Assignment 9

The I.E.P

Most parents and teachers get information about the law from training sessions, articles, advice on list serves, and informal discussions with others. Your knowledge can rise no higher than your source! You must read the law - this is the only way to understand legal rights, responsibilities, and issues.

Regulations

Components of the IEP

Present Levels
How is the child currently doing in school? How does the disability affect his or her performance in class? This type of information is captured in the “present levels” statement in the IEP.
Annual Goals
Once a child’s needs are identified, the IEP team works to develop appropriate goals to address those needs. Annual goal describe what the child is expected to do or learn within a 12-month period.
Benchmarks or Short-Term Objectives
Benchmarks or short-term objectives are required only for children with disabilities who take alternate assessments aligned to alternate achievement standards. If you’re wondering what that means, this article will tell you!
Measuring and Reporting Progress
Each child’s IEP must also contain a description of how his or her progress toward meeting the annual goals will be measured and when it will be reported to parents. Learn more about how to write this statement in this short article.
Special Education
The IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child. This article focuses on the first element: a statement of the special education that will be provided for the child.
Related Services
To help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. This additional help is called related services. Find out all about these critical services here.
Supplementary Aids and Services
Supplementary aids and services are intended to improve children’s access to learning and their participation across the spectrum of academic, extracurricular, and nonacademic activities and settings. The IEP team must determine what supplementary aids and services a child will need and specify them in the IEP.
Program Modifications for School Personnel
Also part of the IEP is identifying the program modifications or supports for school personnel that will be provided. Read more here.
Extent of Nonparticipation
The IEP must also include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in other school settings and activities. Read how this connects to IDEA’s foundational principle of LRE.
Accommodations in Assessment
IDEA requires that students with disabilities take part in state or districtwide assessments. The IEP team must decide if the student needs accommodations in testing or another type of assessment entirely. In this component of the IEP, the team documents how the student will participate.
Service Delivery
When will the child begin to receive services? Where? How often? How long will a “session” last? Pesky details, but important to include in the IEP!
Transition Planning
Beginning no later than a student’s 16th birthday (and younger, if appropriate), the IEP must contain transition-related plans designed to help the student prepare for life after secondary school.
Age of Majority
Beginning at least one year before the student reaches the age of majority, the IEP must include a statement that the student has been told about the rights (if any) that will transfer to him or her at age of majority. What is “age of majority” and what does this statement in the IEP look like?

Timeline for Developing an IEP

1. Prereferral

Preliminary evaluation by teachers
Teacher fills outs accommodations checklist
Teacher conference
SST meeting determined necessary
SST meeting: CUM records, evaluation of objective data and accommodations
Modifications from the SST meeting are implemented
Teachers conference: is it working?
Assessment determined appropriate -special education referral
Assessment plan completed and sent to parents

2. Referral

Referrals can be done by parents or school professionals, but must be in writing
Schools should send a written request to parents
Once the school has received the referral, they have 15 calendar days to decide if they are going to assess/evaluate the student

3. Assessment

Before a school can evaluate a student they must receive informed parental consent from the parents. The school will create a proposed assessment plan. The school needs to provide the parents with a copy of their parental rights and procedural safeguards. Parents have 15 days from the day they receive the proposed assessment plan to give informed consent. If parents do not consent and the school wishes to continue they can pursue mediation or a due process hearing. If the parents give consent then the school has 60 days to conduct the proposed evaluation.

4. Eligibility Determination

Evaluation teams are made up of the student's general education teacher, the schools special education teacher, the child's parents and a qualified person to interpret they results form the assessments/evaluations. The team could also include other qualified professionals such as the school psychologist.
The evaluation team is to evaluate the student in all areas where there is a suspected disability.
Eligibility is determined by the existence of a disability that impacts the students educational experience and requires specially designed instruction.
If the student is identified with one of the 13 disabilities categorized under IDEA then they are entitled to special education and related services. If the students is not eligible for special education and related services they may be able to receive some accommodations under Section 504.

5. Development of the IEP

A statement of the student's current levels of academic achievement and functional performance
Measurable annual goals and a statement addressing how the student will progress towards their annual goals
Specific special education, related services, and supplementary aids.
An explanation, if necessary, as to why the student will not participate in activities with typically developing peers
Accommodations necessary to measure the academic and functional performance on a state or district wide assessment
The projected date for the beginning of services/modifications and the expected frequency, location and duration of such services
A statement that includes appropriate measurable post secondary goals. Goals are based on age-appropriate transition assessment services and transitions services needed by the student to meet the goals

6. Implementation of IEP

Once the IEP has been developed then it should be implemented as soon as possible. The school is responsible for getting a copy of the completed IEP to the parents within 30 days. The students should be educated in the least restrictive environment and should be educated with their typically developing peers as much as possible. A child should only be removed from the general education setting if they are unable to benefit from an education in that placement.

7. IEP Review

A student's IEP must be reviewed and altered if necessary at least once a year. The IEP team is required to conduct an IEP meeting annually.during an IEP review the team examines: if the student has made significant gains towards their annual goals, information form parents and teachers regarding the IEP, whether or not the student is in need of more or less services or modifications.Parents can request an IEP meeting at any time. The meeting must take place within 30 days of the date the request was received.Parents should be given a progress report of how their child is progressing towards their IEP goals. Frequency of these progress reports should be the same for typically and atypically developing students.Every three years the IEP team must conduct a tri-annual review. During a tri-annual review the team examines whether or not the child is still eligible for special education and related services.

8. Transition Process

Once a student turns 16 the IEP team is required to create an individual transition plan (ITP). The transition plan is a part of the IEP until the student is out of high school. A transition plan must contain a statement as to how local agencies will help the student make a smooth transition into the adult community. The transition plan focuses on what the students wishes to do after high school and what post-secondary educational goals they have. This plan is based on the student and what interests they wish to pursue after high school. Parents are to be very involved in this planning process.

IEP Team Members

Parents on the IEP Team

Parents of the child with a disability are vital members of the IEP team, with an expertise to contribute like no one else’s.

Special Educators on the IEP Team

Special educators, with their knowledge of how to educate children with disabilities, are obviously a very important part of a child’s IEP team.

Regular Educators on the IEP Team

If a child is participating in the regular education environment (or is going to be participating), then IDEA requires that at least one regular educator of the child be included on the IEP team.

A Representative of the School System

The IEP team must also include a representative of the school system, who has the authority to commit agency resources. This person must have specific qualifications. Find out what those are.

Someone to Interpret Evaluation Results

Is there someone on the IEP team who can interpret the child’s evaluation results and discuss what they mean in terms of instruction?

Others with Knowledge or Special Expertise About the Child

Either the parent or the school system may invite others to join the team, if they have knowledge or special expertise about the child. This can include related service providers.

Student with a Disability on the IEP Team

Of course, the student with a disability might have something to say about his or her own education!

Who Writes the IEP?

Each member of the I.E.P. group contributes to writing the I.E.P.
All members of the I.E.P. work together to develop the best I.E.P. for the student involved and they must do so within 30 days of receiving confirmation that the student is eligible for special education services.

Is the Same IEP Form Used Everywhere?

The I.E.P. form itself may vary from state to state and even district to district.
However, all federal and state requirements must be included on the form.

How is "Deciding Placement" Performed?

A placement group will look at the student’s I.E.P. and make a placement decision that is best for the student. However, in some states the I.E.P. team members will make the decision for the students.
Parents have the right to attend any meetings about their child’s placement.
Parents and the school system may decide to try a placement for a specific amount of time and see how the student does. If the student does not excel then they will reconsider the student’s placement.
Placement decisions have to be based on the IDEA requirement of least-restrictive environment.

Implementing the IEP in the Classroom

The IEP serves as the “road map” for guiding the teaching team in helping the child accomplish the important goals and objectives that have been outlined. It outlines the supports and services the child needs. It is the shared responsibility of the school district personnel, and the Head Start personnel to develop teaching plans that help a child achieve these goals and objectives. This means that the daily, weekly and/or monthly lesson plans should provide some specific directions for teaching the child.

Reviewing and Revising the IEP and Goals

The IEP must be reviewed at least once a year to determine if the child is achieving the annual goals. The IEP team must revise the IEP to address:

any lack of expected progress
results of any reevaluation
information provided by the parents
anticipated needs

What if Parents Don't Agree with the IEP?

A parent has the right to disagree with the school about their child's needs, appropriate services, educational placements, and other issues.
Parent Consent: Before the school can place your child in a special education program for the first time, you must give your informed consent.
If you disagree with the school's proposed program, you should not consent to the IEP.
To eliminate misunderstandings, always describe your concerns and objections in writing.
You can negotiate, and try to resolve your dispute informally through the IEP process.
Request another IEP meeting to discuss other solutions.
Write a "Letter to the Stranger" that describes your child's history and your concerns.
Discuss your concerns with the school members of the team. Try to reach an agreement.
The agreement may be temporary.
For example, you and the school may agree to try a program or placement for a specified period of time, and meet a few weeks later to discuss how your child is doing.

Parent's Role in Developing the IEP

The parents must give consent to the school for the school to be able to conduct an initial evaluation, reevaluation, or any special education services. The parent must give written consent for each step throughout the IEP. If the school district tries to gain the parent’s consent three times, with fail, then the meeting can be held without them.
The parent is a crucial member of the IEP Team. As a part of this team, the parent has a right to invite anyone to the meeting they find fit.
The parent, along with anyone else, can refer their child for evaluations.
The parent is a vital aspect of the IEP. The parent is the one who knows their child best and the one who spends the majority of time with them. They can provide the team with valuable information about the child when they are outside of school. This can give a lot of insight to the team to better help the student with their evaluation and services.

Who are Related Service Providers and What is Their Function?

Related Service providers help students with disabilities benefit from their special education by providing them with extra help and support in needed areas.
Examples
- speech-language pathology and audiology services
- interpreting services
- psychological services
- physical and occupational therapy
- recreation, including therapeutic recreation
- early identification and assessment of disabilities in children
- counseling services, including rehabilitation counseling
- orientation and mobility services
- medical services for diagnostic or evaluation purposes
- school health services and school nurse services
- social work services in schools
- parent counseling and training
- transportation
They start assisting from the very beginning stages. IDEA requires that a student must be assessed in all areas related to their suspected disability. Some of the evaluations may be: health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor ability.
After the initial evaluations the related service providers are part of determining what related services a child needs. Goals can be written for a related service in the IEP, so this is the step where they have to determine those goals. When the related services are written in the IEP they must include, when the service will begin, how often it will be provided and for what amount of time, and where it will be provided.

How are Related Services Provided?

Related services are provided at no cost to the parents if the services are included on the child’s IEP. The related services must be provided as written in the IEP. They must follow the IEP to the exact details of where, when, and how. They are provided by the people that are mentioned in the IEP. The IEP will not state specific names, it will put titles instead. For example, it could say Speech Pathologist. This is so that if people change jobs or are taking vacation, another qualified Speech Pathologist can provide the services without having to re-do the IEP.

Scope of Evaluations for an I.E.P.

The evaluation must assess the child in all of the areas that are related to the child’s suspected disability. If the parent does not agree with the outcome of the evaluations, the parent has the right to have an Independent Educational Evaluation.
A student must be reevaluated within three years. This is known as the triennial. This evaluation determines if the child still is considered a child with a disability under IDEA. However, if the child’s conditions prove that they need to be reevaluated more often or the parents or teachers ask for reevaluation, they must do so

What considerations are needed for writing an I.E.P.?

Does the child’s behavior interfere with his learning or other’s learning?
Does the child have limited English proficiency?
Is the child blind or visually impaired?
Does the child have any needs related to communication?
Is the child deaf or hard of hearing?
Does the child need assistive technology?

Frequency, Duration, and Location of Services

The project starting date and anticipated frequency, duration, and location of services (and modifications), must be indicated for each special education and related service. The date must include the month, day, and year and extend no more than a year from the date of the meeting. The location refers to the type of environment that is the appropriate place for the provision of the service (the regular classroom or resource room). The total time that a student with a disability spends receiving general education, special education, and related services should equal the total amount of time the student spends in school.

Court Cases

Honig v. Doe, 484 U.S. 305 (1988)
- The Court addressed the IDEA’s stay-put provision, explaining that in enacting stay-put, Congress intended “to strip schools of the unilateral authority they had traditionally employed to exclude disabled students … from school.” The Court also noted that the IEP is the “centerpiece of the [IDEA’s] education delivery system” and explained that “Congress repeatedly emphasized throughout the Act the importance and indeed the necessity of parental participation in both the development of the IEP and any subsequent assessments of its effectiveness.”
School Committee of Town of Burlington, Mass. v. Department of Educ. of Mass., 471 U.S. 359 (1985)
- The Court established, for the first time, the right of parents to be reimbursed for their expenditures for private special education. This decision (together with the Court’s decision in Florence v. Carter, discussed above) generally stands for the proposition that a school district may be required to reimburse parents for tuition and other expenses related to a private school placement when (1) the IEP and placement offered by the school district were inadequate or inappropriate (in other words, where the school district failed to offer FAPE) (2) the parents’ private placement was appropriate for their child’s needs, and (3) the balance of the equities favors reimbursement. The Court also explained that in an IDEA dispute, a court has broad authority to fashion appropriate relief considering equitable factors, which will effectuate the purposes underlying the Act, and that the IDEA provides “procedural safeguards to insure the full participation of the parents and proper resolution of substantive disagreements.”

EK