Your child has been struggling at school. When you mentioned your concerns to your child’s teacher, she mentioned an IEP. But you’re not sure how the process works or where to start. 

An IEP – Individualized Education Program – is a legally binding document that outlines the changes the school must make to meet your student’s needs. Learning about the IEP process can help you get the best outcome for your child. 

This article provides a step-by-step overview of New York City’s IEP process. It answers questions such as how students qualify for IEPs. Finally, it explains how a therapeutic school in NYC can successfully implement your child’s IEP. 

Understanding The IEP Framework 

Before Step 1, let’s take a moment to understand the laws that guide the IEP process. 

The Individuals with Disabilities Education Act (IDEA) is a federal law designed to help children with learning issues. A child with a qualifying disability under the IDEA may be eligible for special education. In this context, “special education” means being given individualized support to help them learn despite their disability. For example, an IEP can require the teacher to give the student different homework, a different amount of homework, or otherwise change the lesson. 

Special education doesn’t always require a separate classroom setting. The IDEA requires that special education students receive a free appropriate public education (FAPE). The FAPE must be provided in the Least Restrictive Environment (LRE). This means the student must be placed in a setting as close as possible to the traditional classroom (“General Education”). Put another way, students should only be removed from the general education classroom if their needs cannot be met in any other way. 

Step 1: Referral and Consent 

The first step in the NYC IEP process is making a referral. The referral is a formal request to have your child evaluated for special education services. Children can be referred for special education services until high school graduation or age 21. 

To make a referral for a child in an NYC public school, send an email or letter to the school’s principal and IEP team. Be clear that you want your child evaluated for special education services. Briefly state any facts that support your request. In addition, be sure to include: 

• Your child’s name and date of birth
• Their grade and the teacher’s name 
• Their OSIS Number 
• Your contact information 
• Any prior medical diagnoses or recommendations 

Once you send the referral, the NYC IEP timeline gives the school 10 days to request your consent to evaluate your child. Even if you made the initial referral, you must consent to the evaluation in writing for the process to continue. 

Step 2: Evaluation 

After you consent to the evaluation, your child will be referred for evaluation. You can request that your child be evaluated for specific issues, but even if you don’t, the process will consider all areas of suspected disability. Legally, NYC Public Schools must complete the evaluation process within 30 days from the date of your consent. 

Once the evaluation process begins: 

• Your child will be tested to gauge their abilities in various academic and non-academic areas
• You’ll be asked to provide results from a recent physical examination 
• You’ll have to complete a questionnaire about your child
• The evaluators will observe your child in the classroom 

Depending on the disability, your child may also be asked to complete psychiatric, vision, hearing, or other examinations. If your child’s emotional issues are a concern, they may also be asked to take a functional behavioral assessment. 

Step 3: Developing the IEP 

After the evaluations are completed, the IEP team must meet. Under the law, the team must include: 

• You
• Your child (if they are old enough and able to participate) 
• A special education teacher
• A general education teacher
• The school psychologist
• A district representative

Preparing for your first IEP meeting is important. At a minimum, it’s important to be familiar with your child’s diagnosis, know what the issues are, and have an idea about what you think the school can do to help your child. 

At the IEP meeting, the team will decide whether your child has a qualifying disability under the IDEA. If your child has a qualifying disability that affects their education, the team will create an IEP. Among other things, the IEP must outline your child’s current academic and emotional levels and list measurable goals the team can use to track your child’s progress. These markers will help you evaluate the effectiveness of the IEP over time. 

Step 4: Placement 

The IDEA requires that special education services be provided in the LRE. While the goal is to place your child in a setting that is as similar to the general education classroom as possible, sometimes the necessary services can’t happen in that setting. If so, the IEP team will recommend a new school or classroom. 

You have the right to voice your opinions about the potential placement. Even if you agree, be sure to visit the new school first to ensure the placement is appropriate. 

Step 5: Implementation

The NYC IEP timeline states that schools must begin providing the services listed in the IEP within 30 days of the IEP meeting.

Unfortunately, research shows that even when parents are happy with the IEP itself, they are often dissatisfied with how schools provide IEP services. This is not always the fault of the teachers, most of whom are doing their best. However, traditional schools aren’t designed to provide individual instruction. For example, their high student-to-teacher ratios make it difficult for students to get individual attention.  

Step 6: Review and Revise  

Getting an IEP is only the beginning of the process. The IEP team must meet at least once every year to adjust the IEP based on the child’s needs and progress. (However, you can request a meeting at any point.) Be sure to bring up any concerns you have about what’s working (and what isn’t) so the team can respond.

Beyond the official IEP process, as part of your own process, you should constantly reevaluate whether the IEP needs changes and whether the school is the right setting to provide the services your child needs. If you’re unhappy with how your child’s current school is implementing the IEP and you’re looking to make a change, consider Academics West. We have small classes and on-site therapeutic services. Here, every child gets the attention they need. To learn more about our approach, watch our virtual tour or call 212-580-0080 or use our contact form to schedule a visit to our Upper West Side campus.