THE IEP PROCESS Cassie A. Newson

Purpose of Initial Evaluation  To see if the child is a “child with a disability,” as defined by IDEA  To gather information that will help determine child’s educational needs  To guide decision making about appropriate educational program for the child

Requesting an Initial Evaluation  Only a parent or a public agency can ask for an initial evaluation of a child (NOT A DOCTOR)  The LEA must obtain parent consent before conducting initial evaluation of the child

Before any Initial Evaluation  The LEA must:  Provide parent with prior written notice  Provide parent with procedural safeguards notice (Handbook on Parents’ Rights)  Obtain parents’ informed written consent (DEC 2)

Parent Consent for Initial Evaluation  What is the public agency’s obligation if:  Parent does not provide consent for initial evaluation?  The LEA may pursue due process mechanisms to conduct the evaluation, but is not obligated to do so.  Parent does not respond to a request to provide consent?  After multiple and documented attempts, the LEA issues Prior Written Notice (DEC 5) closing the referral  The LEA may pursue due process mechanisms to conduct the evaluation

Key Points about Initial Evaluation  Initial evaluation must be conducted within 90 days from the initial receipt of the written referral to the placement decision, including IEP development  The evaluator must use a variety of assessment tools and strategies  The team must gather relevant information about the child  Functional  Developmental  Academic

Determining Eligibility  3 Prongs of Eligibility :  The student must meet the disability eligibility criteria in one of the fourteen disability conditions  The disability must be having an adverse effect on educational performance; and  The student must be in need of specially designed instruction  (Just because a child is ADHD, they do not need an IEP if they do not need spcially designed instruction)

Prong 1: Areas of Disability in N.C.  Autism  Multiple Disabilities  Deafness  Orthopedic Impairment  Deaf-Blind  Other Health Impairment  Developmental Delay  Specific Learning Disability  Emotional Disability  Speech or Language Impairment  Hearing Impairment  Traumatic Brain Injury  Intellectual Disability  Visual Impairment

Prong 2: Adverse Effect on Educational Performance  Includes both academic and functional levels of performance  Both academic and functional levels of performance of the student may be compared to assigned grade level standards or the performance of non-disabled same-age peers.  Inadequate response to appropriate instruction/interventions may be considered when documenting adverse effect  Adverse effect must be expressed in data based/observable terms

Prong 3: Need for Specifically Designed Instruction (Special Education)  When ongoing evaluation of the problem indicates that expected progress is not being made and resources beyond general education are needed, specially designed instruction by be necessary  Specifically designed instruction means adapting; as appropriate to the needs of the student, the content, methodology or delivery of instruction

Determining the Child’s Eligibility  A child must not be determined to be a child with a disability if the determinant factor for deciding so is…  lack of appropriate instruction in reading  lack of appropriate instruction in math, or  Limited English Proficiency

Upon Completion of Assessments/Evaluations  The LEA must provide the parent with…  a copy of evaluation report  documentation of eligibility determination (at no cost)

Re-evaluations  Must occur at least once every 3 years  May occur no more than once a year

What Re-evaluation Shares with Initial Evaluation  Its purpose  Prior written notice  Procedural safeguards notice  Review of existing data  Parent consent  Gathering additional data if needed  Parent involvement in evaluation group  Parent involvement in eligibility determination  Factors involved in determining eligibility (3 prongs)  Reporting to parents

The Re-evaluation Process  Review of existing data  Determination of additional data (if needed)  Data can be collected informally or formally  Parental consent must be obtained for any formal assessments (DEC 2)  The IEP team determines which evaluations (formal or informal) are to conducted, if any  If the parent disagrees with the IEP team’s decision to obtain no additional assessment information, they may request that additional assessments be completed, prior to determining continued eligibility.  The LEA must conduct the requested assessments

The Re-evaluation Process Continued  The reevaluation process (DEC 7) is required prior to adding or deleting a related service  Any reevaluation process (DEC 7) starts a new three year reevaluation cycle  Any reevaluation process will require the re- determination of eligibility for special education (DEC 3)  Any reevaluation process requires the IEP to be revisited for appropriateness (DEC 4)  Any reevaluation process requires the issuance of Prior Written Notice (DEC 5) at its conclusion

Re-evaluation Prior to Exiting a Student from Special Education  The reevaluation process (DEC 7) is required before determining a child is no longer a “child with a disability” except –  When the child’s eligibility under Part B ends because the child graduates from secondary school with a regular diploma the child exceeds age eligibility from FAPE (over 21)