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The Differences Between an IEP and an IESP

Gina DeCrescenzo • Feb 06, 2020
new york special education attorney

There are huge differences between having an IEP (an individualized education program) and an IESP (an individualized education service plan).


What is an IEP?


An IEP is developed by your home district’s Committee on Special Education (CSE) in order to provide a complete PROGRAM and related services and supports for your child. This IEP is intended to be implemented in your home public school or in a state-approved nonpublic school or out-of-district placement recommended by your home district’s CSE.


What is an IESP?


An IESP is given to a child who has elected not to accept a program offered by the home district’s CSE and instead attends a private school. The main program/academic instruction/curriculum is offered by the private school and an IESP is developed by the district where the private school is located to offer RELATED SERVICES and any additional supports that are needed to accompany or supplement the child’s program in his/her private school.


These Are Some Classic Scenarios:


A.   CHILD resides in District A. District A’s CSE develops an IEP that calls for CHILD to receive special education instruction in a 12:1:1 classroom, with related services of speech, occupational therapy and physical therapy. The IEP contains the entire program (the 12:1:1) and the related services.


vs.


B.   CHILD is unilaterally placed in a private school (religious or special ed or general ed) often in another district (for example District B). District B is obligated to provide any/all related services CHILD needs through an IESP. District B is obligated to have their CSE meet and is obligated to provide the related services of speech, OT and PT while CHILD attends the private school and receives all of the private school’s programming and instruction for the better part of the day.  


It becomes a bit confusing when we start talking about the child attending a private school in the same district where the child lives. This happens quite a bit in NYC. See the below example.


Example:


CHILD lives in NYC, making the NYCDOE responsible for the development of CHILD’s IEP. Specifically, the district in which the CHILD lives is responsible for convening its IEP team and offering an appropriate program and related services and supports. If CHILD is placed in a private school, also in NYC, the NYCDOE would still be responsible for the child’s services and supports, but now the district where the private school is located must convene its IEP team and develop an IESP identifying only appropriate related services and supports for CHILD.


IMPORTANT REMINDER: If a child is attending a private school and receiving related services through an IESP, the parent must still get an IEP for the following year if the parent wishes to pursue tuition reimbursement for the private school tuition. The parent must attend a CSE meeting in the child’s home district and have that district attempt to develop an IEP so that the parent can later challenge its appropriateness. 


Of course, pursuing tuition reimbursement can be a complex endeavor, so reach out to us for guidance and support! 


GDPC successfully handles hundreds of cases each year throughout Westchester, Putnam, Dutchess, and NY counties, with an exceptional track record against the New York City Department of Education (NYCDOE) and beyond!

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