How to Access an Individualized Education Program (IEP) for Your Child

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Accessing an Individualized Education Program (IEP) for your child involves several steps to ensure they receive the appropriate services and support they need to succeed in school. Here's a general outline of the process:

  • Initial Concerns and Referral:

    • If you suspect that your child is struggling in school, start by discussing your concerns with their teacher, school counselor, or principal, and send a follow-up email asking for your child to have a comprehensive initial evaluation to assess all areas of concern. 

    • The school may also initiate this process if they identify your child as having academic or social-emotional challenges.

  • Evaluation and Assessment:

    • The school will conduct a comprehensive evaluation of your child's academic, behavioral, and developmental needs. This may involve assessments, observations, and consultations with specialists.

    • You will need to give Prior Written Notice of Informed Parental Consent for the evaluation to take place, but once you have shared your concerns regarding your child’s struggles and have requested an evaluation, the school has to complete the evaluation within 60 days. If the school is not going to move forward with an evaluation,  they have to give you a written response as to why.

  • Eligibility Determination:

    • Based on the evaluation results, a team called an IEP team (which includes you) will determine if your child is eligible for special education services.

    • If your child is found eligible, the IEP team (including you) will develop an Individualized Education Program (IEP).

  • Individualized Education Program (IEP) Development:

    • The IEP team, which includes you as a parent/guardian, will meet to develop the IEP. Your input and expertise regarding your child is critical to the successful development of the IEP. Bring your own input and concerns to this meeting.

    • The IEP is a legally binding document that outlines your child's strengths and areas in need of support, specific learning goals, the special education services they'll receive, and how progress will be measured.

  • Implementing the IEP:

    • Once the IEP is developed and agreed upon, the school will implement the specialized services and accommodations outlined in the plan.

    • Your child's progress will be monitored, and adjustments to the plan may be made as needed but must be updated yearly.

  • Parental Involvement and Advocacy:

    • As a parent/guardian, you have the right to be actively involved in your child's IEP process. Stay informed about your child's progress, attend meetings, and provide input to ensure the IEP remains effective.

  • Parental Procedural Safeguards::

    • If disagreements arise about the IEP or special education services, you have the right to resolve them through various mechanisms, including mediation or due process hearings.

  • Additional Resources:

Supporting parent/guardian involvement - https://www.wrightslaw.com/nltr/19/nl.1008.htm

Information regarding timelines for evaluations - https://webnew.ped.state.nm.us/wp-content/uploads/2023/03/Eval-and-Eligibility-Timeline-Snapshot.pdf

https://webnew.ped.state.nm.us/wp-content/uploads/2023/03/3.15.23-Evaluation-Q-and-A.pdf

Guide for creating an IEP - https://www.autismspeaks.org/tool-kit/guide-individualized-education-programs-iep

More information on the Individuals with Disabilities Education Act (IDEA) - https://www.wrightslaw.com/info/idea.index.htm

Remember, the process may vary slightly depending on your location and school district. It's important to communicate openly with your child's school, ask questions, and advocate for your child's needs to ensure they receive the best possible education and support.