Frequently Asked Questions. Questions regarding IEP.

Frequently Asked Questions and Terminology

Disclaimer: The following information is general information. It is not intended to constitute legal advice or to substitute for obtaining legal advice from your own counsel. It is for informational and educational purposes only. It may or may not reflect current legal developments in your geographical area. While it is based on professional advice, published experience, and expert opinion, it does not represent or imply any recommendation.

FAQ

If a child’s individualized education plan (IEP) is written in May, 2005, under what statute will it be written?
It will be written under the old statute. But a parent can ask for a new IEP meeting in September, 2005, to amend the IEP to meet new requirements.
Does the No Child Left Behind (NCLB) act include disabled children?
Absolutely. In fact, the highly qualified teacher concept now in the Individuals with Disabilities Education Act (IDEA), was incorporated in NCLB. Moreover, the concept of free appropriate public education under the reauthorization includes adequate progress for the disabled student.
What are scientifically based educational programs?
Scientifically based educational programs are educational programs using methods of instruction, which have been evaluated under scientifically accepted standards to prove the efficacy of the program.
What is peer reviewed research?
Peer reviewed research is research, which has been presented to scientists for validity by researchers in the same field of expertise.

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Terminology

ADD	Attention deficit disorder; neurological (not behavior) disorder affecting attention and focus
ADHD	Attention deficit hyperactivity disorder; neurological (not behavior) disorder affecting attention and focus
Assistive technology device	Any item, equipment, or system, whether acquired commercially off the shelf, modified, or customized and used to assist, increase, maintain, or improve the functional abilities of a child with special needs.
Assistive technology service	Any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.
Child with a disability	A child with mental retardation, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and who need special education and related services.
Due process	The legal process by which parents can challenge decisions addressing their child's educational program.
Excess costs	Costs that are in excess of the average annual per-student expenditure.
FAPE	The Individuals with Disabilities Act (IDEA), formerly PL 94-142, requires school districts to provide all eligible students with a free appropriate public education (FAPE), which provides special education and related services allowing personalized instruction and sufficient support services necessary to permit the child to benefit educationally at the public's expense.
Full inclusion	An approach to education in which all disabled children are educated with typical peers no matter the extent of the disability
IDEA	The Individuals with Disabilities Act requires public schools to identify children with disabilities in need of special education.
IEE	Independent educational evaluation which every parent has a right to obtain at the expense of the school if they are dissatisfied with the multifactored evaluation and they have followed specific procedural requirements of the law
IEP	An individualized educational program, which is a written document tailored to the unique needs of the handicapped child 20 USC 1401 (20). A properly drafted IEP contains the essence of what the child's free appropriate public education should entail.
Individualized family service plan	A family-directed assessment of the resources, priorities, and concerns of the family and the supports necessary to enhance the family's ability to meet the developmental needs of the child.
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Infant or toddler with a disability	An individual under 3 years of age who needs early intervention services because he or she is experiencing diagnosed developmental delays or has a diagnosed physical or mental condition which has a high probability of resulting in a developmental delay.
Local educational agency	A public board of education or other agency with administrative control or direction of a public elementary or secondary school.
LRE	Least-restrictive environment refers to the educational setting in which the disabled child is the least segregated from typical peers and can receive FAPE.
Mediation	A process sponsored by the State which attempts to solve disputes between parents and school districts.
MFE	A multifactored evaluation consists of an evaluation, conducted by a multidisciplinary team, of more than one area of a child's functioning to ensure that no single procedure shall be the sole criterion for determining a child's eligibility for an FAPE under the law.
Native language	The language normally used by the individual, or in the case of a child, by the parents.
Occupational therapy	Therapy to improve the ability to perform tasks of independent function, to restore ability, and/or to prevent further impairment.
OSEP	The Office of Special Education Programs, the principal agency of the Department of Education, which provides programs and activities related to the education of disabled children.
Parent	A legal guardian or an individual assigned to be a surrogate parent.
Physical therapy	Therapy to improve and promote sensorimotor function.
Related services	Any supportive service needed in order to provide a child with special education benefits (eg, transportation, counseling, therapy).
Special education	Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.
Specific learning disability	A disorder in one or more of the basic psychological processes involved in understanding or in using language.
Supplementary aids and services	Aids, services, and other supports that are provided in educational settings which enables children with disabilities to be educated with nondisabled children.
Transition services	A coordinated set of activities for a student with a disability and can include post-school activities, vocational training, independent living, etc.
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