Review, Revise and Amend from Procedures for State Board Policy 74 Review, Revise and Amend from Procedures for State Board Policy 74.19 Volume II: Individualized Education Program January 31, 2017

Office of Elementary Education and Reading State Board of Education Vision and Mission: 5-Year Strategic Plan for 2016-2020 Vision To create a world-class educational system that gives students the knowledge and skills to be successful in college and the workforce and to flourish as parents and citizens Mission To provide leadership through the development of policy and accountability systems so that all students are prepared to compete in the global community ©MDE – Office of Special Education Literacy

Office of Student Intervention Services OSI Training - September 2016 State Board of Education Goals 5-Year Strategic Plan for 2016-2020 All Students Proficient and Showing Growth in All Assessed Areas Every Student Graduates High School and is Ready for College and Career Every Child Has Access to a High-Quality Early Childhood Program Every School Has Effective Teachers and Leaders Every Community Effectively Using a World-Class Data System to Improve Student Outcomes Every School and District is rated a “C” or Higher ©MDE - Intervention Services

©MDE – Office of Special Education Review and Revision of IEP Although the IEP is a legally-binding document, it is also a living document that may be changed as often as needed to meet the unique needs of the child and to ensure that the child benefits from his/her education. ©MDE – Office of Special Education

©MDE – Office of Special Education Review and Revision of IEP The IEP must be reviewed at least once annually; however, there is no limit to the number of IEP meetings or IEP changes that occur throughout the year. ©MDE – Office of Special Education

Revisions or Amendments Between Annual Reviews The IEP Committee may choose to conduct reviews, revisions, or amendments to a child’s IEP of a more limited scope that are not considered an annual review. ©MDE – Office of Special Education

When an IEP Meeting IS Not Required ©MDE – Office of Special Education “In making changes to the child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.” 34 CFR 300.324 ©MDE – Office of Special Education

When an IEP Meeting IS Not Required ©MDE – Office of Special Education Although IEP amendments can now be done outside of an IEP team meeting, it is still important that the IEP team leader take the lead in using this process. Here are some key points for you to keep in mind. When? How? By whom? What can be changed? ©MDE – Office of Special Education

©MDE – Office of Special Education When? Note that the amendment process can only be used “after the annual IEP team meeting for a school year.” Thus it is important that a full blown IEP team meeting be held at least once a year. ©MDE – Office of Special Education

©MDE – Office of Special Education How? The law requires that the amendment be reflected in a “written document” but there is no guidance as to how formal such a document must be. The written document should indicate: That it is amending an IEP which was agreed to at an IEP team meeting held on a specific date. That the parents and the school have agreed to amend the IEP via a written document and without a formal IEP team meeting. What specific amendment has been agreed to The date on which the amendment will go into effect That all IEP team members will promptly be informed of the change, and that the parent will be given a copy of the revised IEP. ©MDE – Office of Special Education

©MDE – Office of Special Education By Whom? This written document must be signed by the parent as well as someone who is authorized to act for the school. To be cautious, two signatures from school staff would be appropriate – one from an administrator on the campus where the child attends school and one from a special education teacher. ©MDE – Office of Special Education

©MDE – Office of Special Education What Can Be Changed? The content of the IEP is defined in federal law and basically involves present levels, goals and services. The IEP does not include eligibility categories or placement. Although those issues are usually discussed by the IEP team, they are not a part of the “child’s IEP”. Therefore, the amendment process can not be used to change a child’s eligibility or placement. ©MDE – Office of Special Education

When an IEP Meeting IS Not Required ©MDE – Office of Special Education If the IEP Committee decides to amend the IEP without a meeting, the parent and public agency must agree to the process and the amendments in writing. The IEP Amendment Form (Appendix IEP.E), or a similar form, may be used to document this process and the amendment. ©MDE – Office of Special Education

©MDE – Office of Special Education IEP Amendment Form ©MDE – Office of Special Education

Using the IEP Amendment Form ©MDE – Office of Special Education Either the special education teacher or the agency representative records the child’s personal data and completes the Proposed Amendment section. The public agency representative and/or special education teacher signs Public Agency Agreement to Amendment section to indicate the public agency’s agreement to the proposed amendment.    ©MDE – Office of Special Education

Using the IEP Amendment Form ©MDE – Office of Special Education The public agency forwards the form to the parent. The parent completes the Parent Agreement to Amendment section by checking one box that represents the parent’s agreement or disagreement to the proposed amendment and signs the form. The parent may also include alternate language in place of the proposed amendment or make a comment. The parent may also request an IEP Committee meeting to discuss the proposed amendment. ©MDE – Office of Special Education

Using the IEP Amendment Form ©MDE – Office of Special Education The parent returns the form to the public agency: If both the public agency and the parent agree to the amendment as written, the amendment will be incorporated into the IEP and implemented on the listed implementation date. If either party fails to provide agreement to the amendment, the amendment must not be implemented. A new amendment form with a revised proposed amendment may be attached and sent through the process again.   ©MDE – Office of Special Education

Using the IEP Amendment Form ©MDE – Office of Special Education Once the language of an amendment is agreed upon, the public agency must provide the parent with a revised copy of the amended IEP and a Prior Written Notice (Appendix PS.E), or a similar form, of any proposed changes or refused changes with justifications. ©MDE – Office of Special Education

©MDE – Office of Special Education Review and Revision of IEP A review or revision of the IEP may occur for the following purposes: To determine whether the annual goals have been achieved and to revise the IEP if additional goals are needed or if a lack of expected progress toward the annual goals in the general education curriculum is found. ©MDE – Office of Special Education

©MDE – Office of Special Education Review and Revision of IEP To review and revise the child’s postsecondary goals, as needed, and to determine whether the child is making sufficient progress to achieve these postsecondary goals and/or if revisions to the type of or amount of transition services are needed. ©MDE – Office of Special Education

©MDE – Office of Special Education Review and Revision of IEP To determine whether any additional assessments are necessary and/or to incorporate the results of any assessments conducted. ©MDE – Office of Special Education

©MDE – Office of Special Education Review and Revision of IEP To review any new information about the child provided to, or by, the parent. To address the child’s new academic, developmental, and functioning needs. ©MDE – Office of Special Education

Office of Student Assessment Revisions or Amendments Winter 2012 DTC Training Document Annual Reviews here If you review the ENTIRE IEP, document an annual review in the Summary of Revisions box. Changes should be recorded in the Summary of Revision section of the IEP. ©MDE – Office of Special Education Insert Program Name Here

Revisions or Amendments ©MDE – Office of Special Education Following any revision or amendment to the IEP, the public agency must provide the parent a copy of the new IEP and a Prior Written Notice of any proposed changes or refused changes with justification. ©MDE – Office of Special Education

Revisions or Amendments ©MDE – Office of Special Education Every member of the IEP Committee and every service provider responsible for implementing the IEP must be informed of any changes. ©MDE – Office of Special Education

Revisions or Amendments ©MDE – Office of Special Education The purpose, date and attendees of the IEP Committee meeting should be recorded on the second page of the IEP; however, the IEP Committee Meeting Date recorded on the first page of the IEP should not be updated (unless the meeting is considered an annual review). ©MDE – Office of Special Education

©MDE – Office of Special Education Questions? ©MDE – Office of Special Education

© MDE-Bureau of Instructional Support Contact Information Dr. Margaret Ellmer Professional Development Coordinator Margaret.ellmer@mdek12.org Sharon Strong Coon Office Director Scoon@mdek12.org Tanya Bradley Bureau Director TBradley@mdek12.org Office of Special Education www.mdek12.org/ose (601) 359-3498 © MDE-Bureau of Instructional Support