Division of Students with Disabilities and English Language Learners May 2012 Developing High Quality IEPs Ensuring each student has access to their least restrictive environment

2 The Individualized Education Program (IEP) drives instruction for every child who receives special education services.

3 The IEP is a Legal Document Federal law: IDEA - Section 614(d)(1)(A)(i) In the United States an Individualized Education Program (IEP), is mandated by the Individuals with Disabilities Education Act (IDEA).United StatesIndividuals with Disabilities Education Act NYS regulations: Section 200.4(d)(2) “If a student has been determined to be eligible for special education services, the Committee shall develop an IEP” The IEP is intended to help children reach their educational goals 34 CFR In all cases the IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and must help teachers and related service providers understand the student's disability and how the disability affects the learning process.34 CFR

High Quality IEP Based on individual strengths & needs Provides special education as a service, not a place Provides access to the least restrictive environment appropriate for each subject Aligns with the Common Core Standards Family participation Plans for post secondary outcomes (for students 15+) Includes Positive Behavior Supports Tool to Guide Instruction and Measure Progress Guiding Principles for IEP Development 4

The Development of an IEP Involves a Team 5 IDEA TeamMembers Special Education TeacherGeneral Education Teacher ParentStudent (15 and older) District RepresentativeSchool Psychologist (Initials, Reevaluations, Triennials) Social WorkerParent Member Related Service Providers

1) Present Level Of Performance and Individual Needs 9) Participation in State Assessments, and with Students without Disabilities 8) Coordinated Set of Transition Activities 2) Measurable Post Secondary Goals and Transition Needs 7) Testing Accommodations 6) 12 month Services (if needed) 5) Programs and Services – Modifications & Supports 4) Reporting progress to parents 3) Annual Goals, Objectives / Benchmarks (if needed) 10) Special Transportation 11) Placement Sections of the IEP 6

Developing High Quality IEPs Which Provide Access to the Least Restrictive Environment (LRE) 7 Making program recommendations consistent with the contents of all of the other sections of the student’s IEP Justification/Rationale for Removing Students from General Education Setting

FEDERAL LAW, as cited in IDEAFEDERAL LAW, as cited in IDEA § (i) To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [§ (a] § Placements – A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum NY STATE The school must first consider placement in general education with appropriate support for the student and the student's teacher(s). Alternative placements, such as special classes, special schools or other removal from the general education environment, would be considered only when the school determines that a student's education in regular classes cannot be satisfactorily achieved even with the use of supplementary aids and services. 8 Least Restrictive Environment (LRE)

Percent of students, ages 6 through 21, receiving special education services outside the regular class setting more than 60 percent of the school day. IDEA Part B Comparison of State Level LRE Data (DAC- IDEA Data, 2008) State% Students in MRE Settings Vermont 0 Puerto Rico 5.84 North Dakota 8.33 Alabama 9.41 South Dakota 10.5 West Virginia 10.5 Oklahoma Nebraska Wyoming Idaho Kansas Iowa Kentucky Texas Oregon 13.7 Montana Colorado Connecticut 14.1 Wisconsin Minnesota Nevada 15 Pennsylvania Mississippi Tennessee 15.6 Alaska Missouri Washington Maine Arkansas 16.8 North Carolina Arizona Indiana Georgia Louisiana Utah Ohio Virginia Michigan 21.3 New Mexico Rhode Island Florida Massachusetts South Carolina Delaware 23.3 Maryland Illinois 25.5 California Hawaii New Jersey New Hampshire New York District of Columbia Hawaii New Jersey New Hampshire New York District of Columbia State Performance Plan Indicator 5: Least Restrictive Environment – School Age This definition includes students with disabilities in public schools, separate alternative schools, residential facilities. parentally placed in private schools, correctional facilities, and home or hospital environments. New York State LRE Data 9

LRE Checklist >Use to inform decision-making in IEP meetings 10 Front: Checklist Back: Quick reference to federal, state, and city laws and policy 669F9A9C80BD/0/LREChecklistFINAL_POST.pdf

11 Need “A” Support to minimize the impact of need “A” Restrictive program which is inconsistent with identified strengths and needs Educational Benefit Alignment Developing the IEP: Does it all connect? Need “B” Need “C” Need “D” Part time ICT for ELA to meet needs B, C, D

Resources Special Education Toolkit- IEP section Model Forms: Student Information Summary and Individualized Education Program (IEP) Developing IEPs linked to the Standards Justification/Rationale for Removing Students from General Education Setting Test Access and Accommodations for Students with Disabilities: Policy and Tools to Guide Decision-making and Implementation Policy memorandum — Special transportation 12 If you have any additional questions, please