iep guide, learning disabilities 2nd (2005)

Nolo’s
IEP
Guide:
Learning Disabilities
by Attorney Lawrence M. Siegel
2nd Edition
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Nolo’s
IEP
Guide:
Learning Disabilities
by Attorney Lawrence M. Siegel
2nd Edition
Second Edition OCTOBER 2005
Editor LISA GUERIN
Illustrations MARI STEIN
Book Design TERRI HEARSH
Cover Design TONI IHARA
Production MARGARET LIVINGSTON
Index MICHAEL FERREIRA
Proofreading ROBERT WELLS
Printing DELTA PRINTING SOLUTIONS, INC.
Siegel, Lawrence M., 1946-
Nolo's IPE Guide : learning disabilities / by Lawrence M. Siegel 2nd ed.
p. cm.
ISBN 1-4133-0422-2 (alk. paper)

1. Individualized education programs Law and legislation United States Popular
works. 2. Learning disabled children Legal status, laws, etc United States Popular
works. I. Title: IPE guide. II. Nolo (Firm) III. Title.
KF4209.3.Z9S573 2005
371.9'0973 dc22
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Copyright © 2003 and 2005 by Lawrence Siegel. ALL RIGHTS RESERVED. PRINTED IN THE USA.
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Dedication
With love to Nancy, my wonderful sister and a heroine (long-standing) in the classroom—
I’m not sure which of these two poses the greatest challenge to you.
Acknowledgments
The author wishes to thank Jim Orrell and John La Londe for providing an example of a
comprehensive IEP document.
Thanks to Margaret Livingston, for her meticulous production and design work, to Toni
Ihara, for a terrific book cover, and to Robert Wells, for his careful proofreading.
Much appreciation to Marcia Stewart for reading the drafts and adding her unique and
strong thoughts to the package.
Thanks to Joe Feldman and the Community Alliance for Special Education of San Fran-
cisco, for their longstanding commitment to providing passionate and highly skilled,
low-cost advocacy to children with learning disabilities.
Thanks to Joan Troppmann, the best RSP in California, for her kind and patient help.
And finally and in particular to Lisa Guerin, for her thorough, patient, highly professional,
and insightful editing of this book.

1

Introduction to Special Education for Children
With Learning Disabilities
A. What Is Special Education? 1/2
B. Special Education and Learning Disabilities 1/5
C. Being Your Child’s Advocate 1/6
D. Using This Book 1/6
E. Icons Used Throughout 1/8
F. Getting Help From Others 1/8
2
Your Child’s Rights Under the IDEA
A. What IDEA Requires 2/2
B. Individualized Education Program 2/13
C. State Special Education Laws 2/17
D. Working With Your School District 2/18
3
What Is a Learning Disability?
A. Legal Definitions 3/2
B. Scientific and Professional Definitions 3/3
C. Does Your Child Have a Learning Disability? 3/6
D. Learning Disabilities and the IEP Process 3/9
4
Getting Started
A. First Steps 4/2
B. Obtain Your Child’s School Records 4/8
C. Start an IEP Binder 4/12
D. Keep Track of Deadlines 4/18
Table of Contents
5
Developing Your Child’s IEP Blueprint
A. Begin at the End: Define Your Child’s Needs 5/3

B. Preparing an IEP Blueprint 5/3
C. Other Sources of Information for the Blueprint 5/10
D. What’s Next? 5/11
6
Evaluations
A. When Evaluations Are Done 6/4
B. The Evaluation Plan 6/5
C. Analyzing the Tests 6/7
D. Approving, Rejecting, or Changing the Evaluation Plan 6/12
E. Reviewing the Report 6/18
F. Reevaluations 6/20
7
Eligibility
A. Eligibility Definitions 7/4
B. Eligibility Standards for Children With Learning Disabilities 7/6
C. Preparing for the IEP Eligibility Meeting 7/9
D. Attending the Eligibility Meeting 7/10
E. Joint IEP Eligibility/Program Meeting 7/12
F. If Your Child Is Not Found Eligible for Special Education 7/12
8
Gathering Information and Evidence
A. Analyze the School District’s Information 8/2
B. Chart Your Child’s Progress 8/5
C. Explore Available School Programs 8/7
D. Find Out About Related Services 8/11
E. Compare Your Blueprint With the Existing Program and Services 8/11
F. Generate Additional Supporting Information 8/14
G. Independent Evaluations 8/15
9
Goals

A. Areas Covered by Goals 9/3
B. Developing Goals 9/3
C. When to Draft Goals 9/5
D. Writing Effective Goals 9/5
10
Preparing for the IEP Meeting
A. Schedule the IEP Meeting 10/2
B. The IEP Meeting Agenda 10/4
C. Organize Your Materials 10/4
D. Draft Your Child’s IEP Program 10/8
E. Establish Who Will Attend the IEP Meeting 10/10
F. Final Preparation Concerns 10/18
11
The IEP Meeting
A. Getting Started 11/3
B. Simple Rules for a Successful IEP Meeting 11/4
C. Become Familiar With Your School’s IEP Form 11/9
D. Writing the IEP Plan 11/10
E. Sign the IEP Document 11/16
F. Parent Addendum Page 11/18
12
Resolving IEP Disputes Through Due Process
A. Before Due Process: Informal Negotiations 12/4
B. Typical Due Process Disputes 12/8
C. When to Pursue Due Process 12/8
D. Your Child’s Status During Due Process 12/10
E. Using a Lawyer During Due Process 12/10
F. How to Begin Due Process 12/13
G. Prepare for Due Process 12/15
H. Mediation Specifics 12/16

I. Due Process Hearing 12/21
J. Hearing Decision and Appeals 12/32
13
Filing a Complaint
A. When to File a Complaint 13/2
B. Where to File a Complaint 13/3
C. What to Include in a Complaint 13/4
D. What Happens When You File a Complaint 13/5
14
Lawyers and Legal Research
A. How a Lawyer Can Help 14/2
B. Do You Need an Attorney? 14/2
C. Finding an Attorney 14/3
D. How Attorneys Are Paid 14/8
E. Resolving Problems With a Lawyer 14/11
F. Doing Your Own Legal Research 14/11
G. Online Legal Research 14/16
15
Parent Organizations
A. Join a Parent Organization 15/2
B. Form a Parent Organization 15/3
Appendixes
1
Special Education Law and Regulations
Individuals With Disabilities Education Act (Key Sections A1/2
IDEA Regulations A1/25
Section 504 of the Rehabilitation Act of 1973 (Key Regulations) A1/25
2
Federal and State Departments of Education
Federal Department of Education Offices A2/2

State Department of Education Offices A2/4
3
Support Groups, Advocacy Organizations, and Other Resources
General Resources on Special Education A3/2
Parent Training and Information (PTI) Centers A3/4
Legal Resources on Special Education A3/11
Resources on Learning Disabilities and ADD/ADHD A3/12
Bibliography A3/16
4
The Severe Discrepancy Model
5
Sample IEP Form
6
Tear-Out Forms
Request for Information on Special Education
Request to Begin Special Education Process and Evaluation
Request for Child’s School File
Request to Amend Child’s School File
Special Education Contacts
IEP Journal
Monthly IEP Calendar
IEP Blueprint
Letter Requesting Evaluation Report
Request for Joint IEP Eligibility/Program Meeting
Progress Chart
Program Visitation Request Letter
Class Visitation Checklist
Goals Chart
IEP Material Organizer Form
IEP Meeting Participants

IEP Meeting Attendance Objection Letter
IEP Preparation Checklist
Letter Confirming Informal Negotiation
Letter Requesting Due Process
Index

1
A. What Is Special Education? 1/2
B. Special Education and Learning Disabilities 1/5
C. Being Your Child’s Advocate 1/6
D. Using This Book 1/6
E. Icons Used Throughout 1/8
F. Getting Help From Others 1/8
Introduction to Special Education
for Children With
Learning Disabilities
1/2 NOLO’S IEP GUIDE: LEARNING DISABILITIES
How do you fix these auditory memory and pro-
cessing problems?”
The pain of this father and son is shared by
the more than two million children (and their
parents) in this country who are dealing with
learning disabilities. Late nights, bad report cards,
tears, yelling, frustration—this wasn’t what we
thought school would be like for our kids.
The fundamental purpose of this book is to
help these children and their parents or guard-
ians through the maze that is special education—
including the special twists and turns that apply
to kids with learning disabilities.

A. What Is Special Education?
“Special education” is the broad term used to
describe the educational system available for chil-
dren with disabilities. A learning disability is a
specific disability category covered by special
education law and addressed by special educa-
tion programs.
As discussed in greater detail later in this
book, learning disabilities can range from minor
differences in learning style to serious difficulties
processing information. A lot of people, many of
them highly intelligent, have learning disabilities.
There is no relationship between native intelli-
gence and the existence of a learning disability.
Your goal as you wind your way through the
special education system is to make it easier for
your child to achieve academically, despite his or
her learning disability.
There are three fundamental questions to
consider as you begin the special education pro-
cess:
• Where is your child now? How is your
child doing at school and at home?
• Where do you want your child to be? What
are your specific goals—for example, do
you want your child to read more fluently,
to write legibly, or to do schoolwork more
efficiently?
• What does your child need to reach these
goals?

T
he call I received, from the father of a
child with a “learning disability,” was not
unusual. He was confused, overwhelmed,
and angry.
“My 12-year-old has always done pretty good
at school, is great at sports, and has friends, but
the last year or so has been a mess. He’s stopped
doing his homework and his grades have gone
south. He used to be a really outgoing kid, but
now he’s often quiet and moody. His teacher
thinks he’s depressed.”
The pain and frustration in this father’s voice
weren’t new to me. I’ve heard this profile from
many parents, all of them concerned about their
child and unsure what to do next.
“The teacher thinks my son has a learning dis-
ability. She said something about auditory
memory and a processing problem. He has al-
ways been very meticulous, but now that he is in
junior high, his homework seems to take all night
and then he’s even further behind. It sure seemed
easier when I was in school, when there wasn’t
so much homework and kids didn’t have to take
so many standardized tests.”
Homework and the quantification of American
education. My opinions about how education has
lost sight of its real purpose in the mad rush to
show progress through numbers, the frustrations I
have shared with my wife too many times, were

ready for delivery, but that wasn’t going to help
this parent or his child.
“I don’t know what to do. I don’t know how
to help him—and he won’t listen to me, anyway.
He was suspended last month for fighting and he
no longer qualifies for the football team. We’re no
longer thinking of a good college for him—we
just want him to make it through high school.”
“Is your son in special education?”
“No, but you know, I’d be happy to pay your
legal fees just to help with tonight’s algebra. This
learning disability stuff is so vague, its like a jelly-
fish. It isn’t like a broken arm—we can’t take my
son to the doctor, get a cast put on him, and
know that he’ll be fine in a couple of months.
INTRODUCTION TO SPECIAL EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES 1/3
The federal law governing the special educa-
tion system is the Individuals With Disabilities
Education Act or IDEA. This law creates a formal
process for evaluating children with disabilities
(including learning disabilities) and providing
specialized programs and services to help them
succeed in school.
Warning: Special Education Rules Are in Flux
Congress has reviewed and changed IDEA several
times since the law was enacted in 1975 as the
Education for All Handicapped Children Act. In
2004, Congress changed the rules again when it
passed the Individuals with Disabilities Education
Improvement Act, which made important modifi-

cations to IDEA. These changes became effective
on July 1, 2005; you can find the text of key pro-
visions of the new statute in Appendix 1. While
most special education rights and procedures re-
main the same under this new law, there have
also been numerous and significant changes, all
discussed fully in this book.
The Department of Education—the federal
agency responsible for administering and enforc-
ing the law—has not yet issued final new regula-
tions interpreting the statute as this book goes to
press. The role of regulations is to clarify the law,
often supplying additional definitions, details, and
rules intended to flesh out the language of the
statute passed by Congress. Although regulations
interpreting the old law are still valid and in ef-
fect, some of these regulations will change to ad-
dress issues raised by the 2004 amendments to
IDEA.
The Department of Education issued proposed
new regulations on June 10, 2005. Proposed regu-
lations don’t have the force of law. Instead, they
are like a first draft—agencies issue them, then ask
for public comments on the proposal. Once the
time period for comments ends, the department
decides whether to make changes before issuing
a final version (currently, the department antici-
pates issuing new regulations by the end of
2005). Many of the proposed new regulations
simply restate the former regulations, although

some of the citation numbers have changed. The
proposed regulations also include new material
on the 2004 changes to IDEA.
This book continues to refer to the existing
regulations where necessary to explain how the
law is currently interpreted; unless otherwise
noted, these regulations are not expected to
change in content (although the citation numbers
will change). In areas where the proposed regula-
tions break new legal ground, the book describes
them as well. Remember, however, that both the
existing and proposed regulations will be re-
placed by the final regulations adopted by the
Department of Education. Because regulations
often add requirements and rules that go well
beyond the scope of the actual law,
it is very
important to make sure that you have the latest
regulations.
To read the proposed regulations and find out
whether final regulations have been issued, go to
the website of the department’s Office of Special
Education and Rehabilitative Services, www.ed
.gov/osers. You can also contact your state’s
department of education (see Appendix 2 for
contact information) or your school district for
updates about the regulations.
1/4 NOLO’S IEP GUIDE: LEARNING DISABILITIES
IDEA entitles children with learning disabilities
to an “appropriate” education that meets their

unique needs. You’ll have a better sense of what
constitutes an appropriate education as you read
this book. Broadly speaking, an appropriate edu-
cation includes all of the following:
• The specific program or class (called
“placement”) for your child. Placement is
more than just a particular classroom; it can
also include characteristics such as location,
class size, teacher experience, and peer
makeup. For example, a child with Atten-
tion Deficit Disorder (ADD) might be
placed in a regular classroom with a teacher
who has experience working with kids who
have ADD.
• The specific support help (called “related
services”) your child needs, including who
will provide it and how often. For example,
a child who reads well below grade level
might work with a reading specialist for
one hour each day.
• Other educational components, such as cur-
ricula and teaching methods. These can be
particularly important for students with
learning disabilities. For example, a child
with dysgraphia (handwriting problems)
might be allowed to answer test questions
orally, rather than in writing.
But how do you figure out what constitutes an
appropriate education for your child? Special edu-
cation law provides a process for evaluating your

child and developing his or her academic plan
through an “individualized education program,”
or IEP. You’ll find this term used frequently
throughout this book and by your school district,
your child’s teachers, and others familiar with
special education. The acronym IEP refers to sev-
eral related things:
• the meeting where the school district
determines whether or not your child is eli-
gible for special education (referred to in
this book as the IEP eligibility meeting)
• the annual meeting where you and school
representatives develop your child’s
educational plan for the coming school year
(the IEP program meeting), and
• the detailed written description of your
child’s educational program, including spe-
cific ways in which your child’s learning
disabilities will be addressed through pro-
grams, teaching strategies, and support ser-
vices.
“Learning Disability” Is a Loaded Term
Webster’s New World Dictionary defines
disability as an illness, injury, or physical
handicap that “restricts” or causes “limitations”
and “disadvantages.” Advocates in the field of
special education and disability rights under-
standably object to the term “disabled,” prefer-
ring the term “child with disabilities”—this is
the term used throughout this book.

More important, all human beings come
into this world with a variety of qualities and
characteristics, strengths and weaknesses. Hav-
ing special education needs does not mean that
your child should be treated as “different” or
denied the care and respect that all children
deserve. Because human beings are complex,
determining who is “able” and who is “dis-
abled” is an effort in futility. Albert Einstein and
Winston Churchill both had learning disabili-
ties, but Dr. Einstein certainly had a way with
the universe and, besides being a pretty good
Prime Minister, Mr. Churchill was a fairly effec-
tive painter.
It is not a cliché to say that we all have
some kind of disability, even as we realize that
the difference in degree between one disability
and another can be significant and life-altering.
Terms that define should not be terms that
judge.
Special education laws give children with
disabilities and their parents important rights not
INTRODUCTION TO SPECIAL EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES 1/5
available to children and their parents in regular
education. These include the right to:
• have the child evaluated
• attend an IEP meeting
• develop a written IEP plan, and
• resolve disputes with the school district
through an impartial administrative and

legal process.
While children’s special education needs may
vary—for example, one child with a learning dis-
ability may need placement in a private school
while another needs a one-to-one aide for full-
time participation in a regular class (called
mainstreaming)—all parents should master the
IEP process to help secure an appropriate and
individualized education for their children. Even
though the rules governing the IEP process are
the same for each parent and child, your child’s
particular IEP will be entirely individual. The pro-
gram you and the school district develop must fit
your child, not the other way around. What works
for other students is irrelevant if it won’t work for
your child. What may be appropriate for a child
with hearing loss, autism, or emotional difficulties
may not be appropriate for your child and his
learning needs. IDEA does not tell you or the
school district specifically how your child will be
educated. Rather, IDEA provides rules to govern
the process, so the IEP team can decide what is
appropriate for your child. IDEA provides the out-
line; the IEP team—you and the school—fill in
the details.
B. Special Education and Learning
Disabilities
A child with a learning disability has different
educational needs than a child with mobility
problems or emotional difficulties. And different

learning disabilities require different educational
strategies—a child who has reading difficulties,
for example, will need different types of assis-
tance from a child who has trouble with auditory
processing.
Within the world of special education, there
are specific laws, rules, and requirements that ap-
ply to learning disabilities. A child with a particu-
lar learning disability may require specialized
classroom techniques, strategies, and methodolo-
gies—for example, a child with ADD may need
extra help when classroom activities generate lots
of activity or noise, or a child with memory prob-
lems may benefit from using mnemonics to re-
member important facts. Later chapters explain
what constitutes a learning disability, how it dif-
fers from other types of disabilities recognized by
IDEA, and how a child becomes eligible for spe-
cial education based on a learning disability. As
you go through the special education process
with your child, you will no doubt hear a variety
of terms, such as Attention Deficit Hyperactivity
Disorder (ADHD); auditory, short-, and long-term
memory problems; processing, spelling, reading,
and math difficulties; and multisensory develop-
ment. As is often the case, these words may
sound intimidating and/or vague. If there had
been IEPs in the 1950s, I’m fairly sure I would
have qualified as an ADD student, but I’d prefer a
term that conveys this a bit differently. I’m rest-

less, my mind often deals with a dozen things at
once and sometimes just plain wanders. I like the
term “can’t-sit-still-ism,” but that is not quite pre-
cise enough (and anyway, it is long past the time
when I would qualify for an IEP).
Regardless of whether we like these terms,
they are part of the learning disability world—and
you’ll need to master them to become the best
possible advocate for your child. As you go
through this book, you will learn about broad
special education rules and processes as well as
specific items that relate to learning disabilities.
You’ll need both types of information to success-
fully navigate the IEP process. Don’t worry about
memorizing any of these terms; you’ll become fa-
miliar and even comfortable with them as you
move forward.
1/6 NOLO’S IEP GUIDE: LEARNING DISABILITIES
New Rules for Reading Difficulties
IDEA recognizes that problems with “basic
reading skill” or “reading comprehension” may
indicate that a child has a learning disability
and is eligible for special education programs
and services. However, as amended in 2004,
the law also states that a child will not be eli-
gible if the “determinant factor” in the child’s
reading problems is a “lack of appropriate in-
struction in reading, including the essential
components of reading instruction.” (20 U.S.C.
§ 1414(b)(5).)

Clearly, the way these terms are defined by
schools, courts, and government agencies will
have a major impact on the eligibility of kids
with reading difficulties. Stay in touch with
your local school district, state department of
education, and advocacy groups to see how
this new language affects the way schools ana-
lyze reading problems in their eligibility pro-
cess. (Eligibility rules and procedures are cov-
ered in detail in Chapter 7.)
C. Being Your Child’s Advocate
It isn’t hard for most parents to advocate for their
children—of course, all of us want the best for
our kids. Still, becoming a successful advocate in
the world of special education presents some
challenges. The IEP process often seems like a
maze—it can involve lots of technical information,
intimidating professionals, and confusing choices.
For some families, it goes smoothly, with no dis-
agreements; for others, it is a terrible encounter in
which you and your school district cannot even
agree on the time of day. Families of a child with
learning disabilities may have to argue with
school officials over whether the child’s problems
amount to a disability; whether, for example, a
child’s inability to “stay focused” or “listen to in-
structions” is serious “enough.” Your child may be
painted as lazy, disruptive, or hard to control,
rather than as a child with a learning problem.
One teacher may think your child is a slacker,

while another may be a saint who stays late and
comes in early to give your child extra help.
Don’t fall into the trap of thinking that teach-
ers, school administrators, and experts know ev-
erything and that you know nothing. Respect their
knowledge, experience, and opinions, but don’t
devalue your own. Right now, you may not have
all the information you need and you may not
know where to look for it. But the law states that
you and your school district are equal decision
makers and that the school district must provide
you with a good deal of information along the
way.
You do not need to be a special education ex-
pert or a lawyer to be an effective advocate for
your child. The general strategies for helping a
child in the IEP process are not complex. The
cliché that knowledge is power is absolutely true
in the world of special education.
D. Using This Book
The purpose of this book is to help parents
effectively proceed on their own through the IEP
process, whether it’s their first or fifth time
through the maze.
This book will help you:
• understand special education law
• understand eligibility rules and the role of
evaluations in determining whether your
child qualifies for special education because
of a learning disability

• gather current information and develop
new material about your child—in other
words, become an expert on how your
child is affected by his or her learning dis-
ability
INTRODUCTION TO SPECIAL EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES 1/7
• develop a far-reaching blueprint describing
what would constitute the best possible
program for your child
• determine your child’s specific goals and
educational needs
• gather current information and develop
new material about various school pro-
grams, teaching strategies that work for
children with learning disabilities, and op-
tions outside the school district
• prepare for the IEP meeting
• attend the IEP meeting and develop your
child’s IEP plan, and
• resolve disputes with the school district on
your own or with the help of a lawyer.
Mastering these tasks will require you to be
generally organized (but not fanatically so) and
willing to ask questions and make use of re-
sources that are widely available. The suggestions
and forms in this book will help you stay on track
throughout the IEP process.
Detailed appendixes provide invaluable
information, including:
• copies of key federal special education laws

• addresses and websites of federal and state
special education agencies
• addresses and websites of national and
state advocacy, parent, and disability orga-
nizations, including those that provide spe-
cific help and information for parents of
children with learning disabilities
• a bibliography of other helpful books, and
• two dozen tear-out forms, letters, and
checklists to help you through every stage
of the IEP process.
Using the Web and Other Resources
Throughout this book, I’ll refer you to the Web
for information about learning disabilities, sup-
port organizations, governmental agencies, and
other resources that can provide you with valu-
able help as you try to learn more about your
child’s educational needs. If you don’t have
access to the Web, you should ask your school
district administrator and the reference librarian
at your local library for written materials on
learning disabilities. Other good sources of in-
formation include your state department of edu-
cation and national organizations on learning
disabilities, listed in Appendixes 2 and 3.
Some of the material will be very familiar to
parents who have been through many IEPs—you
may already know the cast of characters and the
basic legal requirements all too well. Still, you
should review each chapter, even the ones that

cover familiar territory. You may find fresh in-
sights or new angles on old problems, and you
will learn how new rules that went into effect in
July 2005 have changed the special education
landscape. Of course, you can skip material
clearly not relevant—for example, if your child is
already in special education, you don’t need to
prepare for an eligibility meeting.
If you are new to special education, very little
in this book will be familiar to you. You might
want to start by taking a quick look at the chapter
titles and table of contents to become familiar
with key ideas and how they relate to each other
before you start reading.
The special education process has a discern-
ible beginning and end. In general, it covers a
year. There are similarities and differences
between the first IEP year and subsequent years.
For example, each year you will gather informa-
tion and prepare for the yearly IEP meeting. But
the first year always includes evaluating your
child’s eligibility for special education. In subse-
1/8 NOLO’S IEP GUIDE: LEARNING DISABILITIES
quent years, your child may or may not be evalu-
ated. Eligibility is not generally addressed after
the first year, unless you or the school district
feels a change is justified—for example, if your
child no longer needs special education or may
qualify under a different eligibility category.
What This Book Doesn’t Cover

IDEA provides rights and procedures for chil-
dren between the ages of three and 22. There is
another procedure for children under three, but
it isn’t covered in this book. In addition, certain
IDEA issues that involve very complex and
detailed procedures—such as transition services
to help children over the age of 14 prepare for
a job or college and develop independent liv-
ing skills—are only briefly discussed in this
book.
Children who are not found eligible for spe-
cial education under IDEA may still qualify for
help under another federal law, Section 504 of
the Rehabilitation Act. (Section 504 is briefly
discussed in Chapter 7.) Many of the tips and
strategies in this book will help you come up
with an effective plan, even if your child isn’t
eligible for an IEP. Because this book focuses
on the IEP process, it doesn’t cover Section 504
in detail.
E. Icons Used Throughout
The icons listed below appear throughout this
book and are intended to help you more easily
use the book.
Books or organizations that give more
information about the issue or topic
discussed in the text.
Related topics covered in this book.
Slow down and consider potential
problems.

You may be able to skip some material
that doesn’t apply to your situation.
A practical tip or good idea.
A tear-out copy of the form discussed in
the text is in Appendix 6.
F. Getting Help From Others
Other parents, local groups, and regional or na-
tional organizations can be a great help as you
wend your way through special education. This is
especially true when it comes to learning disabili-
ties. The amount of information these folks have
can be amazing. Other parents and parent groups
can be your best resource—and certainly a source
of support to help you through hard times and
help you avoid mistakes or unnecessary tasks
Most important, they can be a source of real en-
couragement. Chapter 15 provides further
thoughts on making use of your local special
education community.
Note: Reference is made throughout this book
to parents, but I intend that term to include foster
parents and legal guardians. ■
2
Your Child’s Rights
Under the IDEA
A. What IDEA Requires 2/2
1. Eligibility and Evaluations 2/2
2. Educational Entitlement 2/3
3. Educational Placement 2/4
4. Support or Related Services 2/6

5. Assistive Technology 2/8
6. Transition Services 2/8
7. Due Process 2/9
8. Suspension and Expulsion 2/9
9. Additional IDEA Rights 2/12
B. Individualized Education Program 2/13
1. Current Educational Status 2/15
2. Measurable Annual Goals 2/15
3. Instructional Setting or Placement 2/15
4. Related Services 2/16
5. Other Required IEP Components 2/16
6. Optional Components 2/17
C. State Special Education Laws 2/17
D. Working With Your School District 2/18
1. Key Players in the IEP Process 2/18
2. The Realities of Schools and Special Education 2/19
2/2 NOLO’S IEP GUIDE: LEARNING DISABILITIES
A
s mentioned in Chapter 1, a federal law,
the Individuals With Disabilities Education
Act (IDEA) furnishes a formal process for
evaluating children with disabilities and providing
specialized programs and services to help them
succeed in school. Special education is unique
because of the central role parents play in deter-
mining their child’s educational program. Under
IDEA, the program and services your child needs
will be determined through the individualized
education program, or IEP, process. The term IEP
is used to refer to a meeting about and a written

description of your child’s program. Your ability
to understand and master the IEP process is cen-
tral to your child’s educational experience. In-
deed, the IEP is the centerpiece of IDEA.
Although parts of IDEA refer specifically to
learning disabilities, most of the law establishes
general rules that apply to all children with dis-
abilities. This chapter provides an overview of your
child’s legal rights in the special education process.
Later chapters discuss each step in the IEP process
in more detail—this chapter introduces the key
concepts you’ll need to know so you can under-
stand how the whole system works.
IDEA regulations are changing. The
regulatory citations throughout this book
are to the current IDEA regulations—those that
will be in effect until the Department of Educa-
tion issues final regulations interpreting the 2004
amendments to IDEA. The department expects to
release these final regulations at the end of 2005;
many of them will be identical or similar to the
existing regulations cited in this chapter (although
the citations will be different), while others will
be new. When you use this book, you should
make sure that you have the most current version
of the regulations. See “Warning: Special Educa-
tion Rules Are in Flux,” in Chapter 1, for informa-
tion that will help you stay up to date. You can
find the most recent version of IDEA, including
the 2004 amendments, starting at 20 U.S.C. § 1400;

the most pertinent sections are included in Ap-
pendix 1.
Don’t let the word “law” throw you: The actual
language of the IDEA—and more important, its
underlying purpose—can easily be mastered. The
legal concepts in IDEA are logical and sensible.
The IEP is a process and a document. The
Individualized Education Program or IEP is
the centerpiece of the special education process.
IEP refers to two related things: It’s a meeting at
which you and the school district will develop
your child’s individual program for special educa-
tion, and a written document that provides the
details of your child’s program. See Section B, be-
low, for more information about the IEP.
A. What IDEA Requires
The purpose of IDEA is to ensure that children
with disabilities receive an appropriate education.
To achieve this goal, IDEA imposes a number of
legal requirements on school districts.
1. Eligibility and Evaluations
Every school district has the legal duty to identify,
locate, and evaluate children who may be in need of
special education. This duty extends to wards of the
court and children who have no fixed address (such
as migrant or homeless children). (20 U.S.C.
§ 1412(a)(3).) It also includes children who may be
advancing from one grade to the next but nonethe-
less need special education. Once a child is identified
as possibly needing help, the school district must

evaluate the child’s eligiblity for special education.
The school must provide special education programs
and services only if a child is found eligible.
IDEA has 13 distinct disability categories, each
with its own set of detailed requirements. You
can find the rules for the learning disability cat-
egory at 34 C.F.R. § 300.541 of the current IDEA
regulations. These rules are covered in detail in
Chapter 7.