Step 3: The Individualized Education Program (IEP)

After the evaluations are complete, your CPSE administrator will send you a notice with the time and date for a meeting. You should receive written notice at least five days before the meeting. At the meeting, the team will review your child’s evaluations and decide if your child is eligible for preschool special education services. If your child is eligible, the team will create an Individualized Education Program (IEP). The IEP is a legal document that describes your child’s strengths and needs, states the type of special education services that your child has the right to receive, and sets out goals for the progress that your child will make with those services.

When will the IEP meeting be held?

The IEP meeting must occur within 60 calendar days of the date that you sign the C-1P form consenting to your child’s evaluation. If the meeting has not been scheduled by this time, you should contact your CPSE administrator. If you do not hear back from your CPSE administrator, you should call the CSE chair for your region. If that still does not resolve the problem, you can contact the DOE’s Special Education Hotline at 718-935-2007 or specialeducation@schools.nyc.gov. You can also contact the Early Childhood Direction Center in your borough or Advocates for Children.

Tips for preparing for your child's EIP meeting

Review all of your child’s evaluations, observations, reports, and documents. Consider which parts of the evaluations you think are the most important, which parts you agree with, and which parts do not seem accurate.
Review the eligibility criteria.
Be prepared to discuss your child’s strengths and needs and any concerns you have. Make sure you are able to describe your child’s delays in detail and how they affect his or her academic, social and emotional, and physical development.
Review the available programs and services and think about which ones you want your child to receive.
Gather information from people who interact with your child, such as preschool teachers or doctors, that may be helpful in explaining your child’s needs.
Think about people who should attend the IEP meeting and arrange for them to attend with you or participate by telephone. You should make sure that your child’s preschool teacher is planning to participate.

Who will attend my child’s IEP meeting?

The team at your child’s preschool IEP meeting must include:

You, the parent;
The CPSE administrator, who will lead the meeting;
At least one special education teacher or related service provider (after your child begins receiving preschool special education services, at least one of the special education teachers or service providers who works with your child must participate in your child’s IEP meetings);
At least one general education teacher if general education is being considered for your child (if your child participates in a general education public preschool class, such as Pre-K, EarlyLearn NYC, or Head Start, at least one of your child’s teachers must participate in your child’s IEP meetings);
A representative of the agency that did the evaluations or someone who can interpret the results of evaluations;
Your child’s Early Intervention service coordinator if your child is transitioning from EI (at your request);
An interpreter, if your preferred language is not English.

You can also invite any other people to participate in the IEP meeting in person or by telephone. For example, you can invite a staff member from your child’s preschool, a friend, family member, advocate, Early Intervention service provider, or doctor.

If your child is transitioning from Early Intervention to preschool special education, you should tell your EI service coordinator and CPSE administrator if you would like your child’s EI service coordinator to participate in the IEP meeting. If your preferred language is not English, you may want to make sure that the CPSE administrator knows that you need the CPSE to provide an interpreter for the meeting.

How will the team determine if my child is eligible for services?

At the IEP meeting, the team will review your child’s evaluations. Your child will be eligible for preschool special education services if the evaluations demonstrate that he or she has a developmental delay or disability that impacts his or her ability to learn.

Your child may have a delay in one of the following functional areas of development:

Cognitive: skills related to thinking, learning, and interacting with the environment.
Communication: skills related to speaking, understanding, and using language and gestures.
Physical/Motor: skills related to vision, hearing, and movement, such as crawling, walking, using hands and fingers, and eye-hand coordination.
Social/Emotional: skills related to getting along with others, such as awareness of others, ability to express feelings, and imitating other children.
Adaptive/Self-Help: skills related to independence, such as toileting, eating, and dressing.

Your child will be eligible for preschool special education services if he or she has a developmental delay that affects the child’s ability to learn. The delay must be:

A 12-month delay in one of the functional areas listed above; or
A 33% delay in one functional area or a 25% delay in two functional areas; or
A score of at least 2.0 standard deviations below the mean in one functional area or a score of at least 1.5 standard deviations below the mean in two functional areas (as long as appropriate standardized instruments are used).

Your child will also be eligible for preschool special education services if he or she meets one of the following classifications of disability under the law that affect the child’s educational performance: autism, deafness, deaf-blindness, hearing impairment, orthopedic impairment, other health impairment, traumatic brain injury, or visual impairment.

If your child meets one of these criteria, your child is eligible for preschool special education services. On the IEP, your child’s eligibility classification will be listed as “preschool student with a disability.”

What happens if the IEP team decides that my child is not eligible for preschool special education services?

If the IEP team reviews the evaluations and determines that your child is not eligible for preschool special education services, the CPSE will provide you with information regarding why your child is ineligible.

If you disagree with the CPSE’s decision that your child is not eligible for services, you may request mediation and/or an impartial hearing to resolve the disagreement. You may also request an independent evaluation.

If my child is found eligible for preschool special education services, what does the IEP have to include?

If the team decides at the IEP meeting that your child is eligible for preschool special education services, the team will create an IEP that must include the following:

A description of your child’s current abilities, needs, and evaluation results in the areas of academic achievement, social development, and physical development.
Annual, measurable goals and short-term, measurable objectives or benchmarks that will be used to evaluate your child’s progress.
A description of how and when you will receive reports on your child’s progress.
Information about the preschool special education class, services, and/or supports your child will receive.

What types of programs can my child’s IEP recommend?

A range of special education programs and services are available to eligible preschool children. These services fall along a continuum from less restrictive to more restrictive. Less restrictive programs allow children to receive their services alongside preschoolers who do not have IEPs. More restrictive programs are available to children with more severe disabilities who require more specialized, supportive services alongside other children who also have IEPs. The law requires that children be educated in the least restrictive environment that is appropriate to meet the child’s needs.

Preschool children can receive the following types of programs (listed from less restrictive to more restrictive):

Related Services: Related services include speech therapy, physical therapy (PT), occupational therapy (OT), counseling, vision and hearing education services, orientation and mobility services, school health services, and parent counseling and training. These services are provided by licensed professionals who work with your child either one-on-one or in a small group. The services may be provided at your child’s Pre-K, preschool, or child care center; in your home; or, if appropriate based on your child’s specific needs, at a therapist’s office. At the IEP meeting, the team should decide which related services your child needs, the number of sessions per week, the length of each session, the size of the group, and the location where the service will take place (usually your child’s preschool). Preschool children may receive related services as their only special education program, or they may receive related services in combination with any of the programs below.
Special Education Itinerant Teacher (SEIT): A SEIT is a certified special education teacher who comes to work with your child on academic, emotional, and social skills either one-on-one or in a group. SEIT services may be provided at your child’s Pre-K, preschool, or child care center or in your home. If your child’s IEP provides SEIT services, it will state the number of hours a SEIT will work with your child each week, the size of the group, and the location where the SEIT services will take place. An IEP team may also recommend “indirect SEIT” services, which allow a special education teacher to work with your child’s Pre-K, preschool, or child care teacher to change the learning environment and instructional methods to meet your child’s needs.
Special Class in an Integrated Setting (SCIS): A special class in an integrated setting is a preschool class that includes preschool students who have IEPs and preschool students who do not have IEPs. This classroom must include at least one special education teacher and one paraprofessional, and may have additional staff members. This class can be provided for the full day (five hours) or for half a day. Most of these classes are provided in state-approved private preschools, but some special classes in integrated settings are available in public schools.  Special Class (SC) A special class is a preschool class in which all the students are preschoolers who have IEPs. These classes are often smaller than a typical preschool classroom and have a lower student to teacher ratio. If your child’s IEP recommends a special class, it must state the student to teacher ratio. For example, a 12:1:2 ratio means the class has no more than 12 students, at least one special education teacher, and at least two paraprofessionals. The lower the student to teacher ratio, the more restrictive the class is considered. This class can be provided for the full day (five hours) or for half a day. Most of these classes are provided in state-approved private preschools, but some special classes are available in public schools.
Dual Recommendation: Preschoolers with significant needs may receive a dual recommendation, which means the child is recommended for a special class with related services provided at school, as well as additional services after school, because the child needs these services to make educational progress. For example, the child may be in a 6:1:2 preschool special class and receive 30 minutes of speech therapy twice a week in school, and then also receive 30 minutes of speech therapy and five hours of SEIT services per week after school. The IEP will state the type of services, the number of sessions per week, the length of each session, and the group size of the services both in and out of school.
Residential Placement: A residential placement is a special education program that is provided for a minimum of five hours per day, five days per week by a state-approved preschool special education program at a site where children receive care 24 hours per day. This program is for children whose needs are so intensive that they require 24-hour attention.

What other supports or services can the IEP recommend?

There are a number of other supports and services that the IEP can recommend in combination with any of the programs listed. During the IEP meeting, you should ask for any of these services if you feel they are appropriate for your child:

Paraprofessional: An aide (not a teacher) assigned to work one-on-one or in a small group with a student to meet individual management needs, such as behavior management or health needs.
Assistive Technology: Equipment and services that help your child move or communicate. Examples include a communication device, FM unit, or computer access. Assistive technology services are also available to help your child, your child’s teachers, and you, the parents, learn to use the device. If you think your child needs assistive technology, you can ask your CPSE administrator for an assistive technology evaluation.
Bilingual Services: If your child speaks a language other than English, the IEP team can recommend bilingual services. For example, if your child is recommended for a special class, the IEP can state that your child needs a bilingual class where the teacher will work with your child in your child’s preferred language and in English. Or, if your child is recommended for speech therapy, the IEP can state that your child needs to receive speech therapy from a certified bilingual speech therapist who speaks your child’s preferred language.
Transportation: If your child’s IEP recommends a special class in an integrated setting or a special class, then the CPSE must give your child transportation to get to the preschool class. If your child’s IEP recommends related services, and those services will be provided at a location other than your child’s preschool or home (i.e., at a related services agency), then the CPSE must give your child transportation or must give you a MetroCard or carfare or reimburse you for transportation costs so that you can bring your child to the agency. The IEP should state that transportation will be provided.

Are services available during the summer?

Most preschool students receive the services on their IEPs for 10 months, during the school year (September to June). Children may be eligible for a 12-month program in which their services continue in July and part of August if they have intensive needs and would substantially regress (lose skills they have gained) without summer services. If you think your child needs summer services, you should ask for these services at your child’s IEP meeting. You may want to bring documentation from your child’s teacher, doctor, or evaluator explaining how your child would substantially regress without summer services.

What if I disagree with the services listed on my child’s IEP?

At the IEP meeting, you should explain what programs and services are appropriate for your child and why you feel that your child needs those services to make progress. However, you may disagree with the CPSE administrator or with other members of the IEP team about what services your child needs. For example, you may think your child needs SEIT services to make adequate progress, but the team may not agree to include SEIT services on the IEP. You should explain your disagreement at the meeting. After the meeting, when your CPSE administrator gives you a form listing your child’s services and asking for your permission to start services, you should write a statement on the form explaining your disagreement. You have the right to file for mediation or an impartial hearing to resolve the dispute.

When will my child’s IEP be reviewed?

The CPSE must hold an IEP meeting at least once every year while your child is receiving preschool special education services. Your CPSE administrator should contact you to schedule the annual review meeting. At the meeting, the team will discuss your child’s progress and decide whether your child’s program or services should be changed.

In addition to this annual review meeting, you have the right to request a new IEP meeting at any time. For example, you can ask for a new IEP meeting if you feel that your child is not making adequate progress with his or her current IEP services. You can also request a new evaluation as long as it has been more than one year since your child’s last evaluation. To request a new IEP meeting or a new evaluation, you should submit a letter to your CPSE administrator. You should explain why you feel that your child needs a new evaluation or new IEP meeting. Once the CPSE receives your letter, your administrator should arrange new evaluations and schedule a new IEP meeting to discuss the results and to determine whether the services on your child’s IEP should be changed.

Can the CPSE end the services on my child’s IEP?

The CPSE may determine that your child is no longer eligible for preschool special education services. This is called declassification. Before declassifying your child and ending his or her services, the CPSE must conduct a new evaluation. The CPSE must then hold an IEP meeting and change your child’s IEP to “No Disability.” This decision must be based on a determination that your child has made progress and no longer demonstrates developmental delays that make him or her eligible for preschool special education services. At an IEP meeting, the CPSE can also end a particular service, such as speech therapy, if your child no longer needs that service.

If you disagree with the decision to end your child’s services, you have the right to file for mediation or a hearing.

Information provided by Advocates for Children of New York