IEP Compliance

1. IEP Compliance Presenter: Chrissy Dement Fall 2009

2. Why am I here? • Review, help, and remind teachers on: • How to develop an IEP that is in compliance • Special Education rules, terminology, and purpose • How to access available resources on developing IEPs • Support for teachers and ISCs regarding IEP Compliance • Determine areas of needs, issues, and concerns from a teacher level

3. Standards for Special Education • IDEA 2004 • State Special Education Rules 2007 • 160-4-7 • 21 sections total for special education • IEP section 160-4-7-.06 • Special Education Website • State IEP implementation manual

4. What is the law that was passed for students with disabilities? When was it reauthorized? When were our state rules released with the reauthorization? How many sections are in the special ed section? • What resources are currently available for you on IEP compliance? Where can you access these? • What is the purpose of special education? • How is special education defined in the law and what does it really mean? • Describe the purpose and importance of the IEP. • Why are FAPE and LRE important in special education? • List the components of an IEP. • Describe the three main areas of on IEP that should connect and flow together? • How do you develop an appropriate present levels? • How do you develop appropriate goals? • How do you develop appropriate services? • How do you know whether to check yes or no on special factors questions and what comments do you include? • Why are regular education teachers important in development of an IEP? • Describe all the different services and supports on an IEP. • How should an appropriate IEP be developed? Essential Questions

5. Purpose of Special Education? • What are special education rules designed to do? • SWD receive FAPE through:

6. What are special education services? • Specially designed instruction • Instruction that can take place: • In class, home, hospitals and institutions, and in other settings • in physical education, speech, travel training, and vocational training • What is specially designed instruction? • Individualization of instruction • Adapting the content, methodology, or delivery of instruction • Why? To address unique needs of student and access to the general curriculum • What is our specially designed instruction? • Our special ed services and supports

7. Importance of IEP • A written statement for a child with a disability that is developed, reviewed, and revised in accordance with IDEA 2004. • The IEP serves as the framework for determining what is meant by the term “free, appropriate public education” (FAPE) in the least restrictive environment (LRE) that is so frequently referred to in IDEA. • IEPs must be developed and reviewed annually and must be in effect at the beginning of each school year.

8. FAPE • FAPE • Free appropriate public education • Conformity with the IEP • Meet IDEA 2004 • Progress – • Must be appropriate to make educational progress • Not a guarantee of achievement of: • IEP goals • Promotion, passing grades, or graduation • Appropriate does not mean the best • appropriate is the minimal standard needed for the student to make educational progress • Who is entitled to FAPE?

9. LRE • Least Restrictive Environment • State rules state: • Special classes, separate schooling or other removal of SWD from the regular class environment shall occur only: • when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily • Nationwide LRE goal • How does LRE affect our school? • Test data results

10. Components of the IEP 1. Present levels of Academic Achievement and Functional Performance – PLP - Transition plan 2. Special Factors - BIP, DOR, ESY, etc. 3. Goals and Objectives 4. Services and Supports - Statewide Testing Accommodations 5. Placement Considerations 6. Parent Contacts 7. Participants

11. *Main 3 areas that connect in an IEP*

12. Standards Based IEPs • Based on standards • Not restating the standard • Where is the student in relation to the standard • Address needs – specific skills related to the standard • Separate class (resource) • teaching the standards unless it is a support class and not in place of the regular class • Co-teach, collab, supported instruction • must know the student’s goals and accommodations and using this time to help the student in progressing towards their goals, implementing accommodations, supplementary aids and services

13. Areas of Clarification • Present levels • what to write • can it be bullets, etc • Goals • annual – for one year not short term objectives, can have objectives if needed • Special Factors • Comments for questions marked “yes” • AT and ESY clarifications • Services and Support • Instructional Accommodations vs Supplementary Aids and Services • Classroom testing accommodations and instructional accommodations

14. “The Big Picture” • Point of IEPs - Using the IEP to really address the student’s needs and academic achievement towards standards and not just paperwork that has to be completed • Rules - Understanding the reasons and rules behind special education and IEPs • Connections - Making the appropriate connections between the present levels, goals, and services. • Goals and Services - Justification for your goals and services and supports (accommodations) • Present Levels - Writing appropriate present levels to drive the remainder of the IEP • Specific areas - Writing appropriate statements in needed areas such as special factors page i.e. AT, ESY, options page, etc

15. What should the IEP team do? • What is in the IEP? • Who should write and be involved in the IEP? • Where do you obtain necessary information for the IEP? • How do teachers make changes/Addendums to IEPs and who can make the decision to make a change?

16. Where to start in the IEP meeting • Present Levels • specifically testing data and results • informal, formal, and standardized testing • Review the data and results • Review data from last IEP’s goals • do the goals need to continue but with new mastery level, has the goal been achieved, are there new needs and new goals, etc. • Use the data and results (includes classroom/teacher input/data) • in preparing the remainder of the present levels • Regular Education Teacher is important • student’s regular education teacher’s input on all parts of the IEP • Specifically on present levels to help determine needs, skill deficits in relation to standards, etc

17. IEP Cover Sheet • Provided as a summary sheet for teachers, administrators, central office, state reporting purposes, etc. • Verify student and school information • Verify eligibility information and dates • Includes a summary of: • Student’s information • Disability area and due dates • Services and supports to be provided to the student (from the services page and questions)

18. 1. Present Levels Rule -Statement of the student’s present levels of academic achievement and functional performance including how the disability affects the child’s involvement and progress in the general education curriculum Purpose of Present Levels: • Establish current levels, current needs, and impact of the disability • The current needs drive the goals and services • PLP should serve as the baselines against which progress can be measured To develop Present Levels - Review student’s progress and data from: • previous goals and objectives • from assessments • from the classroom Consider parent input and concerns ***IEPs, specifically PLPs, are often vague, unfocused, not individualized, and inconsistent

19. Parts of Present Levels • Test results – are the current test results entered – • CRCT/ITBS/GAA/EOCT/GHSGT scores • what were the scores, did they pass, strengths and weaknesses per the subsets of the test • Not just a list of tests and score results. This area can be descriptive if needed. • Part A – Transition Plan • Part B – Description of academic, developmental and/or functional strengths • Part C -Description of academic, developmental, or functional needs • The needs described here are based on deficits the child has as a result their disability • Needs should be specific and based on data from : • previous goals and objectives, assessments, and the classroom • Each need mentioned here must have a corresponding goal • Part D - Parent concerns • Are parent concerns listed and addressed • Part E - Impact of the disability on involvement and progress in the general education curriculum • This section should list specific characteristics of the disability and impact on the curriculum • This section should describe how the student’s disability affects their ability: • to progress towards grade level standards • to be involved in grade level standards

20. Main Points on Present Levels • Present Levels • Test Results • Remember not to just list scores • Describe how the student did in these test areas so that the parent and anyone else reading the IEP could understand the information. • Include subsets weaknesses and strength areas • Test results should be used in needs section as well. If student did not pass math CRCT then the specific weakness of the test should be addressed as needs • Part A – Transition Plan • training through transition coordinator • Complete at end of 8th grade or before student turns 16 whichever comes first • Part B – Description of Strengths • Include the student’s strengths

21. Present Levels continued…. • Part C – description of needs • Should be concise and specific • Use last IEP’s goals and objectives – data from notebooks • Establishes current levels or baseline data to develop goals • Every need requires a goal • Find the medium between writing too much and not enough • If bullet you must include more information than just reading comprehension – give specifics about the needs in reading comprehension – enough so that a goal can be written • What are the student’s academic needs in relation to the standards – think about what specific skills or pre-requisites are needed towards the standard the student is struggling with and address in present level to build for a goal • Knowing adding, subtracting, multiplication, division, or integers is necessary to be able to solve equations – specific skill related to a standard

22. Present levels continued…. • Part D – Parent concerns • Include all parent concerns and how they were addressed by the IEP committee • Must include input even if parent didn’t attend the meeting • If you don’t have any input, contact parent to gather their concerns and address per the IEP team • Part E - Impact of the disability • This is not the section that needs should be established to match goals • Impact of the disability is described here and as a result needs are established and discussed in part C. • Student’s disability should adversely affect the student’s educational performance to the degree that the student requires specialized instruction – this should be evident here

23. If you have a disability, do you automatically need and receive special education and an IEP? • No • Eligibility for special education in most areas states that • the student’s disability adversely affects the student’s educational performance to the degree that the student requires specialized instruction (160-4-7)

24. Why are regular education teachers and their input important in developing IEPs? • GPS • Different domains • Specific skills needed • Direct knowledge

25. 2. Consideration of Special Factors • Rule: In developing each child’s IEP, the IEP Team must consider special factors. The IEP team must….consider behavior, language, vision, communication, AT, ESY, and alternative format for instructional materials • Purpose: to provide FAPE • How to Develop: Consider each special factor for the student. If needs are determined in any of these areas, the IEP must include a description of the supports and/or services that will be provided to the child. See next slide for specifics on each area. • State Rules 160-4-7-.06-7 and .02-4 to .02-7

26. Special Factors • Comment required - You must include a comment for questions below if marked yes • B – limited English – check yes only if served ESOL too – indicate this in comments section • C – Blind/visual impaired • D - communication • E – deaf/hard of hearing • K - AT – must include comment if yes or no and must complete AT consideration form Write in comments section the following statement: “For questions (list the letter of the questions marked yes), needs have been addressed through the present levels, goals, and/or services refer to these pages” Example – For questions D and K, needs have been addressed through the present levels, goals, and/or services – refer to these pages.

27. Special Factors continued… • Comments NOT required – The following questions DO NOT require a comment: • A - Behavior - must have FBA and BIP • F - Reevaluation - if yes, must have determination of reevaluation form completed • G - Transportation– if yes, must complete transportation form • H - Instructional Materials - if alternate format is selected - add the format to the student’s instructional accommodations • I and J - ESY– if student needs ESY - must complete ESY considerations form

28. Special Factors Questions A. Behavior - If checked yes, a BIP and behavior goals must be included in the IEP. A Functional Behavior Assessment must be completed and attached to the final IEP. B. Language - By checking yes, you are indicating that the student is served or tracked in the ESOL program. Indicate this in the comments section and that needs are being addressed through the goals, services, and supports. C. Blind/visually impaired - Do not check yes unless student has VI or Blind eligibility. (This does not apply to students who wear glasses or have other mild visual impairments.) – If yes, in comments section indicate that needs are being addressed through the goals, services, and supports. D. Communication - If checked yes, you must address the communication needs in present levels, goals, and services. In comments section, indicate that needs are being addressed through the goals, services, and supports.

29. Special Factors (cont.) E. Deaf/Hard of Hearing - Do not check yes unless the student has Hearing Impaired or Deaf eligibility. In comments section, indicate that needs are being addressed through the goals, services, and supports. F. Eligibility due - If either the primary or secondary eligibility will be due in the next 12 months, address both areas to align dates. G. Transportation - Use Special Transportation Consideration Form for decision making. This should be considered carefully. H. Instructional materials - If answered yes, you will be prompted to answer Question 19 and select the format the student needs. The choices include Braille, large print, electronic text and books on tape. The materials should also be listed in instructional accommodations.

30. Special Factors (cont.) • I. ESY considered - Always check yes since this must be considered annually. • J. ESY needed - If answered yes, you will be prompted to the ESY services/goals pages. Consider carefully. Use the ESY Consideration Form for guidance in decision making. • K. Does the student need AT devices or services? You must use the AT consideration form. AT form will help in determining if AT is needed. In comments section indicate needs are being addressed through the present level, goals, and/or services. Remember - If the student is using assistive technology/tool that can be considered AT – check yes! • Indicate the AT used in the supplementary aids and services • **Remember: Obtain input from central office prior to making a final recommendation concerning letters G and J above.

31. Assistive Technology • Definition: Assisted technology deviceis an means of 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 the FUNCTIONAL capabilities of a SWD. Does not include a medical device that is surgically implanted or the replacement of that device (160-4-7-.21) • Definition: Assistive technology service means any service that directly assists a SWD in the selection, acquisition, or use of an assistive technology device. • Goals - AT should be addressed in the goals of the student - if the student needs the AT then it should be a goal since needs are addressed through goals • Services - it must be listed in the services in supports because the AT is necessary to help the student progress towards that goal.

32. What is AT? AT is to address functional capabilities and allow participation in academic and functional activities and can range from the following but it not limited to: • academic and learning aids such as calculators, spell checkers, word processors, computer software, etc • aids for daily living - self help aids for use in activities in eating, bathing, cooking, toileting, etc • listening devices and environmental aids - amplification devices, closed captioning systems, environmental alert systems for deaf or hard of hearing, etc • argumentative communication computer access and instruction - modified keyboards, switches, special software, etc • environmental control - adapted appliances, environmental control unites, switches, etc • mobility aids - wheelchairs, walkers, scooters • pre vocational and vocation aids - picture based task analysis sheets, adapted knobs, adapted timers, watches • recreation and leisure aids - switch adapted toys, software • seating and positioning - adaptive seating systems and positioning devices to enhance participation and access to the curriculum • visual aids - magnifiers, talking calculators, Braille writers, adapted tape players, screen reading software, Braille note taking devices

33. 3. Annual Goals & Short-term Objectives • Rule : 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 enablethe 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 • Purpose of goals: • Address needs as result of disability • To enable progress and involvement in the standards • Progress towards goals: • Not making progress – IEP meeting should be held • How to develop goals – • Based on needs in PLP • Goals should be measurable • Goals should be ambitious, but realistic • Do not list grade level standards • Goals should be for entire year not an objective • Every need (academic or functional) described in PLP must have a corresponding goal

34. Measurable Goals: • Goals should be able to answer these questions: • Who… will achieve • What…. Skill or behavior • How…in what manner or at what level? • Where…in what setting or under what conditions • When…by what time? An ending date

35. Parts on Annual Goals • Goals should be directly related to the needs defined in the PLP • Indicate the goal - use PLP to help write and should be measurable and for the entire year • Mastery Criteria – The level you would like the student to reach by the end of this IEP • Evaluation method – should be specific – how is the teacher going to measure whether or not the student has met criteria for mastery of the goal? • EX - Dolch List, reading passage at 4th grade level, data collection sheet for frequency, intensity, duration, 20 grade level math problems, etc. • Current level – student’s current level of functioning for this skill should be entered here derived from the PLP • Current level and mastery criteria level should be reasonable and attainable within one year • Progress Monitoring Notebooks

36. 4. Services and Supports • Rule:Statement of the special ed and related services, supplementary aids and services, and a statement of the program modifications or supports for school personnel that will be provided to enable the child • in advancing toward attaining annual goals • Be involved and make progress in the general curriculum • Be educated and participate with other non-disabled students • Purpose of Services and Supports: Toenable the student to progress towards their annual goals and be involved and make progress in the regular education class and curriculum • To Develop Services and Supports: The IEP team should refer to the student’s goals and consider what level of service and supports are necessary to: • Assist the student toward the attaining the goals • Be involved in regular ed class and standards

37. Types of Services and Supports on IEP • Special ed services • Related services • Instructional accommodations • Classroom testing accommodations • Supplementary aids and services • Supports for personnel • Statewide Testing Accommodations

38. Services and Supports • Services and supports should be justified by the needs in PLP and the goals • Remember LRE – continuum from least restrictive to most restrictive • Separate class is more restrictive than Co-teach • Co-teach is more restrictive than collab • Collab is more restrictive than supported instruction

39. A. Special Education Services • Inside General Education Classroom or Outside General Education Classroom • Supportive Services – para, interpreter, job coach • Consultative – one segment per month – sped teacher • Collaborative – sped teacher – less than full segment daily • Co-teaching – sped teacher – full segment daily • Separate Class – resource, self contained • Separate School • Home Instruction • Residential • Hospital/Homebound

40. B. Related Services • Physical Therapy • Occupational Therapy • Transportation • Audiological services • Psychological services • Social Work services • Counseling services • Orientation and mobility services • Interpreting services • School nurse or other medical services • Parent training • Etc.

41. What are related services? • Related services are services required to assist a SWD to benefitfrom and access educational services • Related services means developmental, corrective, and other supportive services but it is not limited to the items listed on the previous slide.

42. C. Instructional Accommodations • Changes to: • How instruction is provided – listens to portions of text rather than read, guided notes, specific grouping, etc • How student responds – answer questions orally or with computer keyboard rather than writing • How student participates in assignments – sign language interpreter, choices, FM systems, etc • How materials are used – large print, etc. • What accommodations are necessary to: • Help the student progress towards their goals to • Be involved and participate in the general curriculum

43. D. Classroom Testing Accommodations • Individualized • Determined by subject area • Be specific as possible • Testing accommodations should be justified by the needs and goals of the student • Do not give testing accommodations to make the test easier

44. E. Supplementary aids and services • Aids, services, or other supports that are provided in: • Regular education classes • Other education-related settings • Extracurricular and nonacademic settings • Why are they provided • To enable SWD to be educated with nondisabled children to maximum extent appropriate

45. Definitions: Accommodation and Supplementary Aids and Services • Accommodation Definition: Changes in instruction that enable children to demonstrate their abilities in the classroom or assessment/test setting. Accommodations are designed to provide equity, not advantage, for SWD. Accommodations include assistive technology as well as alterations to presentation, response, scheduling, or settings. When used appropriately, they reduce or even eliminate the effects of a child’s disability; but do not reduce or lower the standards or expectations for content. • Supplementary aids and services – Aids, services, and other supports that are provided in regular education classes, other education related settings, and in extracurricular and nonacademic settings, to enable SWD to be educated with nondisabled children to the maximum extent appropriate in accordance with the requirements for FAPE.

46. Difference between Instructional Accommodations and Supplementary Aids and Services? • Instructional accommodations are accommodations that are provided to adapt the content, methodology, or delivery of instruction. • Think of these as instructional/classroom related. • How does the student need the presentation, response, scheduling, or settings of instruction or instructional materials adapted in relation to the effects of the disability. • How does the student need the classroom adapted to accommodate for the effects of the disability. • Services and supports are provided to enable the student to progress towards their goals and be involved in general classroom and standards • Supplementary aids and services are the aids or services or supports that are necessary for a student to be involved in general education settings, other education settings, non-academic settings, and extra-curricular activities that may not relate directly to instructional needs • Think about what other aids, supports, or services are necessary based on student’s needs that are were not directly related to instruction and were not addressed in instructional accommodations • AT Items should be listed here • Examples: Behavior point sheets, assigned seating, prompts, redirection, re-teaching and pre-teaching, peer helper, etc.

47. F. Supports for school personnel • Training or support for system staff regarding specific student’s need • Ex – training on assistive technology device, workshop on content area or disability area, etc.

48. G. Statewide Testing Accommodations • Must be on approved list from DOE • If not on list, must work through testing coordinator and DOE for approval • Must be listed on the classroom testing accommodations • Must be individualized, determined by subject area, and specific as possible!

49. 5. Options Considered and Placement Considerations and Minutes • Rule: An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the nonacademic and extracurricular activities • Purpose: to justify why a SWD is being removed from the general education setting. Special ed rules clearly indicate removal of SWD from the regular class environment shall occur only: • when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily • How to develop: See next slide

50. Options Considered continued… • How to develop: • Check all options considered and accepted • Remember that options considered should follow the continuum of services from least restrictive to the most restrictive • You should NOT skip services along the continuum • Academic area - Indicate next to each option the specific academic area that the student will receive this particular service such as math, English, science, literature, reading, etc.