in agreement.
You don’t need to worry about it if you can’t make the school’s proposed dates—maybe you’ll be on a business trip, you or a family member is ill, or it’s really busy time at work. Just try not to make scheduling on your side too difficult if possible. If you need to extend past the “date to be reviewed” which is the end date for the existing IEP the old IEP just stays in place until a new one is developed. This is referred to as a “stay-put” which is also what happens if the school and parents can’t agree on the contents of an IEP. 3

4. 9. Date/Time of Next IEP Meeting
The IEP team decides the duration of the IEP.
Most IEPs are written for one year, unless the team decides it should be a shorter time frame.
You can request an IEP meeting at any time to discuss a change in goals, accommodations, placement, etc.
When your child masters a goal during the span of their IEP, the teacher should request a meeting to discuss a new goal, or when appropriate, discontinuation of services.
You can have multiple IEP meetings during the year.

5. 8. Attendance 5 Anyone can attend an IEP meeting with you.
POAC-NoVA recommends that you bring someone with you to the meeting, since a support system is always helpful.
You do not have to notify the school in advance who is attending, but it is polite.
The people that you bring to the IEP meeting are considered part of the IEP team, if they have knowledge of the child’s educational and/or support needs.
I have heard both Kevin and Scott make this presentation before. Think about the tone you want to set for the meeting. It is always good to start on a friendly basis even if you expect there will be disagreements. Food helps establish good will. Some who have made this presentation believe bringing a man can change the dynamic of a meeting. Few people like surprises so if you’re intending to bring your child’s OT to the meeting to help you argue for more hours of service, it is nice to let the school know they’ll be coming even if you don’t explain why. You can bring anyone with you—your advocate or lawyer, your private teachers or therapists, other family members. It is nice to have some people at the table who you know want the same things for your child as you do even if it’s largely for support…particularly at some of the transition meetings at which you may not be familiar with the MANY people involved. 5

6. 7. Policy
If a member of the IEP team refers to a particular FCPS, state or federal policy with which you are unfamiliar, ask to see it in writing at the IEP meeting.
You may opt to stop the IEP meeting, if this policy has a significant impact on the services for your child, so that you have time to do some research.
It is a great thing to know the policy that drives these meetings, but if you get into unfamiliar territory you can stop the meeting, ask for the written policy and ask to reconvene after you have had a chance to review it. We had some posts on our listserv recently saying that the procedural support liaison (in FCPS these are the “specialists” in special ed procedure) was telling parents that higher functioning kids should remain in their base school or go to ED programs. She told the parents that all of the kids in the county’s autism classrooms are nonverbal. Guess she never met my Sam or the five other verbal kids in his classroom. It hard to respond quickly in situations, but I couldn’t help but wonder how great it would have been if somebody had asked her to show that referral policy in writing. You can if you think they’re giving you incorrect information.

7. 6. Autism Certification In Virginia
Virginia does not offer teacher certification for Autism. The Commonwealth does offer certification in special education with an endorsement in adapted curriculum or general curriculum for only ID, ED, and LD.
The Board Certified Behavior Analyst (BCBA) and the Board Certified Behavior Specialist (BCBS) are the “highest qualification” for certified teachers who work with students with autism. There are also “Low Incidence Specialists” in FCPS that have similar training, who can address behavior and curriculum for other student populations.
Our good friend Juliet pointed out that this presentation is a little FCPS centric, and it is because that’s what most of us know best. Different jurisdictions have different definitions of “highly qualified.” FCPS’s autism program is ABA based so it stands to reason that those it considers experts would be those with this certification. In Arlington and in other jurisdictions you don’t have to be a BCBA or BCBS to be highly qualified. You can ask your principal if you believe your teacher needs more training. All of the IAs in FCPS are supposed to have gone through ABA training at this point, but I doubt they are there yet (we’ll get an update this Wed.)

8. 6. Autism Certification, Continued
FCPS special education teachers of students with autism have access to support from professionals with a BCBA or BCBS via ABA coach support for teachers through either Enhanced Autism Program (EAP) services or at sites where there are three or more students receiving Level 2 autism services.
Special education teachers of low incidence students have access to these supports through behavior intervention services and adapted curriculum services.

9. 6. Autism Certification, Continued
Not all coaches or specialists have either a BCBA or BCBS. To find out whether the ABA coach assigned to your EAP site, or the behavior or curriculum specialist assigned to your school has this certification, ask your IEP team or principal.
Please keep in mind that there is no guarantee or requirement for certification. Often, support personnel has a strong familiarity with ABA, either from FCPS training or outside education and or experience, or is working towards certification or additional behavioral/curriculum CEUs.

10. 5. More Goals Do Not Equal a Better IEP!
IEP goals must be written for challenges that your child has for material that is below grade level. You can not write a goal for material that is on or above grade level that is part of the curriculum available to your child through their Program Of Studies.
All goals must be measurable and within reach of your child’s ability. Aim high!
Choose the areas of need that have the most impact on your child. Because an area of need is not written into a goal, does not mean that the school can/will not address it during the school year.
You can see a draft IEP before the meeting. I usually ask for it 48 hours before the meeting. Make sure that all of the priorities you have for your child are addressed, but don’t expect it to cover everything possible—right now, for me, math, reading, social and communication goals are paramount—while its nice for him to follow multistep directions in adapted PE, that’s not my biggest concern. Hold a high bar, but be realistic about what your child can accomplish within a year. Secondary goals can come later. 10

11. 5. More Goals, Continued
Any needs that are not addressed through goals (but that you feel are significant) can be written on FCPS IEP Page 309.
Sometimes, keeping an eye on an issue is enough, and it doesn’t require a goal with data.
With too many goals, we run the risk of not enough attention paid to any one area of need.
Choose goals wisely. Think of your child’s most significant needs and cut out the goals that can be worked on later. 11

12. 4. Data Collection
You have the right to request data whenever you want to check on your child’s progress. Data is information collected from teachers as well as Speech, OT and PT specialists who deliver related services.
The school division must measure progress (at least) in the way it is agreed upon at the IEP meeting (see the checked boxes below the goals).
Document the frequency with which you want to see all data that supports your child’s progress grades on FCPS IEP Page 309 of your IEP or addendum.
Data collection is important. It tells you if your child is making progress and allows you to change course if necessary. Use your IEP to set a frequency for how often you will receive data about your child’s goals—Scott’s suggestion here is every 2 weeks to a month. If you see no progress or if you see the goal is mastered you may need to amend his or her goals. 12

13. 4. Data Collection
POAC-NoVA’s suggestion for frequency is every two weeks or at least once a month. This frequency provides you with sufficient time to catch problems in achievement goals and allow you to work with the teacher to discuss alternative methods to achieve goals.
At the IEP meeting discuss a format for data collection which will allow the teacher to provide you with data based on the recommended frequency.
Data collection is important. It tells you if your child is making progress and allows you to change course if necessary. Use your IEP to set a frequency for how often you will receive data about your child’s goals—Scott’s suggestion here is every 2 weeks to a month. If you see no progress or if you see the goal is mastered you may need to amend his or her goals. 13

14. 3. Placement: FAPE and LRE
Sect. 504 of Rehabilitation Act of 1973 gives disabled individuals the right to a free and appropriate public education (FAPE) in the least restrictive environment (LRE) with non-disabled peers to the maximum extent possible
This is the language that allows us to ask for “inclusion”
Inclusion can happen in many ways (“pull-in”, “push- out”) 14

15. 2. Prior Written Notice (PWN)
PWN can be requested if the school division proposes to initiate or make a change in identification, evaluation, or educational placement of your child.
There is a PWN section of your FCPS IEP Page It is notice for the contents of your IEP. You can request a PWN for changes made or not made to your child’s evaluation, identification, or educational placement.
You can only request PWN when the meeting or discussion is governed by your procedural safeguards during an IEP meeting, addendum, evaluation, Manifestation Determination Review (MDR), or appeal meeting.
Prior written notice is a very important part of your due process rights. The school is supposed to provide it every time they make any change in your child’s special education plan. It doesn’t always happen this way. One of our members told us about a child in FCPS who was removed from the SOL track without his parent’s knowledge. This is a serious infringement of your due process right. YOU can ask for PWN if the school refuses to implement a service or program that you believe your child needs or if they intend to initiate any action with which you do not agree. They need to give it to you in your native language so you understand it. 15

16. 2. Prior Written Notice, Continued
You cannot request PWN at an informal meeting.
PWN must include the 8 specific parts detailed in your procedural safeguards.
Ask for PWN at your IEP meeting when the school division refuses to provide something for your child that you believe is necessary for your child to receive a Free and Appropriate Public Education (FAPE).
POAC-NoVA recommends that you ensure the school documents your specific request (what you want the PWN to explain exactly) on FCPS IEP Page 309, so it is part of the IEP or addendum.
You need to ask for PWN in a formal setting, like a team meeting. PWN will help you understand the schools rationale and give you time to respond with an appeal if you disagree. Let me say—it is always easiest to work things out at the lowest level first. Go to the teacher, then the principal, then the County. 16

17. 1. Signature Page
POAC-NoVA recommends that you do not sign the IEP at the meeting. Take it home, show it to your significant other, or just hold on to it for awhile and think about it.
You can sign in agreement to portions of your IEP. For example, you can sign in agreement with the goals and accommodations/ modifications, but in disagreement with placement.
Until you sign in agreement with the IEP that you just wrote with the team, the LAST agreed to IEP is still in effect..
I always let the team know if I am inclined to sign the IEP but want to take it home to think about..you don’t have to explain, but I like to give them a sense of where I am. 17

18. 1. Signature Page
The parent is completely in the driver’s seat when it comes to the approval and concurrence of any IEP. Nothing should change without your approval.
Do not feel pressured to sign the IEP right away, even if you are over the review date. Take your time and make sure you agree with the contents. 1 8

19. For more information, contact:
Susan Edgerton 19

20. References
Virginia Department of Education (VDOE) Special Education and Student Services website especially for parents at
“Regulations Governing Special Education Programs for Children with Disabilities” (January 25, 2010) at d_disability_va.pdf.
“Extended School Year Services Technical Assistance Resource Document” (December 2007) at _schoolyear_services.pdf.
“A Parent's Guide to Special Education” (2010) at
I.E.P. Pop-Up Tool Chart from the National Center for Learning Disabilities and National Center on Low-Incidence Disabilities at html
IEP Meeting Conversation Stoppers by Candace Cortiella from The Advocacy Institute at