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Individualized Education Program (IEP)

xOnce a child is determined to be eligible for services, an Individualized Education Program (IEP) will be written. State regulations require the IEP to be written based on the child's needs, not based on the child's disability. In other words, systems cannot provide the same services to all children who are determined to be eligible under the category of "specific learning disability". Rather, services must relate to the child's needs -- regardless of the area of eligibility.

The IEP is written by a team, including the parent, and must be updated at least annually. The IEP is supposed to be based on the child's "present level of performance" and include "measurable annual goals". This is a critical component of an IEP -- where is the child now and where are we going to take him.

IEPs which contain statements of present level of performance like "Johnny has difficulty in reading" are meaningless as are annual goals like "Johnny will improve his reading." One of the best resources on IEPs is Barbara Bateman's book, Writing Measurable IEP Goals and Objectives, published by IEP Resources Publications. www.AttainmentCompany.com

Free Appropriate Public Education

One of the most difficult concepts to quantify under IDEA is what is meant by a "free appropriate public education", also known as FAPE! There is very little difficulty with the terms "free" and "public" but there is a great deal of difficulty with the terms "appopriate" and "education". Let's take a quick look at each -- knowing that we are reducing a very complicated topic to a very brief explanation.

An "appropriate" education is one that includes specially designed instruction which is adapted to the needs of the child. These adaptations may include changes in the content, methodology, or delivery of instruction. The program must be designed to confer some educational benefit on the child. The term "some educational benefit" is also problematic. The courts have determined this means more than simply a minimal benefit -- but they have also declared that schools are not required to maximize a child's potential.

The term "education" is also more complicated than it might seem at first glance. For some children an education consists of the regular curriculum in grades Kindergarten through grades 12. For other children, they cannot access the regular curriculum and their education might consist of training in activities of daily living, social skills or other areas designed to prepare them to survive in the world. The curriculum needs to be geared to the child -- not the child geared to the curriculum.

About Susan Shirock DePaola

Susan Shirock DePaola is an attorney in Montgomery, Alabama who served for 10 years as a hearing officer for special education cases. In other words, Ms. DePaola decided special education cases like yours! She began serving as a lawyer representing parents and children in 1999.

She has a doctorate in elementary education and 10 years experience as a teacher and an administrator in public and private schools.

She has been practicing law since 1982 and has served as a consultant with the Southeastern Regional Resource Center, the Mississippi State Department of Education, the Virgin Islands Dept. of Education and she has taught special education law at the University of Alabama.

Her perspective is unique. With legal experience, classroom experience and her experience as a school administrator she can look at all of the facets of a problem.

As a parent of a student with a disability your case will receive close scrutiny and you will not be urged to file for a due process hearing unless Dr. DePaola is convinced that your case has merit. Any other approach simply creates bad feelings between the school system and parents.

The best case scenario is for parents and school system personnel to understand that we are trying to work together even though we may have disagreements at times which require outside resolution. Having a lawyer representing you does not necessarily mean a hostile relationship between the school system and you! Look for a lawyer to assist you who believes that it is a part of his or her responsibility to preserve your good relationship with school personnel.


Click here for Dr. DePaola's resume.

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Susan S. DePaola, Attorney
Montgomery, Alabama
Specializing in Special Education for Children with Disabilities
http://specialeducationattorney.com