Enforcing and Enforcing and Maintaining the Maintaining the

IEPIEPJennifer MonthieJennifer Monthie

Disability Advocates, Inc.Disability Advocates, Inc.5 Clinton Sq. 35 Clinton Sq. 3rdrd Floor Floor

Albany, New York 12207Albany, New York 12207(518) 432-7861(518) 432-7861

www.disability-advocates.orgwww.disability-advocates.org

Individualized Education Individualized Education Program (IEP)Program (IEP)

A written statement, developed, A written statement, developed, reviewed and revised by the CSE/PCSEreviewed and revised by the CSE/PCSE

Both the federal and state law contain Both the federal and state law contain very specific requirements as to what very specific requirements as to what an IEP must contain. These an IEP must contain. These requirements are intended to clearly requirements are intended to clearly detail for the CSE all that should be detail for the CSE all that should be considered at a CSE meeting. considered at a CSE meeting.

What must be in an IEP?What must be in an IEP?

Present Levels of Educational Present Levels of Educational Performance;Performance;

Disability Classification;Disability Classification; Annual Goals;Annual Goals; Specific Educational Services;Specific Educational Services; Testing Accommodations;Testing Accommodations; The Extent of Mainstreaming;The Extent of Mainstreaming; Transition;Transition; Extended Year Services; andExtended Year Services; and Parent Notification.Parent Notification.

1. Present Levels of 1. Present Levels of PerformancePerformance

The IEP must include: present levels The IEP must include: present levels of educational performance and of educational performance and individual needs of the student in individual needs of the student in the following areas:the following areas: educational achievement and learning educational achievement and learning

characteristics; characteristics; social development; social development; physical development; and physical development; and management needs. management needs.

What is “present levels of What is “present levels of performance”?performance”?

An assessment of how the student’s An assessment of how the student’s disability affects involvement and disability affects involvement and progress in the general education progress in the general education curriculum. curriculum.

Academic Achievement, Academic Achievement, Functional Performance Functional Performance

and Learning and Learning CharacteristicsCharacteristics

The level of knowledge and The level of knowledge and development in subject and skill development in subject and skill areas, including activities of daily areas, including activities of daily living, level of intellectual living, level of intellectual functioning, adaptive behavior, functioning, adaptive behavior, expected rate of progress in expected rate of progress in acquiring skills and information, and acquiring skills and information, and learning styles.learning styles.

Social DevelopmentSocial Development

The degree and quality of the The degree and quality of the student’s relationships with peers student’s relationships with peers and adults, feelings about self, and and adults, feelings about self, and social adjustment to school and social adjustment to school and community environments.community environments.

Physical DevelopmentPhysical Development

The degree or quality of the The degree or quality of the student’s motor and sensory student’s motor and sensory development, health, vitality, and development, health, vitality, and physical skills or limitations which physical skills or limitations which pertain to the learning process. pertain to the learning process.

Management NeedsManagement Needs

The nature and degree to which The nature and degree to which environmental modification and environmental modification and human or material resources are human or material resources are required to enable the student to required to enable the student to benefit from instruction. benefit from instruction.

2. Disability 2. Disability ClassificationClassification

The IEP must indicate the The IEP must indicate the classification of the disability from classification of the disability from the list below: the list below: Autism;Autism; Deafness;Deafness; Deaf-Blindness;Deaf-Blindness; Emotional Disturbance;Emotional Disturbance; Hearing Impairment;Hearing Impairment; Learning Disability;Learning Disability;

Disability Classification Disability Classification Continued Continued

Mental Retardation;Mental Retardation; Multiple Disabilities;Multiple Disabilities; Orthopedic impairment;Orthopedic impairment; Other Health Impaired;Other Health Impaired; Speech and language Impairment;Speech and language Impairment; Traumatic brain injury; andTraumatic brain injury; and Visual impairment including blindness.Visual impairment including blindness.

3. Measurable Annual 3. Measurable Annual GoalGoal

The IEP must list The IEP must list measurable measurable annual annual goals consistent with the student’s goals consistent with the student’s needs and abilities. needs and abilities. Relate to the student’s “needs” to allow Relate to the student’s “needs” to allow

the student to progress in the general the student to progress in the general education curriculum; and education curriculum; and

Meet the student’s “other education Meet the student’s “other education needs” that result from the student’s needs” that result from the student’s disability. disability.

How are annual goals How are annual goals measured?measured?

Each annual goal must include the Each annual goal must include the evaluative criteria, evaluation evaluative criteria, evaluation procedures and schedules to be used to procedures and schedules to be used to measure progress toward meeting the measure progress toward meeting the annual goal.annual goal.

The IEP must specify:The IEP must specify: Evaluative criteria;Evaluative criteria; Evaluative procedures;Evaluative procedures; Schedule; andSchedule; and Periodic reports on the progress of the Periodic reports on the progress of the

student.student.

Short-Term Instructional Short-Term Instructional ObjectivesObjectives

For students who take a New York State For students who take a New York State alternative assessment (see later in alternative assessment (see later in presentation) and for preschool students presentation) and for preschool students with disabilities, the IEP must include a with disabilities, the IEP must include a description of the short-term description of the short-term instructional objectives and/or instructional objectives and/or benchmarks that are the measurable benchmarks that are the measurable intermediate steps between the intermediate steps between the student’s present level of performance student’s present level of performance and the measurable annual goal. and the measurable annual goal.

4. Special Education 4. Special Education Program and ServicesProgram and Services

The IEP must indicate the recommended The IEP must indicate the recommended special education program and services that special education program and services that will be provided to the student:will be provided to the student: To advance appropriately toward attaining the To advance appropriately toward attaining the

annual goals;annual goals; To be involved and progress in the general To be involved and progress in the general

education curriculum and to participate in education curriculum and to participate in extracurricular and other nonacademic extracurricular and other nonacademic activities; and activities; and

To be educated and participate with other To be educated and participate with other students with disabilities and nondisabled students with disabilities and nondisabled students.students.

Special Education Program Special Education Program ContinuedContinued

The program and services must be The program and services must be based on peer-reviewed research and based on peer-reviewed research and as appropriate indicate:as appropriate indicate: The general education classes which the The general education classes which the

student will receive consultant teacher student will receive consultant teacher services;services;

The class size;The class size; The supplementary aids and services and The supplementary aids and services and

program modifications;program modifications; Statement of supports for school Statement of supports for school

personnel on behalf of the student;personnel on behalf of the student;

Special Education Program Special Education Program ContinuedContinued

The extent to which the student’s parents will The extent to which the student’s parents will receive parent counseling and training;receive parent counseling and training;

Any assistive technology devices or services, Any assistive technology devices or services, including the use of such devices in the including the use of such devices in the student’s home or other settings;student’s home or other settings;

The anticipated frequency, duration and The anticipated frequency, duration and location of each recommended program and location of each recommended program and service, including supplementary aids and service, including supplementary aids and program modifications;program modifications;

Projected date of initiation of the recommended Projected date of initiation of the recommended special education program and service. special education program and service.

5. Testing 5. Testing AccommodationsAccommodations

The IEP must include a statement of The IEP must include a statement of any individual testing any individual testing accommodations to be used accommodations to be used consistently by the student in the consistently by the student in the recommended educational program. recommended educational program.

These testing accommodations must These testing accommodations must be administered in any district-wide be administered in any district-wide assessments of the student’s assessments of the student’s achievement.achievement.

State and District-wide State and District-wide AssessmentAssessment

If a student will participate in an If a student will participate in an alternative assessment on a alternative assessment on a particular State or District particular State or District assessment, the IEP must provide a assessment, the IEP must provide a statement of why the student cannot statement of why the student cannot participate in the regular participate in the regular assessment and why the particular assessment and why the particular alternative assessment selected is alternative assessment selected is appropriate for the student. appropriate for the student.

6. Participation in General 6. Participation in General Education ProgramsEducation Programs

The IEP must provide:The IEP must provide: An explanation of the extent to which An explanation of the extent to which

the student will not participate in the student will not participate in general education programs; general education programs;

For students who do not participate in For students who do not participate in general physical education, the extent general physical education, the extent to which the student will participate in to which the student will participate in specially-designed instruction in specially-designed instruction in physical educationphysical education

7. Transition Services7. Transition Services No later than the age of 15;No later than the age of 15; Updated Annually;Updated Annually; Including:Including:

Under present levels of performance, a Under present levels of performance, a statement of the student’s needs, taking statement of the student’s needs, taking into account the student’s strengths, into account the student’s strengths, preferences, and interests (related to preferences, and interests (related to transition from school to post-school transition from school to post-school activities);activities);

Appropriate measurable postsecondary Appropriate measurable postsecondary goals based upon goals based upon age appropriate transition age appropriate transition assessmentsassessments relating to training, education, relating to training, education, employment and independent living skills;employment and independent living skills;

Transition ContinuedTransition Continued A statement of the transition service needs of the A statement of the transition service needs of the

student that focuses on the student’s courses of student that focuses on the student’s courses of study, such as participation in advanced-placement study, such as participation in advanced-placement studies or vocational education program;studies or vocational education program;

Instruction, related services, community Instruction, related services, community experiences, development of employment or other experiences, development of employment or other post-school adult living objectives, acquisition of post-school adult living objectives, acquisition of daily living skills and daily living skills and functional vocational functional vocational evaluation evaluation to facilitate movement from school to to facilitate movement from school to post-school activities;post-school activities;

Statement of the responsibility of the school Statement of the responsibility of the school district and participating agencies.district and participating agencies.

8. Twelve Month Services8. Twelve Month Services

For students eligible for 12-month For students eligible for 12-month services, the IEP must indicate the services, the IEP must indicate the identity of the provider, a statement identity of the provider, a statement of the reason for the of the reason for the recommendation, and the projected recommendation, and the projected date of review. date of review.

Implementing the IEPImplementing the IEP

Once the IEP is developed and approved Once the IEP is developed and approved by the Board of Education, a student by the Board of Education, a student with a disability is entitled to a free and with a disability is entitled to a free and appropriate public education (FAPE).appropriate public education (FAPE).

This means that the Board of Education This means that the Board of Education is responsible for arranging for the IEP is responsible for arranging for the IEP to be implemented within to be implemented within 60 school 60 school daysdays of the receipt of consent to of the receipt of consent to evaluate. evaluate.

Review and Modification to Review and Modification to the IEPthe IEP

The IEP must be reviewed and modified at The IEP must be reviewed and modified at least annually, but may be reviewed more least annually, but may be reviewed more frequently if appropriate.frequently if appropriate.

The IEP should be revised in the following The IEP should be revised in the following circumstances:circumstances: The student has not made the expected The student has not made the expected

progress towards the annual goals or in the progress towards the annual goals or in the general curriculum;general curriculum;

New information has been provided that New information has been provided that suggests the need for revisions; and suggests the need for revisions; and

As necessary to meet anticipated needs or As necessary to meet anticipated needs or address testing modifications;address testing modifications;

9. Notification of the IEP9. Notification of the IEP

Each of the child’s teachers must be informed Each of the child’s teachers must be informed of his/her responsibilities related to of his/her responsibilities related to implementing the IEP and specifically implementing the IEP and specifically accommodations, modifications and supports accommodations, modifications and supports that are necessary for the student to participate that are necessary for the student to participate in the general curriculum. The IEP must also be in the general curriculum. The IEP must also be accessible to all the teachers and providers.accessible to all the teachers and providers.

Once the program is in place, parents should be Once the program is in place, parents should be kept informed about their child’s progress with kept informed about their child’s progress with regard to the goals and objectives on the IEP. regard to the goals and objectives on the IEP.

Amendments to the IEPAmendments to the IEP

Amendments to an IEP made after the Amendments to an IEP made after the annual review by the CSE may be annual review by the CSE may be made by rewriting the IEP or by made by rewriting the IEP or by developing a written document to developing a written document to amend or modify the student’s amend or modify the student’s current IEP, provided that:current IEP, provided that: The parent shall receive prior written The parent shall receive prior written

notice of any changes to the IEP; andnotice of any changes to the IEP; and The parent shall receive a copy of the The parent shall receive a copy of the

document that amends or modifies the document that amends or modifies the IEP; or a revised IEP upon request. IEP; or a revised IEP upon request.

Thank You. Thank You.