forms training: day 1 wyoming department of education special programs division stephanie weaver,...

Forms Training: Day 1

Wyoming Department of Education

Special Programs Division

Stephanie Weaver, Deputy Director

Lenore Knudtson, Consultant

The Beginning of the Story

Special educators must be good story tellers.

Analogy: A comparison between two things.

We encourage you to think about a student’s special education history as storytelling.

As with all stories, the special education story has a beginning, middle and end.

The WDE model forms will help guide the IEP team through the process of telling an epic story, understandable to the complete stranger, and defensible to the most enthusiastic challenge.

MODEL: A system or thing used as an example.

These are MODEL forms. Districts are free to develop their own forms, but remain responsible for all of the required content.

The up-to-date model forms are dated 05/02/2011. Input from the forms training resulted in minor changes to some forms. The amended forms are distinguished by the “v.2” after the date. Earlier versions should not be used.

Article 7 – Services to Preschool Children with Disabilities

21-2-701. Definitions.

(a) As used in this act:

(i) "Division" means a division or section as assigned responsibilities for programs of developmental disabilities, department of health;

(ii) "Preschool children with disabilities" means any children three (3) through five (5) years of age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, subject to rules and regulations of the state superintendent;

(iii) "Regional developmental preschool system" means the regional developmental programs and the operating units or centers of those programs in this state which through contracts with the division, provide services to preschool children with disabilities;

(iv) "This act" means W.S. 21-2-701 through 21-2-705.

21-2-702. Intermediate educational unit.

The division is deemed an intermediate educational unit as defined in 20 U.S.C. 1401(23), Education of the Handicapped Act, as amended as of January 1, 1989.

IDEAFederal

Regulations

Case Law

OSEP Guidance

State Statutes

State Rules

Statutory Authority

Circuit Courts of Appeal

The Path of a Special Ed. Dispute

Supreme Court

Court of Appeals

Federal District Court

Due Process Hearing

The Organizational Tool

The Multi-Tool

Prior Written Notice

The IEP team’s multi-tool.

It does just about everything.

Use it often for best results.

Critical fo

rm for

storytelling and

protection.

34 C.F.R. §300.503

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency— (1) Proposes to initiate or change the identification, evaluation,

or educational placement of the child or the provision of FAPE to the child; or

(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

Prior Written Notice (b) Content of notice. The notice required under paragraph (a)

of this section must include— (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take

the action; (3) A description of each evaluation procedure, assessment, record,

or report the agency used as a basis for the proposed or refused action;

(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;

(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(7) A description of other factors that are relevant to the agency's proposal or refusal.

Prior Written Notice

(c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be—

(i) Written in language understandable to the general public; and (ii) Provided in the native language of the parent or other mode of

communication used by the parent, unless it is clearly not feasible to do so.

(2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure— (i) That the notice is translated orally or by other means to the

parent in his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and (iii) That there is written evidence that the requirements in

paragraphs (c)(2)(i) and (ii) of this section have been met.

The Purpose of Prior Written Notice

PWN triggers the parent’s opportunity to object to the proposal or refusal.

Consider: District proposes a change from a full time mainstream placement to full time resource room in a program housed in another school. PWN issued by the District explains the proposal. Parent has the opportunity to object, formally or

informally. Parent files for due process, triggering stay-put. Child stays in the full time mainstream placement.

Not to be confused with. . .

The Notice of Team Meeting, used throughout the process to summon together a team of people to collectively address student needs.

It is typically the IEP team, but not always.

This Notice must Be given to parents early enough to ensure that they will

have an opportunity to attend by scheduling the meeting at a mutually agreed on time and place, and

Indicate the purpose, time and location of the meeting, and who will be in attendance.

34 C.F.R. §300.322.

This page is for

convenience only.

The beginning of the story.

The Referral

34 C.F.R. §300.301(b) Request for initial evaluation.

Consistent with the consent requirements, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

The referral is the BEGINNING OF THE STORY.

Important procedural safeguards attach at the point of the referral.

Processing the Referral

Upon receipt of a referral, it must be processed: Interventions? Evaluation?

Make sure you tell the next part of the story: PWN declining to conduct an evaluation, or Plan the evaluation.

Referral Processing

No suspicion

Issue a PWN declining to conduct the evaluation.

Thoroughly document the reasons the team DOES NOT suspect a disability or need for special education.

Suspicion

Propose an evaluation,

Issue PWN, and

Evaluate.

When RTI becomes special education

Using an intervention model prior to the special education referral is now considered the industry standard. It is typically viewed as a regular education activity.

Train staff to recognize when the responsibility shifts from regular education to special education. Here are some triggers:

When RTI becomes special education

When progress cannot be documented;

When progress plateaus, i.e. the child is a nonresponder; and

When a parent requests that the child be evaluated.

OSEP Guidance At any time during the intervention process, if a parent

requests a special education evaluation, special education has a role to play.

A team will need to determine whether the school Suspects that the student is a learner with an IDEA

disability, and Suspects that the student needs special education.

OSEP has provided recent guidance on this topic: Memorandum to State Directors of Special Education, 56 IDELR 60 (OSEP 2011).

OSEP Guidance

The use of RTI does not diminish a district's obligation under the IDEA to obtain parental consent and evaluate a student in a timely manner. When there is reason to suspect the student may have a disability and need special education and related services as a result, the IDEA's initial evaluation provisions kick in, regardless of whether the district plans to or is currently utilizing RTI strategies with the student.

Initial Evaluation

Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part. 34 C.F.R. §300.301(a).

(2) Must consist of procedures—

(i) To determine if the child is a child with a disability under § 300.8; and

(ii) To determine the educational needs of the child. 34 C.F.R. §300.301(c)(2).

Screening

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. 34 C.F.R. §300.302.

Referral or request.

Review existing data.

No additional data is needed.

Eval. complete. Write report.

Additional data is necessary.

1. Plan eval. Obtain consent.

2. Conduct eval.

3. Write report.

INITIAL EVALUATION FLOWCHART

Initial Evaluation Determination: 34 C.F.R. §300.305(a)(2)(i)(A)1. Does the child have an IDEA disability?

AND2. Does the child need special education and

related services?

Review of Existing Data

Every evaluation begins with a review of existing data. 34 C.F.R. §300.305(a).

Based on that review, the team must determine what, if any, additional assessments are needed to answer the evaluation questions.

If needed, data must be collected to answer ALL evaluation questions.

What are the legal requirements?

34 C.F.R § 300.304 requires:

The use of a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about the child, including information provided by the parent;

A single measure or assessment not be used as the sole criterion for determining eligibility;

The use of technically sound instruments;

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What are the legal requirements?

34 C.F.R § 300.304 requires:

Assessments and other evaluation materials used to assess a child: Do not discriminate racially or culturally; Are provided and administered in the child’s native language

or mode of communication and is most likely to yield the most accurate information regarding that child;

Are used for purposes for which the assessments or measures are valid and reliable;

Are administered by trained and knowledgeable personnel; and

Are administered in accordance with any instructions provided by the producer of the assessments.

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Legal requirements

o Assessment and other evaluative tools include those tailored to assess specific areas of educational needs and not merely provide a single general intelligence quotient;

o Assessments are selected to accurately reflect the child’s aptitude or achievement level rather than reflecting the child’s impaired sensory, manual or speaking skills, unless the measure is specifically designed to measure such;

o The child is assessed in all areas related to the suspected disability;

o The evaluation is comprehensive and identifies all of the child’s special education and related service needs;

o Assessment tools will provide relevant information.

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Pieces of a comprehensive evaluation

Review of existing evaluation data

Variety of tools and strategies

Information provided by the parents

May need to look at other eligibility areas

Observations Classroom based observations Observations by teachers and related service providers In an environment appropriate for a child of that age

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Comprehensive evaluation

School districts cannot abdicate their responsibilities under the IDEA. Even if a child's parents have the ability to obtain an evaluation, the district still has a responsibility to evaluate the child in all areas of suspected disability.

N.B. v. Hellgate Elem. Sch. Dist., 50 IDELR 241 (9th Cir. 2008).

MYTH: Medical testing

is not the responsibility of the district/CDC.

FACT: If the team needs

medical information for the evaluation (to establish eligibility and/or to identify the child’s needs), it is the team’s responsibility to obtain the testing See 34 C.F.R. §300.34.

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MYTH A comprehensive

evaluation serves the sole purpose of establishing a child’s eligibility.

FACT:

While a comprehensive evaluation is necessary in determining a child’s eligibility, it is also essential in assisting the team in identifying the child’s individual needs that may require special education and related services 34 C.F.R. §300.301(c)(2)(i-ii). Evaluation should be conducted any time the team feels more information is warranted about the needs of the child, regardless of where you are in the three-year evaluation cycle.

Prior Written NoticeConsent for Evaluation

This form is used for the initial evaluation and for all reevaluations.

The sequence is important! Follow the form.

Tell the story of why evaluation makes sense.

This date starts the 60 day timeline.

Evaluation Report

Once the evaluation is complete, a report must be generated to summarize assessment results. 34 C.F.R. §300.306(a)(2).

Upon completion of the administration of assessments and other evaluation measures – The public agency provides a copy of the evaluation

report and documentation of eligibility at no cost to the parent.

Eligibility

Eligibility is a two-prong test. The student must meet the criteria in one of the 13

categories, AND Must, by reason thereof, need special education. 34 C.F.R. §§300.8 and 300.306(a).

If a child only needs a related service and NOT special education, the child is not a child with a disability under the IDEA.

Adverse Educational Impact

“It is not whether something, when considered in the abstract, can adversely affect a student’s educational performance, but whether it really does.”

“A physician cannot simply prescribe special education; rather the IDEA dictates a full review by an IEP team.”

The 7th Circuit further noted that the student’s need for physical and occupational therapy did not make him eligible for IDEA services, as they did not amount to specialized instruction.

Marshall Joint Sch. Dist. No. 2 v. C.D., 54 IDELR 307 (7th Cir. 2010).

Speech Language disability

was removed as an option.

Once eligible,

The school district must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.

34 C.F.R. §300.300(b).

This date must

PRECEDE the implementati

on of services.

The middle of the story.

Only after a child has been determined eligible for special education and consent for the initial provision of services has been obtained does the child completely cross the special education threshold.

The middle years.

The middle of the story is characterized by cycles of events: The initial IEP and each annual IEP. The annual IEP team meeting. Progress reporting at the same frequency as nondisabled

students. The three year reevaluation.

When must IEPs be in effect?

An initial IEP must be developed within 30 days of a determination that the child needs special education and related services, AND

As soon as possible following the development of the IEP.

34 C.F.R. §300.323(c).

When must IEPs be in effect? At the beginning of each school year, each public agency

must have in effect, for each child with a disability within its jurisdiction, an IEP as defined in IDEA. 34 C.F.R. §300.323(a).

The IDEA is clear that at the beginning of each school year, each LEA, SEA, or other State agency, as the case may be, must have an IEP in effect for each child with a disability in the agency’s jurisdiction. Therefore, public agencies need to have a means for determining whether children who moves into the State during the summer are children with disabilities and for ensuring that an IEP is in effect at the beginning of the school year. 71 Federal Register 46682.

The IEP:A living document.

A living document is a document which may be continually edited, evolving over time.

This should be the most meaningful document in a special education student’s educational career.

The student’s story should come alive, starting here.

Sources: Evaluations, progress monitoring, any prior IEPs, teacher and parent reports,

etc.

This information should be MEANINGFUL & RELEVANT.

Present Levels

34 C.F.R. §300.320(a)

A statement of the child’s present levels of academic achievement and functional performance, including – How the child’s disability affects the child’s involvement

and progress in the general education curriculum (i.e. the same curriculum as for nondisabled children); or

For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities.

“Functional” is often used in the context of routine activities of everyday living.” 71 Federal Register 46661.

The PLAAFP connection

In order to tell this part of the story, link together evaluation results and current performance across environments and settings with the measurable annual goals and services.

Describe where the child is functioning currently, the educational needs, write measurable goals to address the needs, and provide special education and related service to meet those needs.

The PLAAFP Connection

The description of the child's present levels of academic achievement and functional performance must contain sufficient detail to allow the IEP team to determine the extent of the child's abilities and special education needs. See Student with a Disability, 50 IDELR 236 (SEA NY 2008); and Ashland Sch. Dist., 47 IDELR 82 (SEA OR 2007).

Special Considerations

According to 34 C.F.R. §300.324(a)(2)(i) – (v). Must take into account six special factors when developing every IEP.

These six factors serve as a roadmap to to guide the team’s to other areas of the IEP that are important for a student.

Practice Pointer

Use the Special Consideration section in a manner similar to an “agenda” of discussion points to facilitate systematic consideration in each required area.

This section of the IEP is where the parents’ perspective should be elicited, helping parents become and remain part of the team.

#1 Behavior

The IEP team must: In the case of a child whose behavior impedes the child's

learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

Behavior that Impedes Learning

Any type of behavior that impedes learning should be considered, including: Truancy; Frequent disciplinary infractions; Disability related behavior; Mental health related behavior; Sleeping in school; or Poor impulse control.

Behavior that Impedes Learning

Remember to consider behavior that may impede the learning of others.

What does this look like? High frequency off-task behavior consuming a

disproportionate amount of teacher time; Physical aggression toward peers; or Verbal aggression toward peers.

Practice Pointer

Behavior impedes learning for many students, not just those eligible under the category of Emotional Disturbance.

The team should consider positive behavior interventions and supports for more children than only those eligible as having an Emotional Disturbance.

Positive Behavior Interventions & Supports Definition: Positive behavior support is a general

term that refers to the application of positive behavioral interventions and systems to achieve socially important behavior change. Sugai, undated.

Positive Behavioral Support (PBS) is an empirically validated, function-based approach to eliminate challenging behaviors and replace them with prosocial skills. Use of PBS decreases the need for more intrusive or aversive interventions (i.e., punishment or suspension) and can lead to both systemic as well as individualized change. Positive Behavioral Supports Information for Educators, Andrea M. Cohn, 2001.

OSEP Guidance

Whether a child needs positive behavioral interventions and supports is an individual determination that is made by each child’s IEP team. 71 Federal Register 46683.

OSEP Guidance

OSEP does not believe there should be a requirement that the IEP team consider such interventions, supports, and strategies for a particular group of children, or for all children with a particular disability, because such decisions should be made on an individual basis by the child’s IEP team. 71 Federal Register 46683.

The IEP

If the team indicates that a student’s behavior impedes learning, then behavior MUST be addressed in the IEP in some manner. For example, it may be addressed in: Present Levels of Academic and Functional

Performance; AND Goals; Special education, related services, supplementary

aids and services; Accommodations, modifications; OR A Behavior Intervention Plan.

#2 Communication Needs Consider the communication needs of the

child, and in the case of a child who is deaf or hard of hearing,

consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

This paragraph is separated into two (2) distinct considerations on the IEP form. Although together in the same paragraph in the regulations, it is addressing different considerations.

Speech or Language Impairment

34 C.F.R. §300.8(b)(11): Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

Communication Needs

If a speech or language impairments mean a communication disorder, wouldn’t every student who has speech or language impairments also have some form of communication needs?

In other words, don’t hesitate to say “yes” to communication needs if those actually exist.

Practice Pointer

Consider communication needs broadly.

This may be relevant to speech or language impairments, or it may be relative to children with hearing impairments.

Focus on the need, NOT the impairment.

The IEP

If the team indicates that a student has communication needs, then communication MUST be addressed in the IEP in some manner. For example, it may be addressed in: Present Levels of Academic and Functional


aids and services; OR Accommodations, modifications.

#3 Deaf or Hard of Hearing

Consider the communication needs of the child, and

In the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

The IEP

If the team indicates that a student is deaf or hard of hearing, then opportunities for communication and direct instruction in the student’s language and communication mode MUST be addressed in the IEP in some manner. For example, it may be addressed in: Present Levels of Academic and Functional



#4 Visual Impairments

In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.

Visual Impairment

Remember, the starting point is instruction in Braille!

Visual Impairment

UNLESS, an assessment determines that instruction in Braille is not appropriate.

Assessment

What does this assessment look like? Like a component of a comprehensive evaluation.

Does the school need consent? Yes, as with any individually administered

assessment.

How do you report the result? Two ways:

First in an Evaluation Report, and Second in the Present Levels of Academic

Achievement and Functional Performance.

The IEP

If the team indicates that a student is visually impaired, then instruction in Braille MUST be addressed in the IEP in some manner, UNLESS the student is assessed and it is determined that instruction in Braille is NOT appropriate. For a visually impaired student, this special consideration should be addressed in: Present Levels of Academic and Functional



#5 Assistive Technology

Consider whether the child needs assistive technology devices and services.

These are defined terms in the Federal Regulations. Make sure the conversation is consistent with the Federal definitions.

Assistive Technology34 C.F.R. §300.105

Each public agency must ensure that assistive technology devices or services, or both, are made available to a child with a disability if required as part of the child’s IEP.

OSEP Guidance

A hearing aid may be determined by a child’s IEP team to be an assistive technology device only if the device is required as part of the child’s FAPE, including special education, related services, or supplementary aids and services. See 70 Federal Register 46581.

OSEP Guidance

As a general matter, public agencies are not responsible for providing personal devices, such as eyeglasses or hearing aids that a child with a disability requires, regardless of whether the child is attending school. However, if the child’s IEP team determines that the child requires a personal device in order to receive FAPE, the public agency must ensure that the device is provided at no cost. See 71 Federal Register 46581.

AT as a Component of FAPE

Although many (if not all) students may benefit from assistive technology, it is required to be part of a student’s IEP only if the assistive technology device or service is necessary in order for the student to receive FAPE.

The IEP

If the team indicates that a student needs assistive technology devices or services in order to receive FAPE, then assistive technology MUST be addressed in the IEP in some manner. For example, it may be addressed in: Present Levels of Academic and Functional



#6 Limited English Proficiency

In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP.

34 C.F.R. §300.27: Limited English proficient has the meaning given the term

in section 9101(25) of the ESEA.

The definition is very broad.

Practice Pointer

Often LEP receives little consideration in an IEP.

Keep in mind that we live in multicultural communities.

IEPs for LEP students may need to have additional information and/or services related to the student’s language needs.

The IEP

If the team indicates that a student’s limited English proficiency affects IEP content, service deliver, or benefit, then language needs MUST be addressed in the IEP in some manner. For example, it may be addressed in: Present Levels of Academic and Functional



If ANY of these are YES, you

must address in

the IEP.

ESY Planning

CONTROLLING AUTHORITY: Johnson v. Indep. Sch. Dist. No. 4 of Bixby, 17 IDELR 170 (10th Cir. 1990).

In the Johnson case, the court framed the critical issue to be resolved by IEP Teams when determining whether a child needs ESY services as follows: [The Rowley] educational benefit standard does not mean that the

requirements of the Act are satisfied so long as a handicapped child’s progress, absent summer services, is not brought “to a virtual standstill.” Rather, if a child will experience severe or substantial regression during the summer months in the absence of a summer program, the handicapped child may be entitled to year round services...The issue is whether the benefits accrued to the child during the regular school year will be significantly jeopardized if he is not provided an educational program during the summer months...[the] analysis should proceed by applying not only retrospective data, such as past regression and rate of recoupment, but also should include predictive data, based on the opinion of professionals in consultation with the child’s parents as well as circumstantial considerations of the child’s individual situations at home and in his or her neighborhood community.

ESY Purpose:To maintain previously learned skills.

The court identified a list of possible factors to be considered when determining ESY services: The degree of impairment; The degree of regression suffered by the child; The recovery time from this regression; The ability of the child’s parents to provide the educational

structure at home; The child’s behavioral and physical problems; The availability of alternative resources; The ability of the child to interact with children without disabilities; The areas of the child’s curriculum which need continuous

attention; The child’s vocational needs; and Whether the requested service is extraordinary for the child’s

condition, as opposed to an integral part of a program for those with the child’s condition.

Measurable goals.

The IDEA is clear that annual IEP goals must be measurable and designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum, and to meet each of the child’s other educational needs that result from the child’s disability. 71 Federal Register 46664.

The IDEA does not require goals to be written for each specific discipline, i.e. physical therapy or occupational therapy or other related services. 71 Federal Register 46662.

Goals must be measurable, i.e. quantifiable

An IEP must include a statement of measurable annual goals, including academic and functional goals designed to – Meet the child's needs that result from the child's

disability to enable the child to be involved in and make progress in the general education curriculum; and

Meet each of the child's other educational needs that result from the child's disability.

34 C.F.R. §300.320(a)(2)

Measurable goals

SMART goals:

Specific

Measurable

Achievable

Results oriented & relevant

Time bound

THE STRANGER TEST

The Stranger Test refers to goals and objectives for students that are described in a fashion that a person unfamiliar with the student could read the description and understand it. Because various persons involved in the implementation of a student's educational plan may interpret a construct differently, it is necessary to describe student behavior in terms that would pass the Stranger Test.

Link to ESY.

Benchmarks are only

required for students taking

alternate assessments

.

Measurable goals

Measurable goals must have sufficiently objective criteria for measuring progress. Kuszerski v. Chippewa Valley Schs, 38 IDELR 63 (6th Cir. 2003).

Measurable goals lead to measuring progress.

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FAPE PIE

Specialized Instruction

Related Service

LRE

ESY

Special Considerations

Supplementary Aids and Service

Accommodations and

Modifications

PLAAFPProgress Reporting

IEP Goals

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Progress vs. Mastery

A student's inability to perform at grade level does not indicate a denial of FAPE when a child makes progress commensurate with her abilities. ◦Walczak v. Florida Union Free Sch. Dist., 27 IDELR 1135 (2nd Cir. 1998).

Similarly, a student's failure to meet his IEP goals does not establish a denial of FAPE when the student is making progress toward his goals. ◦Schroll v. Board of Educ. Champaign Community Unit Sch. Dist. #4, 48 IDELR 155 (C.D. Ill. 2007).

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If progress meanseducational benefit,

What does a lack of progress mean?◦If a student fails to make progress within a reasonable period of time, the district must convene an IEP meeting to address the student's lack of progress. A district's continuation of inadequate services will almost certainly be regarded as a denial of FAPE.

◦District of Columbia Pub. Schs., 49 IDELR 267 (D.D.C. 2008).

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Lack of Progress: procedural steps

1. Review the IEP and confirm implementation.

2. Re-convene the IEP team to review the lack of expected progress, or

3. Revise the IEP by agreement, if appropriate.

4. Recalibrate instructional practices to match changes.

5. Measure Progress.

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Lack of progress: substantive considerations

Evidence Based!

Documentation must evidence meaningful educational benefit, or support the teams effort to implement the 4 Rs: RECONVENE, REVIEW, RESTRATEGIZE, AND REVISE!

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Are good grades enough?

Achievement of passing grades and advancing from grade to grade in a regular classroom environment is not necessarily an indication that the student is receiving FAPE under the IDEA.

An evaluation of the student's circumstances as a whole is still required.◦Hall v. Vance County Board of Education, 557 IDELR 155 (4th Cir. 1985).

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Good grades

In Rowley, the Supreme Court held that a student's ability to earn passing marks and advance from grade to grade is a strong indicator that he received a meaningful educational benefit.

Rowley addressed the student’s performance in the general education classroom.◦Board of Education of the Hendrick Hudson Central School District v.

Rowley, 553 IDELR 656 (U.S. 1982).

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Good gradesWhen high grades are achieved in classes with only special education students set apart from the regular classes of a public school system, the grades are of less significance than grades obtained in regular classrooms.”

“Overall, we think that it is clear that a court should not place conclusive significance on special education classroom scores, a conclusion that we believe is reinforced by the circumstance that, as here, there may be a disconnect between a school's assessment of a student in a special education setting and his achievements in that setting and the student's achievements in standardized testing.”

“When there is such a disconnect we think that there should be an especially close examination of the appropriateness of the student's education.”◦D.S. and A.S. v. Bayonne Bd. of Educ., 54 IDELR 141 (3rd Cir. 2010).

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Remember the 4 Rs

RECONVENE,

REVIEW,

RESTRATEGIZE, AND

REVISE!

Specially designed instruction

34 C.F.R. §300.39

Specially designed instruction means adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction – To address the unique needs of the child that result from the

child’s disability; and To ensure access of the child to the general curriculum, so

that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

The definition of special education includes physical education, travel training, and vocational education.

Related services

34 C.F.R. §300.34

Related services means developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.

Supplementary aids and services

34 C.F.R. §300.42

Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the MAXIMUM extent appropriate.

LRE

34 C.F.R. §§300.114 through 300.118.

To the MAXIMUM extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

LRE

34 C.F.R. §§300.114 through 300.118.

Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled.

A child with a disability should not be removed from education in age-appropriate classrooms solely because of needed modifications in the general education curriculum.

LRE

The IDEA presumes that the first placement option considered for each child with a disability is the regular classroom in the school that the child would attend if not disabled, with appropriate supplementary aids and services to facilitate such placement.

Thus before a child with a disability can be placed outside of the regular educational environment, the full range of supplementary aids and services that could be provided to facilitate the child’s placement in the regular classroom setting must be considered.

71 Federal Register 46588.

Nonacademic Settings and Services

34 C.F.R. §§300.114 through 300.118.

Each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the MAXIMUM extent appropriate to the needs of that child.

The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP team to be appropriate and necessary for the child to participate in nonacademic settings.

LRE

Because the starting point is ALWAYS regular education, any placement away from regular education must be justified.

Historically, placement refers to points along the continuum of placement options available for a child with a disability, and location as the physical surrounding, such as the classroom, in which a child with a disability receives special education and related services. 71 Federal Register 46588.

Regular Classes

Separate Classes

Separate Schools

Residential Settings

Hospital or Homeboun

d

LRE application to preschool

Preschool placements must comply with the IDEA's LRE mandate, just as for elementary and secondary students. 34 C.F.R. §300.116 (a)(2).

L.B. v. Nebo Sch. Dist., 41 IDELR 206 (10th Cir. 2004). Parents of a child with an autism spectrum disorder were entitled to reimbursement for the reasonable costs of ABA services and a supplementary aide, after the 10th Circuit Court of Appeals ruled that the district's proposed preschool setting wasn't the child's LRE. It determined the child benefited more from her parents' mainstream placement in a private preschool than she would have from the district's "hybrid" classroom.

Nebo and LRE Although the district considered a mainstream setting proposed

by the parents, it offered the child a placement in its preschool populated mainly by students with disabilities, combined with weekly ABA and speech and occupational therapy.

The parents declined the offer and kept their daughter in a mainstream private preschool where she was progressing successfully with the use of a supplementary aide and a more intensive at-home ABA program.

The 10th Circuit determined the district's placement violated the LRE requirement. The other children at its preschool functioned at a considerably lower level and the teacher was forced to adjust her teaching style accordingly. The mainstream school provided the child with more appropriate role models, had a more balanced gender ratio, and was generally better suited to meet her behavioral and social needs. The child's performance at her private preschool far exceeded the legal measure of an appropriate education.


R.H. v. Plano Indep. Sch. Dist., 54 IDELR 211 (5th Cir. 2010).

The fact that a district's preschool program included children with disabilities as well as typically developing children did not make it an inappropriate placement for a 4-year-old boy with autism and a speech and language impairment.

The 5th Circuit rejected the parents' claim that the IEP team did not consider any placements other than the inclusion program, which they characterized as a special education placement.


According to the evidence provided at the due process hearing, the IEP team decided against the private general education preschool program requested by the parents because it didn't believe the school could implement the child's IEP without the district's direct supervision.

As for the parents' claim that Daniel R.R. required the district to place the child in a general education setting, even if that required a private placement, the 5th Circuit noted: "Daniel R.R. does not consider or speak to the circumstances at issue here, where the public preschool curriculum does not include a purely mainstream class.” Thus, while Daniel R.R. precludes a child's removal from the general education setting unless he cannot be educated satisfactorily with the use of supplemental aids and services, it does not require a private placement when the district offers only an inclusion program.


Madison Metropolitan School District v. P.R., 51 IDELR 269 (W.D. Wis. 2009).

Failing to consider alternative placements for a 3-year-old boy with developmental delays proved to be a costly error. Noting that the child required interaction with non-disabled peers to receive FAPE, the District Court ordered a district to fund the child's part-time placement.

The district argued that it was not responsible for the child's preschool tuition, as the parents had enrolled the child in the private preschool before his IEP was developed. The court disagreed.


The child's IEP team determined that the child required a setting with typically developing peers in order to receive an educational benefit. Nonetheless, the team did not consider whether another preschool or community-based placement could meet the child's needs.

Instead, the court observed, the district played a "semantics game" by agreeing that the preschool placement was appropriate and then characterizing it as a unilateral placement for which it bore no responsibility. "The [IDEA] was not intended to reward such games.” Once the IEP team decided that a placement with typically developing peers was necessary, the court explained, the district had an obligation to provide that placement at no cost.

Preschool Placement

OSEP has observed that districts must fund private preschool placements if no appropriate public program is available. OSEP explained that districts have an obligation to provide FAPE to all children with disabilities between the ages of 3 and 5, unless state law provides otherwise.

"Because many local educational agencies (LEAs) do not offer preschool programs ..., LEAs often make FAPE available to a preschool child in a private school or facility," Acting Director William W. Knudsen wrote. If an LEA determines that a child must attend a private preschool to receive FAPE, the program must be provided at no cost to the parent. See 71 Federal Register 46540.

OSEP also noted that the LEA is responsible not only for tuition expenses, but also for transportation and any other related services a child might require to receive FAPE. Letter to Anonymous, 50 IDELR 229 (OSEP 2008).

Preschool Placement

Parents cannot be charged for any costs associated with providing preschoolers special education and related services stipulated in their IEPs/IFSPs.

The public agency is responsible for making an appropriate program available to a preschool child with a disability at no cost to parents. Letter to Neveldine, 22 IDELR 630 (OSEP 1995).

Annual requirement

s.

Stand alone goal page.

Add as needed.

New Form! To be used as needed.

IEP amendment

34 C.F.R. §300.324(a)

Changes to the IEP may be made by either the entire IEP team at an IEP team meeting, or by amending the IEP rather than redrafting the entire IEP.

In making changes to a child’s IEP AFTER the annual IEP for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP meeting for the purpose of making those changes, and instead may develop a WRITTEN document to amend or modify the current IEP.

Upon request, a parent MUST be provided with a revised copy of the IEP with the amendments incorporated.

Amendments cannot replace the annual IEP.

Reevaluation

34 C.F.R. §300.303

A public agency must ensure that a reevaluation of each child with a disability is conducted – If the public agency determines the educational or related

service needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

If the child’s parent or teacher requests a reevaluation.

Reevaluation

A reevaluation May not occur more than once a year, unless the parent

and the public agency agree otherwise; and Must occur at least once every 3 years, unless the parent

and the public agency agree that a reevaluation is unnecessary.

The opportunity for a parent and the public agency to agree that a reevaluation is unnecessary occurs before a reevaluation begins. 71 Federal Register 46641.

Reevaluation

Review existing data. §300.305

No additional data is needed.

Eval complete. Write report.

Additional data is necessary.

Plan eval. Obtain consent.

Conduct eval. Write report.

Agreement NOT to reevaluate.§300.303(b)(2)

Document in PWN. Process complete.

REEVALUATION FLOWCHART

Reevaluation Determination: 34 C.F.R. §300.305(a)(2)(i)(B)1. Does the child continue to be a child with

an IDEA disability?AND

2. Does the child continue to need special education and related services?

Tell the story of why evaluation makes sense.

No timeline exists for a

reevaluation.

Annual IEP team meetings

34 C.F.R. §300.321

The IEP team may need to include transition agencies as the student ages. Additional consent requirements apply to these students.

This date must

PRECEDE the IEP

mtg.

An annual requireme

nt.

Look for the preschool

version of this form

developed by the DDD.

Excusal of an IEP team member

It is a formal process pursuant to 34 C.F.R. §300.321(e).

This process applies only to MANDATORY IEP team members pursuant to 34 C.F.R. §300.321(a).

The is a required sequence! The form will guide you through it.

Mandatory IEP team

members

Written input may

be required PRIOR to the mtg.

This date should

precede the IEP

team mtg.

Discipline & manifestation determination

Discipline of a special education student may result in a change of placement. See 34 C.F.R. §300.536 for the change of placement definition. (It is complicated.)

Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the IEP team (as determined by the parent and the LEA) must review all relevant information in the student’s file and information provided by the parents to determine – If the conduct in question was caused by, or had a direct

and substantial relationship to, the child’s disability; or If the conduct in question was the direct result of the LEA’s

failure to implement the IEP.

The end of the story.

Evaluations

34 C.F.R. §300.305(e)

A public agency must evaluate a child with a disability before determining that the child is no longer a child with a disability.

EXCEPT, this requirement does not apply when terminating eligibility due to graduation from a secondary school with a regular diploma, or due to exceeding the age of eligibility under state law.

Transition to kindergarten

Pursuant to W.S. §21-2-701: "Preschool children with disabilities" means any children three (3) through five (5) years of age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, subject to rules and regulations of the state superintendent.”

Pursuant to W.S. §21-2-704: “Notwithstanding any other provisions of this act, any preschool children with disabilities who are five (5) years of age on or before September 15 and who are receiving services from a school district shall be the responsibility of that school district.“

Transfer IEPs within Wyoming

34 C.F.R. §300.324(e)

IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child's IEP from the previous public agency), until the new public agency either— (1) Adopts the child's IEP from the previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the

applicable requirements in §§ 300.320 through 300.324.

Strategies and challenges as identified by the participants:

Strategies: “Must do” Challenges

Complete and current PLAAFP Maintaining good communication with families, school and center.

Provide info to the district prior to the meeting.

School district becoming familiar (observations) with the students prior to transition meeting.

Parent involvement in transition meetings.

Agreeing on type and frequency of services for the student.

Obtaining consent to invite transition agency and obtaining release of information.

Districts tend to reevaluate our kids regardless of their current IEP or eligibility.

Prior Written Notice Districts only look at the paperwork and do not always look at the WHOLE child.

Notice of Team Meeting Preparing or families and children for the changes in environment, attitude, etc.


Strategies: “Must do.” ChallengesMake sure evaluations are current and complete

Being informed of requirements in different districts prior to transition meeting.

Make sure eligibility criteria are met, and it best describes the child’s needs/deficits.

Helping families understand their roles in the process.

Prepare parents and encourage transition.

Understanding the school district criteria to serve students.

Credible IEPs. (The whole process.) Bring the entire team together, especially in more rural areas.

Communication – an open dialogue between district, preschool and family.

Realistic expectations between the preschool classroom and the kindergarten class.

Educate parents in the special education process so they can be an advocate for the child.

Helping to extend or expand the school-home relationship when the child reaches kindergarten.


Strategies: “Must do.” Challenges

Meet with district and discuss incoming students.

Having IEPs accepted by the district. (We differ in developmental approach.)

Get IEPs to the school district. IEPs in preschool are developmental, IEPs in the district are educational.

Preparing parents. Parent involvement and commitment.

Notify the school district of the meeting in writing.

Getting the district to attend the transition meeting.

Provide a copy of eligibility, consent and current IEP and progress notes.

Getting teachers to come to the CDC to observe transferring students.

Provide current monitoring of goals. Prepare parents for transition and possible changes in service delivery.



Have a complete IEP with documents progress on goals.

Scheduling, available personnel.

Eligibility. Philosophical difference between district and preschool – especially related to eligibility and evaluations/tests.

Communicate how the child is currently functioning in the preschool classroom.

Parental understanding of the differences between preschool relationships and district relationships.

Communicate – hold a meeting. School doesn’t know the child.

Get parental consent to share information. Prepare parents.

Agreement in eligibility and services.

Invite school district to observe. Communication. The number of students is high.



Hold a transition meeting. Different interpretation of the IEP or services at preschool and district.

Prepare the family for the transition well in advance.

Different models of service delivery (inclusion vs. pull out).

Provide appropriate information to the district.

Change in focus from play-based intervention to academic intervention.

Have a complete PLAAFP The differences in the evaluation process.

Inform parents of different district classroom placement options.

Stress importance of child observation (or file review) before school district IEP.

CDC staff to support parent at school district IEP meeting.

Differences in goal writing.



Meaningful participation by the receiving school district.

Transitional IEPs conducted in the fall may not reflect the child’s functioning the following year.

Transfer records. Keeping track of when three year reevals are due.

Transition planning with parent. Opportunity to observe program.

Helping families understand the difference between k-12 and preschool.

Consent to invite the district. Differences in interpretations of eligibility.

Write IEP with Stranger Test in mind. Differences in settings, service location.

Help parents through the transition process.

Funding. Time constraints.

Revocation of consent

34 C.F.R. §300.300(b)(4)

If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency – May not continue to provide special education and related

services, but must provide prior written notice before ceasing the special education and related services;

May not use the dispute resolution procedures in order to obtain an agreement or ruling for the further provision of special education services and related services; and

Is not required to convene an IEP team meeting or develop an IEP for the further provision of special education or related services.

There is a sequence. The form will guide you through it.

ANY

WRITING

WILL DO.

This date first.

This date next.This date last.

The end . . .

Questions?

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