Appendix A

About IEPs and IFSPs


| Contents | Preface | Introduction | Module 1 | Module 2 | Module 3 | Professional Development | Resources | Training Guides |Appendix B | Appendix C | Appendix D |


History of the Legislation

Head Start has been a pioneer in including children with disabilities, reaching and serving them before any federal educational mandates existed. Fortunately, laws and regulations related to the rights and protection of children and adults with disabilities have been enacted over the years. The landmark legislation, Education of the Handicapped Act, Public Law (P.L.) 94-142, was passed by Congress in 1975. This Act entitled all children with disabilities from school age to age 21 to:


Since 1975, there have been several amendments to this landmark legislation. In 1986, it was amended by P.L. 99-457 to encourage states to provide services to children with disabilities, beginning at birth. The Act was again amended in 1990, and the name was changed to the Individuals with Disabilities Education Act (IDEA). The 1997 reauthorization of IDEA, P.L. 105-17, aims to improve educational outcomes for the nation's 5.4 million children with disabilities in a number of ways: by increasing academic expectations and accountability, and integrating the goals and services for children with disabilities into their regular education program.

Children are eligible for special education and related services if they are professionally diagnosed as having a disability according to one or more of s diagnostic categories. Children ages 3 through 9 who need special education and related services due to developmental delays may also be eligible for services through IDEA at the discretion of the state and the local education agency (LEA).


Services For Infants, Toddlers, And Preschoolers With Disabilities

P.L. 99-457, the Education of the Handicapped Act Amendments of 1986, amended the Preschool Program to encourage states to serve children with disabilities from age three, under Part B of IDEA. This program extends Part B rights to children from age three, including the provision of special education and related services, and procedural safeguards. The Individualized Education Program (IEP), a plan developed by a team including the child's parents, specify the special education and related services the child will receive.


*Adapted from the National Information Center for Children and Youth with Disabilities (NICHCY) Fact Sheet: General Information about Disabilities which Qualify Children and Youth for Special Education Services Under IDEA. Washington, DC. May 1996. Other fact sheets are available in English and Spanish from NICHCY, P.O. Box 1492, Washington, DC 20013.


This fact sheet was revised with help from Sharon Walsh, Government Relations consultant for the Division for Early Childhood of the Council for Exceptional Children (CEC).
P.L. 99-457 also established the Part H program for infants and toddlers-renamed Part C in the 1997 reauthorization. This program is directed to the needs of children from birth to their third birthday who need early intervention services because they: 1) are experiencing developmental delays in one or more of the following areas:
cognitive, physical, communication, social and emotional, or adaptive; 2) have a physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome, cerebral palsy, etc.; or 3) at the state's discretion, are "at risk" of experiencing a substantial developmental delay if early intervention is not provided. In addition, the infant's or toddler's family may receive needed services under this program to help them foster the development of their child. Individualized Family Service Plans (IFSPs) specify the services to be made available for eligible children and their families.

While the criteria used to define eligibility under both Part B and Part C of IDEA varies from state to state, all states participate in both programs. Consequently, all eligible children are entitled to receive appropriate services as specified in their IEP or IFSP.


The IEP/IFSP--Document and Process

As required under IDEA, the IEP is the written statement of a child's education program relating to her special needs, developed by the public agency responsible for providing a free and appropriate public education (FAPE). In some cases, the multidisciplinary team may determine that a child between the ages of 3 and 5 meets Head Start disabilities services requirements; the child however, may not meet the eligibility criteria for IDEA as implemented in their state. In these cases, it is Head Start's responsibility to develop and implement the child's IEP while continuing to seek services from the LEA.

The IEP describes a child's present level of functioning, including abilities and disabilities that may affect the child's educational program, a specific diagnosis if one exists, annual goals and objectives, and a description of special education and related services that the child will receive. In addition, the IEP states who is responsible for delivering these services, when, and for how long. It is prepared by a multidisciplinary team that includes the parent(s), who must sign the document before it can take effect. The IEP cannot be changed unless the team re convenes and parents (or legal guardians) sign the IEP to show their agreement.

Developing the IEP/IFSP requires a collaborative effort between family, Head Start, and staff from the responsible public agency, such as an LEA, or an early intervention program. Meaningfully involving everyone early on is essential for successful implementation.

While many people have a role in the IEP/IFSP process, the key decision maker is the family. Parents' perspectives are not merely legitimate; they are critical. Parents know more about their children's capabilities and needs than anyone else. Their participation in all aspects of the education process not only leads to better services and developmental outcomes for their children; it is a legal requirement as well.

Parents have the right to take part in and approve all educational decisions regarding their children. If parents ever disagree with their child's evaluation, identification, or placement, they can take a number of steps, from informal discussions with the team, to mediation, to a more formal procedure called a due process hearing in which they can contest the school's actions. Head Start staff need to educate parents about their rights so that they can be effective advocates for themselves and their children.
Teachers also play a critical role in the IEP/IFSP process, working with parents and specialists, and translating the goals and objectives into practice. Such a task may feel overwhelming for teachers who struggle daily to meet the diverse needs and tap the varying abilities of all children. However, incorporating the IEP/IFSP into classroom practice is not something new, or out of reach for most teachers. Rather, it involves building on what teachers already know, and especially on developmentally appropriate practice at its best.

Finally, besides benefiting children with disabilities, the strategies that teachers and others use as they translate the IEP/IFSP into practice can benefit other children as well. Modeling inclusive behavior teaches children that everyone is important. Children also learn how to respond appropriately to people with varying abilities and to recognize each person's unique contribution.

The Head Start Program Performance Standards describe Head Start's obligations to follow federal laws and to be active partners with LEAs and Part C providers in implementing IDEA. These regulations affirm Head Start's long-standing commitment to include children with disabilities, and represent today's best practices and the philosophy of inclusion.

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