Video Summary: When and how is an IEP put in place?

This video goes over the process of putting an Individualized Education Program (IEP) into place. The starting date of an IEP depends on the details of your child’s previous IEP, if they had one. If your child had an IEP at the beginning of the previous school year, then the IEP should begin at the beginning of the current school year. But what if this is your child’s first IEP after their evaluation? What if your child transfers school district between years? How is the IEP carried out? How do teachers access information about the IEP? How do all the members of the IEP team stay coordinated? We will answer all of these questions in this section.

When and How should the IEP be put into place?

If an IEP was in place for your child the previous schoolyear, then the current IEP should begin at the beginning of the current schoolyear. One of the most important things Congress wanted to ensure in creating the IEP process was that the IEP started at the beginning of the schoolyear, so the child could get off to the best start in school possible. 

If your child needed a new IEP, then a meeting must be held within 30 days of the Multidisciplinary Evaluation Team (MDT) evaluation finds your child eligible for special education services, and the new IEP should be put in place as soon as possible following the meeting. The term “as soon as possible” is a little vague, but generally, it should not be more than a couple of weeks. If, after a couple of weeks, you haven’t received word and the IEP hasn’t been put into place, let the school know.

If your child has an IEP, but transfers schools within the state, a few things must happen. First, the services provided by the IEP of the previous school must be provided by the IEP in the new school. The transition in this case should be as smooth as possible. Second, the new school must choose to either adopt the IEP from the previous school as-is, or develop a new IEP within 30 days of the transfer.

If your child transfers from a school outside the state, the new school must still provide the services of the old IEP, but they must also conduct an evaluation of the child (if appropriate, they can use the evaluation of the previous school), or develop a new IEP after their evaluation has been completed. Either one of these choices must happen within 30 days of the transfer.

Regardless of why the school must create a new IEP, they must ensure that the teachers and service-providers involved in carrying out the IEP have access to the IEP, are informed of their specific responsibilities within the IEP, as well as the accommodations, classroom modifications, and supports in the new IEP. If teachers and service providers don’t know the details of the IEP or their roles, then the IEP may not get carried out effectively.

If you have any questions regarding the legal documentation for this section of the IEP process, or would simply like to look up said documentation, please see the following section codes for viewing them.

34 CFR sec 300.323 (Federal Code), 92 NAC 51-007.09 (State Code)

Legal Aid of Nebraska