Preparing
the IEP
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Often, when things
are going smoothly, parents pay less attention to the wording of the
IEP than they should. Later, if problems develop, old IEPs may cause
problems. Here are some practical thoughts to keep in mind:
CURRENT EDUCATIONAL
STATUS
This section should
not only address progress, but areas of weakness. For example, if
the child is reading 3 levels below grade level, note that this is
a concern even if it appears this might be an unavoidable attribute
of the disability. Similarly, the IEP should not say that the child
is reading at the 4th grade level if comprehension is only
at the 2nd grade level.
If there are problems
with generalization outside of school, or if the childās behavior
is a problem, note this in the IEP.
GOALS AND OBJECTIVES
Sometimes the
goals and objectives are too vague to be measured and are meaningless.
Do not accept a statement that "John will demonstrate improved behavior"
or that "Mary will interact more with her peers." Likewise, do not
accept goals or objectives that sell your child short. Remember that
the school district must provide a program from which the child will
derive "meaningful benefit." If the goals are too easy, it will appear
that the child is making sufficient progress, when he or she is really
not.
TRANSITION
PLANNING
Make sure that
this addresses what the child needs to learn in order to become employable
and to live as independently as possible. For instance, some children
must be taught to use public transportation or to shop for groceries.
Address these issues early.
WHAT IF THE
DISTRICT REFUSES TO INCLUDE MYCOMMENTS?
Write a letter
noting that the district has refused to include your comments in the
IEP and then set them out. Explain why they are important. If the
district refused to include your goals and objectives, note them in
your letter. Send the letter by certified mail and insist that it
be attached to the IEP and made part of the child's school record.
Do not sign the IEP. Your consent can be construed as a waiver of
any objections.
Copyright 2000
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
