12/9/2018 Notice: An Overview The MDE released documentation and a new requirement last year for districts to utilized Notices to “finalize” IEPs rather than a Commitment page. The new Notices serve to inform the parents and student and to provide an offer of FAPE. An MDE document was also developed which provided technical assistance. The following powerpoint was taken from an MDE presentation and modified to be used with TIEnet documents. 12/9/2018 1 1

Notice for Provision of Programs and Services 12/9/2018 Notice for Provision of Programs and Services The provision of Notice is a separate activity designed to conclude the IEP process. Even though the Notice for the Provision of Programs and Services is described as a separate activity, it could be done at the end of each IEP, but no later than 7 days after the IEP team meeting was concluded. 12/9/2018 2 2

12/9/2018 Purpose The purpose of the Notice for Provision of Programs and Services is to inform; it is also the evidence of the district’s offer of a Free Appropriate Public Education (FAPE). It is required that the district provide Notice for the Individualized Education Program (IEP) process. 12/9/2018 3 3

12/9/2018 Purpose cont’d. Adopting a uniform standard for the Notice form is beneficial and helps meet compliance requirements. MDE created two Notice forms for the IEP: Notice for Initial Provision of Services and Programs ; and Notice for Provision of Services and Programs . 12/9/2018 4

Reasons for Providing Notice 12/9/2018 Reasons for Providing Notice Notice is sent either to offer a provision of a FAPE; or to provide notice that the student was not found eligible for special education services. Use Notice for Initial Provision of Programs and Services to conclude the process for IEP team meetings resulting from an initial evaluation. Use Notice for Provision of Programs and Services to conclude the process for all other IEP team meetings (i.e. Reevaluation or Annual/Review). 12/9/2018 5 5

12/9/2018 Notice and Consent When Notice is provided by a public agency or parent for an action, consent is often (but not always) required for the action. In some cases, Notice is the action itself. Consent for an action is always preceded by Notice from the public agency regarding the action. Notice is sent either to offer a provision of a FAPE; or to provide notice that the student was not found eligible for special education services. Sometimes Notice and Consent are combined as is the case for the Initial IEP Notice, but Consent is not always a requirement. 12/9/2018 6 6

Notice and Consent “Consent” means that the parent: 12/9/2018 Notice and Consent “Consent” means that the parent: 1. has been fully informed of all information relevant to the activity for which consent is sought,… 2. understands and agrees in writing to the carrying out of the activity… 3. understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. 12/9/2018 7 7

12/9/2018 The first form we will be discussing is the Notice for Initial Provision of Programs and Services. 12/9/2018 8

Initial Provision of Programs and Services 12/9/2018 Initial Provision of Programs and Services When an initial IEP is being offered to the student, consent is required from the parent before the IEP can be implemented. The section on the MDE form indicating an offer of an initial FAPE at the top and the Parent Consent section at the bottom are shaded in gray to reinforce their connection. 12/9/2018 9 9

12/9/2018 Michigan Department of Education Model Notice for Initial Provision of Special Education This is the model MDE form for the initial Notoce. See that the parents must sign on the bottom of the form to initiate programs or services – only for initial IEPs. 10 10

TIEnet – Macomb ISD Model Notice for 12/9/2018 TIEnet – Macomb ISD Model Notice for Initial Provision of Special Education Using TIEnet functions, we have developed an IEP that selectes the proper Notice depending upon the purpose of the IEP. It is critically important to set the purpose of the IEP correctly for this reason and many others too. TIEnet is a dynamic SE case management system which selects documents and sections of documents depending upon the status of the student. 11 11

Purpose of the IEP sets the type of Notice. 12/9/2018 Purpose of the IEP sets the type of Notice. I N T A L IEP 12 12

12/9/2018 Even the language of the Notice changes depending upon the purpose – see underlined sentence which states that this was “based upon the initial IEP Team Meeting” and the student “was found eligible for special education.” 13 13

Provide options discussed and reasons not selected. 12/9/2018 Provide options discussed and reasons not selected. Typically, the “Other Considerations section of the IEP was used for this purpose. It is important to document decisions and items that were discussed. The section is RED to ensure that the IEP team provides a statement --- the were NONE should not be used too often. There are always issues that come up a most IEPs having to do with schedules, teacher assignments, amount of time for programs and services, supports and supplementary aids, LRE discussion, etc. 14 14

Districts must offer FAPE within 7 days of a completed IEP. 12/9/2018 Districts must offer FAPE within 7 days of a completed IEP. This time after the IEP team meeting is also calculated in the 30 school day requirement for Initial IEPs. If the district uses the entire 7 days to provide Notice, must consider part of the initial 30 school days. See time line and don’t forget to tell staff about using the “extension” before they run out of time. 15 15

12/9/2018 On initial IEPs, parents are required to provide consent before services can be implemented. 16 16

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12/9/2018 IEP Team Meeting Date The date of the IEP team meeting identified on the IEP form must match the IEP team meeting date on the Notice form. A district has 7 calendar days to provide Notice to the parent following the conclusion of the IEP team meeting. 12/9/2018 18 18

12/9/2018 Implementation Date The implementation date is also a requirement for Notice. Establishing the implementation date of an initial IEP may prove to be a challenge. 12/9/2018 19 19

12/9/2018 Implementation Date The Michigan Administrative Rules for Special Education (MARSE) requires that a district implement an IEP for a student within 15 school days of providing Notice to the parent. However, a district must receive parent consent before implementing an initial IEP. 12/9/2018 20

Implementation Date (Continued) 12/9/2018 Implementation Date (Continued) If a parent does not provide written consent to the district within 10 calendar days of receiving Notice, the district is not required to implement the initial IEP. If a parent does not provide written consent or refusal within 10 calendar days of receipt of Notice, it is recommended that the district (after making additional attempts to contact the parent) inform the parent in writing of their decision to close the IEP process without implementation. 12/9/2018 21 21

12/9/2018 Ineligible (Initial) If the IEP team finds the student not eligible, parent consent is not required. The district will meet its obligation for the IEP process upon sending Notice to the parent. 12/9/2018 22 22

12/9/2018 The second form we will be discussing is the Notice for Provision of Programs and Services. 12/9/2018 23

12/9/2018 Michigan Department of Education Model for Notice for Provision of Special Education (Not Initial IEP) 24

TIEnet – Macomb ISD Model 12/9/2018 TIEnet – Macomb ISD Model Notice for Provision of Special Education (Not Initial IEP) Using TIEnet functions, we have developed an IEP that selectes the proper Notice depending upon the purpose of the IEP. It is critically important to set the purpose of the IEP correctly for this reason and many others too. TIEnet is a dynamic SE case management system which selects documents and sections of documents depending upon the status of the student. 12/9/2018 25 25

Purpose of the IEP sets the type of Notice. 12/9/2018 Purpose of the IEP sets the type of Notice. 26 26

Provide options discussed and reasons not selected. 12/9/2018 Provide options discussed and reasons not selected. 27 27

12/9/2018 Annual Review - Parent signature not required. Just a District signature. 28 28

12/9/2018 IEP Compliance Date – or – the Offer of FAPE Date – Must be within 7 days of the conclusion of IEP. IEP Compliance date or the Offer of FAPE date should NOT be confused with the IEP Team Meeting Date – which is simply the date of the meeting. 29 29

Ineligible (Reevaluation) 12/9/2018 Ineligible (Reevaluation) If the IEP team finds the student not eligible, the district will meet its obligation for concluding the IEP process upon sending Notice to the parent. 12/9/2018 30 30

Options Considered but not Selected: 12/9/2018 Options Considered but not Selected: It is recommended that a district use the Notice form at the IEP team meeting to capture items that were considered but not selected. The reason for “Not selecting” is also required. As practiced throughout the IEP process, provide an evidence- and data-based decision when identifying the reason for non-selection. 12/9/2018 31 31

12/9/2018 Other Factors Describe any other factors leading to the proposal or refusal of programs and services discussed during the IEP meeting. 12/9/2018 32 32

District’s Offer of a FAPE 12/9/2018 District’s Offer of a FAPE The signature and date on the Notice form and the accompanying IEP form together constitute the district’s offer of a FAPE. A FAPE is not considered offered until Notice has been provided. 12/9/2018 33 33

Procedural Safeguards Notice 12/9/2018 Procedural Safeguards Notice Procedural Safeguards Notice must be provided to parents at least once a year. The Notice must state that the parent has protection under the procedural safeguards and provide a way in which a copy of the Procedural Safeguards Notice can be obtained. It is also required that a district provide additional resources to parents in order to assist them in understanding their rights. 12/9/2018 34 34

12/9/2018 Quick Review! 12/9/2018 35 35

Parent Consent (Initial only) 12/9/2018 Parent Consent (Initial only) Parent consent is required for the initial provision of programs and services. After receiving Notice from the superintendent or designee, the parent has 10 calendar days to provide the district with written consent for special education programs and services. 12/9/2018 36 36

Parent Consent (Continued) 12/9/2018 Parent Consent (Continued) Parent consent is not required after the initial provision of consent is provided. Should a parent disagree with the outcome of an IEP team meeting, they may enlist their rights as identified in the Procedural Safeguards Notice. 12/9/2018 37 37

Parent Consent (Continued) 12/9/2018 Parent Consent (Continued) Options for disagreeing/dispute resolution may include but are not limited to: requesting additional evaluations, requesting a new IEP team meeting in order to bring different participants to the table, requesting an IEP facilitator, requesting mediation, or filing a due process hearing complaint. 12/9/2018 38 38

Notice for Provision of Programs and Services 12/9/2018 Notice for Provision of Programs and Services Quick Reference Guide 12/9/2018 39 39

12/9/2018 Contact Dr. Thomas Koepke, Director, Special Education Management Services, Macomb ISD (586) 228-3458 tkoepke@misd.net OSE-EIS – Main (517) 373-0923 www.michigan.gov/ose-eis The Michigan Alliance for Families http://www.michiganallianceforfamilies.org Michigan Special Education Mediation Program (MSEMP) http://msemp.cenmi.org 12/9/2018 40 40