Special Education Update

1. Special Education Update September 22, 2010

2. Parents Administration SE Providers GE Providers IEP Process IEP Process • Core instruction • Supplemental instruction • Evaluation for a suspected disability • Review of Existing Data (Evaluation Review) • Parent Consent to Evaluate • MET Report • Development of Initial IEP and subsequent IEPT meetings • Monitor progress • Reevaluate • Reevaluation IEP team meeting when eligibility is in question • Supplemental instruction • Core instruction

3. Role of the Parent in the IEP Process • Embrace the opportunity to participate in the educational process • Participate in the development and implementation of intervention plans • Communicate concerns/fears • Report student strengths/areas of need • Advocate for their child/student • Note: It is near impossible to catch the train once it has left the station.

4. Role of the Administrator in the IEP Process • Prior to the Meeting • §300.321(a)(4) - A representative of the public agency who-- • (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; • (ii) Is knowledgeable about the general education curriculum; and • (iii) Is knowledgeable about the availability of resources of the public agency • Read the MET report and/or evaluation data • Review progress monitoring data • During the Meeting • Active participation as part of the IEP process • Observe parent verbal/nonverbal communication. Document parent requests not included in IEP in Notice with data recorded to support district decision • Verify connection of identified needs to the curriculum based on the disability • Carefully consider the provision of education in the least restrictive environment • After the Meeting • Provide Notice to the parent of Intent to Implement IEP as an offer of a Free Appropriate Public Education (FAPE) • Accountability - Ensure IEP is implemented with fidelity • Monitor progress to ensure goals are met within one year • Is student on track to meet/exceed goals? If not, what needs to be changed - QUICKLY

5. Role of the Educator in the IEP Process • General Educators • Provide core instruction based upon state standards • Analyze data to measure student progress • Develop and implement intervention plans for students not achieving at expected rates of learning • Communicate progress data to parents and members of intervention team • Communicate the grade level standards expected of students (including students with a disability) • Assist in selection of goals and objectives • Special Educators • Provide intensive intervention so students can access the general curriculum • Communicate progress data to parents and members of intervention team • Develop and implement intervention plans for students not achieving at expected rates of learning

6. Role of the Evaluation Team in the IEP Process • Review existing evaluation process to assist in creation of diagnostically-sound evaluation measures, assist with revisions • Review of existing evaluation data (preferably before there is a suspected disability) • Partner with school (e.g. principal, diagnostic team member meet with parent to review existing data, create evaluation plan, and obtain parent consent to evaluate) • Provide timely MET report to IEP team members

7. IEP Process • The Individualized Education Program • Present level of performance • Secondary Transition Plan • Goals and Objectives • Supplementary Aids and Services • Participations • Related Services and/or Programs • Notice for Provision of Services and Programs • These are two SEPARATE but connected activities

8. Notice DocumentS • Notice for Initial Provision of Services and Programs • * See handout  • Notice to implement an Initial IEP (offer of a FAPE) • Initial IEP requires written parent consent to implement plan • District not permitted to implement Initial IEP without parent consent • If parent ignores request for consent, district should make concerted effort to contact parent before sending letter to parent to close the IEP development process. Attach letter to IEP and Notice documents (see handout)  • Notice for Provision of Services and Programs (non-initial) • * See handout  • Notice to implement an IEP (offer of a FAPE) • Parent “signature of consent” is not part of this Notice process!

9. Timeline for Initial Notice

10. Talking Points – Provision of Notice • There are two Notice forms. One for initial IEPs, and one for all others • The district will ALWAYS sign the Notice form that accompanies the IEP. • District must ALWAYS provide (i.e. physically give) the IEP and Notice as one “package” to the parent as soon as possible after IEP • Documents may be given to parent at the conclusion of the IEP team meeting, within 7 days of initial IEP team meeting, mail, backpack, etc. • In other words…The IEP and Notice must not “sit” on someone’s desk! • Parent “provides written consent” only for Initial IEP • Date of the IEP • The date the district (i.e. administrator) signs Notice form, thus providing the offer of a FAPE • District can not offer a FAPE unless the SE provider(s) have finished the IEP (i.e. edits complete and IEP finalized) – It is not a pretty “package” until it has a bow!

11. Talking Points – Documentation Requirements • 30-day evaluation timeline for Initial IEP begins with parent consent to evaluate, and ends with the date of the district’s Notice of its offer of a FAPE. (SPP B 11 reporting) • PLAN! PLAN! PLAN! • Annual review IEP due date is calculated based upon date of Notice. • PLAN! PLAN! PLAN! • District must document options considered and reasons not selected in the Notice. Use the data to support all decisions!

12. IEP Process Roll-out~ Communication Considerations ~(Tile 1 of 2) • Create a building/district communication plan for the IEP process with all special education providers * See handout  • Put the plan for IEP documentation in writing • Caution: Notice explanation – Would building administrator be the best person to articulate? • Designate person(s) responsible to: • Provide IEP and Notice to parent • Ensure district receives Notice of consent signed by parent prior to implementation • Alert building principal if consent is not obtained • Principal should 1) attempt to obtain consent; or 2) notify parent IEP process is closed • Place IEP documentation into CA60 • District may determine personnel other than SE provider

13. IEP Process Roll-out~ Documentation Considerations ~(Tile 2 of 2) • Create a draft IEP and share with all participants, including the parent, 1-2 weeks prior to the IEP team meeting • Don’t “doctor the dates” (i.e. pre-date) of Notice process • Don’t “negotiate” to reach “consensus” with the IEP. Use data to support the decisions of the IEP team. The responsibility of the offer of a FAPE continues to rest with the building administrator • Familiarize yourself with the Procedural Safeguards • Engage in data review meetings at monthly team meetings to push for accelerated rates of growth! • Pay attention to “Compliance Alerts” from EasyIEP – It means a IEP documentation is out of compliance! (providers and administrators)

14. State Performance Plan Indicators Data Data Data

15. State Performance Plan (SPP) Indicators – The IEP Connection and CIMS Reflection • SPP B 1 – Graduation Rate • SPP B 2 – Dropout Rate • SPP B 3 – Statewide Assessment • Participations • SPP B 4 –Suspension/Expulsion of SWD • Stand-alone district process • SPP B 5 – Educational Environments • Educational Setting • SPP B 9 – Disproportionate Representation • Eligibility for all students • SPP B 10 – Significant Disproportionality • Eligibility based upon specific disability • SPP B11 – Child Find • Date district provided Notice to parent as offer of a FAPE • SPP B13 – Secondary Transition • Student’s Postsecondary goals

16. Suspension/Expulsion (SPP 4) • Reported in MSDS • # of out-of-school suspensions over 10 days • # of out-of-school suspensions between 2 and 10 days • # of in-school suspensions over 10 days • # of in-school suspensions between 2 and 10 days • Expulsions • Do you have a documentation system?

17. Disproportionate Representation and Significant Disporportionality (SPP 9,10) • What impacts this indicator? • Evaluation of Students with a Disability • Previous Enrollment Process • * See handout  • SE Exit Form • * See handout  • Participation in the IEP process • Where does the data come from? • EasyIEP • MSDS

18. Progress Reports • Record data points as noted in goals and objectives • No requirement for narrative – the progress report supplements the report card • Data should “tell the story”

19. Amendment • First ask: “Would it be better in the long run to hold an IEP and “restart” the IEP clock?” • The amendment should only be used to make small corrections to the IEP • Notice must be provided to the parent when using an amendment process • Provide signature documents to CEISD secretary • Amendment and Notice must be attached to IEP being amended

20. Revocation of Consent • Parent who provided consent for IEP may revoke consent by written letter (Written Revocation of Consent) • School (administrator) responds with letter (prior written notice) acknowledging the parent’s “Revocation of Consent” letter  • School terminates services “within a reasonable time”

21. The Ineligible IEP • Ineligible IEP • This type of IEP terminates eligibility • All ineligible IEPs require a written MET report, IEP, and Notice • Ineligibility due to one or both of the following: • Student does not meet criteria under Michigan rules • Student does not need special education services and/or program • Recommendation: Administrator should always attend this type of IEP. The district is removing the student’s protections under IDEA.

22. Nonpublic Service Plan • When to use • Student with a disability attends a nonpublic school and auxiliary services need to be provided • This includes registered home-school settings • Who is responsible for the creation of the Nonpublic Services Plan and Notice for Provision of Services? • The district in which the nonpublic school is located • Petoskey – St. Francis, 7th Day Adventist • Ellsworth – Ebenezer • Harbor Springs – Harbor Light • Charlevoix – St. Mary • Nonpublic Service Plan is a document within EasyIEP system

23. Nonpublic Service Plan Process – Nonpublic School Located in Student’s District of Residence • District of Residence (DOR) has child find responsibility (Initial and reevaluation) • Parent requests Initial evaluation in writing • Evaluation completed and Initial IEP team meeting is held to determine if student is eligible for special education services/programs • If eligible, develop an IEP, note parent’s desire for student to attend nonpublic school in “other factors” section of Notice. Provide IEP and Notice to parent • Parent may refuse consent and request Nonpublic Service Plan – DOR administrator should invite nonpublic administrator to Nonpublic Services Plan meeting • DOR administrator conducts Nonpublic Service Plan meeting, signs and dates Notice for Provision of Services for Nonpublic Services Plan (parent does not sign consent) • DOR responsible to conduct annual and reevaluation nonpublic services plan meetings

24. Nonpublic Service Plan Process – Nonpublic School Not in Student’s District of Residence • District of Location (DOL) of nonpublic school has child findresponsibility (Initial and Reevaluation) • DOL administrator asks parent if resident district may be invited to the IEP meeting. • Parent says, “Yes” – Inform and invite DOR administrator to IEP meeting and DOR administrator will follow procedure as if nonpublic school is located in district of residence (see previous tile) • Parent says, “No” – Do not violate FERPA and have conversations with child’s resident district! DOL administrator conducting child find conducts Nonpublic Services Plan meeting • DOL administrator develops Nonpublic service plan and provides Notice to the parent. • DOL responsible to conduct reevaluations and annual nonpublic services plan meeting • If the parent seeks a FAPE through an IEP, the DOL should direct the parent to contact the DOR administrator to enroll the student and provide opportunity for the DOR to provide the offer of a FAPE

25. Resource Information • Diane Heinzelman (Compliance Questions) • heinzed@charemisd.org • 547.9947 • 547.9812 x122 • Linda Johnson (EasyIEP Function Questions) • johnsonl@charemisd.org • 547.9947 • 547.9812 x120 • MDE OSE/EIS Quick Reference Guidance Documents • http://michigan.gov/mde/0,1607,7-140-6530_6598_36168-236252--,00.html • Jing (future attraction) • <5-minute video “how-to” infomercial