What is an IEP?
To get funding for your child's treatment, you will need to develop an Individualized Education Plan (or IEP).
Federal law requires all schools to develop an IEP for every student with a disability. The IEP must be designed to provide the child with a Free Appropriate Public Education (FAPE).
The IEP refers both to the educational program to be provided to a child with a disability and to the written document that describes that educational program.
Our strongest piece of advice?
Get the IEP process started early.
Who pays for an IEP?
The school district.
Why get the IEP process started early?
In general, schools will only reimburse families for education costs associated with residential treatment, not living expenses. And they will not pay anything until the parent has begun the IEP process with the local school. In other words, they will not pay in arrears.
This is why it is very important to go to the school early. If the decision has been made to send the child away, you stand to have more of your costs covered.
Schools try to help troubled children in the most cost-effective way possible. That means initially attempting to provide extra services, while keeping the child in the school setting. If the school itself is not a viable alternative, the school will look for some other way of helping the child in the community.
Families who have made the painful decision to send a child away to treatment have already determined that there is a benefit to removing the child from his or her home community. Indeed, separating the child from external influences, be they friends or family or the general environment, can be crucial to that child’s successful treatment. However, a parent must often convince a school to acknowledge that reality.
This is all by way of saying that when a parent approaches a school for help in paying for the education portion of the child’s treatment, there may be some push back. Therefore, it is important that you approach the school prepared to handle issues which they may raise.
What conditions are considered disabilities?
Students who have emotional and behavioral disturbances exhibit significant behavioral excesses or deficits. These terms refer to patterns of behavior that depart significantly from the expectations of others. In recent years, "behavioral disorders" has gained favor over "emotional disturbance" as a more accurate label leading to more objective decision-making and fewer negative connotations.
IDEA defines serious emotional disturbance (SED) as "a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance: An inability to learn which cannot be explained by intellectual, sensory, or health factors. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. Inappropriate types of behavior or feelings under normal circumstances. A general pervasive mood of unhappiness or depression. A tendency to develop physical symptoms or fears associated with personal or school problems."
The federal definition includes children who are diagnosed as schizophrenic, but excludes socially maladjusted children "unless it is determined that they are seriously emotionally disturbed."
What could make us ineligible?
Certain behavioral issues may render a child ineligible for support from the school district for residential placement. For example, if the main manifestation of the child’s problem is in the form of substance abuse, that could prove a non-starter. However, most children with serious drinking or drug problems have other emotional issues that they are “self-medicating” through the substance abuse. The substance abuse may just be a symptom of a larger program. So, in communicating with the school authorities, it may not be helpful to focus on the behavioral symptoms of your child’s distress, but on the underlying issues.
In the state of California funds are made available through AB 3632. Troubled teens who get coverage under this act usually display symptoms of Severe Emotional Disturbance.
What factors are considered when developing an IEP for a child?
The educational team must consider specific factors when developing the child's IEP, including behavioral issues and communication needs. The IEP should specify the special education and appropriate behavior interventions and strategies for the child. It should also determine which supplementary aids and services might be needed for the child.
Who is included on the IEP team?
The child's teacher; a general education teacher; the child's parents (subject to certain limited exceptions); the child (if appropriate); a local agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the discretion of either the parents or the agency.
What if I disagree with the IEP?
The IDEA requires states to provide and pay for a voluntary mediation system for parents and schools. This mediation system includes a qualified and impartial mediator. This measure is directed at reducing litigation costs, and the adversarial posturing that sometimes occurs between school and parents of students with disabilities.
In addition, the parents can request a due process hearing and a review from the state educational agency, if applicable. A decision of the state educational agency can be appealed in either state or federal court.
Each state has different timelines requirements for the IEP. For more information, go to this brochure from the Council of Parent Attorneys and Advocates.
Resources
Here are sample IEPs, compiled by the New York City Department of Education.
Here is an informative article about the contents of an IEP.
Next: Mental Health Resources from the Government
What is your experience with the IEP process? Let us know in the Comments section below. Or join the discussion in our Community Forum.
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