Iep programs in school: Individualized Education Program (IEP) Resources for Parents

The IEP

The Individualized Education Program (IEP) is a written statement of our plan to provide your child with a Free and Appropriate Public Education (FAPE) in their Least Restrictive Environment (LRE).

Please speak with your IEP team if you would like an interpreter at your child’s IEP meeting, or if you would like a translation of your child’s IEP, assessments, or notices.

Least Restrictive Environment

This means that your child will be in schools and classrooms with non-disabled peers for as much of the day as appropriate. This is important because more time with non-disabled peers results in

• Higher scores on math and reading tests;
• Fewer absences from school;
• Fewer referrals for disruptive behavior; and
• Better outcomes after high school.

Eligibility

The IEP team, which includes you the parent, will determine if your child is eligible for special education services and requires an IEP.

Eligibility for Preschool-Age Children

• Read Moving to Preschool:

Eligibility for School-Age Children

• Your child meets the criteria for one or more of the 13 disability classifications as defined by the New York State Education Department’s Regulations of the Commissioner of Education: Part 200; and
• The disability affects your child’s performance in school and/or ability to benefit from the general education curriculum.

Eligibility cannot be based on:

• A lack of appropriate instruction in reading;
• A lack of appropriate instruction in math; or
• Limited English proficiency.

If your child is not eligible, an IEP will not be developed. Instead, information from the evaluation will be given to the principal of your child’s school. The principal can work with staff to help your child.

Disability Classifications

Students must be eligible for one of the 13 disability classifications as defined by the New York State Education Department’s Regulations of the Commissioner of Education: Part 200.

Autism

A developmental disability, mainly affecting a child’s social and communication skills. It can also impact behavior and covers a wide range of symptoms.

Deafness

A student with a hearing impairment is unable to hear most or all sounds even with a hearing aid.

Deaf-Blindness

A student with both severe hearing and vision loss. Communication and other developmental and educational needs are so unique that programs for students with deafness or with blindness cannot meet their needs.

Emotional Disability

A student who exhibits one or more of the following characteristics over a long period of time and to a degree that adversely affects the student’s educational performance:

• An inability to learn that cannot be explained by intellectual, sensory, or health factors
• An inability to build or maintain satisfactory relationships with peers and teachers
• Inappropriate types of behavior or feelings under normal circumstances
• A generally pervasive mood of unhappiness or depression
• A tendency to develop physical symptoms or fears associated with personal or school problems

Hearing Impairment

A student with a hearing loss not covered by the definition of deafness. This type of hearing loss can change over time.

Intellectual Disability

A student with significantly below average intellectual ability and adaptive (life) skills. A student may also have poor communication, self-care and social skills.

Learning Disability

This is an umbrella term that covers learning challenges that impact a student’s ability to read, write, listen, speak, reason or do math.

Multiple Disabilities

A student with more than one condition that creates educational needs that cannot be met in a program designed for any one disability.

Orthopedic Impairment

An orthopedic impairment means that a student lacks function or ability in their body; for example, cerebral palsy.

Other Health Impairment

This is an umbrella term that covers conditions that limit a student’s strength, energy or alertness. One example is ADHD which impacts attention..

Speech or Language Impairment

A student with a communication disorder, such as stuttering, impaired articulation, a language impairment or a voice impairment that makes it hard for a student to understand words or express themselves.

Traumatic Brain Injury

A student with an injury to the brain caused by an accident or some kind of physical force.

Visual Impairment

A student whose eyesight impacts their educational performance. Any vision problem that cannot be corrected by eyewear qualifies, including partial sight and blindness.

Contents of the IEP

Your child’s IEP includes information about him/her, and the unique strengths and needs that are considered to develop a plan of the appropriate special education supports and services that will allow your child to access, participate and progress in the general education curriculum. The following are major sections of the IEP:

Present Levels of Performance

A description of how your child is currently doing in school. This includes:

• Evaluation results
• Academic achievement
• Social development
• Physical development
• Management needs

If your child requires an accessible school building this will also be noted in this section. Find out more about the accessibility of DOE buildings.

Measurable Annual Goals

Academic, social, behavioral, and/or physical goals that can be reasonably met in a school year.

Progress Reports

A description of when you will receive updates on your child’s progress.

Recommended Special Education Programs and Services

A list of the programs and services your child requires in order to access, participate and progress in the general education curriculum. This includes the date the programs and services will begin, how often they will be provided, where they will be provided (in the classroom or another school location), and the length of each session.

Participation with Students without Disabilities

The extent to which your child will participate in general education classes and other school activities with his/her non-disabled peers.

Participation in State and District-Wide Assessment

This section identifies if your child will participate in the same State and district-wide assessments that are given to general education students or if your child will participate in alternate assessments for students with severe cognitive disabilities. Regardless of the type of assessment in which your child participates, s/he may have testing accommodations.

Find out More

• Other Special Education Services
• Related Services
• Graduation Requirements

Diploma Objective

The IEP identifies the diploma type your child is working toward or if s/he will work towards a commencement credential instead.

Find out more:

• Graduation Requirements
• After High School

Transition Services

Transition services are included on the first IEP that will be in effect when your child is 15 years old. Transition services include a coordinated set of activities, services, and supports that will support your child’s movement from school to post-school life with goals of education, employment, and independent living as appropriate.

Language

If your child is a multilingual or English Language Learner and requires English as a New Language (ENL) and/or bilingual services, this will be noted on the IEP. The language of instruction and service is included on your child’s IEP.

Consenting to Services

After the IEP is developed, the IEP team will ask you for written permission to start services. We will not arrange for any services to be provided until we receive your informed consent to do so.

You can withdraw your consent for special education services at any time. After withdrawing consent, you have the right to change your mind. If you later decide you want your child to be evaluated for special education services, you must write a new referral letter and give it to the school, CPSE, or CSE.

Annual Review

At least once a year, an IEP meeting must be held to discuss a student’s IEP including:

• Progress toward his or her goals
• Review of the appropriateness and effectiveness of the special education services provided to determine the services and goals for the following year

In addition to the required annual review, a review of the current IEP can be requested by you in writing to your school, CPSE or CSE.

Reevaluation

A reevaluation must be completed once every three years, unless you and the DOE agree in writing that it is not necessary. This is called a Mandated Three-Year Reevaluation (formerly called a Triennial).

If new assessments are needed, you will be asked to provide consent. Consent means you are giving your permission for assessments to be conducted.

All written reports will be shared with you when the reevaluation is completed. The IEP team, including you, will meet to review the IEP recommendations given the new information.

A reevaluation can also be requested by you or school staff, but will not take place more than one time a year unless you and the DOE agree otherwise in writing.

The Individualized Education Program (IEP)

If a child is eligible for special education services, the admission, review, and dismissal (ARD) committee is required to develop an individualized education program (IEP). [34 CFR §300.320 – Definition of individualized education program. ]

The ARD committee must consider:

• The most recent evaluation
• The strengths of the child
• Parent input
• Academic, developmental, and functional needs of the child

The IEP must contain:

• A statement of present levels of academic achievement and functional performance (PLAAFP)
• A statement of annual goal(s) and how progress toward meeting the annual goal will be measured.  For students with disabilities who take alternate assessment, a description of benchmarks or short-term objectives must be included (see information for Question and Answer Document: Individualized Education Program (IEP) Measurable Annual Goals below)
• A description of special education and related services designed to meet the student’s needs
• A description of the frequency for reporting progress to the parents
• A statement of participation in state and districtwide assessments (see information for the STAAR Alternate 2 Eligibility module below)
• A description of opportunities to participate in extracurricular and nonacademic activities or justification for nonparticipation
• A description of the instructional setting and lengths of the student’s school day
• A written statement of the IEP must document the decisions of the ARD committee with respect to issues discussed at each ARD committee meeting. The written statement must also include: (1) the date of the meeting; (2) the name, position, and signature of each member participating in the meeting; and (3) an indication of whether the child’s parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the ARD committee.
• Completion of the requirements for transition services (beginning for a student not later than when the student reaches 14 years of age)
• Documentation of information provided to the parents and student regarding transfer of rights at age of majority
• Completion of supplements for additional areas that are addressed for children with certain disabilities or needs:
• Student who is blind or visually impaired
• Transportation
• Extended school year
• Autism (Autism Supplement Guidance Document)
• Placement in a residential educational placement
• Placement at the Texas School for the  Blind and Visually Impaired (TSBI) or the Texas School for the Deaf
• Behavior intervention plan

The Texas Education Agency (TEA) has developed a model individualized education program form. The form contains only the required components of an IEP set out in the IDEA and all state-imposed requirements relevant to an individualized education program not required under federal law. (see TEC 29.0051)

Senate Bill (SB) 89, passed during the 87th Regular Texas Legislative Session, was signed into law on June 7, 2021, by Governor Abbott, and took effect immediately. 

 No later than May 1, 2022, Admission, Review, and Dismissal (ARD) committees must complete a required supplement as a written statement included in the child’s IEP. 

 Access more information from TEA about implementation of SB 89 at the following:

House Bill 4545 recently passed in the 87th Regular Legislative Session . The new statute is effective, as of June, 2021, with acceleration instruction practices required during the 2021-2022 school year for all students, based on results from Spring 2021. 

 HB 4545 establishes new requirements for accelerated instruction for students who do not pass the State of Texas Assessments of Academic Readiness (STAAR®).   

Access more information from TEA about House Bill 4545 and accelerated learning resources at the following:

Considering Assistive Technology (AT) in the Individualized Education Program (IEP) Process

Specially Designed Instruction (SDI) Field User Guide

Click HERE to register for access the Writing PLAAFP and Developing Measurable Annual Goals recording.

This webinar consists of content related to PLAAFPs (the federal law and state guidance related to PLAAFPs that identify a student’s strengths, baseline data, and critical areas of need), annual academic goals (the purpose and importance of measurable annual goals and a four-step process for developing annual academic goals), and annual functional goals (the purpose and importance of functional goals and a four-step process for developing a functional goal).

Question and Answer Document: Individualized Education Program (IEP) Measurable Annual Goals

This Question and Answer document is intended to provide guidance and best practices to local education agencies regarding ways to approach writing annual Individualized Education Program (IEP) goals that ensure involvement and progress in the student’s grade-level academic standards. This is also known as a standards-based IEP process.

Technical Assistance: Individualized Education Program (IEP) Development

This Technical Assistance: Individualized Education Program (IEP) Development from the Texas Education Agency provides helpful, general information for local education agencies (LEAs) and parents to develop an IEP that is individualized and based on the unique needs of the child, and is designed to enable him or her to work towards grade level content standards and achieve challenging goals.

STAAR Alternate 2 Eligibility Module

As part of the Texas Education Agency’s (TEA) ongoing efforts to improve the state’s testing program, the Student Assessment Division has developed a web-based training, the STAAR Alternate 2: Eligibility module to provide guidance to Admission, Review and Dismissal (ARD) committees to make assessment decisions based on state guidelines. This module helps ARD committee members assure that only students with significant cognitive disabilities are assessed with an alternate assessment. It is designed to supplement, not replace, the mandatory training required of all personnel involved in testing.

Standards-Based Individualized Education Program (IEP) Process Training

A training was created by the Child Find, Evaluation, and ARD Support Statewide Technical Assistance Network in collaboration with the Texas Education Agency with state and federal grants that focuses on developing present levels of academic achievement and functional performance (PLAAFP) development based on student data, drafting annual goals (academic and/or functional) and objectives, if appropriate, and collecting data for reporting progress. Participants will understand the importance of these components and how their alignment results in an appropriate and ambitious individualized education program for students receiving special education and related services. The intended audience for this training is special education teachers, related service providers, and any other professional staff responsible for drafting a student’s IEP, including present levels of academic achievement and functional performance and measurable annual goals. 

Please contact your regional education service center (ESC) for information about session details.

Standards-Based Individualized Education Program (IEP) Process: Implications for Administrators

The focus of this session is to learn more about the Standards-Based IEP Process. The primary focus of the training is to review the role of the administrator (or LEA representative in an Admission, Review, or Dismissal (ARD) committee meeting in reviewing the full and individual evaluation (FIE), developing present levels of academic achievement and functional performance (PLAAFP) development, drafting measurable annual goals, and objectives if appropriate, and creating a data collection system for progress monitoring. This training was created by the Child Find, Evaluation, and ARD Support Statewide Technical Assistance Network in collaboration with the Texas Education Agency with state and federal grants.

Please contact your regional education service center (ESC) for information about session details.

Standards-Based Individualized Education Program (IEP) Process: Implications for Evaluation Personnel

The focus of this session is to learn more about the Standards-Based IEP Process. The primary focus of the training is on the full and individual evaluation (FIE), present levels of academic achievement and functional performance (PLAAFP) development and writing goals and objectives. This training was created by the Child Find, Evaluation, and ARD Support Statewide Technical Assistance Network in collaboration with the Texas Education Agency with state and federal grants.

Please contact your regional education service center (ESC) for information about session details.

In what cases is an educational license required for an online school

A reader asks: “I am setting up targeted advertising on Vkontakte. A lot of information has accumulated, I think to make online courses. Do I need to get a license?

Companies and individual entrepreneurs that carry out educational activities need a license

If a business conducts educational activities, you need to obtain a license. But not always. If an individual entrepreneur teaches himself and does not involve teachers, a license may not be obtained.

License for educational activities

We have studied the legislation and judicial practice and derived the criteria for educational activities:

What is educational activity – art. 2 of Law No. 273-FZ

1. Availability of the program and class schedule.
2. Availability of teachers.
3. OKVED code suitable for training.
4. Issuance of a document on education.

Presence of a training program. This is the main criterion. Usually, the court looks at whether the online school has a program with class topics and a schedule. But even regular classes without a written program can be recognized as educational activities.

“We didn’t want to simplify the program to reduce the cost of the courses”

The online English school has a schedule of group and individual classes. Pupils know in advance what topics will be discussed in the classroom in the coming month. They can be viewed on the school website and in your personal account. In addition, once a week, students take tests and pass a written assignment. → The school has a curriculum, so it needs to get a license.

A live makeup artist explains what cosmetics to choose and shows you the basics of makeup. Sometimes she involves her colleagues in this and holds webinars. She says that there will be a live broadcast or a webinar in a day or two. She does not have pre-made topics. → There is no training program, no need to obtain a license.

Availability of teachers. The main requirements for a teacher are education in the field he teaches.

If people who have an education in this field or work experience check students’ homework in a marketing course, they will be considered teachers. Even if they are called not teachers, but mentors or curators.

The court also looks at the existence of contracts with teachers. Contracts can be both labor and civil law, for example, for the provision of services. The court pays special attention to the subject matter of the contract. For example, if the subject of the contract is “the provision of educational services”, the activity will be considered educational.

If an individual entrepreneur teaches on his own and does not involve teachers, a license may not be obtained.

OKVED code suitable for training. For example, if a business has the OKVED code “Additional education for children and adults” or “Education in the field of culture”, a license is needed. And if you work according to the OKVED codes “Activities for the creation and use of databases and information resources”, you will not need a license.

Issuance of a document on education. This can be a certificate, certificate or diploma. They are issued after an exam, which confirmed that the student has mastered the knowledge and will be able to apply it in work.

Ivan bought a design mailing list. Every week for two months, he received letters telling him what the designer does and giving him basic concepts. In the last letter, he was sent a certificate stating that he had taken the course. Such a certificate cannot be considered a document of education.

In addition to the above, the court sometimes analyzes the website and advertisements for online courses.

The website of the school that explains how to work in Excel says they teach students. This may be considered evidence that the school is engaged in educational activities.

The court may also ask the parent of a child who took a course whether they considered it to be education or entertainment.

We collected examples in a table when an activity is regarded as educational, and when it is not.

Educational activities	Non-educational activities
A copywriter conducts courses in which he teaches how to write texts for social networks. He himself conducts classes and attracts other well-known copywriters	The designer conducts webinars where he tells how newbies can start working in this field. He conducts classes himself and does not involve other specialists
The company teaches how to work in Excel. Pupils are regularly tested on topics covered	Specialist in promoting goods on marketplaces made a paid mailing list, in which he shares his secrets once a week
Online school teaches the basics of programming. Recruitment for courses is ongoing – on the first day of each month, classes for new groups begin. The site has a class schedule with topics	The cosmetologist conducts webinars several times a month. The topic and time of the webinar is chosen based on voting in social networks for 3-4 days

It is not necessary to meet all the criteria for an activity to be recognized as educational. For example, if online courses do not have a clear schedule, but there are teachers, the court may consider the courses educational.

If you do not involve third-party teachers and work on an educational program, and webinars will be one-time, a license is not needed.

If you are in doubt about whether you need a license, you can write a letter to Rosobrnadzor or the regional department in the field of education, describe your situation and ask if you need to obtain a license.

How to obtain a license for an online school

To obtain a license, companies or individual entrepreneurs need to fill out an application, collect documents, and pay a state fee. The amount of the state duty is 7500 ₽. Details about the procedure for obtaining a license were written in a separate article.

How to get a license

Companies and entrepreneurs who train online have simplified the process of obtaining a license. They do not need to rent a room and undergo inspections for compliance with sanitary and epidemiological standards.

What happens if you work without a license

A business can get a fine for working without a license:

Fines for not having a license

• from 4000 ₽ to 5000 ₽ for individual entrepreneurs;
• from 40,000 ₽ to 50,000 ₽ for companies.

The size of the fine is affected by business income and possible damage.

If the damage was large, they may be held criminally liable – a fine of up to 300,000 ₽, compulsory labor or arrest for up to six months.

Criminal liability – art. 171 of the Criminal Code of the Russian Federation

If work without a license did not cause harm to life and health or did not cause property damage, a warning may be issued. What exactly is considered harm to life and health or property damage, the court decides.

Ask an expert

In the Q&A section, Tinkoff experts discuss popular questions from readers on taxation, laws, labor disputes and other business issues. You can send your question to [email protected].

Educational activity license for language schools and children’s centers

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⚡ Get to the point

You need to obtain a license for educational activities. Ordinary schools and universities do not doubt its necessity. For private companies, such as language schools and children’s sections, the situation is not so obvious. Do training and non-school activities count as education? If yes, what are the exceptions?

Contents

• What is educational activity

• When a license is definitely not needed: exceptions

• Controversial situations from judicial practice

• How to insure against claims

What is educational activity

Let’s start with a popular misconception. Entrepreneurs say: “We are not a school, we do not issue certificates, so there should be no questions for us.” But the certificate is not the only criterion for educational activity. The law on education defines many features. The presence of any of them may lead to disputes with Rosobrnadzor.

Here they are:

Education is conducted according to the program, where it is indicated:

• subject, volume and mode of study;
• learning outcomes;
• teachers and learning conditions;
• methods and forms of results evaluation.

Educational program:

• is presented in the form of a work program, schedule, curriculum or class schedule;
• contains methodological and evaluation materials.

Training is conducted by teachers (full-time or under GPC agreements).

The level of acquired knowledge and skills is checked , evaluated and, as a result, confirmed.

In fact, training centers, language courses, online schools are engaged in education. Just not general, but additional.

Rosobrnadzor knows this. Even if the OKVED lists recreational activities, the school positions itself as a “leisure center”, and teachers call themselves something else, the inspectors will try to find out two things:

1. Is the activity actually educational.
2. Whether the entrepreneur or organization falls into the list of exceptions that exempt from obtaining a license.

When a license is definitely not needed: exceptions

Exempt from obtaining a license:

1. Individuals. They cannot engage in educational activities under Art. 21 of the Law on Education. This requires the status of an individual entrepreneur or legal entity. They can only engage in tutoring, give private lessons (for example, music, drawing), conduct trainings.
2. Individual entrepreneurs who personally conduct training and do not involve other teachers. For example, if you personally teach an online photography course, you don’t need a license anyway. Even if it is an annual training program with a certificate at the end.

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Disputes from judicial practice

When Rosobrnadzor finds a violation, the company is punished under 14.1 of the Code of Administrative Offenses. Individual entrepreneurs are fined 4-5 thousand rubles, LLC – 40-50 thousand rubles. Then the inspectors come a second time to check the fixes. This means that the company will also have to obtain a license and comply with licensing requirements. And this is quite difficult and expensive, and some rooms cannot be adapted at all to the requirements of sanpins.

Therefore, entrepreneurs go to court and try to prove that they are not engaged in educational activities. Judicial practice is very ambiguous, especially at the level of district courts.

Let’s use two examples:

1. Case No. А56-25488/2013. The training center, at the initiative of the prosecutor’s office, was brought to administrative responsibility for educational activities without a license. The center taught foreign languages, computer literacy and other subjects. The courses were paid. The knowledge of the students was not tested, the document on education was not issued. The court came to the conclusion that there are no signs of educational activity, but only its individual characteristics. The center avoided responsibility.
2. Case No. 310-AD17-3729. It reached the Supreme Court, more recent and revealing. The Respondent is a training center that trained navigators of small boats. The situation is similar: paid courses without final certification and issuance of a certificate. But in this case, the Supreme Court concluded that the failure to issue certificates of completion of the program does not prevent the activity from being considered educational.

Recall that the courts are guided by the Supreme Court, but do not always make similar decisions. There is a chance that the language school or children’s center will receive a decision, as in the first case – and they will not have to pay a fine and mess with a license.

How to insure yourself against claims

1. Do not indicate educational activities in OKVED codes, statutory documents, on the website, in advertising, etc.
2. Positioning activities as informational, advisory, entertaining are typical options.
3. Abandon the use of “educational” and “teaching” terminology. “Seminars”, “webinars”, “lectures”, “master classes”, etc. are well suited. Instead of “studied” – “participated”, “listened”.
4. Do not declare the possibility of professional development, obtaining a new qualification, a new profession, etc. It shouldn’t be in the documentation either.
5. Do not use a system of tests, assessments to test knowledge, especially as a basis for issuing a final document.