IEP “Issues” PWN, LRE, Team Member Excusal & Transition

1. IEP “Issues”PWN, LRE, Team Member Excusal & Transition

2. Process for Team Members • When you send out a Team Meeting Notice, make sure you identify each required member. • The Team Meeting Notice sign in sheet provides a spot for excusals. See FAQ 3b.

3. Who are required IEP team members? • The Notice of Team Meeting must identify the name and role of the individuals that are expected to be at the meeting. The law requires that the IEP team include at a minimum: • The parents of the child (If parent does not attend there must be clear documentation of efforts to schedule the IEP Team Meeting with the parent two times.) A parent may participate by phone. • At least one general education teacher of the child (if the child is, or may be participating in the general education environment) see excusal information below • A special education teacher licensed in the area of disability (or with expertise in the area) see excusal information below • A representative of the district. The Notice of Team Meeting must identify who is serving in this capacity. See excusal information below • Special education service providers whose services will be discussed at the meeting see excusal information below • Following an evaluation, an individual who can interpret the instructional implications of the evaluation • The student, if of transition age

4. What steps do you need to follow when excusing a required team member • The parent(s) of the student can agree to excuse a required member from attending an IEP Team meeting, in whole or in part. Parents do not need to consent to the excusal. If they do not agree, the meeting must be rescheduled. Parents may revoke excusal at any time. • Excusal: The reauthorization of IDEA allow for parents to provide a prior written excusal of a required member from all or part of the meeting with the understanding that the teacher will submit written input into the development of the IEP prior to the meeting. In order to arrange for an excusal the following process is required: • The case manager must contact the parent prior to the IEP Team Meeting regarding the excusal of a required team member. The case manager must notify the parent that it is their right to have that member present. If the parent agrees to the excusal, the required member must provide written input into the development of the IEP prior to the meeting. At the meeting, the parent must indicate agreement by signing and marking the excusal on the sign in sheet. • If a required member was expected to be at the meeting, but was unable to, the parent must be given the opportunity to reschedule or proceed with the meeting without that team member. If the parent agrees to proceed, they must indicate agreement by signing and marking the excusal on the sign in sheet. In some cases, the team may decide to complete part of the meeting and reschedule the remainder for a time that the missing team member can attend. • If the parent refuses to provide written excusal of a required member, the IEP Team Meeting must be rescheduled. In some cases, another teacher may fill that required role (for example, another general education teacher that works with the child may fill the role of a general education teacher.)

5. Least Restrictive Environment If a student is not able to participate full time with students without disabilities in the regular classroom and in extra-curricular and non-academic activities, provide a statement explaining the extent of non-participation.

6. Common LRE Problems • Services do not match when the student is not participating in the regular ed. setting. • Most commonly, staff have forgotten to identify pull out speech services • Following are examples of LRE statements that would and would not be in compliance according to the MDE.

7. Appropriate Example • Dan needs intensive social skills instruction and practice in a small group situation in order to improve his ability to resolve conflict and cooperate with peers. He will receive this instruction from the social worker and EBD teacher during his study hall. Dan will receive his remaining instruction in the general education setting with his non-disabled peers.

8. Appropriate Example • Due to Sue’s significant information processing deficits in the areas of auditory acquisition and organization related to sequencing words, she needs small group reading instruction with repeated directions in multiple formats. Therefore, she will be removed from general education reading to receive this instruction. Sue will receive her remaining instruction in the general education setting with her non-disable peers. Sue also has the option of accessing the special education academic support resource room from the mainstream classroom when in need of additional support. She will not miss core instruction when leaving the classroom rather will access the support room when there is individual work time in the classroom when needed.

9. Inappropriate Example • Dan is a setting 2 student and is out of the mainstream more than 20% of his day.

10. Secondary Transition • Minn. Stat. § 125A.08 now requires additional documentation in the IEP that provides an accountability framework for improving secondary transition services and outcomes. • This section has three components: desired post-secondary outcomes, anticipated courses of study and other transition service(s) or activities

11. Desired Post-Secondary Outcomes • The expectation is that by grade 9, a student’s IEP team discusses and develops a measurable post-secondary outcome that the student hopes to reach post grade 12 or transition program. Progress reporting is not required on an annual basis however the team needs to continue to address and discuss this outcome on a yearly basis as it may change from year to year. • The team should also use these outcomes to drive the annual goals and services of the student. • Desired Post-Secondary Outcomes MUST be written in the areas of education and employment. When appropriate, the team should also develop one in the area of independent living.

12. Examples of Appropriate Measurable Post-Secondary Outcomes • After graduation, Jamal will obtain a bachelor’s degree in computer science. • After graduation, Maria will pursue an internship in the field of advertising while she attends post-secondary school part-time. • After graduation, Danny will live in his own apartment in an assisted living facility.

13. Examples of Inappropriate Measureable Post-Secondary Outcomes • After graduation, Danny might participate in a variety of indoor and outdoor leisure activities. • After high school, Mia is unsure of what she would like to do as a profession.

14. Anticipated Courses of Study • The IEP team needs to map out what courses a student is going to take covering the current year and at least one year beyond the year the IEP is covering. (could map out all four years if appropriate) • These courses of study should directly relate to the child’s post-school outcomes. • For electives…be specific

16. Other Transition Service(s) or Activities • Transition services must specifically address postsecondary goals and sufficiently enable the child to advance appropriately toward attaining their postsecondary goals. • An activity can be done in collaboration with other participating agencies, including the student and family, and may not require specialized instruction.

18. Prior Written NoticeQuestion #1 • Description of the action(s) proposed by the district: • ACCEPTABLE: As detailed in the IEP, the IEP team is proposing that XXX receive his instruction in Reading, English, Social Studies and Math in Essential Classes taught by special education staff due to his learning disabilities in Reading, Writing and Math. The IEP team is proposing providing direct speech and language services as XXX qualifies for and demonstrates a need in regards to his expressive and receptive language needs. • NOT ACCEPTABLE: Refer to attached IEP.

19. Prior Written NoticeQuestion #2 • Explanation of why the district proposes to take the action: • ACCEPTABLE: The team determined that XXX needs the specialized instruction and support provided in the Essential classes in order to successfully and effectively access his education. Without that level of support, the team felt XXX would struggle to be successful. The team also agreed that XXX would benefit from speech and language services for his language needs in order to develop the skills necessary to be successful and actively involved in his environment. • NOT ACCEPTABLE: Annual IEP is due.

20. Prior Written Notice Question #3 • Description of each evaluation procedure, test, record or report the district used as a basis for the proposed action: • ACCEPTABLE: The IEP team reviewed the most recent ESR dated (1/1/10), XXX’s previous IEP, progress reports related to the previous IEP and his progress on those goals and also anecdotal information provided by his teachers at the IEP meeting. The team also reviewed information shared by both XXX and his mother in determining the most appropriate program and services for him to achieve success. • NOT ACCEPTABLE: previous reports and notes from teachers (without more specific information, dates, etc. )

21. Prior Written Notice Question #4 • Description of any other options that the IEP team considered and the reasons why those options were rejected: • ACCEPTABLE: The team discussed if XXX should receive more of his education in the general education setting rather than the essential classes but rejected that as it was determined that XXX required the support and specialized instruction provided in that setting. • NOT ACCEPTABLE: No other options were rejected.

22. Prior Written NoticeQuestion #5 • Description of any other factors affecting this proposal: • ACCEPTABLE: The team agreed to keep the components of the previous IEP in place until an FBA is completed OR • The team determined there are no other factors affecting this proposal. • NOT ACCEPTABLE: not answering the question.