Navigating both, Individualized Education Program (IEP) meetings and the entire process with the Department of Education (DOE) for parents of twice-exceptional learners, can be challenging and feel daunting. The need to create a program that can provide both the rigor our students need to remain stimulated and challenged while also integrating the appropriate and necessary supports can feel impossible.
At The Lang School, our mission calls on us to partner with the NYC DOE throughout the IEP development and annual review meeting process. Our hope to empower families to navigate this process with ease and confidence. We endeavor to support families as they prepare for these meetings, coordinate classroom teachers/advisors to attend, and to partner with educational attorneys and advocates.
For students who have never had an IEP created before, the DOE will likely first schedule psychoeducational evaluations, along with several other evaluations (OT/PT/Speech, etc.). You will then be invited to the initial IEP meeting, where all DOE evaluations will be reviewed and then a program, goals, etc. will be determined. Annual Review meetings are then held thereafter each year to check-in and update the existing IEP to ensure it’s up to date in meeting a child’s educational needs. Regardless of the type of meeting, Lang staff are prepared to share examples of individualized learning, project-based learning opportunities, and integrated supports tailored for each student. Drawing on the data that we collect as part of our internal workflow, your child’s team at Lang will share streamlined, pertinent information and observations directly from the classroom, in addition to management needs, strategies, and accommodations that support ongoing learning, feedback, and assessment.
Additionally, at Lang, we support families with the Impartial Hearing/Settlement process when/if an IEP program offers a program that is not appropriate to meet a child’s learning needs. The first of the three main prongs of the Impartial Hearing process is proving whether the DOE offered a program that was appropriate. The 3-Prong Burlington/Carter Test is used to determine if a parent is entitled to tuition reimbursement/funding. The district has the burden of proving that it offered the student FAPE (Free and Appropriate Public Education). If it fails to do so, the burden shifts to the parent to prove that their program is appropriate, AND that the equities favor an award of tuition reimbursement/funding. This is why it is critical to have an IEP created in partnership with the DOE and then continuously updated in annual review meetings each year.
We advise families to approach the IEP meeting and the DOE’s district representatives as authentic partners engaged in an important collaborative effort. While the DOE may be focused on what a Free and Appropriate Education (FAPE) for your child might look like in a DOE program, we know that our 2e learners can often need something different. By working with the DOE transparently and sharing what learning for your child looks like at Lang, we are better able to move the DOE to an understanding of the appropriateness of Lang for your child.
Suggested tips:
At the Meeting:
Prepare Required Documents: Before the meeting, you will receive an e-mail from the DOE requesting specific documents (e.g., HIPAA release authorization form, Procedural Safeguards Parents Rights, progress reports, vocational assessment for upper school students, etc.) You may also wish to include recent evaluations (e.g., neuropsychological OT, speech evaluation reports).
Provide Anecdotal Data: Offer specific anecdotes based on your observations at home. Within each domain shared by the school (e.g., reading, writing, math, social-emotional, etc.), you will have an opportunity as a parent/caregiver to share your observations and whether they align with the school’s input.
Actively listen, share your insights, and be receptive to feedback. This can include discussions on adjusting service recommendations to better meet your child's needs. You will have an opportune platform to share your concerns once the recommendations for the program and related services are shared. The DOE should record your concerns so it’s accurately documented in the IEP.
Remember, the DOE will never recommend a specific school placement at the meeting (i.e., The Lang School, or even a specific public school), they are recommending an educational program (e.g., ICT; 12:1, etc.).
It’s important to remember that even if your family has won an impartial hearing for Lang funding, The IEP simply memorializes the program and services the student is entitled to.
Document outcomes: Having a written record of the recommendations for academic placement and related services helps ensure that the agreed-upon plans are documented in the IEP when it arrives.
Following up after the IEP Meeting
After the meeting, review the finalized IEP document carefully once it’s sent. Make sure that it accurately reflects the discussion and agreements from the meeting. Consult with your educational attorney about the next steps if you note any discrepancies. They can guide you on how to proceed.
The DOE may share recommendations for site-visits based on program recommendations. Your educational attorney will advise you on specific steps with how to proceed (e.g., putting all requests in writing v. voicemail), so the paper-trail timeline is easier to document.
Advocating for your child’s needs at, and following IEP meetings, requires preparation, collaboration, and follow-through. By staying informed and actively participating in the process, and collaborating with the IEP team, you can help ensure that your child receives the appropriate program to thrive at school.
Disclaimer: This is general advice about the process. Your educational attorney can and should advise you on any specific steps that relate to your individual child’s case.
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