Slide 1

Slide 2 Wyoming Department of Education Special Programs Division Present Levels of Academic Achievement and Functional Performance and Annual Measurable Goals December 2010 Slide 3 Free and Appropriate Public Education (FAPE) Evaluation What are the needs as determined from the Multidisciplinary Team evaluation reports? IEP Needs What are the students needs according to the IEP Team? These should include all of the needs as determined through the evaluation process. IEP Goals Does the IEP contain specific, measurable annual goals that address all of the students areas of need? They should be ambitious yet reasonable. Services Is the student receiving adequate special education, related services, and supplementary aids and services to enable the student to meet his or her annual goals? Educational Benefit Could include: measurable progress on IEP goals, attainment of goals, proficiency on assessments, passing grades, increases in diagnostic test scores, etc. December 1, 2010 2 Slide 4 The Pertinent Federal Regulations 34 C.F.R. 300.320(a)(1): IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with 300.320 through 300.324, and that must include- December 1, 20103 Slide 5 (1) A statement of the childs present levels of academic achievement and functional performance, including (i) how the childs disability affects the childs involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or (ii) for preschool children, as appropriate, how the disability affects the childs participation in appropriate activities; December 1, 20104 Slide 6 34 C.F.R. 300.324(a): In developing each childs IEP, the IEP team must consider (i) The strengths of the child; (ii)The concerns of the parents for enhancing the education of their child; (iii) The results of the initial or most recent evaluation of the child; and (iv) The academic, developmental and functional needs of the child. December 1, 20105 Slide 7 What is academic achievement? Academic achievement generally refers to a childs performance in academic areas (e.g., reading or language arts, math, science, and history). 71 Federal Register 46662. December 1, 20106 Slide 8 What does functional mean? Functional is a term that is generally understood to refer to skills or activities that are not considered academic or related to a childs academic achievement. Instead, functional is often used in the context of routine activities in everyday life. See 71 Federal Register 46614. December 1, 20107 Slide 9 The PLAAFP section of the WDE IEP model form December 1, 20108 Slide 10 Sources of Information for Present Levels Progress monitoring (Curriculum Based Measures) Classroom performance District and statewide assessments Tests and observations done during the childs evaluation for eligibility Evaluations conducted during the year including any independent evaluations Teacher input on day-to-day school routine Information from parents Other December 1, 20109 Slide 11 Practice Tip Present levels of performance should describe the child with specificity across environments and up to the moment. It should be a culmination of past and current performance. December 1, 201010 Slide 12 Quality PLAAFPs: Are specific and individualized. Address all relevant domains: Academic Social emotional (including behavior) Communication Recreation and leisure (extracurricular) Health/Physical/Medical (including hearing and vision information) Assistive Technology (use and potential need) Post-secondary transition (Jobs and job training, post- secondary education, community participation, home/independent living. Include statements that are supported with data from one of the previously mentioned sources. December 1, 201011 Slide 13 Problematic PLAAFPs: Include subjective comments without a clear description or supporting data. List test scores with no context or relevant information included. Fail to consider all relevant educational domains. Contain generic cookie-cutter language, failing to individualize. Fail to consider performance across settings. December 1, 201012 Slide 14 What About Special Factors? See 34 C.F.R. 300.324(a)(2) Another area in the IEP which documents specific areas of student need. Behavior Limited English Proficiency Blind or Visually Impaired Communication Assistive Technology If there are student needs in these areas, they will need to be addressed in the IEP. The Special Factors section should accurately represent the needs of the individual child and is a source of meaningful information for the PLAAFP. December 1, 201013 Slide 15 December 1, 2010 14 Slide 16 Free and Appropriate Public Education (FAPE) Evaluation What are the needs as determined from the Multidisciplinary Team evaluation reports? IEP Needs What are the students needs according to the IEP Team? These should include all of the needs as determined through the evaluation process. IEP Goals Does the IEP contain specific, measurable annual goals that address all of the students areas of need? They should be ambitious yet reasonable. Services Is the student receiving adequate special education, related services, and supplementary aids and services to enable the student to meet his or her annual goals? Educational Benefit Could include: measurable progress on IEP goals, attainment of goals, proficiency on assessments, passing grades, increases in diagnostic test scores, etc. December 1, 2010 15 Slide 17 The Pertinent Federal Regulations 34 C.F.R. 300.320 (a)(2) (a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with 300.320 through 300.324 that must include (2)(i) A statement of measurable annual goals, including academic and functional goals designed to- (A) Meet the childs needs that result from the childs disability to enable the child to be involved in and make progress in the general education and curriculum; and (B) Meet each of the childs other education needs that result from the childs disability December 1, 201016 Slide 18 Identifying Goal Areas Goals are crafted in response to identified areas of need/skill deficits as documented in the present levels. In most cases every identified need/skill deficit will be addressed through a goal. December 1, 201017 Slide 19 What does measurable mean? The regulations are clear on the requirements for IEP goals. IEP goals must be measurable and designed to meet the childs needs that result from the childs disability to enable the child to be involved in and make progress in the general education curriculum, and to meet each of the childs other educational needs that result from the childs disability. 71 Federal Register 46664. December 1, 201018 Slide 20 Slide 21 Quality Goals: Sufficiently use objective criteria for measuring progress. Need to be specific. Must consider the unique needs of the child. Include baseline, target and method of measurement. December 1, 201020 Slide 22 Problematic Goals: Are lacking one or more components to ensure measurability. Are broad or vague to permit clear measurement of the students progress. Do not consider the unique needs of the child. Ignore relevant areas of the PLAAFP. Describe expectations for all students in the class, not targeting the specific needs of the child (Johnny will pass all core classes with 70% or better). December 1, 201021 Slide 23 Amending of Goals Goals in their very nature are fluid. As students progress or show a lack of progress on goals, these goals need to be amended, when appropriate between annual IEPs. December 1, 201022 Slide 24 Practice Tip: The statement of present levels and annual goals should pass the Stranger Test. Can the unfamiliar reader understand the students current skill level, the skill to be attained in the annual goal, and how progress will be measured? December 1, 201023 Slide 25 Case Law The following slides are case law that support the topic we have discussed today and provide additional evidence of the necessity for accurate and clear PLAAFPs and measurable goals. December 1, 201024 Slide 26 Case Law Evans v. Board of Education of the Rhinebeck Central School District, 24 IDELR 338 (S.D.N.Y. 1996). December 1, 201025 Slide 27 Case Law Kuszewski v. Chippewa Valley Schs., 34 IDELR 59 (E.D. Mich. 2001), aff'd, 38 IDELR 63 (6 th Cir. 2003). December 1, 201026 Slide 28 Case Law Independent Sch. Dist. No. 701 v. J.T., 45 IDELR 92 (D. Minn. 2006). December 1, 201027 Slide 29 Case Law Friedman v. Vance, 24 IDELR 654 (D. Md. 1996). December 1, 201028 Slide 30 Case Law E.S. v. Katonah-Lewisboro Sch. Dist., 55 IDELR 130 (S.D.N.Y. 2010), citing D.D. v. New York City Bd. of Educ., 46 IDELR 181 (2 nd Cir. 2006). December 1, 201029 Slide 31 In Summary: A quality, legally compliant IEP starts with descriptive present levels of academic achievement and functional performance. The present levels statement connects to crafting measurable annual goals. In order to be measurable, an annual goal should contain the students current skill level (baseline), the skill level to be attained (target), and how the progress will be measured (method of measurement). IEPs that do not contain these elements or are not measurable may result in a denial of FAPE. December 1, 201030 Slide 32 Q & A Session December 1, 201031