Transcript Document

Building a better
iep
Purpose
 Provide
meaningful educational benefit (Rowley)
 Access
to the general curriculum
 Prepare
the student for college/career
Main Components
Present Levels
 Comprehensive, meaningful assessment
 Establish
needs
Goals
 Articulation
 Based
of educational benefit
on present levels
 Measurable
 Based
on the general curriculum
Services
 The
means, or roadmap, to achievement of the
goals
 Direct
and related services
 Supports
to access the general curriculum
Forms
 SELPA forms,
 SEIS
 The
adapted from State SELPA
has State SELPA forms
forms aren’t perfect
 Courts’ attitude
towards forms
Enforcement of an IEP
 CDE
 DINCs
 SESR
 Verification
 Complaints
Review
Enforcement
 Legal
 Due
Process hearing
 OAH
judges
 Appealable through Fed.
District Court
Challenges
 FAPE
vs maximizing potential
 Understanding and
applying laws and regulations
 Understanding newest
 The
law
research and practices
Jurisdiction
 OAH
 District
Court
 Federal
Circuit Court of Appeals
 US
Supreme Court
Rowley Decision
 US
Supreme Court 458 US 176 (192)
 Facts
 Holding
Rule:
 FAPE
does not require maximizing student
potential
 Open
the door of public education
Rowley law
 IEP must
 Meet
 Be
procedural requirements of IDEA
reasonably calculated to enable a child with a
disability to “achieve passing marks and advance
from grade to grade”
Reasonably calculated
 Assessment
 Goals
– Present levels
– meaningful growth
 Services
and supports – means to the goal
Educational benefit indicators
 Grades
 Moving
from grade to grade
 Progress
towards goals and objectives
 Statewide/district/school formal assessment
Educational benefit indicators
 Classroom
assessment
 Diploma
 Observation
 Non
trivial
Core entitlements for children with
disabilities
 A right
to a Free Appropriate Public Education
(FAPE)
 In
the least restrictive environment (LRE)
 That
provides meaningful educational benefit
Least Restrictive Environment
Rachel H. case - 4 prong test
 Educational
benefit
 Non-academic benefit
 Effect
 Cost
on general education classroom
What is an IEP?
 Offer
of FAPE by the district
 Parent
may:
 Accept
 Reject
 Accept
part
Small group
 Think
of an iep that you thought was well
constructed and provided educational benefit
 What
made the IEP well-constructed?
 What
made the team effective?
 How
did you know that the IEP would provide
educational benefit?
 What
could have been better?
Running effective IEP meetings
Plan ahead
 with
the team
 with
parent/guardian
 Disseminate
 Invite
 Set
information before the meeting
all relevant people
appropriate time frame for meeting
Meaningful Parental Participation
 Timely
relevant notices to parents
 Ensure
the meeting is conducive to parental
participation
 Consider
parents’ private assessment reports
Parental Participation Requirements
 Must
be invited to attend or otherwise participate
 Meaningful participation in
 Must
meetings
receive all necessary notices and documents
within timelines
 Prior Written
Notice
Ensuring Parental Participation
 Offer
to continue meeting to review parent
concerns
 Document parents’ concerns
and LEA response in
notes
 Document all
attempts to provide parents an
opportunity to attend or otherwise participate in
meeting
Setting Procedures for a Smooth IEP
Meeting
 Write
 Set
an Agenda
time limits
 Premeeting communication
Setting Norms for the Meeting
 Listen
 Keep
 Treat
 All
to time limits
each other with respect
questions/topics are welcome
 Discuss
when process/meeting is not working
 Assume
positive intentions
During meeting
 Agree
 Post
to purpose, outcomes, agenda
agenda and check off items
 Discuss
ground rules/norms
 Parking
lot
 Clarify
roles/responsibilities
During meeting
 Announce
what is happening
 Take
breaks as needed
 Stop
and summarize
 Visuals
During Meeting
 Encourage brainstorming
 Follow
agenda
 Friendly
seating
 Minimize
disruptions
End of Meeting
 Summarize what
 Identify next
 Ask
steps – what, when, and who
for any last questions/concerns
 Review
 Plan
happened and what was agreed
notes
for next meeting, if needed
 Celebrate
good work
IEP as TEAM effort
 Focus
 Use
on outcomes for student
and respect parents’ opinions and concerns
 Parents
are equal partners
 Disagreement
 Position
 Explain
is ok, if there is respect
vs. interest
how district’s position relates to improved
outcomes for student
Preparing for the IEP meeting
 Notice
meeting well before due date
 Educational benefit review
 Contact
parents
 Determine
 Child
of current IEP
if additional assessment is needed
find obligations
Educational Benefit Review
 Progress
 Will
 Why
the child’s environment significantly change?
did the student make progress or not make
progress?
If IEP did not provide Ed Benefit,
consider:
 Were
needs clearly identified?
 Measurable
 Progress
goals based on student needs?
monitored and reported?
 Goals/services/supports
modified if progress not
made?
 ID
potential changes/PWN if needed
Parts of the IEP
Information/Eligibility
May be more than one disability
 ID
primary and secondary
 Disability
 SLD
does not determine placement/services *
If team determines student is not eligible
for Special Education services:
 Document reason
 Consider
issues
for decision
other options for addressing student
Eligibility: 3 Prong Test
 Disability
 Adversely
 Requires
affects educational performance
specialized insstruction
Information
 Is
all the information correct?
 If
necessary, inform MIS tech
 Did
team identify how disability affects
involvement and progress in general curriculum?
Present Levels
Ed. Code 56341.1.

(a) When developing each pupil's individualized education
program, the individualized education program team shall
consider the following:
 (1) The strengths of the pupil.
 (2) The concerns of the parents or guardians for enhancing
the education of the pupil.
 (3) The results of the initial assessment or most recent
assessment of the pupil.
 (4) The academic, developmental, and functional needs of
the child.
5 CCR § 3040 Individualized Education
Program Implementation.
 (b) The
IEP shall show a direct relationship
between the present levels of performance, the
goals and objectives, and the specific educational
services to be provided
What assessment is relevant to the present
levels?
 Grades
(and report card comments)
 Teacher
 Parent
input
input
 Student input
 Health
records
What records needed?
 Attendance records
 Discipline
 State
records
testing
 District
testing
 Classroom
assessments
What assessment needed?
 Vision/hearing screening
 Vocational assessment
 Formal
assessment
 Independent formal
 SLT,
OT, etc.
assessment
Present Levels
 Meaningful to
 A good
 Most
 All
parent, student, and staff
snapshot of the student
important section on the IEP
sections addressed?
Transition Services
 For
students who will turn 16 before next IEP
meeting
 Transition
plan influences rest of the IEP
Requirements
 Goals
based upon age appropriate transition
assessments
 Training
 Education
 Employment
 Independent
 Transition
living skills (if appropriate)
services
Transition plan
 Student participation
 Student’s
in process
post-secondary preferences and goals
 CAHSEE
 Transition Assessment
 Age
appropriate E.g. interest inventory
 Other
vocational assessment that may be necessary
Transition plan
 Progress
 Passed
towards graduation
algebra?
 CAHSEE
 Credits
earned and needed
Transition Goals and Services
– academic
 Training – tied to future career goal
 Employment – career exploration, competitive or
supportive employment
 Independent living – usually for more mod/sever
 Services needed and responsible person/agency to
reach goals
 Don’t need to repeat things addressed in other parts of
IEP
 Education
Educational Benefit Check
 ITP developed in
accordance with student’s
preferences?
 Areas
of transition need specified and addressed
through goals and persons/agencies responsible?
 Designed
to prepare student for postsecondary
education, employment, training, and (if needed)
independent living?
Secondary Indicators (reviewed by state)
 Measurable
 Updated
 Based
post-secondary goals?
annually?
on assessments?
 Services
reasonably calculated for student to meet
post-secondary goals?
Indicators
 Student invited
 Relevant
 Input
to meetings
agencies, if appropriate, invited?
from student and student invited?
Special Factors
 Assistive Technology
 Low
incidence needs
 Considerations
impaired
if student is blind or visually
Special Factors
 Considerations
 English
learner
 Behavior
if student is deaf or hard of hearing
Statewide assessments
 CAASP
 ELA/Math
 SBAC
(with or without Designated Supports and
Accommodations)
 Alternate
 Grades
assessment
3-8, 11
Statewide assessments
 Science
 CST/CMA/CAPA
 Grades
5, 8, 10
 CAHSEE
 If
taking CAPA and/or alternate assessment, must
document the rationale
Educational Benefit Check
 Addressed
 All
all special considerations?
areas of need documented?
 Appropriate accommodations,
on assessments?
designated supports
Goals and present levels
 For
every area of need, there should be a goal
and/or a supplementary aid or service
 A large
number of goals aren’t necessary
 Tight fit
 Areas
between present levels, goals and services
that are concerns but do not significantly
impact educational performance do not require a
goal
Goal writing
 Indicated Area
of Need, as documented in present
levels
 Baseline
– current level of mastery
 Alignment to
CCSS
Writing CCSS aligned goals
 Use
present levels
 Choose an appropriate grade level standard that fits the
area of need
 Unpack the standard
 Look at subskills – goal need only be based on the
standard
 Develop the goal – measurable
 Objectives or benchmarks if needed
Tips for writing goals - Ask
 How
will the student show mastery?
 Given
what?
 Under
what conditions?
 With
which adaptations or supports?
Objectives/Benchmarks
 Only
required for students who take alternate
assessments
 Optional
 Use
for other students
for students participating in a functional
curriculum
Educational Benefit Check
 Goals
(objectives) for each area of need (and vice
versa)?
 Goals
 Goals
(objectives) measurable?
(objectives) enable student to be
involved/progress in general curriculum?
Educational Benefit Check
 Other
educational needs arising from disability
addressed?
 If
student is an English Learner, are there
linguistically appropriate goals?
 Person(s)
responsible for implementing goals
(objectives) identified?
Services/Supports
 Discuss
and indicate service delivery options
 Always
consider gen ed with supports (LRE)
 Harmful effects
must be considered
Identify all special ed and related services
required for:
 Advancement
 Make
 Be
towards the goals
progress in general curriculum
educated and participate with peers (disabled
and non-disabled)
Services
 Frequency, location,
duration of services, related services,
supports (including accommodations, assistive tech, etc.)
 “as
needed”
 Identify the
extent to which student will not participate with
nondisabled students and rationale
 Transportation
Services
 May
include instruction in core academics,
functional skills, related services required for
educational benefit
 May
*
be listed more than once if multiple providers
Specialized Academic Instruction
 RSP and/or
SDC teacher
 Individual, group, or
both
 Provider
 Start/end
dates, duration, frequency
Extended school year
 Regression
with limited recoupment capacity
Educational Setting
 PE
 District
of service
 School of
attendance
 School type
 Federal
setting
Setting
 Rationale
for services not provided at school of
residence
 % of time a student is outside of gen ed
environment
 % of time in gen ed (includes lunch/passing
periods)
 Specify all times when student not included with
gen ed students and why
Setting
 Other
agency services - CCS, Regional Center,
Probation, Dept of Rehabilitation or other public
agency
 Progress
reporting
 Activities
to support transitions
 Graduation plan
(date and diploma or certificate)
Progress Report
 Summarize student’s
progress
 Comments on,
e.g., work completion, successes,
areas for emphasis
 May
 At
suggest adjustment of goals/services
least as often as gen ed report cards
 Big
deal for courts!
Educational Benefit Check
 Are
appropriate services, supplementary aids and
services, and program modifications identified to
support progress toward all goals, including
progress in the general curriculum and
participation in extracurricular and non-academic
activities?
Notes
What is the function of the Notes page?
 nb
in many areas on the IEP, you can provide
comments
 Allow
explanation of any items that might be
unclear or are not covered well by the forms
 Best
evidence of meaningful participation
 Indicating
what was discussed
Function of notes page
 No
predetermined IEP
 Should
 Notes
 Can
not contradict a section of the IEP
pages have saved many an IEP
review the notes with the parent
Educational Benefit Check
 Is
this information a summary of the meeting?
 Do
all agree that the notes accurately reflect what
was discussed and agreements that were made?
 Parent
participation documented?
Signature and Parent Consent
 Participants
 Parent
 If
sign, date and indicate title
should check areas of agreement
not eligible, have parents initial
Consent
 Parents
must sign and date the consent before IEP
can be implemented
 Parents
can agree to part of IEP
 Parts
can be implemented while resolution is
sought for areas of disagreement
 Next
steps for reaching resolution should be
indicated in notes
Private school
 Parents
can decline offer of FAPE
 Unilaterally
 Individual
place student in private school
Service Plan might be appropriate (what
is offered is determined by county
Amendments
 For
making relatively minor changes to IEP
 Examples
 Adjusting
goals
 Correcting
 In
information
some cases, ending a service
 Attach
form to IEP after getting signature from parents
 Inform
relevant people
Educational Benefit Check
 Amendment clear?
 Parents
 All
and staff agree?
affected staff informed of the amendment?
IEP Requirements Reviewed
 Proposed
program must be designed to address
student’s unique needs
 Reasonably
calculated to provide educational
benefit
 Comport with
 Least
IEP
restrictive environment
Procedurally compliant
 Courts
will focus on procedures that:
 Involve
meaningful participation of parent
 Timelines
Substantive compliance
 If
district meets the above 4 requirements, then it is
legally compliant
 Parents’ preference
for another program will not
make it non-compliant