IEP ProcessIEP ProcessIEP ProcessIEP Process

Planning together for servicePlanning together for service

IEP• Individualized Education Plan• “A written statement for a child

with a disability that is developed, reviewed, and revised in a meeting.”– Code of Federal Regulations 300.340)

Other Service Plans• Age 2 and under

– Individualized Family Services Plan– IFSP

• Child with special needs not qualifying for special education– 504 Plan

• Rehabilitation Act of 1973

Invitation to Meeting• Include

– Location– Date– Time – Purpose– Who is invited?– Any special needs?– Will parent attend?

• Wish to reschedule?• Do not wish to attend.

– Documentation of Contact

Invitation to Meeting• Must make at least 3 written

attempts • Document each time paper is sent• Follow up with phone call

Who comprises the team?

• The parents of the child• At least 1 regular education teacher of the child (if the child is, or may

be, participating in the regular education environment)• At least one special education teacher of the child, or if appropriate,

at least one special education provider of the child• An individual who can interpret evaluation• At the discretion of parent or agency, other individuals that have

knowledge or expertise regarding the child, including related services personnel as appropriate.

• If appropriate, the child• Any representative of the public who –

– Is qualified to provide, supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities

– Is knowledgeable about the general curriculum; and– Is knowledgeable about the availability of resources of the public agency

Exceptions to who can attend meeting

• If parents intend to bring an attorney to the IEP meeting, they must let you know. If they come with attorney, you can adjourn and reschedule meeting when your supervisor and possible attorney would be present

When are IEP meetings held?

• At least once per year (annual review)

• When re-evaluation is required (every 3 years)

• Anytime new factors occur that need to be addressed

Who is responsible for sending notice of

meeting?• Varies depending on system• Typically, CASE managers send the

notice. • If speech/language is only service, then

you would be Case Manager• Remember notices must be send 10

school days prior to meeting (varies by state)

Prior Written Notice• Reason for meeting• Actions proposed

– Reason– Options– Rejected?– Basis for proposal– Other factors?

Parents Perspective• Try to make parents feel at ease• Do introductions• Make a positive comment about

the child• Adjust language level to meet the

parents’ needs

IEP Meeting:Review evaluation

• Screenings– Hearing– Vision– Speech/language

• All evaluation procedures• Input from parent/teacher• Evaluation report

– Give parents a copy• Any questions?

IEP Meeting:Eligibility

Determination• Eligibility Date• Evaluation Date• Re-evaluation Date• Meets eligibility standards?• Rule out factors

– Lack of instruction– English proficiency

• Medical factors?• Screening results• Evaluation results documented?• Involved in evaluation? – sign

– Agree with results of evaulation?

Eligibility continued• Yes – meets standards and needs special ed

– How does “disability” affect educational performance?

• No– Meets state standards – needs can be met in regular

program– Does not meet state standards

• Agree or not?– All sign

• Received copy of evaluation report?– Parents Sign

Annual IEP: Present Levels of Performance

• Sources of information• Areas assessed• Date• Exceptional?• Present levels

Annual IEP: Consideration of Special

Factors• Limited English proficiency?• Blind or visually impaired?• Communication needs?

– Speech/Language Therapy?• Deaf or hard of hearing?• Assistive Technology?• Behavior Impede Learning?

Goals & Objectives

• Annual Goal– Custom, from list– Connected to

curriculum when possible

– Stated clearly so anyone can understand

– Avoid professional language

• Objectives– Custom, from list,

from bank– Short– Specific– Beginning/ending

date– Criteria– Method of evaluation

•Area of need

•Personnel/Position Responsible

Determination of Program, Placement, &

Services• Speech/Language• How many times week • How long will each session be?

Signing the IEP• Agree/disagree with IEP• Informed Parental consent• Date IEP was given to parents• Person responsible for forwarding

and explaining• Documentation of IEP review by

other teachers

Conference Summary• Results of evaluation• Eligibility determination• IEP

– What services?– How much time?

• Anything else?

If Parent does not attend

• NO show– Must have record of attempts to contact– Written notices for at least 3 attempts– Send copies of paperwork home for signatures– MUST have parent signature for initial placement**

• Parent indicates in writing that they will not be attending– Phone conference?– Send copies home for signatures– Never send originals!!!!!!!!!!!

Procedural Safeguards• Special Ed laws, EAHCA and IDEA

are civil rights laws• Ensures parental involvement• Safeguards are designed under

constitutional principles known as DUE PROCESS of law

Procedural Safeguards• Parents have right to review ALL educational records• Participate in all meetings that deal with their child’s

identification, evaluation, educational placement, and FAPE provision

• If parents are unable to attend, “the public agency shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing”

• An IEP team can make placement decisions about a student without parents only after several attempts have been made to involve parents.

Attempts to contact parent

• Attempts must be documented – Detailed records of telephone calls made or

attempted and the results of those calls– Copies of correspondence sent to the

parents and any responses received– Detailed records of visits made to the

parent’s home or place of employment and the results of those visits

Independent Educational Evaluation

(IEE)• The parents of a child with a disability have

the right to obtain an IEE at public expense if they disagree with an evaluation obtained from a public agency.

• If parents request that the school pay for the IEE, the district must inform them of the criteria for an acceptable evaluation and recommended service providers.

• IF parents obtain a private evaluation that meets criteria, an IEP team must consider results of evaluation as part of the IEP.

IEE• Be careful not to give impression that

such a requests might not be honored. Such requests must be honored by the school team, and the resulting report must be discussed by the IEP team.

• When parents request an IEE, notification of a supervisor/administrator, or program manager is highly advisable

Notice Requirements• EVERY time an action is being considered

by IEP team members, written notice must be given to parents including:– Parents must receive prior written notice

whenever an agency proposes, refuses, or initiates a change regarding:

• Identification• Evaluation• Educational placement• Provision of FAPE

Notice requirement cont.

• The prior written notice must– Be in a language understandable to the general public– Be in the native language of parents or translated orally

for them– Describe the action proposed or refused– Explain why the agency is proposing or refusing the action– Describe other options considered and the reasons why

these options were rejected– Describe the information used as basis for action– Include any other relevant factors used in making the

decision– Include statement that parents have protection under

IDEA and if not an initial referral, include how a copy of procedural safeguards can be obtained

– Included sources of information to assist parents in understanding IDEA

Give Prior Written Notice

• When student is initially referred for evaluation to determine eligibility

• When student is re-evaluated• When providing notice of an IEP

meeting• When filing a due process action

Parental Consent• Congress intended that decisions or actions never be

taken with regard to a child’s education without parent involvement

• To comply, use Consent to Assess Form• If parents refuses to sign, public agency may choose or

may be required to pursue a due process action to proceed with evaluation

• Re-evluations can be conducted without parental consent IF reasonable steps to obtain these consents have been taken and parents did not respond

• Always contact administrator before proceeding with a re-evaluation without parental consent

Mediation, Due Process Hearings, and State IDEA

Complaints• Due process guarantees civil

rights through procedural safeguards designed to protect individual rights

• Video clip– www.idea.ed.gov– Procedural safeguards

Behavior and Student Discipline

• States have laws in place for disciplining students in special educational

• There are “10” FAPE free days in TN– 10 days of suspension, in-school

suspension, removal from bus, etc. without having to do manifestation determination

Behavior• If student gets to the 10 day mark,

IEP team must convene and have a “manifestation determination”

Manifestation Determination

• Designed to ensure that students are not penalized for behavior that is manifested as part of their disability

• SLPs have responsibility in this matter…these kids may be on your caseload and you may be the only special education service the child receives

Manifestation Determination

• Meet and discuss if a student’s behavior with a manifestation of his/her disability

• In situations when expulsion is recommended or required (e.g., carrying weapon, possessing drugs), the manifestation review should be conducted immediately, if possible, or no later than 10 school days after the decision ***

Manifestation Determination

• Review IEP, evaluations, data • Determine if IEP and placement was

appropriate in terms of the behavior subject to disciplinary action

• If everything has been carried out as described in IEP, then team then determines if the child’s disability impaired his/her ability to understand the impact or consequence of the behavior or to “control the behavior”

• If IEP or placement WAS deficient, immediate steps must be in place to remedy those deficiencies ** following behavior plan???

Behavior Plans• If you are case manager and a

student is getting close to 10 days, may want to have team meeting to discuss the behavior– Recommend FBA?– Include goals in IEP?

Behavior Plans• Review Behavior plan template on

state website