INDIVIDUALIZED EDUCATION PROGRAM (IEP) Section 6 … · INDIVIDUALIZED EDUCATION PROGRAM (IEP)...

72
PPS Department of Special Education Individualized Education Program 6.1 Revised: September 2003 INDIVIDUALIZED EDUCATION PROGRAM (IEP) Section 6 TABLE OF CONTENTS OREGON LAW AND PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – POLICIES AND PROCEDURES........................................................................................................... 6.3 PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – OPERATIONS ............................. 6.23 Individualized Education Program (IEP) Purpose ....................................................... 6.25 Special Education Service Delivery Models................................................................. 6.26 Participants in IEP Meetings .......................................................................................... 6.27 Parent Notices, IEPs and Discussions at Meetings in the Parent’s Native Language............................................................................................................... 6.28 Teacher Attendance at IEP Meetings – Contract Provisions...................................... 6.30 Unit Member Documentation of IEP Writing and/or IEP Conferencing ..................... 6.32 Annual IEP Worksheet .................................................................................................... 6.33 Pro-Active Approaches to Successful IEP/IFSP Meetings ......................................... 6.34 IEP Meeting Rules ........................................................................................................... 6.35 Drafting IEP Goals and Objectives ................................................................................ 6.36 Revising an IEP ................................................................................................................ 6.38 Checklist of IEP Components ........................................................................................ 6.40 Completion Dates of Annual IEPs.................................................................................. 6.41 Health Services and the IEP ........................................................................................... 6.42 Oregon Department of Education Q&A on Modified Grading and Report Cards .... 6.43 Prior Notice of Graduation and Termination of Services ........................................... 6.47 Extended School Year (ESY) – General Information and Considerations................ 6.48 Glossary of Terminology for ESY.................................................................................. 6.49 ESY Guidelines for Determining Regression / Recoupment ...................................... 6.50 ESY District Timelines Calendar ................................................................................... 6.51 ESY Checklist .................................................................................................................. 6.52 ESY Flow Chart ................................................................................................................ 6.53 Extended School Year Data (C-ESY Data) .................................................................... 6.54 Individualized Education Program ESY Addendum (C-ESY pages 1 and 2) ............ 6.55 Portland Public Schools Special Education ESY Registration.................................. 6.57 ESY Contract Program Request .................................................................................... 6.58 ESY Materials and Equipment ....................................................................................... 6.59 Use of Tape Recorders During IEP Meetings............................................................... 6.60 PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – RESOURCES .............................. 6.61 OSEP Brief: Regular Education Teachers as IEP Team Members ........................... 6.63

Transcript of INDIVIDUALIZED EDUCATION PROGRAM (IEP) Section 6 … · INDIVIDUALIZED EDUCATION PROGRAM (IEP)...

PPS Department of Special Education Individualized Education Program

6.1 Revised: September 2003

INDIVIDUALIZED EDUCATION PROGRAM (IEP)Section 6

TABLE OF CONTENTS

OREGON LAW AND PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – POLICIESAND PROCEDURES...........................................................................................................6.3

PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – OPERATIONS.............................6.23Individualized Education Program (IEP) Purpose .......................................................6.25Special Education Service Delivery Models.................................................................6.26Participants in IEP Meetings ..........................................................................................6.27Parent Notices, IEPs and Discussions at Meetings in the Parent’s Native

Language...............................................................................................................6.28Teacher Attendance at IEP Meetings – Contract Provisions......................................6.30Unit Member Documentation of IEP Writing and/or IEP Conferencing.....................6.32Annual IEP Worksheet ....................................................................................................6.33Pro-Active Approaches to Successful IEP/IFSP Meetings .........................................6.34IEP Meeting Rules ...........................................................................................................6.35Drafting IEP Goals and Objectives ................................................................................6.36Revising an IEP................................................................................................................6.38Checklist of IEP Components ........................................................................................6.40Completion Dates of Annual IEPs..................................................................................6.41Health Services and the IEP...........................................................................................6.42Oregon Department of Education Q&A on Modified Grading and Report Cards ....6.43Prior Notice of Graduation and Termination of Services ...........................................6.47Extended School Year (ESY) – General Information and Considerations................6.48Glossary of Terminology for ESY..................................................................................6.49ESY Guidelines for Determining Regression / Recoupment ......................................6.50ESY District Timelines Calendar ...................................................................................6.51ESY Checklist ..................................................................................................................6.52ESY Flow Chart................................................................................................................6.53Extended School Year Data (C-ESY Data)....................................................................6.54Individualized Education Program ESY Addendum (C-ESY pages 1 and 2) ............6.55Portland Public Schools Special Education ESY Registration..................................6.57ESY Contract Program Request ....................................................................................6.58ESY Materials and Equipment .......................................................................................6.59Use of Tape Recorders During IEP Meetings...............................................................6.60

PORTLAND PUBLIC SCHOOLS SPECIAL EDUCATION – RESOURCES ..............................6.61OSEP Brief: Regular Education Teachers as IEP Team Members ...........................6.63

PPS Department of Special Education Individualized Education Program

6.2 Revised: September 2003

IEP Team Communication..............................................................................................6.65Recommendations for Effective Team Decision Making............................................6.66IEP Team Participants: Questions and Answers ........................................................6.67

PPS Department of Special Education Individualized Education Program

6.3 Revised: September 2003

INDIVIDUALIZED EDUCATION PROGRAMSection 6

Oregon Law and

Portland Public SchoolsSpecial Education

POLICIES AND PROCEDURES

PPS Department of Special Education Individualized Education Program

6.4 Revised: September 2003

[This page intentionally left blank.]

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.5

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

OA

R 5

81-0

15-0

064

IEP

Eff

ecti

ve D

ates

an

d Im

ple

men

tati

on

(1)

An

IEP

sha

ll:(a

) B

e w

ritte

n be

fore

spe

cial

edu

catio

n is

pro

vide

d to

a c

hild

;(b

) B

e im

plem

ente

d as

soo

n as

pos

sibl

e fo

llow

ing

the

mee

tings

hel

d un

der

OA

R 5

81-0

15-0

065;

and

(c)

Be

in e

ffect

at t

he b

egin

ning

of e

ach

scho

ol y

ear.

(2)

The

sch

ool d

istr

ict s

hall:

(a)

Ens

ure

that

the

IEP

is a

cces

sibl

e to

eac

h re

gula

r ed

ucat

ion

teac

her,

spec

ial e

duca

tion

teac

her,

rel

ated

ser

vice

pro

vide

r an

d ot

her

serv

ice

prov

ider

who

is r

espo

nsib

le fo

r its

impl

emen

tatio

n; a

nd(b

) In

form

eac

h te

ache

r an

d pr

ovid

er d

escr

ibed

in (

2)(a

) of

his

or

her

spec

ific

resp

onsi

bilit

ies

for

impl

emen

ting

the

child

's IE

P a

nd th

e sp

ecifi

cac

com

mod

atio

ns, m

odifi

catio

ns a

nd s

uppo

rts

that

mus

t be

prov

ided

for

oron

beh

alf o

f the

chi

ld in

acc

orda

nce

with

the

IEP

.(3

) S

choo

l dis

tric

ts:

(a)

Sha

ll pr

ovid

e sp

ecia

l edu

catio

n an

d re

late

d se

rvic

es to

a c

hild

with

adi

sabi

lity

in a

ccor

danc

e w

ith a

n IE

P; a

nd(b

) M

ake

a go

od fa

ith e

ffort

to a

ssis

t the

chi

ld to

ach

ieve

the

goal

s an

dsh

ort-

term

obj

ectiv

es li

sted

in th

e IE

P. H

owev

er, n

o sc

hool

dis

tric

t, te

ache

ror

oth

er p

erso

n sh

all b

e he

ld a

ccou

ntab

le if

, des

pite

goo

d fa

ithim

plem

enta

tion,

a c

hild

doe

s no

t ach

ieve

the

grow

th p

roje

cted

in th

e an

nual

goal

s an

d sh

ort-

term

obj

ectiv

es.

(4)

Not

hing

in th

is r

ule

limits

a p

aren

t's r

ight

to a

sk fo

r re

visi

ons

of th

e ch

ild's

IEP

or

to in

voke

due

pro

cess

pro

cedu

res.

[Fed

eral

Reg

ulat

ions

: 34

CF

R 3

00.3

42 a

nd 3

00.3

50]

OA

R 5

81-0

15-0

703

Sta

te IE

P F

orm

s

(1)T

he D

epar

tmen

t sha

ll de

velo

p an

d re

vise

, as

appr

opria

te, a

sta

ndar

d

I. G

ener

al IE

P in

form

atio

n

A.

An

IEP

is in

effe

ct fo

r ea

ch e

ligib

le s

tude

nt:

1.B

efor

e sp

ecia

l edu

catio

n an

d re

late

d se

rvic

es a

re p

rovi

ded

to a

stud

ent,

and

2.

At t

he b

egin

ning

of e

ach

scho

ol y

ear.

B.

For

all

IEP

’s d

evel

oped

on

or a

fter

Sep

tem

ber

7, 2

000,

the

dist

rict

uses

:

1.

An

IEP

form

ado

pted

by

the

Sta

te B

oard

of E

duca

tion,

or

2.

An

IEP

form

that

has

bee

n ap

prov

ed b

y th

e O

rego

n D

epar

tmen

tof

Edu

catio

n.

C.

An

IEP

is im

plem

ente

d as

soo

n as

pos

sibl

e fo

llow

ing

the

IEP

mee

ting.

D.

The

dis

tric

t pro

vide

s al

l the

spe

cial

edu

catio

n an

d re

late

d se

rvic

es,

incl

udin

g pr

ogra

m m

odifi

catio

ns, s

uppo

rts,

and

/or

supp

lem

enta

ryai

ds a

nd s

ervi

ces,

iden

tifie

d on

the

IEP

.

E.

The

dis

tric

t mak

es a

goo

d fa

ith e

ffort

to a

ssis

t the

stu

dent

to a

chie

veth

e an

nual

goa

ls a

nd s

hort

-ter

m o

bjec

tives

iden

tifie

d on

the

IEP

.T

he d

istr

ict w

ill n

ot b

e he

ld a

ccou

ntab

le if

, des

pite

goo

d fa

ithim

plem

enta

tion,

a s

tude

nt d

oes

not a

chie

ve th

e an

ticip

ated

pro

gres

sid

entif

ied

on th

e IE

P.

F.

The

IEP

will

be

acce

ssib

le to

eac

h of

:

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.6

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

form

for

the

deve

lopm

ent,

revi

ew a

nd r

evis

ion

of a

n in

divi

dual

ized

edu

catio

npr

ogra

m.

(2)T

he D

epar

tmen

t sha

ll pe

riodi

cally

dis

trib

ute

the

stan

dard

form

to a

llsc

hool

dis

tric

ts.

(3)E

ach

scho

ol d

istr

ict s

hall

use

the

form

in th

e de

velo

pmen

t, re

view

and

revi

sion

of a

ll IE

Ps

deve

lope

d on

or

afte

r S

epte

mbe

r 7,

200

0, u

nles

s an

alte

rnat

e fo

rm is

app

rove

d un

der

OA

R 5

81-0

15-0

704.

[OR

S 3

43.1

51]

OA

R 5

81-0

15-0

704

Ap

pro

val o

f A

lter

nat

e IE

P F

orm

s

(1)

A s

choo

l dis

tric

t may

use

an

alte

rnat

e fo

rm in

the

deve

lopm

ent,

revi

ewan

d re

visi

on o

f IE

Ps

if th

e D

epar

tmen

t app

rove

s th

e al

tern

ate

form

.(2

) T

he D

epar

tmen

t sha

ll de

velo

p cr

iteria

for

appr

oval

of s

ubm

itted

alte

rnat

efo

rms.

The

se c

riter

ia s

hall

incl

ude,

but

not

be

limite

d to

:W

heth

er th

e al

tern

ate

form

mee

ts th

e re

quire

men

ts fo

r th

e co

nten

ts o

f an

IEP

und

er O

AR

s 58

1-01

5-00

68, 5

81-0

15-0

102,

and

581

-015

-056

8; a

ndW

heth

er u

se o

f the

alte

rnat

e fo

rm w

ill r

educ

e un

nece

ssar

y or

con

fusi

ngpa

perw

ork.

(3)

The

Dep

artm

ent m

ay e

stab

lish

date

s fo

r su

bmis

sion

of t

he a

ltern

ate

form

for

appr

oval

.(4

) W

ithin

10

days

of t

he e

stab

lishe

d da

te o

f sub

mis

sion

of t

he a

ltern

ate

form

for

appr

oval

, the

Dep

artm

ent s

hall

deci

de;

(a)

Whe

ther

the

alte

rnat

e fo

rm is

app

rove

d or

dis

appr

oved

; and

(b)

Any

con

ditio

ns th

at a

pply

to th

e us

e of

the

alte

rnat

e fo

rm.

(5)

The

sch

ool d

istr

ict m

ay a

sk fo

r a

reco

nsid

erat

ion

of th

e de

cisi

on w

ithin

30 d

ays

of r

ecei

ving

the

Dep

artm

ent’s

dec

isio

n in

sub

sect

ion

(4).

The

Dep

artm

ent w

ill is

sue

a w

ritte

n re

spon

se to

the

dist

rict o

f the

reco

nsid

erat

ion

with

in 3

0 da

ys o

f rec

eivi

ng th

e re

ques

t.

1.T

he s

tude

nt's

reg

ular

edu

catio

n te

ache

r(s)

;

2.T

he s

tude

nt's

spe

cial

edu

catio

n te

ache

r(s)

; and

3.T

he s

tude

nt's

rel

ated

ser

vice

s pr

ovid

er(s

) an

d ot

her

serv

ice

prov

ider

(s).

G.

The

dis

tric

t ens

ures

that

eac

h te

ache

r an

d se

rvic

e pr

ovid

er is

info

rmed

of t

heir

spec

ific

resp

onsi

bilit

ies

for

impl

emen

ting

the

IEP

spec

ific

acco

mm

odat

ions

, mod

ifica

tions

, and

/or

supp

orts

that

mus

tbe

pro

vide

d fo

r, o

r on

beh

alf o

f the

stu

dent

, to

fully

impl

emen

t the

IEP

.

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.7

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

(6)

If th

e sc

hool

dis

tric

t cha

nges

or

mod

ifies

the

appr

oved

alte

rnat

e fo

rmth

ey m

ust s

ubm

it th

e fo

rm fo

r ap

prov

al p

rior

to it

s us

e.(7

) T

he d

ecis

ions

of t

he D

epar

tmen

t sha

ll be

fina

l.

[OR

S 3

43.1

51]

OA

R 5

81-0

15-0

065

IEP

Mee

tin

gs

and

Tim

elin

es

(1)

A s

choo

l dis

tric

t sha

ll co

nduc

t a m

eetin

g to

dev

elop

an

initi

al IE

Pw

ithin

30

cale

ndar

day

s of

a d

eter

min

atio

n th

at th

e ch

ild n

eeds

spec

ial e

duca

tion.

(2)

A s

choo

l dis

tric

t sha

ll in

itiat

e an

d co

nduc

t mee

tings

to r

evie

w a

ndre

vise

as

appr

opria

te e

ach

child

's IE

P p

erio

dica

lly b

ut a

t lea

st o

nce

ever

y 36

5 da

ys:

(a)

To

dete

rmin

e w

heth

er th

e an

nual

goa

ls fo

r th

e ch

ild a

re b

eing

achi

eved

; and

(b)

To

revi

se th

e IE

P a

s ap

prop

riate

to a

ddre

ss:

(A)

Any

lack

of e

xpec

ted

prog

ress

tow

ard

the

annu

al g

oals

des

crib

ed in

OA

R 5

81-0

15-0

068,

and

in th

e ge

nera

l cur

ricul

um, i

f app

ropr

iate

;(B

) T

he r

esul

ts o

f any

ree

valu

atio

n co

nduc

ted

unde

r O

AR

581

-015

-007

4;(C

) E

xist

ing

info

rmat

ion

abou

t the

chi

ld p

rovi

ded

to, o

r by

, the

par

ents

;(D

) T

he c

hild

's a

ntic

ipat

ed n

eeds

; or

(E)

Oth

er m

atte

rs.

(3)

A s

choo

l dis

tric

t sha

ll co

nduc

t an

IEP

mee

ting

mor

e fr

eque

ntly

than

ann

ually

if it

bel

ieve

s th

at a

cha

nge

in th

e IE

P m

ay b

ene

cess

ary

to e

nsur

e th

e pr

ovis

ion

of a

free

app

ropr

iate

pub

liced

ucat

ion

to th

e ch

ild.

(4)

A p

aren

t may

req

uest

a m

eetin

g at

any

tim

e to

rev

iew

or

revi

seth

e IE

P if

the

pare

nt b

elie

ves

that

:(a

) T

he s

choo

l dis

tric

t has

not

mad

e a

good

faith

effo

rt to

impl

emen

t the

IEP

;(b

) T

he IE

P is

not

effe

ctiv

e fo

r th

e ch

ild; o

r

II. I

EP

Mee

tin

gs

A.

The

dis

tric

t ini

tiate

s an

d co

nduc

ts IE

P m

eetin

gs a

t lea

st a

nnua

lly(e

very

365

day

s) fo

r th

e pu

rpos

e of

dev

elop

ing,

rev

iew

ing,

and

revi

sing

an

elig

ible

stu

dent

’s IE

P.

B.

IEP

mee

tings

are

con

duct

ed w

ithin

30

cale

ndar

day

s of

the

dete

rmin

atio

n th

at th

e st

uden

t nee

ds s

peci

al e

duca

tion

and

rela

ted

serv

ices

.

C.

Eac

h el

igib

le s

tude

nt’s

IEP

is r

evie

wed

and

rev

ised

at l

east

onc

e a

year

to d

eter

min

e w

heth

er a

nnua

l goa

ls fo

r th

e st

uden

t are

bei

ngac

hiev

ed, a

nd to

mak

e ne

cess

ary

revi

sion

s to

add

ress

:

1.A

ny la

ck o

f ant

icip

ated

pro

gres

s to

war

d an

nual

goa

ls a

nd/o

rpr

ogre

ss in

the

gene

ral c

urric

ulum

;

2.R

esul

ts o

f any

ree

valu

atio

n;

3.In

form

atio

n pr

ovid

ed a

bout

the

stud

ent t

o or

by

the

pare

nt;

antic

ipat

ed n

eeds

; and

4.O

ther

mat

ters

rel

ated

to th

e st

uden

t’s s

peci

al e

duca

tion

need

s.

D.

The

dis

tric

t con

duct

s an

IEP

mee

ting

any

time

it be

lieve

s th

at a

chan

ge in

the

IEP

may

be

nece

ssar

y to

ens

ure

FA

PE

to th

e st

uden

t.

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.8

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

(c)

The

re is

ano

ther

rea

son

for

revi

ew.

(5)

In r

espo

nse

to a

par

ent r

eque

st fo

r an

IEP

mee

ting,

the

scho

oldi

stric

t sha

ll:(a

) H

old

an IE

P m

eetin

g w

ithin

a r

easo

nabl

e tim

e; o

r(b

) P

rovi

de th

e pa

rent

with

prio

r w

ritte

n no

tice

of th

e di

stric

t's r

efus

al to

hol

dan

IEP

mee

ting

unde

r O

AR

581

-015

-007

5.

[Fed

eral

Reg

ulat

ion:

34

CF

R 3

00.3

43]

E.

Par

ents

may

req

uest

a m

eetin

g at

any

tim

e to

rev

iew

or

revi

se th

eIE

P if

they

bel

ieve

that

the

dist

rict h

as n

ot a

cted

in g

ood

faith

inde

velo

ping

or

impl

emen

ting

the

IEP

, if t

hey

feel

that

the

IEP

is n

otef

fect

ive,

or

for

any

othe

r re

ason

for

whi

ch a

rev

iew

wou

ld b

eap

prop

riate

.

F.

Whe

n th

e pa

rent

req

uest

s a

mee

ting

the

dist

rict w

ill e

ither

:

1.S

ched

ule

a m

eetin

g w

ithin

a r

easo

nabl

e tim

e, o

r

2.P

rovi

de w

ritte

n pr

ior

notic

e of

the

dist

rict’s

ref

usal

to h

old

am

eetin

g.

G.

If a

part

icip

atin

g ag

ency

fails

to p

rovi

de a

gree

d up

on tr

ansi

tion

serv

ices

con

tain

ed in

the

IEP

, an

IEP

mee

ting

is in

itiat

ed fo

r th

epu

rpos

e of

iden

tifyi

ng a

ltern

ativ

e st

rate

gies

to m

eet t

he tr

ansi

tion

obje

ctiv

es a

nd, i

f nec

essa

ry, r

evis

ing

the

IEP

.

H.

The

dis

tric

t pro

vide

s pr

ior

writ

ten

notic

e to

the

pare

nt u

pon

com

plet

ion

of th

e IE

P, a

nd b

efor

e im

plem

enta

tion

of IE

P s

ervi

ces,

if:

1.T

he IE

P c

hang

es th

e pr

ovis

ion

of F

AP

E to

the

stud

ent (

e.g.

,ad

ding

or

disc

ontin

uing

a s

peci

al e

duca

tion

or r

elat

ed s

ervi

ce);

or

2.T

he IE

P te

am r

efus

es a

par

ent r

eque

st fo

r a

chan

ge in

the

prov

isio

n of

FA

PE

to th

e st

uden

t.

581-

015-

0066

IEP

Tea

m

R

EVIS

ED

(1)

Sch

ool d

istr

icts

sha

ll en

sure

that

eac

h IE

P T

eam

mee

ting

incl

udes

the

III.

IEP

Tea

m m

emb

ers

A.

IEP

Tea

m m

embe

rs in

clud

e th

e fo

llow

ing:

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.9

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

follo

win

g pa

rtic

ipan

ts:

(a)

One

or

both

of t

he c

hild

's p

aren

ts, e

xcep

t as

prov

ided

in O

AR

581

-015

-00

67;

(b)

The

chi

ld w

here

app

ropr

iate

;(c

) A

t lea

st o

ne r

egul

ar e

duca

tion

teac

her

of th

e ch

ild, i

f the

chi

ld is

or

may

be p

artic

ipat

ing

in th

e re

gula

r ed

ucat

ion

envi

ronm

ent,

cons

iste

nt w

ithse

ctio

n (3

) of

this

rul

e;(d

) A

t lea

st o

ne s

peci

al e

duca

tion

teac

her

of th

e ch

ild o

r, if

app

ropr

iate

, at

leas

t one

spe

cial

edu

catio

n pr

ovid

er o

f the

chi

ld;

(e)

A r

epre

sent

ativ

e of

the

scho

ol d

istr

ict,

who

may

als

o be

ano

ther

mem

ber

of th

e te

am, w

ho is

:(A

) Q

ualif

ied

to p

rovi

de, o

r su

perv

ise

the

prov

isio

n of

, spe

cial

edu

catio

n;(B

) K

now

ledg

eabl

e ab

out t

he g

ener

al c

urric

ulum

;(C

) K

now

ledg

eabl

e ab

out d

istr

ict r

esou

rces

; and

(D)

Aut

horiz

ed to

com

mit

dist

rict r

esou

rces

and

ens

ure

that

ser

vice

s se

t out

in th

e IE

P w

ill b

e pr

ovid

ed.

(f)

An

indi

vidu

al, w

ho m

ay a

lso

be a

noth

er m

embe

r of

the

team

, who

iskn

owle

dgea

ble

abou

t the

chi

ld's

dis

abili

ty a

nd w

ho c

an in

terp

ret t

hein

stru

ctio

nal i

mpl

icat

ions

of t

he e

valu

atio

n re

sults

;(g

) O

ther

indi

vidu

als

invi

ted

by:

(A)

The

par

ent,

who

m th

e pa

rent

det

erm

ines

to h

ave

know

ledg

e or

spe

cial

expe

rtis

e re

gard

ing

the

child

; or

(B)

The

sch

ool d

istr

ict,

who

m th

e sc

hool

dis

tric

t det

erm

ines

to h

ave

know

ledg

e or

spe

cial

exp

ertis

e re

gard

ing

the

child

; and

(h)

Tra

nsiti

on s

ervi

ces

part

icip

ants

, as

desc

ribed

in s

ectio

n (2

) of

this

rul

e.(2

) T

rans

ition

ser

vice

s pa

rtic

ipan

ts s

hall

be a

s fo

llow

s:(a

) If

a pu

rpos

e of

the

mee

ting

is th

e co

nsid

erat

ion

of tr

ansi

tion

for

ast

uden

t, th

e sc

hool

dis

tric

t sha

ll in

vite

the

stud

ent.

If th

e st

uden

t doe

s no

tat

tend

the

mee

ting,

the

scho

ol d

istr

ict s

hall

take

oth

er s

teps

to e

nsur

e th

atth

e st

uden

t's p

refe

renc

es a

nd in

tere

sts

are

cons

ider

ed.

(b)

If a

purp

ose

of th

e m

eetin

g is

the

cons

ider

atio

n of

tran

sitio

n se

rvic

es fo

ra

stud

ent,

the

scho

ol d

istr

ict s

hall

also

invi

te a

rep

rese

ntat

ive

of a

ny o

ther

1.

One

or

both

of t

he s

tude

nt’s

par

ents

;

2.

The

stu

dent

, whe

n ap

prop

riate

;

3.

The

stu

dent

’s s

peci

al e

duca

tion

teac

her

or s

peci

aled

ucat

ion

prov

ider

;

4.

The

stu

dent

’s r

egul

ar e

duca

tion

teac

her,

or

if th

e st

uden

tdo

es n

ot h

ave

a re

gula

r ed

ucat

ion

teac

her,

a te

ache

rqu

alifi

ed to

teac

h a

stud

ent t

he s

ame

age;

5.

A r

epre

sent

ativ

e of

the

dist

rict,

who

may

als

o be

ano

ther

mem

ber

of th

e te

am, w

ho is

qua

lifie

d to

pro

vide

or

supe

rvis

eth

e pr

ovis

ion

of s

peci

al e

duca

tion

and

is k

now

ledg

eabl

eab

out t

he g

ener

al c

urric

ulum

, and

abo

ut p

rogr

am o

ptio

ns,

acad

emic

, non

acad

emic

, and

ext

racu

rric

ular

act

iviti

es.

Are

pres

enta

tive

of th

e di

stric

t will

hav

e th

e au

thor

ity to

com

mit

dist

rict r

esou

rces

, and

be

able

to e

nsur

e th

at a

llse

rvic

es id

entif

ied

in th

e IE

P c

an b

e de

liver

ed;

6.

An

indi

vidu

al, w

ho m

ay a

lso

be a

noth

er m

embe

r of

the

team

, who

is k

now

ledg

eabl

e ab

out t

he s

tude

nt’s

dis

abili

ty,

and

who

can

inte

rpre

t the

inst

ruct

iona

l im

plic

atio

ns o

f the

eval

uatio

n re

sults

;

7.A

t the

dis

cret

ion

of th

e pa

rent

or

dist

rict,

othe

r in

divi

dual

s,in

clu

din

g r

elat

ed s

ervi

ce p

erso

nn

el, a

s ap

pro

pri

ate,

who

have

kno

wle

dge

or s

peci

al e

xper

tise

rega

rdin

g th

e st

uden

t;

8.T

he s

tude

nt, i

f the

pur

pose

of t

he IE

P m

eetin

g in

clud

es th

eco

nsid

erat

ion

of tr

ansi

tion

need

s (b

egin

ning

at a

ge 1

4, o

r

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.10

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

agen

cy th

at is

like

ly to

be

resp

onsi

ble

for

prov

idin

g or

pay

ing

for

tran

sitio

nse

rvic

es. I

f an

agen

cy in

vite

d to

sen

d a

repr

esen

tativ

e to

a m

eetin

g do

esno

t do

so, t

he s

choo

l dis

tric

t sha

ll ta

ke o

ther

ste

ps to

obt

ain

the

part

icip

atio

nof

the

othe

r ag

ency

in th

e pl

anni

ng o

f any

tran

sitio

n se

rvic

es.

(3)

The

reg

ular

edu

catio

n te

ache

r sh

all p

artic

ipat

e, to

the

exte

ntap

prop

riate

, in

the

deve

lopm

ent,

revi

ew, a

nd r

evis

ion

of th

e ch

ild's

IEP

,in

clud

ing

assi

stin

g in

the

dete

rmin

atio

n of

:(a

) N

eces

sary

mod

ifica

tions

to th

e ge

nera

l cur

ricul

um in

the

regu

lar

clas

sroo

m a

nd p

artic

ipat

ion

in th

e re

gula

r ed

ucat

ion

envi

ronm

ent;

(b)

Sup

plem

enta

ry a

ids

and

serv

ices

, pro

gram

mod

ifica

tions

or

supp

orts

for

scho

ol p

erso

nnel

that

will

be

prov

ided

for

the

child

; and

(c)

App

ropr

iate

pos

itive

beh

avio

ral i

nter

vent

ions

and

str

ateg

ies

for

the

child

.(4

) F

or th

e pu

rpos

es o

f sec

tion

(3)

of th

is r

ule,

"to

the

exte

nt a

ppro

pria

te"

mea

ns:

(a)

For

thos

e po

rtio

ns o

f the

chi

ld's

IEP

that

reg

ular

edu

catio

n te

ache

rs m

aybe

res

pons

ible

for

impl

emen

ting;

or

(b)

Whe

n th

e re

gula

r ed

ucat

ion

teac

her's

kno

wle

dge

abou

t the

stu

dent

or

abou

t the

gen

eral

edu

catio

n cu

rric

ulum

is n

eces

sary

for

IEP

team

dec

isio

n-m

akin

g.

Sta

t. A

uth.

: OR

S 3

43.0

41, O

RS

343

.045

& O

RS

343

.055

Sta

ts. I

mpl

emen

ted:

OR

S 3

43.0

45 &

OR

S 3

43.1

55H

ist.:

1E

B 2

69, f

. & e

f. 12

-22-

77; E

B 9

-199

3, f.

& c

ert.

ef. 3

-25-

93; O

DE

32-

1999

, f. 1

2-13

-99,

cer

t. ef

. 12-

14-9

9

youn

ger

if ap

prop

riate

);

9.

The

stu

dent

, and

a r

epre

sent

ativ

e of

any

oth

er a

genc

y th

atis

like

ly to

be

resp

onsi

ble

for

prov

idin

g or

pay

ing

for

tran

sitio

n se

rvic

es if

the

purp

ose

of th

e IE

P m

eetin

gin

clud

es th

e co

nsid

erat

ion

of tr

ansi

tion

serv

ices

(be

ginn

ing

at a

ge 1

6, o

r yo

unge

r if

appr

opria

te);

and

10.

If th

e di

stric

t has

ref

erre

d or

pla

ced

a st

uden

t in

an E

SD

,S

tate

Ope

rate

d P

rogr

am, p

rivat

e fa

cilit

y, o

r an

y ot

her

prog

ram

, IE

P T

eam

mem

bers

hip

will

incl

ude

are

pres

enta

tive

from

the

appr

opria

te a

genc

ies.

Par

ticip

atio

nm

ay c

onsi

st o

f atte

ndin

g th

e m

eetin

g, c

onfe

renc

e ca

ll, o

rpa

rtic

ipat

ing

thro

ugh

othe

r m

eans

.

B.

Par

ticip

atio

n of

the

regu

lar

educ

atio

n te

ache

r:

1.If

the

stud

ent i

s, o

r m

ay b

e, p

artic

ipat

ing

in th

e re

gula

red

ucat

iona

l env

ironm

ent,

the

regu

lar

educ

atio

n te

ache

r w

ill,

to th

e ex

tent

app

ropr

iate

, par

ticip

ate

in th

e de

velo

pmen

t and

revi

ew o

f the

IEP

. If

the

stud

ent h

as m

ore

than

one

reg

ular

educ

atio

n te

ache

r, th

e sc

hool

dis

tric

t will

det

erm

ine

whi

chte

ache

r or

teac

hers

will

par

ticip

ate.

The

reg

ular

edu

catio

nte

ache

r(s)

will

par

ticip

ate

in d

iscu

ssio

ns a

nd d

ecis

ions

rega

rdin

g:

a.P

artic

ipat

ion

in th

e ge

nera

l cur

ricul

um a

nd in

the

regu

lar

educ

atio

n en

viro

nmen

t;

b.S

uppl

emen

tal a

ids

and

serv

ices

, pro

gram

mod

ifica

tions

,an

d/or

sup

port

s to

be

prov

ided

for

the

stud

ent o

r on

beha

lf of

the

stud

ent;

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.11

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

c.A

ppro

pria

te p

ositi

ve b

ehav

iora

l int

erve

ntio

ns a

ndst

rate

gies

; and

d.A

ll po

rtio

ns o

f the

IEP

they

may

be

impl

emen

ting.

581-

015-

0068

Co

nte

nt

of

IEP

RE

VIS

ED

(1)

The

indi

vidu

aliz

ed e

duca

tion

prog

ram

sha

ll in

clud

e:(a

) A

sta

tem

ent o

f the

chi

ld's

pre

sent

leve

ls o

f edu

catio

nal

perf

orm

ance

, inc

ludi

ng h

ow th

e ch

ild's

dis

abili

ty a

ffect

s th

e ch

ild's

invo

lvem

ent a

nd p

rogr

ess

in th

e ge

nera

l cur

ricul

um.

(b)

A s

tate

men

t of m

easu

rabl

e an

nual

goa

ls, i

nclu

ding

sho

rt-t

erm

obje

ctiv

es r

elat

ed to

:(A

) M

eetin

g th

e ch

ild's

nee

ds th

at r

esul

t fro

m th

e ch

ild's

dis

abili

ty to

ena

ble

the

child

to b

e in

volv

ed in

and

pro

gres

s in

the

gene

ral c

urric

ulum

, and

(B)

Mee

ting

each

of t

he c

hild

's o

ther

edu

catio

nal n

eeds

that

res

ult f

rom

the

child

's d

isab

ility

.(c

) A

sta

tem

ent o

f the

spe

cific

spe

cial

edu

catio

n an

d re

late

d se

rvic

esan

d su

pple

men

tary

aid

s an

d se

rvic

es to

be

prov

ided

to th

e ch

ild, o

ron

beh

alf o

f the

chi

ld, a

nd a

sta

tem

ent o

f the

pro

gram

mod

ifica

tions

or s

uppo

rts

for

scho

ol p

erso

nnel

that

will

be

prov

ided

for

the

child

:(A

) T

o ad

vanc

e ap

prop

riate

ly to

war

d at

tain

ing

the

annu

al g

oals

;(B

) T

o be

invo

lved

and

pro

gres

s in

the

gene

ral c

urric

ulum

and

to p

artic

ipat

ein

ext

racu

rric

ular

and

oth

er n

onac

adem

ic a

ctiv

ities

; and

(C)

To

be e

duca

ted

and

part

icip

ate

with

oth

er c

hild

ren

with

dis

abili

ties

and

non-

disa

bled

chi

ldre

n.(d

) T

he p

roje

cted

dat

es fo

r in

itiat

ion

of s

ervi

ces

and

mod

ifica

tions

and

the

antic

ipat

ed fr

eque

ncy,

am

ount

, loc

atio

n an

d du

ratio

n of

the

serv

ices

and

mod

ifica

tions

des

crib

ed in

sub

sect

ion(

1)(c

) of

this

rul

e.(e

) A

n ex

plan

atio

n of

the

exte

nt, i

f any

, to

whi

ch th

e ch

ild w

ill n

otpa

rtic

ipat

e w

ith n

on-d

isab

led

child

ren

in th

e re

gula

r cl

ass

and

IV.

Co

nte

nt

of

the

IEP

A.

The

IEP

for

each

elig

ible

stu

dent

incl

udes

:

1.A

sta

tem

ent o

f the

stu

dent

’s p

rese

nt le

vels

of e

duca

tiona

lpe

rfor

man

ce.

The

sta

tem

ent:

a.

Incl

udes

a d

escr

iptio

n of

how

the

disa

bilit

y ef

fect

s th

epr

ogre

ss a

nd in

volv

emen

t in

the

gene

ral c

urric

ulum

;

b.

Des

crib

es th

e re

sults

of a

ny e

valu

atio

ns c

ondu

cted

,in

clud

ing

func

tiona

l and

dev

elop

men

tal i

nfor

mat

ion;

c.

Is w

ritte

n in

lang

uage

that

is u

nder

stoo

d by

all

IEP

Tea

m m

embe

rs, i

nclu

ding

the

pare

nts;

and

d.

Is c

lear

ly li

nked

to th

e an

nual

goa

l sta

tem

ent(

s).

2.A

sta

tem

ent o

f mea

sura

ble

annu

al g

oals

, inc

ludi

ng s

hort

-te

rm o

bjec

tives

. T

he g

oals

and

obj

ectiv

es a

re w

ritte

n to

:

a.

Mee

t the

stu

dent

’s n

eeds

that

are

pre

sent

bec

ause

of

the

disa

bilit

y, o

r be

caus

e of

beh

avio

r th

at in

terf

eres

with

the

stud

ent’s

abi

lity

to le

arn,

or

impe

des

the

lear

ning

of

othe

r st

uden

ts;

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.12

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

activ

ities

des

crib

ed in

sub

sect

ion(

1)(c

) of

this

rul

e.(f

) A

sta

tem

ent o

f any

indi

vidu

al m

odifi

catio

ns a

nd a

ccom

mod

atio

ns in

the

adm

inis

trat

ion

of S

tate

or

dist

rict-

wid

e as

sess

men

ts o

f stu

dent

achi

evem

ent,

incl

udin

g ex

tend

ed a

nd ju

ried

asse

ssm

ents

that

are

need

ed fo

r th

e ch

ild to

par

ticip

ate

in th

e as

sess

men

t.(A

) A

chi

ld s

hall

not b

e ex

empt

from

par

ticip

atio

n in

Sta

te o

r di

stric

t-w

ide

asse

ssm

ent,

incl

udin

g ex

tend

ed a

nd ju

ried

asse

ssm

ents

, bec

ause

of a

disa

bilit

y, u

nles

s th

e pa

rent

has

req

uest

ed a

n ex

empt

ion

unde

r O

AR

581

-02

2-06

12.

(B)

If th

e IE

P te

am d

eter

min

es th

at th

e ch

ild w

ill n

ot p

artic

ipat

e in

a g

ener

alS

tate

or

dist

rict-

wid

e as

sess

men

t of s

tude

nt a

chie

vem

ent (

or p

art o

f an

asse

ssm

ent)

, a s

tate

men

t of w

hy th

at a

sses

smen

t is

not a

ppro

pria

te fo

r th

ech

ild a

nd h

ow th

e ch

ild w

ill b

e as

sess

ed.

(C)

For

the

purp

oses

of s

ubse

ctio

n (f

):(i)

“G

ener

al a

sses

smen

t” m

eans

ass

essm

ent t

hat r

esul

ts in

sta

ndar

dsc

orin

g, in

clud

ing

the

adm

inis

trat

ion

of a

t or

abov

e le

vel b

ench

mar

kte

stin

g, w

ith o

r w

ithou

t acc

omm

odat

ions

, and

/or

jurie

d as

sess

men

t.(ii

) "M

odifi

catio

n" m

eans

sub

stan

tial c

hang

es in

wha

t a s

tude

nt is

expe

cted

to le

arn

and/

or d

emon

stra

te. T

he c

hang

es a

re m

ade

topr

ovid

e a

stud

ent o

ppor

tuni

ties

to p

artic

ipat

e m

eani

ngfu

lly a

ndpr

oduc

tivel

y in

lear

ning

exp

erie

nces

and

env

ironm

ents

. The

y in

clud

ech

ange

s in

inst

ruct

iona

l lev

el, c

onte

nt, a

nd p

erfo

rman

ce c

riter

ia.

(iii)

"Acc

omm

odat

ion"

mea

ns a

n al

tera

tion

in h

ow a

test

is p

rese

nted

to o

r re

spon

ded

to b

y th

e pe

rson

test

ed; i

t inc

lude

s a

varie

ty o

fal

tera

tions

in p

rese

ntat

ion

form

at, r

espo

nse

form

at, s

ettin

g w

hich

the

test

is ta

ken,

tim

ing

or s

ched

ulin

g. T

he a

ltera

tions

do

not s

ubst

antia

llych

ange

leve

l, co

nten

t or

perf

orm

ance

crit

eria

. The

cha

nges

are

mad

ein

ord

er to

pro

vide

a s

tude

nt e

qual

acc

ess

to le

arni

ng a

nd e

qual

oppo

rtun

ity to

dem

onst

rate

wha

t is

know

n.(g

) A

sta

tem

ent o

f:(A

) H

ow th

e ch

ild's

pro

gres

s to

war

d th

e an

nual

goa

ls w

ill b

e m

easu

red;

and

(B)

How

the

child

's p

aren

ts w

ill b

e re

gula

rly in

form

ed, a

t lea

st a

s of

ten

as

b.

Ena

ble

the

stud

ent t

o be

invo

lved

in a

nd p

rogr

ess

in th

ege

nera

l cur

ricul

um, a

s ap

prop

riate

; and

c.

Cle

arly

des

crib

e th

e an

ticip

ated

out

com

es, i

nclu

ding

inte

rmed

iate

ste

ps, t

hat s

erve

as

a m

easu

re o

f pro

gres

sto

war

d th

e go

al.

3.A

sta

tem

ent o

f the

spe

cial

edu

catio

n se

rvic

es, r

elat

edse

rvic

es, s

uppl

emen

tary

aid

s an

d se

rvic

es, p

rogr

amm

odifi

catio

ns, a

nd s

uppo

rts

for

scho

ol p

erso

nnel

that

will

be

prov

ided

to th

e st

uden

t, or

on

beha

lf of

the

stud

ent.

The

sese

rvic

es, m

odifi

catio

ns, a

nd s

uppo

rts

are

deve

lope

d fo

r th

est

uden

t to:

a.

Mee

t the

ann

ual g

oals

;

b.

Be

invo

lved

and

pro

gres

s in

the

gene

ral c

urric

ulum

;

c.B

e in

volv

ed a

nd p

artic

ipat

e in

ext

racu

rric

ular

and

oth

erno

naca

dem

ic a

ctiv

ities

; and

d.B

e ed

ucat

ed a

nd p

artic

ipat

e w

ith o

ther

stu

dent

s, w

ithan

d w

ithou

t dis

abili

ties,

in a

cade

mic

, non

acad

emic

, and

extr

acur

ricul

ar a

ctiv

ities

.

4.F

or e

ach

spec

ial e

duca

tion

serv

ice,

rel

ated

ser

vice

,su

pple

men

tary

aid

and

ser

vice

, pro

gram

mod

ifica

tion,

and

supp

ort f

or s

choo

l per

sonn

el th

at w

ill b

e pr

ovid

ed to

the

stud

ent,

or o

n be

half

of th

e st

uden

t, a

desc

riptio

n of

:

a.

The

pro

ject

ed d

ate

for

initi

atio

n;

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.13

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

pare

nts

are

info

rmed

of t

heir

non-

disa

bled

chi

ldre

n's

prog

ress

, of:

(i) T

heir

child

's p

rogr

ess

tow

ard

the

annu

al g

oals

; and

(ii)

The

ext

ent t

o w

hich

that

pro

gres

s is

suf

ficie

nt to

ena

ble

the

child

toac

hiev

e th

e go

als

by th

e an

nual

IEP

rev

iew

dat

e.(2

) F

or th

e pu

rpos

es o

f tra

nsiti

on, t

he IE

P s

hall

incl

ude:

(a)

For

eac

h st

uden

t with

a d

isab

ility

beg

inni

ng a

t age

14

(or

youn

ger,

if de

term

ined

app

ropr

iate

by

the

IEP

team

), a

nd u

pdat

ed a

nnua

lly, a

stat

emen

t of t

he tr

ansi

tion

serv

ice

need

s of

the

stud

ent u

nder

the

appl

icab

le c

ompo

nent

s of

the

stud

ent's

IEP

that

focu

ses

on th

est

uden

t's c

ours

es o

f stu

dy;

(b)

For

eac

h st

uden

t beg

inni

ng a

t age

16

(or

youn

ger,

if d

eter

min

edap

prop

riate

by

the

IEP

team

), a

sta

tem

ent o

f nee

ded

tran

sitio

nse

rvic

es fo

r th

e st

uden

t, in

clud

ing,

if a

ppro

pria

te, a

sta

tem

ent o

f the

inte

rage

ncy

resp

onsi

bilit

ies

or a

ny n

eede

d lin

kage

s; a

nd(c

) B

egin

ning

a le

ast o

ne y

ear

befo

re a

stu

dent

rea

ches

age

18,

or

whe

n th

e di

stric

t obt

ains

act

ual k

now

ledg

e th

at w

ithin

one

yea

r th

est

uden

t will

mar

ry o

r be

com

e em

anci

pate

d pr

ior

to a

ge 1

8, a

stat

emen

t tha

t the

dis

tric

t has

info

rmed

the

stud

ent t

hat p

roce

dura

lrig

hts

will

tran

sfer

to th

e st

uden

t upo

n ag

e 18

, mar

riage

or

eman

cipa

tion,

whi

ch e

ver

occu

rs fi

rst.

Sta

t. A

uth.

: OR

S 3

43.0

45; 3

43.0

55, a

nd 3

43.1

95S

tats

. Im

plem

ente

d: 3

43.0

45; 3

43.1

55H

ist.:

1E

B 2

69, f

& e

f 12-

22-7

7; E

B 9

-199

3, f

& e

f 3-2

5-93

; OD

E 3

2-19

99,

f. 12

-13-

99, c

ert.

ef. 1

2-14

-99

b.

Pro

ject

ed d

urat

ion,

or

endi

ng d

ate;

c.

The

ant

icip

ated

am

ount

and

freq

uenc

y; a

nd w

ho is

resp

onsi

ble

for

impl

emen

tatio

n of

all

or p

art o

f an

IEP

;an

d

d.

The

ant

icip

ated

loca

tion.

5.A

sta

tem

ent o

f the

ext

ent,

if an

y, to

whi

ch th

e st

uden

t will

not p

artic

ipat

e:

a.W

ith n

ondi

sabl

ed s

tude

nts;

and

b.In

reg

ular

aca

dem

ic, n

onac

adem

ic, a

nd e

xtra

curr

icul

arac

tiviti

es.

6 A

sta

tem

ent

of

any

ind

ivid

ual

mo

dif

icat

ion

s an

dac

com

mo

dat

ion

s in

th

e ad

min

istr

atio

n o

f S

tate

or

dis

tric

t-w

ide

asse

ssm

ents

of

stu

den

t ac

hie

vem

ent,

incl

ud

ing

ext

end

ed a

nd

juri

ed a

sses

smen

ts, t

hat

are

nee

ded

fo

r th

e st

ud

ent

to p

arti

cip

ate

in t

he

asse

ssm

ent.

A s

tate

men

t tha

t des

crib

es h

ow th

e st

uden

t will

par

ticip

ate

inS

tate

wid

e an

d di

stric

twid

e as

sess

men

ts o

f, w

hich

incl

udes

:

7.

A s

tud

ent

will

no

t b

e ex

emp

t fr

om

par

tici

pat

ion

in S

tate

or

dis

tric

t-w

ide

asse

ssm

ent,

incl

ud

ing

ext

end

ed a

nd

juri

ed a

sses

smen

ts, b

ecau

se o

f a

dis

abili

ty u

nle

ss t

he

par

ent

req

ues

ts a

n e

xem

pti

on

.a.

A

des

crip

tion

of a

ccom

mod

atio

ns a

nd/o

r m

odifi

catio

ns,

if an

y, to

be

prov

ided

that

allo

w a

stu

dent

to p

artic

ipat

eei

ther

fully

or

part

ially

in s

uch

asse

ssm

ents

; and

,

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.14

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

8.

If th

e te

am d

eter

min

es th

at a

stu

dent

will

not

par

ticip

ate

in a

gen

eral

Sta

te o

r d

istr

ict-

wid

e as

sess

men

t o

f st

ud

ent

ach

ieve

men

t (o

r p

art

of

an a

sses

smen

t), a

sta

tem

ent

of

wh

y th

at a

sses

smen

t is

no

t ap

pro

pri

ate

for

the

stu

den

tan

d h

ow

th

e ch

ild w

ill b

e as

sess

ed.

Sta

tew

ide

and/

or d

istr

ictw

ide

asse

ssm

ent,

a st

atem

ent

is in

clud

ed to

exp

lain

the

reas

ons

why

a s

tude

nt is

bein

g ex

clud

ed, a

nd d

escr

ibes

how

the

stud

ent w

ill b

eas

sess

ed in

ano

ther

way

(s).

9.A

sta

tem

ent t

hat d

escr

ibes

how

the

stud

ent’s

pro

gres

sto

war

d co

mpl

etio

n of

the

annu

al g

oals

will

be

mea

sure

d,an

d ho

w th

is p

rogr

ess

will

be

repo

rted

to p

aren

ts a

t lea

st a

sof

ten

as p

rogr

ess

repo

rts

for

nond

isab

led

stud

ents

are

prov

ided

to p

aren

ts.

The

pro

gres

s re

port

s w

ill in

dica

te:

a.

The

pro

gres

s m

ade

tow

ard

com

plet

ion

of e

ach

annu

algo

al d

urin

g th

at r

epor

ting

perio

d; a

nd

b.

The

ext

ent t

o w

hich

the

prog

ress

will

allo

w th

e st

uden

tto

mee

t the

ann

ual g

oals

by

the

end

of th

e IE

P.

581-

015-

0568

IEP

Tea

m C

on

sid

erat

ion

s an

d S

pec

ial F

acto

rs R

EV

ISE

D

(1)

In d

evel

opin

g, r

evie

win

g an

d re

visi

ng th

e ch

ild's

IEP

, the

IEP

team

shal

l con

side

r:(a

) T

he s

tren

gths

of t

he c

hild

and

the

conc

erns

of t

he p

aren

ts fo

ren

hanc

ing

the

educ

atio

n of

thei

r ch

ild;

(b)

The

res

ults

of t

he in

itial

or

mos

t rec

ent e

valu

atio

n of

the

child

; and

V.

IEP

Tea

m C

on

sid

erat

ion

s an

d S

pec

ial F

acto

rs:

A.

In d

evel

opin

g, r

evie

win

g, a

nd r

evis

ing

the

IEP

, the

IEP

team

cons

ider

s:

1.T

he s

tren

gths

of t

he s

tude

nt a

nd c

once

rns

of th

e pa

rent

for

enha

ncin

g th

e ed

ucat

ion

of th

e st

uden

t;

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.15

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

(c)

As

appr

opria

te, t

he r

esul

ts o

f the

chi

ld's

per

form

ance

on

any

gene

ral

stat

e or

dis

tric

t-w

ide

asse

ssm

ent p

rogr

ams;

(2)

In d

evel

opin

g, r

evie

win

g an

d re

visi

ng th

e ch

ild's

IEP

, the

IEP

team

shal

l con

side

r th

e fo

llow

ing

spec

ial f

acto

rs:

(a)

The

com

mun

icat

ion

need

s of

the

child

; and

(b)

Whe

ther

the

child

req

uire

s as

sist

ive

tech

nolo

gy d

evic

es a

nd s

ervi

ces.

(3)

In d

evel

opin

g, r

evie

win

g an

d re

visi

ng th

e IE

P o

f chi

ldre

n de

scrib

edbe

low

, the

IEP

team

sha

ll co

nsid

er th

e fo

llow

ing

addi

tiona

l spe

cial

fact

ors:

(a)

For

a c

hild

who

se b

ehav

ior

impe

des

his

or h

er le

arni

ng o

r th

at o

fot

hers

, con

side

r st

rate

gies

, pos

itive

beh

avio

ral i

nter

vent

ions

, and

sup

port

sto

add

ress

that

beh

avio

r;(b

) F

or a

chi

ld w

ith li

mite

d E

nglis

h pr

ofic

ienc

y, c

onsi

der

the

lang

uage

need

s of

the

child

as

thos

e ne

eds

rela

te to

the

child

's IE

P;

(c)

For

a c

hild

who

is b

lind

or v

isua

lly im

paire

d, p

rovi

de fo

r in

stru

ctio

n in

Bra

ille

and

the

use

of B

raill

e un

less

the

IEP

team

det

erm

ines

, afte

r an

eval

uatio

n of

the

child

's r

eadi

ng a

nd w

ritin

g sk

ills,

nee

ds, a

nd a

ppro

pria

tere

adin

g an

d w

ritin

g m

edia

(in

clud

ing

an e

valu

atio

n of

the

child

's fu

ture

need

s fo

r in

stru

ctio

n in

Bra

ille

or th

e us

e of

Bra

ille)

, tha

t ins

truc

tion

inB

raill

e or

the

use

of B

raill

e is

not

app

ropr

iate

for

the

child

; and

(d)

For

a c

hild

who

is d

eaf o

r ha

rd o

f hea

ring,

con

side

r th

e ch

ild's

lang

uage

and

com

mun

icat

ion

need

s, o

ppor

tuni

ties

for

dire

ctco

mm

unic

atio

n w

ith p

eers

and

pro

fess

iona

l per

sonn

el in

the

child

’sla

ngua

ge a

nd c

omm

unic

atio

n m

ode,

aca

dem

ic le

vel,

and

full

rang

e of

need

s, in

clud

ing

oppo

rtun

ities

for

dire

ct in

stru

ctio

n in

the

child

's la

ngua

gean

d co

mm

unic

atio

n m

ode.

(4)

If, in

con

side

ring

thes

e sp

ecia

l fac

tors

, the

IEP

team

det

erm

ines

that

ach

ild n

eeds

a p

artic

ular

dev

ice

or s

ervi

ce (

incl

udin

g an

inte

rven

tion,

acco

mm

odat

ion,

or

othe

r pr

ogra

m m

odifi

catio

n) fo

r th

e ch

ild to

rec

eive

free

app

ropr

iate

pub

lic e

duca

tion,

the

IEP

team

sha

ll in

clud

e a

stat

emen

tto

that

effe

ct in

the

child

's IE

P.

(5)

Not

hing

in O

AR

581

-015

-006

8 or

this

rul

e sh

all b

e co

nstr

ued

to r

equi

reth

e IE

P te

am to

incl

ude

info

rmat

ion

unde

r on

e co

mpo

nent

of a

chi

ld's

IEP

2.T

he r

esul

ts o

f the

initi

al o

r m

ost r

ecen

t eva

luat

ion

of th

est

uden

t; an

d

3.A

s ap

prop

riate

, the

res

ults

of t

he s

tude

nt’s

per

form

ance

on

any

gene

ral S

tate

or

dist

rict-

wid

e as

sess

men

t.

B.

In d

evel

opin

g, r

evie

win

g, a

nd r

evis

ing

the

stud

ent’s

IEP

, the

IEP

team

con

side

rs th

e fo

llow

ing

spec

ial f

acto

rs:

1.T

he c

omm

unic

atio

n ne

eds

of th

e st

uden

t; an

d

2.T

he n

eed

for

assi

stiv

e te

chno

logy

ser

vice

s an

d/or

dev

ices

.

C.

As

appr

opria

te, t

he IE

P te

am a

lso

cons

ider

s th

e fo

llow

ing

spec

ial f

acto

rs:

1.F

or a

stu

dent

who

se b

ehav

ior

impe

des

his

or h

er le

arni

ng o

rth

at o

f oth

ers,

str

ateg

ies,

pos

itive

beh

avio

ral i

nter

vent

ion,

and

supp

orts

to a

ddre

ss th

at b

ehav

ior;

2.F

or a

stu

dent

with

lim

ited

Eng

lish

prof

icie

ncy,

the

lang

uage

need

s of

the

stud

ent a

s th

ose

need

s re

late

to th

e IE

P;

3.F

or a

stu

dent

who

is b

lind

or v

isua

lly im

paire

d, in

stru

ctio

n in

Bra

ille

and

the

use

of B

raill

e un

less

the

IEP

team

dete

rmin

es, a

fter

an e

valu

atio

n of

rea

ding

and

writ

ing

med

ia, i

nclu

ding

eva

luat

ion

of fu

ture

nee

ds fo

r in

stru

ctio

n in

Bra

ille

or th

e us

e of

Bra

ille,

that

inst

ruct

ion

in B

raill

e or

the

use

of B

raill

e is

not

app

ropr

iate

; and

4.F

or a

stu

dent

who

is d

eaf o

r ha

rd o

f hea

ring,

the

stud

ent’s

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.16

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

that

is a

lread

y co

ntai

ned

unde

r an

othe

r co

mpo

nent

of t

he c

hild

's IE

P.

Sta

t. A

uth.

: OR

S 3

43.0

41; 3

43.0

45; 3

43.1

55O

ther

Aut

horit

y: T

he in

divi

dual

s w

ith D

isab

ilitie

s E

duca

tion

Act

(ID

EA

)re

gula

tions

at 3

4 C

RR

300

.342

, 343

, 344

, 346

, 347

, 348

, and

350

Sta

ts. I

mpl

emen

ted:

OR

S 3

43.0

45 a

nd 3

43.1

55H

ist.:

OD

E 3

2-19

99, f

. 12-

13-9

9, c

ert.

ef. 1

2-14

-99

lang

uage

and

com

mun

icat

ion

need

s, in

clud

ing

oppo

rtun

ities

for

dire

ct c

omm

unic

atio

n w

ith

pee

rs a

nd

pro

fess

ion

alp

erso

nn

el in

th

e st

ud

ent’

s la

ng

uag

e an

dco

mm

un

icat

ion

mod

e, a

cade

mic

leve

l, an

d fu

ll ra

nge

ofne

eds,

incl

udin

g op

port

uniti

es fo

r di

rect

inst

ruct

ion

in th

est

uden

t’s la

ngua

ge a

nd c

omm

unic

atio

n m

ode.

D.

In a

dditi

on to

the

abov

e IE

P c

onte

nts,

the

IEP

for

each

elig

ible

stud

ent o

f tra

nsiti

on a

ge in

clud

es:

1.

Beg

inni

ng a

t age

14,

and

you

nger

if a

ppro

pria

te, a

stat

emen

t of t

rans

ition

ser

vice

nee

ds th

at fo

cus

on th

est

uden

t’s c

ours

e of

stu

dy; t

his

stat

emen

t mus

t be

upda

ted

annu

ally

;

2.

Beg

inni

ng a

t age

16,

and

you

nger

if a

ppro

pria

te, a

stat

emen

t of n

eede

d tr

ansi

tion

serv

ices

, inc

ludi

ng a

desc

riptio

n of

inte

rage

ncy

resp

onsi

bilit

ies

and

linka

ges,

ifan

y;

3.

At l

east

one

yea

r be

fore

a s

tude

nt r

each

es th

e ag

e of

maj

ority

(st

uden

t rea

ches

the

age

of 1

8, o

r ha

s m

arrie

d or

been

em

anci

pate

d, w

hich

ever

occ

urs

first

), a

sta

tem

ent t

hat

the

dist

rict h

as in

form

ed th

e st

uden

t tha

t all

proc

edur

alrig

hts

will

tran

sfer

at t

he a

ge o

f maj

ority

; and

4.

If id

entif

ied

tran

sitio

n se

rvic

e pr

ovid

ers

fail

to p

rovi

de a

ny o

fth

e se

rvic

es id

entif

ied

on th

e IE

P, t

he d

istr

ict w

ill in

itiat

e an

IEP

mee

ting

as s

oon

as p

ossi

ble

to a

ddre

ss a

ltern

ativ

est

rate

gies

, and

rev

ise

the

IEP

if n

eces

sary

.

OA

R 5

81-0

15-0

603

Inca

rcer

ated

Yo

uth

VI.

Inca

rcer

ated

Yo

uth

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.17

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

…(2

) F

or s

tude

nts

with

dis

abili

ties

who

are

con

vict

ed a

s ad

ults

,in

carc

erat

ed in

adu

lt co

rrec

tiona

l fac

ilitie

s, a

nd o

ther

wis

e en

title

d to

FA

PE

:(a

) th

e fo

llow

ing

IEP

req

uire

men

ts d

o no

t app

ly:

(A)

The

req

uire

men

ts c

onta

ined

in O

AR

581

-015

-006

8(1)

(f)

rela

ting

topa

rtic

ipat

ion

of c

hild

ren

with

dis

abili

ties

in s

tate

wid

e an

d sc

hool

dis

tric

tas

sess

men

ts; a

nd(B

) T

he r

equi

rem

ents

in O

AR

581

-015

-006

8(2)

rel

atin

g to

tran

sitio

npl

anni

ng a

nd tr

ansi

tion

serv

ices

, with

res

pect

to th

e st

uden

ts w

hose

elig

ibili

ty w

ill e

nd, b

ecau

se o

f the

ir ag

e, b

efor

e th

ey w

ill b

e el

igib

le to

be

rele

ased

from

adu

lt co

rrec

tiona

l fac

ilitie

s ba

sed

on c

onsi

dera

tion

of th

eir

sent

ence

and

elig

ibili

ty fo

r ea

rly r

elea

se.

(b)

The

IEP

team

may

mod

ify th

e st

uden

t's IE

P o

r pl

acem

ent i

f the

Sta

teha

s de

mon

stra

ted

a bo

na fi

de s

ecur

ity o

r co

mpe

lling

pen

olog

ical

inte

rest

that

can

not o

ther

wis

e be

acc

omm

odat

ed. T

he r

equi

rem

ents

of O

AR

581

-01

5-00

68(1

) re

latin

g to

IEP

s, a

nd O

AR

581

-015

-005

9 re

latin

g to

leas

tre

stric

tive

envi

ronm

ent,

do n

ot a

pply

with

res

pect

to th

ese

mod

ifica

tions

.(3

) F

or p

urpo

ses

of th

is r

ule,

“ad

ult c

orre

ctio

nal f

acili

ty”

has

the

mea

ning

set

fort

h in

OA

R 5

81-0

15-0

601(

5)(a

).

[Fed

eral

Reg

ulat

ion:

34

CF

R 3

00.3

11]

A.

For

stu

dent

s w

ith d

isab

ilitie

s w

ho a

re c

onvi

cted

as

adul

ts,

inca

rcer

ated

in a

dult

corr

ectio

nal f

acili

ties,

and

oth

erw

ise

entit

led

toF

AP

E, t

he fo

llow

ing

IEP

req

uire

men

ts d

o no

t app

ly:

1.P

artic

ipat

ion

of s

tude

nts

with

dis

abili

ties

in S

tate

and

dis

tric

t-w

ide

asse

ssm

ent;

and

2.T

rans

ition

pla

nnin

g an

d tr

ansi

tion

serv

ices

, for

stu

dent

s w

hose

elig

ibili

ty w

ill e

nd b

ecau

se o

f the

ir ag

e be

fore

they

will

be

elig

ible

to b

e re

leas

ed fr

om th

e ad

ult c

orre

ctio

nal f

acili

ty b

ased

on

cons

ider

atio

n of

thei

r se

nten

ce a

nd e

ligib

ility

for

early

rel

ease

.

B.

The

IEP

team

may

mod

ify th

e st

uden

t’s IE

P, i

f the

Sta

te h

asde

mon

stra

ted

a bo

na fi

de s

ecur

ity o

r co

mpe

lling

pen

olog

ical

inte

rest

that

can

not b

e ot

herw

ise

acco

mm

odat

ed.

OA

R 5

81-0

15-0

070

Sch

oo

l Dis

tric

t an

d P

arti

cip

atin

g A

gen

cyR

esp

on

sib

iliti

es f

or

Tra

nsi

tio

n S

ervi

ces

(1)

If a

part

icip

atin

g ag

ency

fails

to p

rovi

de a

gree

d-up

on tr

ansi

tion

serv

ices

con

tain

ed in

the

IEP

of a

stu

dent

with

a d

isab

ility

, the

sch

ool

dist

rict r

espo

nsib

le fo

r th

e st

uden

t's e

duca

tion

shal

l, as

soo

n as

poss

ible

, ini

tiate

an

IEP

mee

ting

to id

entif

y al

tern

ativ

e st

rate

gies

tom

eet t

he tr

ansi

tion

obje

ctiv

es fo

r th

e st

uden

t set

out

in th

e IE

P a

nd, i

fne

cess

ary,

to r

evis

e th

e st

uden

t's IE

P.

(2)

Not

hing

in th

is p

art r

elie

ves

any

part

icip

atin

g ag

ency

, inc

ludi

ng a

stat

e vo

catio

nal r

ehab

ilita

tion

agen

cy, o

f the

res

pons

ibili

ty to

pro

vide

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.18

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

or p

ay fo

r an

y tr

ansi

tion

serv

ice

that

the

agen

cy w

ould

oth

erw

ise

prov

ide

to s

tude

nts

with

dis

abili

ties

who

mee

t the

elig

ibili

ty c

riter

ia o

fth

at a

genc

y.

[Fed

eral

Reg

ulat

ion:

34

CF

R 3

00.3

48]

OA

R 5

81-0

15-0

605

Ext

end

ed S

cho

ol Y

ear

Ser

vice

s

(1)

Sch

ool d

istr

icts

sha

ll en

sure

that

ext

ende

d sc

hool

yea

r se

rvic

es a

reav

aila

ble

as n

eces

sary

to p

rovi

de a

free

app

ropr

iate

pub

lic e

duca

tion.

(2)

Ext

ende

d sc

hool

yea

r se

rvic

es m

ust b

e pr

ovid

ed o

nly

if th

e ch

ild's

IEP

team

det

erm

ines

, on

an in

divi

dual

bas

is, i

n ac

cord

ance

with

OA

R 5

81-0

15-

0064

thro

ugh

581-

015-

0070

, tha

t the

ser

vice

s ar

e ne

cess

ary

for

the

prov

isio

n of

free

app

ropr

iate

pub

lic e

duca

tion

to th

e ch

ild.

(3)

A s

choo

l dis

tric

t may

not

:(a

) Li

mit

exte

nded

sch

ool y

ear

serv

ices

to p

artic

ular

cat

egor

ies

of d

isab

ility

;or (b

) U

nila

tera

lly li

mit

the

type

, am

ount

, or

dura

tion

of th

ose

serv

ices

.(4

) T

he p

urpo

se o

f ext

ende

d sc

hool

yea

r se

rvic

es is

the

mai

nten

ance

of t

hech

ild’s

lear

ning

ski

lls o

r be

havi

or, n

ot th

e te

achi

ng o

f new

ski

lls o

rbe

havi

ors.

(5)

Sch

ool d

istr

icts

sha

ll de

velo

p cr

iteria

for

dete

rmin

ing

the

need

for

exte

nded

sch

ool y

ear

serv

ices

.(a

) C

riter

ia s

hall

incl

ude

regr

essi

on a

nd r

ecou

pmen

t tim

e ba

sed

ondo

cum

ente

d ev

iden

ce o

r, if

no

docu

men

ted

evid

ence

, on

pred

ictio

nsac

cord

ing

to th

e pr

ofes

sion

al ju

dgm

ent o

f the

team

.(b

) C

riter

ia m

ay in

clud

e ad

ditio

nal f

acto

rs s

uch

as:

(i) T

he n

atur

e an

d se

verit

y of

the

child

's d

isab

ility

;(ii

) T

he c

hild

's r

ate

of p

rogr

ess;

(iii)

The

ava

ilabi

lity

of a

ltern

ativ

e re

sour

ces;

(iv)

The

chi

ld's

nee

d to

inte

ract

with

chi

ldre

n w

ithou

t dis

abili

ties;

(v)

The

are

as o

f the

chi

ld’s

cur

ricul

um th

at n

eed

cont

inuo

us a

ttent

ion;

(vi)

The

chi

ld’s

voc

atio

nal n

eeds

;

VII.

Ext

end

ed S

cho

ol Y

ear

Ser

vice

s

A.

The

dis

tric

t mak

es e

xten

ded

scho

ol y

ear

(ES

Y)

serv

ices

ava

ilabl

e to

all s

tude

nts

for

who

m th

e IE

P T

eam

has

det

erm

ined

that

suc

hse

rvic

es a

re n

eces

sary

.

B.

ES

Y s

ervi

ces

are:

1.

Pro

vide

d to

a s

tude

nt w

ith a

dis

abili

ty in

add

ition

to th

e se

rvic

espr

ovid

ed d

urin

g th

e ty

pica

l sch

ool y

ear;

2.

Iden

tifie

d in

the

stud

ent’s

IEP

; and

3.

Pro

vide

d at

no

cost

to th

e pa

rent

.

C.

Con

side

ratio

n of

ES

Y s

ervi

ces

will

not

be

limite

d to

par

ticul

arca

tego

ries

of d

isab

ility

, and

will

not

be

limite

d to

a ty

pe, a

mou

nt, o

rdu

ratio

n of

ser

vice

.

D.

ES

Y s

ervi

ces

are

avai

labl

e to

mai

ntai

n th

e st

uden

t’s s

kills

or

beha

vior

; ES

Y s

ervi

ces

are

not p

rovi

ded

to te

ach

new

ski

lls o

rbe

havi

ors.

E.

The

dis

tric

t has

est

ablis

hed

crite

ria fo

r de

term

inin

g th

e ne

ed fo

r E

SY

serv

ices

.

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.19

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

(vii)

The

nat

ure

of s

ervi

ces

requ

este

d (e

.g. e

xtra

ordi

nary

or

inte

gral

to th

ech

ild’s

pro

gram

); a

nd(v

iii)

Em

ergi

ng s

kills

, or

brea

kthr

ough

opp

ortu

nitie

s, th

at w

ould

be

lost

with

out e

xten

ded

scho

ol y

ear

serv

ices

.(6

) F

or th

e pu

rpos

es o

f sec

tion

(5)

of th

is r

ule:

(a)

“reg

ress

ion”

mea

ns s

igni

fican

t los

s of

ski

lls o

r be

havi

ors

in a

ny a

rea

spec

ified

on

the

IEP

as

a re

sult

of a

n in

terr

uptio

n in

edu

catio

n se

rvic

es;

(b)

“rec

oupm

ent”

mea

ns th

e re

cove

ry o

f ski

lls o

r be

havi

ors

spec

ified

on

the

IEP

to a

leve

l dem

onst

rate

d be

fore

the

inte

rrup

tion

of e

duca

tion

serv

ices

.(7

) F

or th

e pu

rpos

es o

f thi

s ru

le,

"ext

ende

d sc

hool

yea

r se

rvic

es"

mea

nssp

ecia

l edu

catio

n an

d re

late

d se

rvic

es th

at:

(a)

Are

pro

vide

d to

a c

hild

with

a d

isab

ility

:(i)

Bey

ond

the

norm

al s

choo

l yea

r of

the

scho

ol d

istr

ict;

(ii)

In a

ccor

danc

e w

ith th

e ch

ild's

IEP

; and

(iii)

At n

o co

st to

the

pare

nts

of th

e ch

ild; a

nd(b

) M

eet t

he s

tand

ards

of t

he D

epar

tmen

t.

[Fed

eral

Reg

ulat

ion:

34

CF

R 3

00.3

09]

1.

The

se c

riter

ia in

clud

e:

a.E

vide

nce

of th

e st

uden

t’s r

egre

ssio

n an

d re

coup

men

t of

skill

s an

d/or

beh

avio

r, b

ased

on

docu

men

ted

evid

ence

; or

b.

If no

doc

umen

t evi

denc

e, p

redi

ctio

ns r

egar

ding

the

stud

ent’s

regr

essi

on a

nd r

ecou

pmen

t of s

kills

and

/or

beha

vior

.

c.

Reg

ress

ion

mea

ns a

sig

nific

ant l

oss

of s

kills

or

beha

vior

sth

at m

ay r

esul

t if s

ervi

ces

are

inte

rrup

ted.

d.

Rec

oupm

ent m

eans

the

abili

ty to

rec

over

ski

lls a

nd/o

rbe

havi

or to

a le

vel t

hat w

as a

chie

ved

prio

r to

the

inte

rrup

tion

of s

ervi

ce.

2.

Add

ition

al c

riter

ia w

hich

may

be

used

in d

eter

min

ing

the

need

for

ES

Y in

clud

es:

a.

The

nat

ure

and

seve

rity

of th

e di

sabi

lity;

b.

The

stu

dent

’s r

ate

of p

rogr

ess,

as

evid

ence

d th

roug

hev

alua

tion

data

and

/or

prog

ress

on

the

IEP

;

c.

Ava

ilabi

lity

of a

ltern

ativ

e re

sour

ces;

d.

The

stu

dent

’s n

eed

to in

tera

ct w

ith o

ther

stu

dent

s w

ith a

ndw

ithou

t dis

abili

ties;

e.

The

nee

d to

pro

vide

con

tinui

ng in

stru

ctio

n an

d su

ppor

t in

spec

ific

area

s of

the

stud

ent’s

cur

ricul

um;

f. T

he n

eed

to p

rovi

de c

ontin

uing

inst

ruct

ion

in s

uppo

rt o

f the

Sec

tion

6: I

ndiv

idua

lized

Edu

catio

n P

rogr

am (

IEP

)

O

rego

n A

dmin

istr

ativ

e R

ules

IND

IVID

UA

LIZ

ED

ED

UC

AT

ION

PR

OG

RA

M (

IEP

)O

RE

GO

N L

AW

PO

RT

LA

ND

PU

BL

IC S

CH

OO

L P

RO

CE

DU

RE

S

6.20

Rev

ised

: S

epte

mb

er 2

003

Secti

on

6:

IEP

stud

ent’s

voc

atio

nal n

eeds

;

g.

The

nat

ure

of th

e se

rvic

es r

eque

sted

(e.

g., s

ervi

ces

that

may

be

extr

aord

inar

y or

inte

gral

to th

e pr

ogra

m);

and

h.

Any

ski

lls th

at m

ay b

e em

ergi

ng o

r de

velo

ping

that

wou

ld b

elo

st w

ithou

t ES

Y s

ervi

ces.

OA

R 5

81-0

15-0

560

Ass

isti

ve T

ech

no

log

y

(1)

Sch

ool d

istr

icts

sha

ll en

sure

that

ass

istiv

e te

chno

logy

dev

ices

or

assi

stiv

e te

chno

logy

ser

vice

s, o

r bo

th, a

re m

ade

avai

labl

e to

a c

hild

with

adi

sabi

lity

if re

quire

d as

a p

art o

f the

chi

ld's

spe

cial

edu

catio

n, r

elat

edse

rvic

es o

r su

pple

men

tary

aid

s an

d se

rvic

es.

(2)

On

a ca

se-b

y-ca

se b

asis

, the

use

of s

choo

l-pur

chas

ed a

ssis

tive

tech

nolo

gy d

evic

es in

a c

hild

's h

ome

or in

oth

er s

ettin

gs is

req

uire

d if

the

child

's IE

P te

am d

eter

min

es th

at th

e ch

ild n

eeds

acc

ess

to th

ose

devi

ces

tore

ceiv

e a

free

app

ropr

iate

pub

lic e

duca

tion.

(3)

Sch

ool d

istr

ict p

olic

ies

shal

l gov

ern

liabi

lity,

if a

ny, f

or th

e lo

ss o

rda

mag

e of

ass

istiv

e te

chno

logy

dev

ices

.(4

) S

choo

l dis

tric

t pol

icie

s sh

all g

over

n tr

ansf

er o

f an

assi

stiv

e te

chno

logy

devi

ce w

hen

a ch

ild w

ith a

dis

abili

ty u

sing

the

devi

ce c

ease

s to

atte

ndsc

hool

in th

e di

stric

t tha

t pur

chas

ed th

e de

vice

. "T

rans

fer"

mea

ns th

epr

oces

s by

whi

ch a

sch

ool d

istr

ict t

hat h

as p

urch

ased

an

assi

stiv

ete

chno

logy

dev

ice

may

sel

l, le

ase

or lo

an th

e de

vice

for

the

cont

inui

ng u

seof

a c

hild

with

a d

isab

ility

who

is c

easi

ng to

atte

nd s

choo

l in

the

dist

rict.

[Fed

eral

Reg

ulat

ion:

34

CF

R 3

00.3

08]

VIII

. A

ssis

tive

Tec

hn

olo

gy

A.

The

dis

tric

t ens

ures

that

ass

istiv

e te

chno

logy

dev

ices

or

assi

stiv

ete

chno

logy

ser

vice

s, o

r bo

th, a

re m

ade

avai

labl

e if

they

are

iden

tifie

das

par

t of t

he s

tude

nt’s

IEP

. T

hese

ser

vice

s an

d/or

dev

ices

may

be

part

of t

he s

tude

nt’s

spe

cial

edu

catio

n, r

elat

ed s

ervi

ces,

or

supp

lem

enta

ry a

ids

and

serv

ices

.

B.

On

a ca

se-b

y-ca

se b

asis

, the

dis

tric

t per

mits

the

use

of s

choo

lpu

rcha

sed

assi

stiv

e te

chno

logy

dev

ices

in th

e st

uden

t’s h

ome

or in

othe

r se

tting

s if

the

stud

ent’s

IEP

team

det

erm

ines

that

the

stud

ent

need

s ac

cess

to th

ose

devi

ces

to r

ecei

ve a

free

app

ropr

iate

pub

liced

ucat

ion.

In

thes

e si

tuat

ions

, dis

tric

t pol

icy

will

gov

ern

liabi

lity

and

tran

sfer

of t

he d

evic

e w

hen

the

stud

ent c

ease

s to

atte

nd th

e di

stric

t.

See

Att

ach

men

t D

.

PPS Department of Special Education Individualized Education Program

6.21 Revised: September 2003

PORTLAND PUBLIC SCHOOLSATTACHMENT D

ASSISTIVE TECHNOLOGYLOANS TO STUDENTS

District-purchased assistive technology devices may be loaned to a student with a disability in order to receive afree appropriate public education. Parents are liable for loss, theft or damage due to negligence or misuse of thesedevices. When the student is no longer eligible for special education services in the District, including moving out ofthe District and moving to another school district, the assistive technology devices will be returned to the District.

PPS Department of Special Education Individualized Education Program

6.22 Revised: September 2003

[This page intentionally left blank.]

PPS Department of Special Education Individualized Education Program

6.23 Revised: September 2003

INDIVIDUALIZED EDUCATION PROGRAMSection 6

Portland Public SchoolsSpecial Education

OPERATIONS

PPS Department of Special Education Individualized Education Program

6.24 Revised: September 2003

[This page intentionally left blank.]

PPS Department of Special Education Individualized Education Program

6.25 Revised: September 2003

INDIVIDUALIZED EDUCATION PROGRAM (IEP) PURPOSE

Following assessment and a special education eligibility determination, an Individualized Education Program (IEP)is written by a group of individuals who comprise the student’s IEP team. The IEP for students with educationaldisabilities serves many purposes.

At least annually the special education teacher or special education specialist convenes an IEP meeting to review astudent’s progress toward his or her IEP annual goals and short-term objectives. The special education teacher orspecialist is responsible for setting up the IEP meeting, inviting the appropriate participants, and conducting themeeting. An IEP Progress Report form (C-7 Review) must be completed on a quarterly basis.

1. The IEP is based on the unique individual needs of a student. The intent of the federal and stateregulations and district policy and procedure is that the IEP is planned by a team and implemented for eachstudent as an individual.

2. The IEP is the written document, which identifies the special education and related services for astudent and coordinates the needed transition services with the student's individual goals andobjectives. It is a commitment of specially designed instruction and related services to meet the uniqueeducational needs of an individual student.

3. The IEP is a team process. The team includes the parent(s), the student (when appropriate), a generaleducation teacher, a special education teacher and a District Representative. The team process is based onthe equal participation of each member. The team identifies the student’s individualized educational needs,develops specific skill goals and objectives, which are clear and measurable, identifies any necessaryinstructional modifications and determines the necessary related services.

4. The IEP is a management and evaluation tool for parent(s) and school personnel. The IEP directs theimplementation of a student's specific special education services. The evaluation and schedules informationis used to measure the student's progress toward achievement of his/her IEP goals and objectives. It alsoensures that a student is receiving a free appropriate public education as agreed upon by the team.

5. The IEP is a process which facilitates communication between parents and District personnel.

6. The IEP is a process for resolving differences. It provides an opportunity for parents and schoolpersonnel to discuss educational concerns.

PPS Department of Special Education Individualized Education Program

6.26 Revised: September 2003

SPECIAL EDUCATION SERVICE DELIVERY MODELS

The District employs two different models for the delivery of special education services:

1. Direct services and2. Consultation services.

These models apply to the provision of specially designed instruction and related services. In addition, astudent’s IEP team may use either or both models with a specific student.

Direct Services. Direct services involve direct interaction by a special education teacher or service provider with astudent or group of students on a regularly scheduled basis, such as daily, weekly or monthly.

Consultation Services. Consultation services involve special education teachers or service providers providingtechnical assistance and training to other individuals who deliver the services to the student. The actual serviceprovider may be a regular education teacher or an educational assistant. The special education teacher must meetwith the actual provider on a regular basis, assist with designing educational materials for the student, providetraining to the provider regarding how to deliver the instruction, determine the student progress, revise theinstruction if necessary and document all of these requirements.

Documentation of Consultation Services on an IEP. The IEP form must state the actual amount of time thestudent will receive specialized designed instruction from the regular education or educational assistant. Theconsultation process must be described in the accommodations and modifications section of the IEP form.

PPS Department of Special Education Individualized Education Program

6.27 Revised: September 2003

PARTICIPANTS IN IEP MEETINGS

The staff member responsible for arranging the IEP meeting must ensure that a "District Representative" is presentat the IEP meeting. The person fulfilling the role of “District Representative” can be any District staff who isqualified to provide or supervise the provision of special education services. This may be a SpeechPathologist, Special Education Teacher, School Psychologist, Adaptive Physical Education Teacher. It may not bean Occupational Therapist, Physical Therapist or Regular Education Teacher. The District Representative musthave authority to make decisions about the specific special education and related services that will be provided.This person may wear two hats and may function as another member of the team.

For the majority of the students (students NOT in need of complex, extensive, or unusual services), theDistrict Representative will be one of the staff members already knowledgeable about the student andhis/her needs. Special education teachers, speech pathologists, psychologists and program chairs arequalified and authorized to commit the services they provide as well as usual and customary relatedservices and placements. Usual and customary related services are the services provided by itinerantspecialists such as autism specialists, occupational therapists, physical therapists, and psychologists.Usual and customary placements are Resource Centers and the continuation of any placement in aStructured Learning Center (SLC).

An initial placement in a Structured Leaning Center involves advance planning by the IEP Team andspecial education supervisory staff. It is expected that prior to the IEP Team decision, planning occurs withthe provider of the proposed services.

District Special Education Supervisors need to be involved as the District Representative when a student's needsare complex, extensive, or unusual. Complex, extensive, or unusual services include extraordinary safety andmedical needs, extensive specialist service, additional staff, transportation other than bus, and purchase of out-of-district services. If it is not clear who should be the "District Representative" in a specific case, contact your Clusteror Program Supervisory staff.

PPS Department of Special Education Individualized Education Program

6.28 Revised: September 2003

PARENT NOTICES AND DISCUSSIONS AT MEETINGSIN THE PARENT’S NATIVE LANGUAGE

Procedure: When translation or interpreter services are needed, the ESL Request for Services form mustbe completed and signed by the Director of Special Education. These forms are available from ESL staffmembers or the ESL Department and a copy of it is on the next page in this manual. A copy of thisdocument must be placed in the student’s special education file (green file).

Legal Requirements: Federal and Oregon law contain provisions which address when communicationswith parents must be in the parent’s native written or verbal language. The following is a summary of thoserequirements.

1. Meeting Notice form (i.e., for evaluation planning, eligibility, IEP and placement meetings, etc.)and Notice of Transfer of Rights form.

The law does not require that the District provide parents with these notices in the parent’s written native

language. See 34 CFR §§ 300.345, 300.517 and OAR 581-015-0063, OAR 581-015-0102. Therefore,these written notices do not have to be translated into the parent’s written native language. Instead,parents must be verbally informed of the notice in their native language and given a copy of the notice inEnglish. Place a copy of the Request for Services form in the student’s special education file (green file).

2. Prior Written Notice form:

The IDEA and Oregon law require that prior written notice must be provided in the native written languageof the parent, or other mode of communication, used by the parent, unless it is clearly not feasible to do so.If the native language or other mode of communication of the parent is not a written language, the Districtmust take steps to ensure:

(i) That the notice is translated verbally or by other means to the parent in his or her languageor mode of communication;

(ii) That the parent understands the content of the notice; and(iii) That there is written evidence that the requirements in (i) and (ii) have been met.

District staff must have prior written notice forms translated into the parent’s written native language unlessit is clearly not feasible to do so. If it is clearly not feasible, the form must be verbally interpreted for theparent by a qualified interpreter. On the Request for Services form, write that the parent understands thecontents of the notice and have the parent sign it. The written translation may be written below the English

content on the prior written notice form. See 34 CFR § 300.503 and OAR 581-015-9975. Place theRequest for Services form in the student’s special education file (green file).

3. Parent Consent forms (i.e., for consent to release information for an evaluation and forplacement into special education)

The law requires that when the parent provides the District with consent for an activity, the parent must give“informed” consent. This means that when the parent has been fully informed of all information relevant tothe activity for which consent is sought, in the parent’s native language or other mode of communication,unless it is clearly not feasible to do so. These forms must be verbally interpreted for the parent by a

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qualified interpreter. The forms do not have to be translated into the parent’s written native language.Place a copy of the Request for Services form in the student’s special education file (green file).

4. Discussions at Meetings (i.e., meetings for evaluation planning, eligibility, IEP, placement andmanifestation determination):

Under the law, school districts must make reasonable efforts to ensure that the parent understands theproceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native

language is other that English. See 34 CRF § 300.345 and OAR 581-015-0063. District staff must arrangefor a qualified interpreter to attend these meetings so that the parent understands the proceedings.However, the law does not require that the District provide the parent with a written translation in theparent’s native language of a student’s IEP or other District forms, including the Medical Statement orHealth Assessment form; Placement Determination form; ESY Addendum for (C-ESY); ESY Data form (C-ESY Data); Service Plan form (C-Service Plan); Functional Behavioral Assessment form; BehaviorIntervention form; Manifestation Determination form; or Behavior Intervention Plan form. It is sufficient tohave a qualified interpreter at the meeting who verbally translates the content of the meeting and forms tothe parent. The interpreter may also need to be available to the parent after the meeting if the parent hasadditional questions. Place a copy of the Request for Services form in the student’s special education file(green file).

5. Procedural Safeguards Notice (Parent Rights Brochure):

The procedural safeguards notice must be provided in the written native language of the parent or other

mode of communication used by the parent, unless it is clearly not feasible to do so. See 34 CFR §300.504 and OAR 581-015-0079. Special Education Parent Rights Brochures are available in the followingtranslations: 1) English, 2) Spanish; 3) Chinese; 4) Vietnamese; and 5) Russian. If District staff are workingwith a parent whose native language is not one of these five written translations, staff must arrange for aqualified interpreter to verbally interpret the document for the parent. Place a copy of the Request forServices form in the student’s special education file (green file).

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TEACHER ATTENDANCE AT IEP MEETINGSCONTRACT PROVISIONS

Article 20 Workday/Work Year/School Calendar

B. 3. Beginning in 1999-2000, in addition to contractually provided planning days, special education unitmembers assigned to conference with parents and write IEPs shall be provided three (3) days of releasedtime, per year, for that purpose. A special education unit member may elect to use these days or theequivalent hours before or after the school year or outside his/her workday at his/her per diem hourly rateof pay.

B. 4. Beginning in 1999-2000, unit members who are required to conference regarding IEPs shall have asubstitute provided to allow for such meetings to occur within the workday. If a unit member volunteers toattend such conference outside of the workday such member shall be compensated at his/her per diemhourly rate.

Procedures:

1. Special Education unit members will complete documentation form for writing IEPs and/or IEPconferencing with parents.

A. In order to receive release time/substitute, the special education member must notify the buildingprincipal (Special Education Supervisor for itinerant staff) in advance of the day(s) that a substituteis being requested. Complete the documentation form and follow District procedures for obtaininga substitute. (Article 20, B. 3.)

B. In order to receive your per diem hourly rate, the special education unit member must complete thedocumentation form. If your workday is 7.5 hours (i.e. teachers, adapted P.E., speech languagepathologists) the total number of hours available under Article 20 Section B. 3. is 22.5. If yourworkday is 8.0 hours (i.e. school psychologists, audiologists) the total number of hours available is24. Less than full time employees will receive hours proportional to their workday. (i.e. .5 FTE =3.75 hours x 3 days = 11.25 hours) (Article 20, B. 3.)

C. In order to receive release time/substitute for required conferences regarding IEP’s, the buildingprincipal (Special Education Supervisor for itinerant staff) must be notified in advance of thetime/day/s that a substitute is being requested. Complete the documentation form and followDistrict’s procedures for obtaining a substitute. (Article 20, B. 4.)

D. In order to receive your per diem hourly rate for required attendance at conferences regarding IEPsthat occur outside your workday, complete the documentation form for such IEP meetings requiringyour attendance. (Article 20, B. 4.)

2. General Education unit members required to conference regarding IEPs must complete the documentation form. (Article 20, B.4.)

A. In order to receive release time/substitute, the building principal must be notified in advance of thetime/day a substitute is being requested. Complete the documentation form and follow Districtprocedures for obtaining a substitute.

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B. In order to receive your per diem hourly rate for IEP conferencing outside of your workday, completethe documentation form for such IEP meetings requiring your attendance.

C. STUDENT ID NUMBERS ARE REQUIRED ON THE DOCUMENTATION FORM.

Note: IEP meetings must be scheduled at a mutually agreed upon time and location.

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PROACTIVE APPROACHES TO SUCCESSFULIEP/IFSP MEETINGS

I. The Agenda

A. Set forth each topic to be covered, the time allotted for each and the individual who will be primarilyresponsible for providing information.

B. Note the objective or outcome for each agenda item (e.g., “The team will select the placement that isthe least restrictive environment in which the IEP can be implemented”).

C. Consider distributing the agenda ahead of time or inviting the parents to submit issues that they wouldlike to be considered for agenda items.

D. Establish a firm “end time” and a statement of what must be accomplished by that time, as well asnoting times that anyone will have to leave early.

E. Assign a facilitator, who will review the agenda and the rules of comportment at the beginning of eachmeeting, and can also act as timekeeper – the facilitator will also frame the questions so that eachobjective on the agenda is addressed.

F. Beware of the following:• last minute additions to the agenda;• methodology discussions and other day-to-day teaching issues;• rehashing decisions made at prior meetings;• personnel issues/assignments; and• issues not properly before or to be determined by the IEP team.

II. Conducting the Meeting

A. The facilitator is responsible for giving individuals an opportunity to dissent and/or respond tocomments, but also for drawing closure and moving the team on to the next agenda item, evenwhen agreement is not reached.

B. Control of repetition of positions, argumentation, rehashing an issue.

C. When time is running out – options to consider:• set another date and time;• decide to keep working;• decide NOT to meet again; and• bring the agenda items to closure.

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IEP MEETING RULES

In order to foster a cooperative, productive environment and in order to ensure an efficient resolution of anydisputes or matters of discussion, the District requests and requires that all IEP meeting members andattendees adhere to the following rules of procedure:

1. Participants will adhere to the subject matters and time limits set out in the agenda.

2. Each person will be given an opportunity to share his or her viewpoint without interruption, and onlyone person will speak at a time.

3. Absolutely no profanity or derogatory language will be tolerated, and use of such language will result inimmediate expulsion from the meeting.

4. All participants will show respect and tolerance for others’ thoughts and opinions, and comments willfocus on the substance of the matter at hand - - not personal attacks on the speaker or the serviceprovider.

5. When the facilitator determines that consensus cannot be reached, the meeting minutes will reflect theviewpoint of each participant or group of participants, and the facilitator will summarize the finaldecision and offer of the school district.

6. Team members will focus their comments and attention on current issues, instead of decisions ordiscussions at previous meetings.

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DRAFTING IEP GOALS AND OBJECTIVES

The following are required components of an IEP:

1. Present Level of Performance

a. A brief statement of strengths and weaknesses in the skill area;b. Concise information about the current skill level;c. Measurable and objective terms that can be understood by a parent; andd. A description of how the disability affects the child’s involvement and progress in the general

curriculum.

Remember: The PLOP sets forth the information that will be used when drafting the ANNUAL GOALSand SHORT-TERM OBJECTIVES.

2. Annual Goal

a. Identifies an area of focus;b. Relates to meeting the student’s needs and enables the student to be involved in and progress in

the general curriculum;c. Can be reasonably accomplished in 12 months; andd. Relates directly to the information in the PLOP.

3. Short-Term Objectives

a. An observable and measurable behavior that is a subcomponent of the student’s ANNUAL GOALor

b. An intermediate step between the PLOP and the accomplishment of the ANNUAL GOAL.

Remember: The purpose of a SHORT-TERM OBJECTIVE is to gauge how well the child isprogressing toward achievement of the ANNUAL GOAL. Special education teachers must review thestudent’s progress on SHORT-TERM OBJECTIVES to determine whether the student is makingsufficient progress to achieve his or her ANNUAL GOAL by the end of the year.

4. Criteria and Evaluation Procedures

a. Write the CRITERIA that indicates how the student will demonstrate the skill to be consideredsuccessful as it relates to the ANNUAL GOAL.

b. Write the EVALUATION PROCEDURES that will be used to determine if the student has met theCRITERIA (examples: work samples, state wide performance, etc., standardized test, curriculumbased assessments)

5. Data Collection

The service provider will:

a. Be able to identify where a student is functioning in regard to meeting his goals and objectives;

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b. Have documentation to support the progress reported; andc. Plan, adapt and modify instruction based on the collected data.

To show compliance with the IDEA, DATA must be maintained for five years beyond the year in which the data wascollected.

Remember:1. The purpose of a SHORT-TERM OBJECTIVE is to gauge how well the child is progressing toward

achievement of the ANNUAL GOAL. Special education teachers must review the student’s progress onSHORT-TERM OBJECTIVES to determine whether the student is making sufficient progress to achieve hisor her ANNUAL GOAL by the end of the year.

2. Do not confuse quarterly progress report data with the instructional or behavioral data that is collected morefrequently and informally reviewed to monitor ongoing effectiveness of behavior interventions and theinstructional strategies.

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REVISING AN INDIVIDUALIZED EDUCATION PROGRAM (IEP)

At an annual IEP meeting, a new IEP Cover Sheet Part I and II forms (C-7 Parts I and II) are completed. Thispractice should continue.

In the past, when IEP revisions were made and it was not an annual review, District staff were instructed to notmake the changes on the IEP Cover Sheet. Instead, they were asked to describe the changes on an IEP Reviewform (C-7 Review). This practice has created tremendous confusion when a staff member needs a copy of thestudent’s current IEP. Staff can never be certain that the IEP they find is complete without reviewing the entirespecial education file. Therefore, this practice will no longer be used.

When District staff convene an IEP meeting and it is not an annual IEP meeting, all revisions must be noted on theexisting IEP. The following procedures must be followed:

1. On the IEP Cover Sheet state that there was an IEP review meeting and the date of the meeting.

2. Do not change the original “IEP Meeting Date” unless the entire IEP was reviewed and revised. In thatcase, use a new IEP Cover Sheet.

3. Do not change the “Starting Date” unless the specific needs of the student require that you do so. Thestudent’s annual IEP review date and duration should be the same, and will occur as set forth on theexisting IEP.

4. You can make the changes using any language as long as it is clear to the reader what was revised andthe date of the revisions.

5. Attach a page that states the date of the IEP meeting and lists the IEP team members in attendance.

6. If you need more space under the modification and accommodation section of the IEP, add anotherpage. Note on the original the date and revisions and that there is an attached page.

7. If you are making minor revisions to goals and objectives, write the date of the meeting, state there is arevision, and make the revision on the existing goal and objective page. If you are adding new goals andobjectives and need more space, note this with the date on the existing page and attach additional goaland objective pages.

8. If you add new goals, you must report progress on these on a quarterly basis.

9. Remember, that as long as you clearly record on the existing IEP what you are revising, there is no rightor wrong way to make these revisions. You are encouraged to use any language that clearly describesthe changes made by the IEP team.

10. Provide the parent with a Prior Written Notice form addressing the revisions that were made. The onlytime a Written Prior Notice form is not required is when you are holding an annual IEP Meeting at whichthe entire IEP is reviewed and revised and the parent is present at that meeting.

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11. At the end of the meeting, staple all of the IEP pages together, including the existing IEP and the revisedpages. This is the student’s current IEP, and copies of this should be given to the parents and staff andplaced in the student’s special education file.

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CHECKLIST OF IEP COMPONENTS

Present Level of Performance (PLOP)

Reflects the student’s strengths and weaknesses;

Describes the current skill level;

Describes how the disabilities affect the student’s involvement and progress in the general curriculum;

Is measurable;

Is written in objective terms; and

Is understandable to all team members.

Annual Goals

Relates directly to the PLOP;

Identifies areas of focus;

Relates to the student’s needs;

Can be accomplished in 12 months;

Is measurable;

Is written in objective terms; and

Is understandable to all team members.

Short Term Objectives

Is a subcomponent of or intermediate step to the annual goal;

Provides conditions (i.e. “Given…”) if appropriate;

Does not include criteria, evaluation, procedures or schedule or review; and

Is measurable.

Criteria

Indicates sufficient progress towards achieving annual goal.

Evaluation Procedure

Indicates how the student’s performance will be evaluated on achieving annual goals.

Revise each of the IEP elements to include any items not checked. All must be present.

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PORTLAND PUBLIC SCHOOLS531 S.E. 14th Ave., Portland, Oregon 97214(503) 916-5840 / FAX (503) 916-2714email: [email protected] M. Kilcrease, Ph.D Director of Special Education

MEMORANDUM

DATE: November 14, 2000TO: All Special Education StaffFROM: Maxine Kilcrease, Director of Special Education

Connie Bull, Special Education Legal SpecialistRE: Completion Dates of Annual IEPs

Several questions have been raised regarding the completion of a student’s annual IEP. This memorandumaddresses those questions.

As a general rule, a student’s annual IEP must be finalized on or before the date of the student’s prior IEP, i.e.within 365 days. In order to accomplish this, District staff must schedule the evaluation planning meeting, theevaluation, and an IEP meeting in advance of that date. In those cases where it has historically taken several IEPmeetings to finalize an IEP, District staff should take this into account when scheduling the required activities sothat the IEP is finalized on or before the prior IEP date. If the team meets on several different dates, all dates mustbe listed on the IEP cover sheet, and the date on which the IEP is finalized must be circled. If a student’s IEP is notfinalized by the date of his or her prior IEP, the District may be found in violation of the IDEA in an IDEA complaintinvestigation or due process hearing.

In the rare* case where a team has not finalized a student’s IEP by the required date, District staff may do one oftwo things. First, if the student has not met all of the goals and objectives on the IEP, staff may extend the past IEPfor 30 days to allow for the completion of the new IEP. Alternately, staff may implement those portions of the newIEP that are finalized and the sections of the prior IEP that have not been revised but have not been achieved bythe student. The parent must agree with whichever alternative is chosen. It is important to keep a record of allmeetings and record the IEP decision and the parent’s consent on a prior written notice form (C-10) and provide theparent with a copy of this form.

*Note that the procedures relating to an extension of a prior IEP should only be used in rare cases because it isprobable that the District will be found out of compliance with the IDEA regarding the IEP completion date even ifthese procedures are followed.

jam/110600IEPCompletion

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HEALTH SERVICES AND THE IEP

Students who have the disability of Other Health Impaired (OHI) may require health or nursing protocols, oremergency medical protocols, in addition to special health-related IEP goals.

1. To obtain assistance from a nurse for students suspected as OHI, or eligible as OHI, contact the schoolnurse.

2. The nursing protocol, or emergency medical protocol, is written by either a nurse who assessed the student'scondition and needs, or by the student's physician. It describes the plan of care necessary for the student tofunction in the school environment.

3. Nursing is listed on the IEP as a related service under health services.

a. Nursing as a related service only:

If the student requires only a nursing or emergency medical protocol, the health service (relatedservice) box is checked.

b. Nursing as a related service and IEP goal:

If a component of the plan of care results in a skill that the student will be expected to achieve or carryout, an IEP goal is written, i.e., student will suction self, student will demonstrate self-catheterizationskills. The goal will also indicate who will be responsible for the instruction.

c. In both instances, the IEP manager will contact the nurse before the annual review to determine thestudent’s annual progress and whether the goal and related services should continue, and quarterly inorder to complete a progress report for this goal.

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Q & A on Modified Grading and Report CardsOregon Department of Education

February 16, 2001

Although the Individuals with Disabilities Education Act (IDEA) and its regulations do not specifically addressmodified grading and grade reporting practices, ODE often gets questions from school staff and parents aboutthese issues. This Q & A is based on information from various sources, including the Office of Civil Rights ofthe U.S. Department of Education, and other special education legal references. Our purpose in providing thisinformation is to support equitable and non-discriminatory treatment of students with disabilities.

1. Must a student with a disability be given grades in a general education classroom?

It depends. If grades are the standard used for granting general education credit, students with disabilitiesenrolled in that class should receive grades. Grades provide a measure of the student's mastery of aparticular subject area, and provide the IEP team with information to make appropriate educational decisions.

2. May a student with a disability in a general education classroom be given a modified grade ratherthan a standard grade?

Alternative grading systems may be appropriate as long as the district ensures that grading policies andpractices are not discriminatory. For example, the district may offer alternative pass/fail grading for allstudents, regardless of whether or not a student has a disability. If an asterisk on the report card indicates,"individualized learner objectives", then the use of an asterisk would have to be applied to all students, notjust those receiving special education.

Modified grading (and/or modified curriculum) may be necessary when a student's disability makes itimpossible for them to achieve the level of performance expected of other students. A student's IEP teamwould decide if modified grading (and/or modified curriculum) is necessary for a student with a disability. Atleast one of the student's regular education teachers participates on the IEP team. This is a critical area ofIEP team participation for regular education teachers.

Not all modifications or accommodations on a student's IEP affect the student's ability to master the objectivesof the course. For example, a student with learning disabilities who needs books on tape and to take testsorally may acquire sufficient knowledge of world history to master the objectives of the course. Thesemodifications/ accommodations do not, of themselves, imply that the course content has been modified or thatthe grading system needs to be modified for this student.

3. Can classes be identified as special education classes on the high school student's report card ortranscript to indicate that the student has had a modified curriculum in a general education class?

No. The class should be described based on the content of the curriculum. Words such as "Englishessentials" or "practical math applications" or other descriptive phrases must be used. Other acceptabledescriptive words include: "basic", "level 1", "independent study", etc. Words such as "special educationEnglish" or "resource math" should not appear on the transcript.

If a student is in a general education math class but is working on math skills at a much lower level (say, theclass is 8th grade algebra, but the student is working on functional math skills), the transcript or report cardshould indicate that that period is a functional math skills class (rather than algebra) for that student.

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Alternatively, the transcript or report card could identify the class as algebra with an asterisk that indicates thestudent is working on "individualized learner objectives."

4. Can asterisks or other symbols or codes be written on a high school student's report card ortranscript to indicate that the student has had a modified curriculum in the general education class?

Yes. Modifications or exceptions to the grading scale may be identified as long as the notation ofmodifications or exceptions does not identify the student as having a disability or being in special education.These modifications or exceptions must be available to any student, not just those students with disabilities.An asterisk after the grade may denote that the student received modified grades or completed work at alower grade level. However, the explanation of the asterisk on the transcript or report card may not indicatethe student's participation in special education.

The decision to specially mark a class should not be based on the student's disability but used only where astudent is unable to master the objectives of the course even with appropriate modifications/accommodations.

5. Is it considered discrimination for students with disabilities to receive low or failing grades?

No. However, continuing a student in a class where the student is receiving poor grades needs to beconsidered by the IEP team. The team should review the student's performance and his/her behaviors andreview whether the student is receiving the necessary special education and related services, supports, andaccommodations and modifications.

6. How does an IEP team decide whether a student needs modified grading?

Typically, grades may reflect:

• The relative quality of a student's work;

• The student's readiness for future instruction;

• The student's level of competence/skill mastery;

• The student's effort and participation; and/or

• The student's completion of class work and homework.

The IEP team may want to discuss how these factors will be applied to a student with a disability, and whetherany of these factors need to be adjusted because the factor is disproportionately affected by the student'sdisability. It is critical that a general education teacher participate in this discussion and decision-makingprocess. This is an area where it is critical to have collaboration between general and special educators, thestudent and the parents.Examples:

a. An IEP team is considering grading for a student with ADHD and serious organizational problemswith homework. The team decides that the student needs targeted instruction on organizational skillsand daily home-school communication to maintain a homework system. The team agrees to modifiedgrading (not counting homework for grading purposes as long as the student can demonstrate courseobjectives based on classroom work) for one quarter while the team evaluates the effectiveness ofthe other interventions. The student's IEP includes the following:

Specially Designed Instruction:

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organizational skills 20 min/day classroom 1/28/01 to 3/12/01

Supplementary Aids/Services, Modifications & Accommodationshome-school communication daily classroom 1/28/01 to 3/12/01(first period teacher to give student tracking form)(last period teacher to check for completeness)modified grading quarterly classroom 1/28/10 to 3/12/01(quarter grade not to be reduced by missing homework, across all classes, third quarter only, to bereconsidered at end of third quarter)

b. An IEP team is considering grading for a student with a communication impairment who unable tospeak up in class. The team decides that class participation will not be counted for grading purposes,and that the teacher will periodically meet with the student individually or in a small group to give thestudent more comfortable opportunities for practicing her communication skills. The student's IEPincludes the following:

Supplementary Aids/Services, Modifications & Accommodations;modified grading quarterly classroom 1/28/10 - one year(classroom participation not factored into grade, across all classes)modified assignments see * classroom 1/28/01 - one year*when oral presentations are assigned, student will be offered optionto present in small group or 1:1 with teacher

c. An IEP team is considering grading for a student with mental retardation who receives all of herspecial education services in a regular class. She is mostly working on individualized objectives thatparallel the regular curriculum but she cannot demonstrate mastery at the same level expected ofother students at that grade level. The IEP team decides that the student will be graded in eachcontent area based on mastery of her individualized learning objectives. In a few areas she is capableof demonstrating mastery at the same level expected of other students at that grade level. In thoseareas, she will be graded as the other students are.

The student's IEP includes the following:

Supplementary Aids/Services, Modifications & Accommodations;modified grading daily classroom 1/28/10 - one year(grades based on IEP objectives for reading, written language, math)(grades in science, social studies, music & PE not modified)

7. Can a general education teacher refuse to implement modifications and accommodations on astudent's IEP?

No, individual teachers do not have the discretion to refuse to implement modifications and accommodationson a student's IEP.The teacher should inform the student's special education teacher or case manager if the teacher believesthat the modifications and accommodations are unnecessary or inappropriate. In that case, the specialeducation teacher or case manager may need to schedule an IEP meeting to consider changing themodifications and accommodations on the IEP.Similarly, the teacher should inform the student's special education teacher or case manager ifimplementation of the modifications and accommodations in that class would somehow interfere with thestudent's ability to earn credit in that class. In that case, the special education teacher or case manager may

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need to either schedule an IEP meeting or confer with the parents and school counselor about a schedulingchange.8. What happens if the IEP team decides in Example (a), above, that the student's homework shouldnot be counted as part of the student's grade, but the science teacher believes that completingscience homework is a critical component of demonstrating course objectives?

It is important to remember that the IEP team decides what modifications and accommodations are necessaryfor a student, but the IEP team does not decide the impact of those modifications and accommodations oncredit and course completion. As stated above, all teachers must implement IEP modifications andaccommodations. However, if the science teacher says doing the homework is necessary to demonstratingthe course objectives, other options may need to be considered, such as:

a. Exploring whether a different science class is available that is based on class work rather thanhomework;

b. Deferring participation in the science class; or

c. Providing additional support for the student to assist them with homework organization andcompletion.

Or, the team may decide that if homework is reduced or eliminated in other classes, the student has the skillsto manage the science homework.

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PRIOR NOTICE OFGRADUATION AND

TERMINATION OF SERVICES

Parents are entitled to reasonable prior notice of the District’s intent to terminate special education services whenstudents graduate from high school with a regular diploma. A Prior Notice of Special Education Action (C-10)should be sent to parents in April to provide time for parents to dispute such a decision if they choose to do so.Furthermore, a decision to terminate service should be based on a review of IEP to determine if all IEP goals havebeen met or will be met at the time of termination of services. To allow the IEPs of students who will graduate tolapse without such a review violates the due process rights of students and their families.

The following procedures apply:

1. At the end of the student’s junior year or the beginning of the senior year, write a final Transition Plan(C-7TP) and IEP with goals that are projected to be met by the time of graduation.

2. Review the IEP and TP of each graduating student in April--by phone if necessary. Reach agreement(if appropriate) that the IEP goals will be met by the time of graduation and that special educationservices will be terminated. File the Meeting Notice form (C-2) and the Documentation of IEP Review(C-7 Review) with the data clerks. Indicate the date services will terminate on the Prior Notice ofSpecial Education Action (C-10) and mail the parents (and student if 18 years old) a copy in April, butretain the white copy of the C-10 to file at the year’s end, completing the information in the box at thebottom of the form. This will allow the District to keep accurate records of which students graduated,and whether they received a standard or modified diploma. Remember that a Prior Written Notice ofSpecial Education (C-10) is not the documentation of an action already taken by the District. It is priornotice to the parents that the District will take such action.

3. Prior notice is not needed for students receiving modified diplomas who are going to return for specialeducation services. A new TP and IEP will reflect the change in service for a student who is returningto school for work experience only. Remember that, when writing goals for students returning for workexperience only, they must receive specially designed instruction. Service time must reflect aminimum commitment by the work experience coordinator/vocational transition specialist to meet withthat student on a regular basis to deliver the instruction.

4. Under the IDEA, the obligation to make free appropriate public education (FAPE) available does notapply to students with disabilities who have graduated from high school with a regular high schooldiploma. 34 CFR § 300.122(a).

5. Under the IDEA, District staff are not required to complete a reevaluation before terminating a student’seligibility due to graduation with a regular high school diploma. 34 CFR § 300.534.

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Appendix AExtended School Year

DISTRICT TIMELINE CALENDAR

September October-November December

Review student files todetermine which studentsreceived ESY duringsummer break.

Check all IEPs for studentswith ESY to be considered.

If the student has receivedESY in the past, revieweligibility and complete allESY paperwork at his/herannual IEP meeting.

Probe skills underconsideration following 20-30 instructional days frombeginning of the schoolyear.

Document on C-ESY Dataform.

Identify those skills notrecouped to previous levelafter instructional period.

Probe skills underconsideration prior towinter break.

Document on C-ESY Dataform.

Be prepared to determineESY eligibility at upcomingIEP meetings.

January February March

Collect skills underconsideration after 3-5instructional days (after 2-week break).

Document on C-ESY Dataform.

For new students, initiate,if appropriate, an ESYmeeting to decide ESYservices, if data issufficient to make adecision.

Continue to have ESY orIEP meetings to determineeligibility and completeESY forms.

If further data is needed,probe skills underconsideration, prior tospring break.

April-May June August

Collect data after 2-3 daysof instruction, followingspring break.

Continue to have ESY orIEP meetings.

Ensure that the ESYCoordinator has allnecessary forms by May1st.

During the last 10instructional days of theschool year, probe skills ofstudents who will receiveESY over the summerbreak

Send data and necessarymaterials and equipment toESY Coordinator.

Teachers will be sent theSummer Data for each oftheir ESY students whoattended ESY during thesummer.

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DISTRICT ESY CHECKLIST

1. _____ ESY Meeting Preparation

ESY eligibility may be determined at the yearly IEP meeting for students who have received previous ESY servicesand where there is no significant change,

Set IEP or ESY meeting date and send Notice of Team Meeting form to parents. Complete C-ESY Data prior to the meeting.

2. _____ Convene IEP/ESY Team Meetings before May 1st to determine eligibility for ESY

Determine if student meets the following two Eligibility Criteria.

1) Does student demonstrate significant regression on any IEP goals and objectives? Regression is defined asa significant loss of skills or behaviors; and

2) Does student demonstrate limited ability to recoup skills in these areas within a reasonable period of time?

Complete C-ESY Pgs.1 and 2 of Addendum at the meeting.

3a. _____Students Not Meeting ESY Eligibility Criteria

Parents receive Prior Written Notice of Special Education Action to notify them of theteam’s decision.

3b. _____ Students Meeting ESY Eligibility Criteria – send the following forms to parents, and/or student records, and/or Lynn Taylor, the ESY Coordinator.

Form Give toparents

Send to LynnTaylor, BESC

by May 1st

Send to StudentRecords/Data

Prior Written Notice of Special Education Action_______ _______

C-ESY Pg. 1 of Addendum_______ _______ _______

C-ESY Pg. 2 of Addendum_______ _______ _______

C-ESY Data_______ _______ _______

Parents Rights_______

ESY Registration _____

ESY Materials and Equipment _____

IEP Coversheet(Targeted goals and objectives highlighted)

_____

Transportation Request (TD-7) (if needed)(Include current address, phone number, summer pick-uplocation, summer drop-off location.) _____

ESY Contract Program Request(if needed) _______ _______

4. _____ Develop a list of student names whom you anticipate will be eligible for ESY. Send the list to Lynn Taylor by October 15th. A request for ESY may be initiated by the district or a parent. This information is helpful in projecting ESY staffing needs.

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ESY FLOW CHART(Contains information from ESY Checklist)

Develop a list of names of students whom you anticipatewill be eligible for ESY. Send to Lynn Taylor by October15th. ESY request may be initiated by school or parents.

IEP team shall convene between October 1st and May 1

st to share ESY Data and

collect all information necessary to determine the student’s eligibility. (Use C-ESYData Worksheet or comparable form to document ESY determination.)

The IEP team shall determine:1) Does student demonstrate significant

regression on goals and objectives?(regression is defined as a significant loss ofskills or behavior) And

2) Does student demonstrate inability to recoupskills in these areas within a reasonabletime?

No Yes

For StudentRecords(DATA)

ALL ESY FORMS DUE TO LYNN TAYLOR, ESY COORDINATOR,By May 1st at BESC-Special Education

Plan ESY Meeting• Notice of Team Meeting• C-ESY Pages 1&2• C-ESY Data• Prior Written Notice of

Special Education Action.

• IEP cover sheet withservice times highlighted

• Transportation RequestForm. TD-7

• C-ESY Addendum Pages1&2

• C-ESY Data• ESY Registration Form• ESY Materials and

Equipment Form• IEP with targeted goals and

objectives highlighted.• If appropriate, ESY

Contract Program RequestForm

ESY PacketFor ESYCoordinator

• Parents given writtennotice of the decision andthe basis of decision.

• Prior Written Notice form.• Parents Rights Brochure.

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Portland Public Schools

Special Education

ESY REGISTRATION

Student Name:

Birthdate: __________________ Age:

PPS ID#: __________________

Parent/Guardian Name:

Address:

Phone:

Emergency Contact Emergency Contact

Name #1: #2:

Phone: Phone:

Childcare Provider (if applicable)

Name: Phone:

Address:

Teacher Name:

_________________________

School:

_________________________

Today’s Date:

_________________________

Summary of Behavioral Considerations:

Additional information: (please attach if marked “yes”)

YES NO

Feeding Protocol � �Seizure Protocol � �Specialized Equipment � �Communication Systems � �Other � �

TO BE FILLED OUT BY ESY STAFF:

Classroom Assignment:

Teacher:

Related Service Providers:

Days of Service:

Hours of Service:

Determined by:

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ESY CONTRACT PROGRAM REQUEST

DATE _______________________

STUDENT __________________________________ ID ________________

Current School Site _______________________________________________

Current Program Placement ________________ Eligibility ______________

Does this student have additional adult support? yes _____ no _____

If yes, check all areas that apply: academics ____ social/emotional ____ medical ____

District Rep. or Case Manager ______________________________________

Requested Contract Provider (Vendor) ________________________________

Address of Provider ______________________________________________

Amount of services requested (time, days of week, duration, etc.):

________________________________________________________________

________________________________________________________________

Rationale (Complete this section only if the vendor has not been pre-approved.)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Return to the ESY Coordinator if the vendor is pre-approved by ESY.

Return to Maxine if the vendor is not on the pre-approved list.

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ESY MATERIALS AND EQUIPMENT

Student:

Teacher:

School:

ESY Site:

GOAL AREAS

MOTOR & MOBILITY SOCIAL & BEHAVIOR

SELF MANAGEMENT ACADEMICS

COMMUNICATION VOCATIONAL & CAREER ED

All equipment and materials must be labeled with student’s name.

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INDIVIDUALIZED EDUCATION PROGRAMSection 6

Portland Public SchoolsSpecial Education

RESOURCES

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IDEA-PART B FINAL REGULATIONS*REGULAR EDUCATION TEACHERS AS IEP TEAM MEMBERSBy the Federal Office of Special Education Programs (OSEP)

(March 1999)

Regular Education Teacher on IEP Team Is Required by IDEA '97.The final Part B regulations incorporate the requirements of IDEA '97 regarding regular education teachers in theIEP process, including specifying that --

1. The IEP team for each child with a disability must include at least one regular education teacher of the child(if the child is, or may be, participating in the regular education environment) (see §300.344(a)(2)); and

2. The teacher must, to the extent appropriate, participate in the development, review, and revision of thechild's IEP, including –

a. the determination of appropriate positive behavioral interventions and strategies for the child, and

b. the determination of supplementary aids and services, program modifications, and supports forschool personnel that will be provided for the child consistent with the IEP content requirements in§300.347(a)(3). (See §300.346(e))

Other School Staff May Not Be Substituted for the Reg. Ed. Teacher.Some commenters on the NPRM suggested that other school staff (e.g. a special education teacher or a counselor)be substituted for the regular education teacher at IEP meetings. Adopting that suggestion would be inconsistentwith the Act, and would undermine the new focus of IDEA '97 -- on improving results for children with disabilitiesthrough participation in the regular education environment and in the general curriculum. Thus, the regulareducation teacher who serves on the IEP team should be the teacher who is, or may be, responsible forimplementing a portion of the IEP, so that the teacher can participate in discussions about how best to teach thechild. (See Q-26 in Appendix A -- the Notice of Interpretation on IEPs.)

Extent To Which Reg. Ed. Teacher Must Be Physically Present at IEP Meeting.While at least one regular education teacher of a child with a disability must be a member of the IEP team (if thechild is, or may be, participating in the regular education environment), the LEA need not require the teacher to --(1) participate in all decisions made as part of the meeting, or (2) be present at all meetings or throughout an entiremeeting, as described below:

A. THE TEACHER WOULD PARTICIPATE IN DISCUSSIONS ABOUT the child's involvement and progress inthe general curriculum and participation in the regular education environment (as well as discussions aboutthe supplementary aids and supports for teachers and other school staff that are necessary to ensure thechild's progress in that environment).

B. THE TEACHER NEED NOT PARTICIPATE IN DISCUSSIONS about certain other matters in the IEPmeeting (e.g., the physical therapy needs of the child -- if the teacher is not responsible for implementingthat portion of the child's IEP).

C. WHETHER THE TEACHER MUST BE PHYSICALLY PRESENT AT EACH MEETING, and the extent towhich the teacher must participate in all phases of the IEP process are matters that must -- (1) bedetermined on a case by case basis by the public agency, the parents, and the other members of the IEPteam, and (2) be based on a variety of factors. (See analysis of comments on §300.344(a)(2) in Attachment1, and Q-24 of Appendix A.)

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Children With Disabilities Who Have More Than One Reg. Ed. Teacher.The substance of the note following §300.344 in the NPRM (related to the participation of regular educationteachers on the IEP team) has been incorporated into the Notice of Interpretation on IEPs (Appendix A) and in the"Analysis of Comments..." (Attachment 1 to the final regulations), as follows:

A. ONLY ONE TEACHER REQUIRED ON IEP TEAM; BUT OTHERS MAY ATTEND.If a child with a disability has more than one regular education teacher, only one of the teachers is requiredto be on the IEP team. However, if the participation of more than one of the teachers would be beneficial tothe child's success in school (e.g., in terms of enhancing the child's participation in the general curriculum),it may be appropriate under the Act and regulations for them to be members of the team and participate.

B. LEA MAY DESIGNATE WHICH TEACHER ON IEP TEAM.If a child has more than one regular education teacher, the LEA may designate which teacher or teacherswill be on the IEP team.

C. INPUT FROM CHILD'S OTHER TEACHERS.In a situation in which all of the child's regular education teachers are not members of the IEP team, theLEA is strongly encouraged to seek input from the teachers who will not be attending. (See Q-26 ofAppendix A.)

Child's Teachers Must Have Access to IEP and Be Informed of their Responsibilities.A new §300.342(b)(2) (entitled "Implementation of IEPs") has been added to the regulations to specify that eachpublic agency must ensure that --

1. THE IEP OF EACH CHILD WITH A DISABILITY IS ACCESSIBLE to each regular education teacher (aswell as each special education teacher, related service provider, and other service provider) who isresponsible for implementing the IEP; and

2. EACH TEACHER AND PROVIDER IS INFORMED OF -- (A) his or her specific responsibilities related toimplementing the IEP, and (B) the specific accommodations, modifications, and supports that must beprovided to the child in accordance with the IEP.

Mechanism for Informing Staff at Discretion of Agency.The above requirement is necessary to ensure proper implementation of the child's IEP and the provision of FAPE to the child. However,the mechanism that the public agency uses to inform each teacher or provider of his or her responsibilities is left to the discretion of theagency.

* On October 22, 1997, a Notice of Proposed Rulemaking (NPRM) was published in the Federal Register to amend the regulations underPart B of the Individuals with Disabilities Education Act (IDEA). The purposes of the NPRM were to implement changes made by the IDEAAmendments of 1997, and make other changes that facilitate the implementation of Part B. The changes made since the NPRM are basedmainly on public comments received.

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IEP TEAM COMMUNICATION

I. Existing Areas of Concern

A. TrustB. CommunicationC. ExpectationsD. Job RolesE. SchedulingF. Building NeedsG. Goal ConsensusH. Case Manager Assignment (IEP Manager)

II. Recommendations

A. Each team member should have a copy of each other's daily schedules. This will increase awarenessand familiarity of each other's job responsibilities as well as assisting in creating an appearance of teamunity when speaking with general education teachers about children.

B. Team members should be consciously aware that they are part of a team or unified group of peoplewho join together in a cooperative problem-solving process to reach a shared goal.

• Participation and leadership are distributed among all members.• Conflict is identified and resolved.• Consensus is sought on important decisions.• Goals are cooperatively formed to meet individual and group needs.

C. Be aware of the following factors that influence communications:

• Physical positioning of tables and persons at Team meetings.• Eye contact.• Body language.• Voice and communication style.• Method of communication: frequency, written versus verbal.• Objectivity in giving and receiving information (listening skills).

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RECOMMENDATIONS FOR EFFECTIVE TEAM DECISION MAKING

1. Write a brief summary of test results to be given to team members before meeting so time can be spent indecision making; not reporting the results.

2. Determine if diagnostic teaching has been done in regular classroom before referral.

3. Work diligently to maintain focus on relevant criteria.

4. Submit an agenda of the meeting to the members prior to the meeting.

5. Write and maintain a task timeline.

6. Analyze the group of tasks and maintenance roles.

7. Change from WHO to HOW emphasis.

8. Change from a "Referral to Placement" to a "Referral to Intervention" approach.

9. Encourage active participation of all members.

10. Define team leader and support roles based on student referral data.

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IEP TEAM PARTICIPANTS: QUESTIONS AND ANSWERS (Nos. 22-30)From Appendix A, 34 CFR Part 300 of the IDEA Regulations

22. Who can serve as the serve as the representative of the public agency at an IEP meeting?

The IEP team must include a representative of the public agency who: (a) is qualified to provide, orsupervise the provision of, specially designed instruction to meet the unique needs of children withdisabilities; (b) is knowledgeable about the general curriculum; and (c) is knowledgeable about theavailability of resources of the public agency. 34 CFR § 300.344(a)(4).

Each public agency may determine which specific staff member will serve as the agency representative in aparticular IEP meeting, so long as the individual meets these requirements. It is important, however, thatthe agency representative have the authority to commit agency resources and be able to ensure thatwhatever services are set out in the IEP will actually be provided.

A public agency may designate another public agency member of the IEP team to also serve as the agencyrepresentative, so long as that individual meets the requirements of 34 CFR § 300.344(a)(4).

23. For a child with a disability being considered for initial provision of special education and relatedservices, which teacher or teachers should attend the IEP meeting?

A child’s IEP team must include at least one of the child’s regular education teachers (if the child is, or maybe participating in the regular education environment) and at least one of the child’s special educationteachers, or, if appropriate, at least one of the child’s special education providers 34 CFR § 300.344(a)(2)and (3).

Each IEP must include a statement of the present levels of educational performance, including a statementof how the child’s disability affects the child’s involvement and progress in the general curriculum. 34 CFR§ 300.347(a)(1). At least one regular education teacher is a required member of the IEP team of a childwho is, or may be, participating in the regular educational environment, regardless of the extent of thatparticipation.

The requirements of 34 CFR § 300.344(a)(3) can be met by either: (1) a special education teacher of thechild; or (2) another special education provider of the child, such as the speech pathologist, physical oroccupational therapist, etc., if the related service consists of specially designed instruction and isconsidered special education under applicable State standards.

Sometimes more than one meeting is necessary in order to finalize a child’s IEP. In this process, if thespecial education teacher or special education provider who will be working with the child is identified, itwould be useful to have that teacher or provider participate in the meeting with the parents and othermembers of the IEP team in finalizing the IEP. If this is not possible, the public agency must ensure thatthe teacher or provider has access to the child’s IEP as soon as possible after it is finalized and beforebeginning to work with the child.

Further, (consistent with 34 CFR § 300.342(b)), the public agency must ensure that each regular educationteacher, special education teacher, related services provider and other service provider of an eligible childunder this part (1) has access to the child’s IEP, and (2) is informed of his or her specific responsibilitiesrelated to implementing the IEP, and of the specific accommodations, modifications, and supports that must

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be provided to the child in accordance with the IEP. This requirement is crucial to ensuring that each childreceives a FAPE in accordance with his or her IEP, and that the IEP is appropriately and effectivelyimplemented.

24. What is the role of a regular education teacher in the development, review and revision of the IEPfor a child who is, or may be, participating in the regular education environment?

As required by 34 CFR § 300.344(a)(2), the IEP team for a child with a disability must include at least oneother regular education teacher of the child if the child is, or may be, participating in the regular educationenvironment. Section 300.346(d) further specifies that the regular education teacher of a child with adisability, as a member of the IEP team, must, to the extent appropriate, participate in the development,review, and revision of the child’s IEP, including assisting in (1) the determination of appropriate positivebehavioral interventions and strategies for the child; and (2) the determination of supplementary aids andservices, program modifications, and supports for school personnel that will be provided for the child,consistent with 34 CFR § 300.347(a)(3). 34 CFR § 300.344(d).

Thus, while a regular education teacher must be a member of the IEP team if the child is, or may be,participating in the regular education environment, the teacher need not (depending upon the child’s needsand the purpose of the specific IEP team meeting) be required to participate in all decisions made as part ofthe meeting or to be present throughout the entire meeting or attend every meeting. For example, theregular education teacher who is a member of the IEP team must participate in discussions and decisionabout how to modify the general curriculum in the regular classroom to ensure the child’s involvement andprogress in the general curriculum and participation in the regular education environment.

Depending on the specific circumstances, however, it may not be necessary for the regular educationteacher to participate in discussions and decisions regarding, for example, the physical therapy needs ofthe child, if the teacher is not responsible for implementing that portion of the child’s IEP.

In determining the extent of the regular education teacher’s participation at IEP meetings, public agenciesand parents should discuss and try to reach agreement on whether the child’s regular education teacherwho is a member of the IEP team should be present at a particular IEP meeting and, if so, for what periodof time. The extent to which it would be appropriate for the regular education teacher member of the IEPteam to participate in IEP meetings must be decided on a case-by-case basis.

25. If a child with a disability attends several regular classes, must all of the child’s regular educationteachers be members of the child’s IEP team?

No. The IEP team need not include more than one regular education teacher of the child. If theparticipation of more than one regular education teacher would be beneficial to the child’s success inschool (e.g., in terms of enhancing the child’s participation in the general curriculum), it would beappropriate for them to attend the meeting.

26. How should a public agency determine which regular education teacher and special educationteacher will be members of the IEP team for a particular child with a disability?

The regular education teacher who serves as a member of a child’s IEP team should be a teacher who is,or may be responsible for implementing a portion of the IEP, so that the teacher can participate indiscussions about how best to teach the child.

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If the child has more than one regular education teacher responsible for carrying out a portion of the IEP,the LEA may designate which teacher or teachers will serve as IEP team member(s), taking into accountthe best interest of the child.

In a situation in which not all of the child’s regular education teachers are members of the child’s IEP team,the LEA is strongly encouraged to seek input from the teachers who will not be attending. In addition,(consistent with 34 CFR § 300.342(b)), the LEA must ensure that each regular education teacher (as wellas each special education teacher, related services provider, and other service provider) of an eligible childunder this part (1) has access to the child’s IEP, and (2) is informed of his or her specific responsibilitiesrelated to implementing the IEP, and of the specific accommodations, modifications and supports that mustbe provided to the child in accordance with the IEP.

In the case of a child whose behavior impedes the learning of the child or others, the LEA is encouraged tohave a regular education teacher or other person knowledgeable about positive behavior strategies at theIEP meeting. This is especially important if the regular education teacher is expected to carry out portionsof the IEP.

Similarly, the special education teacher or provider of the child who is a member of the child’s IEP teamshould be the person who is, or will be, responsible for implementing the IEP. If, for example, the child’sdisability is a speech impairment, the special education teacher on the IEP team could be the speech-language pathologist.

27. For a child whose primary disability is a speech impairment, may a public agency meet itsresponsibility under 34 CFR § 300.344(a)(3) to ensure that the IEP team includes “at least onespecial education teacher, or, if appropriate, at least one special education provider of the child” byincluding a speech-language pathologist on the IEP team?

Yes, if the speech is considered special education under State standards. As with other children withdisabilities, the IEP team must also include at least one of the child’s regular education teachers if the childis, or may be, participating in the regular education environment.

28. Do parents and public agencies have the option of inviting any individual of their choice to beparticipants on their child’s IEP team?

The IEP team may, at the discretion of the parent or the agency, include “other individuals who haveknowledge or special expertise regarding the child…” 34 CFR § 300.344(a)(6). Under 34 CFR §300.344(a)(6), these individuals are members of the IEP team. This is a change from a prior law, whichprovided, without qualification, that parents or agencies could have other individuals as members of theIEP team at the discretion of the parents or agency.

Under 34 CFR § 300.344(c), the determination as to whether an individual has knowledge or specialexpertise, within the meaning of 34 CFR § 300.344(a)(6), shall be made by the parent or public agencywho has invited the individual to be a member of the IEP team.

Part B does not provide for including individuals such as representatives of teacher organizations as part ofan IEP team, unless they are included because of knowledge or special expertise regarding the child.(Because a representative of a teacher organization would generally be concerned with the interest of theteacher rather than the interest of the child, and generally would not possess knowledge or expertise

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regarding the child, it generally would be inappropriate for such an official to be a member of the IEP teamor to otherwise participate in an IEP meeting.)

29. Can parents or public agencies bring their attorneys to IEP meetings, and, if so under whatcircumstances? Are attorney’s fees available for parents’ attorneys if the parents are prevailingparties in actions or proceedings brought under Part B?

Section 300.344(a)(6) authorizes the addition to the IEP team of other individuals at the discretion of theparent or the public agency only if those other individuals have knowledge or special expertise regardingthe child. The determination of whether an attorney possesses knowledge or special expertise regardingthe child would have to be made on a case-by-case basis by the parent or public agency inviting theattorney to be a member of the team.

The presence of the agency’s attorney could contribute a potentially adversarial atmosphere to themeeting. The same is true with regard to the presence of an attorney accompanying the parents at the IEPmeeting. Even if the attorney possessed knowledge or special expertise regarding the child. 34 CFR §300.344(a)(6), an attorney’s presence would have the potential for creating an adversarial atmosphere thatwould not necessarily be in the best interest of the child.

Therefore, the attendance of attorneys at IEP meetings should be strongly discouraged. Further, asspecified in Section (i)(3)(D)(ii) of the Act and 34 CFR § 300.513(c)(2)(ii), Attorneys’ fees may not beawarded relating to any meeting of the IEP team unless the meeting is convened as a result of anadministrative proceeding or judicial action, or, at the discretion of the State, for a mediation conductedprior to the request for a due process hearing.

30. Must related services personnel attend IEP meetings?

Although Part B does not expressly require that the IEP team include related services personnel as part ofthe IEP team 34 CFR § 300.344(a), it is appropriate for those persons to be included if a particular relatedservice is to be discussed as part of the IEP meeting. Section 300.344(a)(6) provides that the IEP teamalso includes “at the discretion of the parent or the agency, other individuals who have knowledge orspecial expertise regarding the child, including related services personnel as appropriate….”

Further, 34 CFR § 300.344(a)(3) requires that the IEP team for each child with a disability include “at leastone special education teacher, or, if appropriate, at least one special education provider of the child…”This requirement can be met by the participation of either (1) a special education teacher of the child, or (2)another special education provider such as a speech-language pathologist, physical or occupationaltherapist, etc., if the related service consists of specially designed instruction and is considered specialeducation under the applicable State standard.

If a child with a disability has an identified need for related services, it would be appropriate for the relatedservices personnel to attend the meeting or otherwise be involved in developing the IEP. As explained inthe Committee Reports on the IDEA Amendments of 1997, “Related services personnel should be includedon the team when a particular related service will be discussed at the request of the child’s parents or theschool.” (H. Rep. No. 105-95, p. 103 (1997); S. Rep. No. 105-17, p. 23 (1997)). For example, if the child’sevaluation indicates the need for a specific related service (e.g., physical therapy, occupational therapy,special transportation services, school social work services, school health services, or counseling), theagency should ensure that a qualified provider of that service either (1) attends the IEP meeting, or (2)

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provides a written recommendation concerning the nature, frequency, and amount of service to beprovided to the child. This written recommendation could be a part of the evaluation report.

A public agency must ensure that all individuals who are necessary to develop an IEP that will meet thechild’s unique needs, and ensure the provision of FAPE to the child, participate in the child’s IEP meeting.

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