As a former teacher, I have a lot of teacher friends. And, as a parent to a disabled child, I know what it’s like to be on “both sides of the IEP table,” as they say.
But I will never forget a conversation at a friend’s house. I was picking up my son, who had been playing with hers. Her husband, a middle school teacher (general education), knows that I am currently working as a Special Education Advocate, and he was asking me questions about the IEP process.
He had a faculty meeting recently, and the teachers were told, “Stop referring so many kids for IEP evaluations. We can’t evaluate all these kids all the time. RTI them.”
He said that his gut was telling him something was off.
His gut instinct was right. It is horrific for an administrator to say that to school staff, but it happens all the time.
So, as a teacher, how do you know? When should you refer students for IEP evaluations? And what if you feel your job is in jeopardy because of it? Over the years, I have heard from many teachers that what they learned in college about the IEP process varies tremendously from what they see day-to-day in a school building.
Teachers play a critical role in identifying and supporting learning-disabled students. When a student struggles academically, socially, or emotionally, teachers need to consider whether an Individualized Education Plan (IEP) may be necessary.
An IEP is a legal document that outlines a student’s unique learning needs and the accommodations and services that will be provided to help them succeed.
Your school district or your building principal should have an outlined process to follow. Best practices dictate that a teacher should know exactly who to go to and what to request for a student.
There should be universal forms or procedures to follow to make a referral. And teachers shouldn’t be discouraged from making these referrals or have their jobs in jeopardy because of it.
Federal data shows that approximately 15% of all American school students have an IEP, with some districts swinging up as high as 25%. Unless a teacher’s referral rate is well beyond that, it should be assumed that he/she knows her job and students well enough to make solid referrals.
An Individualized Education Plan (IEP) is a legal document that outlines the specific educational needs of a student with a disability. It is a written plan developed by a team of educators, parents, and other professionals who work with the student. The IEP is designed to ensure that the student receives the appropriate educational services and accommodations needed to succeed in school.
The IEP includes information about the student’s current academic performance, as well as their strengths and weaknesses. It also outlines the specific IEP goals and objectives that the student will work towards during the school year. The IEP may also include information about any special services or accommodations that the student may need, such as assistive technology, extra time on tests, or one-on-one support from a teacher or aide.
In my past 14 years of working with IEP students, I know that there often is a bit of contention between teachers and IEP parents. But, my experience also has taught me that most times, we are on the same page and want the same things for the student(s). We just disagree as to how to get there.
The purpose of an IEP is to provide a student with a disability with the support and resources they need to succeed in school. The IEP is designed to ensure that the student receives an appropriate education tailored to their specific needs. It is also designed to ensure that the student has access to the same educational opportunities as their peers, despite any disabilities they may have.
The IEP is a legally binding document, which means that schools must follow the plan and provide the services and accommodations outlined in the plan. The IEP is reviewed and updated annually to ensure that the student’s needs are being met and that they are progressing towards their IEP goals.
That “legally binding” part is, in my opinion, what often prevents schools from documenting some things in an IEP. Schools are tremendously under-resourced, and if a school knows they cannot fulfill that obligation, they will refuse to put it in an IEP.
This is the root of most IEP disputes between parents and schools, in my professional opinion. But, schools are not allowed to talk about finances as a reason for denying services. IDEA was written and passed in 1975 but has never been fully funded. But that’s another rant for another day.
Some common signs a student may have a learning challenge include difficulty with reading, writing, and math, poor memory, inability to follow instructions, and lack of focus. It is essential to remember that not all students who exhibit these signs have a learning disability. However, if a student consistently displays these behaviors, referring them for an IEP evaluation may be necessary.
Monitoring student progress is another crucial aspect of referring a student for an IEP. Teachers must keep track of each student’s academic progress and identify areas where they may be struggling. This can be done by reviewing their homework, classwork, and test scores regularly.
Teachers must also communicate with parents and guardians to discuss the student’s progress and any concerns they may have. This can help identify any underlying issues affecting the student’s performance.
It’s important to note that IEPs are not just for academics. A student may struggle with social skills or some other non-academic domain, and an IEP may be warranted.
What does IDEA say?
The Individuals with Disabilities Education Act (IDEA) is a federal law that requires schools to provide students with disabilities a free and appropriate public education (FAPE).
IDEA outlines the legal requirements for the identification, evaluation, and provision of special education and related services to eligible students.
One component of IDEA is something called “Child Find.”
Child Find is pretty clear about what a school’s obligation is.
Here is the direct snippet from IDEA.
(1) The State must have in effect policies and procedures to ensure that—
(i) All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and
Per IDEA, schools are obligated to find and evaluate every child who may require special education services. It doesn’t matter if they are in a private school, homeschooled, or even without a home.
When a school administrator advises a teacher not to refer students for special education evaluations, they are violating a federal mandate.
According to IDEA, a student may be referred for an evaluation to determine eligibility for special education services if they are suspected of having a disability impacting their ability to “access and benefit from” their education.
Teachers are often the first to notice when a student is struggling and may need additional support. If a teacher suspects a student may have a disability, they should follow their school’s referral procedure.
But what if the procedure involved RTI or MTSS instead of special education evaluations?
That’s a very common practice, actually. In fact, it is so common that OSERS (Office of Special Education Rehabilitation Services, a division of the US Department of Education) felt the need to address it.
In 2011, they published one of their guidance letters. OSEP/OSERS publishes a guidance letter whenever they recognize a trend that is a misinterpretation of IDEA law or policy in an effort to both clarify the issue and get schools back on track.
Basically that letter states that no, you cannot use RTI or MTSS to delay IEP evaluations. A 504 Plan cannot be used in place of IEP evaluations either.
But you can do both. You can refer a child for evaluations and put a 504 plan in place or start RTI/MTSS at the same time.
All of this is well and good, right? Except that teachers know the climate of their building.
A building principal sets the tone for the building (Fullan, 2001). So what if your tone is similar to what my friend’s husband was experiencing–that they were directly told not to refer kids?
After all, teachers have mortgages to pay and kids to feed, too.
First, I get it. It’s got to be scary and deflating to want to help kids and not be able to.
But nothing is going to get better unless we band together, teachers and parents, and demand better for our kids.
There are other options. Speak to the parent privately. When a parent requests IEP evaluations in writing, the request cannot be ignored or just “RTI them!” There are different legal obligations.
If you are a new teacher, another option is to speak to your mentor. You can also contact your union representative and get their take on this.
I also want to acknowledge that I recognize how busy teachers are. It’s a tough time in public education. Being an activist isn’t necessarily something you have time for right now. But, nothing will get better if we don’t create change.
When a teacher suspects that a student may need an Individualized Education Program (IEP), involving the student’s parents in the process is important.
Parents are a valuable source of information about their child’s strengths, weaknesses, and needs. They can also provide important insights into the student’s behavior and learning style.
Working with parents isn’t always easy. Communication is key because we are on the same side.
Effective communication between the teacher and parents is essential for the success of the IEP process. Teachers should keep parents informed about their child’s progress and any concerns that arise. They should also listen carefully to the parents’ input and concerns.
If I had a few things I wanted teachers to know, it’s that parents are often coming from a place of fear and sadness.
It’s incredibly troubling for us to watch our kids struggle. To not keep up with their peers, to fail over and over at tasks that their peers can do.
Schools are often our only lifeline.
Before a student can be evaluated for an IEP, the parents must give their consent. Teachers should explain the evaluation process to parents and answer any questions they may have. They should also provide information about their rights and responsibilities as parents of a child with a disability.
It is important to note that parents have the right to refuse an evaluation. From where I sit, that doesn’t happen often. But it does happen.
Teachers can ensure that the student’s needs are met and that the IEP is successful by involving parents in the process and communicating effectively with them.
The evaluation process is critical in determining whether a student is eligible for special education services.
The teacher(s), parents, and school evaluation team should meet to discuss the appropriate assessments for this student. While an evaluation meeting is not a legal requirement, it is best practice.
It also prevents “do-overs” if not every appropriate evaluation is conducted.
Once the assessments are completed, the evaluation team will meet to determine whether the student is eligible for special education services. To be eligible, the student must meet the criteria for one or more of the 13 disability categories outlined in the Individuals with Disabilities Education Act (IDEA).
The evaluation team will review the assessment results, along with other relevant information, such as the student’s academic history and teacher observations, to make their determination. If the student is eligible, the team will develop an IEP outlining the student’s IEP goals, accommodations, and services.
From there, an IEP is developed if warranted.
I’d also like to get on my soapbox here for a moment.
Section 504 Plans were never intended to be “IEP Lite,” but that is how they are used today. The differences between an IEP and a 504 plan are many.
An IEP is special education, and a 504 plan is just accommodations. However, legally, remember that a student is not required to “try” a 504 plan first or anything like that. If your school personnel are telling you that, it is misinformation.
Whenever in doubt about what is legally required vs. what you are being told, try putting it back on the person giving you the information. You can say something like, “You know what, I don’t remember that part. Where is that online, do you know? I’d like to read up on it.”
Also, IDEA is a federal mandate. School districts have lots of policies, but they cannot override a federal statute.
Despite attending IEP meetings for a living and seeing some very dark situations with students, I believe teachers and parents can come together and help students.
We are on the same side, even if it doesn’t always feel that way.
Lisa Lightner is a parent and special education advocate living in southeastern Pennsylvania. Her website A Day in our Shoes offers IEP tips and ideas for parents and teachers. She also provides special education advocacy training for those who wish to be parent advocates. And, she hosts a free online forum for parents and school staff, where every question is answered by an IEP advocate .
Welcome! I'm Jessica.
My passion is making learning accessible to all students. I love scaffolding teaching, breaking down concepts, and building them up so students can see all the connections.
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