IEP Development and Concerns

• Rehabilitation Act of 1973• Developmental Disabilities and Bill of

Rights Act of 1975• Education for All Handicapped Children Act

of 1975 (P.L. 94-142)• American with Disabilities Act of 1990• No Child Left Behind Act of 2001 (P.L. 107-

110)• IDEA of 2004, P.L. 108-446

Federal Statutes

• BROWN v. BOARD OF EDUCATION OF TOPEKA, KANSAS (1954)-The court upheld the plaintiffs’ argument that the compulsory education provided in a segregated manner was too restrictive and was a denial of opportunity and equality. (LRE)

• PARC v. Commonwealth of PA (1972)• GASKIN v. PENNSYLVANIA DEPARTMENT OF EDUCATION

(2004)– A class action suit that asserts violations of federal statutes protecting the rights of children with disabilities. A settlement agreement was reached with the following provisions; Formation of an advisory panel to monitor, new IEP format, changes in PDE’s compliance monitoring, complaint resolution, plan approval, training and technical assistance, and advocacy.

Court Cases

10 Most Common IEP Mistakes:1. The IEP team membership is incorrect or incomplete.2. The IEP lacks adequate parental input or consent.3. Key IEP components are missing.4. The IEP goals are incomplete, inadequate, or not

measurable.5. The IEP’s transition component is lacking or deficient.6. The IEP fails to adequately address the students least

restrictive environment.7. The IEP placement offer and services are inadequate8. The school district fails to provide or fully implement the

services under an existing IEP.9. The IEP is not developed or revised in a timely manner.10. The IEP fails to include positive behavioral interventions.

Purposes of the IEP

• Communication• Management• Accountability• Compliance and Monitoring• Evaluation

Meeting purpose – initial IEP, revise IEP, other (specify)

Transition – invite student if transition planning is being done or if over age 14

Invitation

Meeting type – IEP or other (specify)

Details – date, time, place, who to contact if not convenient

Who will attend – both parties must agree, LEA indicates who will attend and who is excused (area not being discussed, submit information in writing, etc.)

Invitation

disagrees and will attend – required team members must attend

agrees and will attend – no changes required!

Invitation

will not attend – may proceed with meeting

needs time/date change – contact parent to reschedule

accommodations – contact parent, make changes (phone/video conference, etc.)

IEP Implementation date – no later than 10 school days after IEP mtg

IEP Duration date – not more than 1 year from MEETING date.

Cover Page

IEP meeting date – date mtg held

Demographics– other info can include languages spoken, medical info, etc.

Revisions– mutually agreed upon changes without a meeting; signatures not required 34 CFR §300.324(4)

Cover Page

Required Team Members-Parent(s), Special Ed Tchr, LEA RepRegular Ed Tchr (if participates in reg ed environment) 34 CFR§ 300.321

Signature Page

Signature – indicates attendance, not agreement; only those who participate in the meeting sign

Procedural Safeguards – documentation that parents received notice and are aware of whom to contact for more information 34 CFR §300.503, §300.504

Excused team members –Excusal agreed upon in the invitationSubmits info in writingDoes NOT sign IEP

Signature Page

Special ConsiderationsBlind/Visually Impaired – Braille or why not

Deaf/Hearing Impaired – communication needs

Communication – receptive and expressive skills

Assistive technology - Any items used to improve functionality of child, can be high/low tech, also includes services to directly assist obtaining/using devices

34 CFR §§300.5-300.6

LEP – are delays caused by acquisition of second language or a disability? 34 CFR §300.27

Behaviors – consider and include strategies, supports, behavior interventions, to address the behavior(s)

Present Levels – clear, concrete, snapshot of student’s performance in current placement; progress toward goals from previous IEP; baseline data

34 CFR §300.320(1)

Present Education Levels

Academic– how student is performing in general ed curriculum (reading, writing, math)

Functional – activities of daily living, social skills, behavior, etc.

How Disability Affects Involvement – how student interacts with gen ed curriculum, progress made; support the continuation, elimination, or need for services included in the IEP

Present Education Levels

Parental Concerns for enhancing the education of the student– how the parents describe their requests for goals or specially designed instruction to be added to the IEP.

Strengths– list the student’s individual strengths, both academic and functional the assist in guiding the IEP team in building on those strengths.

Academic, developmental, and functional needs related to student’s disability– list the student’s specific needs that will be addressed within the IEP either in the transition, assessment, goal or specially designed instruction areas.

Transition Services – step by step plan that leads the student from high school to their post-school outcomes; guide the IEP and the student’s remaining school years; Required for students age 16 and up; desired outcomes are identified by student, parent, and IEP team 34 CFR §300.43

Transition Services

Transition Services

Postsecondary Education/Training – ex. 2/4 yr college w/support, technical/trade school, etc.

Employment – ex. competitive/supported

Independent Living – including recreation/ leisure, residential, community participation areas. ex. living in community with long term support

Transition ServicesActivity/Service – specific actions that will be taken during the course of the IEP, includes courses being taken that will lead to the outcome

Location – where action will take place

Frequency – how often activity/service will occur

Transition ServicesAgency Responsible – person’s title or agency that will ensure each activity/service is completed

IEP Goal – will the activity be addressed by a measurable annual goal, is instruction needed to address a skill deficit?

Dates – beginning and ending

Assessments - All children must participate in assessments; documentation of participation must be in IEP; team must determine if accommodations should be made, if so they must be listed in IEP (www.pde.state.pa.us); if student cannot participate in PSSA with accommodations must indicate reason and alternate assessment

34 CFR §300.320(6)

Participation in Assessments

PASA – Alternative assessment for students who are in need of an alternative curriculum.

Participation in Assessments

Local Assessment – Any standardized assessment given at the district level to all students.

Annual Goal – statement in measurable terms that describe reasonable expectations that can be accomplished in a 12 month period 34 CFR §300.320(2)

Parts of an annual goal – condition, student’s name, behavior, criteria

Relationship - Must be direct between goals and Present Education Levels

Goals and Objectives

Measurable Goals Include - the condition under which the behavior is to be performed, student’s name, clearly defined behavior, and the performance criteria desired

Goals and Objectives

Goals and Objectives

Ex. Given paper/pencil probes or examples on an analog clock,

Jon

will correctly tell time to 5 minute increments

with 90% accuracy weekly for 3 consecutive weeks.

Condition

Name

Behavior

Performance Criteria

Ex. Given paper/pencil probes or examples on an analog clock, Jon will correctly tell time to 5 minute increments with 90% accuracy weekly for 3 consecutive weeks.

Goals and Objectives

When Progress Reported – must be done in concurrence with report cards, and as often as the team indicates beyond that. Can be addenda to report cards, copy of goal pages, etc.

34 CFR §300.320(3)

Report – only section that should be blank on a completed IEP, can be used to document / report progress to parents

How Progress Measured – formal or informal assessment tools (ex. rubrics, self-monitoring, teacher-made tests)

Short term objectives – only required for students who take alternate assessments aligned to alternate standards (PASA)

Goals and Objectives

Short term objectives – A plan for reaching annual goals and measuring progress toward them. Usually written the same way as annual goals, however, with a smaller expected time frame (3-4 months vs. 1 yr). They are the anticipated steps needed to get the student to the annual goal.

Program Modifications and SDI – Adaptations to the content, methodology, or delivery of instruction necessary to address the unique needs of the student so that he/she can access the general education curriculum and meet the educational standards 34 CFR §300.320(4)

Ex. – self monitoring checklist, adapted science materials, sensory integration techniques, direct instruction reading program, etc.

Specially Designed Instruction

Related Services – any developmental, corrective, or other supportive service needed to assist a child with a disability to benefit from special education. Includes Supplementary aides/services – supports provided to enable children with disabilities to be educated with non-disabled peers

34 CFR §§300.34, 300.42

Ex. – transportation, speech/language, OT, PT, assistive technology aides/services, social work, job coaching, school health services, recreation

Specially Designed Instruction

Supports for School Personnel – Assistance for those implementing the IEP so that they are able to provide FAPE

Ex. – aids, resource materials, training, equipment

Specially Designed Instruction

Location – Be specific: general education classroom, special education classroom, cafeteria, etc.

Frequency – how often

Specially Designed Instruction

Dates – beginning / ending – can no longer leave blank

Extended School Year Eligibility – 7 factors to consider: Regression; Recoupment; Unlikely to maintain skills due to regression/ recoupment; extent of skill mastery; level of self-sufficiency/ independence; interruptions from learning result in withdrawal from learning process; severity of disability 34 CFR §300.106

Also consider reliable sources of information regarding needs, propensity to progress, recoupment potential, year-to-year progress

Extended School Year

ESY Description – when the team determines a student will receive ESY they must indicate the type and amount of service, dates, frequency, and location.

Extended School Year

Dates – beginning/ ending

Frequency – how often

Extended School Year

Location – Neighborhood school? If not, why? 34 CFR §300.116

Participate in Regular Ed Class – concerns the setting where the student is educated (with non-disabled peers to the maximum extent appropriate) 34 CFR §§300.114 , 300.120, 300.116(e)

Participate in Regular Ed Curriculum – concerns what the student learns (gen ed curriculum to maximum extend appropriate)

Educational Placement

Type of special education supports– designates the type of support as described on the NOREP

Educational PlacementAmount of Special education Support – designates the amount of time student spends in the special education classroom as opposed to the regular education classroom

Location of student’s program– designates the school district, building. Required to explain why it is not their neighborhood school if that is the placement

Educational Placement

Total # hrs child spends in the reg. classroom per day

Penn Data

Total # hrs in a typical school

day

Calculate by dividing # hrs in reg. classroom by # hrs in school day multiply by 100

Percentage – Hrs inside of Reg ed classroom

LRE Category

For Children being educated outside regular school buildings – fill in this section, not previous (part A)

Penn Data