Division of Students with Disabilities and English Language Learners

May 2012

Developing High Quality

IEPs

Ensuring each student has access

to their least restrictive

environment

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The Individualized Education Program (IEP) drives instruction for every child who receives special education services.

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The IEP is a Legal DocumentFederal law: IDEA - Section 614(d)(1)(A)(i)

In the United States an Individualized Education Program (IEP), is mandated by the Individuals with Disabilities Education Act (IDEA).

NYS regulations: Section 200.4(d)(2)

“If a student has been determined to be eligible for special education services, the Committee shall develop an IEP”

The IEP is intended to help children reach their educational goals 34 CFR 300.320. In all cases the IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and must help teachers and related service providers understand the student's disability and how the disability affects the learning process.

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High Quality

IEP

Based on individual

strengths & needs

Provides special education as a service, not a

place

Provides access to the least restrictive

environment appropriate for each subject

Aligns with the Common Core

Standards

Family participation

Plans for post secondary outcomes

(for students 15+) Includes Positive Behavior Supports

Tool to Guide Instruction and

Measure Progress

Guiding Principles for IEP Development

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The Development of an IEP Involves a Team

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IDEA 2004 300.321

Team Members

Special Education Teacher General Education Teacher

Parent Student (15 and older)

District Representative School Psychologist (Initials, Reevaluations, Triennials)

Social Worker Parent Member

Related Service Providers

1) Present Level Of Performance and Individual Needs

9) Participation in State Assessments, and with Students without Disabilities

8) Coordinated Set of Transition Activities

2) Measurable Post Secondary Goals and Transition Needs

7) Testing Accommodations6) 12 month Services (if needed)5) Programs and Services – Modifications & Supports4) Reporting progress to parents3) Annual Goals, Objectives / Benchmarks (if needed)

10) Special Transportation11) Placement

Sections of the IEP

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Developing High Quality IEPs Which Provide Access to the Least Restrictive Environment

(LRE)

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• Making program recommendations consistent with the contents of all of the other sections of the student’s IEP

• Justification/Rationale for Removing Students from General Education Setting

FEDERAL LAW, as cited in IDEA §300.114

(i) To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [§300.114(a]

§300.116 Placements – A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum

NY STATE

The school must first consider placement in general education with appropriate support for the student and the student's teacher(s).

Alternative placements, such as special classes, special schools or other removal from the general education environment, would be considered only when the school determines that a student's education in regular classes cannot be satisfactorily achieved even with the use of supplementary aids and services.

 

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Least Restrictive Environment (LRE)

Percent of students, ages 6 through 21, receiving special education services outside the regular class setting more than 60 percent of the school day.

IDEA Part BComparison of State Level LRE Data

(DAC- IDEA Data, 2008)State % Students in MRE Settings

Vermont0

Puerto Rico5.84

North Dakota8.33

Alabama9.41

South Dakota10.5

West Virginia10.5

Oklahoma11.36

Nebraska 11.37Wyoming

11.44Idaho

11.76Kansas

12.02Iowa

12.66Kentucky

12.88Texas

13.66Oregon

13.7Montana

13.79Colorado

13.81Connecticut

14.1Wisconsin

14.33Minnesota

14.55Nevada

15Pennsylvania

15.39Mississippi

15.47Tennessee

15.6Alaska

15.63Missouri

15.68Washington

15.73Maine

16.25Arkansas

16.8North Carolina

18.04Arizona

18.26Indiana

18.93Georgia

19.04Louisiana

19.11Utah

19.21Ohio

19.63Virginia

20.91Michigan

21.3New Mexico

21.53Rhode Island

21.97Florida

22.06Massachusetts

22.62South Carolina

22.84Delaware

23.3Maryland

23.99Illinois 25.5California

27.78Hawaii

28.93New Jersey

29.19New Hampshire

30.26New York

32.46District of Columbia

51.96

48. Hawaii 28.93 49. New Jersey 29.19 50. New Hampshire 30.26 51. New York 32.46 52. District of Columbia

51.96

State Performance Plan Indicator 5: Least Restrictive Environment – School AgeThis definition includes

students with disabilities in public schools, separate alternative schools, residential facilities. parentally placed in private schools, correctional facilities, and home or hospital environments.

New York State LRE Data

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LRE Checklist> Use to inform decision-making in IEP meetings

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Front: ChecklistBack: Quick reference to federal, state, and city laws and policy

http://intranet.nycboe.net/NR/rdonlyres/E1700769-4971-4A5F-8DC8-669F9A9C80BD/0/LREChecklistFINAL_POST.pdf

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Need “A”Support to minimize the impact of need “A”

Restrictive program which is inconsistent with identified strengths and needs

Educational Benefit AlignmentDeveloping the IEP: Does it all connect?

Need “B”Need “C”Need “D”

Part time ICT for ELA to meet needs B, C, D

ResourcesSpecial Education Toolkit- IEP section

Model Forms: Student Information Summary and Individualized Education Program (IEP)

Developing IEPs linked to the Standards

Justification/Rationale for Removing Students from General Education Setting

Test Access and Accommodations for Students with Disabilities: Policy and Tools to Guide Decision-making and Implementation

Policy memorandum — Special transportation

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If you have any additional questions, please email: SpecialEducationReform@schools.nyc.gov