Defensible IEPs Douglas County School District 1 Module V: Documentation and Timelines

Evaluation (Present Levels) 2 Evaluations administered/Date and/or Information Reviewed: To make clear the team’s use of multiple sources of info, including assessments administered (and purpose for which they were selected, if appropriate), modifications in administration of assessments, assessment results—the numbers. May also include discussion of specific test results that require use of numbers and data points. Interpretation of Results: 3 parts Provide in plain English an integrated, narrative statement of the evaluation data (without numbers); Answer the question, “How does the student’s disability impact access to and progress in the general curriculum, including standards?” Identify Educational Needs to be addressed by the IEP.

Goals and Objectives 3 Purpose: To address the educational needs identified by the IEP team through the development of present levels. Write goals as long-term, broad-based statements and objectives that describe specifically the skill the student can reasonably expect to achieve within one school year. Ensure the goals/objectives are measurable, e.g. words per minute, outbursts per hour, number of times correct out of a number of trials—4 out of 5 trials with less than 2 verbal prompts. Some baseline information is a necessary part of measurability. Douglas County Specail Education Practitoner’s Manual, E-G-10. 3

Academic Content Standards 4 The IEP shall specify: Whether the child shall achieve the content standards adopted by the district in which the child is enrolled; or Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP. ECEA Rule 4.03 (6)(c)(i); Manual, E-G-14.

Accommodations/Modifications 5 Accommodations allow access to the curriculum, but do not substantially change the instructional level, content, standards, or expectations. CDE explains, “Accommodations consist of adaptations to instructional strategies (materials, manner of presentation, grouping, format), and/or the classroom environment (seating arrangements, lighting, sound, etc.)” Modifications are changes to the program or curriculum that alter the scope or content of the curriculum when accommodations cannot be effective. The IEP team must discuss accommodations/modifications that may enable students to participate in extracurricular/nonacademic activities, such as field trips, intramurals, and band/orchestra performances.

Service Delivery = Placement A student’s “placement” is comprised of the special education and related services provided in the child’s IEP, not the physical location in which the services are implemented. Placement must be determined by the IEP team (at the IEP meeting) and based on the child’s present levels and goals and objectives. Do not complete Page 8 of the IEP in advance of the meeting or include a completed Page 8 with a draft IEP. Begin with the general education setting and actually address the options. 6

Service Delivery Do: include frequency, location, and duration of services and modifications. include specific implementation dates. Do Not: include specific school buildings, teachers, or instructional methodologies, unless they are necessary for FAPE. argue too much over language, just attribute it to the source (e.g. “the parent reports…,” “the teacher observed…”). 7

Documenting the Meeting Purpose: For the parent to leave the meeting with accurate documentation of all of the IEP team’s decisions. Computer-Based IEP Program Best Practice: Live in the meeting, leave with final. Alternative: Leave with handwritten draft, followed later by final computer-generated IEP mailed with cover letter to parents. Manual, Appendix B, Sample Letters. IEPs are legally binding documents and the decisions about IEP contents must be made by a properly constituted IEP team or by written amendment. Manual, E-G-3. 8

IEP Amendments Outside of an IEP meeting: Only when the School District and parents agree to the change AND agree to make the change without a meeting. Documentation: parents’ agreement to the change and agreement to complete the change without an IEP meeting. prior written notice. confirming correspondence with a copy of the amended IEP. Manual, E-G-2; Appendix B, Sample Letters. 9

Prior Written Notice Purpose: To provide a final detailed document setting forth the District’s plan for the student’s education and ensure the parent/student understands the offer. A school district must provide prior written notice (PWN) to the parents of a student with a disability before it: Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; Refuses to initiate such a change. Manual, Appendix C, PWN Chart. (Continued... ) 10

Prior Written Notice (continued) The contents of the PWN must contain: A description of the proposed or refused action; An explanation for the proposal or refusal; A description of each evaluation, assessment, record, or report used as a basis for the proposal or refusal; A description of other options that the IEP team considered and why those options were rejected; 11 (Continued... )

Prior Written Notice (continued) A description of other factors relevant to the proposal or refusal; A statement that the parents have procedural safeguards and the means by which a copy of the procedural safeguards notice may be obtained (See, Manual Section J, Procedural Safeguards and Dispute Resolution); Sources for the parents to contact to obtain assistance in understanding the PWN and their rights. 12

Implementing IEPs Accessibility of the child’s IEP to teachers and others. Each school district must ensure that— The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and Each teacher and provider described in paragraph (d)(1) of this section is informed of— His or her specific responsibilities related to implementing the child’s IEP; and The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 34 C.F.R. § (d); Manual, E-G-6. (Continued...) 13

Implementing IEPs (continued) Inform teachers how to access the complete IEP. Inform teachers of their specific role in implementing the IEP, including the specific accommodations, modifications, and supports that must be provided. Check with teachers for understanding. Collect data periodically. Convene follow up meeting(s) to address staff/parent/student concerns or lack of progress. 14

Timelines 60 calendar daysfrom the day the School District receives signed consent to complete initial evaluations. 30 days to convene an IEP meeting after eligibility determination. 3 calendar days to implement IEP services for an in-state transfer student. Reevaluation—conducted every 3 years, unless the parents and School District agree that no reevaluation is necessary. When not otherwise specified, “reasonableness” is the standard. Eligibility meeting—within a “reasonable period of time” after the initial evaluation is completed. Notice of IEP meetings—reasonable, which is usually 10 days, but can be fewer. Implementation of IEP services—as soon as possible following IEP development or as otherwise determined by the IEP team. 15