KEEPING COMPLIANT

1. Delivery of Services CHILDREN IEPT Resolution Due Process MARSE COMPLIANCE IDEA DOCUMENTATION KEEPING COMPLIANT

2. Who needs to KNOW? You Let’s talk about special education policies and procedures Service Providers Central Office Parents Principals Written Procedures SIP w/SPED Components Documentation

3. The Complaint Process • State Complaints • Filed with State and investigated by State and RESA within 60 school days. • Interviews: Complainant, District staff and administration • Collect documentation • Report determines violations or compliance • Corrective action determined if violations occur (by MDE) • Parties may appeal if they disagree with findings and have NEW INFORMATION to present • Due Process Hearing Requests • Filed with State: RESA not involved. • Assigned to Hearing Officer (H.O.) or Administrative Law Judge (ALJ). • Conference calls with ALJ, District Rep and District Attorney, complainant (and their attorney if represented). • Resolution meeting required unless both parties waive. • Schedule: Evidence, Witness List, Hearing Dates. • Big Costs to District: Portion of ALJ, Court Reporter, Transcripts, District Attorney, possibly complainant attorney. • ALJ makes determination that is final unless parties appeal.

4. The Investigation… Connecting with the District

5. The Allegation Complainant states that the district failed to review and revise the IEP when the student continuously failed classes and lacked progress towards annual IEP goals & objectives. Complainant states that the district failed to provide resource program services as written in the IEP. CASE: 1

6. The Investigation • Resource Program Teacher stated… • Academic support was provided two hours per day. • Support was provided in the resource program and general education setting. • Student did not show up for services during scheduled support times. • Student refused to complete daily assignments. • Student was absent often. • A written IEP request was never received. • Additional time on tests and daily assignments were provided to the student. • Consultation with general education teachers indicated that he was failing all classes. • No copies of service logs were kept. • Progress reports were completed and sent home via the student during report card period. • Additional support time and interventions were not offered. • The student’s IEP is current and not due for three months.

7. The Investigation • General Education Teachers stated… • Student was not completing classroom assignments on time and at times not at all. • Resource Program Teacher provided push-in support and provided additional time on tests and assignments in the resource program. • The resource program teacher did not call for the student for support, but a support schedule was in place. • Student had many unexcused absences. • Unaware of a written request for a new IEP. • Parent was notified of failing grades, but did not participate in any scheduled conferences. • Student continues to fail his classes.

8. Documentation Collected • WHAT THE DOCUMENTS REVEALED • Convened 9 months prior • Failing all classes • Moderate progress towards objectives • 17 absences and tardy 7 times • Failed all first quarter classes DOCUMENTS Most Current IEP General education progress reports IEP progress reports Attendance records Report cards No service logs available No documentation of accommodations provided

9. R 340.1722a Implementation of individualized education program. • Key Points: Provide programs and services in accordance with the IEP 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service Timelines How service is written Responsible to implement Documentation

10. Parent Participation • Key Points: Behavior Special Factors Participation of General Ed. Teacher Supplementary Aids and Services, Accommodations Reconvene or Amend Lack of Progress in GE Curriculum and IEP Goals/Objectives If any changes are made § 300.324 Development, review, and revision of IEP.

11. Noncompliance! Lack of Progress Lack of Documentation of Services Lack of Service Provided

12. Objectives Services Log Select Provider Select Objectives PRINT FORM!

13. The Allegation CASE: 2 Complainant states the district failed to provide Resource Program service of 10 hours per week and the Related Service of School Social Work for 3 to 5 times per month as written in the IEP

14. The Investigation • Resource Program Teacher states… • Student has an attendance issue. • When the student is present in school, a minimum of two hours per week is provided to address the deficit area of need. • When student returns to school after a period of being absent, make-up work is provided. • Calls are made to the home to check-in on the student. • Support was delivered within the general and special education settings. • Direct Instruction was provided to the student to develop reading skills per IEP goals & objectives • A communication log and service logs were kept. • Parent participated in PT conferences where information was shared and copies of progress reports were given.

15. The Investigation • School Social Worker states… • Student was seen during the times stated on the IEP. • Copies of service logs are kept in the student’s educational file. • Student states that he has difficulties sleeping at night, so he sleeps in the next day. • Discussed sleeping patterns and possible root causes with the student. • Communicated the concerns with parent and parent indicated that she would address the problem. • Student indicated that study habits are poor and he does not focus because he’s tried. • Progress reports were kept and copies were provided to the parent and resource program teacher.

16. Documentation Collected • Convened 6 months prior • Not making progress in 3 out of 6 classes • Moderate progress towards IEP objectives • 27 absences and tardy 17 times • Failed 3 first quarter classes • Service provided weekly as stated in the IEP • Extended time on assignments and test; additional make-up support given. Most Current IEP General Education Progress Reports IEP progress Reports Attendance Reports Report Cards Service Logs Documentation of Accommodations Provided

17. R 340.1722a Implementation of individualized education program. • Key Points: Provide programs and services in accordance with the IEP 7 days - Offer Notice of FAPE 15 days – District must initiate IEP 10 days – Time parent has to accept initial provision of service Timelines How service is written Responsible to implement Documentation

18. Compliance! Documentation of Services

19. The Allegation CASE: 3 Complainant states the district failed to convene a MDR to determine if the behaviors were due to the disability and did not hold an IEP to determine the appropriate services for the student once removed from school; all the student received was homework.

20. The Investigation • The Principal states… • The student was removed from school for pulling the fire alarm. • The student was removed for a total of five days. • The student was given a homework packet with access to the resource program teacher. (Via scheduled telephone calls). • The parent was provided with a schedule for resource program support via the telephone. • The parent was provided with a suspension letter that indicated number of days removed and return day. • Parent did not attend re-entry meeting as scheduled. • The student did not return to school until required re-entry meeting was held three days after the date indicated on the suspension notice.

21. The Investigation • The Resource Program Teacher states… • The student was removed from school for pulling the fire alarm. • The student was removed for a total of five days. • The student was given a homework packet with access to her. (Via scheduled telephone calls). • The student and/or parent did not take advantage of the conference call option. • Once the student returned to school, the assigned homework packet was not submitted and when asked about the assignments, the student stated that he did not attempt to complete them. • The parent stated that she was going to find a new school for the student because he was not being treated fairly. • Prior to this suspension, the student had been removed for a total of 8 days for unrelated offenses. • A MDR had not been convened due to the incidences not being related to one another and not related to the disability; however, this was not discussed with anyone else and is only my opinion why an MDR was not scheduled. • A re-entry meeting was required with parent. • Parent was unable to attend until three days later; student returned at that time. • No additional make-up work was provided when student returned.

22. Documentation Collected • Convened 3 months prior • Not making progress • Limited progress towards IEP objectives • 26 Total absences • Removed from school four times for a total of 13 days for a variety of offenses. • Re-entry meeting required for student’s return • Failed 2 first quarter classes • Service provided weekly as stated in the IEP • Extended time on assignments and test Most Current IEP General Education Progress Reports IEP progress Reports Attendance Reports Suspension Record Principal’s Suspension Notice No additional documentation regarding removals Report Cards Service Logs Documentation of Accommodations Provided

23. § 300.530 Authority of school personnel. Must provide services after 10 days of removal in year. • Keep Points: • § 300.536 Change of Placement: • (Determined on case-by-case basis) • Removal more than 10 consecutive school days • OR • Series of removals that constitute a pattern (All 3 criteria below must be met) : • Totals more than 10 school days in a school year. • Behavior is substantially similar to behavior in previous incidents. • Additional factors considered: 1)Length of each removal, 2)total amount of time removed, 3)proximity of removals to one another. No change of placement: School personnel and teacher determine services Change of placement: IEP team determines services MDR: Held with parent and relevant team members within 10 days of decision to change placement Give Parent Notification on the date the decision is made for removal that constitutes change of placement

24. Supporting Rules and Guidance Documents… • § 300.503 Prior notice by the public agency; content of notice. • § 300.504 Procedural safeguards notice. • § 300.531 Determination of setting. • MDE Discipline Procedures (January 2011) • WRESA Discipline Procedures for Students with Disabilities

25. MDE will look for… • MDE Discipline Procedures – January 2011 • Pattern of Removals • Written Procedures – Specify who constitutes the team to make the decision for the determination of a “pattern of removals” so staff are informed and make decisions based on same criteria, and if challenged, could support the decision-making process. • Documentation of Pattern – Be prepared to provide evidence of decision-making process when determining whether there was a pattern of removals. • (Use RESA’s Discipline documents to be compliant)

26. Noncompliance! Lack of Written Procedures for Determining Pattern of Removals Lack of Evidence of Consideration of Pattern

27. Discipline Tracking Record

28. Discipline Services Record

29. Discipline Services Log

30. Notice of Change of Placement

31. MDR Form

32. Understanding what’s getting Districts in TROUBLE… • Lack of: • Documentation • Written Procedures • Implementation of written procedures Service Logs Parent Contacts Delivery of Services

33. FYI… • IEP timelines • IEE • Evaluation Procedures Eligibility

34. Teach your special education providers routines to preserve • Checking In: You must create and maintain a system of monitoring your student’s progress • Updating Stakeholders: Parents, Students, and School Staff • Filing System that You and Others Can Understand and Locate: Maintaining accurate records will support you with justifying the need to maintain or eliminate a service and have evidence of service implementation.