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The Significance of Goals in Your Child's IEP

By Hillary D. Freeman, Esq.

According to the IDEIA, students are entitled to a free appropriate public education (“FAPE”) in the least restrictive environment. In order for a program to be appropriate, a student’s Individualized Education Plan/Program (“IEP”) must include measurable goals that are designed to address the student’s unique needs. Likewise, the student needs to be afforded adequate instruction to ensure he or she makes meaningful progress towards those goals.

For the reasons set forth above, it is vital that the IEP team (which includes the child study team, teachers, and parents) reviews the goals at least annually to assess the student’s progress and modify the IEP accordingly. It is important to make sure that all IEP goals are challenging for the student and the “criteria for mastery” is specific. Without this, it will be difficult to determine whether the student requires increased or different instruction to help master his or her goals.

There was a rumor that school districts were advised that they only need to write one goal for students in an inclusive placement, specifically that the student will follow the district’s curriculum in that subject. This is not the case. Generic goals violate the intent of the IDEIA, which requires a student’s educational program to be individualized.

When there is a dispute as to the amount of progress a student is making or the appropriateness of an IEP, the special education laws provide parents with due process procedures to challenge the evaluation determinations made by the district. If parents are successful, they may be entitled to reimbursement of attorney’s fees.

Hinkle, Fingles, & Prior maintains a multi-state law practice with offices in Lawrenceville, Marlton, and Florham Park, New Jersey, and Plymouth Meeting and Bala Cynwyd, Pennsylvania. They lecture and write frequently on topics of law, aging, disability and estate planning and are available to speak to groups in New Jersey and Pennsylvania at no charge.

Comments and suggestions for future articles should be mailed to: Hinkle, Fingles & Prior, Attorneys at Law, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.

Copyright 2008 Hinkle, Fingles & Prior, Attorneys at Law. All rights reserved.

 


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