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DUE PROCESS ESSENTIALS WHAT DO NEW TEACHERS NEED TO KNOW? 1 Due Process Essentials – August 2013.

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Presentation on theme: "DUE PROCESS ESSENTIALS WHAT DO NEW TEACHERS NEED TO KNOW? 1 Due Process Essentials – August 2013."— Presentation transcript:

1 DUE PROCESS ESSENTIALS WHAT DO NEW TEACHERS NEED TO KNOW? 1 Due Process Essentials – August 2013

2 COMMON IEP PROBLEMS In the school year MDE completed a compliance review in the district. They found some systemic problems that need to be addressed. We will highlight these issues and other common problems as we go through the presentation today. 2 Due Process Essentials – August 2013

3 UPCOMING MDE REVIEW This year we are responsible to complete a self-review in preparation for an on-site compliance review by MDE scheduled for the school year. We are hoping that the problems in the past will not be problems in the future. 3 Due Process Essentials – August 2013

4 CITATIONS AND COMMON ERRORS (MDE CITATION AREAS ARE UNDERLINED)  Required Team Members- Excused Absences  PLAAFP (Present Level of Academic Achievement and Functional Performance)  Goals and objectives  Special Education and related services  Adaptations/modifications  Progress Reviews  Annual Review of IEP  LRE  Prior Written Notice  Timelines 4 Due Process Essentials – August 2013

5 FREQUENTLY ASKED QUESTIONS In New Teacher Workshop, we talked about available resources. We will be referencing many FAQs and TIP SHEETS as we walk through this presentation. These are stored on the flash drive you were given. Due Process Essentials – August

6 PROCESS FOR TEAM MEMBERS  When you send out a Team Meeting Notice, make sure you identify each required member.  The Team Meeting Notice sign in sheet provides a spot for excusals. See FAQ 3b. 6 Due Process Essentials – August 2013

7 TIMELINES FAQ 5 As a case manager, you are the one who is responsible for managing timelines. Let’s walk through the FAQ. Link to FAQ Due Process Essentials – August

8 TIMELINES  It is required that the annual IEP meeting is held on or before the date of the previous annual IEP meeting.  If there is a situation that requires more than one meeting, it is the date of the first meeting that is considered the annual IEP meeting date.  Example, if the previous IEP meeting was held on 10/1/2012, the team must meet on or before 10/1/2013. Due Process Essentials – August

9 TIME FOR A “HANDS ON” LOOK AT YOUR FILE Individually, review one of your files to determine if all of the components in the Background Information and Dates section of your File Review Checklist. Due Process Essentials – August

10 DESCRIPTION OF CHILD: PRESENT LEVEL OF OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE AND NEEDS (PLAAFP) Trivia Question: Before it was PLAAFP- what was it? Answer: Present Level of Educational Performance (PLEP) Trivia Question: And before that? Answer: Present Level of Performance (PLOP) Trivia Question: How about next year? Answer: Could be POOP, POP, PEEP… 10 Due Process Essentials – August 2013

11 DESCRIPTION OF THE CHILD: Red indicates common omissions  Should be a description of present level of performance and educational needs  Essential Components  Statement of how child’s disability affects involvement and progress in the general ed. classroom  If the child is a preschool student, the PLAAFP must describe how the child’s disability affects his or her participation in appropriate activities.  Current testing/evaluation results  This should NOT be a cut and paste of the ESR.  Performance on State and District Assessments 11 Due Process Essentials – August 2013

12 DESCRIPTION OF THE CHILD Red indicates common omissions  Essential Components (cont).  Current data on classroom performance including grades  Current progress on goals and objectives including growth or lack of from previous IEP.  Functional Performance in the school setting  Academic, developmental and functional performance  Parent and Teacher Comments or concerns  All areas of concern addressed including transition for Secondary (we will talk more about secondary later)  Educational Needs related to the disability 12 Due Process Essentials – August 2013

13 AND … INFORMATION ABOUT STANDARDS!  The most recent requirement is information about the grade level Standards!  You were provided the required information in the Standards Based IEP training on the 24 th & 26 th of September. Due Process Essentials – August

14 COMMON QUESTION Red indicates common omissions Q. Do we have to address every area? A. No and Yes  For elementary students- No. You must address every area where there is a special education concern.  For High School students- Yes. You must address each of the five areas of transition. Transition must be addressed by the end of grade 9, or following the ESR that addresses transition, and yearly thereafter!  For all students K-12 it is necessary to address the Progress and Participation in the General Ed curriculum AND the Functional Performance in the school setting. 14 Due Process Essentials – August 2013

15 DESCRIPTION OF CHILD COMMON PROBLEMS  PLAAFP does not establish a baseline of information  PLAAFP is copy/paste from recent evaluation  Inclusion of old evaluation information- in general, evaluation data over a year  PLAAFP is the same as last year  Educational Needs are not identified  No statement of how child’s disability affects involvement and progress in the general ed. classroom  No statement of the functional skills within the school setting. 15 Due Process Essentials – August 2013

16 TIME FOR A “HANDS ON” LOOK AT YOUR FILE Individually, review one of your files to determine if all of the components in the section of your File Review Checklist on Standards Based IEPs PLAAFP. Due Process Essentials – August

17 GOALS/OBJECTIVES FAQ 3F AND 3G 17 Due Process Essentials – August 2013

18 GOALS: COMMON PROBLEMS  Goals do not flow from need  The “from/to” is vague or not measurable  Goal does not identify a clear baseline (% of time or # of trials)  Goal covers too broad an area  Objectives do not flow from goal 18 Due Process Essentials – August 2013

19 WHEN WRITING A GOAL, YOU MUST: Tie it directly to the needs outlined in the description of child You should only have goals where you have attached direct services for that student- do not expect that students will learn the skills without direction There must be a minimum of two objectives for every goal 19 Due Process Essentials – August 2013

20 SMART IEP GOALS & OBJECTIVES  S Specific  M Measurable  A Use of Action Words  R Realistic and relevant  T Time-limited (not to exceed one year) Authors Pete & Pam Wright SMART IEPs Wrightslaw 20 Due Process Essentials – August 2013

21 WHEN WRITING A GOAL, YOU MUST INCLUDE: Direction of change Maintain Increase Decrease Skill/behavior to be changed Present level (from) Expected ending level (to) 21 Due Process Essentials – August 2013

22 WHERE DO WE GO WRONG WITH GOALS?  Not clear  Is not measurable  Does not have “to” or “from”  Does not define the student’s skill or behavior  Is too broad 22 Due Process Essentials – August 2013

23 DOES THE GOAL PASS THE “STRANGER” TEST? The “stranger” test refers to goals and objectives for students that are described in a fashion that a person unfamiliar with the student could read the description and understand it. If someone does not know the student or the typical behavior, will they know what the goal is- just by reading it? 23 Due Process Essentials – August 2013

24 BUT- WHAT ABOUT A STUDENT WHO WILL BE WORKING ON A WIDE RANGE OF SKILLS…  Write more goals- don’t try to put them all in one or  Instead of determining the end level of accuracy- phrase the goal in terms of the need for support… for example “Student will progress from requiring physical assistance when …. to requiring only verbal cuing.” 24 Due Process Essentials – August 2013

25 Consider this goal: Student will improve paragraph writing skills progressing  from a paragraph with unclear supporting detail with little organization or facts and incomplete sentence structure with multiple grammatical and spelling errors  to writing a paragraph with organized details and supporting facts and with well constructed sentences with no errors in grammar or spelling. When you read this it can be confusing, even though it meets criteria. OR TRY USING A RUBRIC 25 Due Process Essentials – August 2013

26 In a case like this, adding the rubric to the IEP may be helpful in defining the goal. 26 Due Process Essentials – August 2013

27 The student will improve paragraph writing skills progressing from a level considered basic or below standards on the attached rubric to a proficient or outstanding level in all five of the subareas. IF YOU USE THE RUBRIC THE GOAL MIGHT READ… 27 Due Process Essentials – August 2013

28 QUICK REVIEW: WHEN WRITING OBJECTIVES, YOU MUST INCLUDE THE FOLLOWING:  Conditions for evaluation  Skill/behavior to be performed  Evaluation criteria and procedures for attainment 28 Due Process Essentials – August 2013

29 EXAMPLES (CONDITIONS, SKILL, EVALUATION)  Given an object priced under $25.00, Student will combine coins and bills to pay for the object with 75% accuracy 3 out of 4 trials as measured by special education staff.  After reading a story or article from instructional level material, Student will complete an outline which includes the topic, main ideas and details 2 out of 3 times, evaluated by completion of graphic organizers.  Given an assignment and classroom work time, Student will begin working on the assignment within two minutes and will work steadily during work time 80% of the time as measured by teacher documentation. 29 Due Process Essentials – August 2013

30 TIME FOR A “HANDS ON” LOOK AT YOUR FILE Individually, review one of your files to determine if all of the components in the section of your File Review Checklist on Goals and Objectives. Due Process Essentials – August

31 DETERMINING PROGRESS 31 Due Process Essentials – August 2013

32 HOW OFTEN DO YOU NEED TO COLLECT DATA? Often enough to notice trends and make data-driven decisions in the classroom. 32 Due Process Essentials – August 2013

33 33 Adaptations, Services, LRE

34 ADAPTATIONS -ACCOMMODATIONS Accommodations DO NOT alter or lower performance standards or instructional expectations. Examples of Accommodations teaching strategies test presentation and location timing scheduling student responses environmental structuring 34 Due Process Essentials – August 2013

35 ADAPTATIONS = MODIFICATIONS Modifications DO alter or lower performance standards or expectations. Examples of Modifications significantly altered materials modified curriculum modified rigor/standards alternate assessment alternative grading system 35 Due Process Essentials – August 2013

36 ADAPTATIONS SHOULD INCLUDE:  General changes in instructional delivery  Accommodations or modifications to curriculum  Alternate curriculum  Special instructional strategies  Roles/responsibilities of Paraeducators  Define what tasks or personal cares the paraeducator does for the student (3rd Party Billing)  Equipment needed by student  Assistive Technology needed by student  Any specialized training required by staff 36 Due Process Essentials – August 2013

37 ADAPTATIONS- COMMON PROBLEMS  Do not address a student’s identified needs  Use terms like “may”  Appear to be a “laundry list” of “good to haves” rather than needs related to the disability. 37 Due Process Essentials – August 2013

38 ADAPTATIONS/MODIFICATIONS  Use calculator?  if the student does not have concerns in the area of math- why would we allow him to use a calculator? If we allow all students to use calculators- why would we put it in the IEP?  Tests read?  If the student does not have a reading disability, why would we allow him to have tests read? 38 Due Process Essentials – August 2013

39 ADAPTATIONS/MODIFICATIONS  Shortened Assignments?  if the student does not have concerns with completing assignments in a timely manner, or if he does not struggle with assignments, why would we have this adaptation?  Will need test read?  Why would we read the test? If the student asks, if it is new material, if student is exhibiting signs of frustration? 39 Due Process Essentials – August 2013

40 ACCOMMODATIONS FOR STATE TESTING Please remember that you may not determine the need for an accommodation on State Testing if that accommodation is not used for that student at other times. Due Process Essentials – August

41 SPECIAL EDUCATION SERVICES  Services reflect identified needs  Service areas are specific  Reading  Communication  Behavior Support  Minutes are specific  Direct and Indirect minutes are defined 41 Due Process Essentials – August 2013

42 PARA-EDUCATOR SERVICES The para-educator roles and responsibilities must be identified. If the student is eligible for third party billing in this area, the roles must be identified quite specifically in the adaptation area. 42 Due Process Essentials – August 2013

43 READ MY LIPS: NO 1-1!  Please remember that we do not use the wording 1:1 para-educator. Parents understand this to mean that one adult is with the child at all times and works only with this child.  Other ways to describe this are to say  Student needs to be monitored by an adult at all times for safety…  Student needs adult support in general education classes… Due Process Essentials – August

44 LEAST RESTRICTIVE ENVIRONMENT If a student is not able to participate full time with students without disabilities in the regular classroom and in extra-curricular and non- academic activities, provide a statement explaining the extent of non-participation and identify why the student’s instructional needs cannot be met in the general education setting. The LRE must also identify what the student will be missing from the general education setting when he/she is pulled out. See your tip sheet for some examples. 44 Due Process Essentials – August 2013

45 LRE COMMON PROBLEMS Services do not match when the student is not participating in the regular ed. setting. Most commonly, staff have forgotten to identify pull out speech services 45 Due Process Essentials – August 2013

46 TIME FOR A “HANDS ON” LOOK AT YOUR FILE Individually, review one of your files to determine if all of the components in the section of your File Review Checklist on Accommodations and Miscellaneous. Due Process Essentials – August

47 WRITING EFFECTIVE IEP’S TO INTERNAL CONSISTENCY 47 Due Process Essentials – August 2013

48 INTERNAL CONSISTENCY Essentially means that the parts of the IEP work together to paint a picture of the child and their educational program. An IEP with internal consistency will flow from one area to another, building upon the previous area. As we briefly review the sections of the IEP- think about how one section builds on the previous. 48 Due Process Essentials – August 2013

49 INTERNAL CONSISTENCY The Description of Child section must set the stage by providing information on what the student is doing now. It is the first of our building blocks for internal consistency: _____ Strengths _____Needs related to disability (this is the building block for goals/objectives and accommodations) _____Parent concerns 49 Due Process Essentials – August 2013

50 INTERNAL CONSISTENCY As you address:  How the student’s disability affect progress in the general education curriculum- Think about the adaptations that will be needed.  How the PLAAFP establish a baseline of information about the student- Remember that this should lead you right to the “from” part of the goal. 50 Due Process Essentials – August 2013

51 INTERNAL CONSISTENCY The Annual Goals section should build directly upon the identified needs in the Description of Child. As you write the goals, continue to ask yourself- Can the student accomplish this in one year? Is the goal- ☐ Related to disability ☐ Functional ☐ Measurable 51 Due Process Essentials – August 2013

52 INTERNAL CONSISTENCY (Remembering the PLAAFP) Does the goal… ☐ Address a need that the Student is not able to do now? ☐ Does it address what the student will do- to what level/degree? 52 Due Process Essentials – August 2013

53 INTERNAL CONSISTENCY Short Term Objectives/Benchmarks are the third block ☐ Do the short-term objectives define the steps to achieve the goal? 53 Due Process Essentials – August 2013

54 INTERNAL CONSISTENCY The fourth block are Special Education Services ☐ Do services address student needs that were identified in the PLAAFP? ☐ Do services align with goals and objectives? ☐ Are services appropriate? 54 Due Process Essentials – August 2013

55 INTERNAL CONSISTENCY The fifth building block is the Adaptations section: Adaptations consist of both Accommodations and Modifications HOWEVER- We do not accommodate or modify if there are not identified needs within the Description of Child. 55 Due Process Essentials – August 2013

56 INTERNAL CONSISTENCY Why would we read tests to students if the student does not have an identified need in the area of reading? 56 Due Process Essentials – August 2013

57 INTERNAL CONSISTENCY The sixth block is the Least Restrictive Environment (LRE) To the maximum extent appropriate, students with disabilities are educated in the general educational environment with the necessary aids and supports, along with their non- disabled peers, unless the IEP requires otherwise. When you get to the LRE section there should not be a surprise. It should reflect an environment that compliments the strengths and needs identified as well as the accommodations the student will require. 57 Due Process Essentials – August 2013

58 PROGRESS REPORTS The last block are Progress Reports.  By using data in progress reports- we can demonstrate conferred benefit for the student.  A lack of progress should trigger an IEP meeting to discuss the concerns.  Finally, we use this progress as part of our first block in the next IEP. 58 Due Process Essentials – August 2013

59 BUILDING BLOCKS FOR INTERNAL CONSISTENCY Progress Review Services Modification/Adaptations Least Restrictive Environment (LRE) Short Term Objectives/Benchmarks Annual Goals Description of Child 59 Due Process Essentials – August 2013

60 WHEN WE BUILD OUR BLOCKS WELL, the results are: 60 Due Process Essentials – August 2013

61 STUDENT SUCCESS! 61 Due Process Essentials – August 2013

62 TIME FOR A “HANDS ON” LOOK AT YOUR FILE Individually, review one of your files to determine if there is internal consistency in the IEP. Due Process Essentials – August

63  Prior Written Notice Due Process Essentials – August

64 PRIOR WRITTEN NOTICE QUESTION #1  Description of the action(s) proposed by the district:  ACCEPTABLE: As detailed in the IEP, the IEP team is proposing that XXX receive his instruction in Reading, English, Social Studies and Math in Essential Classes taught by special education staff due to his learning disabilities in Reading, Writing and Math. The IEP team is proposing providing direct speech and language services as XXX qualifies for and demonstrates a need in regards to his expressive and receptive language needs.  NOT ACCEPTABLE: Refer to attached IEP. Due Process Essentials – August

65 PRIOR WRITTEN NOTICE QUESTION #2  Explanation of why the district proposes to take the action:  ACCEPTABLE: The team determined that XXX needs the specialized instruction and support provided in the Essential classes in order to successfully and effectively access his education. Without that level of support, the team felt XXX would struggle to be successful. The team also agreed that XXX would benefit from speech and language services for his language needs in order to develop the skills necessary to be successful and actively involved in his environment.  NOT ACCEPTABLE: Annual IEP is due. Due Process Essentials – August

66 PRIOR WRITTEN NOTICE QUESTION #3  Description of each evaluation procedure, test, record or report the district used as a basis for the proposed action:  ACCEPTABLE: The IEP team reviewed the most recent ESR dated (1/1/10), XXX’s previous IEP, progress reports related to the previous IEP and his progress on those goals and also anecdotal information provided by his teachers at the IEP meeting. The team also reviewed information shared by both XXX and his mother in determining the most appropriate program and services for him to achieve success.  NOT ACCEPTABLE: previous reports and notes from teachers (without more specific information, dates, etc. ) Due Process Essentials – August

67 PRIOR WRITTEN NOTICE QUESTION #4  Description of any other options that the IEP team considered and the reasons why those options were rejected:  ACCEPTABLE: The team discussed if XXX should receive more of his education in the general education setting rather than the essential classes but rejected that as it was determined that XXX required the support and specialized instruction provided in that setting.  NOT ACCEPTABLE: No other options were rejected. Due Process Essentials – August

68 PRIOR WRITTEN NOTICE QUESTION #5  Description of any other factors affecting this proposal:  ACCEPTABLE: The team agreed to keep the components of the previous IEP in place until an FBA is completed OR  The team determined there are no other factors affecting this proposal.  NOT ACCEPTABLE: not answering the question. Due Process Essentials – August

69 ON LINE TOOLS/TUTORIALS       bin/cgiwrap/specconn/index.php/ bin/cgiwrap/specconn/index.php/  69 Due Process Essentials – August 2013

70 QUESTIONS??? Due Process Essentials – August

71 BREAK INTO ELEMENTARY AND SECONDARY GROUPS  Elementary staff will now work through and review their second file.  Secondary staff will work with Tricia on the Secondary Transition components. Due Process Essentials – August

72 SECONDARY TRANSITION  Minn. Stat. § 125A.08 requires additional documentation in the IEP that provides an accountability framework for improving secondary transition services and outcomes.  This section has three components: desired post- secondary outcomes, anticipated courses of study and other transition service(s) or activities 72 Due Process Essentials – August 2013

73 DESIRED POST-SECONDARY OUTCOMES  The expectation is that by the end of grade 9, a student’s IEP team discusses and develops a measurable post-secondary outcome that the student hopes to reach post grade 12 or transition program. Progress reporting is not required on an annual basis however the team needs to continue to address and discuss this outcome on a yearly basis as it may change from year to year.  The team should also use these outcomes to drive the annual goals and services of the student.  Desired Post-Secondary Outcomes MUST be written in the areas of education and employment. When appropriate, the team should also develop one in the area of independent living. 73 Due Process Essentials – August 2013

74 EXAMPLES OF APPROPRIATE MEASURABLE POST-SECONDARY OUTCOMES  After graduation, Jamal will obtain a bachelor’s degree in computer science.  After graduation, Maria will pursue an internship in the field of advertising while she attends post- secondary school part-time.  After graduation, Danny will live in his own apartment in an assisted living facility. 74 Due Process Essentials – August 2013

75 EXAMPLES OF INAPPROPRIATE MEASUREABLE POST-SECONDARY OUTCOMES  After graduation, Danny will participate in a variety of indoor and outdoor leisure activities.  After high school, Mia is unsure of what she would like to do as a profession. 75 Due Process Essentials – August 2013

76 ANTICIPATED COURSES OF STUDY  The IEP team needs to map out what courses a student is going to take during the year the IEP is developed for and one year beyond at a minimum. (The team could map out all four years if appropriate)  These courses of study should directly relate to the child’s post-school outcomes. 76 Due Process Essentials – August 2013

77 School YearGrade LevelCourses Business Basics, Math Basics, Reading Essentials, Adapted PE, Environmental Science, Current Events Business Basics, Consumer Math, Readings and Literature Citizenship, Speech and Drama, Social Skills, Specially Designed Employability Skills, Family Living English for Work, Math for the World of Work, Specially Designed Communications, Specially Designed Daily Living Skills, Graphic Design Specially Designed Communication and Writing Skills, Essentials of Business Operations, Computer Applications, Work Based Learning 77 Due Process Essentials – August 2013

78 OTHER TRANSITION SERVICE(S) OR ACTIVITIES  Transition services must specifically address postsecondary goals and sufficiently enable the child to advance appropriately toward attaining their postsecondary goals.  An activity can be done in collaboration with other participating agencies, including the student and family, and may not require specialized instruction. 78 Due Process Essentials – August 2013

79 Service Activity(s) Activities that are bold require an annual goal Other Agency Responsible Instruction: Participate in Business Basic class Regular Education -Improve reading skills -Improve writing skills -Improve social skills and self- determination skills Special Education, Related Services Community Experiences: -Acquire a state ID -Visit a Work Force Center -Visit Hennepin Technical College and meet Disability Coordinator Vocational Rehabilitation, MnSCU Disability Coordinator Related Services: -Complete application for county support and vocational rehabilitation program County Social Worker, Vocational Rehabilitation Services Special Education, Related Services Improve Communication skills The development of employment and other post school adult living objectives: Memorize social security number Work-based Learning Learn pre-employment skillsWork-based Learning If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation: -Develop a personal fitness routine Student, General Education -Complete a vocational evaluation Student, Vocational Rehabilitation Services 79 Due Process Essentials – August 2013


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