Special Education Update

September 22, 2010

IEP Process

Core instruction Supplemental instruction Evaluation for a suspected disability

Review of Existing Data (Evaluation Review) Parent Consent to Evaluate MET Report

Development of Initial IEP and subsequent IEPT meetings

Monitor progress Reevaluate Reevaluation IEP team meeting when eligibility is in

question Supplemental instruction Core instruction

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SE Providers

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IEPProcess

Role of the Parent in the IEP Process

Embrace the opportunity to participate in the educational process

Participate in the development and implementation of intervention plans

Communicate concerns/fears Report student strengths/areas of need Advocate for their child/student Note: It is near impossible to catch the train

once it has left the station.

Role of the Administrator in the IEP Process

Prior to the Meeting §300.321(a)(4) - A representative of the public agency who--

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general education curriculum; and (iii) Is knowledgeable about the availability of resources of the public agency

Read the MET report and/or evaluation data Review progress monitoring data

During the Meeting Active participation as part of the IEP process Observe parent verbal/nonverbal communication. Document parent requests not included

in IEP in Notice with data recorded to support district decision Verify connection of identified needs to the curriculum based on the disability Carefully consider the provision of education in the least restrictive environment

After the Meeting Provide Notice to the parent of Intent to Implement IEP as an offer of a Free Appropriate

Public Education (FAPE) Accountability - Ensure IEP is implemented with fidelity Monitor progress to ensure goals are met within one year

Is student on track to meet/exceed goals? If not, what needs to be changed - QUICKLY

Role of the Educator in the IEP Process General Educators

Provide core instruction based upon state standards Analyze data to measure student progress Develop and implement intervention plans for students not

achieving at expected rates of learning Communicate progress data to parents and members of

intervention team Communicate the grade level standards expected of students

(including students with a disability) Assist in selection of goals and objectives

Special Educators Provide intensive intervention so students can access the

general curriculum Communicate progress data to parents and members of

intervention team Develop and implement intervention plans for students not

achieving at expected rates of learning

Role of the Evaluation Team in the IEP Process Review existing evaluation process to assist in

creation of diagnostically-sound evaluation measures, assist with revisions

Review of existing evaluation data (preferably before there is a suspected disability)

Partner with school (e.g. principal, diagnostic team member meet with parent to review existing data, create evaluation plan, and obtain parent consent to evaluate)

Provide timely MET report to IEP team members

IEP Process

The Individualized Education Program Present level of performance Secondary Transition Plan Goals and Objectives Supplementary Aids and Services Participations Related Services and/or Programs

Notice for Provision of Services and Programs These are two SEPARATE but connected

activities

Notice DocumentS Notice for Initial Provision of Services and Programs

* See handout Notice to implement an Initial IEP (offer of a FAPE) Initial IEP requires written parent consent to implement plan District not permitted to implement Initial IEP without parent

consent If parent ignores request for consent, district should make

concerted effort to contact parent before sending letter to parent to close the IEP development process. Attach letter to IEP and Notice documents (see handout)

Notice for Provision of Services and Programs (non-initial) * See handout Notice to implement an IEP (offer of a FAPE) Parent “signature of consent” is not part of this Notice

process!

Timeline for Initial Notice

Talking Points – Provision of Notice

There are two Notice forms. One for initial IEPs, and one for all others The district will ALWAYS sign the Notice form that accompanies the IEP. District must ALWAYS provide (i.e. physically give) the IEP and Notice

as one “package” to the parent as soon as possible after IEP Documents may be given to parent at the conclusion of the IEP team

meeting, within 7 days of initial IEP team meeting, mail, backpack, etc. In other words…The IEP and Notice must not “sit” on someone’s

desk! Parent “provides written consent” only for Initial IEP

Date of the IEP The date the district (i.e. administrator) signs Notice form, thus providing

the offer of a FAPE District can not offer a FAPE unless the SE provider(s) have

finished the IEP (i.e. edits complete and IEP finalized) – It is not a pretty “package” until it has a bow!

Talking Points – Documentation Requirements

30-day evaluation timeline for Initial IEP begins with parent consent to evaluate, and ends with the date of the district’s Notice of its offer of a FAPE. (SPP B 11 reporting) PLAN! PLAN! PLAN!

Annual review IEP due date is calculated based upon date of Notice. PLAN! PLAN! PLAN!

District must document options considered and reasons not selected in the Notice. Use the data to support all decisions!

IEP Process Roll-out~ Communication Considerations ~ (Tile 1 of 2)

Create a building/district communication plan for the IEP process with all special education providers * See handout

Put the plan for IEP documentation in writing Caution: Notice explanation – Would building

administrator be the best person to articulate? Designate person(s) responsible to:

Provide IEP and Notice to parent Ensure district receives Notice of consent signed by

parent prior to implementation Alert building principal if consent is not obtained Principal should 1) attempt to obtain consent; or 2) notify

parent IEP process is closed Place IEP documentation into CA60

District may determine personnel other than SE provider

IEP Process Roll-out~ Documentation Considerations ~ (Tile 2 of 2)

Create a draft IEP and share with all participants, including the parent, 1-2 weeks prior to the IEP team meeting

Don’t “doctor the dates” (i.e. pre-date) of Notice process Don’t “negotiate” to reach “consensus” with the IEP. Use data

to support the decisions of the IEP team. The responsibility of the offer of a FAPE continues to rest with the building administrator

Familiarize yourself with the Procedural Safeguards Engage in data review meetings at monthly team meetings to

push for accelerated rates of growth! Pay attention to “Compliance Alerts” from EasyIEP – It means a

IEP documentation is out of compliance! (providers and administrators)

State Performance Plan Indicators

Data Data Data

State Performance Plan (SPP) Indicators – The IEP Connection and CIMS Reflection

SPP B 1 – Graduation Rate SPP B 2 – Dropout Rate SPP B 3 – Statewide Assessment

Participations SPP B 4 –Suspension/Expulsion of SWD

Stand-alone district process SPP B 5 – Educational Environments

Educational Setting SPP B 9 – Disproportionate Representation

Eligibility for all students SPP B 10 – Significant Disproportionality

Eligibility based upon specific disability SPP B11 – Child Find

Date district provided Notice to parent as offer of a FAPE SPP B13 – Secondary Transition

Student’s Postsecondary goals

Suspension/Expulsion (SPP 4)

Reported in MSDS # of out-of-school suspensions over 10 days # of out-of-school suspensions between 2 and

10 days # of in-school suspensions over 10 days # of in-school suspensions between 2 and 10

days Expulsions

Do you have a documentation system?

Disproportionate Representation and Significant Disporportionality (SPP 9,10)

What impacts this indicator? Evaluation of Students with a Disability Previous Enrollment Process

* See handout SE Exit Form

* See handout Participation in the IEP process

Where does the data come from? EasyIEP MSDS

Progress Reports

Record data points as noted in goals and objectives

No requirement for narrative – the progress report supplements the report card

Data should “tell the story”

Amendment

First ask: “Would it be better in the long run to hold an IEP and “restart” the IEP clock?”

The amendment should only be used to make small corrections to the IEP

Notice must be provided to the parent when using an amendment process

Provide signature documents to CEISD secretary

Amendment and Notice must be attached to IEP being amended

Revocation of Consent

Parent who provided consent for IEP may revoke consent by written letter (Written Revocation of Consent)

School (administrator) responds with letter (prior written notice) acknowledging the parent’s “Revocation of Consent” letter

School terminates services “within a reasonable time”

The Ineligible IEP

Ineligible IEP This type of IEP terminates eligibility All ineligible IEPs require a written MET report, IEP,

and Notice Ineligibility due to one or both of the following:

Student does not meet criteria under Michigan rules Student does not need special education services

and/or program

Recommendation: Administrator should always attend this type of IEP. The district is removing the student’s protections under IDEA.

Nonpublic Service Plan

When to use Student with a disability attends a nonpublic school

and auxiliary services need to be provided This includes registered home-school settings

Who is responsible for the creation of the Nonpublic Services Plan and Notice for Provision of Services? The district in which the nonpublic school is located

Petoskey – St. Francis, 7th Day Adventist Ellsworth – Ebenezer Harbor Springs – Harbor Light Charlevoix – St. Mary

Nonpublic Service Plan is a document within EasyIEP system

Nonpublic Service Plan Process – Nonpublic School Located in Student’s District of Residence

District of Residence (DOR) has child find responsibility (Initial and reevaluation) Parent requests Initial evaluation in writing Evaluation completed and Initial IEP team meeting is held to

determine if student is eligible for special education services/programs

If eligible, develop an IEP, note parent’s desire for student to attend nonpublic school in “other factors” section of Notice. Provide IEP and Notice to parent

Parent may refuse consent and request Nonpublic Service Plan – DOR administrator should invite nonpublic administrator to Nonpublic Services Plan meeting

DOR administrator conducts Nonpublic Service Plan meeting, signs and dates Notice for Provision of Services for Nonpublic Services Plan (parent does not sign consent) DOR responsible to conduct annual and reevaluation nonpublic

services plan meetings

Nonpublic Service Plan Process – Nonpublic School Not in Student’s District of Residence

District of Location (DOL) of nonpublic school has child findresponsibility (Initial and Reevaluation)

DOL administrator asks parent if resident district may be invited to the IEP meeting.

Parent says, “Yes” – Inform and invite DOR administrator to IEP meeting and DOR administrator will follow procedure as if nonpublic school is located in district of residence (see previous tile)

Parent says, “No” – Do not violate FERPA and have conversations with child’s resident district! DOL administrator conducting child find conducts Nonpublic Services Plan meeting DOL administrator develops Nonpublic service plan and provides Notice

to the parent. DOL responsible to conduct reevaluations and annual nonpublic

services plan meeting If the parent seeks a FAPE through an IEP, the DOL should direct the

parent to contact the DOR administrator to enroll the student and provide opportunity for the DOR to provide the offer of a FAPE

Resource Information

Diane Heinzelman (Compliance Questions) heinzed@charemisd.org 547.9947 547.9812 x122

Linda Johnson (EasyIEP Function Questions) johnsonl@charemisd.org 547.9947 547.9812 x120

MDE OSE/EIS Quick Reference Guidance Documents http://michigan.gov/mde/0,1607,7-140-

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