by Riley Atwater
IEPs outline the supports necessary for students to progress, but if services are not delivered correctly or consistently, they may be ineffective.
The IEP must be implemented as written, or the district risks denying the student FAPE. 34 CFR 300.323 (c). Districts can protect themselves by clarifying intended implementation roles and documentation. Michelle C. Laubin, attorney at Berchem Moses PC in Milford, Connecticut, explains how to prevent three frequent missteps in special education services.
Misstep 1: IEP does not match team’s intentions
“A common misstep is either a misreading of the IEP or a misrecording of the services that are intended to be implemented through the IEP,” said Laubin. This can happen because the person documenting the services in the IEP is not always responsible for implementing them. If the supports are recorded incorrectly, staff may follow the IEP as written even though it does not match the team’s actual recommendations, she said.
Or, the opposite can happen, Laubin said. “Because everyone heard what the person said at the meeting, they go ahead and implement that, not realizing they are out of step with what is written on the IEP.”
Solution: Review, circulate draft IEP before finalization
To prevent discrepancies, a team member should review recommendations aloud at the end of the meeting so everyone hears them a second time, said Laubin. Then, circulate the draft IEP before it is finalized to make sure all members agree with the recommendations. “If a mistake gets caught somewhere in that review process, [districts] have to double back with the parents to ensure they’ve heard the same thing,” she said.
Misstep 2: Vague language regarding roles
The IEP might list multiple roles responsible for implementation, Laubin said. These may include “teacher/para educator” or “special education teacher/general education teacher.” While this allows for flexibility, the lack of specificity could also lead to misinterpretation, she said.
Laubin warned against making the faulty assumption that services and supports can be implemented solely by the paraeducator or general education teacher, without the child ever seeing the certified special education teacher. The chances of districts making this mistake are increased in the midst of staff shortages, said Laubin. “That interferes potentially with the integrity of the intervention that’s being provided to the child.”
Solution: Clearly define roles, delivery frequency
The IEP should explicitly state the role responsible for delivering a specific support and the frequency with which it will be provided, Laubin said. Distinguish between the number of minutes a certified specialist will spend providing the service and the level of support from paraeducators or assistants. This decreases the chances of misinterpretation and increases trust between school staff and parents, she said.
Misstep 3: Staff lack required training to deliver interventions
“You’re doing yourself a disservice as a school if you’re not specific about how the [support] is to be implemented and ensuring the person delivering it has the required training,” Laubin said. If the IEP inaccurately assumes the staff member is trained in a specific methodology, the intervention may not be delivered with fidelity.
Solution: Identify required staff qualifications
If a support requires specialized training, the IEP should clearly document that expectation, and districts must ensure staff receive the training before implementation, said Laubin. Districts should also provide ongoing in-service training, as preservice training may not always provide enough depth.
Riley Atwater covers special education issues for LRP Publications.
February 27, 2025
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