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Individualized Education Program (IEP) Process Overview
Malisa Burkhart, Executive Director
Terri Lynne Ricetti, Coordinator
Napa Valley USD, Special Education
ACSA ~ Special Education Academy
Rancho Cordova October 10, 2014
IEP Process Overview 2
Outcomes: Participants will understand…
IDEA ’04 requirements for the IEP process
The IFSP, IEP and ISP process
Procedural Safeguards
FAPE, LRE and the continuum of service options
Educational Benefit
MIS Reporting (CA Special Ed Management Information System = CASEMIS)
IEP Process Overview 3
IFSP, IEP and ISPInfant Family Service Plan (IFSP) – Part C Child-centered but family-focused
Culturally sensitive
Collaborative interagency coordination
Transdisciplinary approaches to assessment and delivery of services
Birth through age 2
Individualized Education Program (IEP) – Part B Documentation of assessment, goals and services
Ages 2 through 21
Individual Service Plan (ISP) Students who are parentally placed in a private school and eligible
for special education
IEP Process Overview 4
Update on State and Federal Regulations
IDEIA signed by President 2004
Federal Regulations adopted 2006
State began legislation to bring
California into conformity in 2007 by
revising regulations
IEP Process Overview 5
Focus of Revisions
Paperwork Reduction
Flexibility in Multi-Year IEPs
Alignment with NCLB – Fully Qualified
Teachers
Accountability in Testing
School Safety
Collaboration with Families
IEP Process Overview 6
Guiding Principles of IDEA 2004
High Expectations and Agency Accountability
Improving Results through the General Curriculum
Education with Nondisabled Peers
Parental Involvement and Partnerships
Increased Efficiency and Flexibility
IEP Process Overview 7
High Expectations and Agency Accountability
State and district assessment programs
with appropriate accommodations
Standard, non-standard, alternate
assessment
Schools report progress on goals and
objectives
IEP Process Overview 8
Improving Results through the General Curriculum
Relating a child’s education to what
non-disabled students receive
Providing for general education
teacher’s participation in the IEP
process
Requiring the IEP team to consider
special factors
IEP Process Overview 9
Education with Non-disabled Peers
Research supports the instruction of
students with disabilities in general
education with nondisabled peers
Service in general education means
needed supports and modifications
IEP Process Overview 10
Education with Non-disabled Peers (cont.)
The Individual Educational Plan must include:
An explanation of the extent, if any, to which the child will not participate with non-disabled peers in the general classroom, and other activities
A statement of specific special education and related services and supplemental aids and services to be provided in general education
IEP Process Overview 11
Role of the Parents
Provide consent to assessment and provision of
special education services
Participate in meetings for the identification,
evaluation, placement and FAPE
Parents are included in eligibility and placement
decisions
IDEA 2004 recognizes the importance
for parent/school partnerships and
non-adversarial dispute resolution.
Parents are offered mediation
as a voluntary option for dispute resolution.
IEP Process Overview 12
Parent Rights
To receive prior notification
To participate in decision-making
To be informed of options
To provide written consent to assessment and special education services
To access an independent educational evaluation, if they disagree with district’s assessment
To access all records
To settle disputes voluntarily
To Due Process through state level hearing and complaint options
IEP Process Overview 13
Increased Efficiency and Flexibility
The focus is on obtaining useful information
for instruction and decision-making
At three-year review: No need to reestablish
eligibility if the IEP team agrees that the
student continues to be eligible for special
education services
Each IEP is an opportunity to review
progress, evaluate needs and set
expectations for the student
IEP Process Overview 14
Teacher Conference and Student Study Team Opportunities
Prior to referral to special education, meet with the teacher(s) individually or in a group to discuss student’s strengths, challenges, and accommodations and/or modifications implemented, and the outcomes (RtI)
Identify concerns and needs
Implement and document accommodations (RtI)
Develop further accommodations and options
Review and evaluate impact of accommodations and/or modifications on the student’s progress (RtI)
IEP Process Overview 15
Timelines
15 days: After a written referral is received to develop and offer an assessment plan
15 days: For parents to provide informed written consent
IEP Team Meeting Notification in sufficient time to allow parent participation
60 days to hold IEP following
receipt of signed consent
Transition IEP in place
on 16th birthday
IEP Process Overview 16
Timeline (cont.)
60 days to complete the assessment followed by: An assessment report
A meeting to determine eligibility
A written Individualized Education Plan, if eligible
Service/Placement recommendations
Parent’s signature (approval)
Expeditious placement
Annual review from date of last IEP meeting, or earlier if necessary
Timeline (cont.)
Interim placements, 30-day timeline
Requires administrator signature only
Gather IEP paperwork from previous district/SELPA
(release of information)
Provide services as close to previous placement as
appropriate
Assessment of student in current placement, as
appropriate
Convene IEP with parent within 30 days
IEP Process Overview 17
IEP Process Overview 18
Offer Assessment
Plan
& Obtain
Parent
Permission to
Assess
If Permission is
not Obtained in
15 Days-
Move BACK 1
Space
Start HereOR
Start Here
•Classroom Screening
•Observation
•Consultation
Parent Request
for Assessment
Establish
Suspected
Disability
Document
Modifications
Develop
Assessment
Plan
Only 15 Days
Allowed in
REFERRAL POND
IEP Process Overview 19
Assessment in all
areas of suspected
disability
•Social/Emotional
•Communication
•Sensory Motor
•Academic
•Cognitive
Development
•Personal Care &
Living Skills
Provide all written
reports to parents
CAUTION
Stay no more
than 60 days in
Assessment Land
IEP Process Overview 20
IEP Team
Meeting:
Establish
Eligibility
Develop
Goals &
Objectives
Recommend
Program
Placement
Options
Parent Approval of
IEP
(If not obtained in 15
days, move back
4 spaces)
IEP Process Overview 21
Special Education
Services
OR
Program
Implemented
in Least
Restrictive
Environment
Periodic
Reports on
Goals (at least
as often as
report cards)
Reassessment
at least every 3
years (or as
agreed upon)
Return to Referral
Pond & Develop
Assessment Plan
IEP Process Overview 22
Assessment: To Determine Eligibility
Whether a student has a disability
If there is a need for special education and/or
related services to benefit from education
Present level of educational functioning and
needs
IEP Process Overview 23
Assessment Requires
Parent notice and obtain written consent
A meeting to review assessment and existing information from parents, teachers and others
The determination of additional information needed
Collection of additional information and/or administer tests
A written report by individual assessors or by the team of assessors
IEP Process Overview 24
Eligibility (2-prong)
Specific Learning Disability
Speech or Language
Impairment
Emotional Disturbance
Intellectually Disabled
(AKA: MR)
Autism
Other Health Impairment
Hearing Impairment/
Deafness
Visual Impairment/Blindness
Deaf/Blindness
Orthopedic Impairment
Traumatic Brain Injury
Multiple Disabilities
A disability as listed in law, and because of the disability the student requires special education and/or related services
IEP Process Overview 25
Reassessment
IEP team discusses need for
re-assessment
Parents are notified
Parents must provide written consent to
testing
After obtaining written consent, LEA
conducts the reassessment
IEP Process Overview 26
ReassessmentFactors to consider and determine:
Whether the student continues to have a disability
The student’s present level of performance and educational needs
Whether the student continues to require special education and related services
Whether any additions/modifications to the special education and related services are needed to enable the student to meet the annual goals of the IEP and to participate, as appropriate, in the general education curriculum
IEP Process Overview 27
The IEP Team Meeting
IEP Process Overview 28
The IEP Team MeetingMembers
Parents
General education teacher
Special education teacher
Administrator or designee (Representative of the Local Education Agency authorized to commit LEA resources)
Individual who can interpret assessment results, if sharing assessmentA representative of the Early Start Program if the student is transitioning from IFSP (Part C) to IEP (Part B)
Student, when appropriate and always included in development of transition plan
Others (i.e., agency representative)
IEP Process Overview 29
Unless they are excused
With prior parent permission
If the team member’s area of curriculum
or related service
Is not being discussed
Written input has been submitted (appraisal
form)
IEP Process Overview 30
Role of the Administrative Designee at IEP Meetings
A representative of the LEA who is:
Qualified to provide, or supervise the
provision of, specially designed instruction to
meet the unique needs of children with
disabilities
Knowledgeable about the general curriculum
Knowledgeable about the availability of
resources of the local education agency
IEP Process Overview 31
Administrative Designed Role (cont.)
District/County/ or SELPA employee authorized by responsible district of residence
Authorized to commit district resources
Responsible for:
Eligibility
Free Appropriate Public Education (FAPE)
Least Restrictive Environment (LRE)
IEP Process Overview 32
IEP Meeting Chair
Responsibility for conducting the meeting
Ensure that special education process is followed by the IEP Team
Ensure that the IEP paperwork is completed and returned to the special education office
Explain the Parental Rights to the parent and answer any questions about their rights
Provide copies of assessment reports and IEP to all parties who need them
Follow-up on unresolved issues
IEP Process Overview 33
Required Forms
Notice of special education referral
Assessment plan
Notification of team meeting
Learning disability eligibility form (for SLD only)
Transition plan (16+ years)
Current levels of performance, goals and objectives form
Program Description Summary
IEP Process Overview 34
Role of the General Education Teacher
Provide information about the general education
curriculum
Identify the need for supplemental aids and
supports
Design program modifications
Request support for school personnel
Consider request for positive behavior
intervention
IEP Process Overview 35
Transition PlanShould drive the process for students 15 years and older
By age 16: A statement of transition services and any interagency responsibilities or needed linkages
By age 17: A statement that the student was advised that all special education rights transfer to the student upon the 18th birthday (conservatorship)
Age 18: Transfer of rights, however must still notice parents as well as student; may order pamphlets from CA Bar Foundation [email protected]
IEP Process Overview 36
Transition Requirements
Transition Plan based on student
assessment results and preferences
Activities to address Post Secondary
Goals
Post-Secondary Goals in
Education or Training
Employment
Independent Living (if appropriate)
IEP Process Overview 37
Summary of Performance
For pupil whose eligibility for special
education ends due to graduation or
age eligibility termination
Provide to pupil
Summary of academic achievement and
functional performance
Recommendations on assistance pupil
will need in meeting post-secondary
goals
IEP Process Overview 38
Present Levels of Performance
Stated in narrative form, Present Levels of
Performance must include the following:
A description of:
the strengths of the student in each area (i.e.,
speech and language, reading, social skills)
the educational needs of the student that result from
the disability
how the disability affects involvement and
progress in general education curriculum and/or
appropriate activities.
IEP Process Overview 39
Standards Based Learning
IEP Goals become focused on student achieving Common Core State Standards
Common core goals
Skills needed to achieve standards
Accommodations required for instruction
Classroom instruction supported by
General education
Special education
Related services
Materials
Professional training
Support programs
IEP Process Overview 40
Measurable Goals (and Objectives)
Addressing needs for involvement and
progress in general education based on
standards and benchmarks
Addressing the student’s other educational
needs
Written to represent expected progress over
a period of one year
IEP Process Overview 41
Goals and Objectives (cont.)
Determine whether anticipated progress is
being achieved
Meet to revise IEP to address
Lack of expected progress
Results of assessment
Information provided by parents
Anticipated needs and other considerations
Meet and revise the IEP at least annually
IEP Process Overview 42
Board of Education of the Hendrick Hudson Central School District, et. al. v. Rowley, et. ux. U.S. Supreme Court
1985
Federal law (94-142 or IDEA) requires a “free appropriate public education” (FAPE) for disabled children. If child is placed in regular classroom, the IEP should be “reasonably calculated to enable child to achieve passing marks and advance from grade to grade.”
IEP Process Overview 43
Rowley (cont.)
Other than this, there is no substantive
standard prescribing the level of education for
disabled children. There is no requirement to
maximize the potential of each disabled child.
The courts are only concerned with whether
the agency has complied with the procedural
requirements and if the IEP is reasonably
calculated to enable the child to receive
educational benefits.
IEP Process Overview 44
Free and Appropriate Public Education, Definition
Provided at public expense, under public supervision and direction, and without charge
Meets the standards of the State Education Agency
Includes preschool, elementary and secondary
Provided in conformity with the IEP requirements of IDEA 2004
IEP Process Overview 45
FAPE Definition (cont.)
Requires specially designed instruction
Meets unique needs of the student with disability
Provides related services when required to assist a child with a disability to benefit from special education
Defines the relationship to the general education curriculum
IEP Process Overview 46
FAPE (cont.)
Requires that alternative services
continue to be made available
to suspended or expelled students
Supportive School Climate and AttitudeToward Student Diversity = LRE
Engaging Curriculum Presented atInstructional Level of Student
Classroom Instructional Adaptation of Curriculum Requirements
Classroom ManagementSystem
Instructional Goals inSocial Skills Areas
BehaviorIntervention Plan
Functional Behavioral Analysis
More Restrictive Environment
IEP Process Overview 48
Least Restrictive Environment (LRE)
To the maximum extent appropriate, children with disabilities, including children in public or private institutions and other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the general education environment occurs only when the nature or severity of the disability of the child is such that education in the general class with the use of supplementary aids and services cannot be achieved satisfactorily. Section 612(a)(5)(A)
IEP Process Overview 49
Key Concepts of LRE
Must be individually determined and based on a student’s individual needs
Applies to all children with disabilities
The general education class is always the first choice
Consideration and use of supplementary aids and services to make the general education class a first and viable choice is required
IEP Process Overview 50
Holland v. Sacramento CityThe Four–Part Full Inclusion Test1. The educational benefits available to
the student in a regular education classroom, supplemented with appropriate aids and services, as compared with the educational benefits of a special education classroom
2. The non-academic benefits of interaction with children who are not disabled
IEP Process Overview 51
Holland (cont.)
3. The effect of the student’s presence
on the teacher and other children in
the classroom
4. The cost of mainstreaming the student
in a regular classroom
Educational Benefit
Reference Handbook on
Educational Benefit (NVUSD)
IEP Process Overview 52
IEP Process Overview 53
Continuum of Placements
Instruction in general education classes
(with supplementary services if
needed)
Service specific classes
Service specific separate classes
Non public schools
State school
Home/hospital instruction
Other
IEP Process Overview 54
Required Content of the IEP: Aids & Services
Must enable the child to:
Advance appropriately toward annual goals
Be involved and progress in the general education curriculum
Participate in extracurricular and nonacademic activities
Be educated and participate with other children with disabilities and non-disabled children
IEP Process Overview 55
Special Factors to be Considered
Behavior intervention and strategies
Language needs: Limited English Proficiency (LEP)
Instruction in and the use of Braille for a student with visual impairment/blindness
Communication needs and opportunities for a student with a hearing impairment/deafness
Assistive technology needs for a student who requires assistive devices or services to benefit from education
IEP Process Overview 56
Program Description Summary
Services determined by the IEP team:
Dates: The start and end of the service
Location: For example, pull-out or in general
education with non-disabled peers
Frequency: At least 30 minutes per week
which includes consultation
Duration: For the regular school year;
Extended School Year (ESY), if eligible
IEP Process Overview 57
Progress Reporting
Progress measured by providers and
documented on IEP
Reporting progress to parents at least
as often as general education progress
reports are sent home
IEP Process Overview 58
Changes to the IEP
After the annual IEP meeting for a school
year
Parent and LEA representative may agree
To amend or modify the pupil’s existing
IEP without convening a team meeting
Parents may request that the IEP be
redrafted
LEA representative must inform team
IEP Process Overview 59
Implementing the IEP
Work as a team/build
relationships
Focus on strengths and needs
of child
Vary teaching methods and
adapt the curriculum to meet
the child’s needs
IEP Process Overview 60
Teamwork
Collaboration
Staff Support
Home/school partnership
ACBD
Always consult before deciding
Always communicate before doing….
…..so that there are no surprises
IEP Process Overview 61
IEP Best Practices
Do not simply collect information, consider where it fits in the puzzle.
Do not lose the forest for the trees in assessing the child’s progress. Keep the big picture in mind!
Make sure the goals and objectives match the child’s skill level and abilities.
Be wary of too many goals and objectives.
IEP Process Overview 62
IEP Best Practices
Make sure the goals and objectives are
not too general.
Describe skills to be achieved instead of
promising levels of achievement.
Make sure each service provider has a
copy of at least that portion of the IEP
he or she is responsible for
implementing.
IEP Process Overview 63
IEP Best Practices
Make sure each service provider knows
the evaluation schedule for assessing
student progress on goals and
objectives.
Make sure the child’s progress toward
the goals and objectives is reported to
the parents as agreed in the IEP.
Be mindful of the student’s privacy.
IEP Process Overview 64
IEP Best Practices
Listen to the parents’ concerns and
expectations.
Communicate with the parents and
keep them informed.
DOCUMENT!
DOCUMENT!
DOCUMENT!
IEP Process Overview 65
Best Intentions
Hope for the best, plan for the worst and
expect surprises!
When life happens…
IEP Process Overview 66
Alternative Dispute Resolution
1. Local Resolution Session
2. Resource Parents (Parent to Parent Support)
3. Program Specialists (Placement Specialist Support)
4. Facilitated IEPs
5. Solutions Panel
6. Local Mediation
The opportunity to resolve disputes at
the earliest stage under neutral,
non-adversarial conditions.
IEP Process Overview 67
Conflict: Federal law requires that IEP meetings will be non-adversarial
The need to be right is a primary contributor to any conflict
Communication skills can contribute to conflict OR help to resolve it
People in conflict usually think they know the cause, but their assessment is almost always wrong
Strategies: Present a proposal, check for understanding, check for agreement & focus on what the team has agreed to
Stop and ask: Where are we? Where do we want to go? How will we get there?
IEP Process Overview 68
Components of successful IEP Meetings
1. Planning:
Send parent packet (meeting notification, parent rights, parent input questionnaire)
Room set-up
Create an inviting atmosphere
Have agenda, charts and IEP forms ready
Be knowledgeable about all assessments and background information
Assessment reports
We need to remember how uncomfortable many parents feel in IEP meetings.
It’s a good practice to call new or concerned parents in order to answer any questions they may have or to review the IEP meeting process.
IEP Process Overview 69
Components of Successful IEP Meetings (Cont.)
2. Group memory charts
3. Teamwork
4. Agenda
5. Strategies for managing
conflict
6. Completed IEP forms
7. Follow-up
IEP Process Overview 70
The Agenda:A Road Map to Success
Where are we now?
Where are we going?
How far can we get this year?
How will we get there?
What route will we take?
Assessments-What does the student know and what can he do well?
Long term vision
Goals/benchmarks (based upon essential standards)
What services will be provided?
Where will the services be provided?
IEP Process Overview 71
The IEP Meeting Agenda:A road map to a successful journey….
Welcome/ Introductions
Review meeting outcomes
Review IEP meeting
guidelines
Review/clarify parent rights.
Present levels of performance
Parents’ input
Educators’ reports
IEP Process Overview 72
IEP Meeting Agenda (Cont.)
Summary of present levels of performance: strengths, weaknesses and needs
Determine eligibility
Develop goals and objectives
Determine program placement
Determine need for related services
Conclusion
Team signatures
Meeting evaluation
IEP Process Overview 73
IEP Meeting OutcomesBy the end of this meeting, we will have:
A better understanding of the student’s needs so that
an appropriate educational plan can be developed
Appropriate and achievable goals and objectives that
reflect our high expectation for achievement this
school year
Appropriate placement, supports and services to
meet the student’s needs
Clear understanding for follow-up and communication
in the upcoming school year
IEP Process Overview 74
The Importance of CommunicationIt’s not just what you say…It’s HOW you say it
55% Body Language
38% Tone
7% Content
Active listening – gather information regarding any conflict
“I understand you have some concerns, please tell us about them.”
Paraphrase: Would you state in your own words what Bob just said?
What I think I heard you say is …
Clarify information, when needed: “I don’t quite understand, could you repeat what you said?”
Would you say a little more about…
Acknowledge that people see things differently
Remember, the face communicates emotions
IEP Process Overview 75
Strategies
Develop Procedural Guidelines (AKA: Ground Rules or Norms)
Be clear upon roles; when conflict arises assign a facilitator and recorder/note taker
Use a written agenda, capture concerns & desired outcomes, build upon small agreements & chart them
Defer Non-IEP Items into an Issue Bin
Develop an Action Plan so that all parties leave knowing next steps
IEP Process Overview 76
Follow-up:Successful IEP Teams Ask the Following Questions:
Are team members working together to
implement the IEP goals and objectives?
Do all team members have copies of the IEP?
Do teachers’ lesson plans address the IEP
goals and objectives?
Does the instruction focus on the child’s
strengths and needs?
Is the child’s progress being monitored?
Are related services in place according to the
IEP?
IEP Process Overview 77
Meeting Evaluation
What Worked?
Shorter meeting
Improved
communication
What could be changed or
improved?
Better room arrangement
Better preparation prior to
meeting
REMEMBER:The child is not static, but a dynamic being that is living,
breathing, and changing …..
…..therefore, the IEP must change with the
child!
MIS Reporting
CA Special Education Management
Information System (CASEMIS)
Compliance monitoring
(Dec. 1 & July 1)
Triggers of non-compliance
Error reports
IEP Process Overview 79