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Special Education Compliance and the SC Public Charter School District Post-Onsite Visit April 10, 2013.

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1 Special Education Compliance and the SC Public Charter School District Post-Onsite Visit April 10, 2013

2 Agenda  Onsite Review  Small Group Discussion  The District  The Process  Interventions  Referrals  Letters of Notification  Evaluations  IEP Development  Progress Monitoring  Summary/PWN  Special Reviews vs Annual Reviews  Reevaluations  Exiting  Transfers  The IEP Folder  Moving Forward  Denial of FAPE  Small Group Discussion  Corrective Action Plan

3 Introductions

4 Post-Onsite Review

5 SCDE Onsite Follow-up  On March 6, 2013, the district received official follow-up from the SCDE regarding their onsite visit.  What was received:  Individual file feedback  Global feedback from pre-submission documents:  Student handbooks  District Policies  School-Level Procedures

6 SCDE Onsite Follow-up  Brief overview of the findings:  Commendations:  The SCPCSD offers choice for SWD  OEC appreciates the revised language in the SC Charter School Law re: District Responsibility  General education staff understands IDEA and special education  Offer multiple ways of conducting meetings  District professional development is articulated

7 SCDE Onsite Follow-Up  General Area of Concerns:  Procedural issues such as PWN and meeting notifications  Parents may be less involved with their children’s special education programs  Postsecondary transition  Large number of “special reviews” that took place prior to the onsite visit

8 SCDE Onsite Follow-up  Citations  24 out of 24 IEPs cited for noncompliance  19 out of 19 additional folders reviewed from the two schools cited for noncompliance  Additional Citations:  Certification: Services not being delivered by an appropriately certified and highly qualified teacher  Policy/Procedures: Schools didn’t have written procedures (specific to the school) and District didn’t have their procedures (monitoring/oversight) in writing

9 SCDE Onsite Follow-up  IEP Compliance:  Top Areas of Noncompliance  Are children with disabilities achieving at high levels?  Q55: Severity of Disability Statement in PLOP (N=9)  Q60: PLAAP (N=8)  Q62: Annual Goals Relating to Disability (N=14)  Q63: Other Annual Goals (N=11)  Q65: Progress Measured (N=8)  Q66: When Progress Reported (N=8)  Q69: Nonparticipation with Nondisabled (N=13)  Are youth with disabilities prepared for life, work and postsecondary education?  Q34: Strengths Considered (N=7)*  Q77: Meeting Notice (Transition) (N=8)*  Does the District implement IDEA to improve services and results for children with disabilities?  Q6: Parent Right to Assessment (N=7)*  Q23: PWN Completion (N=19)

10 SCDE Onsite Follow-up  What does the results from the previous slide tell us? Many of our IEPS lack basic IDEA compliance.

11 Small Group Discussion  Groups:  What are your thoughts to the results of the onsite?  Are you surprised?  What are some of the barriers you face regarding maintaining minimal compliance at your school?  Groups will be reporting out NicholePeggyKarenSamanth a PamMariann Margie L.MarleneTiaRoxaneLuciaShelia LisaMarvaLeslyeAmanda Margie P. Jan

12 The District

13  Growth:  4 school  7 schools  11 schools  13 schools  17 schools (11,500 students)  25 schools (13,500 students) *Projected 13/14  From hand-holding to Authorizer

14 What is an Authorizer  Maintain High Standards:  Sets high standards for approving charter applicants.  Maintains high standards for the schools it oversees.  Effectively cultivates quality charter schools that meet identified educational needs.  Oversees charter schools that, over time, meet the performance standards and targets on a range of measures and metrics set forth in their charter contracts.  Closes schools that fail to meet standards and targets set forth in law and by contract

15 What is an Authorizer  Authorizers (referred to as “sponsors” in South Carolina regulations and statutes) are charged by law to determine which charter schools should open and which ones should close. They monitor the progress of charter schools and support accountability and achievement while protecting school autonomy. Authorizers are not accountable for the success or failure of the charter schools it sponsors. Rather, they are responsible for holding charter schools accountable for their outcomes.”  The primary role of the SCPCSD is to authorize high-quality charter schools and to monitor the operation of the schools to ensure quality outcomes. A secondary role is to support the district’s charter schools as a local education agency (LEA) and to provide limited programmatic assistance to these autonomous schools.

16 It goes beyond “we’re an authorizer.”

17 Other Things to Note  SC Charter School Law  LEA Status  Federal Funds Mandated Responsibilities  Subrecipient Monitoring  In the SCDE’s Eyes  Corrective Action Plans  It’s the Law... IDEA is a federal law.

18 District Corrective Action Plan  District creates and implements a district-wide monitoring plan that includes a formal compliance process and sanctions (8/15/2013).  Provide staff training on the evaluation process/IEP Compliance.  Require schools to submit monthly updates to District regarding evaluations in process  Provide tailored and specific technical assistance to individual charter schools through the creation and assignment of a regional coordinator.  Create an IEP compliance checklist that is used at the school level for peer review.  Individual Student Corrections (10/15/2013).  Develop a process to verify certification/qualifications of all service providers.

19 Next Year  What should you expect:  Regional Coordinator  School-Specific Tailored Support and Development  Regional TA  Accountability Rubric/Monitoring Framework

20 The IEP Process From Referral to Exit and all stops in-between

21 Interventions

22 Before the referral  Adequate instruction in reading and math  What instruction has happened in addition to, on top of, and besides the general instruction that all children get?  How has the student responded to this additional instruction?  Progress monitoring data (CBMs, behavior tallies, anecdotal records)

23 Interventions by any other name smell ….  All schools’ charters say that you have some sort of intervention, student assistance, RtI process.  It’s not a special education issue; it’s part of just plain good teaching.

24  If the student is achieving at a low level, how do you know it’s because of a disability?  RtI gives you that info  Determine where the student is now  Set a goal for him  Monitor his progress  If he isn’t making progress (3 – 4 data points below the goal line), then make a data- driven decision

25  Academics  Reading, math, writing  Behavior  Behavior plan to address the issues

26 DATA, DATA, DATA

27 Referrals

28 Child Find  Part C (BabyNet)  Parent  School official

29 Responsibility  If anyone at the school has reason to suspect the child may be “a child with a disability” as defined by IDEA, you have to refer even if the parent does not want you to  If anyone at the school has reason to suspect the child may be “a child with a disability” as defined by IDEA, you cannot delay the referral to put the child through an RtI process.

30  Do not ever say: “We can’t refer him until we’ve done RtI”

31 Evaluations

32 Purposes of Evaluation  To see if the child is a “child with a disability” as defined by IDEA 2004  To gather information that will help determine child’s educational needs  To guide decision making about appropriate educational program for the child 32

33  Does the child have a disability that requires the provision of special education and related services in order for the child to receive a free appropriate public education (FAPE)?  What are the child’s specific educational needs?  How does the child’s disability affect his/her academic achievement and functional outcomes?  What special education services and related services, then, would be appropriate for addressing those needs? 33

34 The “What” of Evaluation health vision hearing social and emotional status general intelligence academic performance communicative status motor abilities All areas related to the suspected disability, including (if appropriate): 34

35 Comprehensive Equals… Identifying all of the child’s special education and related services needs, whether or not commonly linked to the disability category being considered for the child:  If eligible, this information = PLAAFP  If not eligible, this information helps to determine appropriate supports needed in general education 35

36 Initial Evaluation and Eligibility Two prong test  Is this child a “child with a disability” as defined in IDEA? AND  If so, does the disability create the need for special education and related services in order for the child to access and progress in the general curriculum? 36

37 Initial Evaluation: Two-Prong Process  Does the child have a disability AND by reason thereof,  Does the child need special education and related services?  To answer these questions, the team must:  must determine present levels of academic achievement and functional performance  focus on child’s needs in general education curriculum 37

38 Consent to evaluate  Consent must be informed  Parent is told what he/she is giving consent for  What additional information/in what areas is being requested  Consent must come after the evaluation planning team determines what additional information is needed  Consent is not a “blanket” consent, but is consent to gather the information the team has determined is NEEDED/NECESSARY in order to determine eligibility

39 Timeline  ALL information requested by the team MUST BE gathered within 60 calendar days of receipt of the PPT  Develop a system to ensure you’re following up with all people involved in gathering the additional information  OT  PT  SLT  School psychologist  Nurse  Parent  Teachers  ……..

40 Reevaluations

41 Questions to be answered by a reevaluation 1. Does the student continue to have a disability or to have an additional disability? 2. Does the student continue to need sp ed? 3. What are the student’s present levels of education need? 4. Do any changes need to be made to the IEP?

42 Reevaluation team reviews existing information  The IEP team schedules a reeval meeting  Same requirements as for any other meeting (Excent Notice, contacts, …)  The IEP team reviews existing information and determines what, if any, additional data are needed to determine continued eligibility and answer the other 3 reeval questions  What do we already know about the student?  Where is he currently functioning?  What services is he currently receiving?  Has anything significant changed since the last evaluation/reevaluation?

43 No additional data needed to answer all 4 reeval questions  PWN to propose evaluation, to notify parents that no additional information is needed to determine eligibility, and to give reasons for that decision given to the parent BEFORE these things can be done  PWN also notifies parents of their right to request an assessment

44 Additional data ARE needed  PWN to propose reevaluation, to describe what additional information is needed to answer all 4 reeval questions, when it will be collected (completed by…), and who will collect it given to the parent BEFORE these things can be done  Parent consent to reevaluate obtained

45  Once the info is gathered, the team meets to review the info and answer the 4 reeval questions  If the student is determined to continue to be eligible and to need sp ed services, the team reviews and revises, if necessary the existing IEP based on the data collected  PWN is given to the parent BEFORE the changes are initiated

46 Reevaluations  Must be completed by the due date (whether it’s the triennial date or the date set by the team for an “out of cycle” reeval)  Completed means  Existing info reviewed  Any additional info collected  Additional info reviewed  Continued eligibility determination made

47 Initial Evaluations and Reevaluations  The school-level special education coordinator is responsible for coordinating all initial evaluations and reevaluations and ensuring that the evaluations and reevaluations are completed within time lines  This means coordinating any outside assessments the team has requested (OT, speech, doctor’s documentation for OHI)  Staff assigned to gather additional information as part of initial evaluations and reevaluations are responsible for notifying you as soon as he/she has gathered his/her assigned information

48 Develop a system to ensure you’re following up with all people involved in gathering the additional information

49 Letters of Notification

50 Letter of Notification  IEP meeting notifications must include the purpose, time, and location of the meeting and who will be in attendance. This is why an email asking the parent to attend a meeting doesn’t suffice (even if they attend).

51 Letter of Notification  So there has to be documentation that a formal invite that included all of the above was provided.  Which one shows that proper notification was provided:  “Email”  “Email with invitation attached?”  Does this make sense? One notification method that says “phone.”  What if the parent does not attend and one of the two notifications were “phone?”  Even if the parent attends, the meeting could be determined null and void if proper notification wasn’t provided.

52 The IEP Process

53 The following slides were adapted from a presentation conducted by the SC Department of Education, Office of Exceptional Children.

54 Four Goals for Meeting the Needs of Students with Disabilities 1. Provide access to the general education curriculum 2. Provide involvement and participation in the general education environment 3. Implement individualized interventions 4. Show progress in the educational standards of the general education curriculum to the greatest extent possible

55 IEP Section I Student Information  The percent of time the student spends in the regular education environment auto populates from Placement History.

56 IEP Section I Student Information  “Date of IEP Meeting” reflects:  Date of Initial IEP meeting or;  Date of Annual Review  “Date of Special Review” changes whenever additional meetings are held throughout the school year  Remember that the IEP Initiation Date is either the first day of the following school year (If Not Birthday IEP) or reflects a change during the school term and you MUST provide PWN to explain the reason for the change

57 IEP Section I Parent/Guardian Information  This section of the IEP is updated through Power School  Check frequently to ensure that Parent/Guardian Information is current and accurate

58 IEP Section I Transition Transition  Check Yes for any student that:  will reach the age of thirteen during the active dates of the IEP; or  is age 13 to 21 during the active dates of the IEP  The student must be invited to the first transition meeting as well as to all subsequent IEP meetings  and “to discuss transition services” must be checked on the Letter of Notification

59 IEP Section I Student Interests and Preferences  Global statement describing the “student’s” interests and preferences  Interests and Preferences can be derived from:  Formal and informal (documented) interviews  Formal and informal interest inventories  NOT just a copy/paste from the previous IEP

60 IEP Section I Student Interests and Preferences Example

61 IEP Section I Post Secondary Goal(s )  A Post Secondary Goal is:  Articulation of what the student would like to achieve after high school phrased in the form of a measurable goal  Based on age-appropriate transition assessment  Based on student’s strengths, preferences and interests  Written for both education or training and employment  When appropriate, written for independent living  Education or Training must be separate from Employment

62 IEP Section I Post Secondary Goal(s)  Post Secondary Goals are:  “Measurable”  Based on an outcome and not an activity or process  Do not use action verbs like “seeks”, “pursues”, “continues”, “learns” and “applies” as these terms are processes and not outcomes

63 IEP Section I Post Secondary Goal(s) “Helpful Formula”

64 IEP Section I Post Secondary Goal(s) Example Non-Example

65 IEP Section I SC Career Cluster  School can use up to sixteen clusters for reporting purposes but may modify these clusters (for example, Arts and Humanities in place of Arts, Audio-Video Technology, and Communications).  ONLY put a cluster (cluster combination) that your school offers)  The sixteen state clusters are the same as the sixteen federal clusters  Defined Program Grades 9-12  Regulation No.: R43-234  http://www.careertech.org/career- clusters/glance/careerclusters.html http://www.careertech.org/career- clusters/glance/careerclusters.html

66 IEP Section I Course of Study  For any student who is, or who will reach the age of transition, the Course of Study provides a description that is:  Driven by the student’s interest and;  Linked to the selected SC Career Cluster  The only options in our District:  Standard Course of Study towards a HS diploma  Modified/Functional Course of Study towards a district attendance credential  Standard Middle School Focus  Modified/Functional Middle School Focus

67 IEP Section I Course of Study Example Non Example

68 IEP Section I Transition Services  If any Transition Service is selected there must be a corresponding goal.  It is possible for one goal or goal and objectives to support multiple Transition Services  At a minimum, “Instruction” is checked. Let’s talk about “development of Employment and Post School Objectives when we talk about transition assessment.

69 IEP Section I Diploma/Certificate  If District Attendance Credential, the IEP team must ensure that the parent(s) and the student understands that this is not a State High School Diploma  When Regular State High School Diploma is selected, the Anticipated Date of Graduation can be updated by the IEP team as appropriate  We do not offer:  Occupational credential, State Certificate, or N/A for GED Program

70 IEP Section I Age of Majority  Be sure to inform any student that will, or has reached age of majority, of his or her rights under IDEA.  This must be completed not later than one year before the child reaches the age of majority under the state law.  This notification form is on SharePointSharePoint

71 IEP Section II “The Foundation” This is the basis from which all other Individualized Education Program (IEP) components are developed

72 IEP Section II Academic and Functional Strengths and Needs  Describing Academic and Functional Strengths and Needs provides an overview of factors that impact performance and the development of services and programs designed to meet the student’s unique learning needs

73 IEP Section II Academic and Functional Strengths and Needs Example Questions  What is Josephina’s area of weakness?  What is Josephina’s area of strength?  What type of Present Levels of Academic Achievement and Functional Performance might be developed?  Might Josephina require any instructional accommodations?

74 IEP Section II Academic and Functional Behavior  If a Functional Behavioral Assessment is warranted, this must take place as part of an evaluation or reevaluation of the student unless it is the practice of the district to conduct a Functional Behavioral Assessment for any student to include students without disabilities.

75 IEP Section II Present Levels of Academic Achievement and Functional Performance (PLAAFP)  The (PLAAFP)  Identifies Educational Need  Serves as a baseline or starting point  Is directly connected to goals and services

76 IEP Section II Present Levels of Academic Achievement and Functional Performance (PLAAFP) Example  Recalling Josephina’s description of Academic and Functional Strengths and Needs, does the PLAAFP address all areas identified?

77 IEP Section III Accommodations to the General Curriculum  Accommodations :  Do not reduce learning expectations  Provide access by enabling the student to participate more fully in instruction and assessment  Permit the student to better demonstrate skills  Must be part of daily instruction  Should never be introduced for the first time when a student is participating in state-wide or district assessments

78 IEP Section III Modifications in the General Curriculum  Modifications:  Change learning expectations  Must be clearly described

79 IEP Section III Supplementary Services  Supplementary Services:  Aids services and supports that can be provided in general education, education-related settings and in extracurricular and nonacademic settings  Supplementary Services:  Might include parent training, providing the student with a one-on-one assistant, or providing staff with professional development to assist in meeting the unique needs of the student

80 IEP Section IV IEP Goals and Objectives  Annual Goals must: Annual Goals must:  Directly link to the Academic and Functional Strengths and Needs, PLAAFP and when applicable, the Transition needs of the student  Annual Goals tell us:  What we expect the student to learn or be able to do in 1 year; and  How we will know when the student has learned or demonstrated that he can do it

81 IEP Section IV IEP Goals and Objectives  The essential characteristics of IEP Goals are that they must be measurable and be measured  If an IEP Goal is not measurable it violates the IDEA and may result in the denial of a Free Appropriate Public Education (FAPE)  If a Goal is not measured that violates the IDEA and may result in the denial of FAPE  Bateman & Herr, 2006

82 IEP Section IV IEP Goals and Objectives  Every Measurable Goal Must: Every Measurable Goal Must:  Allow a clear yes or no determination of whether or not it has been achieved  Pass the “stranger test” (IEP Team Members can agree if the goal has been achieved)

83 IEP Section IV IEP Goals and Objectives  Objectives/Benchmarks Objectives/Benchmarks  “Spell out” what the student will need to do to complete the annual goal.  Are the same skill in each benchmark with degree of proficiency to which the student performs the skill changing from benchmark to benchmark

84 Measurable Annual Goals Critical Components  Behavior – clearly identifies the performance being monitored; “Jeremy will read aloud”  Condition – describes what must be present for the student to demonstrate the skill or behavior at the expected level of performance; “when presented with a passage from the 2 nd grade curriculum”  Level of Proficiency – how many, how often, to what standards the behavior must occur; “48 words per minute with less than 2 errors”  Measurement – as measured by; “as measured by weekly one minute oral reading fluency probes”  Timeframe – may be included; “In 36 weeks”; “by the end of the 2012-2013 school year”

85 IEP Section IV IEP Goal Example 48 words per minute with less than 2 errors In 36 weeks, when presented with a passage from the 2nd grade reading text, Jeremy will read aloud from 38 to 48 words per minute with less than 2 errors as measured by weekly one minute oral reading fluency probes. Location of Services Special Education Classroom Virtual Special Education Classroom Not “virtual classroom”

86 IEP Section IV IEP Goal and Objectives  Remember, for any student that participates in the SC-Alt (Alternate Assessment), the IEP team must develop goals AND objectives for any area of need identified in the PLAAFP.

87 IEP Section V Time  Special Education and Related Services must be denoted in MINUTES  Subtract the total MINUTES in special education and related services from the total amount of minutes in the school week

88 IEP Section V Related Services  Related Services are:  Supportive services provided to students with disabilities to assist them in benefiting from Special Education  Like the need for special education, determined on an individual basis as part of the IEP process  Connected to other parts of the IEP to include, Functional Strengths and Needs and the PLAAFP  Accompanied by measurable annual goals that are denoted in section IV IEP Goals and Objectives

89 IEP Section V Related Services  The IDEA regulations contain a list of related services IEP teams can consider and they include:  Audiology, Counseling Services (including rehabilitation counseling), Early Identification and Assessment of disabilities in children, Interpreting Services, Medical Services, Occupational Therapy, Orientation and Mobility Services, Parent Counseling and Training, Physical Therapy, Psychological Services, Recreation, School Health Services and School Nurse Services, Social Work Services in Schools, Speech-language pathology services and Transportation

90 IEP Section VI Participation in Statewide Testing  Consideration for the use of Accommodations and/or Modifications for Statewide Testing should:  Be based on individual student need and; Section III – Accommodations to the General Curriculum  When selected, must be clearly reflected in IEP Section III – Accommodations to the General Curriculum

91 IEP Section VIII Special Factors The Team Must Consider In The Development of the IEP

92 IEP Section IX Least Restrictive Environment (LRE)  LRE Considerations  The team must document the extent, if any, that the student WILL NOT participate with non-exceptional students in the general education classroom

93 IEP Section IX Reporting to Parents  The IDEA requires every IEP to include a description of how the child’s progress toward annual goals will be measured and when periodic reports will be provided.  If your district chooses to send reports home, determine how often they will be sent and be sure to adhere to this timeline  Many districts report on progress for students with disabilities at the same time they report progress for general education students (quarterly).

94 IEP Section X Team Members

95 Summary and PWN

96 Meeting Summary  Required per District Policy  Not meant to be a transcription  Purpose is to capture the gist/flow of an IEP meeting  Purpose is to discuss requests/disagreements  Every parental request needs to have closure  Parent asked for a in-home teaching assistance. The team discussed and determined that based on present level data, the child is able to receive FAPE through the proposed services of virtual services.  Common mistakes noted:  Wrong date of the meeting  Not noting proper meeting membership  Tips for Taking Notes – See Handout

97 PWNs  Top 5 things found on PWNs:  We considered sending the kid back to his home school.  We considered nothing.  We considered discontinuing services.  We prosed to conduct an annual review.  Meeting letter says “invite to special review,” but PWN says conducted annual review.”  We made changes to the present levels (nothing in section C checked).  Considered but rejected requiring the child to take medication.

98 PWNs  Let’s talk about what these questions mean:  As a result of the IEP/Staffing meeting, the IEP/Staffing Team proposes or refuses to.  Explanation of why the school district/agency proposes or refuses to take this action.  Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action.  Description of any other choices that the IEP team considered and the reasons why those choices were rejected.  Description of any other reasons why the school district proposed or refused the action.

99 PWNs  The parent MUST have a copy of the PWN prior to implementing the IEP.  If the parents attends the meeting and does not leave with a copy of the PWN, the IEP cannot be implemented until after the PWN has been sent.  If parents did not attend, the IEP cannot be implemented until after the PWN has been sent to the parents.  What does this mean?  Give the PWN at the meeting (along with the IEP)  Wait 5 – 7 days after the meeting to initiate the proposed FAPE  Initiation date must reflect this on the cover page of the IEP)  Cannot extend past the expiration date of the IEP to “wait” to give the PWN.

100 Progress Monitoring

101  Using the PM report in Excent  Documenting progress towards each annual goal  Provided to parents on the schedule dictated in IEP  At least as often as gen ed, but not less than every 9 weeks

102 Purpose “When the cook tastes the soup, that formative; when the guests taste the soup, that’s summative.” Robert Stake

103 “As the cook, or teacher, we need to stop and taste the soup before we move forward with instruction. We need to design instruction so students can press the reset button and go back to learn what they missed the first time. We can use many techniques to assess student achievement and understanding.”

104  If you wait until the end of the year to monitor progress, you have run out of time to change instruction.  Collecting progress monitoring data drives/guides instruction.

105 Examples  Updates of baseline data from PLPs  CBMs  Data sheets for time on task, assignments completed  Discipline referrals  Description of progress (more than “progressing”)  Answer the question “Where is Robbie now?”

106 Special Review vs Annual Review

107 Special Review vs. Annual Review Special Review  Can be done with an agreement to amend an IEP  Only update certain areas of present levels  Something needs to be changed (updated) for EVERY special review (most likely in the PLOP) Annual Review  Updated 100% of the present levels with CURRENT present level data

108 Exiting Services & Students

109 Exiting = Reevaluation Unless the student is graduating with a regular high school diploma or aging out at age 21, he/she can only be exited through a reevaluation.

110 Transfers into the District

111 Written, school-level procedures  How to you identify newly-enrolled students who have IEPs?  How/who requests records?  What happens if you don’t get records within 5 days?  Once you get records, what happens?

112 1. Comparable services meeting 2. Comparable services form and transfer IEP uploaded into Excent 3. Communication with general and special education teachers about comparable services 4. IEP meeting w/i 30 days to either  Adopt the transfer IEP (on our forms)  Write your own IEP based on new data collected

113  “Comparable” services  Not going from 1950 minutes of special education services to 60  Not dropping the behavior/counseling goal because “we don’t do that here”  Not dropping the fine motor goal because “we don’t have an OT”

114 30-day IEP meeting Team can only make changes if there are new data to support making changes

115 30-day IEP meeting  Treat as a special review (typically)  Update PLPs  Make any changes, BASED ON NEW DATA, that are needed in the goals, accommodations, services,…

116 The IEP Folder

117  Simply put, EVERY CHILD who has/had an IEP at your school needs to have an IEP folder.  These files need to be kept for 5 years after the child exits.  Things that are embarrassing:  2 years in and the only file in the folder is a meeting notification from 18 months ago.  The only files are non-signed IEPs.

118 IEP Folder What happens with the “signed IEP” (hand written one with markups)? What happens to your signature page?

119 Moving Forward

120 Citations  IEP Compliance:  Top Areas of Noncompliance  Are children with disabilities achieving at high levels?  Q55: Severity of Disability Statement in PLOP (N=9)  Q60: PLAAP (N=8)  Q62: Annual Goals Relating to Disability (N=14)  Q63: Other Annual Goals (N=11)  Q65: Progress Measured (N=8)  Q66: When Progress Reported (N=8)  Q69: Nonparticipation with Nondisabled (N=13)  Are youth with disabilities prepared for life, work and postsecondary education?  Q34: Strengths Considered (N=7)*  Q77: Meeting Notice (Transition) (N=8)*  Does the District implement IDEA to improve services and results for children with disabilities?  Q6: Parent Right to Assessment (N=7)*  Q23: PWN Completion (N=19)

121 District Corrective Action Plan  District creates and implements a district-wide monitoring plan that includes a formal compliance process and sanctions (8/15/2013).  Provide staff training on the evaluation process/IEP Compliance.  Require schools to submit monthly updates to District regarding evaluations in process  Provide tailored and specific technical assistance to individual charter schools through the creation and assignment of a regional coordinator.  Create an IEP compliance checklist that is used at the school level for peer review.  Individual Student Corrections (10/15/2013).  Develop a process to verify certification/qualifications of all service providers.

122 Denial of FAPE Meetings

123 Denial of FAPE an IEP TEAM needs to meet to discuss what, if any, negative impact took place  For anytime a potential denial of FAPE took place (i.e. services didn’t happen as they are written, procedural compliance), an IEP TEAM needs to meet to discuss what, if any, negative impact took place.  How not to decide this:  The principal says we’ll provide two make up sessions  We missed 3 sessions so we’ll make up 3 sessions

124 Denial of FAPE cont.  How this is decided?  Two questions:  What is the child’s present levels (IN ALL AREAS)?  Based on data, previous progress, and parental input, what does the IEP team think the child’s present levels would look like if the A, B, and C compliance issues never took place.

125 Denial of FAPE cont.  What if the scales are tipped (where the child should be versus where the team thinks the child should be)?  A negative impact took place:  Develop a Compensatory Service Plan  amount of services needed to make up the deficit  location of services  person providing services  measurement of progress  documentation of provision of services  Where/How this is documented?  SERIOUSLY.... NO SHORTCUTS WITH THIS!  Sample Meeting Agenda, Summary and PWN: See Handout

126 Small Group Discussion  As you think about your next steps at your school (i.e. a corrective action plan):  What do you do with the information you receive? How do you share your wealth of knowledge?  How are you going to ensure compliance within your own staff (teachers)?  How are you going to ensure compliance for your related service providers (contract providers)?

127 Corrective Action Plans  Sample Plan  School Action Plans  Action Plan Components:  Area of Non-Compliance  Root Cause  Corrective Action Plan  Personnel Responsible  Date for Completion  Due Date: April 30, 2013  ALL SCHOOLS


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