April 30, 2025 • 26 mins
Demystifying the IEP process stands at the heart of educational advocacy for students with disabilities. In this comprehensive conversation with Kyla Bishop, staff attorney at Disability Rights Arkansas, we unpack the legal framework, timeline, and practical aspects of Individualized Education Plans that every parent and educator should understand.
Many families first encounter special education through a medical diagnosis or teacher recommendation, but few realize an IEP is actually a legally binding document that obligates schools to provide specially designed instruction at no cost to parents. Kyla walks us through the entire process – from initial referral (which triggers a strict timeline) to the comprehensive evaluation that assesses everything from academic achievement to adaptive functioning.
The mechanics of IEP meetings reveal important parental rights that often go unexplained: parents can request meetings anytime, bring supporters without district permission, and should receive complete copies of all documentation. For students approaching adulthood, we explore the transition of rights at age 18 and the critical transition services that must begin at 16 to prepare students for life beyond high school – whether their path leads to college, vocational training, employment or independent living.
Perhaps most valuable is Kyla's practical guidance on navigating common challenges within the system. She emphasizes that only two circumstances allow schools to end services: when a student either receives a regular diploma or reaches age 21. Throughout our conversation, her message to parents remains consistent: stay vigilant, document everything in writing, and remember you're not alone in this journey.
Whether you're new to special education advocacy or a seasoned IEP team participant, this episode provides crucial insights to help ensure students receive the educational support they're legally entitled to receive. Connect with Disability Rights Arkansas if you need individual guidance on your specific situation.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Amber (00:00):
Welcome to Including you a podcast by Disability Rights
Arkansas.
On this podcast, we shine alight on the real everyday
experiences of people withdisabilities the challenges,
triumphs and all the moments inbetween.
At Disability Rights Arkansas,we're committed to providing
guidance to people withdisabilities on navigating their
(00:22):
rights, tackling everydayissues and accessing the support
they need in a complex world.
In this podcast, including you,we bring that information
directly to you, the listener.
We'll cover topics likeaccessibility questions,
building your career, securingthe care you deserve and even
(00:44):
navigating the nuances of loveand relationships as a person
with a disability, becauseeveryone has the right to know
their rights Everyone, includingyou.
So, whether you're a seasonedadvocate or someone just
starting to think differentlyabout disability, you're in the
right place.
I'm your host, amber Quaid, andtogether we'll explore how small
(01:06):
, meaningful changes can make abig difference.
Let's dive in.
Our guest joining us today isKyla Bishop, staff Attorney with
Disability Rights Arkansas.
She's going to talk to us alittle bit about IEP, but before
we get started, kyla, would youlike to introduce yourself a
little bit?
Kyla (01:25):
But before we get started, kyla, would you like to
introduce yourself a little bit?
Sure, thanks, amber.
So my name is Kyla Bishop.
I'm one of the staff attorneyshere at Disability Rights
Arkansas.
I focus primarily on education.
I've been doing this for aboutfive years now and it's been a
learning experience, but thankyou for allowing me the
(01:45):
opportunity to talk about IEPstoday.
Amber (01:48):
We're always excited to have someone with several years
of knowledge and just sharingthat wealth with us.
Well, we're excited to get totalk with Kyla today, but before
we do, I just want to let youknow I'm not alone in hosting
today's podcast.
We also have Jamie with us.
Jamie, you want to say hi, hey?
Jaime (02:06):
guys, it's Jamie Gardner, the marketing coordinator here
at DRA.
Amber (02:09):
Today we're going to dive into this whole IEP
conversation.
Let's go.
Let's go.
All right.
So say, I want an IEP or aspecial education related
services, but I have no cluewhere to start.
What do I do?
Kyla (02:26):
Well, the first thing that we should cover before getting
into IEPs is you know what isthe law governing IEPs, right?
So that law would be the IDEAor the Individuals with
Disabilities Education Act, andso that law requires that each
eligible child with a disabilityshould receive a free,
(02:50):
appropriate public education.
And so that's where you knowthat special education and IEPs
come in.
So you know what is specialeducation.
You know a lot of the timeswhen I get new parents or I'm
talking, you know, with peopleout in the community, you know
they don't really know.
You know what that is, and soyou know special education
(03:14):
literally just means speciallydesigned instruction to meet the
unique needs of a child with adisability.
So you know alterations in howthey deliver instruction, how
they set up assignments, evenyou know what they're working on
.
It's all.
It's just specially designedinstruction to meet the needs of
(03:38):
that child.
And so related services are anyof those services that are
needed to achieve thatrequirement, that specially
designed instruction.
And so those can look likespeech, language therapy,
occupational therapy.
You know physical therapy,because you know we're thinking.
(03:58):
You know even if the childneeds assistance with.
You know writing and reading.
You know they need to know howto, or they need to be able to,
hold a pencil, so to say, and sothat's where something like
occupational therapy would stepin and help out, you know, with
those skills, and so, takentogether, it's just that, like I
(04:19):
say, that specially designedinstruction to meet those needs
of the child, designedinstruction to meet those needs
of the child, and so, a lot oftimes, parents aren't introduced
to the concept of specialeducation or an IEP on their own
.
A lot of the times parents areintroduced to IEPs through the
receipt of, you know, earlychildhood services or if there
(04:43):
is a recommendation from adoctor or other you know medical
professional.
So say, the child has beennewly diagnosed.
You know, in that diagnosis orevaluation, what have you you
know, there may be arecommendation for, you know, an
IEP that you know requires thatspecialized instruction.
(05:05):
Also, you know, a teacher orother school professional can
recommend an IEP as well.
It doesn't have to necessarilybe a professional from outside
of the school, and so those arethe most common situations we've
had of parents, you know, beingintroduced to that process.
Amber (05:26):
Which makes complete sense.
I know that we had talked alittle bit before about IEP, so
sometimes I know peoplemisunderstand what an IEP is,
but it's actually a document,isn't it?
Kyla (05:39):
Correct.
So it is a legal document thatbasically sets out that outlines
what that specially designedinstruction is going to look
like.
Now, what do I mean?
When I say it's a legaldocument?
I mean that the school districtis legally obligated to provide
those services within the IEPat no cost to the parent.
(06:03):
So it is an actual document.
You know IEP stands forIndividualized Education Plan,
and so you know that's what itis.
It is a document, it's a planthat outlines, like I said,
that's specially designedinstruction.
However, they need it, and soparents should be given copies
(06:25):
of the IEP.
You know I always recommendbringing a copy of one to the
meeting, and if they don't havethat, they should and can
request that from the schooldistrict.
Jaime (06:36):
So you know, I didn't know that it was actually a
document.
So that's kind of cool.
So I guess I guess the basicidea of what an IEP is.
But you know, the whole thingis still kind of confusing and,
I'm sure, pretty confusing to alot of parents and family
members out there.
So if I just have thesedocuments, do I just turn them
into the school or is there atype of specific referral
(06:57):
process or what's the best wayto go about that?
Kyla (07:00):
Right.
So yeah, an IEP just doesn'tmaterialize out of air, right?
This you know it all has to.
We have to get the ball rollingsomehow.
And so you know there is anactual referral process.
You know a legal process toattain an IEP relevant
(07:21):
information on the child.
You know whether that be theparent, a teacher, principal.
You know they can make areferral for the child to
receive special educationservices, and so you know that
(07:42):
referral should go to thespecial education director of
the school, or you know yourprincipal, but someone at admin
level, and I would recommendthat they send that in writing,
just so that you have a copy ofit, you can see who you sent it
to and exactly when.
And so once you submit thatreferral to the appropriate
person, they have the district.
(08:03):
The school district has sevendays to schedule a conference,
and so this is where things kindof get to moving quickly.
And at that referral conference, that is where the school
district has to obtain aparent's consent to evaluate the
child.
That's a really important thing.
You know they have to have yourpermission before they proceed
(08:27):
with this process.
So you know we have to get allour signatures and you know
everything like that.
But you know, once the parenthas given that consent for
testing, the district has 60days to complete that evaluation
, 60 days.
And then within the 30 daysafter the last part's completed
they have to schedule aconference to basically review
(08:49):
that evaluation and, you know,look over the results to
determine if the child needsspecial education services.
So yeah, it's kind of it goesquickly but you know that's to
(09:18):
ensure that there is no delay.
Obviously we're talking abouteducation so any delay could be
the school district in theirdetermination.
Very much encourage parents togive those over at the referral
conference.
Amber (09:31):
Well, it sounds like there's a lot to this process,
but what happens with theinitial evaluation and
assessment?
Is there anything I shouldworry about?
Kyla (09:41):
So the main thing to know about an initial evaluation is
that it's going to becomprehensive.
We're going to be assessing allareas of suspected disability so
that we don't miss anything ofsuspected disability, so that we
don't miss anything.
And so an evaluation they callit a comprehensive
(10:02):
psychoeducational evaluation andthat is, you know, performed by
a licensed medical professional, and they're going to
administer various assessments,such as achievement testing,
which assesses a student'sability in academic areas, just
like math, reading, writtenlanguage, things like that.
They're also going to be testingfor cognitive and intelligence
(10:26):
testing.
We're going to have behavioraltesting and then adaptive
testing, which includes skillssuch as communication, daily
living skills, socialization,motor skills, things like that.
So not only are we testing forto see what the child's academic
needs are, but we're also goingto be looking at those
(10:48):
functional skills as well.
And if the parent or the schooldistrict have a suspicion that
a child needs it, they can alsoadminister assessments for
therapies such as physicaltherapy, occupational therapy,
speech therapy, any of thosetherapies that are needed for
(11:10):
the child to receive a know,their education, that specially
designed instruction.
And so, again, it's meant to becomprehensive, they're meant to
do, I think, the morecomprehensive the better.
Again, we want an entirepicture of the child, so we're
not missing anything, and youknow.
And so we're designing an IEPthat they can actually benefit
(11:33):
from.
Jaime (11:34):
So let's say, like all of this, you know, goes well, goes
, super great.
Does that mean that we're likegood to go?
Does anything else need tohappen?
Do we need to do this again ifwe start, like the next school
year, like what does that looklike?
Kyla (11:46):
Right.
So, basically, at the end ofthe referral process, we're
going to have this meeting it'san evaluation conference to, you
know, review the results, right?
And so the IEP team, which isgoing to consist of a group of
district staff and the parents,this team is going to ask two
(12:07):
questions.
First, we're going to ask, youknow, does the child have a
disability?
Because you know, in order toreceive an IEP, you have to have
a disability.
So that would be the firstquestion.
And then the second question isdoes this child need specially
designed instruction?
Because not every child with adisability is going to need an
(12:28):
IEP.
Just you can't get an IEP justby virtue of the fact you have a
disability.
It's.
Do you have a disability andneed that specially designed
instruction?
And so a lot of parents, youknow, they ask what does that
look like?
Well, it's different for eachchild.
You know there's no like onespecific set of criteria such as
(12:51):
like oh, you have to score this, this, or you know it's not,
it's very individualized.
It's going to be, you know,different for each one.
But you know what they will doat that meeting is they're going
to review the evaluation, youknow, any input or evaluation
documentation given by theparent.
They're going to get input, youknow, from the teacher, and so
(13:14):
it's going to be a thoroughdiscussion.
But at that point if they dodecide that you know the child
needs that, then you know weactually move into forming and
creating the actual IEP document.
Amber (13:30):
Well, I was just wondering does my kid need to be
a part of this meeting?
Kyla (13:34):
They are not required to attend IEP meetings.
You know, when they're youngerthey may not necessarily need to
attend these meetings.
You know, they're kind ofobviously, you know, higher
level, kind of dealing withthings a little more advanced
than you know, like what asecond grader can understand,
(13:55):
and so it's up to the parents,it's up to the team.
But if we have an older student, you know, like maybe say
someone in middle school or highschool, at that point it may be
more beneficial to invite themto, you know, the IEP meetings.
Amber (14:10):
My kid doesn't need to attend the meetings, but should
I bring anyone else to thesemeetings, especially if my kid's
younger?
But just the initial start ofIEP meetings.
Should I be bringing anyoneelse to these meetings?
Kyla (14:23):
Yeah, so the parent can bring any individual that's
knowledgeable about the child'sdisability with them to the IEP
meeting.
So in practice that looks likeyou know a mental health
therapist, maybe the child'sBCBA, the board certified
behavioral analyst, or the RBPregistered behavior technician,
(14:47):
or a PASS coordinator, even youknow anyone who might have
knowledge about the child'sdisability the parent can bring
with them.
They don't have to receivepermission from the school
district to do that.
That is their right.
Jaime (15:01):
Based on these results, you know that this team, you
know, finds and whatever theyend up deciding, the child would
be, I guess, officiallyenrolled or have an IEP.
Kyla (15:12):
Yeah.
So once we reach, you know,that decision that the child
needs that special instruction,the entire team is going to sit
down.
This will be at the samemeeting.
They're going to sit down andactually, you know, make the IEP
.
Each IEP has to have a set ofgoals and those goals have to be
(15:32):
designed to meet the child'seducational needs.
And those educational needs aregoing to be those that were
defined or revealed as part ofthe evaluation process.
And so these goals have to bedesigned to meet the child's
educational needs.
And an important thing forparents to remember is that that
includes academic andfunctional goals.
(15:54):
So behavioral skills, adaptiveliving skills, et cetera,
anything that you know the childor the teen determines the
child needs to, you know,receive that instruction.
So they're actually going tosit down after, you know, at the
same meeting where theydetermine from the evaluations
(16:14):
that they need the instruction,they need an IEP, they're going
to, you know, make the document,establish these goals.
And so then those goals are,you know, implemented in the
classroom.
You know that's what they workon.
You know, for example, I'veseen some like math IEP goals
that say, you know the studentwill work on you know, multiples
(16:39):
of three or something like that, and that will be measured
every nine weeks typically, andthat's how they keep track of
the progress.
Amber (16:51):
What if I'm noticing that my child is struggling?
Can I just go ahead and set upan IEP meeting to have a
conversation?
Kyla (16:59):
Oh yeah, so a parent can request an IEP meeting at any
time.
You know, often we have parentsthat come to us saying you know
, the school told me I only getthree IEP meetings a year.
No, you know, the parent canrequest a meeting at any time.
You know I always say this putyour request in writing, so you
(17:21):
know who you sent it to andexactly when you sent it.
But the parent can request ameeting.
You know you sent it to andexactly when you sent it.
But the parent can request ameeting verbally if they want to
.
There is a 14-day noticerequirement.
We can't just have an IEPmeeting tomorrow.
If we want one, there's a14-day notice requirement.
That's just to allow everyonetime to be able to be there and
(17:44):
stuff.
But the parent can waive thatif they want to.
If there's a need to have anIEP meeting sooner than that,
you know that's totally up tothe parent.
There's also, you know, at IEPmeetings, all required team
members have to be there too,and so we've kind of been
talking about it throughout thisconversation.
But specifically, the IEP teamis made up of the parent, a
(18:09):
regular education teacher, aspecial education teacher, a
representative from the schooldistrict who is, you know,
knowledgeable about services andthe special education provided
by the district.
And then someone who caninterpret the evaluation results
.
And you know, sometimes onestaff member can fill more than
(18:33):
one role.
So if you don't have, you know,exactly five people at every
meeting, just ask the scheduler.
You know who's serving whatrole.
And then also, you know, justas a parent can invite
individuals to IEP meetings, theschool district can do that as
well.
They can choose, you know, toinvite.
(18:53):
You know like a dean of studentservices, or you know dean of
academic services, or you knowthe principal of the alternative
learning environment.
You know, just as the parenthas that right, the school
district has that as well.
So that's just some things toremember when calling IEP
meetings.
Jaime (19:12):
So what happens if my child turns 18 during the school
year?
Does that mean like my rightsas like a parent or a guardian
get transferred to my child?
Do they go completely away?
What does that look like?
Kyla (19:25):
Oh, yes, at the age of 18, the rights of the parent under
the IDEA transfer over to thestudent.
Yes, in short, it does go away,but a lot of the times parents
still stay involved and a lot ofthe times the students want
that.
So just because you know thoserights transfer doesn't mean you
(19:47):
know parents are going to becompletely cut out and barred
from being involved.
That's not typically the case.
And then what about, you know,whenever they turn 16, that's
when the school or the IEP teamhave to start implementing
(20:08):
transition services.
Okay, so what are transitionservices?
They are, specifically they'rea coordinated set of activities
that facilitate the child'stransition from school to
whatever post-school activitiesthey're interested in doing, you
know, college or university orvocational education, integrated
(20:32):
employment, independent living,anything like that.
A coordinated set of activitiesto prepare them from that move
from school to whatever comesnext.
And so, as they are, well,first, you know what are those
activities?
That can include instruction,certain areas.
(20:53):
It can include the receipt ofany related services, like the
ones we've talked about before.
It can be community experiencesI've seen students shadowing a
business owner if they'reinterested in opening or, you
know, doing any sort of businessthings.
And then that also includes theacquisition of any functional
(21:17):
living skills.
So if the child is going to bewith supported or, you know,
independent living, learning howto, you know, live by
themselves, maintain a home,upkeep themselves and et cetera,
but whatever it is, you know wehave to take into account the
child's needs and interests.
We don't get to pick for them.
(21:38):
They get to pick, and you know,I'd encourage, you know, iep
teams and parents to.
You know talk about this withtheir kids, you know, before 16.
I mean you can start havingthese conversations with the IEP
team as early as 14.
But you know we would havegoals and transition services
(22:09):
geared towards going to college,learning to live alone, you
know, learning.
If they struggle with thislearning like timeliness or you
know anything like that it'sthose activities that are going
to set the child up for success.
Amber (22:26):
It's those activities that are going to set the child
up for success.
All of the parts you're talkingabout is while the child is
still in high school, but whathappens when they graduate?
Does this whole IEP team becomeno longer necessary?
If so, then what happens to mychild's services?
What if they don't graduatewhen they're 18?
Can they age out of services?
How does all that part work?
Kyla (22:46):
Yes, a child can age out of services.
So, no matter what, underArkansas law, once the child
reaches the age of 21, theschool district is no longer
obligated to provide specialeducation services obligated to
provide special educationservices.
And then you know, in thesecond instance, the school is
(23:14):
no longer obligated to provideservices if the child receives a
regular education diploma.
Students on IEPs can achieveregular diplomas if they
complete their graduationrequirements set by the state.
You know that's a commonmisconception from parents.
You know, is my child going tobe able to walk?
And yes, that is available forthem.
Another thing, and this isunique for Arkansas, we also
(23:36):
have the Arkansas alternatepathway to graduation for
students with the mostsignificant cognitive
disabilities.
And so, you know, thegraduation requirements for that
look a lot similar to theregular diploma requirements but
just amended as appropriate.
And then you know, students,they can also earn a GED, though
(23:57):
that doesn't necessarily mean aschool district can stop
special education services.
So you know, in the twoinstances where a school
district can absolutely stop iswhen the student ages out or
they graduate with a regulardiploma.
Amber (24:16):
Okay, I was like I feel like this has been some
excellent information.
How about you, Jamie?
Jaime (24:23):
Oh yeah, no, I've definitely learned some stuff,
for sure, that I didn't knowbeforehand.
Amber (24:27):
Right, I've been taking notes this whole time.
Well, thank you, kyla, forbeing on the show here with us
today and sharing all thisinformation Before we go.
Is there anything that you feelthat people should take away,
or something we missed, or justany last notes you have for us?
Kyla (24:45):
I'll just say, you know, stay vigilant.
A lot of this, you know it is alot to absorb.
You know, if your child is veryyoung, you know you're probably
going to be dealing with IEPsfor a while.
So, you know, do your research.
You know, review your IEPs andjust stay on top of it.
And you know that's going to bethe best way to get through
(25:06):
this process.
You're not alone.
If you have any, you knowparent groups in your area
definitely reach out to them.
And if you have any questionsor any concerns, please reach
out to us.
Amber (25:18):
That was wonderful.
That was perfect.
Thank you so much, kyla, forbeing on the show today.
No problem.
Thank you for joining us onIncluding you.
We hope today's conversationhas sparked ideas, offered
guidance or inspired you to takeaction in your own life and
community.
At Disability Rights, webelieve advocacy isn't always
(25:39):
about sweeping reforms.
Sweeping reforms, it's aboutthe small, everyday actions like
asking the right questions,standing up when something feels
wrong or helping to create aspace where everyone feels
included.
If today's episode resonatedwith you, visit us at
(26:02):
disabilityrightsarorg to learnmore about your rights, access
resources and find ways to getinvolved.
But don't forget to follow uson social media for updates,
tips and stories from thedisability community.
If you enjoyed this episode,share it with a friend, leave us
a review or start aconversation, because that's
where change begins.
Remember everyone deserves toknow their rights.
(26:23):
Remember, everyone deserves toknow their rights Everyone,
including you.
Until next time, I'm AmberQuaid and we'll talk with you
again soon.
Welcome to Including you a podcast by Disability Rights
Arkansas.
On this podcast, we shine alight on the real everyday
experiences of people withdisabilities the challenges,
triumphs and all the moments inbetween.
At Disability Rights Arkansas,we're committed to providing
guidance to people withdisabilities on navigating their
(00:22):
rights, tackling everydayissues and accessing the support
they need in a complex world.
In this podcast, including you,we bring that information
directly to you, the listener.
We'll cover topics likeaccessibility questions,
building your career, securingthe care you deserve and even
(00:44):
navigating the nuances of loveand relationships as a person
with a disability, becauseeveryone has the right to know
their rights Everyone, includingyou.
So, whether you're a seasonedadvocate or someone just
starting to think differentlyabout disability, you're in the
right place.
I'm your host, amber Quaid, andtogether we'll explore how small
(01:06):
, meaningful changes can make abig difference.
Let's dive in.
Our guest joining us today isKyla Bishop, staff Attorney with
Disability Rights Arkansas.
She's going to talk to us alittle bit about IEP, but before
we get started, kyla, would youlike to introduce yourself a
little bit?
Kyla (01:25):
But before we get started, kyla, would you like to
introduce yourself a little bit?
Sure, thanks, amber.
So my name is Kyla Bishop.
I'm one of the staff attorneyshere at Disability Rights
Arkansas.
I focus primarily on education.
I've been doing this for aboutfive years now and it's been a
learning experience, but thankyou for allowing me the
(01:45):
opportunity to talk about IEPstoday.
Amber (01:48):
We're always excited to have someone with several years
of knowledge and just sharingthat wealth with us.
Well, we're excited to get totalk with Kyla today, but before
we do, I just want to let youknow I'm not alone in hosting
today's podcast.
We also have Jamie with us.
Jamie, you want to say hi, hey?
Jaime (02:06):
guys, it's Jamie Gardner, the marketing coordinator here
at DRA.
Amber (02:09):
Today we're going to dive into this whole IEP
conversation.
Let's go.
Let's go.
All right.
So say, I want an IEP or aspecial education related
services, but I have no cluewhere to start.
What do I do?
Kyla (02:26):
Well, the first thing that we should cover before getting
into IEPs is you know what isthe law governing IEPs, right?
So that law would be the IDEAor the Individuals with
Disabilities Education Act, andso that law requires that each
eligible child with a disabilityshould receive a free,
(02:50):
appropriate public education.
And so that's where you knowthat special education and IEPs
come in.
So you know what is specialeducation.
You know a lot of the timeswhen I get new parents or I'm
talking, you know, with peopleout in the community, you know
they don't really know.
You know what that is, and soyou know special education
(03:14):
literally just means speciallydesigned instruction to meet the
unique needs of a child with adisability.
So you know alterations in howthey deliver instruction, how
they set up assignments, evenyou know what they're working on
.
It's all.
It's just specially designedinstruction to meet the needs of
(03:38):
that child.
And so related services are anyof those services that are
needed to achieve thatrequirement, that specially
designed instruction.
And so those can look likespeech, language therapy,
occupational therapy.
You know physical therapy,because you know we're thinking.
(03:58):
You know even if the childneeds assistance with.
You know writing and reading.
You know they need to know howto, or they need to be able to,
hold a pencil, so to say, and sothat's where something like
occupational therapy would stepin and help out, you know, with
those skills, and so, takentogether, it's just that, like I
(04:19):
say, that specially designedinstruction to meet those needs
of the child, designedinstruction to meet those needs
of the child, and so, a lot oftimes, parents aren't introduced
to the concept of specialeducation or an IEP on their own
.
A lot of the times parents areintroduced to IEPs through the
receipt of, you know, earlychildhood services or if there
(04:43):
is a recommendation from adoctor or other you know medical
professional.
So say, the child has beennewly diagnosed.
You know, in that diagnosis orevaluation, what have you you
know, there may be arecommendation for, you know, an
IEP that you know requires thatspecialized instruction.
(05:05):
Also, you know, a teacher orother school professional can
recommend an IEP as well.
It doesn't have to necessarilybe a professional from outside
of the school, and so those arethe most common situations we've
had of parents, you know, beingintroduced to that process.
Amber (05:26):
Which makes complete sense.
I know that we had talked alittle bit before about IEP, so
sometimes I know peoplemisunderstand what an IEP is,
but it's actually a document,isn't it?
Kyla (05:39):
Correct.
So it is a legal document thatbasically sets out that outlines
what that specially designedinstruction is going to look
like.
Now, what do I mean?
When I say it's a legaldocument?
I mean that the school districtis legally obligated to provide
those services within the IEPat no cost to the parent.
(06:03):
So it is an actual document.
You know IEP stands forIndividualized Education Plan,
and so you know that's what itis.
It is a document, it's a planthat outlines, like I said,
that's specially designedinstruction.
However, they need it, and soparents should be given copies
(06:25):
of the IEP.
You know I always recommendbringing a copy of one to the
meeting, and if they don't havethat, they should and can
request that from the schooldistrict.
Jaime (06:36):
So you know, I didn't know that it was actually a
document.
So that's kind of cool.
So I guess I guess the basicidea of what an IEP is.
But you know, the whole thingis still kind of confusing and,
I'm sure, pretty confusing to alot of parents and family
members out there.
So if I just have thesedocuments, do I just turn them
into the school or is there atype of specific referral
(06:57):
process or what's the best wayto go about that?
Kyla (07:00):
Right.
So yeah, an IEP just doesn'tmaterialize out of air, right?
This you know it all has to.
We have to get the ball rollingsomehow.
And so you know there is anactual referral process.
You know a legal process toattain an IEP relevant
(07:21):
information on the child.
You know whether that be theparent, a teacher, principal.
You know they can make areferral for the child to
receive special educationservices, and so you know that
(07:42):
referral should go to thespecial education director of
the school, or you know yourprincipal, but someone at admin
level, and I would recommendthat they send that in writing,
just so that you have a copy ofit, you can see who you sent it
to and exactly when.
And so once you submit thatreferral to the appropriate
person, they have the district.
(08:03):
The school district has sevendays to schedule a conference,
and so this is where things kindof get to moving quickly.
And at that referral conference, that is where the school
district has to obtain aparent's consent to evaluate the
child.
That's a really important thing.
You know they have to have yourpermission before they proceed
(08:27):
with this process.
So you know we have to get allour signatures and you know
everything like that.
But you know, once the parenthas given that consent for
testing, the district has 60days to complete that evaluation
, 60 days.
And then within the 30 daysafter the last part's completed
they have to schedule aconference to basically review
(08:49):
that evaluation and, you know,look over the results to
determine if the child needsspecial education services.
So yeah, it's kind of it goesquickly but you know that's to
(09:18):
ensure that there is no delay.
Obviously we're talking abouteducation so any delay could be
the school district in theirdetermination.
Very much encourage parents togive those over at the referral
conference.
Amber (09:31):
Well, it sounds like there's a lot to this process,
but what happens with theinitial evaluation and
assessment?
Is there anything I shouldworry about?
Kyla (09:41):
So the main thing to know about an initial evaluation is
that it's going to becomprehensive.
We're going to be assessing allareas of suspected disability so
that we don't miss anything ofsuspected disability, so that we
don't miss anything.
And so an evaluation they callit a comprehensive
(10:02):
psychoeducational evaluation andthat is, you know, performed by
a licensed medical professional, and they're going to
administer various assessments,such as achievement testing,
which assesses a student'sability in academic areas, just
like math, reading, writtenlanguage, things like that.
They're also going to be testingfor cognitive and intelligence
(10:26):
testing.
We're going to have behavioraltesting and then adaptive
testing, which includes skillssuch as communication, daily
living skills, socialization,motor skills, things like that.
So not only are we testing forto see what the child's academic
needs are, but we're also goingto be looking at those
(10:48):
functional skills as well.
And if the parent or the schooldistrict have a suspicion that
a child needs it, they can alsoadminister assessments for
therapies such as physicaltherapy, occupational therapy,
speech therapy, any of thosetherapies that are needed for
(11:10):
the child to receive a know,their education, that specially
designed instruction.
And so, again, it's meant to becomprehensive, they're meant to
do, I think, the morecomprehensive the better.
Again, we want an entirepicture of the child, so we're
not missing anything, and youknow.
And so we're designing an IEPthat they can actually benefit
(11:33):
from.
Jaime (11:34):
So let's say, like all of this, you know, goes well, goes
, super great.
Does that mean that we're likegood to go?
Does anything else need tohappen?
Do we need to do this again ifwe start, like the next school
year, like what does that looklike?
Kyla (11:46):
Right.
So, basically, at the end ofthe referral process, we're
going to have this meeting it'san evaluation conference to, you
know, review the results, right?
And so the IEP team, which isgoing to consist of a group of
district staff and the parents,this team is going to ask two
(12:07):
questions.
First, we're going to ask, youknow, does the child have a
disability?
Because you know, in order toreceive an IEP, you have to have
a disability.
So that would be the firstquestion.
And then the second question isdoes this child need specially
designed instruction?
Because not every child with adisability is going to need an
(12:28):
IEP.
Just you can't get an IEP justby virtue of the fact you have a
disability.
It's.
Do you have a disability andneed that specially designed
instruction?
And so a lot of parents, youknow, they ask what does that
look like?
Well, it's different for eachchild.
You know there's no like onespecific set of criteria such as
(12:51):
like oh, you have to score this, this, or you know it's not,
it's very individualized.
It's going to be, you know,different for each one.
But you know what they will doat that meeting is they're going
to review the evaluation, youknow, any input or evaluation
documentation given by theparent.
They're going to get input, youknow, from the teacher, and so
(13:14):
it's going to be a thoroughdiscussion.
But at that point if they dodecide that you know the child
needs that, then you know weactually move into forming and
creating the actual IEP document.
Amber (13:30):
Well, I was just wondering does my kid need to be
a part of this meeting?
Kyla (13:34):
They are not required to attend IEP meetings.
You know, when they're youngerthey may not necessarily need to
attend these meetings.
You know, they're kind ofobviously, you know, higher
level, kind of dealing withthings a little more advanced
than you know, like what asecond grader can understand,
(13:55):
and so it's up to the parents,it's up to the team.
But if we have an older student, you know, like maybe say
someone in middle school or highschool, at that point it may be
more beneficial to invite themto, you know, the IEP meetings.
Amber (14:10):
My kid doesn't need to attend the meetings, but should
I bring anyone else to thesemeetings, especially if my kid's
younger?
But just the initial start ofIEP meetings.
Should I be bringing anyoneelse to these meetings?
Kyla (14:23):
Yeah, so the parent can bring any individual that's
knowledgeable about the child'sdisability with them to the IEP
meeting.
So in practice that looks likeyou know a mental health
therapist, maybe the child'sBCBA, the board certified
behavioral analyst, or the RBPregistered behavior technician,
(14:47):
or a PASS coordinator, even youknow anyone who might have
knowledge about the child'sdisability the parent can bring
with them.
They don't have to receivepermission from the school
district to do that.
That is their right.
Jaime (15:01):
Based on these results, you know that this team, you
know, finds and whatever theyend up deciding, the child would
be, I guess, officiallyenrolled or have an IEP.
Kyla (15:12):
Yeah.
So once we reach, you know,that decision that the child
needs that special instruction,the entire team is going to sit
down.
This will be at the samemeeting.
They're going to sit down andactually, you know, make the IEP
.
Each IEP has to have a set ofgoals and those goals have to be
(15:32):
designed to meet the child'seducational needs.
And those educational needs aregoing to be those that were
defined or revealed as part ofthe evaluation process.
And so these goals have to bedesigned to meet the child's
educational needs.
And an important thing forparents to remember is that that
includes academic andfunctional goals.
(15:54):
So behavioral skills, adaptiveliving skills, et cetera,
anything that you know the childor the teen determines the
child needs to, you know,receive that instruction.
So they're actually going tosit down after, you know, at the
same meeting where theydetermine from the evaluations
(16:14):
that they need the instruction,they need an IEP, they're going
to, you know, make the document,establish these goals.
And so then those goals are,you know, implemented in the
classroom.
You know that's what they workon.
You know, for example, I'veseen some like math IEP goals
that say, you know the studentwill work on you know, multiples
(16:39):
of three or something like that, and that will be measured
every nine weeks typically, andthat's how they keep track of
the progress.
Amber (16:51):
What if I'm noticing that my child is struggling?
Can I just go ahead and set upan IEP meeting to have a
conversation?
Kyla (16:59):
Oh yeah, so a parent can request an IEP meeting at any
time.
You know, often we have parentsthat come to us saying you know
, the school told me I only getthree IEP meetings a year.
No, you know, the parent canrequest a meeting at any time.
You know I always say this putyour request in writing, so you
(17:21):
know who you sent it to andexactly when you sent it.
But the parent can request ameeting.
You know you sent it to andexactly when you sent it.
But the parent can request ameeting verbally if they want to
.
There is a 14-day noticerequirement.
We can't just have an IEPmeeting tomorrow.
If we want one, there's a14-day notice requirement.
That's just to allow everyonetime to be able to be there and
(17:44):
stuff.
But the parent can waive thatif they want to.
If there's a need to have anIEP meeting sooner than that,
you know that's totally up tothe parent.
There's also, you know, at IEPmeetings, all required team
members have to be there too,and so we've kind of been
talking about it throughout thisconversation.
But specifically, the IEP teamis made up of the parent, a
(18:09):
regular education teacher, aspecial education teacher, a
representative from the schooldistrict who is, you know,
knowledgeable about services andthe special education provided
by the district.
And then someone who caninterpret the evaluation results
.
And you know, sometimes onestaff member can fill more than
(18:33):
one role.
So if you don't have, you know,exactly five people at every
meeting, just ask the scheduler.
You know who's serving whatrole.
And then also, you know, justas a parent can invite
individuals to IEP meetings, theschool district can do that as
well.
They can choose, you know, toinvite.
(18:53):
You know like a dean of studentservices, or you know dean of
academic services, or you knowthe principal of the alternative
learning environment.
You know, just as the parenthas that right, the school
district has that as well.
So that's just some things toremember when calling IEP
meetings.
Jaime (19:12):
So what happens if my child turns 18 during the school
year?
Does that mean like my rightsas like a parent or a guardian
get transferred to my child?
Do they go completely away?
What does that look like?
Kyla (19:25):
Oh, yes, at the age of 18, the rights of the parent under
the IDEA transfer over to thestudent.
Yes, in short, it does go away,but a lot of the times parents
still stay involved and a lot ofthe times the students want
that.
So just because you know thoserights transfer doesn't mean you
(19:47):
know parents are going to becompletely cut out and barred
from being involved.
That's not typically the case.
And then what about, you know,whenever they turn 16, that's
when the school or the IEP teamhave to start implementing
(20:08):
transition services.
Okay, so what are transitionservices?
They are, specifically they'rea coordinated set of activities
that facilitate the child'stransition from school to
whatever post-school activitiesthey're interested in doing, you
know, college or university orvocational education, integrated
(20:32):
employment, independent living,anything like that.
A coordinated set of activitiesto prepare them from that move
from school to whatever comesnext.
And so, as they are, well,first, you know what are those
activities?
That can include instruction,certain areas.
(20:53):
It can include the receipt ofany related services, like the
ones we've talked about before.
It can be community experiencesI've seen students shadowing a
business owner if they'reinterested in opening or, you
know, doing any sort of businessthings.
And then that also includes theacquisition of any functional
(21:17):
living skills.
So if the child is going to bewith supported or, you know,
independent living, learning howto, you know, live by
themselves, maintain a home,upkeep themselves and et cetera,
but whatever it is, you know wehave to take into account the
child's needs and interests.
We don't get to pick for them.
(21:38):
They get to pick, and you know,I'd encourage, you know, iep
teams and parents to.
You know talk about this withtheir kids, you know, before 16.
I mean you can start havingthese conversations with the IEP
team as early as 14.
But you know we would havegoals and transition services
(22:09):
geared towards going to college,learning to live alone, you
know, learning.
If they struggle with thislearning like timeliness or you
know anything like that it'sthose activities that are going
to set the child up for success.
Amber (22:26):
It's those activities that are going to set the child
up for success.
All of the parts you're talkingabout is while the child is
still in high school, but whathappens when they graduate?
Does this whole IEP team becomeno longer necessary?
If so, then what happens to mychild's services?
What if they don't graduatewhen they're 18?
Can they age out of services?
How does all that part work?
Kyla (22:46):
Yes, a child can age out of services.
So, no matter what, underArkansas law, once the child
reaches the age of 21, theschool district is no longer
obligated to provide specialeducation services obligated to
provide special educationservices.
And then you know, in thesecond instance, the school is
(23:14):
no longer obligated to provideservices if the child receives a
regular education diploma.
Students on IEPs can achieveregular diplomas if they
complete their graduationrequirements set by the state.
You know that's a commonmisconception from parents.
You know, is my child going tobe able to walk?
And yes, that is available forthem.
Another thing, and this isunique for Arkansas, we also
(23:36):
have the Arkansas alternatepathway to graduation for
students with the mostsignificant cognitive
disabilities.
And so, you know, thegraduation requirements for that
look a lot similar to theregular diploma requirements but
just amended as appropriate.
And then you know, students,they can also earn a GED, though
(23:57):
that doesn't necessarily mean aschool district can stop
special education services.
So you know, in the twoinstances where a school
district can absolutely stop iswhen the student ages out or
they graduate with a regulardiploma.
Amber (24:16):
Okay, I was like I feel like this has been some
excellent information.
How about you, Jamie?
Jaime (24:23):
Oh yeah, no, I've definitely learned some stuff,
for sure, that I didn't knowbeforehand.
Amber (24:27):
Right, I've been taking notes this whole time.
Well, thank you, kyla, forbeing on the show here with us
today and sharing all thisinformation Before we go.
Is there anything that you feelthat people should take away,
or something we missed, or justany last notes you have for us?
Kyla (24:45):
I'll just say, you know, stay vigilant.
A lot of this, you know it is alot to absorb.
You know, if your child is veryyoung, you know you're probably
going to be dealing with IEPsfor a while.
So, you know, do your research.
You know, review your IEPs andjust stay on top of it.
And you know that's going to bethe best way to get through
(25:06):
this process.
You're not alone.
If you have any, you knowparent groups in your area
definitely reach out to them.
And if you have any questionsor any concerns, please reach
out to us.
Amber (25:18):
That was wonderful.
That was perfect.
Thank you so much, kyla, forbeing on the show today.
No problem.
Thank you for joining us onIncluding you.
We hope today's conversationhas sparked ideas, offered
guidance or inspired you to takeaction in your own life and
community.
At Disability Rights, webelieve advocacy isn't always
(25:39):
about sweeping reforms.
Sweeping reforms, it's aboutthe small, everyday actions like
asking the right questions,standing up when something feels
wrong or helping to create aspace where everyone feels
included.
If today's episode resonatedwith you, visit us at
(26:02):
disabilityrightsarorg to learnmore about your rights, access
resources and find ways to getinvolved.
But don't forget to follow uson social media for updates,
tips and stories from thedisability community.
If you enjoyed this episode,share it with a friend, leave us
a review or start aconversation, because that's
where change begins.
Remember everyone deserves toknow their rights.
(26:23):
Remember, everyone deserves toknow their rights Everyone,
including you.
Until next time, I'm AmberQuaid and we'll talk with you
again soon.
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