Notes

Outline

Individual Education Program It’s a Road Map to Success!

The Purposes of IDEA The Purposes if IDEA can be found in the statute at section 1400(d).  I put them on bright green cards so that they would not get lost in the piles of forms.  When you start to question the meaning of all of this, you may want to refer back to your little green cards. (If it hasn’t already been covered, read this one:) §1400(d) Purposes.--The purposes of this title are--(1) (A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living

The Purpose and Non-Purpose The Purpose of this next hour is to cover the Proper Development of IEPs. The “Non-Purpose” of this hour is to get side tracked into specific incidents or situational analysis. We are going to move fast! I attended an 8 hour training a couple of weeks ago that covered a tenth of the material we will go over today. If you have specific questions, please jot them down for the end.

The Agenda IEP participants IEP process IEP components A mock IEP meeting Questions

IEP Pre-test Taken from www.wrightslaw.com Authors: Pete & Pam Wright

Question: 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?

Answer: Yes, Appendix A, Question 2

Question: 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?

Answer: Only affected areas, Appendix A, Q. 4

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

Answer: Yes, Appendix A, Q. 7

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

Answer: Yes, Appendix A, Q. 8

Question: 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?

Answer: No, or "it depends" Appendix A, Q. 19

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

Answer: It depends, Appendix A, Q. 21

Question: 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?

Answer: No, Appendix A, Q. 25

Question: 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?

Answer: No, Appendix A, Q. 28

Question: 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?

Answer: It depends, Appendix A, Q. 29

Question: 10. Must related services personnel attend IEP meetings?

Answer: No, Appendix A, Q. 30

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

Answer: Yes, Appendix A, Q. 31

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

Answer: No, Appendix A, Q. 32

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

Answer: It depends, Appendix A, Q. 33

Question: 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. 300.24?

Answer: Yes, Appendix A, Q. 34

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

Answer: Must specify amount, Appendix A, Q. 35

Question: 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?

Answer: Yes, Appendix A, Q. 38

Question: 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?

Answer: It depends, Appendix A, Q. 39

Question: 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?

Answer: Yes, Appendix A, Q. 40

An IEP is an Open-Book Test No one is expected to have every answer memorized.  They are all found in question and answer form in “Appendix A” The Interpretation of the Individualized Education Program is from the U.S. Department of Education. It was first published in 1981 and was amended in 1997. It provides detailed information on the requirements that must be followed in writing and implementing IEPs. (Make Sure everyone gets a copy!)

The IEP form The new forms are set up to guide us through the process. We will allow it to lead us through this training today.

Who participates in the IEP meeting? Student Parents Teachers At least one regular ed teacher At least one special ed teacher Individual who can interpret what the child's evaluation results mean Individual representing the school system Individuals with knowledge or special expertise about the child Representatives from transition service agencies

What’s in the IEP? Present Levels of Performance Goals & Objectives Participation with non-disabled peers Participation in state and district wide mandated tests Accommodations Modifications Related Services Other Considerations Behavior plans Health care plans Assistive Technology plans Extended School Year services Measuring progress Transition Services

Present Levels of Performance Evaluation results such as classroom tests and assignments, individual tests given to decide eligibility for services or during reevaluation Observations made by parents, teachers, related service providers, and other school staff The statement about "current performance" includes how the child's disability affects his or her involvement and progress in the general curriculum --34 CFR §300.347(a)(1)

Present Levels of Performance Appendix A, Question 1 says it this way: “The Purpose of using these assessments is to determine the child’s present levels of educational performance and areas of need arising from the child’s disability so that approaches for ensuring the child’s involvement and progress in the general curriculum and any needed adaptations or modifications to that curriculum can be identified.” In other words, we need to know precisely where the student is now so that we know what we must do next. What can the child do?  What can’t he or she do?  What does the child know?  What doesn’t he or she know. Remember, we are looking for the areas that must be addressed to prepare the child for “employment and independent living” Get the answers to those questions down in the PLOP and go from there to…

Writing Goals & Objectives Specific Measurable Action Words Realistic & Relevant Time Specific --34 CFR §300.347(a)(2) www.wrightslaw.com

SMART IEPs Specific Specific Goals and Objectives describe each behavior and skill that will be taught, and define each skill or behavior in ways that are observable and measurable.  Describe outcome… what will success look like?  “Run Fast” or “Run a 6 minute mile timed with a stop watch”?

SMART IEPs Measurable Measurable goals and objectives allow you to assess the student’s progress.  When you use measurable goals and objectives, you know when a goal is reached and when a skill is mastered.  And if it isn’t, you know how far off you are. Measurable goals and objectives are“Norm Referenced” and “Criterion Referenced.”  We have something to compare our results to. “Have a good attitude” or “Smiles more and yells less”? Back to our runner… by picking a distance and a time and using a stop watch, we know if we run a 8 minute mile we still have some work to do.  Or if we can run for 6 minutes, but only cover a couple of blocks, we have a ways to go.

SMART IEPs Use action words like “Johnny will be able to…” What skill must be mastered before other skills can be mastered? We have to learn to walk before run, so if our PLOP shows that we are still crawling that 6 minute mile, we have an idea what we should be working on next Independent person can observe behavior, product, & agree that skill acquired. After child acquires skill, what will he be able to do? Attitude vs. Measurable Behaviors

SMART IEPs Realistic and Relevant Realistic and relevant goals address the student’s unique needs that result from the student’s disability. Realistic… No goals of running 1 minute miles! remember our purpose?  … to prepare for employment and independent living…

SMART IEPs Time Specific Time-limited goals and objectives allow you to monitor progress at regular intervals. By October 27th, Johnny will be able to run a 5 minute half mile on the school track as timed with a digital watch when given a stopwatch to monitor his pace. By January 27th, Johnny will be able to run a 9 minute mile on the school track as timed with a digital watch when given a stopwatch to monitor his pace.

SMART IEPs Descartes (1644) If something exists, it exists in some amount. If it exists in some amount, it is capable of being measured.

UnSMART Zone  Improve attitude  Improve peer relationships  More accepting of others  Improve self-control  Develop an understanding of computers  Appreciate Art or Music  Participate in Gym

Participation with non-disabled peers The IEP must explain the extent (if any) to which the child will not participate with non-disabled children in the regular class and other school activities. This is where LRE (Least Restrictive Environment) is considered. --34 CFR §300.347(a)(4)

Participation with non-disabled peers Appendix A Question 1 reads:  Even though IDEA does not mandate regular class placement for every disabled student, IDEA presumes that the first placement option considered for each disabled student by the student’s placement team, which must include the parent, is the school the child would attend if not disabled, with appropriate supplementary aids and services to facilitate such placement … In all cases, placement decisions must be individually determined on the basis of each child’s abilities and needs and not solely on factors such as category of disability, significance of disability, availability of special education and related services, configuration of the service delivery system, availability of space or administrative convenience.

Participation in state and district wide mandated tests Most states and districts give achievement tests to children in certain grades or age groups. The IEP must state what modifications in the administration of these tests the child will need. If a test is not appropriate for the child, the IEP must state why the test is not appropriate and how the child will be tested instead. --34 CFR §300.347(a)(5)(ii)

Accommodations & Modifications We will address Accommodations & Modifications Goals Pacing Environment Presentation of Subject Matter Grading Assignments Reinforcement & Motivations Testing Adaptations --34 CFR §300.347(a)(6)

Modifications See the sample Checklist for Accommodations and Modifications to the General Curriculum! Statement of the Special Education and Related Services, Supplementary Aids and Services, Program Modifications, and Supports For School Personnel --34 CFR §300.347(a)(3)

Modifications Say the student has an attention problem, You might have the student: Write things down, take notes, use a paging system, a hearing device, or wear headphones. Underline, paraphrase, or use a marker when reading Watch stimulants in class: lights, noise, moving objects

Modifications & Accomodations And the teacher might: Connect the task to what is relevant and motivating to the student Permit frequent movement; allow the student to stand up while working Vary the presentation of materials (visual, auditory, manipulatives) Focus attention by use of speech, rate and volume of voice, use of bells or music or colors Provide them with reminder cards, a visual schedule of the steps in a process Use humor and avoid making the classroom stressful

Related Services A child may require any of the following related services in order to benefit from special education. Related services, as listed under IDEA, include (but are not limited to): Early identification and assessment of disabilities in children Audiology services Counseling services Medical services Occupational therapy Orientation and mobility services Physical therapy Psychological services Parent counseling and training Recreation Social work services in schools Rehabilitation counseling services School health services Speech-language pathology services Transportation

Other Considerations Behavior plans Health care plans Assistive Technology plans Extended School Year services We could do an entire inservice on each of these topics and I have been allotted about a minute a piece. So hang in there while I give you a quick run-through, but know that there are many resources available to assist in writing the Behavior, Health, or Assistive Technology plans!

Behavior Plans See Appendix A, Question 38 In most cases in which a child’s behavior that impedes his or her learning or the learning of others is, or can be anticipated to be, repetitive , proper development of the child’s IEP will include the development of strategies, including positive behavioral interventions, strategies and supports to address that behavior.  This includes behavior that could violate a school code of conduct.

Health Care Plans The 1999 United States Supreme Court ruling in Cedar Rapids Community School District v. Garret F. held that the Individuals with Disabilities Education Act (IDEA) requires school districts to provide nursing services when such supportive services are necessary in order for students to access and benefit from their educational program.  Supreme Court Rulings are binding in all districts. clarifies that "related services" under IDEA include school health services required by a student, whether these services require a nurse for one-half hour per week or one-on-one throughout the school day. These school health services, provided by "a qualified school nurse or other qualified person" are considered "supportive services" under IDEA.

Health Care Plans to determine if a required service is a "related service" under IDEA: the team must determine whether the requested services are supportive services that are required to assist a child with a disability to benefit from special education and whether the services are excluded because they are medical services that need to be performed by a physician. establishes that students with complex medical needs are like other students with disabilities, and have the right to access a free and appropriate public education designed to meet their unique needs. affirms that school districts are financially responsible for school health services identified in a student’s individual education program (IEP). Garret F. does not prohibit school districts from accessing other sources of funding, such as Medicaid reimbursement or a family’s medical insurance.

Assistive Technology Plans IDEA defines an assistive technology device as: ...any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. [20 U.S.C. Chapter 33, Section 1401 (25)]. This definition is broad and includes a range of devices from low technology (pencil grips) to high technology (Augmentative Communication device) items as well as software.

Assistive Technology Services Under IDEA the legal definition of assistive technology services is: ...any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. [20 U.S.C. Chapter 33, Section 1401 (26)] Specifically, assistive technology services include: the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment; purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology services;

Assistive Technology Services coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; training or technical assistance for an individual with disabilities, or, where appropriate, the family of an individual with disabilities; and training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.

Extended School Year Tennessee Dept. of Education Nashville, Tennessee   37243-0375 MEMORANDUM TO:  Service Providers FROM:   Joseph Fisher DATE:    February 24, 1997 SUBJECT:  Extended School Year Services Several questions continue to arise concerning the extent to when Extended School Year (ESY) services should be provided to children with disabilities.  The following information should prove to be helpful during M-Team meetings when ESY services are being considered:

ESY 1)   Degree of regression/time for skill re-coupment 2)   Degree of disability 3)   Ability of the child's parents to provide educational structure at home: 4)   The child's rate of progress (when compared to other children with the same or similar disability) 5)   Consideration of any behavioral/physical problems which the child might have 6)    The availability of alternative (community) resources for serving this child 7)    The ability of the child to interact with children who are non-disabled 8)     Areas in child's program/curriculum which require continuous attention 9)     Consideration of child's vocational needs 10)    Is the area of service(s) under consideration "Extraordinary" to this child's disability? 11)    Is the area of service(s) under consideration an integral part of an educational program designed for children with this disability?

Measuring progress Inform Parents of Their Child's Progress at least as often as you report a typical student’s grades Inform them of their child’s progress toward their annual goals The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year --34 CFR §300.347(a)(7)(ii) --34 CFR §300.347(a)(7)(i)

Hand Off I am going to give the floor to Mr. Tracy, so that he might address Transition Services.

Transition Transition planning, for students beginning at age 14 (and sometimes younger) Involves helping the student plan his or her courses of study (such as advanced placement or vocational education) so that the classes the student takes will lead to his or her post-school goals. Transition services, for students beginning at age 16 (and sometimes younger) Involves providing the student with a coordinated set of services to help the student move from school to adult life. Services focus upon the student’s needs or interest in such areas as: higher education or training, employment, adult services, independent living, or taking part in the community. --34 CFR §300.347(b)(1)

Implementing the IEP TEAMWORK TEAMWORK TEAMWORK

Small Group IEP Activities Divide into groups of 4 to 5 Pick up your group “student scenario” Identify roles Write the IEP for the student You have 30 minutes

Large Group Discussion Questions Suggestions Issues Concerns

IEP Post-test You have 10 minutes. The answers can be found within the Regulations and Appendix A of IDEA. Take your time!

Thank you! Thanks to the Wrights for use of their quiz and their site www.wrightslaw.com. Thanks to Treva Maitland for putting together the original PowerPoint.

Available Resources Office of Special Education Programs Office of Special Education and Rehabilitative Services U.S. Department of Education Mary E. Switzer Building 330 C Street SW Washington, DC 20202 (202) 205-5507 (Voice/TTY) Web: www.ed.gov/offices/OSERS/OSEP/

"National Information Center for Children..." National Information Center for Children and Youth with Disabilities (NICHCY) P.O. Box 1492 Washington, DC 20013 (800) 695-0285 (Voice/TTY); (202) 884-8200 (V/TTY) E-mail: nichcy@aed.org Web: www.nichcy.org ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC) 1920 Association Drive Reston, VA 20191-1589 (800) 328-0272 E-mail: ericec@cec.sped.org Web: ericec.org

"Technical Assistance for Parent Centers..." Technical Assistance for Parent Centers--the Alliance PACER Center 4826 Chicago Avenue South Minneapolis, MN 55417-1098 (888) 248-0822; (612) 827-2966 (612) 827-7770 (TTY) E-mail: alliance@taalliance.org Web: www.taalliance.org Mid-South Regional Resource Center (MSRRC) Human Development Institute University of Kentucky 126 Mineral Industries Building Lexington, KY 40506-0051 (859) 257-4921; (859) 257-2903 (TTY) E-mail: msrrc@ihdi.uky.edu Web: www.ihdi.uky.edu/msrrc

"Associations of Service Providers Implementing..." Associations of Service Providers Implementing IDEA Reforms in Education (ASPIIRE) The Council for Exceptional Children 1920 Association Drive Reston, VA 20191-1589 (888) 232-7733; (703) 264-9456 (703) 264-9446 (TTY) E-mail: ideapractices@cec.sped.org Web: www.ideapractices.org Families and Advocates Partnerships for Education (FAPE) PACER Center 4826 Chicago Avenue South Minneapolis, MN 55417-1098 (888) 248-0822; (612) 827-2966; (612) 827-7770 (TTY) E-mail: fape@pacer.org Web: www.fape.org

"IDEA Local Implementations by Local..." IDEA Local Implementations by Local Administrators (ILIAD) The Council for Exceptional Children 1920 Association Drive Reston, VA 20191-1589 (877) CEC-IDEA; (703) 264-9418; (703) 264-9480 (TTY) E-mail: ideapractices@cec.sped.org Web: www.ideapractices.org The Policy Maker Partnership (PMP) for Implementing IDEA 97 National Association of state Directors of Special Education 1800 Diagonal Road, Suite 320 Alexandria, VA 22314 (703) 519-3800; (703) 519-7008 (TTY) E-mail: nasdse@nasdse.org Web: www.nasdse.org

"National Center on Education," National Center on Education, Disability, and Juvenile Justice (EDJJ) University of Maryland, 1224 Benjamin Building College Park, MD 20742 Phone (301) 405-6462 Fax (301) 314-5757 edjj@umail.umd.edu Office of Juvenile Justice and Delinquency Prevention Office of the Administrator U.S. Department of Justice 633 Indiana Avenue, NW Washington, D.C.                          SAFESCHL@ed.gov

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