IEP Meeting NotesMargaret A. Saleh, J.D.Director, Special EducationConejo Valley Unified School District

Why Are Meeting Notes Important?They document important aspects of the IEP such as:Parent participation.Parent requests.District response to parent requests.Areas of agreement/disagreement.Clarification of items.Elaboration/explanation.

Be More Than a RecorderListen for Particularly Important Items.There are some things that are said during meetings that can strengthen a Districts case if properly documented.

Should we only take notes for high profile cases?You never know when a case is going to become high profile. Just because a parent doesnt have a problem today doesnt mean that they wont tomorrow.The statute of limitations is 2 years maintain a clean record!Just because you dont start the meeting with notes doesnt mean that you cant begin taking them when a disagreement occurs.

General Guidelines

Examples

More ExamplesParents want Johnny to have tests read to him. Mr. Smith is not altogether comfortable with this. Unclear outcomevs.

Parents request that Johnny have tests read to him. However, the principal does not believe this accommodation is necessary, as Bobbys visual processing skills are within the average range. Parents agree to having Bobby take tests without accommodations. Clear explanation and outcome

General Guidelines

General GuidelinesMore on Names:Do not name a specific person to do a job (i.e. Mrs. Smith will work with Bobby daily.).

Mrs. Smith may decide to quit her job next weekbut the IEP specifically says that Mrs. Smith and only Mrs. Smith - will be working with Bobby! What now?

Instead, state the persons position (i.e., The reading specialist will work with Bobby on decoding for 30 minutes daily.).

General GuidelinesBe ObjectiveBe aware of the voice in your writing.

Example:The parent demanded a speech assessment.vs.The parent requested a speech assessment.

Maintaining an Objective/Noncontroversial Writing Voice

Dangerous PhrasesMore Appropriate PhrasesThe District refusesBased on _____, the District does not agree that _______ is appropriate at this time.Johnny is out of control in class.Johnny exhibits difficult behaviors in class such as shouting out, walking around without permission, and calling other students names.Billy is no good at math.Math is an area of difficulty for Billy.Bobby still has no friends.Bobby continues to struggle in the area of peer relationships and has not yet formed meaningful bonds with the other students in class.

General GuidelinesClarity/AccuracyMake sure your notes make sense.

Whenever possible: Notes should either be read aloud or shared with the parent at the conclusion of the meeting in order to ensure that everyone agrees to their accuracy.

Document in the notes that the notes were reviewed prior to adjourning.

Remember: The notes are a part of the IEP and therefore the parents are signing agreement with their accuracy in addition to the offer of FAPE.

What are some things that I need to make sure to document?Parent ParticipationParent RequestsAreas of DisagreementLeast Restrictive EnvironmentFAPEAdditional Items

Meaningful Parent ParticipationThe district must come to an IEP meeting with an open mind and several options, discuss and consider the parents placement recommendations and concerns, and then the District members of the IEP team must make a final recommendation. When consensus cant be reached, the LEA Representative must make the offer of FAPE.

Avoid the Appearance of PredeterminationThe district may not independently develop an IEP without meaningful parental participation, and then simply present the IEP to the parent for ratification.

Recently Cited: OAH CASE NO. 2009080713, OAH CASE NO. 2009040479, OAH CASE NO. 2008100752, OAH CASE NO. 2009010187, OAH CASE NO. 2007120415.

When have parents meaningfully participated?Parents have meaningfully participated when they:Are informed of the child's problems.Attend the IEP meeting.Had the opportunity to disagree regarding the IEP team's conclusions.Had the opportunity to request revisions in the IEP.Failure to include parental participation is a significant denial of FAPE.Ms. S. ex rel G. v. Vashon Island School District

How do I document parentparticipation?Make sure to include the purpose of the meeting on the invitation.Note any questions that the parents asked or comments that the parents made.Mother inquired about Johnnys social skills on the playground.Parents report that they have been very impressed with Bobbys progress. Mother reports that she spends 3 hours per night doing homework with Billy.While teacher reports that Billy behaves appropriately at school, his mother states that he fights with her frequently.

Response to Parent RequestsThe District is required to consider (but not necessarily agree with) parent concerns and requests.Make sure to document:That the team discussed and considered the request.The reason the parent feels it is necessary.The Districts response and reason for the response.

Examples of Responses to Parent RequestsParents request an additional speech/language assessment due to concerns in the area of pragmatics. The District will consider this request and will respond within 15 days.

Parents request that RSP services be provided after school, as they do not want Bobby to miss music. The RSP and the general education teacher discussed and agreed upon a time during which Bobby can receive services without missing music.

Parents request an additional goal in the area of decoding. The RSP will collect baseline data for a period not to exceed 30 days and the team will reconvene to review the data and determine whether a goal is needed.

Documenting DisagreementAlways document the reasons why the school team disagrees.Document facts, not opinions.The offer of FAPE must be definitive.Dont use an adversarial tone.Document what the outcome of the discussion was.

ALWAYS INCLUDE THE REASONParents request ___________ due to concerns in the area of _________.

Based on _____________________, the District (Describe the data, teacher reports, progress, etc.) believes ______________ is/is not (the parent request)appropriate at this time. However, the District

proposes _____________ to address the areas (proactive intervention, collecting additional data, etc.)of parent concern.

Areas of DisagreementThe district will not do the assessment that the parents want.vs.

Parents are requesting an additional psycho-educational assessment due to concerns in the area of reading. In considering this request, the team reviewed current data, which indicate that Johnny is making progress toward his annual reading goal. Furthermore, Johnnys teacher reports that he reading within grade level standards based on district assessments. Therefore, the District does not feel that an assessment is warranted at this time and thus the District denies parents request for additional assessment.

Post-IEPThe District is required to respond to parent requests in writing within 15 days if the District is in disagreement.Notify the Coordinator of the disagreement and the request immediately after the meeting.The Coordinator or the Director of Special Education will respond to the parents with a 300.503 letter (also known as Prior Written Notice).

Least Restrictive EnvironmentStudents may be removed from the regular education environment only when the nature or severity of the students disabilities are such that education in regular classes with the use of supplementary aides and services can not be achieved satisfactorily.

Ed. Code Section 56040.1

Yes, These Are Significant Environment/Service Changes!Individual Aide SupportContinuation SchoolIndependent SchoolSpecial Day ClassesHome Hospital

All of these require an IEP meeting!

Notify your Coordinator when considering any of these!

Offer of a Free and Appropriate Public Education (FAPE)The District is required to provide a clear written offer of FAPE at the conclusion of the meeting.The offer must be solidit does not offer choices.NOT: The District offers _____ or _____.YES: The District offers the following as the most appropriate and least restrictive environment in which to meet Bobbys needs:Specialized Academic Instruction in a separate classroom: 30 minutes daily.

Elements of FAPEThere is a two-prong test to determine whether a district has provided FAPE:Has the school system complied with the procedures set forth in the IDEA?

Was the IEP reasonably calculated to enable the child to receive meaningful educational benefit?

Board of Education of the Hendrick Hudson School District v. Rowley

Was the IEP Designed to Meet the Childs Unique Needs?The IEP must:Be based on an assessment that addressed all areas of suspected disability.The areas of unique need were identified based on the assessment/present levels of performance.Goals or accommodations were developed to address the areas of unique need.Services were offered to address the goals.

Key Phrases to Use When Discussing FAPEDesigned to meet the childs unique needs.Ex/ Parents believe that additional RSP time is needed. However, the school-based team reports that the data collected indicates that the current offer of FAPE is appropriately designed to meet Billys unique needs in the area of reading.Reasonably calculated to enable the child to receive educational benefit. Ex/ Parents feel that the reading goal is not high enough. However, the school-based team reports that the goal is based on baseline data and is reasonably calculated to produce educational benefit for Johnny.

Additional Items to DocumentWas the meeting recorded?Excusal of IEP Team Member forms.Document in the notes when an excusal is signed. The form should be signed prior to the meeting beginning (preferably sent home) and attached to the IEP.Time when parents excuse team members to leave early.Consideration of outside assessments.The IEP team is required to consider (but not necessarily agree with) outside assessments obtained by the parents.Timeline extensions.

SignaturesDid the parents sign the IEP before leaving? If not, document why.Did they disagree with something or did they just want to take it home for review?If they disagreed, contact the Coordinator immediately after the meeting.

If they took it home for review, ask them for a date upon which they expect to have a decision and document that date in the notes.

Helpful FactsMethodology:The District has the right to choose the methodology it uses as long as the methodology is reasonably calculated to provide educational benefit.

Extended School Year (ESY): Only required if the student is likely to exhibit significant regression with limited recoupment. Based on Billys present levels of performance, the District does not believe that ESY is required in order to prevent regression with limited recoupment.

If youre in a bindDont panic. You have some options:Let the data guide your decision-making.Do you have enough data? If not, propose 30 days to collect it. If unsure, tell the parents that the District will consider their request and respond within 15 days.Complete as much of the IEP as possible. Consider stopping and reconvening with a District administrator present.

Guidelines for Time30 days (Guidelines this is not law).Generally, this is an acceptable amount of time to collect additional data if needed.Generally, this is an acceptable amount of time for a diagnostic placementbut specify in the notes that it is a diagnostic placement and what that placement is.The team must reconvene at the conclusion of the placement.15 days This is law.The District must respond to disagreements in writing within 15 days.

Sowho should take the notes?At first, it may be best to rotate so that everyone gets the experience of taking notes.

For contentious cases, the person who feels the most comfortable/competent should take the notes.

Keep in mind that it can be difficult to facilitate/present at a meeting and take notes at the same time. However, that doesnt mean that you cant trade during the meeting.

The Process of Taking NotesMake the determination of who will be taking the notes before the meeting begins.If you are uncomfortable with your notes, have a team member proofread them before you read them aloud or present them to the parents.You can rotate who is taking the notes depending on who is presenting at the time.Ex/ The psychologist can take the notes while the RSP presents and the RSP can take the notes while the psych presents.

Final ThoughtsThe IEP notes are part of a legal document. It is essential that they be professional, accurate, and representative of what occurred during the meeting.

Remember if the case goes to due process, the ALJ will put great weight toward what is documented in the notes.

Without the notes, points of contention revert to he said, she said.

The notes assist Special Education administration when we respond to parent disagreements.

Questions?

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