Legal Aspects of Special Education and Social Foundations Individualized Education Plan Chapter 11 Individualized Education Plan Chapter 11

IEP Fun Dr. Suess on IEP’s 10 ten list IEP Quiz Dr. Suess on IEP’s 10 ten list IEP Quiz

1. Must a child’s IEP address his or her involvement in the general curriculum, regardless of the nature and severity of the child’s disability and the setting in which the child is educated?

2. Must the measurable annual goals in a child’s IEP address all areas of the general curriculum, or only those areas in which the child’s involvement and progress are affected by the child’s disability?

3. Must the public agency inform the parents of who will be at the IEP meeting?

4. Do parents have the right to a copy of their child’s IEP?

5. Must a public agency hold separate meetings to determine a child’s eligibility for special education and related services, develop the child’s IEP, and determine the child’s placement, or may the agency meet all of these requirements in a single meeting?

6. May IEP meetings be audio or video tape recorded?

7. If a child with a disability attends several regular classes, must all of the child’s regular education teachers be members of the child’s IEP team?

8. Do parents and public agencies have the option of inviting any individual of their choice to be participants on their child’s IEP team?

9. Are attorney’s fees available for parents’ attorneys (relating to their attendance at an IEP meeting) if the parents are prevailing parties in actions or proceedings brought under Part B?

10. Must related services personnel attend IEP meetings?

11. Must the public agency ensure that all services specified in a child’s IEP are provided?

12. Is it permissible for an agency to have the IEP completed before the IEP meeting begins?

13. Must a public agency include transportation in a child’s IEP as a related service?

14. Must a public agency provide related services that are required to assist a child with a disability to benefit from special education, whether or not those services are included in the list of related services in Sec ?

15. Must the IEP specify the amount of services or may it simply list the services to be provided?

16. If a child’s IEP includes behavioral strategies to address a particular behavior, can a child ever be suspended for engaging in that behavior?

17. If a child’s behavior in the regular classroom, even with appropriate interventions, would significantly impair the learning of others, can the group that makes the placement decision determine that placement in the regular classroom is inappropriate for that child?

18. May school personnel during a school year implement more than one short-term removal of a child with disabilities from his or her classroom or school for misconduct?

Individualized Education Plan (IEP) Keystone of IDEA Special education program directed by IEP Program monitored by IEP Assures FAPE Legal document Keystone of IDEA Special education program directed by IEP Program monitored by IEP Assures FAPE Legal document

Requirements Notice Timeline Parent involvement Assessment Team member involvement Appropriate content Implemented as planned Notice Timeline Parent involvement Assessment Team member involvement Appropriate content Implemented as planned

Ensure Benefit Assess of needs Base goals on needs Measurable goals Provide necessary services Monitor progress Assess of needs Base goals on needs Measurable goals Provide necessary services Monitor progress

Common Problems Team representation Parental input Components Goals Transition LRE Services Implementation Timeline Behavioral interventions Team representation Parental input Components Goals Transition LRE Services Implementation Timeline Behavioral interventions

IDEA Amendments of ‘97 and ‘04 Accountability Scientifically based practices Level of responsibility Accountability Scientifically based practices Level of responsibility

Purpose of IEP Communication Management Accountability Compliance and monitoring Evaluation Communication Management Accountability Compliance and monitoring Evaluation

IEP Mandate Meaningful educational benefit Individualized –Standardization –Available services –Categorical programming Complete before services Due process –FAPE –Parent participation –Educational benefit Meaningful educational benefit Individualized –Standardization –Available services –Categorical programming Complete before services Due process –FAPE –Parent participation –Educational benefit

IEP Development Planning process –Referral –Consent –Assessment –IEP team –IEP –Placement Planning process –Referral –Consent –Assessment –IEP team –IEP –Placement

Process Referral –Parent –School Notice to parent Follow school-designed referral process Assessment –Consent from parent for assessment –Complete within at least 60 days –Determine presence of disability –Adversely affects educational performance –Consider results, student strengths, parents concerns Referral –Parent –School Notice to parent Follow school-designed referral process Assessment –Consent from parent for assessment –Complete within at least 60 days –Determine presence of disability –Adversely affects educational performance –Consider results, student strengths, parents concerns

Process Eligibility –Develop team –Set meeting within 30 calendar days –Eligibility criteria IEP development –Review results of assessment –Review current records –Develop plan for services –Document in IEP May bring draft IEP to meeting Should not interfere in full discussion Eligibility –Develop team –Set meeting within 30 calendar days –Eligibility criteria IEP development –Review results of assessment –Review current records –Develop plan for services –Document in IEP May bring draft IEP to meeting Should not interfere in full discussion

Process Placement –Parental consent Fully informed Understand contents Agree to terms - voluntary and revokable –Implementation Timely Delay permissable only due to timing of meeting and need for time to make proper arrangements Placement –Parental consent Fully informed Understand contents Agree to terms - voluntary and revokable –Implementation Timely Delay permissable only due to timing of meeting and need for time to make proper arrangements

2004 Provisions Team member attendance –Pertinent information –Direct involvement Meeting format –Face-to-face –Alternative format Changes to IEP –Documentation of changes –Amendments to IEP Team member attendance –Pertinent information –Direct involvement Meeting format –Face-to-face –Alternative format Changes to IEP –Documentation of changes –Amendments to IEP

2004 Provisions 3-year IEP –Natural transitions –Long-range goals –Review at transitions Response to lack of consent –No provision of services –No liability Transfer students –Follow existing IEP –Parental contact –Assessment –New IEP if appropriate 3-year IEP –Natural transitions –Long-range goals –Review at transitions Response to lack of consent –No provision of services –No liability Transfer students –Follow existing IEP –Parental contact –Assessment –New IEP if appropriate

IEP Team Required –Parents/guardians –Special education teacher –General education teacher –Administrative representative –Interpreter when needed –Child when appropriate Required –Parents/guardians –Special education teacher –General education teacher –Administrative representative –Interpreter when needed –Child when appropriate

IEP Team Discretionary –Related service providers –AT specialist –Transition agency representative –Other invited specialists or guests Discretionary –Related service providers –AT specialist –Transition agency representative –Other invited specialists or guests

IEP Content Present levels –Academic achievement –Functional performance Annual goals Services General education participation Testing participation Dates Transition services if appropriate Progress reporting Special considerations Placement decisions Present levels –Academic achievement –Functional performance Annual goals Services General education participation Testing participation Dates Transition services if appropriate Progress reporting Special considerations Placement decisions

Substantive Requirements Parental participation IEP review Proper implementation of IEP Private schools Section 504 Parental participation IEP review Proper implementation of IEP Private schools Section 504

Litigation Goals and objectives Evaluation procedures Student progress Goals and objectives Evaluation procedures Student progress

Application Sample IEP’s Consider case –PLP –Needs –Goal –Objectives –Services –General education participation –Placement Sample IEP’s Consider case –PLP –Needs –Goal –Objectives –Services –General education participation –Placement