The Individualized Education Program (IEP) Legal and Practical Issues Families as Partners: School-Family Collaboration in the Education of Students with Disabilities

1.If parents don’t agree with the IEP developed for their child, they should refuse to sign the IEP. 2.Each child with a disability is entitled to the individualized program that best meets his or her needs. 3.If everyone agrees that a child should be placed in a resource room, there is no need to discuss what the child would have needed to succeed in a regular class placement. True or False?

4.One of the ways that IEP teams can work out disagreements is to vote. 5.Schools should do everything possible to persuade parents to choose mediation over due process. 6.Families should never be asked to use their private insurance to pay for evaluations. True or False?

7.Schools can schedule related services based on therapists’ availability. 8.Related service personnel must attend all IEP meetings. 9.Once the student turns 14, a statement of transition services must be included in the IEP. 10.School districts are not required to implement the recommendations from an independent evaluation. True or False?

1. Evaluation2. Program 3. Placement Start here The Right Way

Parents and student Not less than one regular educator if child is or may be in regular education Not less than one special educator of child LEA representative who is knowledgeable of general education curriculum and can allocate funds Someone who can interpret evaluations Others who have knowledge or expertise related to child Who is on the IEP Team?

A member of the IEP team may be excused from attending an IEP meeting, in whole or in part, if: Parent/LEA agree due to the fact that the member’s area of the curriculum or related service is not being modified or discussed; The parent’s/LEA consent in writing; AND The member submits, in writing to the parents and the team, his or her input into the development of the IEP prior to the meeting. Excusal from IEP Meeting

When conducting IEP team meetings the parent and the LEA may agree to use alternative means of meeting participation, such as video conferences and conference calls. Alternative Means of Meeting Participation

To the extent possible, the LEA will encourage the consolidation of reevaluation meetings and other IEP team meetings for the child. Consolidation of IEP Meetings

In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent and the LEA may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current IEP. New Provisions for Making Changes to the IEP

Present level of performance (academic achievement and functional performance) Measurable annual goals and short-term objectives (academic and functional) AND description of how the student’s progress will be measured Special education, related services, and regular education (based on peer-reviewed research to the extent practicable) Participation with non disabled peers Accommodations and modifications (instruction and testing) Initiation, intensity, frequency, location of services IEP Components

Beginning not later than the 1 st IEP to be in effect when the students turns 16 and then annually thereafter, the IEP must include Appropriate measurable postsecondary goals Transition services needed to assist the student in reaching goals Changes to Transition Requirements

For significant decisions made regarding eligibility, evaluation, IEP, or placement Must contain a description of the action proposed or refused In parents’ native language Provided at least 5 days before decision is put into place What is Prior Written Notice?

Objective, measurable statements Effect of disability on participation in regular education curriculum Includes strengths and needs Needs reflected in goals and services Present Levels of Performance (academic and functional)

Right: Does not initiate work without teacher prompt Independent reading level=grade 4 as measured by ABC assessment Wrong: Low motivation Below grade level in reading Has mental retardation Present Level of Performance Statements

Written for services related to child’s disability/needs Using clear, understandable language Measurable, measurable, measurable Measurable Goals

Sally will demonstrate investment in the learning process Tom will improve social skills Jenny will increase her reading skills by 75% Allison will reduce disruptive behavior by 75% Poorly Written Goals:

Given daily individual reading instruction, Pam will increase her independent reading level from 4 th grade to 6 th grade, as measured by the ABC reading assessment. Given a verbal prompt, Dan will begin a task within 1 minute, four out of five times. Clear and Measurable Goals:

Statement of needs after 13 th birthday Statement of services after 15 th birthday Instruction Related services Community experiences Post school activities (work, college, etc) If appropriate, daily living skills Transition

What is the service? How often will it happen? Who is the implementer? Where will it take place? To enable child to progress in the regular education curriculum Must include all needed services, whether or not they are available in district Based on peer-reviewed research, to the extent practicable Special Education and Related Services

Amount of time for services must be clear to all who develop/implement IEP Range of times is not acceptable (OSEP) Methodologies and approaches must be discussed but law does not require that they be included in the IEP document Special Education and Related Services, continued

Broad requirement covering entire day In CT, includes participation in extracurricular activities per P.J. settlement agreement Participation with Non-Disabled Peers

A description of how the child’s progress toward meeting annual goals will be measured A description of when periodic progress reports will be provided to parents Reporting may include: Quarterly reports; or Other periodic reports concurrent with issuance of report cards Must specify whether rate of progress is sufficient to achieve annual goal Progress Reporting & Placement Summary

Summer, extended day, extended week Determined by IEP team Regression is not the only criteria for summer program Cannot be “cookie cutter” Extended School Year (ESY)

Whenever behavior impedes learning of student or others When removals (suspension, expulsion) adds up to more than 10 days Functional behavior analysis and plan created or revised Behavioral Intervention Plan

If school is considering removal of more than 10 days, must determine if behavior is a manifestation of child’s disability. If YES, cannot remove the child. Must address behavior as part of IEP. Manifestation Determination

Participation in state and district wide assessments at GRADE LEVEL (no “out of level” testing) Checklists for CMT and CAPT allowable for 2.8% of students – NCLB Accommodations as appropriate Testing Accommodations

Tests, homework, assignments, grading and more Regular educator must help determine modifications Modifications and Accommodations

1.Signature on the IEP signifies attendance, not agreement. 2.Children are entitled to the education that appropriately meets their needs. 3.Even if everyone agrees that a child should be in a special education class, the team must discuss what the child would need to succeed in a regular class. IEP Myths

4.If there is a dispute in an IEP meeting, the team should work toward consensus. 5.It is the school’s job to inform parents of mediation but the district cannot pressure parents to use this option. IEP Myths, continued

6.Schools cannot request that families use their private insurance to pay for evaluations or services. 7. Schools cannot schedule related services (speech, OT, PT) based on the availability of therapists. 8. Related service personnel are not required to attend all IEP meetings. IEP Myths, continued

9.A statement of transition needs must be developed by the 14 th birthday and a transition plan by the 16 th birthday 10.Schools must only consider the recommendations of an independent evaluator. IEP Myths, continued