BALTIMORE CITY PUBLIC SCHOOLS SPECIAL EDUCATION COMPLIANCE MANUAL

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1 BALTIMORE CITY PUBLIC SCHOOLS SPECIAL EDUCATION COMPLIANCE MANUAL SY

2 Table of Contents ii

3 Table of Contents Introduction Purpose of the Special Education Compliance Manual 1 Overview of the Special Education Process and Summary of Changes Chapter 1 Pre-Referral Process 5 IDEA/COMAR REQUIREMENTS - Purpose of Student Support Team CITY SCHOOLS PROCESS - Student Support Team - Continuum of SST Intervention Services - Relationship of SST to Special Education CITY SCHOOLS PROCEDURES - Student in Need of Interventions Flowchart Chapter 2 Child Find 9 IDEA/COMAR REQUIREMENTS - Child Find - Referring a Child for a Child Find Evaluation CITY SCHOOLS PROCESS - Child Find Office - IEP Team Responsibility for Children Attending Head Start Programs CITY SCHOOLS PROCEDURES - Referral - Students Attending Head Start Programs Chapter 3 Parent and Parent Surrogates 13 IDEA/COMAR REQUIREMENTS - Parent Surrogate Eligibility - The Parent Surrogate s Roles and Responsibilities CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Baltimore City Public Schools Request for Parent Surrogate Sample Form Chapter 4 Parental Notification of IEP team meetings 17 IDEA/COMAR REQUIREMENTS - Timeline for Notifying Parent - 5-Day Law - Information Needed in the Meeting Notification - Additional Information Required - Requirements for Transition Activities - Requirements for Diligent Effort - Exceptions to Prior Notification iii

4 Table of Contents CITY SCHOOLS PROCESS - Timeline for Notifying Parent - Exception to Prior Notification - Waiver City Schools - Information Needed in the Meeting Notification - Meeting Without a Parent in Attendance - Parents Who Speak a Language Other than English CITY SCHOOLS PROCEDURES - Chapter 4 Flow Chart Chapter 5 Procedural Safeguards Notice 23 IDEA/COMAR REQUIREMENTS - Parents Whose Native Language Is Not English - Information Included In The Procedural Safeguards Notice CITY SCHOOLS PROCESS - Receipt of Parents Rights Booklet CITY SCHOOLS PROCEDURES - Documentation on communication/parent contact log Chapter 6 IEP Team Composition and Excusal of Required IEP Team Members 25 IDEA/COMAR REQUIREMENTS - IEP Team Members - Others That May Participate - When a Team Member Is Unable to Attend CITY SCHOOLS PROCESS - Public Agency Representative CITY SCHOOLS PROCEDURES - Notification of IEP Team - Submission of Documentation for Excused Member Chapter 7 Informed Consent 29 IDEA/COMAR REQUIREMENTS - Informed Consent - Initial Evaluation Parent Does Not Provide Consent When Informed Consent From the Parent for an Initial Evaluation Is Not Required - Consent for Reevaluation If the Parent Refuses to Provide Consent When Parental Consent Is Not Required - Initial Consent for Services If the Parent Does Not Provide Consent Responsibility of the IEP Team If the Parent Does Not Consent to Services - Release/ Receipt of Information Regarding a Student - Requesting Records from Another School District iv

5 Table of Contents - Exception to Above: Nonresident Parentally Placed Private School Students - Requesting Records from an Outside Agency - Inviting Outside Agency Staff to an IEP team meeting for Transition - Excusing an IEP Team Member CITY SCHOOLS PROCESS - Obtaining Informed Consent CITY SCHOOLS PROCEDURES - Parent Refuses Consent for Initial Evaluation - Parent Refuses Consent for Initial Provisions of Services - Parent Revokes Consent for Continuing Services Chapter 8 Prior Written Notice to Parents Regarding IEP Team Decisions 33 IDEA/COMAR REQUIREMENTS - Notice to Parents with Primary Language other than English - Timeline For Providing Prior Written Notice - What To Include In The Notice - Documenting Prior Written Notice on the Maryland Online IEP CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES Chapter 9 The Evaluation Process 37 IDEA/COMAR REQUIREMENTS - Evaluation Process - Timeline for Completing the Referral - Exceptions to the Timeline for Completion of an Initial Evaluation - IEP Team Meeting - Initial IEP Team Meeting Review of Existing Data Additional Data Needed Ordering Assessments Scope of Assessment Selection of Assessments Assessment Reports Parental Consent CITY SCHOOLS PROCESS - Referral Procedures - Timeline for Completing the Referral - Initial IEP Team Meeting - Parent Attends Meeting and Signs the Consent at the Meeting - Parent Signs the Consent butt the Student is Unavailable for Testing - Parent Does Not Sign the Consent for Assessments at the IEP Team Meeting - Disability Is Not Suspected - Disability Is Suspected - Selection of Assessments CITY SCHOOLS PROCEDURES - Referral by Teacher - Referral by Student Support Team (SST) v

6 Table of Contents - Referral by Parent - Referral by Attorney or Other Person - Timeline for Completing the Referral - Exceptions to the Timeline for Completion of an Initial Evaluation - Noncompliance to the Required Timelines - Disability Is Not Suspected - Disability Suspected No Additional Data Needed - Process for Ordering Assessments Timeline Issues Process for Ordering Assessments - Selection of Assessments - Assessment Reports/Parental Consent - Prevention Plan - Next Steps - Prior to the Evaluation Meeting - Reminders Prior Written Notice Students Leaving City Schools Students Entering City Schools - Reference Chart of Types of Assessments and Assessors - Chapter 9 Flow Chart Chapter 10 Determination of Eligibility/Evaluation Meeting 51 IDEA/COMAR REQUIREMENTS - Determining Eligibility - Disabilities Recognized under IDEA Factors that May Impact Eligibility Determination - Student Is Eligible Under IDEA CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Considerations in Determining Eligibility - Student Is Determined To Be Eligible for Special Education - Student Is Determined Not Eligible for Special Education - Outside Evaluation Is Considered at the Meeting - Chapter 10 Flow Chart Chapter 11 Specific Learning Disability Additional Procedures for Identification 59 IDEA/COMAR REQUIREMENTS - Additional Procedures if the IEP Team Suspects that a Student Has an SLD Additional Team Member Required Additional Data that Must Be Considered Additional Time for Evaluation May Be Given Observation Required Specific Documentation Required for the Eligibility Determination Certification in Writing CITY SCHOOLS PROCESS vi

7 Table of Contents CITY SCHOOLS PROCEDURES - Classroom Observation - SLD Team Report Chapter 12 Chapter 12 The Individualized Educational Program (IEP) 63 IDEA/COMAR REQUIREMENTS - When IEP s must be in Effect - What the IEP Must Contain - Those Responsible For Developing the IEP - Factors to be Considered When Developing an IEP for a Student - General Factors - Special Factors - Role of the Regular Education Teacher in IEP Development - Writing Measurable Goals and Objectives - Implementation Guidelines - IEP for Student in an Adult Correctional Facility CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Service Nature - One Year Plus (OYP) - Creating Standard Based IEP: Utilizing OYP - Writing Measurable Goals and Objectives - Monitoring of Progress - How does an IEP Team determine the Services in the IEP that are reasonably - Calculated to enable the student to achieve the IEP Goals - Principal Accountability - Using Evaluation Results to Develop Effective Present Level Statements - Guiding Questions for Developing Present Level of Academic Achievement & - Functional Performance - Scaffolding Objectives - Graduation Information - Participation on District/Statewide Assessments - Participation in Extracurricular and Other Nonacademic Activities - IEP for Students in an Adult Correctional Facility Provision of FAPE to Students in Eager Street Academy (ESA) Planning/Coordination between City Schools and ESA To Provide FAPE Identification of Students with IEPS Records IEP Process IEP Implementation Data Collection/Accountability Procedural Safeguards Chapter 13 Related Services 81 IDEA/COMAR REQUIREMENTS - Related Services vii

8 Table of Contents - Services Not Included - Descriptions of Related Services and Qualified Providers Audiology (Office of Related Services) Occupational Therapy (Office of Related Services) Physical Therapy (Office of Related Services) Psychological Services (Office of Related Services) Speech-Language Pathology Services (Office of Related Services) Social Work Services (Office of Related Services) Assistive Technology-AT (Office of Related Services) Orientation and Mobility Services (Office of Special Population in Conjunction With Community Agencies) School Health Services (Office of Interagency Support Services) Medical Services (Office of Interagency Support Services) Counseling (Office of Related Services) Early Identification and Assessment of Disabilities (Child Find) Interpreting Services (Office of Special Populations) Parent Counseling and Training (Office of Special Education) Rehabilitation Counseling (Office of Related Services in Conjunction with Community Agencies) Recreation (Office of Special Populations) Vision Services Hearing Services Adapted Physical Education Service Animals CITY SCHOOLS PROCESS - Eligibility and Provision of Related Services CITY SCHOOLS PROCEDURES - Related Services Staff Functions - Prevention Plan Process - Determining the Frequency, Location, and Provider of Special Education and - Related Services - Related Service Implementation Guidelines Chapter 14 Transportation (Office of Special Education in Conjunction with the Office of Pupil Transportation) 93 IDEA/COMAR REQUIREMENTS - Definitions CITY SCHOOLS PROCESS - IEP Team Process CITY SCHOOLS PROCEDURES - Documentation for Any Required Specialized Equipment - Documentation for Required Support Personnel - Considerations for Medically Fragile Students - Considerations for Transporting Pre-School Age Children - Communication Time-line - Monitoring of the Provisions of Transportation Services viii

9 Table of Contents Chapter 15 Transition Services 105 IDEA/COMAR REQUIREMENTS - Definition of Transition Services - Description of the Transition Planning Guide - Maryland Exit Document - Definition of State Performance Plan (SPP) CITY SCHOOLS PROCESS - When Transition Services Must Be Provided - Exit Document - State Performance Plan CITY SCHOOLS PROCEDURES - People Who Must Attend the IEP team meeting When Transition Services Will Be Discussed - Transition Services Are Based On Student s Need - When Transition Services Must Be Provided - Transition Monitor - Transition Planning Guide - Transition Programs - Exit Document - Definition of the Indicator 13 Checklist Chapter 16 Placement Determination/ 111 Least Restrictive Environment Decision Making IDEA/COMAR REQUIREMENTS - Definition of Placement Determination - Definition of Least Restrictive Environment (LRE) According To Individuals With Disabilities Act (IDEA) - The Relationship Between Least Restrictive Environment (LRE) and Educational Placement Policy - Who Makes the LRE Placement Determination? - How Is a Placement Determination Made? - Placement Decision - Transportation Consideration CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Description of Specialized Programs - IEP Team Discussion Requirements - Transportation Consideration - Description of LRE Settings and Supports - Description of Preschool LRE Settings and Supports Chapter 17 Placement Determination/ More Restrictive Environment Decision Making (Chapter is currently unavailable and will be distributed at a later date to be determined) 121 ix

10 Table of Contents Chapter 18 Evaluation and IEP Development Transition from the 123 Infants and Toddlers Program IDEA/COMAR REQUIREMENTS - Children Affected - Transition - IEP Team Meeting - When the IEP Must Be in Effect CITY SCHOOLS PROCESS - Transition for Part C to Part B - Family Choice CITY SCHOOLS PROCEDURES - Procedural Safeguards Prior to Age 3 Prior to Age 4 Chapter 19 IEP Implementation 127 IDEA/COMAR REQUIREMENTS - Timeline for Implementing an IEP After it is Developed - Access to the IEP - When a Student s IEP Must Be in Effect - Prior Written Notice - Access to the IEP - Parental Revoke of Consent CITY SCHOOLS PROCESS - Access to the IEP CITY SCHOOLS PROCEDURES - Implementation of the IEP - Prevention Plan - Settlement Agreement-Missed Services - Makeup Services for Students Beyond the Specified Settlement Agreement Timeline - Chapter 17 Flow Charts Chapter 20 Reporting Progress 137 IDEA/COMAR REQUIREMENTS - Reporting Progress on IEP Goals CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Information Included in the IEP Progress Report - The Four Progress Codes Chapter 21 IEP Review and Revision 139 IDEA/COMAR REQUIREMENTS - IEP Review - Information Considered at an IEP Review Meeting - Changes to an IEP Outside of an IEP team meeting (Amending the IEP) CITY SCHOOLS PROCESS x

11 Table of Contents CITY SCHOOLS PROCEDURES - Annual Review - Student is not making expected progress - Amendments - Late Annual Review - Chapter 21 Flow Chart Chapter 22 Continuing Eligibility/Reevaluation 143 IDEA/COMAR REQUIREMENTS - Continued Eligibility - Timeline for Reevaluation - Review of Available Data - No Additional Data Is Needed - If Additional Data Is Requested by the IEP Team - Reevaluation Meeting to Review Assessments CITY SCHOOLS PROCESS - Reevaluation Meeting - Prior Written Notice (PWN) - Prior Written Notice When a Parent Is in Attendance: - Prior Written Notice When A Parent Is not in Attendance CITY SCHOOLS PROCEDURES - Reevaluation Meetings - Reevaluation Planning IEP team meeting - Ordering Assessments - Assessment Procedures Must Include - Specific Procedures to Address Dismissal of a Related Service - Discontinuing A Service - Consideration of Dismissing a Student Back to General Education - Updating Education Assessments - Consideration of Dismissing a Student with Speech and Language Disability - (Speech-Language Disability) Which Will Impact IEP Services - Documenting Reevaluation Data Chapter 23 Discipline Procedures 151 IDEA/COMAR REQUIREMENTS - Disciplinary Removal of Students with Disabilities - When Does a Disciplinary Removal Trigger the Procedural - Educational services must be provided on the 11 th day of - Removal for all students with disabilities - Change of placement - Pattern of Removal - Conducting the Manifestation Determination Meeting - If Manifestation Is Found - 45 Day Placement Alternative Educational Setting (AES) - If Manifestation Is Not Found - Appeal of Placement Determination or Manifestation Determination xi

12 Table of Contents - Students Who Are in the Evaluation Process - Considered to Have Knowledge of a Disability - School Staff Would not be Deemed to Have Knowledge if: - Request for an Evaluation While the Student is Disciplinarily Removed from School - Referral to Law Enforcement and Judicial Authorities - Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) - Use of Exclusion, Restraint or Seclusion Exclusion Restraint Seclusion CITY SCHOOLS PROCESS - Disciplinary Removal of Students with Disabilities - Bullying, Harassment, or Intimidation - Unilateral Placement in AES - Exclusion, Restraint and Seclusion CITY SCHOOLS PROCEDURES - Disciplinary Removal of Students with Disabilities - Unilateral Placement in AES - Students Who Are in the Evaluation Process - Functional Behavior Assessment (FBA) - Behavior Intervention Plan (BIP) - Implementation of FBA and BIP - Seclusion, exclusion and restraint - Procedures for Early Dismissal - Student Sign-Out Log Chapter 24 Extended School Year (ESY) Services 167 IDEA/COMAR REQUIREMENTS - Determining ESY - Required Documentation - Services Are Available Through ESY CITY SCHOOLS PROCESS - Timelines for Determining ESY CITY SCHOOLS PROCEDURES - Required Documentation Chapter 25 Parentally Placed Private School Students 171 IDEA/COMAR REQUIREMENTS - Eligibility Student is a Baltimore City Resident Student is Not a Baltimore City Resident - Can Parents File a Due Process Complaint If They Disagree With the - Determination of the IEP Team - Can Parents File a State Complaint If They Disagree With the - Service Plan or Provision of Service under a Service Plan xii

13 Table of Contents CITY SCHOOLS PROCESS - Obligations of City Schools to These Students - Referral and Evaluation CITY SCHOOLS PROCEDURES - Student is a Baltimore City Resident - Student is Not a Baltimore City Resident - Reevaluation - Student Records - Service Plans Chapter 26 Independent Educational Evaluation (IEE) 177 IDEA/COMAR REQUIREMENTS - Definition of an IEE - Parent Rights to an IEE at Public Expense CITY SCHOOLS PROCESS - Independent Educational Evaluation CITY SCHOOLS PROCEDURES - Practices to Follow if a Parent Requests an IEE Chapter 27 Student Records 179 IDEA/COMAR REQUIREMENTS - Parent s Right to Review - Timeline to Comply with a Request to Review - Requests for Copies of School Records - Provision of Copies Without Charge - Parent Request to Change a School Record - Release of Educational Records - Timeline for Destroying Special Education Records CITY SCHOOLS PROCESS - Parent Request to Amend a Record - Release of Records without Prior Consent - Timeline for Destroying Special Education Records - Reconstruction of Lost IEP Folder CITY SCHOOLS PROCEDURES - Parents Right to Inspect Their Child s Educational Record - Amending an Educational Record - Transfer of Educational Records Between Schools - Timeline for Destroying Special Education Records - Reconstruction of Lost IEP Folder Chapter 28 Transferring of Students with A Disability 185 IDEA/COMAR REQUIREMENTS - Students Who Transfer from One City School to Another - Students Who Transfer into City Schools - Students Who Transfer Between Maryland School Systems - Students Who Transfer From Another State xiii

14 Table of Contents CITY SCHOOLS PROCESS - Students who Transfer From One City School to Another - Students who transfer out of City Schools CITY SCHOOLS PROCEDURES - Students Transferring to Another City School - Students Entering City School - Students Entering Who Require a Special Program/School - Obtaining Student s Records - MDOIEP Additional Process Notes Chapter 29 Students with Disabilities Who Exit Special Education Services 189 And/or City Schools CITY SCHOOLS REQUIREMENTS CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Exit Code A - Return to general education Consideration of Dismissing a Student Back to General Education - Exit Code B - Graduated with MD High School Diploma - Exit Code C - Received MD High School Certificate of Completion - Exit Code D - Reached 21 yrs. of age - Exit Code E - Deceased - Exit Code F - Moved, Known To Be Continuing In Education - Exit Code H - Dropped Out - Exit Code J - Parent Revokes Consent for Services - MDOIEP Process for Transferring/Exiting Students (Exit Codes E, F, J) Chapter 30 Transfer of Parental Rights at Age of Majority 195 IDEA/COMAR REQUIREMENTS CITY SCHOOLS PROCESS - Request that Parental Rights Transfer - Right to Due Process - Notification to Parents and Students About the Transfer of Rights CITY SCHOOLS PROCEDURES - Notification to Parents and Students About the Transfer of Rights - Reporting the Transfer of Parental Rights Under IDEA Chapter 31 Parental Disagreement with the IEP or Placement Determination 197 IDEA/COMAR REQUIREMENTS - State Complaint Process CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Mediation - Due Process Hearing - City Schools Initiated Due Process xiv

15 Table of Contents Chapter 32 Data Monitoring and Compliance 201 IDEA/COMAR REQUIREMENTS CITY SCHOOLS PROCESS CITY SCHOOLS PROCEDURES - Prevention Plans - Data Cleansing Reports - Maryland Online IEP System - Listing of Data Cleansing and Maryland Online IEP (MDOIEP) Reports Table Chapter 33 Frequently Asked Questions 207 Chapter 34 Additional Resources 209 Chapter 35 Glossary 218 Notes Appendix A 232 FORMS - Baltimore City Public Schools Request for Parent Surrogate - Notice of Documents Provided to Parent for Review at an IEP team meeting - Notification of Missed/Make-up IEP Services - Student Sign-Out Log - NOTICE of DOCUMENTS PROVIDED to PARENT for REVIEW at an IEP TEAM MEETING - SPP #13 Secondary Transitions xv

16 Introduction Purpose of the Special Education Compliance Manual The ultimate goal of IDEA is to improve the educational results and functional outcomes for all infants and toddlers, children, and youth with disabilities under IDEA in order to ensure the provision of early intervention services and a free appropriate public education (FAPE) designed to meet the unique needs of infants, toddlers, children, youth, and their families to prepare our children and youth for further education, employment, and independent living. The vision for Baltimore City Public Schools is accelerating the academic achievement of all students, in partnership with the entire community to ensure that students have the attitudes, skills, and proficiencies needed to succeed in college and in the 21st century global workforce. City Schools and the Office of Special Education are committed to educating students with disabilities in the Least Restrictive Environment with the appropriate supports and interventions to promote engagement in rigorous instruction, high achievement and postsecondary success, and ensuring that students with disabilities (birth to 21) living in Baltimore City receive a free appropriate public education in compliance with legal mandates. The Special Education Compliance Manual is designed to guide school administrators, school staff administrators, special educators, assessment personnel, as well as parents through the appropriate procedures for the identification and evaluation of students with disabilities and the subsequent IEP development for those students eligible to receive special education services. The purpose of the Special Education Compliance Manual is to assist school personnel to understand and practice procedures consistent with Federal, State, and Local requirements, i.e. IDEA (34 CFR 300) and in the Code of Maryland Regulations (COMAR section 13 A.05.01). Summary of Changes There were slight revisions to the structure of each chapter so that each part is clearly outlined. The chapters in the Special Education Compliance Manual are divided into three parts: IDEA/ COMAR Requirements: Federal and State laws and regulations are outlined. CITY SCHOOLS PROCESSES: Describes the City Schools process toward achieving full compliance with legal requirements. CITY SCHOOLS PROCEDURES: Outlines the specific steps that are needed to achieve compliance with legal requirements. In addition, The Special Education Compliance Manual for the SY includes new chapters, and recent updates to policy and procedures. See below for a brief description: Revised August 2012 Introduction 1

17 Chapter 2 - Child Find The Office of Teaching and Learning conducts transition meetings for children age 3 to 5 with an Individualized Family Service Plan (IFSP) under the Family Choice option who are transitioning to an IEP. Chapter 4 - Parental Notifications of IEP team meetings Notation of 5 Day Rule Chapter 10 - Determination of Eligibility/ Evaluation Meeting Age change for Developmental Delay - Under Maryland state law, the age is now three through seven and not three through nine. Chapter 12 - The Individualized Educational Program (IEP) Revisions to One Year Plus (Note: Chapter is currently unavailable and will be distributed at a later date to be determined) Chapter 14 - Transportation New chapter developed by the Office of Special Education in conjunction with the Office of Pupil Transportation. The chapter serves as guidance for IEP teams when considering the student s need for transportation. Chapter 17 - Placement Determination More Restrictive Environment Decision Making (New Chapter) (Note: Chapter is currently unavailable and will be distributed at a later date to be determined) Chapter 18 - Evaluation and IEP Development Transition from Infants and Toddlers Program Prior to Age 3: City Schools Early Learning Office IEP team will determine eligibility for Part B service. If the child is found eligible: Family Choice Options continue service under IFSP Terminate IFSP and develop an IEP Chapter 23 Discipline Procedures In-school suspension guidelines, manifestation determination following AES placement Revised August 2012 Introduction 2

18 Overview of the Special Education Process The school district will identify a child as possibly needing special education and related services. Through Child Find activities, the school system may identify children suspected of having a disability under IDEA In addition, parents or school staff members may refer a child for an evaluation to determine whether the child has a disability as defined in IDEA/COMAR. The school s IEP team (including the parents) will determine whether to conduct an evaluation. Parental consent is needed before the child can be assessed. The evaluation must be conducted by the 60 th calendar day from the date of parental consent but not to exceed 90 calendar days from the receipt of the referral. In this document, several types of days are discussed. School days refer to any day including partial day that children are in attendance at school for instructional purposes. Business days refer to any day when City Schools central office is open. Calendar days refer to standard days on the calendar. Unless otherwise specified, the word days refers to calendar days. The school s IEP team will evaluate the child. The IEP team will assess the child in all areas related to the child s suspected disability and use the evaluation results to decide the child s eligibility for special education and related services. If the parents disagree with the evaluation, they have the right to obtain an independent educational evaluation and request that the school district pay for the evaluation. The IEP team will decide whether the child is eligible. The IEP team and the parents will examine the child s evaluation results and together decide whether the child is eligible for, and in need of, special education and related services. Parents may ask for a hearing if they disagree with the eligibility decision. If the IEP team determines that the child is eligible for services, an IEP will be developed. If the IEP team determines that the child is eligible for special education and related services, the IEP team will meet to write an IEP for the child within 30 calendar days after the child is determined eligible. The IEP team will schedule an IEP team meeting. The IEP team will schedule an IEP team meeting at a time and place agreeable to the parents and the school staff and notify the parents early enough to make sure they have an opportunity to attend. The IEP team will inform the parents about the purpose, time, and location of the meeting; who will be attending; and their right to invite people to the meeting who have knowledge or special expertise about their child. The IEP team will conduct the IEP team meeting and write the IEP. At the IEP team meeting, the IEP team, including the parents and the child (when appropriate), will discuss the child s present levels of educational performance and needs and then write the child s IEP. Prior to the school providing special education and related services to the child for the first time, the parents must give consent to the implementation if the IEP. The child will Revised August 2012 Introduction 3

19 begin receiving services as soon as possible after receipt of parental consent. If the parents do not agree with the IEP and placement, they may discuss their concerns with the IEP team and try to work out an agreement. They may also file a complaint with the Maryland State Department of Education, request mediation, or ask for a due process hearing. The IEP team will provide special education services. The IEP team will ensure that the child s IEP is implemented as it was written and that the parents receive a copy of the IEP. Each of the child s teachers and service providers will have access to the IEP and will know his or her specific responsibilities for implementing the IEP. This includes the accommodations, modifications, and supports specified in the IEP. The IEP team will measure the child s progress and provide Quarterly IEP Report Cards to the parents. The child s service providers will measure their progress toward the annual goals, as stated in the IEP, and regularly inform the parents of the child s progress and whether that progress is sufficient for the child to achieve the goals by the end of the year. Progress reports are given to the parents at least as often as parents are informed of their nondisabled children s progress. The IEP team will review the child s IEP. The IEP team will review the child s IEP at least once a year, or more often if the parents or school staff ask for a review. If necessary, the IEP will be revised. Parents, as team members, will be invited to attend these meetings. Parents can make suggestions for changes and can agree or disagree with the IEP goals and/ or the placement. If the parents do not agree with the IEP and/or placement, they may discuss their concerns with the IEP team and try to work out an agreement. They also may request mediation, ask for a due process hearing or file a complaint with the Maryland State Department of Education. The IEP team will reevaluate the child. The IEP team, at least every three years, will consider the child for a reevaluation in order to determine the child s current educational needs and eligibility for special education and related services. The child will be reevaluated more often if conditions warrant or if the child s parent or teacher asks for a reevaluation. If applicable, IEP Team Considers Transition Services for the student. Transition services should be designed to facilitate the student s movement from school to postschool activities, including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation. In Maryland, beginning no later than the first IEP to be in effect when a student turns 14 years old, and younger if appropriate, a student s IEP must include appropriate measureable goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills Students with Disabilities May Exit Special Education Services and or City Schools. Any student with a disability may exit special education services due to returning to general education, graduating with a High School Diploma, receiving a High School Certificate of Completion, reaching 21 years of age, becoming deceased, moving while being known to be continuing in education, dropping out, and parental revocation of consent for services. Revised August 2012 Introduction 4

20 IDEA/COMAR Requirements: Purpose of Student Support Team Chapter 1 Pre-Referral Process Maryland state law requires that all public schools have active pupil services teams that serve students in a variety of ways. COMAR 13A CITY SCHOOLS PROCESS: Student Support Team In City Schools, the Student Support Team (SST) is a general education process that brings together school resources to support general education students and teachers. According to City Schools policy, the intent of the SST is to bring together expertise from several disciplines to assist teachers in prevention/intervention plans for individual students, classes, or school wide issues needing support. These areas of support include academics, attendance, behavior, and health. A flow chart documenting the SST process is presented at the end of this chapter. Additional questions about the SST process or 504 activities should be directed to Student Services at Continuum of SST Intervention Services When it becomes apparent to a staff member or parent that a student is not responding to standard teaching and behavior management techniques different approaches should be identified and attempted. These approaches should include documented evidence based interventions, such as positive behavioral support, scaffolding instruction, and differentiated instruction. A continuum of interventions can include: Teacher identified and implemented alternative teaching/ behavioral strategies using SST provided resources and/ or mentoring Grade level team consultation/ intervention Referral to SST for development and assistance with implementation of Prevention/ Intervention Plan Referral to IEP team for suspicion of a disability after sufficient interventions have been tried and the outcomes documented and collected All strategies and interventions tried prior to the referral to the IEP team (sample intervention materials, student work samples and ongoing data collection of best practices) should be documented on the teacher referral form for the IEP team. Relationship of the SST to Special Education SST services are not a substitute for special education, but rather serve the school by providing an overall mechanism by which students may receive additional academic or behavioral supports without entering the special education process. Revised August 2012 Chapter 1 5

21 If an SST member, teacher or parent suspects the existence of a disability, a referral to the IEP team must occur immediately. The SST process should continue to provide support/interventions to the student pending the results of the referral. Completion of the SST process is not a prerequisite to a referral to the IEP team and referral to the IEP team cannot be delayed until the SST process is completed. CITY SCHOOLS PROCEDURES: The Student Support Team (SST) process begins the day the teachers return from summer vacation Members of the SST are to be provided time to speak at faculty/staff meetings, team meetings, departmental meetings, Back to School Night, and PTA meetings regarding the SST process Faculty and staff are to have access to all SST forms and documents Members of the SST should review any cases referred after May 31 st of the previous school year An invitation to the SST meeting must be sent to the parent Parents and students should be encouraged to participate in the planning of the intervention plan SST is to meet no less than twice a month Due diligence is to be documented and kept on file regarding parent notification All referrals and data must be entered into the Student Management System (SMS) weekly Revised August 2012 Chapter 1 6

22 Student Support Service Flow Chart Students in Need of Interventions Student needs are identified (severity of need will dictate timelines to follow) Tier 1 Classroom Strategies and Grade Level Classroom strategies developed and implemented Grade level collaboration (strategies developed and implemented) Tier 2 SST referral is entered into SMS-SST Module and SST meeting is conducted within 10 Days (Student Intervention Plan created) SST compiles and reviews student data from a variety of sources SST develops Intervention Plan and schedules Review Meeting SST develops Plan and refers student to 504 Team if there is documentation of a disabling condition that requires accommodations SST develops plan and refers to IEP Team if educational impact is severe SST review/revised Plan 504 Team conducts 504 procedures IEP Team conducts IEP procedures SST ends Plan (no further strategies required) 504 Team or IEP Team may refer back to SST Tier 3 If too severe for SST Plan, student is referred to 504 Team or IEP Team Revised August 2012 Chapter 1 7

23 Revised August 2012 Chapter 2 8

24 Chapter 2 Child Find IDEA/COMAR Requirements: Child Find Child Find is an ongoing process to locate, evaluate, and identify all children with disabilities, from birth through 21 years of age, in Baltimore City who are eligible for early intervention or in need of special education services. This includes: Homeless children Children who are wards of the State Children who attend private schools in Baltimore City 34 CFR Referring a Child for a Child Find Evaluation A parent or a public agency may initiate a request for an initial evaluation to determine if a child is a child with a disability. The word parent includes a referral from an advocate or attorney representing a parent that is accompanied by a release signed by a parent authorizing the person to act on behalf of the parent. The word public agency includes MSDE, other school systems, Department of Health and Mental Hygiene, Department of Juvenile Services or any other state agency that is responsible for providing education to children with disabilities. 34 CFR Offering FAPE to Students with Disabilities The public agency must have in effect policies and procedures to ensure that FAPE is offered to all students who are identified with a disability and are domiciled within its jurisdiction without regard to whether the student is enrolled in the school system. 34 CFR CITY SCHOOLS PROCESS: The Child Find Office City Schools has a specific Child Find Office (200 East North Ave. Room 205) that is responsible for Child Find referrals. It accepts referrals for: Children ages 3 through age 21 who are not enrolled in school Children ages 3 through 21 who are enrolled in public, private and parochial schools A parent who contacts the Child Find Office regarding a child who attends City Schools is encouraged to contact the Principal or IEP chairperson at the local school where the child attends to initiate a Child Find referral. Revised August 2012 Chapter 2 9

25 The Child Find Office also conducts various outreach activities to notify parents, community groups and nonpublic schools, which includes private and parochial schools, of the services that are available to identify children in need of special education services, which fulfills the requisite under IDEA to locate all children with disabilities. Children who are in the birth to three-age range are referred to Baltimore City Health Department Infants and Toddlers Program at City Schools provides special education and related services to three and 4-year-olds attending community-based programs that include: home (for medically fragile children unable to attend school) and Head Start centers. The student s resident school facilitates the special education process. The resident school is the school the student would attend if enrolled in City Schools, based on their residence. The IEP team process for children who are dually enrolled in Head Start Programs and a City Schools preschool program is the responsibility of the attending school. For a child that receives related services at a Head Start program, a prevention plan must be submitted in order to alert the related service office of the need to assign a provider. See Chapter 17 for more information regarding the prevention plan process. Transition meetings for children age 3 to 5 with an Individualized Family Service Plan (IFSP) under the Family Choice option who are transitioning to an IEP are conducted by the Office of Teaching and Learning. Child Find for Students with Disabilities Domiciled within City Schools City Schools ensures that FAPE is offered to all students who are identified with a disability and are domiciled within its jurisdiction without regard to whether the student is enrolled in the school system. CITY SCHOOLS PROCEDURES: Referral Referrals are received by the Child Find Office via the Child Find Hotline ( ), Fax ( ), or U.S. Mail (200 East North Avenue Room 205 Baltimore, MD 21212) The Child Find Intake Clerk reviews the referral and assigns the child to the resident school IEP team The referral is forwarded to the IEP chair and principal of the resident school via The Child Find Intake Clerk makes an entry in SMS, enrolling the child in #888. The Child Find referral is entered into MDOIEP by the Intake Clerk The Child Find Intake Clerk follows up with the Principal and IEP team of the student s resident school to verify that an initial IEP team meeting has been scheduled for the referred child. The IEP team follows the procedures outlined in the section on the Evaluation Process (Chapter 9) Revised August 2012 Chapter 2 10

26 The 90-day evaluation timeline starts on the date the referral is received by City Schools Child Find Office If the resident school IEP team determines that, the child is eligible for special education services, the SMS status remains #888 until the child is enrolled If the resident school IEP team determines that the child is not eligible for special education services, the IEP team must notify the Child Find Office to withdraw the child from SMS City Schools IEP Team will follow procedures in Chapter 4, Parent Notification of IEP team meetings. NOTE: If the child is enrolled in a Head Start Program, the parent notification of IEP team meetings must indicate the following participants: Head Start teacher Head Start Disabilities Coordinator Head Start Special Education Consultant Child Find for Students with Disabilities Domiciled within City Schools City Schools ensures that FAPE is offered to all students who are identified with a disability and are domiciled within its jurisdiction without regard to whether the student is enrolled in the school system. The following steps should be taken: When a student is returning from DJS, the assigned school receives a placement letter indicating that the student must reenroll at that school within 10 days of the date of the letter A copy of the letter should be given to the IEP Chair and educational records requested from the DJS facility If the student has not enrolled within the 10 day period, the school must make diligent efforts to get the student enrolled. Documentation of the diligent efforts must be maintained in the confidential record After attempting documented diligent efforts and student has not enrolled by the 20 th day from the date of the placement letter, then the IEP Chair will contact their educational specialist to report the situation The Educational Specialist will follow up with the DJS Revised August 2012 Chapter 2 11

27 Revised August 2012 Chapter 2 12

28 IDEA/COMAR Requirements: Chapter 3 Parent and Parent Surrogates Under IDEA, the parent is defined as: The student s natural or adoptive parent A guardian appointed by the court An individual acting in the place of the natural parent and with whom the child lives, such as a grandparent, stepparent or other relative, or an individual who is legally responsible for the student s welfare A foster parent with whom the child lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the student in foster care A surrogate parent Revised August 2012 Chapter CFR In Maryland, a foster parent can serve as the parent, only if the court order clearly states that the foster parent has been granted limited guardianship for educational decision-making. If you have any questions regarding the court order, you must contact either the Office of Special Education or the Office of Legal Counsel at (410) The definition of parent does not include: An employee of a public agency responsible for the education or care of the student The state, if the student is a ward of the state COMAR 13A B. (52) The CEO on recommendation by the Office of Special Education appoints a Parent Surrogate when: No parent can be identified The whereabouts of the parent cannot be determined after reasonable efforts The student is a ward of the state (under the custody of the Baltimore City Department of Social Services) The student is an unaccompanied homeless youth 34 CFR Parent Surrogate Eligibility To be eligible as a parent surrogate an individual must: Be at least 21 years of age Have no interest that conflicts with the interest of the child Have the necessary skills that will insure adequate representation of the child in the education decision making process (training is available) Not be an employee of the Baltimore City Public Schools Not be an employee of the public agency involved in the care of the child (i.e. BC/DSS) Md. Educ. Code Ann (d)

29 The Parent Surrogate s Roles and Responsibilities The parent surrogate acts as an advocate on behalf of the child to assure that the child receives a free, appropriate public education by: Becoming familiar with the child s educational history Participating in the planning, development and approval or disapproval of the child s individual education program (IEP) Monitoring the child s educational development Acting as the child s parent advocate Representing the child in any due process procedure A Parent Surrogate cannot be appointed by the court. However, the court can grant limited guardianship for education to an individual (i.e. foster parent), therefore granting them the right to represent the named student in the IEP process. Under state and federal law, the parent surrogate has the same rights as do natural parents or guardians within the educational decision making process. CITY SCHOOLS PROCESS: City Schools requires IEP teams to ensure parent participation in the IEP process. If there is no parent or legal guardian identified/located, the Parent Surrogate Office must be contacted and procedures followed for the appointment of a Parent Surrogate. The Parent Surrogate Office is responsible for submitting the completed Request for Parent Surrogate form to the CEO for approval. When City Schools files a request for a parent surrogate, the CEO must appoint a parent surrogate within 30 days. CITY SCHOOLS PROCEDURES: When the school cannot discover the physical whereabouts of a child s parent(s) or cannot identify a child s parent(s): Reasonable efforts to locate the parent should be documented such as: o Contacting agency legally responsible for the child s care o Contacting known relatives of the child and other persons interested in the child o Contacting a social worker or pupil personnel worker to obtain a report and/or copy of the court order, if applicable o Efforts used to contact a parent may be used under these circumstances Within three business days of the determination that there is no parent or legal guardian to participate in the IEP process the IEP Chair submits a completed Request for Parent Surrogate form to the Parent Surrogate Office, 200 E. North Avenue, room 210 All relevant information, such as current court documents or documented efforts to locate the parent if applicable and available, should be attached. The Parent Surrogate Office may be contacted with questions at (443) (phone) and (410) (fax) If the foster parent has not been granted limited guardianship for educational for decision-making purposes by the courts and the parent can not be located, the IEP Chair Revised August 2012 Chapter 3 14

30 must submit a completed Request for Parent Surrogate form to the Parent Surrogate Office at 200 E. North Avenue, Room 210 An IEP team meeting cannot be scheduled or conducted without the appointment of a parent surrogate Note: A parent surrogate is not appointed for foster children whose parents are known and actively involved with the child. Revised August 2012 Chapter 3 15

31 Revised August 2012 Chapter 3 16

32 IDEA/COMAR Requirements: Chapter 4 Parental Notification of IEP Team Meetings The parent(s) of a student with a disability must be notified when City Schools schedules an IEP team meeting for the student to ensure that one or both of the parents are present at the IEP team meeting or afforded the opportunity to participate. 34 CFR (a) Timeline for Notifying Parent Parents must be notified of a scheduled IEP team meeting early enough to ensure that they will have the opportunity to arrange to attend. Efforts must be made to arrange the meeting at a mutually agreed upon time and place. 34 CFR (a) (1), (2) Maryland State law requires that the parent receive written notification at least 10 days before the IEP team meeting. If the notification is mailed, it must be mailed early enough to ensure that the parent receives the notification 10 days before the meeting. COMAR 13 A D. 5-Day Rule At least five (5) business days before a scheduled IEP team meeting or other multidisciplinary education team meeting, the parents are to receive an accessible copy of each assessment, report, data chart(s), draft IEP or other document the team plans to discuss at the meeting. A business day means a day when a public agency is open for business whether or not students are required to be in attendance for instruction. COMAR 13A B (9) School personnel must provide parents with: An accessible copy of each assessment Report Data chart(s) Draft Individualized Education Program (excluding the Placement Data page) Other document(s) the IEP team or other multidisciplinary education team plans to discuss at that meeting COMAR 13a.05.07D3 (a) Information Needed in the Meeting Notification For all IEP team meetings, notification must contain: The purpose of the meeting The time of the meeting The location of the meeting Titles of City Schools staff members who are expected to attend Information that the parent may invite other individuals to attend and participate as a member of the IEP team 34 CFR (b)(1) Revised August Chapter 4

33 Requirements for Transition Activities For IEP team meetings for a student with a disability who is 14 years old, or younger, if appropriate, notification must contain: All of the above Notification that the purpose of the meeting will be consideration of postsecondary goals and transition services for the student Identification of any other agencies that may be invited to send a representative to the meeting (i.e., DORS) COMAR 13 A D. (4) Requirements for Diligent Effort Examples of diligent efforts include: Detailed records of telephone calls made or attempted and the results of those calls Copies of correspondence sent to the parent and any responses received Detailed records of visits made to the parent s home or place of employment 34 CFR (d) Exceptions to Prior Notification Maryland State law permits fewer than 10 days notice to the parent if an expedited meeting is necessary to: Address disciplinary issues Determine the placement of the student with a disability not currently receiving educational services Meet other urgent needs of the student to ensure the provision of FAPE COMAR 13 A D (2) CITY SCHOOLS PROCESS: Timeline for Notifying Parent In order to ensure that the parent receives the notification letter 10 days prior to the scheduled IEP team meeting, the letter must be mailed at least 15 days prior to the scheduled meeting. The following documents must be submitted to the parent with the notification letter: Assessment, reports Progress reports Draft IEP (IEP - cover page, present level of academic and functional performance, goals/objectives and, accommodations/ modifications, and transition, if appropriate) Other information that will be discussed at the IEP team meeting In order to ensure parent participation, the IEP team must conduct and document three diligent effort attempts on different days prior to the meeting. At least one attempt must be made one day prior to the meeting date. Document all diligent efforts to notify the parent of the IEP team meeting on the Communication Log. See examples of diligent efforts explained above. Please refer to Chapter 3: Parent and Parent Surrogates if you discover the parent is a foster parent and is unauthorized to sign for the student s educational rights. Revised August Chapter 4

34 Exception to Prior Notification If the school is considering an expedited meeting to discuss placement outside of the current school setting, the IEP Chairperson should contact the assigned IEP team specialist before scheduling the IEP team meeting. If an expedited meeting is scheduled without the required 10-day notice, the parent must be notified by phone on the day the IEP chairperson schedules the meeting. A written notification must also be sent by U.S. mail within 24 hours of the phone call. If school personnel are unable to provide the parents with an accessible copy of the materials to be discussed at the IEP team meeting at least five (5) business days before the scheduled meeting, school personnel must document and communicate to the parents the nature of the extenuating circumstance that prevented school personnel from providing parents with accessible copies of the materials. Extenuating Circumstance has been defined as: A death in the family A personal emergency A natural disaster Any other similar situation defined by MSDE Waiver City Schools If a parent requests an IEP team meeting and the team and the parent agree to a meeting date that does not allow the IEP team to give the parent the requisite 10-day notice, then the parent must sign a waiver of the right to receive the notification 10 days before the IEP team meeting. The waiver statement is located on the Notice of Individualized Program (IEP) Team Meeting form in Maryland Online IEP. The parent must initiate the request for an expedited meeting. The IEP team cannot request a waiver in order it to meet a timeline requirement. Information Needed in the Meeting Notification The notification letter, completed on MDOIEP must include: The purpose of the meeting The time of the meeting The location of the meeting Titles of City Schools staff members who are expected to attend Information that the parent may invite other individuals to attend and participate as a member of the IEP team Staff members may be listed by position only. It is not required to provide the name of the actual person who will participate. Maryland Online IEP currently does not allow for selection of an attorney/lawyer as a participant. If a City Schools attorney is invited to participate, City Schools Representative must be selected on the form. After the form is printed, School Attorney must be written next to City Schools Representative. Revised August Chapter 4

35 Consultants or other persons brought by the parent are not required to be listed on the meeting notification. If Other Participants are listed on the meeting notice the IEP Chairperson must ensure that their title is included and handwritten. If a staff member is not listed by title, it is within the right of the parent to ask that the staff member who was not included on the list to leave the meeting. If a representative of an outside agency will be invited, the consent of the parent must be obtained prior to inviting the representative. See Chapter 7 on Informed Consent for more information. According to MSDE, parental consent is not required to invite a representative of MSDE s Division of Rehabilitation Services (DORS). The DORS representative, however, must be listed on the notification form as a person expected to attend the meeting. NOTE: If the child is currently enrolled in a Head Start Program the parent notification of IEP team meetings must indicate the following participants: Head Start teacher Head Start Disabilities Coordinator Head Start Special Education Consultant Parental Notification must be completed on the Maryland Online IEP. All of the required information is contained on the Notice of IEP team meeting Notification Form. Please make sure that the form is completed and accurate. Refer to the Maryland Online IEP User Guide for additional assistance. Meeting Without a Parent in Attendance The IEP team can meet without the parent if the public agency is unable to convince the parents that they should attend. The IEP team must keep a record of diligent efforts to inform the parent of the meeting and ensure the parent s participation. There must be a record of the attempts that the IEP team made to arrange a mutually agreed on time and place for the meeting. City Schools requires that at least three (3) attempts be made to notify the parent and arrange a mutually agreed on time and place for the IEP team meeting. Diligent efforts must be done on different days prior to the IEP team meeting. All diligent efforts must be documented in the Communication Log. If neither parent can attend, City Schools must offer other methods to ensure parent participation, including individual, video conference or teleconference calls. The offer to participate in another manner, such as by phone conference, must be documented in the Communication Log. Parents Who Speak a Language Other than English City Schools must provide an interpreter for a parent with deafness or whose native language is other than English. Revised August Chapter 4

36 CITY SCHOOLS PROCEDURES: The IEP team should follow the process flow chart below to ensure compliance with parent notification of the meeting. PARENT NOTIFICATION FLOW CHART Note: The following is a general outline of the process for parent notification of IEP team meetings. Refer to Chapter 4 for specific details on each step. Day 18 Gather all required documents that must be submitted with parent notification Print completed notification from Maryland Online IEP Day 15 Mail the parental notification, 5 day letter, Procedural Safeguards and Parental Rights Booklet, a draft copy of the IEP, all formal/informal assessment reports and any other documents that will be discussed Document the materials that were sent on the Communication Log Maintain copies in student s IEP folder Day 8 Try to contact the parent to verify the receipt of information If a parent has not been contacted, discuss with school staff strategies to make parent contact Document all diligent efforts made to contact the parent Day 5 If a parent has not been contacted, make a diligent effort to contact the parent Day 1 If a parent has not been contacted, make a diligent effort to contact the parent Day 0 Conduct and close the IEP team meeting Revised August Chapter 4

37 Revised August Chapter 4

38 IDEA/COMAR Requirements: Chapter 5 Procedural Safeguards Notice A copy of the Procedural Safeguards available to the parents of a child with a disability must be given to the parents only one time during the school year. It is usually given to parents at the student s IEP review meeting. However, four additional circumstances require the public agency to provide the parents with the Procedural Safeguards notice. These circumstances are: Upon initial referral or parent request for an evaluation Upon receipt of a filing of the first state complaint or due process complaint in a school year On the date that City Schools decides to make a disciplinary removal for a student that will constitute a change in placement (a disciplinary removal that will place the student beyond the 10 th day of removal) Upon parent request 34 CFR (a) The Parental Rights Maryland Procedural Safeguards Notice Infants and Toddlers/Preschool Special Education and Special Education (Updated January 2010) provides parents with information about the special education process and their rights under IDEA. The notice must be written in language that is understandable to the general public. City Schools uses the Procedural Safeguards document prepared by MSDE. COMAR 13A A Parents Whose Native Language Is Not English The notification must be provided to the parent in the native language or other mode of communication used by the parent. The notification can be downloaded from the MSDE website in the following languages: Amharic, Arabic, Chinese, French, Haitian Creole, Hindi, Korean, Portuguese, Russian, Spanish, Tagalog, Urdu and Vietnamese. The web address is 34 CFR (d) If the native language or other mode of communication of the parent is not a written language, then City Schools must translate the notice orally or by other means to the parent in his or her native language or other mode of communication and ensure that the parent understands the content of the notice. The IEP Chair must document in writing that this requirement has been met. For information on having documents translated, contact the Office of Intra-agency Support Services at Information Included In the Procedural Safeguards Notice The procedural safeguards notice must contain a full explanation of all of the procedural safeguards available under IDEA 2004 relating to: Independent educational evaluations Revised August Chapter 5

39 Prior written notice Parental consent Access to education records Opportunity to present and resolve complaints through the due process complaint and State complaint procedures The availability of mediation The child s placement during the pendency of any due process complaint Procedures for students subject to placement in an interim alternative educational setting Requirements for unilateral placement by parents of children in private schools at public expense Hearings on due process complaints State-level appeals Civil actions Attorneys fees CITY SCHOOLS PROCESS: 34 CFR (c) City Schools requires that the parent receives the Parents Rights/ Procedural Safeguards Notice annually. The Parents Rights Book is sent to the parent with the meeting notification letter for the student s annual review meeting. In addition the parent must receive a copy of the procedural notice: When the initial referral is made When a state or due process complaint is filed On the date that City Schools Administrator makes the decision to make a disciplinary removal for a student, whether it is: in-school/short term or extended suspension, The Parents Right Booklet is given to the parent each time there is a disciplinary removal of any kind The Administrator must document that the procedural safeguards were provided to the parent (on the day the decision to remove/suspend the student was made) by checking the box at the bottom of the (in-school/short-term/extended) parent suspension letter located in SMS Upon parent request CITY SCHOOLS PROCEDURES: The IEP Chairperson documents on the Communication Log/Parent Contact Log whenever the procedural notice is sent or provided to the parent. In addition, the IEP Chairperson must also document on the: Parental Notice of IEP Team Meeting whenever the Procedural Safeguards booklet is provided to the parent Manifestation Determination form the day the decision to remove/suspend the student was made Revised August Chapter 5

40 Chapter 6 IEP Team Composition and Excusal of Required IEP Team Members IDEA/COMAR Requirements: IDEA 2004 requires that the decisions regarding the educational programming for a student with a disability be made by a group of individuals called the IEP team. The IEP team is responsible for evaluating the student, developing and implementing the educational program for the student and evaluating progress. Members of the IEP team fall into two subgroups: 1) team members who are required; and 2) team members whose attendance is discretionary. 34 CFR (a) IEP Team Members who are Required to Attend The parent/guardian(s) of the student with a disability Not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment). If the student does not have a regular teacher, or is younger than school age, the regular educator shall be an individual qualified to teach a student of the student s age. If the student attends a comprehensive school and has a regular educator for any subject, including a resource subject, this is the regular educator who must attend the meeting Not less than one special education teacher of the student or, where appropriate, not less than one special education provider of the student. If the student does not have a special education teacher (e.g. during the initial evaluation process), a special educator assigned to the school who is familiar with the student s age and grade level needs may participate. Under Maryland law, the following can be special education providers: speech-language pathologist, or an individual who provides travel training, career and technology education or physical education if the service consists of specially designed instruction. These persons can substitute for the special education teacher only if the student does not have a special education teacher who provides specially designed instruction. COMAR 13 A B. (71) A representative of City Schools who is: Qualified to provide or supervise the provision of specially designed instruction Knowledgeable about the general education curriculum Knowledgeable about the availability of resources of City Schools An individual who can interpret the instructional implications of evaluation results. This person may also serve the role outlined as a special educator or regular educator. When appropriate, the student, age 14 and older, must be invited if a purpose of the meeting will be the consideration of postsecondary goals and transition services. Revised August Chapter 6

41 When appropriate, an outside agency, such as the Division of Rehabilitation Services (DORS), Mental Health Administration (MHA), or Developmental Disabilities Administration (DDA). An outside agency representative should be invited if there is communication that they will be paying for services at a later date 34 CFR (a) (1-5) Others Who May Participate City Schools may invite other individuals who have special knowledge or expertise of the child. The school should always consider if there are other school staff who have information that would be useful to the IEP team. These staff persons include related services personnel, the special education coordinator, guidance counselor, etc. 34 CFR (a) (6, 7) Representative from an agency that may be providing or paying for transition services. 34 CFR (b) (3) For the initial IEP team meeting for a child transitioning from Part C, the Part C service coordinator or other representative of the Part C system must be invited if the parent requests that these persons be invited. 34 CFR (f) When a Team Member Is Unable to Attend A required IEP team member can be excused from the IEP team under two circumstances. These are outlined below. The required IEP team member s area of curriculum is not being discussed. The parent of the student and the public agency must agree in writing that the attendance is not necessary because the team member s area of curriculum or related services is not being discussed or modified. The parent must agree in writing that the team member can be excused. 34 CFR (e) (1) The required IEP team member s area of curriculum is being discussed. A required member of the IEP team may be excused from the IEP team meeting when the meeting involves a modification to or discussion of the member s area of the curriculum or related services, if : o The parent and City Schools representative (principal of the school) consent in writing to the excusal o The member submits input relating to the development of the IEP in writing to the parent and City Schools representative (principal of the school) prior to the meeting 34 CFR (e)(2) The Comments and Analysis to the Federal Regulations state that Allowing IEP Team members to be excused from attending an IEP team meeting is intended to provide additional flexibility to Revised August Chapter 6

42 parents in scheduling IEP team meetings and to avoid delays in holding an IEP team meeting when an IEP Team member cannot attend due to scheduling conflict. CITY SCHOOLS PROCESS: City Schools requires the IEP Chairperson to notify mandatory IEP team members of scheduled IEP team meetings. To ensure timely submission of all required documents, the IEP team must be notified when the IEP team meeting is scheduled. CITY SCHOOLS PROCEDURES: Notification of the IEP Team In order to ensure timely submission of all required documents, the IEP team must be notified when the IEP team meeting is scheduled. The IEP Chairperson should document in the Communication Log/Parent Contact Log when and how (i.e. copy of notice, , meeting agenda, etc.) the IEP team members were notified. Any City Schools staff member who is being invited to participate in the meeting must be listed at the bottom of the parent notification of the IEP team meeting. If the IEP team is planning to invite a representative from an outside agency to an IEP team meeting, the IEP team must have informed consent from the parent to invite the representative from the outside agency. Informed consent is not needed to invite a representative from DORS to an IEP team meeting. See Chapter 4 for additional information. Public Agency Representative In City Schools, it is essential that the principal, as the instructional leader in the school, generally serve as the public agency representative at IEP team meetings. However, it is recognized that time constraints may prohibit consistent principal participation in IEP team meetings. If the principal is unable to attend the IEP team meeting, the principal can designate the assistant principal, the IEP chair or another staff member (who meets the requirements stated in IEP Team Members section of this chapter) to serve as the Public Agency Representative. By principal designation, this person has the authority to dedicate the resources of the school to meet the student s individual needs. The individual designated as the public agency representative at an IEP team meeting must remain and participate for the entire IEP team meeting. The representative should not change during the IEP team meeting. Submission of Documentation for Excused Member No fewer than five days prior to the meeting, the excused member must submit to the parent and IEP team all required documentation that would substitute for an oral presentation. This documentation is in addition to any traditional written reports that must be submitted to the parent. Failure to provide these documents can have an adverse impact on parent s right to participate in the IEP team meeting and could lead to an allegation that a student was denied Revised August Chapter 6

43 FAPE because the documents were not provided. A parent may request that the IEP team reschedule the IEP team meeting because the documents were not provided in a timely manner. The Excusal from the IEP team meeting form is located in the Maryland Online IEP. It must be completed and signed by both the parent and principal in order for consent to be granted. Every effort must be made to have all of the required IEP team members at the IEP team meeting. Only in exceptional circumstances should the excusal process be used. Revised August Chapter 6

44 IDEA/COMAR Requirements Chapter 7 Informed Consent Informed Consent Under IDEA 2004, informed consent means: The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication The parent understands and agrees in writing to carrying out of the activity for which his or her consent is sought The consent describes the activity and lists the records (if any) that will be released and to whom The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time If a parent revokes consent, that revocation is not retroactive (i.e. it does not negate an action that has occurred after the consent was given and before the consent was revoked) 34 CFR Initial Evaluation The Public Agency must obtain informed consent from the parent before conducting an initial evaluation to determine if a child qualifies as a child with a disability. Reasonable efforts must be made to obtain the informed consent. Parental consent for initial evaluation must not be construed as consent for the initial provision of services. 34 CFR (a)(1) Parent Does Not Provide Consent If the parent of the child suspected of having a disability does not: Provide consent for the initial evaluation The parent fails to respond to a request to provide consent City Schools may pursue the initial evaluation of the child by utilizing the procedural safeguards outlined in the federal regulations, including mediation or due process procedures. 34 CFR (a)(3) When Informed Consent from the Parent for an Initial Evaluation Is Not Required If the child referred for an initial evaluation is a ward of the State and not living with the child s parents, City Schools is not required to obtain informed consent from the parent if: City Schools cannot discover the whereabouts of the parent of the child despite reasonable efforts The rights of the parents have been terminated in accordance with State law The rights of the parent to make educational decisions has been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by a judge to represent the child 34 CFR (a)(2) Revised August Chapter 7

45 Consent for Reevaluation In most cases, City Schools must obtain informed parental consent prior to conducting any reevaluation of a student. 34 CFR (c) If the Parent Refuses to Provide Consent If the child s parent refuses to consent to the reevaluation, City Schools may pursue the reevaluation by utilizing the procedural safeguards outlined in the federal regulations, including mediation and due process procedures. When Parental Consent Is Not Required City Schools does not need to obtain informed parental consent if it demonstrates: 34 CFR (c)(1)(ii) It made reasonable efforts to obtain such consent The child s parent has failed to respond 34 CFR (c)(2) Initial Consent for Services City Schools must make reasonable efforts to obtain informed consent from the parent before the initial provision of special education and related services to the child. 34 CFR (b) (1, 2) Reasonable Efforts To meet the reasonable efforts requirement, City Schools staff must document on the Communication Log attempts, such as: 1. Detailed records of telephone calls made or attempted and the results of those calls. 2. Copies of correspondence sent to the parents and any responses received. 3. Detailed records of visits made to the parent s home or place of employment and the results of those visits. 34 CFR (d) If the Parent Does Not Provide Consent If the parent fails to respond or refuses to consent to services, City Schools may not use the mediation or due process procedures to obtain agreement or a ruling that services may be provided to the student. The student remains a general education student. 34 CFR (b)(3) Responsibility of the IEP Team If the Parent Does Not Consent to Services If the parent refuses to consent to the initial provision of services or fails to respond to the request to provide consent, City Schools will not be considered in violation of the requirement to make FAPE available to the student. Additionally, the IEP team is not required to convene an IEP team meeting or develop an IEP for the student. 34 CFR (b) (4) Revised August Chapter 7

46 Release/ Receipt of Information Regarding a Student City Schools must obtain informed parental consent before releasing personally identifiable information about a student unless the disclosure is authorized without parental consent under the Family Education Rights and Privacy Act (FERPA). This includes obtaining parental consent, or the consent of an eligible child who has reached the age of majority, before releasing information to officials of agencies providing or paying for transition services. 34 CFR Requesting Records from Another School District Informed consent is not required before forwarding a student s records to another LEA in which the student has enrolled. The records should not be sent until the enrolling school requests the records. However school districts can require a signed consent and it must be provided if requested. 34 CFR (a) Exception to Above: Nonresident Parentally Placed Private School Students For a child who is enrolled or is going to enroll in a private school that is not located in the LEA of the parent s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the LEA where the private school is located and officials in the LEA of the parent s residence. 34 CFR (b)(3) Requesting Records from an Outside Agency City Schools must obtain informed parental consent before requesting information about a student from any outside agency or individual unless the disclosure is authorized without parental consent under FERPA. The consent must specify the information that is being requested or released. See Student Records Chapter 27 for more information. Inviting Outside Agency Staff to an IEP Team Meeting for Transition Informed consent must be received from the parent or an eligible student who has reached the age of majority before inviting staff from outside agency to participate in transition planning for a student (with the exception of DORS). 34 CFR (b) (2) Excusing an IEP Team Member Informed parental consent must be obtained before excusing a required IEP team member whose area of curriculum will be discussed at an IEP team meeting. See Chapter 6 for detailed information. CITY SCHOOLS PROCESS: Obtaining Informed Consent City Schools has a legal obligation to ensure that informed parental consent is obtained before City Schools: Evaluates a student Reevaluates a student Initiates special education services for a student Revised August Chapter 7

47 Releases or receives information regarding a student Invites a representative from another public agency (except for DORS) who may be providing transition services to a student to an IEP team meeting for the student Excuses an IEP team member whose area of curriculum or related services will be modified at an IEP team meeting There must be a court order with language that pertains to options b. or c. from Item #2 above (IDEA/COMAR Requirements) before the evaluation can proceed without parental consent. Additionally, the IEP team should proceed promptly to secure a parent surrogate for the student if any of the above circumstances apply. The ability to proceed on an Initial Evaluation without a signed informed consent only applies in very limited circumstances. The purpose of the exception is to allow the evaluation to proceed without undue delay while the IEP team secures a parent surrogate for the child. It only applies to the consent for the evaluation. It does not apply to any other part of the process. The IEP team must document three (3) separate diligent efforts to satisfy the reasonable efforts requirement. See chapter 4 for the definition of diligent effort CITY SCHOOLS PROCEDURES: Parent Refuses Consent for Initial Evaluation The IEP team may contact City Schools Due Process/ Procedural Safeguards Unit ( ) to pursue obtaining consent for the initial evaluation through due process. Parent Refuses Consent for Initial Provision of Services If the parent refuses to consent to the initial provision of services or fails to respond to the request to provide consent, City Schools will not be considered in violation of the requirement to make FAPE available to the student. Additionally, the IEP Team is not required to convene an IEP team meeting or develop an IEP for the student. Parent Revokes Consent for Continuing Services If the IEP team convenes a meeting to discuss the decision with the parent to discontinue services, the parent can (but does not have to) sign the Consent to Dismiss and to Discontinue Special Education Services. The IEP team must fully document the discussion and the decision of the parent to discontinue services for his/her child. Revised August Chapter 7

48 Chapter 8 Prior Written Notice to Parents Regarding IEP Team Decisions IDEA/COMAR Requirements: Prior Written Notice means written notification to parents informing the parent of the actions that City Schools proposes to take or refuses to take regarding the educational program of their children. The notice must be given to the parent after the discussion at the IEP team meeting about the IEP services and placement for the student and before the IEP is implemented. Notice to Parents with Primary Language other than English Provide the parent with the written notice in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. 34 CFR (c)(1)(ii) If the native language or other mode of communication of the parent is not a written language, City Schools must ensure that: The notice is translated orally or by other means to the parent in his or her native language or other mode of communication The parent understands the content of the notice There is written evidence that City Schools translated the notice for the parents 34 CFR (c)(2) For information on having documents translated, contact the Office of Intra-agency Support Services at What to Include In the Notice The written notice must include the following: A description of each action proposed or refused by City Schools An explanation of why City Schools proposes or refuses to take each action A description of each evaluation procedure, assessment, record or report that City Schools used as a basis for each proposed or refused action A statement that the parents of the student with a disability have protections under the procedural safeguards of the Individuals with Disabilities Education Improvement Act (IDEA 2004) and its implementing regulations and, if this notice is not an initial referral for an evaluation, the means by which a copy of the description of the procedural safeguards can be obtained Sources for the parents to contact to obtain assistance in understanding their rights under IDEA 2004 and its implementing regulations A description of other options that the IEP team considered and the reasons why those options were rejected A description of other factors relevant to City Schools proposal or refusal 34 CFR (b) Revised August Chapter 8

49 City Schools must ensure that the notice is provided in language understandable to the general public. 34 CFR (c) (1) (i) Timeline for Providing Prior Written Notice Provide parents with written notice whenever City Schools: Proposes to initiate or change the identification, evaluation or educational placement of a student with a disability or the provision of free appropriate public education (FAPE) to the student Refuses to initiate or change the identification, evaluation or educational placement of a student or the provision of FAPE to the student 34 CFR (a) The written notice is provided to the parent after the IEP team meeting at which decisions were made and prior to the implementation of any changes or refusals to change the identification, evaluation or educational placement or provision of FAPE to the student. CITY SCHOOLS PROCESS: City Schools requires the IEP chairperson to provide the parent with written notice of the actions that city schools proposes to take or refuses to take regarding the educational program of their children. The notice must be given to the parent after the discussion at the IEP team meeting about IEP services and placement for the student and before the IEP is implemented. The written notice must be provided to the parent whether or not the parent attends the IEP team meeting. The IEP chairperson must maintain documentation of the provision of prior written notice on the parent contact log/communication Log, as well, on the Prior Written Notice form found in MDOIEP. CITY SCHOOLS PROCEDURES: Written notice to the parent addressing actions City Schools will or will not take, must be documented: in the parent input section of the IEP as well as on the prior written notice form found in MDOIEP The IEP Chairperson must ensure that the following is included in the prior written notice: A description of each action proposed or refused by City Schools An explanation of why City Schools proposes or refuses to take each action A description of each evaluation procedure, assessment, record or report that City Schools used as a basis for each proposed or refused action A statement that the parents of the student with a disability have protections under the procedural safeguards of the Individuals with Disabilities Education Improvement Act (IDEA 2004) and its implementing regulations and, if this notice is not an initial referral for an evaluation, the means by which a copy of the description of the procedural safeguards can be obtained Revised August Chapter 8

50 Sources for the parents to contact to obtain assistance in understanding their rights under IDEA 2004 and its implementing regulations A description of other options that the IEP team considered and the reasons why those options were rejected A description of other factors relevant to City Schools proposal or refusal Documenting Prior Written Notice on the Maryland Online IEP Appropriately completing the Discussion to Support Decisions and Documenting Basis for Decision(s) sections on the Maryland Online IEP provides Prior Written Notice to parents. Note: Prior written notice must be given for each action that the IEP team discussed. Revised August Chapter 8

51 Revised August Chapter 8

52 IDEA/COMAR Requirements: Chapter 9 The Evaluation Process Evaluation Process An evaluation is a process by which the IEP team, including the parent, uses a variety of assessment tools and strategies to gather relevant functional, academic and developmental information about the student to determine whether the student is a student with a disability. This information will also be used to assist in determining the content of the student s IEP if the student is determined to need special education services. COMAR 13A B (1)(2)(3) Timeline for Completing the Referral A student with a suspected disability who may need special education shall be referred in writing. The student s parent or a representative of a public agency may initiate an initial referral. COMAR 13A A (1) and (2) The IEP team must complete an evaluation of a student for suspected disabilities within 60 days of the parental consent for assessment or 90 days of the written referral. COMAR 13A A. (1)(A), (b) All documents that should be discussed at the initial meeting must be submitted to the parent five (5) business days prior to the meeting. This means that all documentation should be submitted with the notice of invitation to the meeting. COMAR 13A B (9) Exceptions to the Timeline for Completion of an Initial Evaluation The timeline for completion of the initial assessment does not apply if: 1. The parent of the student repeatedly fails or refuses to produce the student for assessments 2. A student enrolls in a different public agency before the completion of the initial evaluation initiated by the student s former public agency of enrollment 34 CFR (d) The exception in #2 above only applies if: (1) The subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation; and, (2) The parent and the public agency agree to a specific time for completion of the evaluation. 34 CFR (e) IEP Team Meetings The IEP team must meet and obtain parental consent to conduct an evaluation before the initial provision of special education and related services to a student with a disability. The IEP team Revised August Chapter 9

53 must also meet to develop, review and revise, as appropriate, a student s IEP in accordance with 34 CFR COMAR 13A B (1) Initial IEP Team Meeting: Review of Existing Data The IEP team and other qualified professionals, as appropriate, must review the existing evaluation data on the student. This includes, but is not limited to: Data recorded on the referral form completed by the teacher All evaluations and information provided by the parents Current classroom-based, local or state assessments Classroom-based observations Observations by teachers and related services providers Report cards Health records or concerns Work samples Attendance data SST information Discipline data Outside agency information Revised August Chapter 9 34 CFR (a)(1) From this information, the IEP team determines if the student is suspected of having a disability under IDEA. 34 CFR (a) 2)(i)(A) Additional Data Needed Ordering Assessments Assessment and other evaluation materials include those designed to assess specific areas of educational needs, such as speech, language, academic performance, etc., and not just assessments designed to provide a general intelligence quotient. 34 CFR (b) (2) Note: See the Reference Chart at the end of this chapter for examples of types of assessments that the IEP team may consider. Scope of Assessment The IEP team must make sure that the student is assessed in all areas related to the suspected disability or disabilities. This includes, if appropriate: General intelligence Academic Achievement Communication Social/ emotional/ cognitive status Motor abilities Sensory (vision and hearing) Health/ medical Adaptive functioning Vocational/ occupational

54 Assistive Technology 34 CFR (c) (4) Selection of Assessments City Schools is required to use technically sound instruments for assessment that may assess the contribution of cognitive and behavioral factors, in addition to physical or developmental factors. No single assessment can be used as the sole criterion for the determination that a student is a student with a disability under IDEA. The assessments used: Are selected and administered so as not to be discriminatory on a racial or cultural basis Are provided in the student s native language or other mode of communication and in a form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally Are used for the purposes for which the assessment is valid and reliable Are administered by trained personnel Are administered in accordance with the instructions provided by the producer of the assessment Are selected and administered to ensure that the assessment accurately reflects a student s aptitude or achievement level rather than reflecting the student s impaired sensory, manual or speaking skills Provide relevant information that directly assists the IEP team in determining the educational needs of the student 34 CFR (b) Assessment Reports A written report of the results of each assessment ordered must be available to the parent at the IEP team meeting convened to review the results of the evaluation. The report must contain a validity statement and a reliability statement and must be signed by the assessor and dated. 34 CFR (a) (2); (a) (1) (iii) Each report of assessment procedures must include: A description of the child s performance in each area of suspected disability Relevant functional, cognitive, developmental, behavioral, and physical information Instructional implications for the child s participation in the general curriculum or, for a preschool child, participation in appropriate activities For any assessments not administered under standard conditions, a description of how it varied from standard administration procedures Parental Consent Written parental consent must be obtained before the administration of any assessments. CITY SCHOOLS PROCESS: 34 CFR (a) Revised August Chapter 9

55 Referral Procedures A student suspected of having a disability under IDEA should be referred to the IEP team for evaluation. The child can be referred by the parent or by the public agency (City Schools). The evaluation must be sufficiently comprehensive to identify all of the student s special education and related services needs, whether or not these needs are commonly linked to the disability category in which the student is classified. The referral can be made by the teacher, student support team (SST), the parent, from an attorney or other person advocating for the parent. Although a teacher may directly refer a student to the IEP team, the teacher is encouraged to also refer the student to SST while the IEP process is being conducted. Timeline for Completing the Evaluation Process An IEP team meeting must be scheduled within 15 calendar days of receipt of the referral to allow sufficient time to order and complete any required assessments. An IEP team shall complete an initial evaluation of a student: Within 60 days of parental consent for assessment Within 90 days of the receipt of the referral Initial IEP team meeting The initial IEP team meeting for a referred student can result in three outcomes, all of which are related to if the student has a disability listed under IDEA 2004: No disability is suspected - not eligible A disability is suspected but there is insufficient data to determine if the suspected disability exists or the level of educational impact of the disability (assessments must be ordered to determine if student has the suspected disability and/or level of educational impact of the disability) There is sufficient documentation to support the existence of a disability and the level of impact the disability has on the student s ability to access and make progress in the general curriculum Parent Attends Meeting and Signs the Consent at the Meeting The assessments must be completed and the IEP team meeting held to review the assessments and determine eligibility within 60 days of the signed consent if the 60 th day occurs before the 90 th day from the written referral. Parent Signs the Consent but the Student is Unavailable for Testing Student may not be available for a variety of reasons (absences, hospitalization, relocation, family crisis etc). Documentation must be maintained to show diligent efforts to assess the student. Parent Does Not Sign the Consent for Assessments at the Initial IEP Team Meeting The assessments must be completed and the IEP team meeting held to review the assessments within 60 days of the signed consent but no more than 90 days from the written referral. Documentation must be maintained to show diligent efforts to obtain parent s signature. If parent permission to assess is not obtained the IEP team may pursue assessment through Revised August Chapter 9

56 mediation or due process by contacting the Due Process/Procedural Safeguard Unit at Disability Is Not Suspected After reviewing the existing data, the IEP team may determine that a student is not suspected of having a disability under IDEA. The IEP team will not order assessments for a student who is not suspected of having a disability. The IEP team must document that all areas of suspected disability were considered. The evaluation process is completed upon a finding that a student is not suspected of having a disability under IDEA. A student who is not suspected of having a disability should be referred to the SST to determine the need for an intervention plan. The Prior Written Notice form must clearly state that the student is not suspected of having a disability and must document the reasons that a disability is not suspected. The Prior Written Notice form must identify the specific information that the IEP team reviewed to reach its decision that the student was not suspected of having a disability. The team discussion and decisions are documented in MD Online on the Notice and Consent for Assessment and Prior Written Notice forms.. The completed Notice and Consent for Assessment, Child Find Referral, and Prior Written Notice forms must be provided to the parent not later than five (5) business days after the IEP team meeting has been conducted. Disability Is Suspected If the student is suspected of having a disability, the IEP team determines any additional assessments required. If no additional assessments are required, the IEP team documents this decision on the Notice and Consent for Assessment and Prior Written Notice forms. If additional assessments are, needed the IEP team will select appropriate assessments and document the decision on the Notice and Consent for Assessment and Prior Written Notice forms. Selection of Assessments The IEP team must select assessments in the suspected area that will enable them to determine whether a student has a disability and provide information about the student s levels of academic performance and functional needs. The IEP team must carefully consider all areas of suspected disability suggested by student records, parent concerns, or teacher concerns and observations. The student s classroom teacher is a critical part of the evaluation process in providing information about: research based interventions used to assist the student, work samples, performance on bench mark assessments, and teacher observation of student performance relative to peers. A classroom observation is useful to assist teams in determining student s present level of functioning in the classroom environment and must be conducted if a student is suspected of having a specific learning disability (See Chapter 11 on Specific Learning Disability if more information is needed) Revised August Chapter 9

57 CITY SCHOOLS PROCEDURES: Referral by Teacher Go to and complete the MDOIEP Child Find Referral form Upon completion print the MDOIEP Child Find Referral form and immediately submit the MDOIEP Child Find Referral form to the IEP team The IEP team must maintain a completed copy of the MDOIEP Child Find Referral form in a newly created folder for the student being referred Referral by Student Support Team (SST) SST completes the MDOIEP Child Find Referral All supporting documentation from SST must accompany the completed MDOIEP Child Find Referral form For additional information refer to Chapter 1: Pre-Referral Process section (Relationship of the SST to Special Education) The IEP team must: o Create a new folder for the student being referred o Print out and maintain a completed copy of the MDOIEP Child Find Referral form in the folder while the IEP is determining whether a student is eligible for special education services o Place the IEP folder in the active files if the student is found eligible o Place the folder in the inactive files if the student is found not eligible Referral by Parent The referral request from the parent should be written, signed and dated by the parent The referral should state that the parent suspects the student of having a disability and/ or request an evaluation for special education services The referral request made by the parent must be given to the IEP team on the same day The parent must be given a copy of their written referral The IEP process timeline starts the day of the receipt of the written referral made by the parent or made by a City Schools employee requesting an evaluation for special education services Upon receipt, the written referral request is placed in a newly created folder for the student The teacher completes the MDOIEP Child Find Referral form with the support of the o IEP team including information regarding parent concerns Referral by Attorney or Other Person The referral request should be accompanied by a release of information authorizing the attorney or advocate to discuss the student with the school team If there is no release authorizing the person to act on behalf of the parent, the parent must be contacted before any action is taken If step 1 is appropriately followed, then the IEP team must maintain a copy of the referral for the student in a newly created folder Revised August Chapter 9

58 At the initial meeting, the IEP team will review all information and determine if the student is suspected of a disability. If the team does not suspect a disability, then the IEP team can refer the student to SST for possible interventions. If a disability is suspected, the IEP team must determine if additional data is needed. Timeline for Completing the Evaluation Process The referral is received Schedule an IEP team meeting within 15 calendar days of receipt of referral (step 1); Follow the step appropriate for your current circumstances Parent attends IEP team meeting and signs consent for assessments o Conduct and review all assessments within: 60 days of the signed consent 90 days of the written referral Keep all documentation in the newly created folder for the referred student Parent does not sign the consent for assessments o Document diligent effort to obtain the parent s signature (refer to chapter 14 for clarification on diligent effort) o Keep all documentation in the newly created folder for the referred student If parent permission is not obtained, the IEP Chairperson may pursue assessment through mediation or due process by contacting the Due Process/Procedural Safeguards Unit at Exceptions to the Timeline for Completion of an Initial Evaluation Follow the steps appropriate for each of the circumstances Parent of student repeatedly fails or refuses to produce student for assessments IEP team must maintain documentation showing diligent effort was made to assess the student (refer to chapter 4 for clarification on diligent effort) or Student is transferring out of City Schools prior to completing their evaluation process the IEP team must maintain the following; Documentation of the transfer Documentation of notification to the receiving LEA that student is in the evaluation process or Student still undergoing the evaluation process is entering City Schools from another LEA IEP team must contact student s prior school and identify if any assessments of the student are outstanding IEP team must conduct any outstanding assessment from the student s prior school IEP team must contact parent of student and schedule an IEP team meeting IEP team is encouraged to contact an educator at the student s prior school who can offer valuable input at the student s upcoming IEP team meeting IEP team must review assessments at IEP team meeting and determine if the student does or does not have a disability that is adversely impacting his or her education Parent Request for Delay Revised August Chapter 9

59 If parent requests a delay in the evaluation process the parent must put the request in writing The IEP Chairperson must document and maintain the request in the confidential folder of the student Noncompliance to the Required Timelines Students found eligible for IEP services will require the following: Discussion of impact of harm Make up service procedures as described in Chapter 13 Disability Is Not Suspected Once it is determined that the student is not suspected of having a disability, the IEP team will not order assessments. However the Notice and Consent for Assessment (Initial) is completed indicating no assessments needed and no disability suspected. The student not suspected of having a disability is referred to the SST to determine the need for an intervention plan The prior written notice must identify and document the following: o A statement that the student is not suspected of having a disability o Include all disabilities discussed and the reasons that the team did not suspect it o The reasons that the student is not suspected of having a disability o Specific information that the IEP team relied on to reach their decision that the student is not suspected of having a disability The Child Find Referral, Prior Written Notice, and the Notice and Consent for Assessment (Initial)-No Assessment Needed forms document team discussions and decisions Parent concerns about all decisions and discussions which were a part of the IEP team initial meeting Provide the completed Child Find Referral, Prior Written Notice, and Notice and Consent for Assessment (Initial)-No Assessment Needed forms to the parent no later than five (5) business days after the IEP team meeting has been conducted Disability Suspected - No Additional Data Needed Document all the areas of the student s suspected disability on the Notice of Consent for Assessment (initial) - No Assessments Needed indicating disability is suspected, no additional information needed. (This should be a rare occurrence. The IEP team should not rely on all outside assessment information) Meeting becomes the Eligibility Meeting (see Chapter 10) Process for Ordering Assessments The IEP team identifies the assessments necessary to evaluate all areas related to the student s suspected disability(ies) The IEP team orders the assessments that are deemed necessary to determine the presence of the student s suspected disability at the initial IEP team meeting The IEP team reviews all assessment and evaluation materials that the parent brings to the IEP team meeting Revised August Chapter 9

60 Selection of Assessments The IEP team must select assessments that will enable it to do the following o Determine whether a student has a disability o Provide information about the student s levels of academic performance o Provide information about the student s levels of functional needs The IEP team must carefully consider all areas of suspected disability including o Student records o Parent concerns o Teacher concerns o Teacher observations o Research based interventions used by the general educator to assist the student o Work samples o Performance on benchmark assessments o Teacher observation of student performance relative to peers Assessment Reports/Parental Consent Complete the Prior Written Notice with the following included o All of the assessments considered including those suggested by parents o An explanation explaining why certain assessments were considered but not ordered (documentation must be included) Complete the Notice and Consent for Assessment form Obtain written parental consent prior to the administration of any assessments o Make a diligent effort to obtain the parent s signature if he or she did not provide Refer to Chapter 4 for clarification on diligent efforts Prevention Plan If it is determined that a school based related service evaluator is unavailable or needs assistance to complete an assessment, a prevention plan (form A) is submitted. The IEP Chairperson must submit Prevention Plans electronically by {3 rd school day from the date of parent consent (initial) or the date the assessment was ordered (reevaluation)} to the Related Service Unit. Prevention Plans for assessments completed by related service evaluators are also submitted for the following: Children attending Head Start Programs Student attending private/parochial schools City Schools students attending nonpublic schools o Assessments for low-incidence services, such as PT, OT, Vision, Audiological, Adaptive PE, Assistive Technology Next Steps When all of the assessments are completed, an IEP team meeting is convened to determine whether the student is eligible for special education (See Chapter 10, Determination of Eligibility for more information). Accessible copies of completed assessment reports, data charts, progress Revised August Chapter 9

61 reports, or other documentation that will be discussed must be provided to the parent at least five (5) business days before the scheduled IEP team meeting. Prior to the Evaluation Meeting It is required that parents receive an accessible copy of the following documents at least five (5) business days before the scheduled IEP team meeting; o Completed assessment reports o Data charts o Progress reports o Other documentation that will be discussed Reminders: Prior Written Notice The IEP team must include in the Prior Written Notice all of the assessments considered, including those suggested by the parents. If there were assessments considered, but not ordered, the Prior Written Notice must explain why considered assessments were not ordered and the documentation that the team used to determine that these assessments were not needed. Students Leaving City Schools For students leaving City Schools, it must be documented that they transferred prior to the completion of the evaluation process and such documentation must be maintained in the student s IEP folder. The notification sent to the receiving school that the student is in the evaluation process also must be maintained. Students Entering City Schools For students entering City Schools from another LEA who are in the evaluation process, document the agreed upon specific time for completion of the evaluation. Revised August Chapter 9

62 Educational Reference Chart of Types of Assessments and Assessors Assessment Description Assessor Adapted Physical Education Assistive Technology An assessment of reading, math, spelling, written and/or oral language, perceptual motor functioning, and developmental milestones, as appropriate An assessment to determine whether adaptations to regular physical education curriculum or to a special adapted physical education class are required An assessment of a student s need for an assistive technology device designed to increase, maintain, or improve the student s functional capabilities Certified general educator Certified special educator Certified physical education teacher Assistive technology team Certified and/or licensed speech/language pathologist Licensed OT Certified special educator Audiological An assessment of the student s auditory functioning Licensed audiologist Cognitive An assessment of intellectual/cognitive abilities related to Certified school psychologist academic learning. May include assessment of adaptive/functional behaviors associated with daily living skills, as appropriate for students with significant cognitive deficits. Social/emotional/behavioral assessment should also be considered at the time the cognitive assessment is requested. Medical Observation An assessment of the student s medically related disability. Should indicate area of medical diagnosis and characteristics of the possible diagnosis (i.e. limits the ability to perform on tests, interpersonal activities). A classroom/environmental observation of the student s school functioning/ academic performance (If the student is below school age, the observation will be done in an environment appropriate to the child s age.) Licensed physician Member of the IEP team other than the student s classroom teacher Ophthalmologic An assessment used to determine eligibility for vision Licensed ophthalmologist services Occupational Therapy An assessment of fine motor, visual perceptual motor, sensorimotor, and self care skills Licensed occupational therapist Physical Therapy An assessment of balance, posture, coordination and Licensed physical therapist gross motor skills, as appropriate Psychiatric An assessment significant psychological disorders that have a medically based etiology. This assessment should Licensed childhood/adolescent psychiatrist not be considered until after completion of a comprehensive psychological evaluation that includes cognitive, adaptive/functional, and social/emotional/ behavioral functions. Note: The school psychologist must consult with the Supervisor of Psychological Services if questions arise regarding additional assessments that might include referral for psychiatric evaluation to help formulate questions that might need further evaluation. Psychological As assessment of social, emotional, and/or behavioral Certified school psychologist factors Psychosocial An assessment of social and educational adjustment Licensed social worker focusing on the school and home environment Speech/Language An assessment of articulation, fluency, voice, and Certified or licensed speech/ Revised August Chapter 9

63 Assessment Description Assessor language, as appropriate language pathologist Social/Emotional/Behavior An assessment of social, emotional, and/or behavioral factors. Should be conducted in conjunction with a Cognitive assessment. Certified school psychologist Functional Behavior Assessment (FBA) Note: Do not check other and write in Psychological. An assessment specifically designed to understand the environmental factors that occur before a behavior or after the behavior; to either elicit or reinforce the recurrence of non-adaptive/disruptive behaviors in order to develop a positive behavioral intervention to promote more adaptive and functional behaviors within the school setting. The assessment should include gathering data regarding frequency of occurrence. Includes required members of the IEP team and a mental health provider such as a school psychologist, social worker and/or other individuals as appropriate working collaboratively to complete.the FBA Revised August Chapter 9

64 CHAPTER 9 FLOW CHART *The following is a general outline of the IEP Evaluation Process. Refer to Chapter 9 for specific details on each step. IEP Referral received 90 Day Timeline begins Schedule meeting within 15 calendar days of referral receipt Parent notification and 5 day letter must accompany copies of all documents that will be reviewed/discussed At the meeting review all submitted documentation (i.e. classroom assessments, work samples, SST information etc) Use submitted documentation to determine suspicion of disability NO, there is not a suspicion of a disability YES, there is a suspicion of a disability Refer to SST for possible interventions IEP Process ended Sufficient data available Go to Eligibility Additional data needed Obtain consent. The 60 day timeline from parent consent begins but cannot exceed 90 days from the receipt of referral Revised August Chapter 9

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66 Chapter 10 Determination of Eligibility/Evaluation Meeting IDEA/COMAR Requirements: Determining Eligibility At the IEP team meeting to determine eligibility, the IEP team must carefully consider all evaluative data, including: Assessment reports Teacher observations and recommendations Parent input All other pertinent information about the child's physical condition, social or cultural background, and adaptive behavior 34 CFR (c)(1)(i) A student is eligible as a student with a disability under IDEA 2004 if, after a properly conducted evaluation, the IEP team determines that: The student has a disability listed under IDEA 2004 As a result of that disability, requires the provision of special education and related services to benefit from the general curriculum 34 CFR 300.8(a)(1) A student who has been evaluated and identified as a student with one of the disabilities listed under IDEA 2004, but only needs a related service, and not special education, is not a student with a disability under IDEA. 34 CFR 300.8(a)(2)(i) Exception: If the related service required by the student is considered special education under state standards, the student would be a student with a disability under IDEA. 34 CFR 300.8(a)(2)(ii) The following are considered special education services under Maryland law: Specially designed instruction provided at no cost to the parents to meet the unique needs of a student with a disability Speech pathology services if the service consists of specially designed instruction Travel training if the service consists of specially designed instruction Career and technology education if the service consists of specially designed instruction Physical education if the service consists of specially designed instruction. COMAR 13A B.(71) This means a student must qualify for services of classroom instruction, adaptive physical education, speech and language or travel training, in order to qualify as a student with a disability under IDEA. Specially designed instruction means the adaptation of content, methodology, or delivery of instruction to meet the unique needs of a student with a disability to ensure access to the general curriculum. COMAR 13 A B.(72) Revised August Chapter 10

67 Disabilities Recognized under IDEA 2004 Autism - A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child s educational performance. Deaf-Blindness - Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot accommodate in special education programs solely for children with deafness or children with blindness. Deafness- A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing with or without amplification that adversely affects a child s educational performance. Developmental Delay(DD) - Under Maryland state law, a student from the age of three through seven years can be identified as a student with a disability of developmental delay if the student has: o A 25% or greater delay, as measured by appropriate diagnostic instrument, in one or more of the following areas: Cognitive development Physical development Communication Adaptive behaviors Emotional development Social development Atypical development or behavior A diagnosed physical or mental condition that has a high probability of resulting in developmental delay COMAR 13A B.(77) Note: A student with a disability designation of developmental delay can maintain that disability designation through age seven. In determining developmental delay, the emphasis of assessment of young children is not performance on standardized diagnostic instruments but functional qualitative performance data that provides the IEP team, including the parents, an accurate picture of what the student can/or cannot do in the developmental areas as compared to typical development performance. A psychological assessment is not required and a local school system may not require the administration of a psychological assessment as a condition for determining a student eligible under the DD categorical option. The student does not need to meet the eligibility criteria of an existing disability category to be eligible under developmental delay. Prior to the child s 8 th birthday, the IEP team must conduct a reevaluation meeting to determine if the student qualifies as a student with one of the other designated disabilities under IDEA. Emotional Disability - A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child s educational performance: o An inability to learn that cannot be explained by intellectual, sensory, or health factors Revised August Chapter 10

68 o An inability to build or maintain satisfactory interpersonal relationships with peers and teachers o Inappropriate types of behavior or feelings under normal circumstances o A general pervasive mood of unhappiness or depression o A tendency to develop physical symptoms or fears associated with personal or school problems o Emotional disability includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disability under IDEA. Hearing Impairment An impairment in hearing, whether permanent or fluctuating, that adversely affects a child s educational performance but that is not included under the definition of deafness Intellectual Disability - Significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child s educational performance Multiple Disabilities - Concomitant impairments (such as intellectual disabilityblindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments (such as blindness- intellectual disability). Concomitant means happening or existing along with or at the same time as something else. Specify each disability from any of the three categories of disabling conditions the student s IEP team identifies as concomitant that causes such severe educational problems that the student cannot be accommodated in special education instructional services solely for one of the impairments. The team should establish eligibility for services under each disability label. o Cognitive includes: Autism, Emotional Disability, Intellectual Disability, Specific Learning Disability, Speech or Language Impairment, and Traumatic Brain Injury o Sensory includes: Deaf-Blindness, Deafness, Hearing Impairment, and Visual Impairment including Blindness o Physical includes: Orthopedic Impairment and Other Health Impairment o A student is not required to be identified as a student with an intellectual disability as one of the disabilities Orthopedic Impairment- A severe orthopedic impairment that adversely affects a child s educational performance. The term includes impairments caused by a congenial anomaly, impairments caused by diseases (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause fractures). Other Health Impairment- Having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the education environment, that is due to chronic or acute health problems such as asthma, attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome; and adversely affects a child s educational performance. Specific Learning Disability -A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may Revised August Chapter 10

69 manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Speech or Language Impairment - A communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child s educational performance. Traumatic Brain Injury - An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Visual Impairment - An impairment in vision that, even with correction, adversely affects a child s educational performance. The term includes partial sight and blindness. 34 CFR 300.8(c) Factors that May Impact Eligibility Determination A student must not be determined to be a child with a disability if the determinant factor for eligibility is: Lack of appropriate instruction in reading, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency and reading comprehension strategies; Lack of appropriate instruction in math; or, Limited English proficiency. Revised August Chapter CFR (b)(1) Student Is Eligible Under IDEA The IEP team must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent regardless of eligibility. 34 CFR (a)(2) If the IEP team determines that a student has a disability and requires special education and related services, an IEP must be developed. 34 CFR (c)(2) The IEP can be developed at the eligibility meeting. If the IEP is not developed at the eligibility meeting, another meeting must convene and the IEP must be developed by the 30 th calendar day after the eligibility meeting. COMAR 13A A.(1) CITY SCHOOLS PROCESS: City Schools requires the determination of eligibility is made at an IEP team meeting. The meeting must be convened within 90 days of the date of referral or 60 days of the date of parental consent for assessment, whichever occurs first. At least five business days before a scheduled IEP team meeting, the parents are to receive an accessible copy of each assessment, report, data chart(s), draft IEP, or other document(s) the team plans to discuss at the meeting.

70 City Schools practice indicates that copies of all information to be discussed at the Evaluation meeting must accompany the notification of the meeting to the parent at least 12 days prior to the scheduled meeting. The parental notification must be completed in its entirety. Documentation must be completed and entered in MDOIEP. City Schools requires full compliance with State Performance Plan Indicator #11; the student's initial evaluation is required to occur within 60 days of the date of parental consent for evaluation. If there is a delay in meeting this required compliance timeline, the IEP team must document the reason for the delay. During the evaluation process, the following two forms must be completed in MDOIEP: Evaluation Report and Determination of Eligibility Report, and the Notice and Consent for Assessment. These forms must be appropriately completed in MDOIEP. All of the appropriate information must be entered in all of the tabs for these two forms: Evaluation Report and Determination of Eligibility Report, and the Notice and Consent for Assessment. Do not forget to enter the required information (Date of Parent Consent for Evaluation) in the Parent Consent tab in the Notice and Consent for Assessment form, and all required information in the Decision tab in the Evaluation Report and Determination of Eligibility Report. CITY SCHOOLS PROCEDURES: Considerations in Determining Eligibility In addition to required evaluative data, (assessment reports, teacher observations, parent input and all other pertinent information), if the parent presents outside assessment information to the IEP team, this information must be considered as parental input for the child s education. The IEP team must review all information provided by the parent and provide prior written notice of accepting or rejecting information submitted. After considering all evaluative information, the IEP team must determine: Whether the student has a disability covered under IDEA Whether the disability results in an adverse educational impact on the student which requires special education Student Is Determined To Be Eligible for Special Education The IEP team documents the assessment results and team decisions regarding Eligibility in MD Online in the Evaluation Report and Determination of Initial Eligibility form. If the team suspected more than one disability at the initial meeting, the team must provide its rationale and documentation for each disability. Selecting yes to the question is the student eligible. In the MD Online tool will prompt to start an IEP. Selecting yes to the IEP prompt will populate Revised August Chapter 10

71 sections of the IEP with information completed in the Evaluation Report and Determination of Initial Eligibility form. The Prior Written Notice form must clearly document the IEP team s decision, including the specific disability, and the information that the team relied on to make its determination. The completed Evaluation Report and Determination of Initial Eligibility form must be provided to the parent not later than five business days after the scheduled IEP team meeting. If the IEP was developed at the Eligibility Meeting, the parent must be provided with an accessible copy of the IEP within five business days after the meeting. If the IEP was not developed at the eligibility meeting, a 30-day timeline for IEP development begins. Student Is Determined Not Eligible for Special Education The IEP team must clearly document its rationale for determining that the student is not eligible and the documentation it relied on to support its decision. If the IEP team suspected more than one disability at the initial meeting, the team must provide its rationale and documentation for each disability. This is documented in MD Online in the Evaluation Report and Determination of Initial Eligibility form. For students found not eligible this form and the Child Find Referral form document the team discussion and decisions. The completed Evaluation Report and Determination of Initial Eligibility must be provided to the parent no later than five business days after the scheduled IEP team meeting. Outside Evaluation Is Considered at the Meeting If the IEP team considered information presented by the parent from an outside agency and the team did not adopt major points in the outside information, the IEP team must document the options from the report that were considered and rejected in the prior written notice for the meeting. Documentation of the team s discussion of the options/ recommendations made in information presented by the parent from an outside agency must be recorded in the Present Level of Academic Achievement and Functional Performance Section: Parental Input Area of Discussion. The team must address all recommendations in the report and specify reasons why they accept or refuse to accept the recommendation. The recommendations in outside reports have to be considered and documented in the same manner as recommendations for services that were requested by the parent. Revised August Chapter 10

72 DETERMINATION OF ELIGIBILITY FLOW CHART The following is a general outline of the Determination of Eligibility/Evaluation Meeting. Refer to Chapter 9 for specific details on each step. Prior to Meeting File all related assessment reports/documents upon completion and schedule a meeting/notify the parent Each assessor must enter information in MDOIEP on the Evaluation Report and Determination of Initial Eligibility form At the Meeting Review all pertinent documentation (i.e. classroom assessments, progress reports, work samples, classroom observations etc) Determine Eligibility under IDEA If No If Yes Refer to SST for possible interventions IEP Process ends Determine special education needs Develop the IEP Revised August Chapter 10

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74 Chapter 11 Specific Learning Disability Additional Procedures for Identification IDEA/COMAR Requirements: IDEA 2004 defines a specific learning disability (SLD) as a disorder in one or more of the psychological processes involved in understanding and using spoken or written language. 34 CFR 300.8(b) (10) The IEP team may determine that a student has a specific learning disability, as defined by COMAR, if: The student does not achieve adequately for his age or to meet State-approved grade level standards when provided with learning experiences and instruction appropriate for age or grade- level standards in one or more of these areas: o Oral expression o Listening comprehension o Written expression o Basic reading skills o Reading fluency skills o Reading comprehension o Mathematics calculation o Mathematics problem solving The student does not make sufficient progress to meet age or State-approved grade level standards in one or more of the areas identified above when using a process based on the child s response to scientific, research- based intervention The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, State-approved grade level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments The student s inability to make sufficient progress cannot be primarily the result of: o A visual, hearing or motor disability o Emotional disturbance o Mental retardation o Cultural factors o Environmental or economic disadvantage o Limited English proficiency COMAR 13A (D)(a) Additional Procedures if the IEP Team Suspects that a Student Has an SLD: Additional Team Member Required The IEP team that meets to determine if a student may have a suspected learning disability must also include a City Schools staff member qualified to conduct individual diagnostic assessments of students. This can be a speech/ language pathologist, a school psychologist or a certified reading specialist. 34 CFR Revised August Chapter 11

75 Additional Data that Must Be Considered To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the IEP team must consider, as part of the evaluation: Data that demonstrates that prior to, or part of, the referral process, the child was provided with appropriate instruction in regular education settings delivered by qualified personnel Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child s parents 34 CFR (b) Additional Time for Evaluation May Be Given The IEP team may determine that additional data is needed to determine that a student may have a specific learning disability. Specifically, if a student is participating in a Response to Intervention (RTI) program and enough data has not been obtained to determine that the student s failure to achieve is not the result of lack of appropriate instruction, then the parent and the IEP team may agree to extend the timeframe for the evaluation. This agreement must be in writing. 34 CFR (c) Observation Required A student suspected of having a specific learning disability must be observed in his learning environment to document the student s academic performance and behavior in the areas of difficulty. The observation will most likely occur in the student s regular education classroom. The team can: 1) use information from an observation that was done in routine classroom instruction and monitoring of the student s performance prior to the referral; or, 2) have one of the IEP team members conduct an observation in the regular classroom after the child has been referred and parental consent obtained. If the student is below school age, the observation should occur in an environment appropriate for the child s age. 34 CFR Specific Documentation Required for the Eligibility Determination Documenting that a student is eligible as a student with a specific learning disability must include: A statement of whether the child has a specific learning disability The basis for making that determination, including an assurance that the determination has been made in accordance with IDEA The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child s academic functioning The educationally relevant medical findings, if any A statement of whether the child does not make sufficient progress to meet age or Stateapproved grade level standards in one or more of the areas identified in Chapter 11 when using a process based on the child s response to scientific, research-based intervention Revised August Chapter 11

76 A statement of whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, State-approved grade level standards, or intellectual development that is determined by the group to be relevant to the identification of a specific learning disability using appropriate assessments, consistent with IDEA The determination of the IEP team concerning the effects of a visual, hearing, or motor disability; emotional disturbance; mental retardation; cultural factors; environmental or economic disadvantage; or Limited English proficiency on the child s achievement level If the child has participated in a process that assesses the child s response to scientific, researchbased intervention, there must be documentation of: The instructional strategies used and the student data collected The documentation that the child s parents were notified about MSDE s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided The strategies for increasing the child s rate of learning The parent notification of their right to request an evaluation The Classroom Observation should be attached to the Specific Learning Disabilities Team Report and reflect the relevant behavior noted during the observation of the child and the relationship of the behavior to the child s academic functioning. 34 CFR (a) 34 CFR (a) Certification in Writing Each IEP team member must certify, in writing, whether the report reflects the member s conclusions. If a team member disagrees with the report, that team member must submit a separate statement presenting the member s conclusions. 34 CFR (b) The parent must also be offered the opportunity to sign the report or to submit a written statement regarding his/her disagreement with the conclusion of the IEP team. The Specific Learning Disabilities (SLD) Team Report must be used as documentation for all evaluation meetings when considering if a child does or does not have a suspected learning disability. CITY SCHOOLS PROCESS: City Schools requires the IEP team to complete the SLD Team Report which is located on the Maryland Online IEP and include a classroom observation as part of the evaluation/reevaluation process. The SLD Team Report form must be completed and signed by the IEP team members whether or not the IEP team determines that the student does or does not have a suspected learning disability in order to complete the evaluation/reevaluation process. Revised August Chapter 11

77 CITY SCHOOLS PROCEDURES: Classroom Observation A qualified observer (not the classroom teacher) for a student suspected of having a specific learning disability must complete a classroom observation: To document the student s academic performance and behavior in the areas of difficulty The observation will most likely occur in the student s regular education classroom If the student is below school age, the observation should occur in an environment appropriate for the child s age Can be part of an assessment report The team can: 1) use information from an observation that was done in routine classroom instruction and monitoring of the student s performance prior to the referral; or, 2) have one of the IEP team members conduct an observation in the regular classroom after the child has been referred and parental consent obtained. Currently there is no designated observation form, however a sample form can be provided by the IEP Team Specialist for your school. SLD Team Report In cases where there is a suspicion of a learning disability, the IEP team completes the SLD Team Report. The report should describe the student s strengths and weaknesses, the instructional implications of the assessment and suggested strategies or accommodations/modifications for the general curriculum. IEP team members, including the parent, must complete and sign the SLD Team Report located on the Maryland Online IEP whether or not the IEP team determines that the student does or does not have a learning disability in order to complete the evaluation/reevaluation process. The parent must also be offered the opportunity to sign the report or to submit a written statement regarding his/her disagreement with the conclusion of the IEP team meeti Revised August Chapter 11

78 Chapter 12 The Individualized Educational Program (IEP) IDEA/COMAR Requirements: Individualized Education Program (IEP) is a written statement for a student with a disability that is developed, reviewed, and revised in an IEP meeting. 34 CFR When IEP s must be in Effect A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services. 34 CFR c (1) What the IEP Must Contain A statement of the student s present levels of academic achievement and functional performance. This statement must include: o How the disability affects the student s involvement in the general education curriculum o For Preschool students, how the disability affects the student s participation in appropriate activities A statement of measurable annual goals, including academic and functional goals designed to: o Meet the student s needs that result from the student s disability to enable the student to be involved in and make progress in the general education curriculum o Meet each of the student s other educational needs that result from the student s disability o For students who take alternate assessments, the measurable annual goal must also include a description of benchmarks or short-term objectives A description of how the child s progress towards meeting the annual goals will be measured and when the reports of progress on the annual goals will provided to the parent (see chapter 19 for further details) A statement of the special education and related services and supplementary aides and services, based on peer-reviewed research to the extent practicable, to be provided to the student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student: o To advance appropriately toward attaining the annual goals o To be involved in and make progress in the general education curriculum in accordance with above information and to participate in extracurricular and other nonacademic activities o To be educated and to participate with other students with disabilities and nondisabled students in the regular class and in activities described in this subparagraph Revised August Chapter 12

79 An explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular class and in activities described above A statement of any individual appropriate accommodations that is necessary to measure the academic achievement and functional performance of the student on State and district wide assessments. If the IEP team determines that the student shall take an alternate assessment on a particular State or district wide assessment of student achievement, a statement of why the student cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the student. The projected date for the beginning of services and modifications, along with the anticipated frequency, location, and duration of the services and modifications COMAR 13A A Those Responsible For Developing the IEP The IEP is developed by the IEP Team. See Chapter 6 for a complete discussion of IEP Team composition. 34 CFR Factors to Be Considered When Developing an IEP for a Student General Factors The IEP team must consider: o The strengths and needs of the student o The concerns of the parents for enhancing the education of the student o The results of the initial or most recent evaluation of the student o The academic, developmental and functional needs of the student o The result of student s performance on statewide, district wide or alternative assessments as appropriate 34 CFR (a)(1) Special Factors The IEP team must consider: o The use of positive behavioral interventions, supports and other strategies to address the behavior of a student whose behavior interferes with his learning or the learning of his classmates o The language needs of a student who has limited language proficiency o The provision of instruction in Braille and the use of Braille for a student who is blind or visually impaired unless the use of Braille is not appropriate o The communication needs of the student, including the language and communication needs of a student who is deaf or hard of hearing. For a student who is deaf or hard of hearing, this includes consideration of opportunities for direct communications with peers and staff in the student s language and communication mode and opportunities for direct instruction in the student s language and communication mode. o Whether the student requires assistive technology Revised August Chapter 12

80 o A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments 34 CFR (a) (2) 34 CFR (a)(6)(i) Role of the Regular Education Teacher in IEP Development The regular education teacher of the child is the expert in grade level curriculum and is able to address the performance of the child in relation to grade/ age level peers. The regular education teacher must participate in the development of the IEP, including the determination of: Appropriate positive behavioral interventions and supports for the student Supplementary aids and services, program modifications and support for school personnel 34 CFR (a)(3) Writing Measurable Goals and Objectives IDEA requires that a student s IEP contains - A statement of measurable annual goals, including academic and functional goals designed to: Meet the student s needs that result from the student s disability to enable the student to be involved in and make progress in the general education curriculum Meet each of the student s other educational needs that result from the student s disability For students who take alternate assessments, the measurable annual goal must also include a description of benchmarks or short-term objectives 34 CFR Implementation Guidelines The IDEA mandates that a student s IEP contains a statement of measurable annual goals, including academic and functional goals, designed to (A) meet the child s needs that result from the child s disability to enable the child to be involved in and make progress in the general education curriculum; and (B) meet the child s other educational needs that result from the child s disability. 34 CFR IEP for Student in an Adult Correctional Facility The following requirements do not apply to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons: Requirements relating to participation of students with disabilities in general assessments Requirements relating to transition planning and transition services for students whose eligibility under IDEA will end, because of age, before the student will be eligible to be released from prison based on consideration of his/her sentence and eligibility for early release The IEP team of a student who is convicted as an adult under State law and is incarcerated in an adult prison may modify the student s IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. 34 CFR (d) Revised August Chapter 12

81 CITY SCHOOLS PROCESS: City Schools requires the development of IEP s for students with disabilities requiring special education and related services. CITY SCHOOLS PROCEDURES: The IEP team must address all of the student s needs as documented in teacher progress reports, assessment reports, and recommendations from outside agency reports. Student s needs can be addressed through development of standards-based goals, provision of supplemental services, accommodations, and modifications. Once the IEP has been created, it is in effect the next school day. Service Nature Service Nature refers to the type of service, regardless of the frequency. This field is completed to address each special education services to be provided to the student, as determined by the student s IEP team. The nature of the services can include: Classroom Instruction - Specially designed instruction conducted in the classroom, home, hospital, institution. May include transition, vision, or career technology services if services are provided as specially designed instruction. Physical Education Services - Instruction in physical and motor fitness, fundamental motor skills and patterns, special physical education (adapted physical education, movement education, and motor development). These are services other than such services that are provided by an occupational therapist or physical therapist. Speech/Language Therapy - Instruction in speech and language skills provided by or in consultation with a speech/language pathologist Travel Training - Instruction, as appropriate, to students with disabilities who require this training, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community) One Year Plus (OYP) The term One Year Plus describes the expectation of achievement that students with disabilities may attain with goals written in the prescribed format. It is not meant to quantify or guarantee a specific amount of progress for a student. OYP is a concept that embodies City Schools commitment to promoting high achievement for students with disabilities. The IEP for students with disabilities should contain individualized Present Levels of Academic Achievement and Functional Performance (PLAAFP), Goals, Scaffolded Objectives and Services that support the progress of students who are working toward achieving grade level standards. This concept embodies the City Schools commitment to create high expectations for students with disabilities. The Creating Standard Based IEP: Utilizing OYP chart included in this chapter will assist the IEP teams and service providers in understanding the process for creating standard based IEP s that will support students in meeting grade level standards and making more than one year s Revised August Chapter 12

82 growth in twelve months in identified academic content areas. City Schools refers to this process as the OYP concept. Annual goals are developed for each area of the child s identified needs. The concept of OYP supports the amount of progress a student can be expected to achieve in one year when provided goals, scaffolded objectives and corresponding services that support increased student achievement. The OYP concept is not meant to guarantee a specific amount of progress for a student. OYP is intended to express the amount of progress the student can be expected to achieve in one year. OYP is an initiative that establishes high expectations for students with disabilities. IEPs for students with disabilities who are pursuing high school diplomas should contain goals that reflect the expectation that the students will gain one year academic progress in twelve months. By identifying OYP goals and objectives a reasonable reduction in the gap between PLAAFP and assigned grade level will occur. In other words, OYP is the standard for the amount of progress that goals should express when there is a significant gap between PLAAFP and assigned grade level. IEPs for students who are pursuing certificates of completion should also be based on the Maryland State Curriculum. Even though the student is substantially below grade level expectation and academic achievement the IEP should contain content learning objectives and expected outcomes for the student that focus on the emerging, readiness and/or functional application of the general curriculum. The objectives written for the student in the designated content area(s) are significantly less complex than the grade level expectation. The gap between PLAAFP and assigned grade level for students on a diploma track should be minimized so that students can meet grade level standards. Once the IEP team has documented the student s PLAAFP, they should determine what is a reasonable amount of expected growth that will reduce the gap between the PLAAFP and the assigned grade level. Revised August Chapter 12

83 Creating Standard Based IEP: Utilizing OYP When considering a reasonable reduction between performance level and assigned grade level, IEP teams should: STEP 1: Consider grade-level standards Focus Guiding Questions Persons Responsible Identification of grade 1. What are the general education level expectations standards for each content area? 2. How are the student s needs linked to the general curriculum? 3. According to content standards, what should the student know and be able to do? Revised August Chapter 12 Regular Educator Special Educator STEP 2: Review available data Focus Guiding Questions Persons Responsible Review of available and various data sources that presents a clear picture of the student s ability Is there assessment data that can provide useful information for making decisions about the student's strengths and needs? What are the results of the most recent individual evaluations and student data that can inform decision making? Classroom- based assessments Observations Formative assessments Progress Reports What are the results of State and district assessments? Regular Educator Special Educator Qualified Examiners STEP 3: Determine PLAAFP Focus Guiding Questions Persons Responsible Documentation of students current What do we know about the student? levels of Strengths achievement: Needs/ Weakness/Challenges What can the Background Information- including student do with chronological age, history of Regular Educator Special Educator and without retention, attendance, etc. Service Providers support? What can t the student do with How has the student responded to academic instruction? and without support? What has been learned from previous

84 What was attempted? What worked? What didn t work? IEPs? STEP 4: Identify gap between assigned grade and performance level Focus Guiding Questions Persons Responsible Identify the gap (the difference between What is the gap between the student s assigned grade and their level of the assigned grade functioning in specific areas? and performance IEP Team level). STEP 5: Identify characteristics of disability and impact on academic achievement Focus Guiding Questions Persons Responsible Identify the What barriers does the student s disability characteristics of the present? disability that may What barriers limit progress? IEP Team impact academic How do these barriers limit progress? achievement. How can these barriers be minimized? The IEP team must have knowledge of resources needed to remove barriers to student progress taking into account basic knowledge of the characteristics of disability types and strategies applicable to each disability type. (The IEP team must not be limited by the available resources of the school). STEP 6: Determine needed accommodations and/or modifications Focus Guiding Questions Persons Responsible Identify the supports needed to maximize progress and minimize the interfering barriers What programs, modifications, accommodations and/or interventions have been implemented? How are these supports expected to minimize the barriers and maximize progress? IEP Team Revised August Chapter 12

85 STEP 7: Develop measurable goals and scaffold objectives aligned with grade level content standards Focus Guiding Questions Persons Responsible Identify expectations, based on reviewing available data (PLAAFP) and other information, for each identified area or need on the child s IEP and determine those areas or needs to which OYP should apply. Set goals and objectives for reasonable expected growth for the student based on consideration of all of the above factors. Objectives should scaffold towards the expected grade level in the goal. What goals could address OYP progress? What goals could not address OYP progress due to severity of the gap? Project growth by removing barriers and providing appropriate modifications and What is the expected growth/progress based on the removal of barriers and the selection of supplementary aids, services, accommodations and modifications? IEP Team The IEP team must discuss and determine which accommodations, modifications and services will reduce the impact of those characteristics on student achievement, taking into account knowledge of peer-reviewed research to the extent practicable. STEP 8: Discuss and document services needed to support progress on standards based IEPs Focus Guiding Questions Persons Responsible Identify the services needed to address How are the student s needs linked to the general curriculum? the student s What are the unique needs of the student achievement of goals related to the disability and current level of functioning? What services address the student s needs and support achievement? IEP Team Teams must consider the amount of expected growth and provide the services and supports needed for the student to achieve this goal. Revised August Chapter 12

86 Writing Measurable Goals and Objectives Goals must be connected to performance levels, must be measurable, and must include the standards by which a student s progress toward grade level standards can be measured. Therefore, teams must include the skills and behaviors to be achieved within the IEP period, typically one year. Where appropriate, goals should be written at assigned grade level. If however there is a significant gap between present level and assigned grade level the goal should be written on the grade level that the student can reasonably be expected achieve within the 12 months IEP period. The IEP team should ensure that the goals are written to express the expectation that the student will be able to access the curriculum. This may present a challenge especially for students attending secondary schools. These students must meet the grade level standards in the specific content areas even though there is a significant gap between the PLAAFP and the assigned grade level. All students require goals that address the basic skills in addition to the content area skills in order to reduce the gap. Academic objectives should be expressed numerically at the grade level or skill rates that are aligned with the state curriculum equivalents. Numerical grade equivalents are drawn from the same data used to determine Present Levels of Academic Achievement and Functional Performance and are written to enable measurement of the objectives the student is expected to achieve. The information presented in the PLAAFP section must be sufficient as to provide a baseline of where the student is performing at the time the IEP is being written. Schools utilize a variety of formal and informal tools to gather this data. In the case that a school uses a formal assessment (i.e. Woodcock Johnson) that provides results in terms of grade equivalents these should be reported in the present levels. In addition, when informal assessments are used (i.e. classroom based assessments) the information will only permit a team to note a student as early, mid or late on a grade level. In utilizing the literacy assessments, schools obtain information on skill strengths and weaknesses within the components of literacy. Each literacy assessment reports on skill strengths and weaknesses and allows teams to see what components may need to be addressed within the IEP. The results for Wireless, STEP or RISE are not reported in grade level equivalents, but rather instructional levels that allow teachers to meet the student at their current level and provide lessons, books and experiences tailored to promote growth. IEP teams utilize the information in the PLAAFP to drive the measurable annual goals of the student. If grade level equivalents are reported in the PLAAFP, it may be appropriate to utilize them in the goal; however, the reporting of information within the PLAAFP must match that of the goals. Example, if the PLAAFP documents that a student is performing on the late fourth grade level, the goals must also is written to reflect this. Expected growth, then, may be reported as early sixth grade within 12 months. Thus, an expected growth of one year plus. The same would be true if the PLAAFP is reported in terms of instructional level. The corresponding goal would be written to express growth of at least one year plus based on instructional level. This gives a specified amount of growth that allows a team to strategically plan and develop strategies for implementation to support the student in realizing the goal. Revised August Chapter 12

87 Monitoring of progress Once the IEP Team has developed measurable annual goals for a child, the team must develop either major milestones (benchmarks) or measurable, intermediate steps (short-term objectives). Objectives should be scaffolded to meet students at their instructional level, enabling each child to be involved and progress in the general curriculum (at grade level when appropriate), and ultimately to narrow or eliminate the gap between present level and assigned grade level. Frequent monitoring of student progress is encouraged. This progress monitoring is beneficial in several ways: It gives the teacher time to implement interventions and new strategies if student progress is inadequate toward reaching the benchmark or short-term objective It maximizes the child s time and opportunity to learn and ensures effective instructional practices It prevents unpleasant surprises for parents when progress reports go home or at parentteacher conferences If data collection over time indicates inadequate student progress despite the implementation of interventions and strategies, the IEP team may need to meet, reevaluate the appropriateness of one or more annual goals, and review the IEP to determine factor(s) that negatively limit adequate progress. The IEP must be revised as appropriate to address any lack of expected progress toward the annual goals or progress in the general curriculum. The IEP team must convene to address any goal that is marked as not making sufficient progress to meet goals, prior to the end of the next reporting period Data from City Schools new literacy assessments (RISE, STEP and Wireless Generation), previously mentioned, will provide additional data that can be reviewed when IEP teams monitor progress (as well as write Present Levels of Academic Achievement and Functional Performance and goals). How does an IEP Team determine the Services in the IEP that are reasonably calculated to enable the student to achieve the IEP Goals? The IEP team must consider the individual needs of the student and develop a plan that meets the student s individual needs. When determining what is required to meet the student s individual needs, the IEP team must not be bound by the resources of the school but be guided by the needs of the student. These services, based upon peer-reviewed research to the extent practicable, should be provided in an amount and manner that the team decides is reasonable to ensure the student is able to achieve the goals. School staff must be flexible in allocating the number of minutes and sessions; a staff member s schedule may not be considered in assigning the number of sessions and minutes that will be allocated for a student. Additionally, the services for a student cannot be limited by a school s preferred model of service delivery. IEP team s determination of services should not be limited by the school schedules (periods) or service provider s availability. Revised August Chapter 12

88 Principal Accountability Principals are responsible and accountable for ensuring that IEP teams develop and implement IEPs that allow the student to progress OYP in twelve months Principals are responsible for ensuring compliance with all federal, state, and court ordered regulations and mandates related to students with disabilities Using Evaluation Results to Develop Effective Present Level Statements IEP teams consider evaluation results when writing a student's Present Level of Academic Achievement and Functional Performance. Make sure that evaluation results provide: A variety of data sources, including performance on standardized achievement and diagnostic tests, progress on previous IEP goals and objectives (if available), classroom assessments and work samples, parent or guardian input, and other school-based information (e.g., attendance records, scores on large-scale assessments) Data sources that are reliable and accurate measures of the student s abilities Guiding Questions for Developing Present Level of Academic Achievement & Functional Performance Identify the sources of the data used to assess the student s academic achievement and functional performance. Sources may include, but are not limited to current classroom-based assessments, district and/or state assessments, and classroom-based observations, parent information, student and general education teacher input in all relevant areas. The student s instructional performance may not be on grade level. If not, this may be an indicator that the student s IEP team needs to consider supplementary aids, services, program modifications, and supports needed. Although a student s performance may not be at grade level, the student is to receive instruction in grade level content. Family and student interviews are particularly useful in answering the first two questions. In answering the third question, the IEP team typically reviews additional information - ( such as individually administered tests, classroom-based assessments, and other district data) - that can be used to establish a baseline and accompanying goal for each area of education that is affected by the student's disability. The following questions should be addressed when developing the PLAAFP statement: What do we know about the student? o Strengths o Needs How has the student responded to academic instruction? How are the student s needs linked to the general curriculum? What are the unique needs of the student related to the disability and current level of functioning? What programs, modifications, accommodations and/or interventions have been implemented? o What worked? Revised August Chapter 12

89 o What did not work? What has been learned from previous IEPs? Is there assessment data that can provide useful information for making decisions about the student's strengths and needs? What are the results of the most recent individual evaluation and student data that can inform decision-making? o Classroom- based assessments o Observations What are the results of State and district assessments? According to content standards, what should the student know and be able to do? What does the student need to accomplish on the next IEP to support learning? What are the parents concerns for the education of their child? What are the student s interests/preferences? Scaffolding Objectives The intent of scaffolding is to determine the objectives needed that will support progress in achieving goals. The objectives, like goals are based on the Maryland State Curriculum. The objectives however are the meaningful intermediate outcomes between the student s current performance level and the measurable annual goal. Examine: What is the student s instructional level? What is the student able to do? What skills are emerging and require continual instruction? What are the next skills that require intensive instruction to achieve this goal? Determine: What is the student expected to accomplish in 12 months? What supplementary services/supports are being implemented? What accommodations are being provided? What assessment limits will be addressed for this objective? Select: What is the projected level for the objective that is above the current instructional level and will it support the student in achieving ONE YEAR PLUS? What is the appropriate revise objective to meet the student s individual needs? Monitor: What information should the quarterly monitoring provide? How is it determined if progress is or is not sufficient? Revised August Chapter 12

90 Graduation Information The IEP team should review with the parent and the student annually the following information: Maryland graduation requirements The student s progress on fulfilling the credit. Maryland High School Assessment, service hours, and applicable IEP requirements for graduation The results of the Maryland High School Assessment taken by the student A plan for appropriate assistance upon completion, if applicable Students pursuing a Maryland High School Diploma shall complete the requirements for graduation, including enrollment, credits, service learning hours, and assessments. Students unable to meet the requirements for a diploma may be awarded a Certificate of Program Completion if: The student is enrolled in an education program for at least 4 years beyond grade 8 and It is determined by the IEP team with agreement of the parents of the student with disabilities that the student has developed appropriate skills for the individual to enter the world of work, act responsibly as a citizen, and enjoy a fulfilling life including but not limited to: o Gainful employment o Work activity centers o Sheltered workshops o Supported employment The student has been enrolled in an education program beyond grade 8 and will reach age 21 by the end of the student s current school year Participation on District/Statewide Assessments All students must be included to the fullest extent possible in all statewide assessment programs and their assessment results are a part of Maryland s accountability system. MSDE requires all students to participate in statewide assessment programs unless documented as described in the Maryland Accommodations Manual. The Maryland participation requirement is supported by federal legislation requiring the participation of students with disabilities in standards-based instruction and assessment initiatives. The Maryland Assessments include the following, as applicable to the student: MSA Mod-MSA HSA Mod-HSA Bridge Plan for Academic Validation Alt-MSA MMSR, Kindergarten Assessment The IEP team must document the appropriate assessment for students with disabilities and any accommodations the student may require. Revised August Chapter 12

91 Participation in Extracurricular and Other Nonacademic Activities The IEP team must specify the extent to which a student WILL NOT participate in general education classes and in extracurricular and other nonacademic activities. The IEP team must address and document the student s need for the provision of accommodations/services in any nonacademic program or activity. These accommodations are provided to the student under Section 504 (ADA) to allow the student equal access to a program, unless City Schools determines that the accommodation would fundamentally alter the nature of the program or would impose an undue administrative or financial hardship on the district. The Office of Student Support Services: 504 are responsible for the provision of these accommodations. IEP for Student in an Adult Correctional Facility: Provision of FAPE to Students in Eager Street Academy (ESA) Eager Street Academy is located inside the Baltimore City Detention Center and services students who have been charged as an adult and awaiting trial. The average stay in ESA is 4 months for male and female students ranging from 14 to 17 years of age. Planning/Coordination between City Schools and ESA to Provide FAPE The City Schools on an annual basis, meets with the Eager Street Academy (ESA) prior to the beginning of the school year to review the following: City Schools contact information ESA contact information Policies and procedures regarding the provision of special education and related services to students with Individualized Education Programs (IEPs) in ESA Timelines for notification of students with IEPs placed in ESA System to document the provision of special education and related services Documentation for a student who refuses educational services (that includes special education services) for students that have reached the age of majority A copy of an existing memorandum of agreement (as appropriate) for IEP service delivery will be maintained on file with the designated City Schools office Mechanism for a referral that is completed by the ESA contact person requesting special education and/or related services when an eligible student is with disabilities is detained or incarcerated Request a copy of the Court Order that documents who has education decision making authority for a student with an IEP Enrollment conference with the ESA to ensure services are initiated when a student is detained or incarcerated Upon registration to ESA, an IEP team member will check MDOIEP to determine if the student is a student with a disability. If the student is on roll within the City Schools, the most recent IEP, transcript, and current documentation of the child s disability will be requested within five business days. In the case of a student who exited City Schools prior to July 1, 2007, the IEP Chairperson at ESA will contact the Student Learning Support (SLS) specialist who will investigate the student s status prior to their exit. The IEP Chairperson will also contact the SLS specialist for Revised August Chapter 12

92 investigation for students whose last school of enrollment was outside the school district (another Maryland school or a school in another state). Confidentiality requirements in the Family Education Privacy Rights Act will be reviewed as appropriate with ESA personnel to ensure compliance. The City Schools will follow the procedures for the appointment of a parent surrogate to protect the rights of a student in a ESA in accordance with the laws of the State. The City Schools follows a process for monitoring and ensuring the provision of FAPE is reviewed on an annual basis, all IEP service delivery data that is maintained (SMS and MDOIEP systems) includes: Student s name Student s identification number Student s current address Student s home school name Disability SSIS identification code Student s special education service hours on the LSS IEP received Date of entry into the ESA Date educational records are received by ESA Date of initiation of special education services in ESA Dates of delivery of all IEP services by ESA Date of release from detention or incarceration in ESA Summary of services provided while detained by ESA Identification of Students with IEPs Students with IEPs in ESA are identified in a timely manner. Within two working days of notification by ESA that a student with an IEP is incarcerated in the facility, the City Schools contact person will initiate the following activities: Request from the appropriate school all the records required to implement the student s current IEP Review the student record to ensure that the student is currently a student receiving special education and related services Initiate services for students who were identified as in need of services but not previously receiving services Inform the ESA of the student s current special education and related services delivery of services status Within five days of identification that the student is a student with a disability, the IEP services are initiated if the current IEP can be implemented. If the current IEP cannot be implemented, the City Schools will ensure that an IEP meeting takes place as soon as possible and all of the required steps are taken prior to conducting the IEP meeting. Based on the review of the student s current documentation: o If the IEP is more than one year old, the IEP team must review and revise the IEP, as appropriate o The IEP team will develop a reevaluation plan, if required Revised August Chapter 12

93 If the student refuses educational services this information is logged in accordance with the City Schools policies and procedures and this information is maintained with the student s educational records Decisions regarding special education must involve the student s parent according to State and federal requirements. State Statute (Education Article , Annotated Code of Maryland) does not permit students who reach the age of majority, who are in the custody of a state agency, to assume parent rights afforded under the IDEA. Records City Schools Education records are obtained in a timely manner in accordance with the Maryland Code/Education Title 8. Subtitle 5. Children in State Supervised Care ( ). A copy of the student s education records will be requested by the City Schools within two working days of notification that a student with an IEP is in detention or incarcerated The school records should be received within three working school days of the request A copy of the educational records will be requested in accordance with the City Schools policies and procedures for a request for records release Timelines for receiving the records will be documented Upon reviewing the records all of the relevant information in the students record required to implement the IEP will be forwarded to the ESA within three working days of notification that a student with an IEP is in detention or incarcerated The City Schools will keep a list of all of the information provided to the ESA including the name of the City Schools and ESA contact persons managing the educational record information IEP Process City Schools in cooperation with ESA implements local policies ensure IEPs are developed, reviewed and revised according to requirements and local policies and procedures. City Schools and ESA staff contacts responsible to implement the IEP process are identified: The names of all City School and ESA staff contacts are reviewed on an annual basis prior to the beginning of the school year If there is a change in the City School and ESA staff contacts, this information is updated within five working days and shared with both the City School and ESA A phone call is made quarterly and documented to assure that the above step is implemented City Schools procedures and processes have been implemented to schedule and complete IEP meetings in a timely manner. The IEP is reviewed and revised consistent with State and federal requirements and the content of the IEP for a student with a disability in an ESA shall include all of the requirements consistent with COMAR 13.A The City Schools provides special education and related services to students with disabilities incarcerated in local adult correctional facilities located within the jurisdiction of the local school system to ensure FAPE as soon as possible, with no undue delay Revised August Chapter 12

94 IEP Implementation City Schools ensures that an IEP is in effect before special education and related services are provided to a student with a disability within its jurisdiction, including students with disabilities incarcerated in an adult correctional facility and in need of special education or related services from the City Schools The City Schools and ESA shall work together to timely develops, adopt or implements a new IEP The City Schools provides special education and related services by qualified personnel o A copy of the special educators qualifications for the provision of special education is on file with the City Schools o A copy of the related service providers qualification for the provision of related services is on file with the City Schools Data Collection/Accountability City Schools maintains data to document: Identification process, timelines and IEP implementation that includes dates and data that document: o Timely identification process for students with disabilities o IEP implementation timelines All service provider logs (Encounter Tracker and MDOIEP) that include at a minimum the following information: o Student s name o Student s identification Number o Date(s) of service o Services provided (SSIS code) o Hours of services provided City Schools will maintain an up to date tracking log of all students receiving special education and related services City Schools reviews the data logs at least annually prior to the beginning of the next school year. A record of this information will be maintained by the City Schools in accordance with e City Schools record maintenance policies and procedures. Procedural Safeguards City Schools provides Procedural Safeguards to all of the required parties in accordance with federal and State requirements. Documentation is maintained in each student s educational record to demonstrate dissemination of procedural safeguards at required intervals in accordance with City Schools procedures A representative of the City Schools is available to review procedural safeguards with ESA staff upon request Procedural safeguards are provided in accordance with written City Schools policies and procedure Revised August Chapter 12

95 Revised August Chapter 12

96 IDEA/COMAR Requirements: Chapter 13 Related Services Related Services Related Services means transportation and such developmental, corrective and other supportive services as may be required to assist a student to benefit from special education. 34 CFR (a) These services include Speech/language pathology Audiology Interpreting services Psychological services Physical therapy Occupational therapy Recreation, including therapeutic recreation Early identification and assessment of disabilities in students Counseling services, including rehabilitation training orientation and mobility services Medical services for diagnostic or evaluation purposes School health services, including school nursing services Social work services Parenting and training Rehabilitation training Transportation Assistive technology Revised August Chapter CFR (a), 34 CFR Services Not Included Related Services do not include a medical device that is surgically implanted (cochlear implant), the optimization of that device s functioning, and maintenance of the device or the replacement of the device. However, this exception does not: Limit the right of the student with a surgically implanted device to receive related services that are determined by the IEP team to be necessary for the student to receive FAPE Limit the responsibility of City Schools to appropriately monitor and maintain medical devices needed to maintain the health and safety of the student, including breathing, nutrition or operation of other bodily functions, while the child is transported to and from school or is at school Prevent the routine checking of an external component of a surgically implanted device to make sure it is functioning properly 34 CFR (b) Related Services do not include medical or other therapeutic interventions that are not required for the student to access the educational program. 34 CFR (c)

97 Descriptions of Related Services and Qualified Providers 1. Audiology (Office of Related Services) Audiology includes: the identification and diagnosis of children with hearing loss Referral for appropriate medical or other professional attention Provision of aural/auditory therapy Training and guidance of students, parents and teachers regarding hearing loss The determination, and evaluation of a student s need for amplification Qualified Provider: The audiologist is the evaluator for hearing disabilities. The audiologist is also the evaluator who determines whether a student may require a FM training system in the classroom and is the provider to contact if an outside assessor diagnoses a student with a central auditory processing disorder. 2. Occupational Therapy (Office of Related Services) Occupational therapy means services provided by a qualified Occupational Therapist and includes: Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation Improving ability to perform tasks for independent function if functions are impaired or lost Preventing, through early intervention, initial or further impairment or loss of function within the school setting Qualified Provider: The occupational therapist (OT) is the evaluator for students who may present fine motor, visual and/or sensory deficits. Services may be provided by an OT or by a certified occupational therapy assistant (COTA) who works under the supervision of the OT. 3. Physical Therapy (Office of Related Services) Physical therapy means services provided by a qualified Physical Therapist. Physical therapy facilitates the development of a student s ability to access and participate safely in the education environment to enable a student with a physical disability to participate in, and benefit from, the educational program through interventions, strategies and adaptations focused on promoting functional mobility, positioning, using specialized equipment and safe and efficient participation in daily activities and routines within the school setting. Qualified Provider: The physical therapist (PT) is the evaluator for students with physical disabilities. Services may be provided by a PT or by a physical therapy assistant (PTA) who works under the supervision of a PT. 4. Psychological Services (Office of Related Services) Psychological services include: Revised August Chapter 13

98 Administering and interpreting psychological and educational tests and other assessment procedures Obtaining, integrating and interpreting information about student behavior and conditions related to learning Consulting with other staff members in planning school programs to meet the special needs of students with disabilities Planning, managing, and delivering a program of psychological services, including therapy and other interventions for students Consultation with parents and, developing, implementing, monitoring, and evaluating positive behavioral intervention strategies Qualified Provider: The school psychologist is the evaluator for intellectual disability and assists in the determination of emotional disability, specific learning disabilities, and Other Health Impairments (such as Attention Deficit Hyperactivity Disorder). The school psychologist may also assess children suspected of having other disabilities when cognitive, attentional, and/ or emotional factors (such as autism, traumatic brain injury, etc.) are suspected of adversely affecting academic performance or scholastic adjustment. 5. Speech- Language Pathology Services (Office of Related Services) Speech-Language Pathology services include: Identification and diagnosis of students with speech and/ or language impairments Diagnosis and appraisal of specific speech and language impairments Referral for medical or other professional attention necessary for the habilitation of speech or language impairments Provision of speech and language services for the habilitation or prevention of communicative impairments Training and guidance of parents, students and teachers regarding speech and language impairments Qualified Provider: The speech- language pathologist (SLP) is the evaluator for students suspected of having a speech and/or language impairment. An SLP or a speech-language assistant who works under the supervision of a SLP may provide services. Under IDEA/COMAR, speech-language pathology services can also be considered special education and can qualify a student for an IEP. Speech-language service is considered a special education service if the primary disability impacting the student s educational performance is a communication disability. 6. Social Work Services (Office of Related Services) School social work services include: Preparing a social or developmental history on a child with a disability Group and individual counseling with the child and family Working in partnership with parents and others on those problems in a child s living situation (home, school, community) that affect the child s adjustment in school Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program Assisting in developing positive behavioral intervention strategies Revised August Chapter 13

99 Qualified Provider: The school social worker is responsible for preparing a social or developmental history (psychosocial assessment) for a student who either has a disability or is suspected of having a disability. The school social worker is the evaluator for the social, behavioral, and environmental factors affecting the student s school adjustment. 7. Assistive Technology-AT (Office of Related Services) Assistive technology includes devices and services such as evaluations, provision of AT devices for students who demonstrate need, collaboration with other IEP service providers, and training and technical assistance for students, family and school staff who work with the student. Qualified provider: The Assistive Technology Team (ATT) is a city-wide team of professionals who have been specifically trained in the area of assistive technology. The ATT provides assessments to determine the need for AT devices and/ or services for students with fine motorbased deficits that affect the student s ability to speak or to write. Based on the assessment, the ATT will recommend, obtain, or assist in obtaining, a device with specific features required by the student to receive FAPE. The ATT assists in guiding the IEP team through the process of making decisions about the need for AT. 8. Orientation and Mobility Services (Office of Related Services) Orientation and mobility services are provided to students who are blind or visually impaired children, by qualified personnel, to enable those students to obtain systematic orientation to, and safe movement, within their environments in school, home, and community. Orientation and mobility services include teaching the following as appropriate: spatial and environmental concepts and use of information received by the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g. using sound at a traffic light to cross the street). Qualified personnel may also train students to use the long cane or a service animal to supplement visual travel skills, or as a tool, for safely negotiating the environment for children with no available travel vision. They may also train students to understand, and use remaining vision and distant low vision aids, and other concepts, techniques and tools. Qualified Provider: An ophthalmologist is the evaluator for vision impairment and blindness. The specialist assigned to vision services can guide the IEP team through the process for determining whether a student qualifies as a student with a vision impairment or blindness and in the development of an appropriate IEP. Orientation and Mobility is a specialized related service provided to those students that are determined through assessment to be in need of this training. An Orientation and Mobility Teacher provide this service. 9. School Health Services (Office of Interagency Support Services) School health services and school nurse services are health services that are designed to enable a student with a disability to receive FAPE as described in the student s IEP. These services may be provided through employees of the Baltimore City Health Department (BCHD) who work in Revised August Chapter 13

100 City Schools, or through a contractual agency. The provision of any school health service is pursuant to a current physician s order and is outlined in a Nursing Care plan that is attached to the student s IEP. 10. Medical Services (Office of Interagency Support Services) Medical services means services provided by a licensed physician to determine a student s medically-related disability that results in the student s need for special education and related services. If the IEP team suspects that a medical evaluation is necessary to determine if a medically related disability is present, City Schools is responsible for the full cost of the evaluation. This does not include obtaining an emotional/behavioral related medical diagnosis, which is not required under IDEA. The IEP team cannot require the parent to have a medical evaluation completed and provide the IEP team with documentation. If the IEP team suspects that the student may demonstrate symptoms of attention deficit hyperactivity disorder (ADHD), the IEP team, in consultation with the school psychologist, may order an evaluation to be conducted by the school psychologist who evaluates the student s ability to focus and attend, and includes all other relevant information. A medical diagnosis is not required to determine if the student exhibits symptoms of ADHD. Qualified Provider: Medical doctor; (school psychologist for emotional/behavioral and ADHD determination) 11. Counseling (Office of Related Services) School counseling services within the public school setting are designed to assist the student in accessing the education program by addressing social, emotional, and behavioral impediments to learning. School counseling is not a clinical therapeutic service provided to address matters that are not related to the student s educational program. Qualified Provider: qualified social workers or qualified school psychologists provide counseling services within City Schools. Depending on the needs of each individual student, guidance counselors or other qualified personnel can provide (non- IEP) counseling services in City Schools. 12. Early Identification and Assessment of Disabilities (Child Find) Early identification and assessment of disabilities in children means the implementation of a formal plan for identifying a disability as early as possible in a student s life. 13. Interpreting Services Interpreting services include: Oral transliteration services Cued language transliteration services Sign language transliteration and interpreting services Transcription services when used with respect to students who are deaf or hard of hearing. Special interpreting services for students who are deaf-blind Revised August Chapter 13

101 Qualified Providers: City Schools Instructional Specialists, for Vision and Deaf/ Hard of Hearing programs, work with the IEP team to determine when these services are required and who the providers will be. 14. Parent Counseling and Training (Office of Special Education) Parent counseling and training are services designed to assist parents in understanding the special needs of their child. These services can include providing parents with information about child development, and helping parents acquire the necessary skills that will enable them to support the implementation of the student s IEP. Qualified Providers: Qualified providers are school system staff members identified by the IEP team who have the requisite skills and expertise to address the identified areas of need. Qualified providers could include the school social worker, school psychologist, guidance or, special educator and/or general educator. 15. Rehabilitation Counseling (Office of Related Services in Conjunction with Community Agencies) Rehabilitation counseling services are services provided in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. Qualified Providers: The SLS specialist and the school transition specialist work with the IEP team to identify qualified personnel to implement this related service. 16. Recreation Recreation includes the assessment of leisure function, therapeutic recreation services, recreation programs in schools and community agencies, and leisure education. Qualified Provider: The Office of Student Learning Support (SLS) works with the IEP team to identify a qualified provider. 34 CFR (c) Special Education Services: 1. Vision Services Vision Services are specially designed classroom instruction for students with visual impairments that provide students with the accommodations and modifications related to their visual functioning. These may include software adapted for blind or visually impaired people, reading and writing Braille, navigating large print, training in the use of optical devices, orienting a person to the effective use of his or her usable vision, understanding body language and other visual concepts, or activities of daily living. These services may be provided by the Special Education Classroom Teacher under the direction of (with consultation from) a Teacher of the Visually Impaired (TVI), or directly by the certified Teacher of the Visually Impaired. Revised August Chapter 13

102 Qualified Provider: The general educator, special educator, and/or teacher of the visually impaired can provide vision services as indicated on the IEP, with consultation/support/direction from TVI. 2. Hearing Services Hearing services are specially designed classroom instruction for students with hearing impairments that provide students with the accommodations and modifications related to their hearing function. These may include software adapted for deaf or hearing impaired people, a signing specialist, training in the use of lip reading, orienting a person to the effective use of his or her usable hearing, understanding body language and other visual concepts, or activities of daily living. These services may be provided by the Special Education Classroom Teacher under the direction of (with consultation from) a Teacher of the Hearing Impaired (THI), or directly by the certified Teacher of the Hearing Impaired. Qualified Provider: The general educator, special educator, and/or teacher of the hearing impaired can provide hearing services as indicated on the IEP, with consultation/support/direction from THI. 3. Adapted Physical Education (APE) Adapted Physical Education is a program designed to provide all students, including those with disabilities, an appropriate physical education program. Adapted Physical Education ensures that students with disabilities have access to a program that enables them to achieve the same goals in physical education as their non-disabled peers. If special services are required to assist students with disabilities to master these goals, services should be provided. Instructional methods, settings, materials, and time should be modified to create an appropriate educational environment comparable to that provided for students without disabilities. 4. Service Animals The Americans with Disabilities Act (ADA) has established new regulations regarding comprehensive guidelines for public entities to follow in dealing with the special circumstances of students requiring a service animal. The new regulation affects not only students seeking to bring a service animal to school, but any disabled person desiring to bring a service animal to a public school or school function. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity s facilities (schools) where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. Effective as of March 15, 2011, the definition of a service animal is: Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disability. The ADA also requires that reasonable modifications be made to policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. Revised August Chapter 13

103 The care or supervision of a service animal is solely the responsibility of his or her owner. The LSS or school is not responsible for the care or supervision of a service animal. CITY SCHOOLS PROCESS: Eligibility and Provision of Related Services City Schools requires the IEP team after identifying a student for special education instruction to determine, in consultation with the qualified City Schools related services provider, whether or not the student requires related service(s) to access the educational environment. If a student with a disability does not need special education services, then the student does not qualify for related services under IDEA 2004 with the exception of students who demonstrate an emotional disability (See The Role of the School Psychologist in the Identification of Emotional Disability (ED) MSDE December 2011). The determination of the need for a related service must be based on written documentation completed, signed, and dated, by a licensed/certified provider of the service, in agreement with the IEP team. The related service provider who conducted the assessment, or who may provide services to the student, reports to the IEP team on the results of the assessment and instructional implications. IEP goals and objectives for each related service required in the IEP must be written by a certified/ licensed provider representing his/her respective discipline. Related services are provided to students according to the identified needs as stated in the IEP. Services are provided according to City Schools procedures. CITY SCHOOLS PROCEDURES: Related Services Staff Functions Related services personnel attend IEP team meetings at which initial or re-evaluation planning is being considered Related services personnel provide assessments to help answer questions related to the student s current educational, behavioral, social/emotional difficulties impeding access to learning Related services personnel report the findings of assessments conducted to the IEP team which includes the parents Related services personnel write IEP goals and objectives consistent with the providers area of specialization to support the student s learning if the student has been found eligible for special education Related services personnel provide consultation to parents, teachers, and administrators and other parties involved in the education of the child and his or her development through the IEP process under supplementary Aids and Services Related services personnel provide direct services to students consistent with the provider s area of specialization Services provided to students are documented through an electronic data system, Encounter Tracker (ET). Encounter Tracker (ET) is an electronic data management system, which tracks the compliance of IEP services and is used to document the provision of related services. Revised August Chapter 13

104 o Principals monitor Encounter Tracker compliance reports o Encounter Tracker Associates and assigned support staff assist Related Services managers in monitoring compliance Prevention Plan Process Electronic Prevention Plan (epp) is an application developed by City Schools to store and manages Prevention Plans electronically. Users include IEP Chairs, Special Education teachers, Related Service Providers, Principals, and other designated staff. epp helps to ensure that all assessments and services are initiated within timelines outlined in IDEA 2004 Prevention Plans are submitted via the epp system and allow for anticipation and prevention of missed services; Prevention Plan staff secures and manage additional resources to schools, in consultation with RSU supervisors/coordinators, as necessary for assessment, and direct and indirect services for students. Form A (assessment) or Form B (services) are completed at the school level A course on epp is available on Blackboard at epp is accessed via eweb Staff accessing epp can verify if a Prevention Plan referral has been received, assigned, or completed The use of prevention plans must be restricted to Preventing missed services in the event a provider is not available due to prolonged absence or vacancy Completing assessments according to legal timelines if provider is not available Assigning assessments and services for students attending Head Start programs Determining the Frequency, Duration, Location, and Provider of Special Education and Related Services The IEP team must discuss services that the student requires as well as the frequency, duration, location, and provider of each service. The IEP team has several considerations to make for each academic goal. The duration of services includes the number of minutes allocated per session. The frequency is the number of sessions per week, day, or month. When determining the frequency, duration, location, and provider of each service: The IEP team must consider the individual needs of the student and develop a plan that meets the student s individualized needs Services should be provided in an amount that will allow the student to progress in achieving goals on the state curriculum for his or her grade level Services should be provided in an amount that the team determines is most likely to ensure that the student is able to make adequate progress towards both 1) IEP goals and 2) the general curriculum goals City Schools staff must be flexible in allocating the number of minutes and sessions; a staff member s schedule may not be considered in assigning the number of sessions and minutes that will be allocated for a student. Additionally, the services for a student cannot be limited by a school s preferred model of service delivery Revised August Chapter 13

105 IEP team s determination of services should not be limited by the school schedules (periods) or service providers availability Related Services Implementation Guidelines The following related services as defined by the Federal Register and Code of Maryland Regulations are being provided and managed by City Schools Related Services Unit (RSU): physical therapy, occupational therapy, psychology, social work, counseling, audiology, and speech-language pathology. These clinical disciplines utilize Encounter Tracker as an electronic documentation and data management system. Implementation of these identified Related Services is overseen as follows: 1. Related service providers are required to provide the principal with a comprehensive schedule for IEP service delivery at each school by the end of the first week of instruction for each school year. A copy of each provider s schedule is also kept in the IEP Team office and available in the treatment book. Schedules are to be kept in a place where they are not visable to viewing by other staff or non-school employees, including parents. Any subsequent revision to the schedule is to be distributed immediately. Each related service provider s schedule must reflect that IEP related services are being delivered according to the frequency and duration specified on the students IEPs. Provider schedules for each student are to be maintained in Encounter Tracker (ET). 2. Related service providers (City Schools employees and contractual staff) must document provision of therapy services (direct and indirect) in the electronic database, Encounter Tracker (ET) on the day that the service was delivered. Providers are required to self-monitor delivery of all services. The Scheduling feature of ET provides an at-a-glance view of missed appointments. Assessments are documented via utilization of paper documentation, until such time that these types of clinical data may also be warehoused in Encounter Tracker. All Encounter Logs and documentation of service provision are to be printed, signed and filed in each student s confidential folder within five (5) business days following the end of the month. 3. Principals, IEP Chairpersons and related services staff will use the Prevention Plan process to anticipate and prevent missed services and to access additional resources as necessary. If a provider is sick or absent for any reason, in addition to notifying the school, the provider must also notify the related services Supervisor of the absence and discuss a plan for make-up of missed services within Settlement Agreement timelines. If the provider is going to be on a longterm absence, the details must be reported to the related services supervisor who will file a prevention plan. The supervisor and provider will coordinate coverage needs. The supervisor will coordinate the coverage including updating of prevention plan, Encounter Tracker and notifying the principal of provider coverage arrangements. 4. Principals have access to the School-wide Compliance Report via Blackboard. The report is derived from data entered into Encounter Tracker and lists all providers assigned to a school, caseloads, and services provided within a selected date range. Principals MUST review the report with related services staff at least monthly to ensure that all students have an assigned provider and all services due within a month are scheduled to be provided, or have been provided (if reviewing the prior month). If there are services that cannot be provided on-time (within Revised August Chapter 13

106 Settlement Agreement timelines or have not been provided as scheduled, principals will ensure that make-up services are scheduled in an expedited manner and/or contact the Related Services Unit (RSU) supervisor for assistance. The lists for RSU supervisory contacts are located at the end of the manual. 5. In advance of the monthly meeting with the principal (or at any time given a specified date range) school-based related service providers can also view their portion of the School-wide Compliance Report, via the web application. 6. Principals should meet with related services staff at least once per month. Meetings are scheduled in order to: Ensure the ongoing provision of required IEP services (discuss issues related to particular students of concern, review data reports (Maryland On-Line IEP), review supporting documentation such as School-wide Compliance Report, schedules, Encounter Logs, status of missed service make-ups, etc.) Prevent related service missed services (assessments or therapy) Ensure that documentation and principal observations reflect a level of service that meets IEP requirements Identify and resolve issues that are making service provision difficult and review status of any open issues that could result in missed services Review issues identified (if any) and follow-up plans originating from monitoring conducted by related services supervisors; communicate with related services supervisory staff as necessary Principals should maintain sufficient supporting documentation of meetings with related services staff (e.g. agendas, sign-in sheets, materials reviewed, etc.) Reminder about contractual and/or redeployed staff: These staff persons may not be able to schedule themselves in a particular school to accommodate the monthly meeting with principals. For these staff persons, principals should review the School-wide Compliance Report and send any concerns to the related services supervisors for that discipline (see 6.a.iv. above). 7. Principals must be aware of the business rules, which govern the provision of Related Services and include the following: Weekly services may ONLY be missed in the case of a student absence or school closing, MSAs or HSAs. In the event of field trips, assemblies or provider absences, services MUST be made-up within Settlement Agreement timelines. Monthly services should not be missed. Monthly services MAY NOT be scheduled on school closing dates. Providers must document attempts to provide services each week of the month. If a student has been absent for each weekly attempt, the attempts must be documented in ET and the service does not need to be made up. All services must be delivered on time. If they are missed, the make-ups must be scheduled as follows: a daily service must be made up in 5 school days; a weekly service Revised August Chapter 13

107 must be made up in 7 calendar days; and a monthly service must be made up within 10 school days from the end of the month during which the service was scheduled to be delivered. For any make-up service that will be delivered outside of these timelines, the related service provider must notify the related services supervisor. RSU tracks make- up services that are provided in the schools. All missed services and the respective timeline to make up the services are reported to the Settlement Agreement Liaison, MSDE and MDLC. Any time services are missed and made-up, the impact of the missed related services on the student s progress must be discussed at the student s next scheduled IEP team meeting. 8. The principal will report any performance issues or concerns regarding any related service provider to the appropriate related services supervisory staff person immediately. Principals shall provide to the related services supervisor/coordinator written input into the annual evaluation of related service staffing via the Principal Input Form (found in the PBES manual) at least twice per year. Principals will work collaboratively with related services supervisory staff when concerns regarding the need for enhanced monitoring, progressive discipline and/or utilization of performance improvement plans (PIP) are necessary. The PIP is developed by the related service supervisor with input from the school principal. 9. Monitoring conducted by the RSU supervisors includes: Oversight of Encounter Tracker Associates (ETA s) who are reviewing the missed services reports and unassigned student reports on a daily basis. ETA s communicate with therapists regarding status of make-up services. Review of clinician-specific and student-specific assessment and clinical records for Related Services staff Review of diligent attempts and student absences. Note: providers are required to verify student absences with school staff (as reported in SMS) to determine if a student unavailable for service was absent for the day or tardy. Review of services missed and made-up services scheduled/completed. Particular attention to ensure services made up within Settlement Agreement timelines. Investigation of the status of students identified as unassigned Review and monitoring to confirm that make-up services are provided to ensure IEP implementation and avoid missed services. Ongoing communication with principals, as needed, to effectively manage RSU providers. Revised August Chapter 13

108 Chapter 14 Transportation as a Related Service City Schools does not automatically provide transportation to all students as a means of accessing their regular school. If a student with a disability requires transportation as a related service, the IEP team must make the determination on a case-by-case basis. This chapter is provided as guidance when considering the student s need for transportation. Transportation includes: 1) travel to and from school and between schools; 2) travel in and around school buildings; and 3) specialized equipment such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability. 34 CFR (c) (16) If the IEP team determines a student with a disability cannot be educated in the school or typical early childhood setting the student would attend if not disabled, the IEP shall document the specialized transportation needs of the student including consideration of the effect transportation may have on the student in relation to the: (i) Student s age and disability; (ii) Specialized equipment needs of the student; (iii) Personnel needed to assist the student during transportation; (iv) amount of time involved in transporting the student; and (v) Distance the student will be transported. COMAR 13A C (3) Definitions etr - The Electronic Transportation Request Data Form (etr) is a web based form, designed to help facilitate an effective and efficient means to ensure that all students who require transportation receive the service without any interruptions. etr allows for the automation of transportation requests for eligible students. The electronic data form links with appropriate systems (SMS and Trapeze) electronically to ensure data integrity and visibility Transportation Coordinator - The Transportation Coordinator is the school-based staff member who acts as the school s liaison with school bus personnel and the Office of Pupil Transportation (OPT). The primary duties of the school-based transportation coordinator include: entering of student transportation requests into the etr application, ensuring initiation of new transportation, monitoring of bus and taxi arrivals, supervising of students loading and unloading from transportation vehicles, supervising of students into and out of the school building, accurately documenting of late student arrivals (i.e., Late Arrival Logs), and recording of transportation arrivals/unload times into the Translog application. The full scope of the duties of the Transportation Coordinators is outlined in The Transportation Coordinator s Manual. The Transportation Coordinator and the school IEP Chair must be in close communication to ensure the timely initiation and delivery of all transportation as a related service to students with disabilities. Eweb City Schools web-based intranet applications portal Revised August Chapter 14

109 Maryland Online IEP (MDOIEP) MSDE web-based application to document the IEP process. OSE Office of Special Education (City Schools) OPT Office of Pupil Transportation (City Schools) Resident school The school that the student would attend if he/she did not require a specialized program as determined by the IEP LRE Least Restrictive Environment Specialized equipment - Equipment required to ensure access and safe travel for the student. This may include safety harness, vests, ramps lifts, etc. Medically Fragile - Students who have severe chronic or acute medical/health conditions. Americans with Disabilities Act of 1990 (ADA) - Legislation enacted to prohibit discrimination based on disability. Rehabilitation Act of 1973 Section 504- Specifically prohibits discrimination against individuals with handicaps by any government program or activity that receives Federal funds. The key phrase in Section 504 declares, in part: "No otherwise qualified handicapped individual in the United States shall, solely by reason of his (or her) handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance BIP - A plan of positive behavioral interventions in the IEP of a child whose behaviors interfere with his/her learning or that of others. ESY - Extended school year services. FAPE - Free appropriate public education; special education and related services provided in conformity with an IEP; are without charge; and meets standards of the SEA. Orientation and mobility services - Related service; includes services to visually impaired students that enable students to move safely at home, school, and community Transportation - Related service about travel; includes specialized equipment (i.e., special or adapted buses, lifts, and ramps) if required to provide special transportation for a child with a disability. (See regulatory definition above) Revised August Chapter 14

110 City Schools Process: IEP Team Process Eligibility The IEP team is responsible for determining, on an individualized basis, if a student with disabilities requires transportation as a related service in order to receive a free appropriate public education (FAPE). Transportation may be required for students, in order for the student to benefit from special education and receive the services indicated on the student s IEP. Transportation as a related service is not provided solely as a result of personal school choice if there is no disability related need for the selected school. Transportation services and any required specialized equipment must be provided in accordance to the student s IEP at public expense and at no cost to the parent. Transportation services provided to a student with an IEP shall be provided in accordance with the IEP, as well as any applicable federal, state, or local laws/regulations. The IEP team, which includes the student s parent, determines the need for transportation services in order for the student to benefit from special education, and includes special transportation as a related service on the student s IEP. If the IEP team is aware of any unusual or complex transportation needs of the student prior to the IEP team meeting, a member of the IEP team should contact the Office of Pupil Transportation (OPT) to discuss these needs and the supports available to address them. In these cases, it may be necessary to invite a representative of the OPT to participate in the IEP team meeting if the OPT representative s expertise is required to make an appropriate decisions on how the student s needs can be met. The OPT representative would be acting as the related service provider for transportation as a related service. Considerations in determining eligibility for special transportation services The first question the IEP team should consider is whether the student s placement is in his or her resident school. If the student is attending his/her resident school, the IEP team should consider any factors that would affect the student s ability to safely traverse to school or physical factors that require accommodations, support or specialized equipment to access his/her IEP services the same as nondisabled peers. The following information is being provided to guide the IEP team s discussion regarding the student s need for special transportation. The IEP team must consider all individual needs of the student in making the determination regarding transportation. The National Center for Safe Routes to School (NHTSA) published a Safe Routes to School Guide that may be useful to IEP teams in determining if a student may safely walk to school. Some key factors to consider, according to this guide include: Can the student determine a safe place to walk (i.e., sidewalks or paths that are out of the street) Revised August Chapter 14

111 Can the student determine an appropriate, safe place to cross the street (i.e., one with a clear view of traffic and with crossing signals or a crossing guard) Can the student cross the street safely by judging when it is safe, and then maintaining concentration to cross the street? Can the student stop, wait until it is safe, listen for traffic, and look for oncoming traffic or other hazards before crossing Additionally, a student s growth and development factors into his/her ability to safely walk to school: If a student is 4-6 years old, the student will need to be accompanied by an adult to safely traverse to school by walking If a student is 7-9 years old, supervision at street crossings or near traffic is likely required: o Does the student understand that traffic is dangerous? o Does the student know how to identify safe crossing sites? o Does the student know to stop, look and listen before attempting to cross a road? o Does the student understand when it is safe to step out onto the road, and to continue to look for traffic or hazards while crossing? o Does the student understand that he/she must cross the road quickly and directly? If a student is 10+ years old, he/she may be able to cross roads with little or no supervision, however, the considerations for the 7-9 year olds still applies The IEP Team has determined the student cannot safely walk to school or ride MTA and special transportation must be considered If the IEP team determines that the student requires special transportation, the team must document the effect the special transportation may have on the student in relation to the following factors: Areas of Consideration Student s age and disability Placement in Resident school Change of Placement Guidance The student s age must be considered due to possible impact on safely transporting student. Example: If the student is age 3, a cab is not an appropriate mode of transporting the student. (see below for guidance related to consideration of taxicab as mode of special transportation) The student s disability must be considered to address any possible impact the student s disability may have on safely transporting the student. Example: Autistic student may not be able to sit with any other student. Cognitive level impacts a student understands of directions. These considerations must also be documented. Revised August Chapter 14

112 Areas of Consideration Specialized equipment needs of the student Personnel needed to assist the student during transportation Amount of time involved in transporting the student Distance that the student will be transported Placement in Resident school Change of Placement Guidance The need for special equipment in order to travel safely to and from school must be specified. Example: Student is in a wheel chair or scooter and needs a bus with a lift and lock. Other specialized equipment may include: vest/harness, car seat or oxygen. (see below for more detailed list of specialized equipment) The student requires special personnel in order to travel safely to and from school. Example: Student needs adult supervision to provide intervention on the bus and to maintain a safe environment for all students. Personnel may include: Temporary Support Person, Parent with Infant (PIES ONLY), Registered Nurse. The length of time the student will travel must be considered to ensure that the amount of time the student is on the bus will not impact the student s ability to access the IEP services and/or physical needs. Example: Student on the bus for over 1 hour exceeds toileting limitations. The distance the student will travel must be considered to ensure that the distance traveled will not impact the student s ability to access the IEP services. The IEP team must consider, document and determine the eligibility for special transportation that the student requires and any specialized equipment or staff assistance that the student will require to access the transportation. City Schools special transportation mode will be yellow bus unless the IEP team documents the need for an alternate mode of transportation. For example, the team may determine with appropriate doctor s orders that a student requires transport via taxicab due a time sensitive medical procedure (i.e., routine cauterizations). CITY SCHOOLS PROCEDURES: Documentation for any required specialized equipment The IEP team must consider and document any specialized equipment the student may require in order to access the special transportation. Specialized Equipment may include: Harnesses, vests or other restraint devices Brackets, locks or other securing devices Car seats Revised August Chapter 14

113 Power lifts or ramps Handrails Air-conditioning or other climate control (with doctor s orders) Tinted windows or light controls (with doctor s orders) Secure transport of medical equipment (i.e. oxygen) Note that specialized equipment may also be necessary to facilitate the student s movement in and around the school building(s) and campus. Specialized equipment in this case may include: Wheelchairs, walkers, canes Ramps, elevators, lifts Handicap buzzers on doors for access Restroom facilities at the appropriate height for wheelchair access Note that service animals can be transported to assist the student with disabilities. See Compliance Manual: Related Services/Service Animals. Documentation for Required Support Personnel The IEP team must thoroughly document the student s need for additional support personnel required to assist the student during transportation. Personnel may include: Temporary Support Person, Parent with Infant (PIES ONLY), or Registered Nurse. (A doctor s order is required for the student to receive support for a nurse). All information must be documented in the Discussion to Support Decision Section of the Maryland Online IEP including the discussion of the criteria specified in the table above (i.e., time and distance of travel). Considerations for Medically Fragile Students For medically fragile students with disabilities, a representative from OPT will be available to provide consultation or to attend meetings pertaining to transportation services upon notice from the IEP team. If a representative from OPT is unavailable to participate in the meeting, the IEP chair must arrange to collaborate with a representative from OPT to determine the information that is needed to make an informed decision concerning transportation. An emergency plan will be developed during the IEP process that provides direction to bus personnel should a student s condition become life-threatening while the student is transported by a school bus. The plan shall also contain a provision for when a parent or guardian is not available in the afternoon to receive the student at the established time and drop-off location. City Schools health personnel (i.e., school nurse in conjunction with student s medical doctor) must develop a Medical Care Plan containing the following information: A brief description of the student s current medical health or behavioral status A description of interventions, including frequency that may be necessary while student is riding the school bus. This may include, but is not limited to, specific checking to see if the seatbelt is fastened, that a wheelchair is properly anchored, that the nurse is on the bus if required, etc. These activities are beyond the regular procedures conducted by the bus driver and or bus aide Revised August Chapter 14

114 Specific training and skills needed by bus personnel to ensure that specialized equipment such as oxygen containment systems, suction equipment, apnea monitors, and other adaptive devices is properly secured while being transported on the bus Except as described above, school bus personnel may only provide routine, nonmedical assistance. Considerations for Transporting Preschool aged children When pre-school age children are transported in a school bus, the child should be transported in a Child Safety Restraint System (suitable for the child s weight and age) that meets applicable Federal Motor Vehicle Safety Standards (FMVSSs). This specialized equipment must be documented on the student s IEP, and included on the etr form. Communication / Timeline It is the responsibility of the IEP Chair to communicate any new/changed transportation requirements to the school s designated Transportation Coordinator. The following guidelines are best practices to ensure that students with disabilities are transported in a timely manner. Note that Day is a school day, not calendar day. Transportation ADDED as a new service in the current school Day 0 Day 1 Day 2 Day 2 Day 3-5 Day 6 IEP team meeting conducted; Parent consent must be received IEP Chair completes and submits etr data form to School-based Transportation School-based Transportation Coordinator ensures that student data is input into Office of Special Education representative reviews and approves Office of Pupil Transportation approves request; routes student, Transportation services initiated. IEP chair verifies and documents the initiation of service.* before proceeding if this is an initial IEP. Coordinator. etr, and notifies IEP chair that input into etr is completed. request for transportation. notifies transportation provider; notifies parent. *Verification of service: IEP chair must indicate on the Communication Log in the student s special education folder the actual start date for transportation as a related service. Transportation with A CHANGE IN Placement (assign to citywide program or specialized school) Day 0 Day 1 Day 2 Day 3-5 Day 6 IEP team meeting conducted; Parent consent received (initial IEP only). IEP Chair completes and submits data form to IEP Team Specialist. Office of Special Education representative reviews approves and signs request for transportation. Office of Special Education submits signed form to the coordinator of citywide programs. Coordinator for citywide programs reviews information, processes information indicating servicing OPT approves request; routes student, notifies transportation provider; notifies parent. Transportation services initiated. IEP chair or nonpublic representative (as appropriate) verifies and documents the Revised August Chapter 14

115 Day 0 Day 1 Day 2 Day 3-5 Day 6 school, and enters information into etr. initiation of service.** Office of Special Education approves etr request. **Verification of service: IEP chair must indicate on the Communication Log in the student s special education folder the actual start date for transportation as a related service Monitoring the Provision of Transportation Services Initiation The school-based Transportation Coordinator must review the transportation report #80 weekly to ensure that all students with disabilities requiring transportation are processed accurately in etr to enable a timely initiation of transportation services. These reports can be accessed through eweb: Schools that do not have access to the data cleansing reports will receive weekly reports from the Office of Special Education Data Monitoring and Compliance organization. Daily Monitoring The Transportation Coordinator must monitor and document the arrival of all transportation for their schools (i.e. bus and cabs): Late Arrivals: The Transportation Coordinator must notify the IEP chair of all students with disabilities who experienced late arrivals due to transportation. (Note: At the beginning of each school year, the IEP Chair and the school-based Transportation Coordinator should work out a process to inform the IEP Chair when students with disabilities are arriving late due to transportation. This process should be documented in the school s Special Education Management Plan). Absence: For any student with a disability that is absent from transportation, and has not been transported to school by another mode (i.e., parent transports), the Transportation Coordinator must notify the IEP Chair of the absence. (Note: At the beginning of each school year, the IEP Chair and the school-based Transportation Coordinator should work out a process to inform the IEP Chair when students with disabilities are absent from transportation. The Special Education Management Plan should contain a process to monitor student absence from transportation and conduct due diligence to determine the cause for multiple absences (i.e. absences were caused by bus not picking up student, student illness or student refusing the special transportation service). Documentation of Missed IEP Services Related to Transportation How to Document: IEP Chairs must maintain an ongoing documentation of missed IEP services as a result of late arrival of transportation as a related service. This documentation must be reviewed by the IEP Chair and the administrator, on a quarterly basis as a minimum, to determine the need for further action to ensure the provision of FAPE. This documentation should also be shared with all services providers for consideration during the quarterly reporting of progress to the parent. Revised August Chapter 14

116 When is it necessary to hold an IEP team meeting to determine impact on FAPE? An IEP team meeting must be scheduled and conducted to determine if there is a negative impact on the provision of FAPE whenever 1) transportation has caused the student to miss IEP services or 2) the late transportation arrivals represent a pattern (amount of time missed, subject effected/missed, and occurrences). Isolated episodes and occasional missed classes due to transportation are not likely to require a remedy. The IEP team must discuss, document and determine if the missed services had a negative impact on the student s academic performance, and then make a determination of any required remedy. Documentation in preparation for an IEP team meeting to discuss FAPE The following information must be gathered in preparation for the FAPE meeting: Documentation of dates and missed IEP services caused by late transportation services Student class schedule for the dates that the student was affected by late transportation All other documents required to conduct an IEP team meeting to discuss FAPE All of the above documentation must be provided to the parent in accordance with state regulations. IEP team meeting to discuss FAPE The IEP team must discuss and document any IEP services/instruction missed as a result of late transportation arrivals. The team must consider various factors when determining the effect that the late arrival may have had on the student including report card and test grades, behavior, social-emotional factors, health, or any other documentation available. Documentation of the team s discussion should be included in the Present Level of Academic Achievement and Functional Performance: Area of Discussion section of the IEP. Guiding Questions Did the student s late arrivals impact his/her instructional program? Did the late arrivals impact the delivery of IEP services? Were the late arrivals a result of unusual circumstances (i.e., Grand Prix) Did non-disabled students also experience late arrivals as a result of unusual circumstance (i.e., inclement weather)? Is there a pattern of late arrivals? When determining the impact, the IEP team must discuss and document the services and instruction that were missed due to late arrival and how the student was negatively impacted. Note: Depending on the student s schedule and LRE, students with intensive services (LRE C, special programs, or special schools) time spent with nondisabled peers (i.e., breakfast, and homeroom) may be considered a missed service. If the IEP team determines that there was a negative impact caused by the late transportation, the IEP team must discuss and document an appropriate remedy. Refer to Special Education Compliance Manual: IEP Implementation for specific instructions on documenting a remedy for failure to provide FAPE. Revised August Chapter 14

117 Discussion of Late Transportation during Annual Review of the Student s IEP The IEP chair must schedule and conduct an IEP team meeting to discuss and document the impact the late bus arrivals has on the student s education at least annually. The parent notification letter must indicate the discussion of late transportation arrival(s) as one of the meeting purposes. The following additional information must be gathered in preparation for the Annual Review IEP team meeting: Documentation of dates and missed IEP services caused by late transportation services Student class schedule for the dates that the student was affected by late transportation Any other documents required to conduct an Annual Review IEP team meeting to discuss and determine whether there was failure to provide FAPE and any respective remedy If transportation as a related service is discontinued as a result of a decision made by the IEP team, the IEP Chair must notify the school-based Transportation Coordinator to discontinue the service. Discipline on the School Bus The same rules of discipline apply to misbehavior that occurs on a school bus as those that apply in the classroom. A bus suspension is the equivalent of an out-of-school suspension in terms of triggering procedural safeguards and City Schools obligation to provide FAPE: Disciplinary procedures may only be conducted by a school administrator A bus driver cannot deny a student access to his/her special transportation services. The bus driver must follow OPT procedures for reporting incidents to school administrators School administrators must notify the IEP Chair of any incidents occurring on special transportation The IEP Chair must review incident reports with the administrator and determine if an IEP team meeting is required to consider 1) alternate mode of transportation which must be in place at the time of discontinued bus service, and/or 2) develop/review/revise Behavioral Intervention Plan Transportation for academic, non-academic and extracurricular programs/activities that occur outside of the normal school day The IEP team must provide an explanation to the extent, if any, a student with a disability will or will not participate with non-disabled peers in academic, non-academic and extracurricular programs/activities that occur outside of the normal school day. The IEP must further discuss and document any transportation needs of the student to participate in these activities. City Schools must ensure that students with disabilities have an equal opportunity to participate in non-academic and extracurricular programs and activities afforded their non-disabled peers. IEP teams must clearly document in the MDOIEP/LRE Decision Making and Placement Summary section, the transportation needs of the student to participate in academic, non-academic and extracurricular activities. Revised August Chapter 14

118 Ending Transportation as a Related Service If transportation as a related service is discontinued the IEP Chair must notify the school-based Transportation Coordinator to end the service. Transportation as a related service could be discontinued if: Student exits with a diploma or certificate of completion Student withdraws from City Schools IEP determines student no longer requires service Extended School Year procedures If the IEP team determines that the student is eligible to receive ESY services, the IEP Chair must notify the school-based Transportation Coordinator to enter the student into etr as a new record for the ESY program. Revised August Chapter 14

119 Revised August Chapter 14

120 IDEA/COMAR Requirements: Chapter 15 Transition Services Transition services are a coordinated set of activities for a student with a disability that: Are designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation Are based on the student s needs, taking into account the student s strengths, preferences and interests; and includes o Instruction o Related services o Community experiences o Development of employment and other post-school adult living objectives o Acquisition of daily living skills and provision of a functional vocational evaluation, if appropriate 34 CFR (a) Transition services for a student with a disability may be considered special education, if provided as specially designed instruction, or a related service, if required to assist a student to benefit from special education. 34 CFR (b) Maryland Exit Document For a child whose eligibility under special education terminates due to graduation with a regular diploma, or due to exceeding the age of eligibility, the local education agency shall provide the child with a summary of the child s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child s postsecondary goals. 34 CFR (e)(3). City Schools Process: When Transition Services Must Be Provided In accordance with COMAR, City Schools require that beginning no later than the first IEP to be in effect when a student turns 14 years old, and younger if appropriate, a student s IEP must include: Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills Revised August Chapter 15

121 The transition services, including course of study needed to assist the student to reach those goals A statement of needed transition services including, if appropriate, a statement of a public agency and a participating agency s responsibilities or linkages, or both, before the student leaves the secondary school setting In addition, City Schools also requires: Every school to identify a transition monitor The distribution of the Transition Planning guide Full compliance with the State Performance Plan Indicator #13 CITY SCHOOLS PROCEDURES: People Who Must Attend the IEP Team Meeting When Transition Services Will Be Discussed The student must be invited to an IEP meeting if postsecondary goals for the student and the transition services needed in reaching those goals will be considered. Student invitation should be noted on the official IEP Invitation Notification. If the student does not attend the IEP team meeting, the IEP team must take other steps to ensure that the student s preferences and interests are considered. Representatives of other agencies, which are likely to be responsible for paying for or providing transition services, must also, be invited if the parent has provided informed consent for the representative s attendance at the meeting Transition Services Are Based on Student s Need The IEP team must base transition services on the student s needs. To ensure transition services are appropriately designed the IEP team must take into account the following: the student s strengths the student s preferences and interests instruction related services community experiences development of employment development of other post-school adult living objectives acquisition of daily living skills and provision of a functional vocational evaluation, if appropriate When Transition Services Must Be Provided The IEP team must ensure that all eighth graders have transition services incorporated into their IEP or sooner if the student turns 14 years old before entering the 8 th grade. Transition Monitors Each City Schools Principal of Baltimore City Public School that has transition age students (14 to 21) must assign the role of a Transition Monitor to a staff person in the school. The duties and responsibilities of the transition monitor are as follows: Attend 6 meeting/training sessions during the school year - TBA Revised August Chapter 15

122 Share information with school based staff Bring staff questions and concerns about transition to all meeting/training sessions Use the Indicator 13 checklist and monitor 3 IEP folders per month for compliance Send completed monthly checklists to Transition Coordinator Assist in coordinating appropriate transition materials for parents/families Complete exit document for exiting students Transition Planning Guide The Transition Planning Guide was developed and produced by the Maryland State Department of Education (MSDE) and Division of Special Education/Early Intervention Services. As of April 19, 2010, The Transition Planning Guide must be provided to parents at every new and annual IEP meeting for a transition student The parent/caregiver(s) must sign for receipt of the form on the last page of the City School s copy of the book, and this must be filed in the parent section of the student s IEP folder If the parent does not participate in the meeting, the Transition Planning Guide must be sent home to the parent and it must be documented in IEP Communication Log that there was an attempt to give it directly to parent/caregiver All students 14 years and older must receive the Transition Planning Guide Indicate on MD Online in designated section the data, which the Transition Planning was provided to the family Indicate in designated section which date the Transition Planning Guide was provided to the family For all students 16 years and older, the Department of Rehabilitation Services (DORS) representative must be invited to the IEP meeting. For all students, in the fall of the next to last year of school, a DORS referral should be made DORS may also be invited in any situation that an IEP Team deems necessary Transition Programs Baltimore City Public Schools offers two-community age appropriate community transition programs in college settings: The Baltimore Transition Connection Project Search Baltimore Transition Connection (BTC) is located on three Baltimore City college campuses: The Baltimore City Community College at the Inner Harbor Coppin State University Johns Hopkins University Students enrolled in BTC receive the support of a certified special educator and an experienced special education assistant. Following the Life Centered Career Education (LCCE) curriculum developed by The Council for Exceptional Children, areas of study include daily living skills, personal-social skills, and occupational guidance and preparation. Students practice everything Revised August Chapter 15

123 from managing a checking account and purchasing food, to decision-making skills and resume writing. The instruction is student-centered and, therefore, the areas of interest and need to the current class are prioritized, and presented through a multi-sensory approach. BTC differs from the traditional school setting in that it is community based. Weekly community trips accommodate the lesson plans. If the goal is to plan and prepare a meal, the students visit the grocery store and purchase all items needed for a delicious meal. Employment is our ultimate goal: students acquire applications, volunteer, and work at various locations throughout the community. The majority of our students are travel trained and they use public transportation to and from school and to any work experience they may obtain. For those students who enter the program and are not travel trained, instruction on traveling by the different modes of the Maryland Transportation Administration is taught along with accessing Taxi Access and mobility. In addition, our vast amount of community travel enables students to learn numerous bus routes and become increasingly independent in getting around the Baltimore area. For additional information, please contact the Office of Student Learning Support. Project Search Project SEARCH, is an innovative one-year internship program for motivated Baltimore City high school students with disabilities through a collaborative partnership with: The Arc Baltimore DORS The University of Maryland at Baltimore City Schools The program provides guidance and experience to those students who want to explore career options, develop real job skills and learn to live more independently. Project SEARCH, which is based on a nationally successful model, is housed on the grounds of The University of Maryland at Baltimore. The program follows the Baltimore City Public School calendar and runs weekdays from 8 a.m. to 2:30 p.m. Students begin and end their day in the classroom on the downtown campus either at the University of Maryland, Baltimore or the University of Maryland Medical Center. They spend the balance of their time participating in on-campus internships of their choice. Through these internships, students learn general office, basic computer and/or labor skills as they prepare for the workforce. Exit Document COMAR refers to the Summary of Performance as the Exit Document. The Maryland Exit Document provides graduating/exiting students with IEPs important information that they may use as they transition from school to post secondary activities. These activities may include employment, postsecondary education, supported employment, or independent living provided by community service agencies. The document is given to students as a companion to the Maryland High School Diploma or the Maryland High School Certificate of Program Completion. The document is generated using a web-based program. This document is Revised August Chapter 15

124 developed by a school staff member and the student with input from the student s family. Data for the document should be gathered at the student s IEP team meetings where transition planning takes place. The School Principal will designate the staff member responsible for completing the Maryland Exit Document. Each City High School, Non Public education facility, and other schools with prospective graduating seniors and students exiting with a certificate of program completion will have School Level Administrative Logon rights to the web- based program used to generate the Maryland Exit Document issued by the Office of Student Learning Support Transition Unit. Exit documents can be entered in the database as early as the ninth (9 th ) grade and must be completed and issued along with the diploma/ certificate of completion by the school s graduation date. A copy of the Exit Document should be maintained in the student cumulative folder along with either the diploma or certificate of program completion. The Maryland Exit Document contains the following ten sections: Demographic Information - This section provides basic demographic information such as the student s name, address, and phone number Course of Study - This section highlights the student's curricular experiences Educational Supports - This section identifies the supports that have been the most significant in helping the student in his/ her classes throughout high school, and the anticipated supports that the student may need in postsecondary institutions Employment Preferences - This section provides the student with the opportunity to identify his/ her preferred job and/ or preferred working conditions Personal Interests - This section provides the student with the opportunity to include favored extracurricular and non-school related activities or other interests Personal Attributes - This section identifies attributes that best describe the student Vocational Supports - This section identifies the supports that have been the most significant in helping the student in their job experiences throughout high school, and the anticipated supports/services that the student may need in future employment Work History - This section identifies the student's job/training experiences throughout high school References - This section provides the student with the opportunity to include personal/character references and/ or employment references Skill Rating - This section provides information about the student's individual characteristics and level of skill in three broad areas: Basic Academic Skills, Personal Attributes, and Vocational Skills Revised August Chapter 15

125 Revised August Chapter 15

126 Chapter 16 Placement Determination/Least Restrictive Environment Decision Making IDEA/COMAR Requirements: Definition of Placement Determination The educational placement decision is made by the IEP team at least annually to determine the educational setting in which the student s special education instruction will occur. Unless the student s IEP requires a different arrangement, the student is educated in the school that he or she would attend if nondisabled. 34 CFR The placement determination identifies the educational settings in which the student s Individualized Education Program (IEP) will be implemented. The IEP team makes this decision. Placement decisions require that: The student s placement decision must be made by the student s IEP team The placement in the least restrictive environment (LRE) is based on, and consistent with the student s IEP Unless the student s IEP requires some other setting, the student is to be educated in the school the student would attend if not disabled, and as close as possible to his or her home Definition of Least Restrictive Environment (LRE) According To Individuals with Disabilities Act (IDEA) The LRE is the educational setting where a student with a disability can receive a FAPE (Free Appropriate Public Education) designed to meet the student s unique needs, while being educated with peers without disabilities in the general educational environment, to the maximum extent appropriate. The LRE mandate of IDEA requires students with disabilities to receive their education to the maximum extent appropriate with children who are non-disabled. The Relationship between Least Restrictive Environment (LRE) and Educational Placement Policy Each public agency must ensure that: To the maximum extent appropriate, children with disabilities, including children in public or private institution or other care facilities, are educated with children who are nondisabled Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if 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 34 CFR City Schools must maintain a continuum of alternative placements to meet the needs of students with disabilities. This continuum includes instruction in regular classes, instruction in special classes, special schools, home instruction and instruction in hospitals and institutions. City Revised August Chapter 16

127 Schools must also make the provision of supplementary services (such as resource room or itinerant instruction) and related services in conjunction with regular class placement. COMAR13A B 34 CFR Who Makes the LRE Placement Determination The IEP team makes the LRE placement determination. (See Chapter 6 for description of required IEP team members). COMAR 13 A C.(1)(a)(i) How Is a Placement Determination Made The IEP team develops the goals and objectives of the IEP based on the student s individual needs. This includes any instructional accommodations or modifications that the student may require. 34 CFR (b)(2) The IEP team then considers the supplementary aids and services, program modifications and supports that can be provided to the student in the general education setting. The student cannot be removed from the regular education classroom solely due to needed modifications to the classroom. 34 CFR (e) Placement Decision The placement decision must be made at least annually. 34 CFR (b)(1) If the student s placement determination requires that a student attend a school other than the school he/ she would attend if nondisabled, the assignment must be to a school as close as possible to the student s home. 34 CFR (b)(3) Transportation Consideration If the IEP team determines that a student with a disability cannot be educated in the school or early childhood setting that the student would attend if nondisabled, the IEP team must document the specialized transportation needs of the student. The IEP team must consider the following factors in determining whether the student requires specialized transportation: Student s age and disability Specialized equipment needs of the student Personnel needed to assist the student during transportation Amount of time involved in transporting the student Distance that the student will be transported COMAR 13A C.(1)(e) Revised August Chapter 16

128 CITY SCHOOLS PROCESS: City Schools requires the IEP team to always consider the general education setting first and discuss how special education services and supports can be provided to the student in the least restrictive setting. It is the responsibility of the IEP team to fully document why the student cannot receive services and supports successfully in the general education setting and needs to be removed for a portion of the day from his/her non-disabled peers. The continuum starts with the general education classroom. Discussion must include general education classes, special classes, special schools, home instruction, and instruction in hospitals and institutions or other settings unless the nature or severity of the disability is such that education in regular classroom settings, with supplementary aids, services, program modifications and supports cannot be implemented satisfactorily. If the general education setting is not appropriate even with modifications and supports, the student is to receive his/her education in a setting with the least amount of segregation from the student s nondisabled peers, as possible. In short, LRE relates to the settings where a student with a disability receives special education services, and how much time is spent in those settings, and not what services a student is to receive. For additional information, see the MSDE Technical Assistance Bulletin 9A which is available on the MSDE website. For preschool children with disabilities, LRE is based on the percentage of time a child spends in a regular early childhood setting. A regular early childhood setting, composed of 50% or more nondisabled peers, includes: Head Start Public school pre-kindergarten or kindergarten programs Reverse mainstream classes Private preschools Group child care The time a child spends in Head Start, public or private preschool, or group day care is considered as general education hours. The child s total program (regular education and special education hours combined) cannot exceed 8 hours per day. The IEP team then determines whether the student s IEP can be implemented in the general education setting satisfactorily with the recommended supplementary aids and services. Yes - The team documents its decision including the rationale and supporting documentation for its determination as part of the Prior Written Notice No - The team documents its decision including the rationale and supporting documentation for its decision as part of the Prior Written Notice If the IEP team determines that the IEP cannot be satisfactorily implemented in the general education classroom, then the team considers other configurations of instruction and service delivery, such as a combination of general education and small group instruction (resource room), self-contained classroom, etc. Revised August Chapter 16

129 The team documents its decision for each option considered and rejected as part of the Prior Written Notice. The team must consider the supplementary aids and services for the student that are appropriate for each placement option. The student may not need all of the supplementary aids and services considered for the general education classroom if he/she will receive the IEP services in a more restrictive setting. However, this first entails an individualized inquiry into the unique educational needs of the disabled student in deciding the possible range of aids, services and supports that are needed to facilitate the student's placement in the regular educational environment before a more restrictive placement is considered. Supplementary Aids and Services are often critical elements in supporting the education of children with disabilities in general education classes and their participation in a range of other school activities. IDEA s definition of this term reads: Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate... In practice, supplementary aids and services can be accommodations and modifications to the content of the curriculum or the manner in which that content is presented or a student s progress is measured. Supplementary aids and services can also be direct services and supports to the student, as well as support and training for staff who work with that student. That is why determining what supplementary aids and services are appropriate for a particular student must be done on an individual basis. CITY SCHOOLS PROCEDURES: In determining appropriate placement, the IEP team must consider: The educational benefits to the student with a disability in a general education class supplemented with appropriate aids and services, in comparison to the benefits in a separate special education classroom The non-academic benefits to the student with a disability when interacting with students who are not served in special education The degree of disruption of the education of other students, resulting in the inability to meet the unique needs of the student with a disability The goals and objectives of the IEP based on the student s individual needs. This includes any instructional accommodations or modifications that the student may require The supplementary aids and services, program modifications and supports that can be provided to the students in the general education setting. The student cannot be removed from the general education classroom solely due to needed modifications to the classroom Placement decisions cannot be solely based on: Category of the student s disability Revised August Chapter 16

130 Significance of the student s disability Language and communication needs Needed modifications in the general curriculum Configuration of City Schools delivery system Availability of space of educational or related services Administrative convenience The IEP team must consider every recommendation or suggestion proposed by the parent or an IEP team member. Rejection of any recommendation must be based on documentation relating to the student s needs. The rationale and the supporting documentation must be recorded on the Prior Written Notice form. If the IEP team suspects that the student may require placement in a specialized program (PAL, Life Skills, ED, Vision or Hearing Impaired), the IEP team must consult/ collaborate with the appropriate specialist to make an informed decision. The specialist should be invited to attend the IEP team meeting at which the IEP will be developed and placement determined. Description of Specialized Programs Program for Autistic-Like Behavior (PAL) Program - The PAL Program is designed for individuals with autism, which is a pervasive developmental disorder that typically appears during the first three years of life. Autism is the result of a neurological disorder that affects the normal functioning of the brain, affecting development in the areas of communication and language, social interaction, and behavior. The instructional emphasis is on communication, academic, behavior management, functional and social/life skills. Life Skills Program - The Life Skills Program is designed to provide instructional support to students with intellectual disability who have concurrent deficits or impairments in adaptive functioning in at least two of the following areas: self-care, home living, social/interpersonal skills, self-direction, work, leisure, health, safety, and use of community resources. The instructional emphasis is on the academic content areas with an integration of activities of daily living that are needed to support functioning in the home, school, community, and at work. ED Program - The ED Promoting Respect Integrity Discipline and Excellence (P.R.I.D.E.) Program is designed for students diagnosed with emotional disturbance who need intense behavioral supports and therapy in order to be successful in their classroom. Types of emotional disabilities can include: emotional disturbance, generalized anxiety disorder, obsessivecompulsive disorder, panic disorder, post-traumatic stress disorder, societal anxiety disorder, specific phobias, depression, bipolar disorder, seasonal affective disorder, and schizophrenia. The instructional emphasis is on appropriate therapy, instruction, and positive behavioral supports. Vision Program - The Vision Program provides services to students who have vision disability. The three major types of vision disability are those related to: Acuity (clarity of sight) Field (seeing within 180 degrees) Cognitive (failure of the brain to process information from the visual pathways) Revised August Chapter 16

131 In order to assess the visual functioning of a child, a report from a qualified medical examiner (ophthalmologist, optician, neurologist, doctor) is needed first. Instructional supports include modifications, such as, magnification devices, large print books, books on disc, or materials in Braille. Deaf or Hard of Hearing Program - The Deaf or Hard of Hearing Program provides services to students who have been diagnosed with hearing loss. Hearing loss is measured in decibels and can be mild, moderate, severe, or profound. The types of hearing loss are: Conductive - This is the most common hearing loss in children and occurs when sound is blocked in the external or middle ear Sensorineural - This hearing loss involves the inner ear or the nerve cells and is a permanent condition Mixed - This is a combination of both conductive and sensorineural loss A child with a hearing loss usually needs a full speech and language evaluation to help plan for educational services. Instructional support may include hearing devices, and accommodations/ modifications to support academic and language development. IEP Team Discussion Requirements Guiding questions to ask during the discussion: Can services be provided in general education without supplemental services Can services be provided in general education with supplemental services Review the following to answer the questions above: Begin with a general education setting Use the student s IEP as the basis for the IEP team s placement decision Services and placement that will reasonably promote educational success must be individually determined and be based on the student s unique abilities and needs Determine the educational needs of each student with a disability in order to evaluate the appropriateness of the full range of supplementary aids, services, and supports needed to facilitate specialized instruction in general education settings before a more restrictive placement is considered Determine the extent that the student with a disability will be able to participate in the general education classes, services, and activities: o Review of student s present level of academic achievement and functional performance which describes how the student s disability affects the student s involvement and progress in the general curriculum o Review of a student s measurable goals and benchmarks Consider the supplementary aids, supports, services, and accommodations to be provided in order to facilitate the student s access and progress in the general curriculum and to participate with nondisabled peers in general education, extracurricular, and nonacademic activities Consider whether placement in general education settings will result in any potential harmful effect on the students or on the quality of service that the student needs Revised August Chapter 16

132 Consider whether placement in general education even with the implementation of documented rigorous behavioral interventions as indicated in the student s BIP, will significantly impair the learning of others Calculating the LRE is based on setting and time. The LRE is reported as a percentage of time within a school day that a student with a disability is removed from general education settings or segregated from disabled peers. The amount of time removed is translated into a percentage of the school day. The percentage of time outside of the general education setting is then assigned an LRE categorical code Transportation Consideration Transportation services provided to a student with an IEP shall be provided in accordance with that plan, as well as any applicable federal, state, or local laws/regulations. The IEP team must document the consideration of the following factors when determining the student s need for transportation: Student s age and disability Specialized equipment needs of the student Personnel needed to assist the student during transportation Amount of time involved in transporting the student Distance that the student will be transported For medically fragile students, transportation personnel will be available to attend meetings pertaining to transportation services upon notice from the IEP team. An emergency plan will be developed during the IEP process that provides direction to bus personnel should a student s condition become life threatening while the student is transported by a school bus. The plan shall also contain a provision for when a parent or guardian is not available in the afternoon to receive the student at the established time and drop-off location. A Medical Care Plan will be developed that contains at a minimum, the following information: A brief description of the student s current condition A description of what interventions, including frequency that may be necessary while riding the school bus Specific training and skills needed by bus personnel to ensure that specialized equipment such as oxygen containment systems, suction equipment, apnea monitors, and other adaptive devices is properly secured while being transported on the bus o Except as described above, school bus personnel may only provide routine, nonmedical assistance After consideration of these factors, the IEP team documents and determines the type of transportation that the student requires (yellow bus, MTA) and any specialized equipment (for example: vest, harness, car seat) or staff assistance that the student will require to access the transportation. If the IEP team is aware of any specialized transportation needs of the student prior to the IEP team meeting, a member of the IEP team should contact the Office of Transportation to discuss these needs and the supports available to address them. Revised August Chapter 16

133 General education (80% or more) Description of LRE Settings and Supports Setting Discussion Suggested Supports Supports are provided in the general education setting by the general educator and/ or the special educator. Inside General Education (40%-79%) Inside General Education (less than 40%) Public Separate Day School Private Separate Day School Public Residential Facility Private Residential Facility Home and Hospital Supports are provided in the general education setting by the general educator and/or the special educator. Students can be in a small group setting for areas identified within the IEP as a need for additional support. Can be a PAL, ED, Life Skills (tend to be the city wide program) This placement is determined by the IEP team and the IEP educational specialist. City schools that service specialized populations. There are no general education students in these schools. The disabilities of students attending these schools tend to be severe to profound. This placement is determined by the IEP team and the IEP educational specialist. Non-citywide schools that service the specialized population. The non-public office, IEP team and IEP educational specialist reviews IEP and determines placement. Student attends school and lives on campus; student does not go home and receives 24 hour care. The non-public office, IEP team, IEP educational specialist, makes recommendation and LCC (Local Coordinating Council) reviews IEP and determines placement. Student attends school and lives on campus; student does not go home and receives 24 hour care. The nonpublic office, IEP team, and IEP educational specialist, make recommendation and LCC reviews IEP and determines placement. Students are assigned to this placement by the IEP team and/ or Revised August Chapter 16 Related services, modified assignments, small group setting, behavior interventions, indirect services, collaboration, services provided by general educator, can be the co-teaching model, additional adult support (with input from central office). Small group setting, supports within the general education setting as deemed necessary when student is in the general education setting, additional adult support through self contained and/or pull out program (with input from central office). Students integrated for lunch and SPARS, field trips, all school wide and extra- curricular activities with supports identified on the IEP. All services and supports listed above are also available as appropriate. All related service supports as identified on the IEP are available on a full time basis generally within the classrooms as opposed to a pull out program All services and supports listed above are also available as appropriate. All related service supports as identified on the IEP are available on a full time basis generally within the classrooms as opposed to a pull out program All services and supports listed above are also available as appropriate. All related service supports as identified on the IEP are available on a full time basis generally within the classrooms as opposed to a pull out program. All services and supports listed above are also available as appropriate. All related service supports as identified on the IEP are available on a full time basis generally within the classrooms as opposed to a pull out program. All services and supports listed above are also available as appropriate. IEP special education instruction is reduced to no fewer than 6 hours. Related services

134 Setting Discussion Suggested Supports medical staff based on the student s medical needs and/ or if the student is found to be in an emotional crisis by doctor or psychologist. This placement is generally no longer than 60 school days. IEP team meeting is recommended to be held by the resident school IEP team by the 35 th day to review the student s educational needs and placement. The IEP Team must review the previous IEP as well as the Home and Hospital IEP to determine the student s needs upon return to the academic setting. Parentally Placed in Private Schools Parents voluntarily place the student in non city schools (Religious Schools, Culturally Ethnic School). Students are provided assessments to determine if a disability exists and a service plan can be offered for related services. An IEP annual review and reevaluation are provided for students and these families by the designated school. must be reviewed to determine if the services can be reduced or suspended during this time period. Services are provided in the home, hospital, or agreed upon location such as a public library. An adult must be present during the provision of services. Note: The projected end date for service must not exceed 60 school days from the beginning date. The amount of services and type of services are specified by the Notification of Intent Letter. Revised August Chapter 16

135 Regular Early Childhood Setting (80% or more) Regular Early Childhood Setting (40% to 79%) Description of Preschool LRE Settings and Supports Setting Discussion Suggested Supports Supports are provided in the regular early childhood setting by the general educator and/ or the special educator Regular Early Childhood Setting (less than 40% ) Separate class Home Service Provider Location Supports are provided in the general education setting by the general educator and/ or the special educator. Students can be in a small group setting for areas identified within the IEP as a need for additional support. Includes preschool children dually enrolled in a preschool special education class and Head Start or day care for the remainder of the day. Preschool programs that include less than 50% nondisabled peers, with opportunities to interact with nondisabled peers. Preschool program that includes less than 50% nondisabled peers. It includes a separate special education classroom or a separate special education school. These placements are determined by the IEP team and Preschool Coordinator. Preschool children may receive services in the home setting, based on the IEP Team decision. Typically, preschool children who receive home services through an IEP are too medically fragile to attend school. Services provided to a preschool child who is not enrolled in any early childhood setting. Settings include school, clinician office, library, or clinic. Preschool children who are not enrolled in any program and receive a single service at the designated school are included in this category. Related services, small group instruction, behavior interventions, indirect services, collaboration, services provided by general educator, can be the co-teaching model, adult support (with input from central office). Small group setting, with consultation and collaboration by service providers during the time the student spends in the regular early childhood setting, additional adult support through self contained and/or pull out program (with input from central office). Students integrated for lunch and SPARS, field trips, all school wide activities with supports identified on the IEP. All services and supports listed above are also available as appropriate. IEP is implemented in a structured small group setting by a preschool special educator. Adult must be present. Service provider consults directly with parent or caregiver. Revised August Chapter 16

136 CHAPTER 17 Placement Determination: More Restrictive Environment Chapter is currently unavailable and will be distributed at a later date to be determined Revised 121 Chapter 17

137 Revised 122 Chapter 17

138 Chapter 18 Evaluation and IEP Development Transition from the Infants and Toddlers Program IDEA/COMAR Requirements: The Individuals with Disabilities Education Act of 2004 (IDEA 2004) allows States the flexibility to make Part C services available to children after age 3. Parents of children who previously received early intervention services and who are determined eligible for services under Part B Section 610 (preschool special education) may choose the continuation of services under Part C through an Individualized Family Service Plan (IFSP). Under the Part C Option, the early intervention services system shall also include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for such children until they enter, or are eligible under State Law to enter, pre-kindergarten. Children Affected Under IDEA, "infants and toddlers with disabilities" are defined as children from birth through age two who need early intervention services because they are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development Physical development, including vision and hearing Communication development Social or emotional development Adaptive development Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. The term may also include, if a state chooses, children from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided 34 CFR Transition Children participating in Early Intervention Programs (Part C), and who will participate in Early Childhood Special Education Programs (Part B), experience a smooth and effective transition to those preschool programs. Families will be included in the transition planning for their children. 34 CFR IEP team meeting The IEP team meeting can be held as early as 9 months prior to the child s third birthday. The following participants must attend the IEP team meeting: Parent (Required) Special educator (Required) Individual who is qualified to teach a child of the child s age if the child is younger than school age, or does not have a regular education teacher (Required) Individual who can interpret the instructional implications of the evaluation results Revised August Chapter 18

139 o This can be another required member of the IEP team if that person is able to interpret the instructional implications of the evaluation City Schools representative who is familiar with resources available (Required) o This can be another required member of the IEP team 34 CFR (a)(1-5) The following people must be invited to the initial IEP team meeting for a child under Part C if the parent requests: The Part C service coordinator Other representatives of the Part C system who are requested by the parent 34 CFR (f) When the IEP Must Be in Effect Any child who has a disability under IDEA and who requires special education must have an IEP in place by the child s third birthday. Parents who opt to continue with IFSP can continue until age of four. 34 CFR (b) CITY SCHOOLS PROCESS: Transition for Part C to Part B Children participating in early intervention programs under Part C of IDEA through the Health Department s Baltimore Infants and Toddlers Program (BITP) and may require preschool services under Part B of IDEA must transition to those programs with an IEP by the child s third birthday except for those parents who want to continue with Part C until 4 th birthday. Family Choice If the child is determined eligible for Part B, the parent will select Family Choice. Children currently enrolled in an infants and toddlers program, who are found eligible for preschool special education and related services, will have the opportunity to continue an Individualized Family Service Plan (IFSP) or move to an Individualized Education Program (IEP). CITY SCHOOLS PROCEDURES: At 33 months, the BITP Part C supervisor will provide the City School representative with a Transition Packet for children who may require special education and related services by their third birthday. A transition Packet may include: Transition Planning Checklist, IFSP, and Parent Consent for Release of Information, completed assessments, progress reports and medical information, etc. The IEP Team will: Review IFSP Review assessment/ progress reports and determine need for any further assessments. Determine the existence of a Part B disability (see Appendix E for a list of disability codes) Determine present level of performance Revised August Chapter 18

140 Develop annual goals and short-term objectives Identify service providers for annual goals Document frequency of identified services Discuss eligibility for Extended School Year (ESY) services Determine the Least Restrictive Environment (LRE) including supplementary aids and services Obtain appropriate signatures Discuss community resources and complete Part VI of the IFSP IFSP services will continue until the child s third birthday. If eligibility is suspected but not able to be determined, the IEP Team will: Document that the child is not eligible for Part B based on existing information Determine which additional assessments that may be necessary for eligibility for Part B Secure parent permission and conduct recommended assessments, as appropriate Schedule and send notice for appropriate IEP team meeting to parent and all required team members. Evaluation and IEP team meeting must occur prior to the child s fourth birthday If the child is determined not eligible for Part B, the Service Coordinator will: Discuss community resources and complete Part VI of the IFSP IFSP services will continue until the child s third birthday Following the IEP team meeting, City Schools Transition representative will ensure that the IEP is in effect by the child s third birthday and will: Complete etr as appropriate, for transportation services Complete IEP folder Forward IEP folder to assigned placement Notify parent of school registration requirements, if appropriate Send placement letter to parent and the Related Services Office Submit a prevention plan in order to alert the related service office of the need to assign a provider. See Chapter 17 for more information regarding the prevention plan process Confirm transportation arrangement, if appropriate When the child reaches the age of 36, months the Part C Service Coordinator will complete the data add/ change form, IFSP Part VI, and forward with the early intervention record to Baltimore Infant and Toddler Program (BITP) data entry for closure. Procedural Safeguards To ensure the successful transition of toddlers from Part C to Part B: The BITP will develop a list of all toddlers turning 29 months of age to review the status of each child s transition The BITP Part C Supervisor and Part C City Schools Transition Liaison will review the list of children turning 30 months of age on a monthly basis to determine transition status. Parental consent is obtained prior to the meeting Revised August Chapter 18

141 The Office of Special Education is provided a projected number of children transitioning from Part C to Part B within the next six months, to support the planning of early intervention services To ensure the successful transition of infants and toddlers from Part C to Part B special education services, the LSS Representative will confirm attendance. Prior to Age 3: City Schools Early Learning Office IEP team will determine eligibility for Part B service. If the child is found eligible: Family Choice Option-continue services under IFSP Terminate IFSP and develop IEP Prior to Age 4: For students transitioning from the extended IFSP to Part B services, reevaluation and implementation of service (if eligible) must occur within 45 days from receipt of the referral. Note: Referral will be made to the Early Learning Office IEP Team to determine appropriate services. Revised August Chapter 18

142 IDEA/COMAR Requirements: Chapter 19 IEP Implementation Timeline for Implementing an IEP After It Is Developed An IEP must be implemented as soon as possible after the meeting at which the IEP is developed or revised, except when: The meeting occurs during the summer or a vacation period; or, There are circumstances that require a short delay, such as arranging transportation, arranging for an IEP aide, or identifying a nonpublic school. COMAR 13A D.(3), (4) Access to the IEP Each teacher or school staff person who is responsible for the implementation of the IEP must have access to it. Additionally, each teacher and service provider must be informed of his or her specific responsibilities relating to implementing the IEP and the specific accommodations, modifications and supports that must be provided for the child in accordance with the IEP. 34 CFR (d) When a Student s IEP Must Be in Effect City Schools must have an IEP in effect for each student with a disability in its jurisdiction at the beginning of the school year. 34 CFR (a) Prior Written Notice Prior to the implementation of the revised IEP the parent must be provided prior written notice of the IEP team s determinations. See Chapter 8 for directions on completing prior written notice. COMAR 13A A (1) Parental Revoke of Consent If, at any time subsequent to the initial provision of special education and related services, the parent revokes consent in writing for the continued provision of special education and related services, the public agency: Shall provide the parent prior written notice of chapter 13 of COMAR before ceasing the provision of special education and related services May not continue to provide special education and related services to the student May not use the procedures described in Regulation.15B and C of chapter 13 of COMAR to obtain agreement or a ruling that the services may be provided to the child a Is not required to amend the student's education records to remove any references to the student's receipt of special education and related services, in accordance with 34 CFR 300.9(c)(3) COMAR 13A B (5) Revised August Chapter 19

143 CITY SCHOOLS PROCESS: City Schools requires the teacher or service provider to make sure that he/she has a copy of the IEP and/or IEP Snapshot for each student in his/her class or his/her caseload and that he/she is knowledgeable about implementing the provisions of the IEP. If staff members are only provided with copies of the IEP Snapshot, they must have access to the entire IEP via MDOIEP or review of confidential folder. City Schools requires the IEP Chairperson to close the IEP in MDOIEP on the day of the meeting, but no later than 3 business days following the meeting. Failure to close the IEP by the required timeline will result in the case appearing on data cleansing report (MDOIEP in DRAFT). If the parent did not attend, the IEP team must provide an accessible copy of the completed IEP no later than five (5) business days after the IEP team meeting has been held. CITY SCHOOLS PROCEDURES: Implementation of the IEP Students must receive their services in the type of classroom and in the manner indicated in the IEP unless an IEP team meeting is held to discuss a change in services. This applies to not only schools, which may not embrace certain models for providing special education services but also affects students transitioning to middle or high schools, which have academic periods that differ from those at the elementary or middle school level from which the student is rising. The student s class schedule and school assignment must be consistent with the identified Least Restrictive Environment on the IEP. Appropriate services providers must implement all IEP services. The appropriate service providers are identified on each services page. Service providers must document the initiation and provision of each service in the Communication Log found in each student s confidential folder when the initial IEP is implemented, each time the IEP is revised, and at the beginning of each school year. Additional documentation that IEP services are being provided should be documented in contact logs, attendance books, teachers lesson plans, class lists, providers schedules and caseload lists, and Encounter Tracker logs. All IEP services must be provided without interruption. The Communication Log must contain documentation to show that all IEP services are implemented by the legal initiation date. City Schools is obligated by the Settlement Agreement of March 2010 to make up any missed IEP services within the designated timeline. In delivering makeup services, City Schools will ensure that the students instructional program will not be negatively impacted. Schools must document how missed classroom instruction is made up in the required time and by the required service provider utilizing the Notification of Missed/Make IEP Services form (located in the forms section of this manual). Indirect services to support the teacher must be documented. Indirect services are documented on the Maryland Online IEP Part III: Special Considerations and Accommodations in the Supplementary Aids, Services, Program Modifications and Supports section. On-going documentation of the provision of indirect services must be maintained on the Universal Contact Log and Contact Note forms. These forms must be signed by an administrator and filed in the student s confidential folder by the 5 th day of the following month. Revised August Chapter 19

144 All identified instructional and testing accommodations/modifications must be fully implemented. Instructional and testing accommodations must be documented on the Maryland Online IEP Part III: Special Considerations and Accommodations in the Instructional and Testing Accommodations section. Documentation of supplementary aides and services, as well as, accommodations and modifications provided to students must be evident in teacher lesson plans. Access to the IEP City Schools requires that each teacher, service provider or school staff member who has responsibilities for IEP implementation must have a copy of the IEP and/or IEP Snapshot and be familiar with its contents. If staff members are only provided with copies of the IEP Snapshot, they must have access to the entire IEP via MDOIEP or review of confidential folder. School personnel must document in the Communication Log that the service provider received a copy of the IEP and initiated services. Prevention Plan When a school needs assistance in providing an IEP service or preventing an existing IEP service from being missed, Prevention Plan B should be submitted using the Electronic Prevention Plan process when requesting assistance with psychological, counseling, social work, speech/language, occupational therapy physical therapy, audiology, and assistive technology services. The Electronic Prevention Plan Process is accessed using e-web. If e-web is unavailable or unable to be accessed, contact the ITD Help Desk at Make note of the ticket number. Also contact the related services office to alert them of the needed prevention plan. All attempts to submit the prevention plan must be documented on the communication log. After submitting the prevention plan ongoing monitoring is required until the service(s) requested are provided. In addition, prevention plans are submitted in the following cases: Child who receives services at a Head Start program Child who receives related services who is transitioning from Part C (IFSP) to Part B (IEP) Students who receive related service through a Service Plan Students who receive related services through the Home and Hospital program Students who receive related services at an AES site Students who receive related services at an AOP The Electronic Prevention Plan process can not be used when requesting assistance with vision and adapted physical education services. Complete a hard copy of Prevention Plan B and submit to the Related Services Office for vision services and for adaptive PE contact the Related Services Office. For initial/ modified service, the IEP team will complete the Electronic Prevention Plan and submit to the Related Service Office immediately after the IEP is developed. A request for assistance with an anticipated interruption in service is faxed immediately to the IEP Specialist. Revised August Chapter 19

145 Settlement Agreement - Missed Services City Schools is obligated by the Settlement Agreement (March 2010) to make up any missed IEP services in a timely manner. All missed IEP services must be reported to the Office of Special Education utilizing the Notification of Missed/Make-up Services form. (See the forms section of this manual). The required timelines per the Settlement Agreement to make up any missed IEP services are as follows: A weekly service that is missed must be made up within 7 calendar days A monthly service that is missed must be made up within 10 school days A daily service that is missed must be made up within 5 school days If the student missed IEP instructional services, the following steps must be followed: (see flowchart Part I: Missed IEP Instruction at the end of this chapter) School staff must complete the Notification of Missed/Make-up Services form School staff must coordinate with the special education teacher to make-up the missed services within the timelines specified in #1, 2, or 3 above Delivery of make-up services must be documented on the Notification of Missed/Makeup Services form and, upon completion, the form must be forwarded to the Office of Special Education, 200 E. North Ave. Room 210, Baltimore, MD OR faxed to Central Office staff will update ecomp and collect data for Settlement Agreement reporting If a student misses IEP instruction due to late IEP required transportation refer to Flowchart I: Identifying students that Missed IEP Instruction due to Transportation and Flowchart II: School to Provide Make-up Service If a student missed related services (at the regularly scheduled appointment time), the Related Services Unit will coordinate the make-up and reporting of the missed related services. If the student missed related services due to late IEP required transportation, the make-up of the services will be coordinated with the provider and the Related Services Unit. The Office of Special Education will complete the Notification of Missed/Make-up Services form for reporting of data for MSDE, the Settlement Agreement (SAL), and the Maryland Disability Law Center (MDLC). The Office of Special Education must monitor and report to MSDE, SAL, MDLC the number of: Services missed Make up services provided within timelines Make up services not provided within timelines Number of students with missed services Makeup Services for Students Beyond the Specified Settlement Agreement Timeline Makeup IEP services provided for students beyond the specified timeline must be reported to the Office of Special Education immediately upon discovery of missed services For a student who misses more than 60 hours of instructional services and/or 20 hours of related services, a panel will review the case and make a recommendation regarding the appropriate manner of providing the one-for-one makeup service Revised August Chapter 19

146 A special IEP team meeting will be scheduled for the student. The IEP team will consider the panel s recommendation and document their final decision regarding provision of makeup services The IEP team at the student s school must then report to the Office of Special Education, the results of the IEP team meeting, including the results of the student specific corrective action determined by the IEP team and the status of implementation The Office of Special Education will notify the panel of the IEP team s decision and arrange for the make-up services See Flowchart II: Missed IEP Instruction > 60 hours at the end of this chapter If a student misses services due to a refusal to accept them, the IEP team must meet (after the third documented refusal) to determine another method of administering the service specified Revised August Chapter 19

147 Part I: Missed IEP Instruction Student(s) misses IEP instruction Did the student miss > 60 hours of instruction? Yes Go to Missed IEP Instruction > 60 Hours Flowchart No Special Educator, IEP Chair, Administrator, or Central Office Staff completes Notification of Missed/Made-up IEP Services form Special Education Teacher, Certified Substitute, or Administrator schedules make-up of daily instruction service within 5 school days of missed service.*note 1 As services are made-up, provider completes the Notification of Missed/Madeup IEP Services form in Makeup of Missed Services Section of MDOIEP Make-up completed within 5 school days? No Submit Notification of Missed/ Made-up IEP Services form to Office of Compensatory Services with note on when make-up services are scheduled Yes End OCS will update ecomp Send the form to Office of Compensatory Services 200 E. North Ave. Room 210 Baltimore, MD or Fax School staff will file a copy in the student s confidential folder under the Miscellaneous section As services are made-up provider updates the Notification of Missed/ Madeup IEP services form in the Make-up of Missed Services Section Missed IEP Instruction > 60 Hours Flowchart rejoins here Yes Make-up completed? No Note 1 make-up services must be completed during the school day, whenever possible. However, it may be necessary to arrange for after-school or Saturday make-up if the make-up services cannot be scheduled during the school day) i.e., self-contained student) Revised August Chapter 19

148 Part II: Missed IEP Instruction >60 Hours (See Note 1) Missed IEP Instruction Hours Flowchart must be followed first Special Educator, IEP Chair, Administrator, or Central Office Staff completes Notification of Missed/Made-up IEP Services form Mail form to Office of Compensatory Services 200 E. North Ave. Room 210 Baltimore, MD or Fax to School will not schedule make-up services at this time OCS will track Notification of Missed/ Made-up IEP Services form and schedule the panel meeting IEP Team Chair schedules meeting with student s parent/guardian to discuss panel s recommendation and determine make-up remediation (see note 2) OCS sends panel recommendation to school IEP Team OCS tracks panel s recommendation Panel meets and makes recommendation IEP Team Meeting Decision about OCS notifies panel OCS will Rejoin Missed IEP is held make-up and updates coordinate makeup Instruction Hours services is sent tracking system of services with Flowchart to OCS and filed school and/or in student s tutoring vendor Confidential Note1: This situation could be caused by failure to identify Folder an incoming student as receiving Special Education Services and therefore not providing IEP Instruction, or absences of a Special Education Teacher without a qualified substitute, etc. It requires review by a panel made-up of the Executive Director of Special Education for City Schools, a representative from MSDE, and the Settlement Agreement Liaison (Erin Leff) to make recommendations regarding make-up services. Parental notice consistent with COMAR 13A D and Prior Witten Notice COMAR 13A Revised August Chapter 19

149 Part III: Identifying Students That Missed IEP Instruction Due to Transportation Transportation Monitor logs all buses & taxis that arrive 15 minutes late on manual form Transportation Monitor enters the late bus info into new Vehicle Tracking Application daily ITD will send a daily listing (or file) of late bus/taxi arrivals to OCS OCS will compare the daily bus attendance logs to the etr list of students with disabilities IEP Bus Aide logs students that ride bus each day on manual form Bus Aides submit the log to transportation department daily Transportation Department will send copies of the daily bus/taxi attendance logs to Special Ed (OCS) for buses that were late Special Ed (OCS) will create a daily list of IEP students who arrived late on bus or taxi ITD will generate a weekly list of students with IEP listed as transportation reason in etr ITD will send the weekly listing to OCS showing students & their bus numbers For each student on list identified as late, a call is made to the school to determine if student missed IEP Instruction Did Student miss IEP Instruction? Yes OCS will create a Notification of Missed/ Made-up IEP Service form for each student that missed IEP Instruction and charge to transportation (541) No OCS staff will indicate did not miss instruction on list of students who arrived late OCS will enter information into ecomp under Settlement Agreement type Go to Identifying Students that Missed Related Services Due to Transportation Flowchart OCS will fax form to school to arrange for make-up within timeframe Go to School to Provide Make-up Services Flowchart Revised August Chapter 19

150 Part IV. School to Provide Make-up Service Indentifying Students That Missed IEP Instruction Due to Transportation Flowchart must be followed first School receives Notification of Missed/ Made-up IEP Services from for students that arrived late on bus/taxi School will notify Special Educator of each student to make-up the service (within 5 school days of miss, if instruction) As provider makes-up missed services, he/she updates the Notification of Missed/Made-up Services Form Provider will make a copy of the Notification of Missed/ Made-up Services Form and place the original in the Student s Confidential Folder Is make-up completed? No Yes Provider (or school staff) sends a copy of the Notification of Missed/ Made-up IEP Services Form to Special Ed (OCS) OCS updates ecomp with provided services information For each student identified as late, OCS will call the school to determine if student missed Related Service Part V. Identifying Students That Missed Related Services Due to Transportation Is the student on the list of Students With Disabilities receiving Related Services? Yes For each Related Service that the student receives, OCS staff will check provider schedule Scheduled during time late? Yes OCS will notify each Related Service Coordinator of need to check provider notes and need for make-up OCS will update list of late students to indicate pending Related Service make-up OCS monitors completion of makeup services and negotiates with school to complete services End OCS will indicate no Related Services on the daily list of late students No No Revised August Chapter 19

151 Revised August Chapter 19

152 IDEA/COMAR Requirements: Chapter 20 Reporting Progress Reporting Progress on IEP Goals The IEP progress report is a periodic report sent to the parent to inform the parent of the student s progress towards achieving the annual IEP goals. The Progress Report on IEP Goals must be sent home on a quarterly basis. 34 CFR (a) (3) CITY SCHOOLS PROCESS: City Schools requires the Progress Report on IEP Goals is to be sent to the parent at the same time as the regular report card is issued to the student. CITY SCHOOLS PROCEDURES: Before progress is addressed, the team needs to determine the methods used to document appropriate supplemental aids and services and the use of accommodations and modifications. The general educator and special educator collaborate to discuss the progress of the student in terms of the IEP goals. The tools that may be used include but are not limited to: Observation Class work Informal assessments Homework Quizzes and drills Standardized tests Unit tests and benchmarks Data sheet Social/behavioral contracts/ BIPS Attendance/tardiness Documentation of disciplinary action Formal assessments Independency Self advocacy Motivation Information Included in the Progress Report on IEP Goals The Progress Report on IEP Goals must contain each annual goal on the student s IEP and the student s progress towards achieving each goal. In Maryland Online IEP, the area at the bottom of the IEP goal page entitled Progress toward Goal provides the service provider the space to record student progress. There should also be specific information on student s progress on objectives. There are four progress codes: Revised August Chapter 20

153 Achieved Making sufficient progress to meet goal Not making sufficient progress to meet goal Not yet introduced See Maryland Statewide Individual Education Program (IEP) Process Guide, July 1, 2012, for additional information. If any goal is marked not making sufficient progress to meet goal, an IEP team meeting must be held to discuss the student s progress before the end of the next marking period. The teacher s written comments need to be included for any goals that are marked not making sufficient progress to meet goal. There should be collaboration between the general educator and special educator to determine the progress of the special education student. Students with IEPs should not automatically be given a U or failing grade simply because they are below benchmarks or grade level. A student with an IEP can be given a passing grade if documentation supports that the student is showing growth in the IEP goals as measured by the previously stated tools. In addition, below grade level scores on benchmark assessments or state testing do not prevent students with disabilities from earning top marks on their report card (e.g. A, B, Excellent, and Good) through classroom performance. After collaboration, the information is to be shared with the case manager who is responsible for scheduling the IEP team meeting as needed and reporting the progress on the report card. When reporting the progress, the supplemental supports are to be listed as part of the written comment. Consideration and noting of accommodations used or not used can be made by the special educator and/or general educator. When progress is made with supports, the supports should be identified. The Progress Report on IEP Goals should be attached to the regular report card. Place a copy of the Progress Report on IEP Goals in the student s IEP folder in the Parent s Section quarterly (5 days after the report card is sent home). All service providers should maintain a copy of the Progress Report on IEP Goals for their documentation. Revised August Chapter 20

154 IDEA/COMAR Requirements: Chapter 21 IEP Review and Revision IEP Review The IEP team must review a student s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved, and revise the IEP, as appropriate. 34 CFR (b) (1) (i) City Schools must have a current IEP in effect for each student with a disability at the beginning of the school year. 34 CFR (a) Information Considered at an IEP Review Meeting In revising a student s IEP, the IEP team must address: Any lack of expected progress toward the annual goals and in the general education curriculum Results of the most recent evaluation of the student Information about the student provided by the parent The academic, developmental, and functional needs of the student The language, vision, communication, behavior and assistive technology needs of the student As appropriate, the results of the student s performance on any state or citywide assessment program 34 CFR (b) (1) (ii) Changes to an IEP Outside of an IEP team meeting (Amending the IEP) After the annual IEP team meeting, the parent and City Schools may agree not to convene an IEP team meeting to change a student s IEP. Specified school staff may meet with the parent and develop a written document that amends or modifies the student s current IEP. If either the parent or the school staff feels that a full IEP team meeting is necessary, then an IEP team meeting must be convened. 34 CFR (a) (4) (i) All members of the student s IEP team must be notified of any amendments to the IEP. 34 CFR (a)(4)(ii) The parent must receive a copy of the IEP with the amendments incorporated. 34 CFR (a) (6) CITY SCHOOLS PROCESS: City schools requires a student s IEP to be reviewed no later than one year from the last meeting where the IEP was developed/revised. In addition, an IEP can be reviewed: At any time at the request of the parent and/or at the request of the IEP team At any time for issues related to the provision of FAPE (example: manifestation) Revised August Chapter 21

155 CITY SCHOOLS PROCEDURES: Annual Review The IEP team meets periodically, but not less than annually, to review and revise a student s IEP. The IEP review is always due within one year of the previous meeting where the IEP was developed or reviewed. However, if the student does not achieve the expected progress, the IEP team must revise the student s IEP to address the lack of expected progress (See Student is not making expected progress section below). The IEP review meeting is scheduled and conducted at a time and place mutually convenient to the parent and the school. For a student placed by the parent in a private or parochial school, the IEP team at the designated school is responsible for conducting the IEP review. At an IEP, review meeting, the IEP team: Determines whether the annual goals for the student are being achieved. The previous IEP must indicate if objectives were achieved, with the dates of achievement documented. Addresses any lack of expected progress in the annual goals or in the general education curriculum Reviews data and information from assessment procedures conducted as part of the reevaluation, as appropriate Addresses any information about the student provided to or by the parent Addresses the student s anticipated needs Discusses other matters, as identified on the notice of the IEP team meeting Provides the parent with information regarding Extended School Year Services Discusses goals for consideration of OYP Discusses what worked and what did not work Note: Parents must be notified of their right to ask for revisions of the student s IEP or to invoke due process procedures if the parent feels that good faith efforts to assist the student to achieve the goals and objectives on the IEP are not being made. The parent must receive the completed/closed IEP within 5 business days of the meeting. Student is not making expected progress If the student is not achieving the expected progress, the IEP team must convene to address the lack of expected progress. The quarterly reporting of the student s progress on the Progress Report on IEP Goals should be used to determine whether a student s performance on the IEP goals is sufficient to enable the student to achieve the goal in a year. If the student is not making progress from one reporting period to the next, the IEP team should convene to determine if the IEP needs to be revised. See Chapter 20 for additional information. Amendments Although amendments may be necessary, they can only occur: After an annual review meeting during the current school year After obtaining permission from parent With approval of IEP Team Specialist from Special Education IEP Teams Revised August Chapter 21

156 Documentation for amendments is completed in the Forms section of MD Online IEP. The forms that must be completed are the: Amendment/ Modification to Current IEP without an IEP Team Meeting Access Log Parent Contact Log For a student that transfers from one City School to another, the IEP Chairperson of the receiving school must complete the Amendment/Modification to Current IEP without an IEP Team Meeting form to document the purpose of the amendment. Parent permission for the amendment is not required. These forms must be sent to the parent and filed in the student s confidential folder. Amendments are appropriate for: Transfer within City Schools Change in case manager (when transferring between schools) Data entry errors discovered within 2 weeks of the meeting date (must have IEP team specialist approval) Amendments are not appropriate for changes to: LRE Goals Any related or special education services (including transportation) Late Annual Review If any IEP services are increased or added at the time of the late annual meeting, then during this meeting the IEP team must discuss and document if the student experienced any harm due to the late meeting and any possible remedy to this harm. Revised August Chapter 21

157 IEP REVIEW/REVISION FLOW CHART See the outline below on the IEP review and revision process. Refer to Chapter 12 for specific details on each step* Prior to the Meeting 1. Schedule the meeting and gather information 2. Notify parent 12 days prior to IEP meeting Parent notification form Require documents that will be discussed at meeting Procedural Safeguards Booklet At the Meeting 1. Discuss and document on IEP the present level of academic achievement and functioning behavior Document and address parent input/concerns Document and address recommendations from outside agencies Document student s interests Document impact of disability 2. In revising the student s IEP, the IEP team must address: The language, vision, communication, behavior and assistive technology needs of student Any lack of expected progress toward annual goals/general education curriculum As appropriate, the results of student s performance on state/citywide assessment Results of most recent evaluation of the student Information about the student provided by parent The academic, developmental, and functional needs of student 3. Revision to Goals and Objectives to address present level of performance 4. Discussion of determination of services needed and placement Revised August Chapter 21

158 IDEA/COMAR Requirements: Chapter 22 Continuing Eligibility/Reevaluation Continued Eligibility A reevaluation is any evaluation that occurs after the initial evaluation and is required for students with an IEP and for students with a service plan. Timeline for Reevaluation A reevaluation of a student with a disability must be conducted: If City Schools determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation. This includes ensuring that a reevaluation occurs before determining a student is no longer a student with a disability. 34 CFR (a) (1) If the child s parent or teacher requests a reevaluation 34 CFR (a) (2) The IEP team must conduct a full and complete assessment in all areas of suspected disability before a student is dismissed from special education services 34 CFR (e) (1) A reevaluation is not required before termination of a student s eligibility due to graduation from high school with a regular diploma or due to reaching the age of 21. In these cases, the student must be provided with a summary of the student s academic achievement and functional performance. This summary must include recommendations on how to assist the student in meeting his/her postsecondary goals. 34 CFR (e) (2, 3) A reevaluation must occur at least once every 3 years, unless the parent and City Schools agree that a reevaluation is not necessary. A reevaluation may not occur more than once a year, unless the parent and City Schools agree that an additional reevaluation is necessary. 34 CFR (b) At least five (5) business days before a scheduled IEP team meeting or other multidisciplinary education team meeting, the parents are to receive an accessible copy of each assessment, report, data chart(s), draft IEP, or other document the team plans to discuss at the meeting. Education Article Revised August Chapter 22

159 Review of Available Data At the reevaluation planning IEP team meeting, the IEP team must review existing evaluation data, including: Evaluations and information provided by the parents of the student Current classroom-based, local, or State assessments and classroom-based observations 34 CFR (a) (1) Based on that review and input from the child s parents, the IEP team must determine if additional data is needed to document: Whether the student continues to be a student with a disability The educational needs of the student The present levels of academic achievement and related developmental needs of the student Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general education curriculum 34 CFR (a)(2)(i)(B)-(iv) No Additional Data Is Needed If the IEP team determines that additional data is not necessary, the IEP team must: Notify the parent of the determination and the reasons for the determination; and, Inform the parent of the parent s right to request an assessment to determine whether the student continues to be a student with a disability, and to determine the student s educational needs. 34 CFR (d) If Additional Data Is Requested by the IEP Team If the IEP team determines that additional data is necessary before making a determination regarding the student s continuing eligibility or educational needs, the IEP team must order appropriate assessments and secure parental consent. COMAR 13A E (4, 5) Reevaluation Meeting to Review Assessments After ordered assessments are completed, the IEP team must reconvene within 90 calendar days to determine if the student continues to be a student with a disability and, if so, the educational needs of the student. 34 CFR (a)(2)(i)(A) Not later than five (5) business days after a scheduled IEP or other multi-disciplinary team meeting the appropriate school personnel are to provide parents an accessible copy of the completed IEP. For Parent Notification of IEP team meetings (5 Day Rule) see Chapter 4. If the IEP has not been completed by the fifth business day after the IEP team meeting, school personnel shall provide the parents with the draft copy of the IEP. Education Article Revised August Chapter 22

160 CITY SCHOOLS PROCESS: Reevaluation Meeting City Schools requires the IEP Team to conduct a reevaluation meeting at least once every three years in addition: A reevaluation must also occur if the IEP team is considering dismissing any service on the IEP, even if dismissal of the IEP service will not terminate the student s eligibility under IDEA (See Dismissal Procedures in this chapter for detailed information) If the parent requests an assessment, then the IEP team must order and conduct the assessment. (For parent s rights concerning requests for Independent Education Evaluation (IEE), see Chapter 26) In City Schools, the reevaluation meeting must occur within 90 days of the date of the meeting at which the IEP Team ordered assessments Prior Written Notice (PWN): All decisions regarding the dismissal of a related service must be clearly documented, including a discussion of the data, which supports the dismissal. The prior written notice must be provided to the parent before a service is ended. The prior written notice must clearly discuss why the student is no longer eligible under the current disability and any other suspected disabilities. Prior Written Notice When a Parent Is in Attendance: The notification of the IEP team s determination and the rationale for not needing any additional data must be clearly stated and must be included in the Prior Written Notice to the parent, even if the parent attends the IEP team meeting. The parent s response to the need for additional data must also be included in the Prior Written Notice. There must be clear documentation that parent was informed of the right to request assessments and of parent response. Prior Written Notice When a Parent is not in Attendance: The notification of the IEP team s determination and the rationale for not needing any additional data must be clearly stated. The parent must also be clearly informed of the right to request that an assessment be conducted. If the parent is not at the IEP team meeting, the IEP Team Chairperson must conduct and record diligent efforts to ensure that the parent is informed of the right to request an assessment and has the opportunity to respond. CITY SCHOOLS PROCEDURES: Reevaluation Meetings To prepare the student for transitioning from elementary to middle school grades or middle to high school grades a reevaluation must also be considered at these natural transition points (i.e. moving from 5 th to 6 th and 8 th to 9 th ) unless formal education assessments have been conducted in the past 2 years and are an accurate description of the student s current level and needs A reevaluation meeting to review assessments provided by parent(s) must occur within 30 days of the assessment being provided by the parent. The IEP team must review the assessment and consider all of the recommendations provided within the Revised August Chapter 22

161 assessment; however, these recommendations do not have to be accepted by the team. The IEP team must document the discussion of the assessment findings and recommendations in the Maryland Online IEP Any time the IEP team meets to review an assessment for a student already receiving Special Education services; this is considered a reevaluation meeting If any IEP services are increased or added at the time of the late reevaluation meeting, then during this meeting the IEP team must discuss and document whether the student experienced any harm due to the late meeting and any possible remedy to this harm. Reevaluation Planning IEP team meeting If the student s disability is Other Health Impaired, current documentation of the disability must be available If the student s disability is learning disabled, current documentation must include informal classroom observation and the SLD team report completed and signed on Maryland Online form (this form must be completed, printed and signed) See the list below of guiding questions for the IEP team to consider during a reevaluation planning/reevaluation meeting: When did the last documentation to support a students documented disability occur? If longer than 3 years ago, the team must consider ordering assessments to support the documentation of the disability. Is there sufficient data to support the current IEP of the student (including consideration of state, district, and College Board assessments)? If no, the team must consider assessing the student to support the current educational plan. Do current Present Levels of Academic Achievement and Functional Performance (PLAAFP) support previous and current data from all assessments? If no, the team must consider assessments to support the students documented PLAAFP. Is the student making progress in the curriculum at the expected rate based on previous assessment data? If no, the team should consider ordering assessments to determine what additional supports may be needed. Have there been any significant life changes since the last evaluation that would warrant additional investigation? If yes, determine what type of evaluation would be appropriate in order to plan appropriately to meet student s current needs. If the IEP Team determines that additional data is necessary, appropriate assessments will be ordered and parental consent secured. If, after documenting diligent effort, the team was unable to secure parent consent, the assessments may be initiated. Unless the team has documented efforts to obtain consent, and the parent has not responded, the assessments cannot be completed without parental consent. If the IEP team determines that no additional data is necessary, the parent must be notified to their right to request that an assessment be conducted. This notification must be documented in the continued eligibility discussion of the IEP as well as on the consent for assessment form. If Revised August Chapter 22

162 the parent does not request an assessment, the reevaluation planning meeting becomes a reevaluation meeting. Ordering Assessments Informed Consent Please see Chapter 7 and Chapter 9 if you need more information on informed parental consent for reevaluation or conducting assessments. Assessment procedures must include: Input from classroom teacher and other team members on the student s performance and need for continued eligibility Documentation to support team recommendations (such as work samples, informal assessments, IEP goal progress report) Observation of the student in the classroom to document performance Input from the parent on the student s progress and need for continued eligibility Performance of classroom-based assessments, benchmark assessment data, city or statewide assessments Documentation of progress to include: information from progress notes, encounter notes, report of baseline data and charting to show progress IEP progress report related to the service If a student is unwilling to take an assessment after multiple attempts the assessment report is written documenting this behavior. Specific Procedures to Address Dismissal of a Related Service: Schedule a reevaluation-planning meeting to consider existing data. As part of the existing data, the related service provider must present a comprehensive report discussing the student s progress in the related service and whether there continues to be an educational impact that requires the related service. The report of progress must be based on assessment procedures which are outlined in Chapter 9 If the IEP team, including the parent, determines that there is enough data to support the recommendation to dismiss the related service, then the reevaluation-planning meeting becomes a reevaluation meeting and the service can be dismissed If the IEP team determines that no additional data is required, but the parent disagrees, then the IEP team informs the parent that he/she has the right to request that the IEP team order additional assessments, including standardized testing If the IEP team determines that additional assessment procedures are needed, including standardized testing, the team orders the selected assessments. The related service continues until the reevaluation meeting. The reevaluation meeting must occur within 90 calendar days of the date that the school IEP team met and determined that additional data is needed At the IEP reevaluation meeting, the IEP team reviews all of the additional data and determines whether the student continues to require the related service. If the team Revised August Chapter 22

163 determines that the student no longer requires the related service, then the IEP team recommends dismissal of the service and informs the parent of his/her procedural safeguards if the parent disagrees with the recommendation Documentation of assessment data must be placed in the Academic and Functional Areas Assessed section of the Maryland Online IEP. Discussion regarding the assessments used to document disability and team decision regarding disability continuing must be placed in the Continued Eligibility section of the Maryland Online IEP. Discontinuing a Service Follow these guidelines to determine when a service can actually be discontinued: If the parent is at the meeting, is in agreement with the dismissal and receives the IEP/ Prior Written Notice (PWN) at the meeting, the services can be discontinued the following school day. If the PWN is not provided to parent at the meeting then a service cannot be discontinued. The service must continue until the PWN is provided to the parent If the parent is not at the meeting, PWN must be provided (by hand or via postal delivery) to the parent within three business days of the meeting. Document all PWN activities on Communication Log Service may be discontinued once prior written notice is provided to the parent. Consideration of Dismissing a Student Back to General Education Schedule a reevaluation planning meeting to: Discuss the current data on the student Decide what additional data is necessary to determine that the student no longer has a disability under IDEA and Order the recommended assessments needed to conduct a comprehensive individualized evaluation These assessments may include, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities. Areas impacted by the disability must be considered. All other areas must be discussed and documented. Reevaluation to consider returning the student to general education (exit code A) must include documentation of standardized testing in the primary disability and documentation that there is not a disability that has an educational impact requiring special education instruction or related services. Updating Educational Assessments The IEP team must order an updated educational assessment and classroom observation even if the IEP team determines that no other assessments are necessary to determine whether the student continues as a student with a disability under IDEA. Revised August Chapter 22

164 The team must consider not only the current disability, but if there is any other suspected disability that may affect the student s educational progress. If another disability is suspected, then the team must order all necessary assessment procedures, including standardized testing related to the suspected disability. Schedule a reevaluation meeting to review the ordered assessment information. If the IEP team determines that the student no longer is eligible as a student with a disability under IDEA, then the student is dismissed from special education services. Note: The prior written notice must clearly discuss why the student is no longer eligible under the current disability and any other suspected disabilities. Consideration of Dismissing a Student with a Speech-Language Disability which will Impact IEP Services the Student is Receiving other than Speech-Language Services Schedule a reevaluation-planning meeting to consider existing data. As part of the existing data, the speech-language pathologist (SLP) must present a comprehensive report discussing the student s progress in the speech and/or language areas and whether there continues to be an educational impact that requires speech and/or language therapy. The report of progress must be based on formal assessment procedures described in Chapter 9. A speech/language assessment should be ordered if the parent feels that deficits continue in that area and requests additional assessment which can include standardized tests or other appropriate assessment instruments. Speech/language services continue until the IEP team reconvenes to discuss the results of any assessments ordered. Schedule a reevaluation meeting. The IEP team must consider all of the data and determine if the student: Continues to have a speech/language disability o If the student no longer is eligible as a student with a speech-language disability, then the student is dismissed from speech/language services Qualifies for special education because of another disability o If the student continues to qualify for services with a different disability, then the IEP team develops an IEP to meet the student s needs based on the new disability No longer qualifies under a speech/language disability and there is no other disability that requires special education o The team dismisses all services and the student returns to general education exit (Code A) When a student is eligible for special education services with a speech/language disability, it is because the student has a communication disorder that is affecting his educational performance. In most cases, neither special instruction nor other related services will be indicated. When the IEP team feels that the student requires special instruction or related services in addition to speech/language services, the IEP team should consider if another disability is suspected at that time and order appropriate assessments. The primary disability should be Revised August Chapter 22

165 changed if indicated. This will help to avoid the situation described above when the dismissal of speech/language services will dismiss the student back to general education. Documenting Reevaluation Data All reevaluation data must be entered into the IEP Part 1: Meeting and Identifying Information on the Continued Eligibility section of the Maryland Online IEP. If the reevaluation results indicate that, the student is no longer eligible for special education services the student needs to be exited from special education in Maryland Online IEP using Code A-Return to General Education and the person entering data into SMS and responsible for student scheduling must be alerted that the student is returning to general education. This is needed in order to facilitate any schedule changes that may be necessary when the child no longer requires special education services Revised August Chapter 22

166 IDEA/COMAR Requirements: Chapter 23 Discipline Procedures Disciplinary Removal of Students with Disabilities A student with a disability who violates a code of school conduct may be removed from his current placement to another appropriate interim alternative educational setting, another setting or suspension for up to 10 consecutive or cumulative days (to the extent that those alternatives are applied to nondisabled students) without the need to conduct a manifestation determination or to provide educational services during the removal. 34 CFR (b) (1) When Does a Disciplinary Removal Trigger the Procedural Requirements of IDEA? Requirement to Provide Educational Services: On the 11 th day of disciplinary removal in a school year, a student with a disability must be provided educational services sufficient to permit the student to continue to participate in the general curriculum and to progress towards meeting his IEP goals. These services can be provided in a setting other than the student s zoned school. Educational services must be provided on the 11 th day of removal for all students with disabilities. Requirement to Conduct a Manifestation Determination When the disciplinary removal of a student constitutes a change in placement, City Schools must: Immediately notify the parent of the decision to disciplinarily remove the student and provide the parent with a copy of the procedural safeguards notice. This must be done on the actual date that the removal occurs. 34 CFR (h) Within 10 school days of the decision (IDEA 2004), convene an IEP meeting to determine if the student s behavior that resulted in the removal is a manifestation of the student s disability. The IEP team must include any school staff deemed relevant to the decision-making by the parent and City Schools. 34 CFR (e)(1) Change of Placement A change in placement occurs: If the disciplinary removal is for more than 10 consecutive school days If the student has had 10 cumulative days of disciplinary removal If the child has had a series of removals that constitute a pattern Pattern of Removal A pattern of removal is demonstrated if: The series of removals total more than ten (10) school days in a school year Revised August Chapter 23

167 The student s behavior is substantially similar to the student s behavior in previous incidents that resulted in the series of removals There are additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another The determination of whether a pattern of removals constitute a change in placement is made on a case-by-case basis and is subject to review through due process and judicial proceedings. 34 CFR In Maryland, the IEP team must make the determination of whether a pattern exists. COMAR 13A B. The IEP team must count time for all removals made during the school year to determine if a disciplinary action constitutes a change in placement. After the initial 10 days of removal have been met, the IEP team must meet on every subsequent disciplinary removal to consider all of the disciplinary removals as a whole and determine if there is a pattern of removal. If the IEP team determines that there is a pattern of removal that constitutes a change in placement, than the IEP team must conduct a manifestation determination. Conducting the Manifestation Determination Meeting The IEP team must review all relevant information in the student s file, including the student s IEP, teachers observations, and relevant information provided by the parents during the manifestation analysis. The IEP team must carefully consider and answer the following questions: If the conduct in question was caused by, or had a direct and substantial relationship to, the child s disability If the conduct in question was a direct result of City Schools failure to implement the IEP 34 CFR (e)(1) If the IEP team answers YES to either of these questions, then the behavior must be determined to be a manifestation of the student s disability. 34 CFR (e)(2) The reasons for the IEP team s decision regarding manifestation must be clearly documented on the manifestation determination form because it is part of the Prior Written Notice provision. If Manifestation Is Found If the IEP team finds that the behavior was a manifestation of the student s disability, then the team must: Either o Conduct a functional behavior assessment (FBA), unless the IEP team had conducted an FBA prior to the disciplinary action, and develop and implement a behavior intervention plan (BIP) o If there is a BIP in place, review the BIP and modify it, as necessary, to address the behavior Immediately return the child to his educational placement, unless the parent and the IEP team agree to a change in placement as part of the modification of the BIP Revised August Chapter 23

168 34 CFR (f) (1, 2) If the manifestation finding is based on the failure of the school to implement the student s IEP, then the IEP team must also immediately review and, if necessary, revise the IEP and ensure that it is consistently implemented. 34 CFR (e) (3) All FBA and BIP forms must be entered on MDOIEP and must be thoroughly completed to document the discussion and decision about the student s behavior. To ensure compliance, all sections of the form must be completed on line. 45 Day Placement Alternative Educational Setting (AES) School administration may remove a student to an AES for not more than 45 school days without regard to whether the behavior is a manifestation of the student s disability if: The student carries or possesses a weapon in school, on school premises, or at a school function. A weapon is an animate or inanimate object capable of inflicting death or serious bodily injury. A knife can be a dangerous weapon if the blade is over 2.5 inches long The student knowingly possesses or uses illegal drugs while at school, on school premises or at a school function The student knowingly sells or solicits the sale of a controlled substance while at school, on school premises or at a school function. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V section 202c of the Controlled Substances Act The student knowingly inflicts serious bodily harm upon another while at school, on school premises or at a school function. Serious bodily injury is defined as a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty 34 CFR (g) The IEP team determines the interim alternative educational setting in which a student with a disability will receive the educational services required to enable him to participate in the general education curriculum and progress on his IEP goals. 34 CFR If Manifestation Is Not Found If the team finds that the behavior was not a manifestation of the student s disability, then City Schools may apply the relevant disciplinary procedures in the same manner and for the same duration as the procedures are applied to nondisabled students except that: The student must continue to receive educational services to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student s IEP The student must receive, as appropriate, a FBA, and behavioral intervention services and modifications that are designed to address the behavior so that it does not recur 34 CFR (c), (d) Revised August Chapter 23

169 Appeal of Placement Determination or Manifestation Determination If the parent disagrees with any decision regarding the placement of a student in an interim alternative educational setting or with the manifestation determination, that parent can appeal the decision by requesting a due process hearing. The school can request a due process hearing if it believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others. 34 CFR (a) The student remains in the last assigned placement (AES) pending the results of the due process hearing. See Chapter 31 for additional information on requesting a due process hearing and authority of the administrative law judge. Students Who Are in the Evaluation Process A student who has not yet been identified as disabled is entitled to the same protections as a student with a disability if the school had knowledge that the student had a disability before the behavior occurred. 34 CFR (a) Considered to Have Knowledge of a Disability A school is deemed to have knowledge that a student may be a student with a disability if: The parent has expressed a concern in writing to supervisory or administrative personnel of City Schools or to a teacher of the student that the student may need special education The parent has requested an evaluation of the student The student s teacher or other school staff has expressed specific concerns about a pattern of behavior demonstrated by the student to the director of special education or other supervisory personnel of City Schools 34 CFR (b) School Staff would not Be Deemed to Have Knowledge if: The parent has not allowed an evaluation of the student The parent has refused the initiation of special education services for the student The student was evaluated and the IEP team determined that the student did not have a disability The student has been evaluated and the IEP team determined, based on the information reviewed, that the student was not suspected of a disability 34 CFR (c) 3 Revised August Chapter 23

170 The parent must have received proper prior written notice for #3 and #4 above to be accepted as no basis of knowledge. If the parent has not been provided proper and complete written notice, then the school may be deemed to have a basis of knowledge. A student who is not suspected of having a disability and for whom there is no basis of knowledge may be disciplined in the same manner as a nondisabled student. 34 CFR (d)(1) Request for an Evaluation While the Student is disciplinarily removed from School If the parent requests an evaluation of a student while the student is removed from school due to a disciplinary removal from school (short-term or extended removal), then the IEP team must hold an expedited evaluation meeting. The student can remain on suspension or expulsion pending the completion of the evaluation. If, as a result of the evaluation, the student is identified as a student with a disability, the IEP team develops an IEP and provides the required special education and related services. 34 CFR (d) (2) Referral to Law Enforcement and Judicial Authorities City Schools can report a student with a disability to appropriate authorities for a crime committed by the student. City Schools must ensure that copies of the special education and disciplinary records for the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime. The records must be transmitted in accordance with regulations under the Family Education Rights and Privacy Act (FERPA). 34 CFR Functional Behavior Assessment and Behavior Intervention Plans The school IEP team will review information on students who are experiencing behavioral deficits and who may have received disciplinary referrals. School personnel are encouraged to use an array of positive behavior interventions, strategies and supports to increase or decrease targeted student behaviors COMAR 13A Use of Exclusion, Restraint or Seclusion Exclusion School personnel may use exclusion to address a student's behavior: If the student's behavior unreasonably interferes with the student's learning or the learning of others If the student's behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious, physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate If exclusion is requested by the student If supported by the student's behavior intervention plan COMAR 13A Restraint The use of physical restraint is prohibited in public agencies and nonpublic schools, unless: Revised August Chapter 23

171 There is an emergency situation and physical restraint is necessary to protect a student or other person from imminent, serious, physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate The student's behavioral intervention plan or IEP describes the specific behaviors and circumstances in which physical restraint may be used The parents of a nondisabled student have otherwise provided written consent to the use of physical restraints while a behavior intervention plan is being developed Physical restraint shall be applied only by school personnel who are trained in the appropriate use of physical restraint consistent with Regulation.06C of this chapter. In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious, physical harm. School personnel may not: Place a student face down Place a student in any other position that will obstruct a student s airway or otherwise impair a student s ability to breathe, obstruct a staff member s vision of student s face, restrict a student s ability to communicate distress, or student s head, neck, or torso Straddle a student s torso COMAR Seclusion The use of seclusion is prohibited in public agencies and nonpublic schools unless: There is an emergency situation and seclusion is necessary to protect a student or another person after other less intrusive interventions have failed or been determined to be inappropriate The student's IEP or behavioral intervention plan describes the specific behaviors and circumstances in which seclusion may be used The parents of a nondisabled student have otherwise provided written consent for the use of seclusion while a behavior intervention plan is being developed CITY SCHOOLS PROCESS: COMAR B Disciplinary Removal of Students with Disabilities City Schools requires: The IEP team convenes within five (5) school days for a proposed extended suspension and the appropriate information must be forwarded immediately to the Office of Suspension Services. Failure to adhere to the five (5) day timeline will result in rescission of the extended suspension. For students who have been suspended greater than 10 cumulative days of suspension without IEP services recorded in SMS, if their most recent suspension was due to: o Multiple short terms suspensions, then the timeline for completing mandated IEP team meeting activities (Manifestation determination, FBA, BIP and discussion of FAPE) is 10 school days after the student is removed from school Revised August Chapter 23

172 o A proposed extended suspension then the timeline for completing mandated IEP team meeting activities (Manifestation determination, FBA, BIP and discussion of FAPE) is 5 school days The Manifestation Determination Worksheet in MDOIEP must be completed to document the discussion and decision about manifestation. To ensure compliance all sections of the form must be completed on line All incidents related to bullying harassment and intimidation are appropriately documented and reported Full compliance with early dismissal procedures; appropriate and accurate data entry, and documentation contained in the student folder Accurate and appropriate data entry of the IEP meeting held (within the mandated timeline) and the completion of all required MDOIEP forms Bullying, Harassment, or Intimidation Bullying, harassment and intimidation are serious behaviors and will not be tolerated. Parents will receive a Bullying, Harassment or Intimidation form in the Code of Conduct book to report alleged bullying, harassment or intimidation that occurred on school property; at a schoolsponsored activity or event off school property; on a school bus; or on the way to or from school. Student victims, the parents or guardians of student victims, a close adult relative of a student victim or a school staff member, can report an incident of alleged bullying, harassment or intimidation, by completing the form provided and return it to the principal at the student victim s school. Bullying, harassment or intimidation means intentional conduct including verbal, physical or written conduct, or an intentional electronic communication that (I) creates a hostile educational environment by substantially interfering with a student s educational benefits, opportunities or performance, or with a student s physical or psychological well-being and is (i) motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attribute, socioeconomic status, familial status or physical or mental ability or disability; or (ii) threatening or seriously intimidating; and (II) (i) occurs on school property, at a school activity or event, or on a school bus; or (ii) substantially disrupts the orderly operation of a school. Electronic communication means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer or pager. Refer to City Schools Code of Conduct for additional information or a copy of the Bullying, Harassment or Intimidation form. Unilateral Placement in AES City Schools practice requires that the IEP team must convene by the 35 th school day to prepare for the student s return to the regular school setting. Exclusion, Restraint and Seclusion The use of exclusion, restraint, and seclusion must be implemented in a humane, safe, and effective manner. It is important to consider whether the proposed intervention promotes a Revised August Chapter 23

173 safe, inclusive, equitable learning community. Evaluations of safety and efficacy should be based on data at the individual student level and at the level of peer-reviewed research. Only schools, which have received training in current, professionally accepted practices and standards regarding: Positive behavior interventions, strategies, and supports Functional behavior assessment and behavior intervention planning Exclusion Restraint, including alternatives to restraint Seclusion Symptoms of physical distress and positional asphyxia can use exclusion/restraints/seclusion. The use of exclusion, restraint, and seclusion must be consistent with known medical or psychological limitations. It is essential that school personnel when determining the use of exclusion, restraint, and seclusion to consider medical contraindications, such as asthma, seizures, or other medical conditions. In addition, factors such as psychological history due to past sexual abuse or abandonment must also be considered. The use of exclusion, restraint, or seclusion may only exacerbate the behavior issues that need to be addressed without appropriate consideration. If a student who does not have restraint on his IEP or as part of his BIP and is restrained, an IEP meeting must be held to discuss if physical restraint needs to be added to the IEP or BIP. Prevention of Disciplinary Removal of Students with Disabilities The school IEP team will review information on students who are experiencing behavioral deficits and who may have received disciplinary referrals. School personnel are encouraged to use an array of positive behavior interventions, strategies and supports to increase or decrease targeted student behaviors. Every school is required to have Discipline Management Plan at the beginning of the school year. It is recommended that an assessment of a student s behavior and the development of a plan for behavioral interventions to address the student s behavior should be initiated whenever the student s behavior is of concern, and when effective school-wide and class-wide preventative positive behavior supports are in place and the student has not responded satisfactorily. City Schools Best Practice recommends that either by the second incident of removal or the eighth day of removal, the IEP team should convene to begin the FBA and BIP process. For students with disabilities under IDEA, at a minimum, a student s IEP must include positive behavioral interventions whenever the IEP Team determines that a student s behavior is interfering with the student s learning and/or the learning of others. Definition of Functional Behavioral Assessment (FBA) "Functional behavior assessment" means the systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the problem behavior. Functional behavior assessment includes the: Identification of the functions of the problem behavior for the student Revised August Chapter 23

174 Description of the problem behavior exhibited in the educational setting Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time Definition of Behavior Intervention Plan (BIP) Behavior intervention plan is a proactive plan designed to address problem behaviors exhibited by a student in the educational setting using positive behavioral interventions, strategies, and supports. COMAR 13A CITY SCHOOLS PROCEDURES: Disciplinary Removal of Students with Disabilities A removal/suspension is the exclusion from the student s educational program for any part of the day for violation of the discipline code. The types of removal/suspension are as follows - In-school suspension COMAR defines removal within the school building of a student from the student s current education program for up to but not more than 10 school days in a school year for disciplinary reasons by the school principal. City Schools defines in-school suspension as the removal of a student from his//her current instructional program for more than 60 minutes. However, the student may be placed in the school s in-school suspension room for more than 60 minutes, if there is a special educator providing and documenting the provision of the IEP special education services. This is considered an in-school suspension with services and does not count as a day of suspension due to the provision of services [COMAR 13a b (4)]. However, if the services were not provided, then it is counted as a day of suspension. A student can receive an in school suspension for up to, but not more than, 3 consecutive days per incident and for no more than 6 school days in a semester. An in-school suspension is not considered a day of suspension as long as the student is afforded the opportunity to continue to (and documentation exists): Appropriately progress in the general education curriculum Receive the special education and related services specified on the student s IEP Receive instruction commensurate with the program afforded to the student in the regular classroom Participate with peers as they would in their current education program to the extent appropriate Short-term suspension City Schools defines the short-term suspension as an out-of-school suspension between 1 and 5 school days. Any removal over 5 days must be approved by CEO and requires the use of the Extended Suspension Procedures. Extended suspension Revised August Chapter 23

175 City Schools defines the extended suspension as an out-of-school suspension for 6 or more school days implemented under the direction of the CEO. Any removal over 5 days must be approved by CEO and requires the use of the Extended Suspension Procedures. Within 5 school days of the decision to remove, the IEP team must convene an IEP team meeting to determine if the student s behavior that resulted in the removal is a manifestation of the student s disability. The IEP team must include any school staff deemed relevant to the decision-making by the parent and City Schools. Expulsion City Schools defines an expulsion as the removal of a student from his or her regular school program by the CEO or his designee for more than 45 school days. An expulsion may be permanent. Disciplinary Removal for Suspension - up to 10 consecutive or cumulative days A student with a disability who violates a code of school conduct may be removed from school for up to 10 consecutive or cumulative days without the need to conduct a manifestation determination or to provide educational services during the removal. The Administrator maintains documentation of cumulative days of removal per school year for suspended students with disabilities, on the Student Log of Disciplinary Actions the School Wide Log of Disciplinary Action and in SMS. The Administrator must give a copy of the Student Log of Disciplinary Actions to the IEP Team. The IEP Team maintains the Student Log of Disciplinary Actions in the student s confidential folder. A disciplinary removal without paperwork is defined as an illegal suspension or undocumented suspension. All suspensions must be recorded on the School Wide Log of Disciplinary Actions, the Student Log of Disciplinary Actions and on SMS. All data (including dates, offense codes, etc.) must match on all documents (paper and electronic). Disciplinary Removal for an Extended Suspension - for 6 or more school days Any removal over 5 days must be approved by CEO and requires the use of the Extended Suspension Procedures. City Schools defines the extended suspension as an out-of-school suspension 6 or more school days. City Schools Best Practice dictates that within 5 school days of the decision to remove, the IEP team must convene an IEP meeting to determine if the student s behavior that resulted in the removal is a manifestation of the student s disability. The IEP team must include any school staff deemed relevant to the decision-making by the parent and City Schools. All appropriate documentation must be forwarded to the Office of Suspension Services immediately which includes the following: o AES Referral Checklist submitted to OSS/AES Unit via facsimile o IEP submitted to OSS/AES Unit via facsimile o Student Data/Transportation Form submitted to OSS/AES Unit via facsimile o Student Log of Disciplinary Action submitted to OSS/AES via facsimile The IEP team conducts a Manifestation Determination Revised August Chapter 23

176 The Notification of IEP team Meeting does not have to be sent to the parent 12 days prior to the meeting, as the meeting is expedited If Manifestation is found If the IEP team finds that the behavior was a manifestation of the student s disability, then the team must: Either o Conduct a functional behavior assessment (FBA), unless the IEP team had conducted an FBA prior to the disciplinary action, and develop and implement a behavior intervention plan (BIP) or o If there is a BIP in place, review the BIP and modify it, as necessary, to address the behavior; and, immediately return the child to his educational placement, unless the parent and the IEP team agree to a change in placement as part of the modification of the BIP (see Request for Change in Placement section). The IEP team should ensure that the behavior, which resulted in the current disciplinary removal, is addressed in the FBA and BIP. If the manifestation finding is based on the failure of the school to implement the student s IEP, then the IEP team must also immediately review and, if necessary, revise the IEP and ensure that it is consistently implemented All FBA and BIP forms must be entered on MDOIEP and must be thoroughly completed to document the discussion and decision about the student s behavior. To ensure compliance, all sections of the form must be completed on line. Request for Change in Placement (Temporary) with Parent Consent If manifestation is found, the IEP Team with the parent s consent, may determine that the student requires a change in his/her educational placement for 45 days. The IEP team must modify the BIP to reflect that the change in placement (AES) is an intervention strategy to allow the suspending school to plan for interventions to be implemented, upon the student s return. The Request for Change in Placement (Temporary) with Parent Consent to Address BIP(this document is currently under revision) is submitted by the IEP Team via FAX/ to Sharon Woods, Coordinator OSEMC FAX # If Manifestation is not found If the team finds that the behavior was not a manifestation of the student s disability, then City Schools may apply the relevant disciplinary procedures in the same manner and for the same duration as the procedures are applied to nondisabled students except that: The student must continue to receive educational services to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student s IEP The student must receive, as appropriate, a FBA, and behavioral intervention services and modifications that are designed to address the behavior so that it does not recur Appeal of Placement Determination or Manifestation Determination If the parent disagrees with any decision regarding the placement of a student in an interim alternative educational setting or with the manifestation determination, that parent can appeal the Revised August Chapter 23

177 decision by requesting a due process hearing. The school can request a due process hearing if it believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others. 34 CFR (a) The student remains in the last assigned placement (AES) pending the results of the due process hearing. See Chapter 31 for information on requesting a due process hearing and authority of the administrative law judge. 45 Day Placement Alternative Educational Setting (AES) School administration may remove a student to an AES for not more than 45 school days without regard to whether the behavior is a manifestation of the student s disability if: The student carries or possesses a weapon in school, on school premises, or at a school function. A weapon is an animate or inanimate object capable of inflicting death or serious bodily injury. A knife can be a dangerous weapon if the blade is over 2.5 inches long. The student knowingly possesses or uses illegal drugs while at school, on school premises or at a school function The student knowingly sells or solicits the sale of a controlled substance while at school, on school premises or at a school function. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V section 202c of the Controlled Substances Act. The student knowingly inflicts serious bodily harm upon another while at school, on school premises or at a school function. Serious bodily injury is defined as a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty. 34 CFR (g) The IEP team determines the interim alternative educational setting in which a student with a disability will receive the educational services required to enable him to participate in the general education curriculum and progress on his IEP goals. 34 CFR Placement in AES If the student was removed to an AES for not more than 45 school days (violation involving weapons, drugs or serious bodily injury - Offense Code 408 only - and manifestation was found) the IEP team at the student s school of enrollment must convene an IEP meeting by the 35 th school day to prepare for the return of the student. The IEP team must request from the AES all relevant documentation to discuss ant the meeting as well as relevant information from the student s teachers. Revised August Chapter 23

178 Note: Offense Code 408 for serious bodily injury should only be used when there is evidence of bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty. The IEP team determines the interim alternative educational setting in which a student with a disability will receive the educational services required to enable him to participate in the general education curriculum and progress on his IEP goals. The student s school of enrollment (suspending school) is responsible for attendance, state, and district assessments and IEP meetings. The Office of Suspension Services records attendance as of assigned entry date to AES. The suspending school resumes attendance recording on the student s assigned return date. The number of days that the student is removed to an AES are counted as days of suspension, even though educational services are provided, If the student is again removed for disciplinary action, following the extended suspension, the IEP team must convene an IEP team meeting for each subsequent removal, discuss FAPE and conduct Manifestation Determination. When a student is removed to an AES (up to 45 school days, the IEP Team (of the suspending school) must meet by school day 35 to prepare for the student s return. Requirement to Provide Educational Services Educational services must be provided on the 11 th day of removal for all students with disabilities to ensure the provision of FAPE. These educational services are the student s IEP special education services and related services This requirement necessitates that a meeting be held between the school administrator and special educator to discuss, plan and determine the provision of these services. They need to determine what services to provide the student to enable the student to progress in the general curriculum and advance towards achieving the goals of his or her IEP. This meeting must occur prior to the 11 th day of removal. The student s parent should be notified of this provision of services. Documentation is required on the MDOIEP manifestation determination document/part 1 (top boxes) to indicate the special education and related services provided, frequency, duration and the location of these services. When the services are provided, there is no FAPE violation. On the 11 th day of disciplinary removal in a school year, a student with a disability must be provided educational services sufficient to permit the student to continue to participate in the general curriculum and to progress towards meeting his IEP goals. These services can be provided (if available) in the student s attending school, in the before/afterschool programs or the Saturday school. These services can also be provided in a setting other than the student s attending school, where these services are available (ex. a neighboring school). These services cannot be provided in the home. Revised August Chapter 23

179 If the student receives their services in a Saturday school program and this day is beyond the 11 th day of removal (ex. Day 14), this requirement is still compliant with the provision of the continuation of the student s educational services, even though the service were provided beyond the 11 th day These services can also be provided in the Alternative Education Setting (AES) for extended suspensions If the student receives these services on the 11 th day of removal, documentation of the student s attendance is required. Note: If the student s services are not provided on the 11 th day of removal, and the IEP Team determined that FAPE was violated, however, there was no harmful impact on the educational performance of the student for the days of removal (over the 10 days of removal legally allowed), then the student does not have to be provided educational services in a before/after school or Saturday program. If harmful impact is found, then the student must be provided make-up services for the days of removal (over the 10 days of removal legally allowed). A referral for FAPE (make-up) services is completed by the IEP Team and submitted to the appropriate office. The Office of Home and Hospital Services will provide the tutor for the special education services needed. If a suspension is rescinded by the administrator, the IEP Team (due to manifestation determination) or Office of Suspension Services, the suspension is ended and the student must be reinstated to their regular program immediately. Any days recorded as days of suspension prior to being rescinded must be counted in calculating the cumulative days of removal. Students Who Are in the Evaluation Process A student who has not yet been identified as disabled is entitled to the same protections as a student with a disability if the school had knowledge that the student had a disability before the behavior occurred. The IEP team must conduct an expedited evaluation for students in the referral process within 30 calendar days. If the student is found to be eligible for service as a student with a disability, the IEP must determine manifestation and conduct a FBA and develop a BIP as well as develop the IEP for the student. Functional Behavior Assessment (FBA) A collaborative school team (that may include school psychologist, social worker, and other IEP Team members) conducts the Functional Behavior Assessment (FBA) to identify the circumstances that predict and reinforce the problem behavior. The following steps must be taken: Clearly define the target behavior in observable and measurable terms. If the FBA/BIP is developed as part of a manifestation determination meeting, the suspension offense and numeric code must be included in the definition of the first target behavior Collect data through: o Observations Revised August Chapter 23

180 A-B-C Charts Scatter Plot Direct observations including frequency counts and/or duration measurements o Standardized check lists or rating scales o Interviews with student, parents, school staff and other adults o School record review, including academic and behavioral strengths and needs o Other pertinent data (medical, developmental, community mental health history, etc) Summarize and analyze data in order to identify relevant setting events, triggers and consequences that predict and maintain the behavior over time Based on the data analysis, hypothesize obtain/gain or escape/avoid functions of the targeted behaviors Complete the MD Online FBA-BIP forms documenting the factors that lead to the target behavior and factors that contribute to reinforcing the behavior s continuation Behavior Intervention Plan (BIP) The Behavior Intervention Plan (BIP) should include the following; A statement that summarizes the findings of the FBA, including setting events, triggers, the target behavior(s), and hypothesized function(s) Interventions to address the behavior o Strategies to prevent or mitigate the effects of setting events and triggers o Function-based prevention strategies that make the target behavior unnecessary o A plan for teaching the student a functionally equivalent replacement behavior and for reinforcing the use of the new behavior o A plan for responding to the target behavior that eliminates or reduces reinforcing consequences A Plan for Accountability that includes the following o How data will be collected, by whom and how often o Short and long-term behavioral goals o Staff designated to implement the interventions o A date to review progress and make revisions (as needed) to the BIP o Staff designated to report on progress o A plan for involving the student and/or caregivers Implementation of FBA and BIP Once the FBA/BIP has become a part of the student s IEP, it must be implemented fully in order for the student to receive FAPE. If the student is not making adequate progress or changes to the interventions are needed, an IEP meeting must be held to address this. Until revisions have been made at the IEP meeting, the BIP must be implemented as written. All BIPs, including when a child has multiple BIPs, are active until a dismissal at a formal IEP meeting is clearly documented in MD Online IEP under Special Considerations and Accommodations/Behavioral Intervention and Supplementary Aides and Services/Behavior. Include the reason for dismissal (e.g. mastery of BIP goals). Seclusion, exclusion and restraint IEP teams may consider seclusion/exclusion/restraint for students who will be entering special citywide programs as part of IEP supplemental services Revised August Chapter 23

181 Prior to the meeting, where the IEP is developed/revised the IEP chair must request technical assistance from the Office of Student Learning Support and/ or the Office of Citywide Special Education Programs in order to determine if seclusion/exclusion/ restraint is appropriate for the student The Office of Student Learning Support and/or the Office of Citywide Special Education Programs will conduct an observation and review of the student and submit their recommendations to the IEP team to be incorporated in the student s IEP IEP teams may not incorporate exclusion/seclusion/restraint in a student s IEP without receiving technical assistance from the Office of Student Learning Support at and/or the Office of Nonpublic -Citywide Special Education Programs. See staff roster in back of manual. Procedures for Early Dismissal To address informal or undocumented suspensions of students with disabilities, the Office of Special Education is adopting the procedures specified by the Office of Student Support and Safety in processing and documenting early dismissal of students from school. Student should remain in school for the entire school day to take full advantage of the instructional program. It is understood that occasions may arise that require a parent or guardian to request the early dismissal of the student from school. The reasons may include, but are not limited to: o Doctor/Dentist Appointment o Funeral of Relative o Illness of the Student o Family Emergency The following procedures must be followed to process early dismissals from school. o The request for early dismissal letter must be written by the parent or guardian and must include; the reason for the early dismissal, the date and time the child is to leave school, and a working telephone number to reach the parent/guardian to verify the letter o The school office staff must use SMS to confirm that the letter was written by the child s parent or guardian o The office staff must contact the parent or guardian by telephone to verify that he/she wrote the letter o The parent or guardian must come to the main office to pick-up the child o The parent must provide picture identification document (i.e.; driver s license, work identification, etc.) o The office staff must verify that individual is the child s parent or guardian o The parent or guardian must sign the Student Sign-Out Log Students will remain in school until the regular dismissal time if the steps outlined in B are not followed Students must be picked up in the main office. Students cannot be picked up from the classroom. Office staff will classify the absence as excused, unexcused, or medical in accordance with laws of the State of Maryland, bylaws of the Maryland State Department of Education, and implementing regulations issued by the CEO All students who return from early dismissal will be readmitted through the main office. They will be given a pass for re-admittance to class Revised August Chapter 23

182 The Student Sign-Out Log will be maintained in the main office. Early dismissal requests will be maintained in a file in the main office and a copy included in the student s cumulative record until the end of the school year. Revised August Chapter 23

183 IDEA/COMAR Requirements: Chapter 24 Extended School Year (ESY) Services Extended school year services are the individualized extension of specific special education and related services that are provided to a student with a disability beyond the normal school year. 34 CFR (b) Determining ESY The IEP team determines whether a student requires ESY services by considering specific eligibility criteria. Each of the following factors must be considered in making an ESY determination: Whether the student s current IEP includes annual goals related to critical life skills o Critical life skill means a skill determined by the IEP team to be critical to the student s overall educational progress o It can be any academic or functional skill that is needed to enable the student to progress educationally o Students in Life Skills and Programs for Autistic-like Students would most likely have critical life skills on their IEPs COMAR 13A B (15) Whether the normal school break is likely to cause a substantial regression of any of the critical life skills and the student will be unable to recover the lost skills in a reasonable time The student s degree of progress toward mastery of IEP goals related to critical life skills The presence of emerging skills or breakthrough opportunities Interfering behaviors The nature and severity of the disability Special circumstances Following the consideration of the factors described above, the IEP team shall determine whether the benefits the student gains during the regular school year will be significantly jeopardized if that student is not provided with an educational program during a normal break in the regular school year. COMAR 13 A B (2) The mere fact of likely regression is not a sufficient basis for providing ESY since all students, disabled or not, may regress to some extent during lengthy breaks from school. Appropriate prior written notice requires that the IEP team document the discussion of each factor, basis for the decision and reason for the determination of eligibility for ESY service. This documentation is especially important when the IEP team does not recommend ESY. On the Maryland Online IEP document, the information necessary for PWN should be in the discussion section under each factor considered. Revised August Chapter 24

184 Required Documentation Teachers and service providers must provide data on a student s progress on IEP goals, especially before and after sustained breaks to assist the team in making the decision regarding ESY. It is not an automatic entitlement, but must be supported by documentation that without ESY the student will likely regress in his skills and will require extensive time to regain them. Services Available Through ESY ESY services may not be limited to particular categories of disability or to the type, amount or duration of the services. The IEP team must determine the nature, amount and duration of the services necessary to ensure that the student will be able to recoup skills within a reasonable amount of time. 34 CFR (a)(3) The IEP team must consider the IEP goals that are to be addressed in ESY and determine the nature and amount of services that a student requires for FAPE. This will vary depending on the individual student s needs. CITY SCHOOLS PROCESS: City Schools requires the determination for the provision of ESY services be made at an IEP team meeting in sufficient time to allow the parent to pursue his/her procedural safeguards if the parent disagrees with the IEP team s determination. Appropriate prior written notice requires that the IEP team document the discussion of each factor, basis for the decision and reason for the determination of eligibility for ESY service. This documentation is especially important when the IEP team does not recommend ESY. On the Maryland Online IEP document, the information necessary for PWN should be in the discussion section under each factor considered. ESY services cannot be restricted to City Schools ESY program only. If a student requires a different amount, a different timeframe or a different setting based on his/her individual needs, then the IEP team must recommend what is needed. CITY SCHOOLS PROCEDURES: Required Documentation Teachers and service providers must provide data on a student s progress on IEP goals, especially before and after sustained breaks, to assist the team in making the decision regarding ESY. It is not an automatic entitlement, but must be supported by documentation that without ESY the student will likely regress in his skills and will require extensive time (beyond what would be expected compared to same age peers) to regain them. Baseline data must be gathered to determine student s level of achievement prior to a break. The same method of data collection must be used after the break to determine if the student demonstrates any regression of these skills beyond what is normally expected. If the student is unable to recoup the skills after a period of resumed instruction (no more than 60 days), the IEP Team must determine the student s needs regarding ESY. Revised August Chapter 24

185 When making decisions regarding ESY determination, the IEP team must gather and review the following data sources as appropriate: Progress reports from all service providers (special educator, general educator, and related services) indicating progress the student has made on achieving identifiable goals and objectives pre and post break IEP Progress Report Card and school report card Classroom work folders to document achievement in the content areas prior and after school breaks, in addition to, rate of achievement up to/after 60 days of instruction Current assessments to measure progress before and after breaks Behavior Intervention Plan, classroom behavioral sheets, and suspension data to track behaviors that demonstrate progress/lack of progress on specific behavioral objectives Other supporting documentation Baseline data must be gathered to determine student s level of achievement prior to the break. The same method of data collection must be used after the break to determine if the student demonstrates a regression of skills beyond what would normally be expected. The ESY decision should be made no later than the end of April. City Schools requires that ESY is discussed annually at the IEP team meeting. If an IEP team defers a decision on ESY at a meeting, then the team must reconvene to make the determination. Revised August Chapter 24

186 Revised August Chapter 24

187 IDEA/COMAR Requirements: Chapter 25 Parentally Placed Private School Students Parentally Placed Private School Students A parentally placed private school student with a disability is any student with a disability enrolled by his/her parent in a private elementary or secondary school in Baltimore City. This includes Baltimore City residents and non-residents of Baltimore City who attend private schools located within Baltimore City. 34 CFR In Maryland, elementary school includes preschool classes if the classes are part of a program of instruction approved by the Maryland State Department of Education. Eligibility Student is a Baltimore City Resident If the IEP team determines that the student is eligible for special education under IDEA, the IEP team develops an IEP that includes all of the services that would be recommended if the student enrolled in City Schools. The IEP team informs the parent that, should the parent choose to enroll the student in City Schools, the recommended IEP will be implemented. If the parent elects to have the student continue to attend the private/parochial school and the parent wants the student to receive services from City Schools, the IEP team develops a Service Plan for the student. The service plan only includes services for which the student has been found eligible by the IEP team and which are offered by City Schools to parentally placed private school students as stated by the Notification of Intent letter submitted to the private parochial directors. Student is Not a Baltimore City Resident If the IEP team determines that the student is eligible for special education under IDEA, the IEP team determines if, based on the assessment information, the services would include any of the services offered by City Schools under a service Plan. If the student would be eligible for any of these services, then the IEP team develops a service Plan for the student. 34 CFR (b) The IEP team does not develop an IEP for a student who is not a resident of Baltimore City. If the parent is interested in an IEP, the IEP team refers the parent to the school system in which the parents reside. Provision of Services The parent must consent to the initial provision of services under a service plan. Revised August Chapter 25

188 Reevaluation Any student with a disability who has been identified as requiring special education services under IDEA must be reevaluated within 3 years of the initial evaluation even if the parent has declined the services offered under an IEP or Service Plan. Student Records City Schools must have informed parental consent before requesting or releasing any student records of a parentally placed private school student to any other educational institution or agency. 34 CFR (b) (3) Can Parents File a Due Process Complaint If They Disagree With the Determinations of the IEP Team? The Due Process is not applicable, except for Child Find. 34 CFR (a) If a parent disagrees with the determination of the IEP team regarding a student s eligibility as a student with a disability under IDEA, the parent can file a due process complaint with the Office of Administrative Hearings. The complaint is filed even if the student is not a resident of Baltimore City. 34 CFR (b) Can Parents File a State Complaint If They Disagree With the Service Plan or Provision of Service Under A Service Plan? Parents of parentally placed private school students can file a complaint with MSDE through the State complaint process if they disagree with the determinations of the IEP team regarding the service plan for a student. A State complaint can also be filed if services are not provided according to the Service Plan. 34 CFR (c) CITY SCHOOLS PROCESS: Obligations of City Schools to These Students City Schools is responsible for locating, evaluating and identifying each parentally placed private school student with a disability and providing certain services to these students under a Service Plan. Child Find These students enrolled in the private/parochial schools, located in Baltimore City, may or may not be a resident of Baltimore City. These students will be referred to City Schools for the Child Find identification and the evaluation process (under IDEA). If it is suspected that a student may be eligible for services under IDEA 2004, the parent or the private/parochial school personnel may initiate the referral. Revised August Chapter 25

189 Student is a Baltimore City Resident: City School to Conduct IEP team meetings For a student in the elementary level, who resides in Baltimore City, (the attending school of the student if he/she were to attend City Schools) would be responsible to conduct the identification/evaluation process (under IDEA). For a student in the middle and high school level, who resides in Baltimore City, (the attending school or a designated school), would be responsible to conduct the identification/evaluation process (under IDEA). Student is not a Baltimore City Resident: City School to Conduct IEP team meetings For a student in the elementary, middle or high school level, who does not reside in Baltimore City, (a designated City School) would be responsible to conduct the identification/evaluation process (under IDEA). This City School would be located close to the private/parochial school. Referral and Evaluation If a parent of a student who is enrolled in a private school in Baltimore City requests an evaluation, the IEP team that receives the referral must: Schedule and conduct an initial eligibility meeting to determine if the IEP team suspects a disability. A representative from the student s private school must be invited to the meeting Follow procedures in the Evaluation section, Chapter 9, if the team suspects that the student may have a disability and may be eligible for special education services. The evaluation must be completed within 60 days of the date of the parents consent for assessment, but no later than 90 days from the initial referral from the parent If the IEP Team receives a Child Find referral and does not suspect that a student would be eligible under IDEA 2004, the IEP team does not have to evaluate the student and this concludes the special education process. IEP Team composition must follow requirements for a legal team. The student s private/parochial schoolteacher must be invited. The student should also be invited if he/she is 14 years old or older. The IEP Chairperson will ensure that a representative of the private/parochial school is invited and attends the IEP team meeting for their student. If the representative cannot attend the IEP team meeting, the IEP Chairperson shall use other methods to ensure participation by the private/parochial school, including individual or conference telephone calls. Progress reports, report cards and other data should be requested from the private/parochial school and discussed at the IEP team meeting. CITY SCHOOLS PROCEDURES: The IEP team receives the referral from a parent of a student who is enrolled in a private school in Baltimore City requesting an evaluation The IEP team that receives the referral must schedule and conduct an initial eligibility meeting to determine if the IEP team suspects a disability The IEP team must invite a representative from the student s private school to the IEP team meeting Revised August Chapter 25

190 The IEP team must follow the procedures outlined in the Evaluation section, chapter 9, if the IEP team suspects that the student may have a disability and may be eligible to receive special education services Student is a Baltimore City Resident (IEP Development) If the IEP team determines that the student is eligible for special education services then the IEP team develops an IEP The IEP must include all of the services that would be recommended if the student enrolled in City Schools The IEP team informs the parent that, should the parent choose to enroll the student in City Schools, the recommended IEP will be implemented If the parent chooses not to enroll the student in City Schools, the IEP is maintained at the designated school, with the Inactive Confidential Folders Student is a Baltimore City Resident (Service Plan) If a student qualifies for an IEP, resides in Baltimore City and attends a private/parochial school in Baltimore City, but the parent chooses to continue enrollment of the student in a private/ parochial school, City Schools will offer a Service Plan for the student. The Service Plan will be provided at the designated school. City Schools may also provide these services in alternative arrangements, such as at the student s private/parochial school. See Memorandum of Understanding for services provided. Student is Not a Baltimore City Resident (Service Plan) If the IEP team determines that the student is eligible for special education/related services, the IEP team determines if, based on the assessment information, the services would be offered by City Schools under a Service Plan The parent must consent to the initial provision of services under a service plan The IEP team does not develop an IEP for a student who is not a resident of Baltimore City If the parent is interested in an IEP, the IEP team must refer the parent to the school system in which the parents reside, even though City Schools determines the student qualifies for an IEP An IEP team meeting must occur annually (at least one time a year), whether the student receives services through an IEP or Service Plan Reevaluation Any student with a disability who has been identified as requiring special education services under IDEA must be reevaluated within 3 years of the initial evaluation even if the parent has declined the services offered under an IEP or service plan Reevaluation requires notice to parent and should follow IDEA diligent effort standards to obtain consent The IEP Team needs to include this procedure in the school s Special Education Management Plan in order to keep track of these students. City Schools need to periodically send reminders to parents to notify City Schools of any address changes, so the address will be current at the time of the Reevaluation Meeting Revised August Chapter 25

191 If a student is identified as having a disability and the parent declines services from an IEP or Service Plan, the Local Educational Agency (LEA) is responsible for the reevaluation process Student Records City Schools must have informed parental consent before requesting or releasing any student records of a parentally placed private school student to any other educational institution or agency. Service Plans Service Plans are developed using MDOIEP (Service Plan). This is developed with portions of the IEP tool that must be addressed, but will not be a part of the final product for the Service Plan. Service Plans can include instructional accommodations and modifications, and the appropriate service providers/teachers must receive a copy. Three-Year Olds A three-year-old found eligible for special education/related services, receives an IEP. If a threeyear-old with an IEP attends a private/parochial school within Baltimore City, the designated zoned school must implement the IEP. The three-year-old does not receive a services plan. Note: A three-year-old student is considered one who has not reached his 4th birthday by September 1 st of the current school year; e.g. students who turn four-years-old in October are treated as three-year-olds in the IEP process. Revised August Chapter 25

192 Revised August Chapter 25

193 IDEA/COMAR Requirements: Chapter 26 Independent Educational Evaluation (IEE) Definition of an IEE An Independent Educational Evaluation (IEE) is defined as an evaluation conducted by a qualified examiner who is not employed by City Schools. COMAR 13A (33) Parent s Right to an IEE at Public Expense A parent has the right to an IEE at public expense if the parent disagrees with an evaluation obtained by City Schools unless City Schools files a due process complaint, without unnecessary delay, to request a hearing to show that its evaluation is appropriate. If City Schools does not file a due process complaint to show that its evaluation is appropriate, then City Schools must ensure that an IEE is provided at public expense. City Schools may request an explanation from the parent why he or she objects to City Schools evaluation, but City Schools may not require an explanation and may not unreasonably delay either filing a due process complaint or providing an IEE at public expense because the parent does not provide a reason. The results of any IEE obtained by the parent: Must be considered by City Schools, if it meets City Schools criteria for an evaluation, in any decision with respect to the provision of FAPE to the child May be presented as evidence at a hearing on a due process complaint 34 CFR (ii)(b)1 CITY SCHOOLS PROCESS: City Schools requires IEP Teams to consider a parent s request for an IEE. The IEP Team may discuss parent s request and ask for the reason the parent is requesting an IEE. The IEP Team may choose to honor the parent s request or file a due process complaint to ask for a hearing to show that its evaluation if appropriate. CITY SCHOOLS PROCEDURES: If the parent request is made at an IEP team meeting, the IEP Chairperson must: Document the request in the Communication Log/parent contact log and on the parental input section of the Maryland Online IEP Ask the parent to submit a written request Contact the Coordinator of Due Process Unit with the written request as soon as possible and notify the IEP Team Specialist Revised August Chapter 26

194 If the request is made outside of the IEP team meeting and if it is not in writing: Ask the parent to put the request in writing Immediately forward the written request to the Coordinator of Due Process Complaints and the IEP Team Specialist City Schools, after careful consideration of all factors, will agree to either fund the IEE or file a due process complaint regarding the appropriateness of its evaluation. The Coordinator of Due Process will inform school staff of the decision concerning the request for the IEE. Revised August Chapter 26

195 IDEA/COMAR Requirements: Chapter 27 Student Records Parent s Right to Review The Family Educational Rights and Privacy Act (FERPA) afford parents, guardians, and students over 18 years of age ( eligible students ) certain rights with respect to the student s education records. 34 CFR (a) Timeline to Comply with a Request to Review Reasonable Time When a parent requests to review a child s education record, the school must comply with the request without unnecessary delay, but no later than 45 days from the date of the request for access. Parents, guardians, or eligible student should submit to the school principal a written request that identifies the record(s) they wish to inspect. The school principal will make arrangements for access and notify the parents, guardians or eligible student of the date, time and place the records may be inspected. 34 CFR (a) Expedited Timeline If the request is made prior to an IEP team meeting, a resolution session for a due process complaint, or a due process hearing, the school must make the records available for review before the IEP team meeting, resolution session or due process hearing. 34 CFR (a) The parent can have a representative inspect and review the record if the parent provides the school with a signed release authorizing the individual to review the record. 34 CFR (b) (3) Requests for Copies of School Records The parent does not have a right to a copy of a child s education record free of charge. If the school makes a copy of the student s record for the parent or a parent s representative, the school can charge reasonable copying costs. 34 CFR (a) When a Copy Must Be Provided Without Charge A copy of a student s educational record must be provided to the parent without charge if: The parent is unable to exercise his/her right to come to the school to inspect and review the record and if failure to provide a copy would deny the parent the right to review it 34 CFR (a) Revised August Chapter 27

196 Can a Parent Request Changes to a School Record A parent/guardian or student who has educational decision-making rights may request that an educational record be amended if it is felt that the information contained in the record is inaccurate, misleading or violates the privacy or other rights of the student, may request that the local school system or educational institution which maintains the records amend them. 34 CFR (a) City Schools must decide whether to amend the information in the record in accordance with the request within a reasonable period upon receipt of the request. If City Schools refuses to amend the information in accordance with the request, it must inform the parent of the right to a hearing. 34 CFR (b) (c) CITY SCHOOLS PROCESS: City Schools must provide a copy of the record to the parent if the failure to provide a copy would prevent the parent from exercising his/her right to inspect and review the records. Circumstances that may prevent the parent from being able to come to the school to review the records may include: Incarceration Bedridden or housebound due to illness Parent travels during the week and is unable to come to the school The parent can still be charged a fee per page for copying the record. The present copying charge is $.25 per page. The school can provide copies of individual documents as a courtesy at its discretion. Decisions to copy the record for the parent and provide a free copy must be determined on a case-by-case basis. How a Parent Makes a Request to Amend a Record Written Request to the Principal The parent must make a written request to the principal of the student s school to amend an education record. The principal must make a decision whether to amend the record within a reasonable time. In City Schools, the recommended timeframe is 15 days from the receipt of the written request. If the principal declines to amend the record, the parent or eligible student is informed of the decision in writing. The parent or eligible student must receive information regarding the right to request a hearing on the matter. Hearing Request A parent may request a hearing if the principal declines to amend the student s records as requested. The Executive Director of Special Education will arrange for the hearing to appeal the decision of the principal. If the Hearing Officer declines to amend the record as the parent requests, the parent may place in the student s education record a statement commenting on the information and setting forth reasons for disagreeing with the decision of City Schools. Revised August Chapter 27

197 Release of Records without Prior Consent A student s education records can be released without prior consent from the student s parent if any of the circumstances below are in occurrence: To other school officials, including teachers within City Schools, who have a legitimate educational interest in the records To officials of another school or school system in which the student seeks or intends to enroll To authorized representatives of: o The Comptroller General of the United States o The Secretary o The Director of the National Institute of Education or the Assistant Secretary for Education o State and local educational authorities o In connection with financial aid for which the student has applied or has received o To State and local officials to whom information is specifically allowed to be reported pursuant to State statute o To organizations conducting studies for, or on behalf of a local school system o To accrediting organizations o To parents or guardians of a dependent student o To comply with a judicial order or lawfully issued subpoena if the school system makes a reasonable effort to notify the parent or guardian of the student of the order or subpoena in advance of compliance o To the court when the school system initiates legal action against a parent or student o To appropriate parties in a health or safety emergency When Can Special Education Records Be Destroyed City Schools must retain the following records for seven (7) years: All of a student s IEPs IEP team meeting minutes for all IEP team meetings convened for the student Summary reports of assessments and evaluations conducted in Maryland State Records Manual Prior to destroying any special education records the parent(s) of students with disabilities must be notified that the special education records are no longer needed to provide educational services to the student. Inactive special education records are being deposited at the Office of Student Records for schools, which have been closed. Reconstruction of Lost IEP Folder If the student s record is lost or was not transferred to the student s current school, the IEP team must convene to determine what activities are required to reconstruct the student s IEP folder. Revised August Chapter 27

198 CITY SCHOOLS PROCEDURES: Parents Right to Inspect Their Child s Educational Record City Schools must provide a parent with a copy of their child s educational record if circumstances are preventing the parent from exercising his or her right to inspect and review the records Circumstances preventing a parent from exercising his or her right to inspect and review their child s educational records may include the following: o Incarceration o Bedridden or housebound due to illness o Parent travels during the week and is unable to come to the school The parent can still be charged a copying fee of $.25 per page City Schools can provide copies of individual documents free of charge as a courtesy City Schools must provide a parent with a copy of their child s educational record if the following is in occurrence: Circumstances are preventing the parent from exercising his or her right to inspect and review their child s educational record The parent is unable to pay for the copy Amending an Educational Record Principal receives written request to amend an educational record from a parent: Principal must make a decision whether to amend the record within a reasonable time City Schools recommended timeframe is 15 days from the receipt of the written request If the principal denies to amend the record, the parent or eligible student must receive information regarding the right to request a hearing on the matter The Executive Director of Special Education will arrange for the hearing to appeal the decision if the parent requests a hearing If the Hearing Officer declines to amend the record as the parent requests then the parent may do the following Place in the student s education record a statement commenting on the information and setting forth reasons for disagreeing with the decision of City Schools Transfer of Educational Records Between Schools Maryland Public School o The 2006 Maryland Student Records Manual from MSDE requires that the original student records in their entirety including special education and discipline records are sent to the enrolling school. The sending school must keep copies of the current IEP, most recent assessment reports and documentation of the disability for students with disabilities who have received or are receiving special education services. Out-of-state school or nonpublic school o The Maryland Records Manual requires that copies of the special education information/records and discipline records be sent to the enrolling school Revised August Chapter 27

199 A student s special education record must be transferred promptly when requested by another school district in which the student is enrolling. When Can Special Education Records Be Destroyed The IEP team must retain the following documents for seven (7) years: o All of a student s IEPs o IEP team meeting minutes for all IEP team meetings convened for the student o Summary reports of assessments and evaluations conducted in Maryland State Records Manual The IEP team must notify parents prior to the destruction of any special education records The IEP team must communicate clearly to the parent that the student s IEP folder is being destroyed because it is no longer needed to provide educational services to that student. (See Guidance document Centralization of Inactive Student Cumulative and Special Education Records 2012). Reconstruction of Lost IEP Folder If the student s education record is lost or was not transferred to the student s current school, the IEP team must convene to determine what activities are required to reconstruct the student s folder The IEP team must follow the timeline outlined below: o If the IEP folder has not been received in 8 school days, the IEP chair must schedule a meeting o The meeting must be conducted by the 20 th calendar day o Reevaluation Planning must take place to determine what documentation is needed and how the documentation will be obtained (ordering assessments) o Any assessments ordered should be completed in an expedited manner (30 days) Procedures for the preparation and removal of inactive student cumulative and special education records for centralization 2012 and previous years The principal of the school should delegate a staff member with the responsibility of identifying a team to complete the work associated with preparing for the collection of inactive student cumulative and confidential records 2012 and previous years. The principal or designee facilitates the following: Delegate a person(s) responsible for preparing the Centralization of Student Records Project form and preparing inactive student cumulative and special education records to be removed from the building Ensure that the storage of all inactive student cumulative and confidential records in the approved packing box identified on k12buy.com, vendor Staples, Staples item #825695, p.340, Source Book 2011 Labeling each packing box with the following information: o School Year o Alphabetical listing of last names A through Z Arrange inactive student cumulative and confidential records in alphabetical listing of last name, by year i.e. 2011/2012. (Do not place two different school years in the same packing box) Revised August Chapter 27

200 Principal s designee must complete the Centralization of Student Records Project form and submit the form electronically to the Office of Student Records at Principal and designee will be notified via and phone call by the Office of Student Records of the date and time for the inactive student cumulative and confidential records to be picked up Principal or designee will be required to sign off on a transmittal form as receipt of transfer of inactive student cumulative and confidential records from their school to the Office of Student Records Revised August Chapter 27

201 IDEA/COMAR Requirements: Chapter 28 Transferring of Students with a Disability Students Who Transfer from One City School to Another Any student with a disability who transfers from one City School to another City School is entitled to a continuation of his/her free appropriate public education (FAPE). Students Who Transfer into City Schools Any student with a disability who transfers into City Schools from another school system, either within Maryland or outside of Maryland, is entitled to a continuation of his/her free appropriate public education (FAPE). Students Who Transfer Between Maryland School Systems If a student with a disability with a current IEP transfers from a Maryland school district to City Schools, City Schools, after consultation with the parents, must immediately provide FAPE to the student by implementing services comparable to those described in the student s IEP from the previous school district until City Schools either: Adopts the student s IEP from the previous public agency Develop, adopts and implements a new IEP for the student 34 CFR (e) Students Who Transfer From another State If a student with a disability with a current IEP transfers into City Schools from another state, City Schools, after consultation with the parent, must immediately provide FAPE to the student by implementing services comparable to those described in the student s IEP from the previous school district until City Schools either: Conducts an evaluation if determined necessary by City Schools Develops, adopts and implements a new IEP CITY SCHOOLS PROCESS: 34 CFR (f) Students Who Transfer from One City School to Another The sending school is responsible for transferring the student s information in MDOIEP and hand delivering the student s original confidential folder to the receiving City School. City Schools procedure is to hand-deliver the original records/folders (cumulative folder, confidential folder and individual student discipline folder) to the receiving City School and use the Transfer of Records form. The original form remains in the confidential folder and the sending school retains a copy of the form. Informed consent (written consent from the parent) on the Consent for Release of Information form is not needed before forwarding the original confidential folder to another City School in which the student has enrolled. Revised August Chapter 28

202 The original confidential folder should not be hand-delivered until the enrolling/receiving school requests the records. The sending school must keep copies of the current IEP, most recent assessment reports and documentation of the disability for students with disabilities who have received or are receiving special education services. If an IEP is secured by the 5 th school day but the Confidential Folder is not received by the 8 th school day, an IEP team meeting must be scheduled to initiate activities to reconstruct the Confidential Folder in case it is not found by the 20th calendar day) The evaluation/ reevaluation meeting takes place by the 30 th school day from the date of the student s enrollment. Students Who Transfer Between Maryland School Systems or Students Who Transfer From another State Any student with a disability who receives special education and related services, who transfers into City Schools: The IEP team of the receiving city school consults with the parent and must immediately provide FAPE to the student by implementing the sending school s IEP (from 1 to 4 days of student s enrollment), until the expedited meeting is conducted within 5 school days of the student s enrollment City Schools requires that the IEP Team at the enrolling/receiving school convenes an expedited IEP team meeting within 5 school days of the student s enrollment At this meeting, the IEP team of the receiving city school must: Conduct an IEP team meeting (evaluation/reevaluation planning/reevaluation) if determined necessary by City Schools. Any assessments ordered are to be completed by the 20 th school day and an IEP team meeting (evaluation or reevaluation) conducted by the 30 th school day of the student s enrollment Transfer the data (IEP-goals/objectives, demographic information, etc.) from the sending school s IEP to MDOIEP Students Who Transfer out of City Schools If a student with a disability transfers out of City Schools, City Schools must take reasonable steps to respond to a request for records from another public agency. Informed consent (written consent the parent on the Consent for Release of Information form) is not needed before forwarding copies of a student s record/confidential folder to another LEA in which the student has enrolled. The copies of the record/confidential folder should not be sent until the enrolling/receiving school requests the records. The original confidential folder should be filed at the sending school in the inactive confidential folders file if the student has transferred out of the state of Maryland. If the student transfers to another LEA in the state of Maryland, the sending school must send the original confidential folder, upon request, to the receiving school. Revised August Chapter 28

203 CITY SCHOOLS PROCEDURES: Students Transferring to another City School In the Maryland Online IEP tool, this is a two step process The sending school must edit the demographics on the student s IEP and change the Resident School and Service School to the City School which the student is transferring on the student information screen The receiving school must amend the IEP to change the resident and service school on the LRE screen so that Encounter Tracker can initiate IEP services in the new school Amendments for transfer of schools that occur because of changing servicing schools must also include the receiving school completing the Amendment /Modifications to Current IEP without an IEP team meeting form. This form is filed in the confidential record and a copy given to the parent. The parent does not need to sign the form. In addition, the IEP Specialist (assigned to the school) does not need to give permission to the IEP Team to amend the IEP for these specific purposes of transferring students. MDOIEP Process for Students Transferring from One City School to another City School SENDING SCHOOL: Go to MDOIEP and edit demographics for student Enter the receiving school as the resident and servicing school Notify the receiving school RECEIVING SCHOOL Go to edit demographics and click the update button to ensure that the current demographics have been updated Go to MDOIEP and select Work on Amendment Copy IEP Go to LRE page and change resident and servicing school to current school. DO NOT MAKE ANY CHANGES TO THE IEP. NO OTHER CHANGES (REVISIONS) ARE PERMITTED. SAVE Go to Identifying information COPY Demographics SAVE Select Close record Enter amendment date Close IEP If the receiving school is unable to access student in MDOIEP, contact the sending school to have student transferred to receiving school if this has not been done. City Schools requires that each teacher, service provider or school staff member who has responsibilities for IEP implementation must have a copy of the IEP and be familiar with its contents. There should be documentation in the Communication Log that the service provider received a copy of the IEP and initiated services. Revised August Chapter 28

204 Students Entering City Schools MDOIEP Process for Student transferring from a system that does not use MDOIEP: Student must be entered into SMS (allow 24 hours for the information to be available on MDOIEP) Add case Enter IEP information For students entering City Schools from another Maryland school system or any system that does not use MDOIEP, City Schools requires that the IEP team at the enrolling school convene an IEP team meeting within five (5) school days of the student s enrollment to either: Adopt the student s IEP from the previous public agency or Develop, adopt and implement a new IEP MDOIEP Process for Student transferring from a system that uses MDOIEP: Notify assigned data specialist to receive access to IEP Students Entering Who Require a Special Program/School If a student transfers into a Baltimore City school with an IEP that requires a special placement program, the school should immediately fax the student s IEP to the Office of Student Learning and Support for review and possible placement. It is not necessary that the student register in the resident school prior to placement. If an IEP is secured but the Confidential Folder is not received by the 8 th school day, an IEP team meeting must be scheduled to initiate activities to reconstruct the Confidential Folder (in case it is not found by the 20th calendar day). What About the Student s Records If City Schools enrolls a student with a disability from another jurisdiction, City Schools must take reasonable steps to promptly obtain: The student s IEP Supporting documentation Any other records relating to the provision of special education and related services to the student Upon notification, the sending school must provide the parent with a copy of the student s IEP to accompany the Maryland Transfer form. Once the receiving school enrolls the student and contacts the sending school, the contents of the IEP folder must be forwarded. MDOIEP Additional Process Notes In the Maryland Online IEP Tool, Exit Code F denotes a student who moved out of City Schools and is known to be continuing in another educational program There need not be evidence that the student is continuing in special education, only that he/she is continuing in a general education program However, if after 20 calendar days and diligent efforts to determine if the student has entered an educational program, the City School does not receive a request for educational records, the City school must change the Exit Code in MDOIEP from Exit Code F to Exit code H by amending the last IEP. An IEP team meeting will not be required in this instance. Revised August Chapter 28

205 Chapter 29 Students with Disabilities Who Exit Special Education Services and/or City Schools CITY SCHOOLS REQUIREMENTS: This chapter addresses the requirements for any student with a disability who exits special education services as a result of: Returning to general education Graduating with a MD High School Diploma Receiving a MD High School Certificate of Completion Reaching 21 yrs. of age Becoming deceased Moving while being known to be continuing in education Dropping out Parental revocation of consent for services CITY SCHOOLS PROCESS: City Schools requires the assignment of the exit code in MDOIEP. Before the data entry of the assigned exit code, an IEP meeting must be convened before assigning the following exit codes: Exit Code A - Return to general education Exit Code B - Graduated with MD High School Diploma Exit Code C - Received MD High School Certificate of Completion Exit Code D - Reached 21 yrs. of age Exit Code H - Dropped Out Specific procedures for these meetings are discussed in CITY SCHOOLS PROCEDURES section of this chapter. City Schools require the IEP Chairperson to use the amendment process for Exit Code E - Deceased and Exit Code J Parent Revokes Consent for Services. These codes do not require a meeting. CITY SCHOOLS PROCEDURES: Exit Code A Return to general education In the Maryland Online IEP Tool, the Exit Code A denotes a student who was served in special education during the previous academic year, but at some point during that 12-month period, returned to general education as a result of having met the objectives of his or her IEP or no longer meets the criteria for an educational disability. This is a student who no longer has an IEP and is receiving all educational services from a general education. Consideration of Dismissing a Student Back to General Education Schedule a reevaluation-planning meeting to: Discuss the current data on the student Revised August Chapter 29

206 Decide what additional data is necessary to determine that the student no longer has a disability under IDEA Order the recommended assessments needed to conduct a comprehensive individualized evaluation These assessments may include, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities. Area impacted by the disability must be considered. All other areas must be discussed and documented. Reevaluation to consider returning the student to general education (Exit Code A) must include documentation of standardized testing in the primary disability. The IEP team must order an updated educational assessment and classroom observation even if the IEP team determines that no other assessments are necessary to determine whether the student continues as a student with a disability under IDEA. The team must consider not only the current disability, but if there is any other suspected disability that may affect the student s educational progress. If another disability is suspected, then the team must order all necessary assessment procedures, including standardized testing. Schedule a reevaluation meeting to review the ordered assessment information. If the IEP team determines that the student no longer is eligible as a student with a disability under IDEA, then the student is dismissed from special education services and assigned Exit Code A on MDOIEP. Prior Written Notice: The prior written notice must clearly discuss why the student is no longer eligible under the current disability and any other suspected disabilities. No SMS leave codes are required for these students since they do not exit the school system. Exit Code B - Graduated with MD High School Diploma In the Maryland Online IEP Tool, Exit Code B denotes a student who exited an educational program through receipt of a high school diploma identical to that for which students without disabilities are eligible by the end of the current academic year. Exit Code B should only be assigned if all of the following criteria have been met (the first 4 are documented by an official transcript or copy): 21 credits in required subjects 75 hours in service learning MD High School Assessment scores Transcript signed stamped and dated by principal/designee Completion of Exit document (Summary of academic achievement and functional performance) City Schools procedures currently require IEP teams to hold an exit meeting for these students prior to their exiting City Schools in order to discuss the student s post secondary school plans and to maximize involvement of outside agencies in decision making. Revised August Chapter 29

207 Exit Code C Received MD High School Certificate of Completion The student is enrolled in an educational program for at least four (4) years beyond grade 8 or its age equivalency, and is determined by an IEP team, with the agreement of the child s parents, to have developed appropriate skills for the individual to enter the work of work (meeting IEP goals), to act responsibly as a citizen, and enjoy a fulfilling life. In the Maryland Online IEP Tool, Exit Code C denotes a student who exited an educational program through receipt of a Maryland High School Certificate of Program Completion or IEP Team determination that the student has developed appropriate skills for the individual to enter the world of work by the end of the current academic year. City Schools procedures require IEP teams to hold an exit meeting for these students prior to their exiting City Schools in order to discuss the student s post secondary school plans and to maximize involvement of outside agencies in decision-making. Exit Code C should only be assigned if all of the following criteria have been met: Student does not meet requirements for a diploma Determined by the IEP team with the agreement of the parent (letter or attended) Student enrolled 4 years beyond 8 th grade Completion of exit document Exit Code D - Reached 21 yrs. of age In the Maryland Online IEP Tool, Exit Code D denotes a student who exited special education because of reaching the maximum age of 21 during the current academic year. City Schools procedures currently require IEP teams to hold an exit meeting for these students prior to their exiting City Schools in order to discuss the student s post secondary school plans and to maximize involvement of outside agencies in decision making. Exit Code D should only be assigned if all of the following criteria have been met: Student turned 21 years old during the current school year and IEP team meeting held to discuss exiting and Completion of exit document Exit Code E Deceased In the Maryland Online IEP Tool, Exit Code E denotes a student with an IEP who died during the current academic year. This exit code does not require an IEP team meeting and can be documented on the current IEP by amending the IEP. Exit Code E can be assigned if one or the other criterion applies: Documentation such as a death certificate or Written notes in file Verbal comments are not documentation. Revised August Chapter 29

208 Exit Code F- Moved, Known to Be Continuing In Education In the Maryland Online IEP Tool, Exit Code F denotes a student who moved out of the Baltimore City Public School System and is known to be continuing in another educational program. There need not be evidence that the student is continuing in special education, only that he/ she is continuing in a general education program. This exit code does not require an IEP team meeting and can be documented on the current IEP by amending the IEP. Exit code F should only be assigned if one of the following criteria applies: MD Transfer Form is filed in the Special Education confidential folder or cumulative file with notice of where student is moving or Copy of request for confidential records from receiving school Written notes in the confidential folder that student has moved and is going to another school Exit Code H Dropped Out In the Maryland Online IEP Tool, Exit Code H denotes students who were enrolled during the current academic year at some point, but were not enrolled at the end of the current academic year, and did not exit through any other basis (returned to general education, graduated, received certificate, reached maximum age, died, or moved). This includes GED recipients. City Schools require that Exit Code H should be assigned only if the following criteria have been met: IEP team exit meeting was held to drop student from school rolls with special education services to continue if the student returns to school and Documentation of 14 cumulative or consecutive days of absence in a semester and Over the age of 16 years old and Documentation of diligent efforts to return student to school Document one of the following: Attempts to locate student Contacts with parent Contacts with outside agency Pursuing GED Job Corps Exit Code J Parent Revokes Consent for Services In the Maryland Online IEP Tool, Exit Code J denotes students who are receiving special education services whose parents request that the services no longer be provided by City Schools. No SMS leave codes are required for these students since they do not exit the school system. Revised August Chapter 29

209 In order to substantiate the assignment of MDOIEP exit code J, when IEP team staff receive any notification in writing that the parent wants special education services to stop, City Schools procedures require that the parent must be provided prior written notice that the revocation of service request has been received and that special education services will stop before the services are terminated even if an IEP team meeting is not held. City Schools recommend that the IEP team schedules an IEP team meeting to discuss the decision to revoke consent for services with the parent. The IEP team will document diligent efforts to meet with the parent to ensure that the parent fully understands what the revocation of services means for the student. It is further recommended that the IEP team secures the parent signature on the Consent to Dismiss and to Discontinue Special Education Services form and records all diligent efforts on the Communication Log/Parent contact Log in the student s confidential folder. City Schools cannot require that the form be signed, but should make diligent efforts to meet with the parent and go over the items on the form to make sure that the parent fully understands what the revocation of services means to the student. Any notification in writing that the parent wants special education to stop is sufficient. The parent must be provided prior written notice that the revocation has been received and that special education services will stop before the services are terminated, even if an IEP team meeting is not held. MDOIEP Process for Transferring /Exiting Students (Exit Codes E, F, J) Amend the IEP Go to Student Information Page (Exit Information Section) Enter Exit Date and Code and click on SAVE, The user will then receive a prompt Service end date will automatically change once reviewed and completed Close amended IEP Revised August Chapter 29

210 Revised August Chapter 29

211 Chapter 30 Transfer of Parental Rights at Age of Majority IDEA/COMAR Requirements: IDEA 2004 permits States to transfer educational decision- making under IDEA to a student with a disability when the student reaches the age of majority under State law provided that the student has not been judged to be incompetent under state law. 34 CFR In Maryland, parental rights do not transfer to children with disabilities on reaching the age of majority, except under limited circumstances: The student must o Be 18 years of age or older o Have not been judged incompetent under state law Have documentation that he/she qualifies under one of the six circumstances listed below o The parents are unavailable or unknown and the student requests that the parental rights be transferred to the student rather than have a parent surrogate appointed o The parents have not participated in the special education decision-making process for the student after repeated attempts by City Schools to involve the parents over the previous year o The parents have affirmatively rejected participation in the special education decision-making process o The parents cannot participate in the special education decision-making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both parents, and the parents have consented to the transfer of rights to the student o The parents cannot participate in the special education decision-making process due to extraordinary circumstances beyond their control, and they have consented to the transfer of rights to the student o The student is living outside of the parents home and is not in the care or custody of another public agency For more information on these circumstances and fulfilling the requirements, please see Resource Information on the Transfer of Rights at the Age of Majority, MSDE, August 2002 and MSDE Technical Assistance Bulletin #26 June, 2011 Incarcerated Youth with Disabilities, ages Do Parental rights transfer to incarcerated youth who reach the age of majority? An incarcerated youth who satisfies the required aforementioned criteria may also have their educational rights transferred to them. CITY SCHOOLS PROCESS: Request that Parental Rights Transfer The student or parent must make a request in writing to the Executive Director of Special Education. If the request is granted, the Executive Director of Special Education notifies the parents and student of the transfer of rights in writing. Revised August Chapter 30

212 If the request is not granted, the Executive Director of Special Education notifies the student, parents, or parent surrogate in writing. The notice must include the reason(s) for declining to transfer the parental rights to the student. Right to Due Process If the parents of a student with a disability, with whom the student resides, do not consent to the transfer of rights to the child at the age of 18, and the student has not been determined to be incompetent under state law, either the parents or the student may file a due process complaint to determine whether the rights should transfer. The parties to the hearing are the student and the parents. City Schools staff may be called as a witness for either party. Notification to Parents and Students About the Transfer of Rights At least one year prior to the student s 18 th birthday, City Schools must provide the student and his/her parents or parent surrogate with information concerning the transfer of rights at the age of majority. CITY SCHOOLS PROCEDURES: Notification to Parents and Students about the Transfer of Rights The information concerning the transfer of rights at the age of majority is provided at an IEP team meeting That information is documented in both parental input section of the Maryland Online IEP document and the Communication Log in the student s special education folder Reporting the Transfer of Parental Rights under IDEA If City Schools transfers parental rights under IDEA to a student with a disability, City Schools must provide written notification of the transfer to the following: o Assistant State Superintendent o Division of Special Education/ Early Intervention Services o Maryland State Department of Education within 30 days of the transfer The reporting of the transfer of parental rights under IDEA to MSDE is completed by the Executive Director of Special Education Revised August Chapter 30

213 Chapter 31 Parental Disagreement with the IEP or Placement Determination IDEA/COMAR Requirements: State Complaint Process Parents have the right to file a complaint with Maryland State Department of Education (MSDE) if they believe that City Schools is not complying with federal or State special education laws and regulations. The complaint must allege a violation that occurred no more than one year prior to the filing of the complaint. 34 CFR When a complaint is filed, MSDE will initiate a complaint investigation. The investigation will include a record review and, generally, a site visit to discuss the allegations in the complaint with appropriate school staff. MSDE will issue a Letter of Findings after completion of its investigation. If there is a violation, MSDE will require a student-specific corrective action to address any harm that may have occurred to the student. A school-based corrective action may also be required to determine if the violation represents a pattern of non-compliance at the school. CITY SCHOOLS PROCESS: City Schools encourages parent involvement and is committed to ensuring that parent concerns are addressed in a timely and efficient manner. The Special Education Parent Response Unit (SEPRU) offers a continuum of services and supports to help parents understand the special education process. The unit is also responsible for receiving and responding to all requests, concerns, and complaints that relate to special education. In some cases, the unit will conduct full investigations and collaborate with other City Schools personnel to determine if proper procedures were followed regarding the provision of special education services and to resolve disagreements. For further information, contact the SEPRU at 200 E. North Avenue, Room 205 or call CITY SCHOOLS PROCEDURES: Parents are an integral part of the special education process and have extensive information to offer in programming for the educational needs of their children. This may, at times, lead to disagreements with City Schools staff on the recommended IEP services and placements for a child. City Schools expects that parents will be treated in a professional and courteous manner at all times, even when disagreements arise. If there has been open and consistent communication with parents throughout the school year, the IEP team should be aware of the parent s areas of concern and should be ready to address these issues. When disagreements occur, the IEP team should allow everyone to express their concerns and recommendations. After a full discussion has occurred and an impasse continues, the team can Revised August Chapter 31

214 agree to disagree. The disagreement must be fully documented in the Prior Written Notice and the parent must be reminded of the avenues outlined in the Procedural Safeguards Notification for contesting an IEP team decision. Make sure complete prior written notice. Fully explain all areas of disagreement (rejection of options considered) and the documentation relied upon by the IEP team in rejecting the options in the Parental Input section of the MD Online IEP. Document that the parent was reminded of the avenues outlined in the Procedural Safeguards booklet for contesting an IEP team decision. If a parent files a complaint with MSDE, City Schools will develop a corrective action plan to address the violation if a pattern of noncompliance is found. The Office of Legal Counsel will advise and support the school team during the complaint process. IDEA/COMAR Requirements: Mediation Mediation is a process in which an impartial mediator assists the parties in an effort to reach a mutually agreeable solution through a structured, yet informal meeting. It is a voluntary alternative to a due process hearing. Both parties must agree to mediate the dispute. Mediation does not interfere with or delay a parent s right to a due process hearing. 34 CFR Discussions that occur during mediation are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. Due Process Hearing The parent may also file a due process complaint on an issue relating to the identification, evaluation or educational placement of a student with a disability, or the provision of FAPE to the student. 34 CFR CITY SCHOOLS PROCESS: Requests for mediation and/or due process are sent to City Schools Office of Procedural Safeguards. The complaint must allege a violation that occurred not more than two years before the date of the complaint. Upon receipt of the complaint, City Schools must provide the parent with a copy of the Procedural Safeguards booklet and inform the parent of free or low-cost legal services that are available to the parent. CITY SCHOOLS PROCEDURES: All requests for mediation and/ or due process are sent to City Schools Office of Procedural Safeguards The complaint must allege a violation that occurred not more than two years before the date of the complaint Upon receipt of complaint, City Schools must provide the parent with a copy of the Procedural Safeguards booklet Revised August Chapter 31

215 City Schools must inform the parent of free or low-cost legal services that are available to the parent If the parties choose not to mediate the complaint, City Schools must schedule a dispute resolution session within 15 days of the request for a hearing The session must include relevant members of the IEP team who have specific knowledge of the facts identified in the due process complaint and a City Schools representative who has decision-making authority City Schools - Initiated Due Process City Schools can also request a due process hearing in certain circumstances. The most frequent issue that precipitates City Schools to initiate a due process hearing is the failure of the parent to provide consent for the school to conduct assessments for an evaluation or a reevaluation of a student. City Schools cannot request a due process hearing to compel a parent to permit the initial provision of special education services to a student. Revised August Chapter 31

216 Revised August Chapter 31

217 IDEA/COMAR Requirements: CHAPTER 32 Data Monitoring and Compliance The reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004 added a new requirement for Maryland to develop and submit a State Performance Plan (SPP) for IDEA Part C (Services for children, birth through age two years old, and their families) and IDEA Part B (Services to children with disabilities, ages 3 through 21 years old) to the United States Department of Education, Office of Special Education Programs (OSEP). The purpose of the SPP is to enable OSEP and the Maryland State Department of Education (MSDE) to monitor and enforce the implementation of IDEA Part C and Part B through general supervisory oversight responsibilities and the performance of local Infants and Toddlers Programs (LITPs) and public agencies on the respective SPP indicators. Maryland State Department of Education established measurable and rigorous targets for 20 indicators. 20 U.S.C. 1416(a) (1) (A) and (B), 34 CFR and and (b)(2). As part of the State performance plan, each State must establish measurable and rigorous targets for the indicators. Each State must collect valid and reliable information as needed to report annually on the indicators for the State performance plans. City Schools Process: City schools is required to submit to MSDE an accurate count of all active special-education students as of the last Friday in October (Official Child Count) and an accurate count of all special-education students exiting city schools between July 1 and June 30 of every year. City Schools is required to submit to MSDE quarterly and annual data on City Schools progress with SPP indicators and MSDE Corrective Action Plans. Therefore, City Schools requires data entered in all of City Schools data systems, and documentation located in student folders are accurate and contains the most updated information. City Schools requires frequent monitoring of data cleansing reports, and to ensure that during the IEP process, all of required MDOIEP forms were used and appropriately completed. CITY SCHOOLS PROCEDURES: Data Cleansing Reports When data is not appropriately entered in MDOIEP and/or SMS according to timelines mandated by IDEA and City Schools, cases are generated via data cleansing reports, available on eweb. All cases reported in data cleansing reports should be remediated immediately. School administrators are able to access the Data cleansing reports through eweb. If there are any difficulties with accessing the data cleansing reports, contact Information Technology Department (ITD) Revised August Chapter 32

218 Maryland Online IEP system (MDOIEP) Special Education data is entered in the Maryland Online IEP system (MDOIEP), which tracks all phases of the special education process from child find and the determination of a disability to transition and exit. MDOIEP provides data reports for school administrators and staff to review and to plan accordingly. Encounter Tracker Related service provider data is entered in the Encounter Tracker data system to track the delivery of special education services to students with disabilities. Student Management System (SMS) SMS records the entry of registration, enrollment, attendance, suspension, and withdrawal data for all students; special education and their non-disabled peers. Electronic Prevention Plan (epp) School based requests for prevention plans are documented and recorded in the epp data system for Assessments (Form A) and Services (Form B). epp is an application developed by City Schools ITD in conjunction with the Related Services Unit to store and manage prevention plans electronically. The Related Services Office will initiate the Prevention Plan process for all students to be serviced by an outside contractor as of the start of a school year. The IEP team will submit a Prevention Plan upon discovery that an assessment (Form A) or service (Form B) cannot be completed at the school. In order to: prevent missed IEP services & assessment timeline violations; expedite the prevention plan process in an accurate and thorough manner; and provide quality services for students, parents, and school personnel, the principal, IEP Chair and related service providers will work with RSU Prevention Plan staff to: Ensure receipt of the Prevention Plan Follow-up on the assignment of a provider Document initiation of services Listing of Data Cleansing Reports Report Name Report Description Procedure to Resolve School Staff to Monitor and Resolve Report 2. Overdue Annual Meetings This report lists all students where the most recent IEP meeting occurred more than 13 months ago. Cases on this report may trigger an investigation or audit Steps to Correct: Determine if meeting has been scheduled. If a meeting is not already scheduled, IEP Chair must schedule a meeting as soon as possible. Run report daily. IEP Chairs Revised August Chapter 32

219 Listing of Data Cleansing Reports Report Name Report Description Procedure to Resolve School Staff to Monitor and Resolve Report 4. Evaluation Meetings More than 3 Years old This report lists all students for which the most recent evaluation/reevaluation meeting recorded in MDOIEP is more than 3 years old. The evaluation/reevaluation meeting is viewed as overdue if the due date is prior to the report date or due in the next two weeks. Steps to Correct: Determine if meeting has been scheduled. If a meeting is not already scheduled, IEP Chair must schedule a meeting as soon as possible. Run report daily. IEP Chairs Report 11. Active in MDOIEP Inactive in SMS Cases on this report may trigger an investigation or audit Students listed on this report have a status of active special education student in the MDOIEP system, but have been inactivated in SMS. Cases are inactivated when a transfer or withdrawal code has been entered; including T10 cases. Steps to Correct: Determine if student is actively attending school. If the student is no longer attending school, the IEP Chair must obtain documentation to support MDOIEP exit code and update MDOIEP accordingly. Note: MDOIEP exit code must be consistent with the leave code in SMS, and all supporting documentation must be filed in the student s confidential record. IEP Chair If the student is attending the school, the IEP Chair must work with the SMS registrar to update SMS. Work to ensure that SMS accurately reflects the student s attendance and days on role. Report 18. MD Online IEPs in DRAFT The report shows all cases where the meeting date has past but the IEP has not been finalized. Run report daily. Steps to Correct: Run audit check in MDOIEP to see what must be done in order to finalize the IEP. An initial IEP cannot be finalized until the signature from the parent has been received. IEP Chairs Report 28. Suspension Discrepancies between attendance and discipline Cases on this report may trigger an investigation or audit Cases on this report have discrepancies between attendance and discipline data in SMS. Discrepancies on this report could result in an investigation for undocumented suspensions and potentially could be a FAPE violation. Note: All IEPs should be closed after the IEP Team Meeting. Run report two times a week. Steps to Correct: Review the school wide discipline log and the student discipline log to determine the actual days removed. Run report daily. IEP Chair, AP responsible for suspension data entry, Cases on this report may trigger an investigation or audit Revised August Chapter 32

220 Listing of Data Cleansing Reports Report Name Report Description Procedure to Resolve School Staff to Monitor and Resolve Report 29. Active in SMS Inactive in MDOIEP Students listed on this report are active in the SMS system but show as exited in MDOIEP. Steps to Correct: Determine if the student is actively attending school. If the student is no longer attending the school, the IEP CHAIR must obtain documentation to support SMS leave code and work with the SMS registrar to update SMS accordingly. Note: the exit code in MDOIEP must be consistent with the leave code in SMS, and all supporting documentation must be filed in the student s confidential record. IEP Chair and SMS Registrar Report 31. MDOIEP LRE Servicing School MDOIEP Demographics Servicing School Cases on this report may trigger an investigation or audit Students listed on this report show 2 different servicing schools within MDOIEP. The Servicing School on the Demographics page is different from the Servicing school on the LRE page of the IEP. If the student is attending the school, the IEP CHAIR must update MDOIEP to show that the student is an active special education student. Run report daily. Steps to Correct: The IEP Chair must determine if the student which school the student actively attending. Complete either the Sending School or the Receiving School steps from the Transfer Procedures for MDOIEP from CITY SCHOOLS to CITY SCHOOLS outlined below. IEP Chair Report 32. MDOIEP LRE Servicing School SMS Attending School Students listed on this report have a servicing school on the LRE page of the IEP that is different from the current SMS attending school. Run report daily. Steps to Correct: The IEP CHAIR/TSP must determine if the student which school the student actively attending. Complete either the Sending School or the Receiving School steps from the Transfer Procedures for MDOIEP from CITY SCHOOLS to CITY SCHOOLS outlined below. IEP Chair Report 33. SMS Discipline Missing or Invalid Data Report 34. Multiple suspensions per student with the same incident date Incidents listed on this report are missing at least one required piece of data or the data entered is invalid for the outcome indicated. The column marked with an X. indicates the specific data issue. Incidents in this report appear to have been entered into SMS more than once. Run report daily. Steps to Correct: Contact the Education Specialist assigned to your school for assistance. Run report daily. Steps to Correct: Please contact the data specialist assigned to your school for assistance. Run report daily. IEP Chair, AP IEP Chair, AP Revised August Chapter 32

221 Listing of Data Cleansing Reports Report Name Report Description Procedure to Resolve School Staff to Monitor and Resolve Report 35. Incident records where student involved was recorded using district level versus school level Report 36. Inconsistent exit codes MDOIEP & SMS Incidents appearing here have been input incorrectly into SMS. Please contact the data specialist assigned to your school to rectify. This report lists students with MDOIEP exit code and SMS leave codes that are inconsistent with each other Contact Office of Suspension Services to resolve Steps to Correct: The IEP Chair must determine from the supporting documentation in the student confidential folder, the correct exit code. MDOIEP and/or SMS must be updated accordingly. IEP Chair, AP IEP Chair and SMS Registrar Report should be run weekly. Report 50. Annual Meetings due within 30 days This report lists all students whose most recent IEP annual meetings are due within the next 30 days. Run report monthly. IEP Chair Report 51. Evaluation Meetings More than 3 Years old This report lists all students for whose most recent evaluation/reevaluation meetings recorded in MDOIEP are due in the next 30 days. Run report monthly. IEP Chair Report 78. Active in etr without transportation listed in IEP This report lists all special education students that appear active in etr but do not have transportation listed as a service in their IEP. Steps to Correct Transportation monitors must investigate the case to determine if transportation is listed as a service on the student s IEP. If transportation is not listed as a service, then an adjusting data entry is needed to correct etr by updating the etr transportation reason to another reason other than IEP. Transportation Monitor If transportation is listed on the student s IEP, then update etr transportation reason to IEP. Report 79. Inactive in SMS and/or MDOIEP and active in etr This report lists all special education students that appear active in etr and inactive in SMS and/or MDOIEP. Run report daily. Steps to Correct Transportation monitors must investigate the case to determine if the student is inactive. If the student is no longer attending City Schools, then an adjusting entry is needed in etr to inactivate the student. Transportation Monitor Run report daily. Revised August Chapter 32

222 Listing of Data Cleansing Reports Report Name Report Description Procedure to Resolve School Staff to Monitor and Resolve Report 80. Transportation is checked in MDOIEP and no record appears in etr. This report lists all special education students that appear with transportation checked YES in MDOIEP and but do not have transportation listed in etr. Steps to Correct Transportation monitors must collaborate with the IEP chair to investigate the case by reviewing the IEP to determine if transportation is listed as a service on the student s IEP. If the student is to receive transportation as an IEP service, then etr must be updated by adding the student to etr with the transportation reason as IEP. If after review of the IEP, it has been determined that transportation is listed as a service on the IEP incorrectly, then the IEP Chair must follow proper procedures to amend the IEP so that transportation is no longer checked as a service in the IEP. The amendment form requires parent signature for consent. If the parent does not provide a signature or approval for amendment, then an IEP meeting must be scheduled to review the need for transportation. Transportation Monitor Run report daily. Revised August Chapter 32

223 Chapter 33 Frequently Asked Questions When should a Prior Written Notice be completed? Is the Prior Written Notice necessary for every IEP meeting? See Chapter 8: Prior Written Notice to Parents Regarding IEP Team Decisions, pp What are the required procedures that need to be followed for students referred for evaluation? See Chapter 9: Evaluation Process, pp , 49 What forms need to be completed for initial evaluations? See Chapter 10: Determination of Eligibility/Evaluation Meeting, pp What factors should the IEP team consider when determining if a student qualifies for transportation services? What do I do if the student requires specialized equipment? See Chapter 14: Transportation as a Related Service, pp What factors must be considered when determining the Least Restrictive Environment (LRE)? See Chapter 16: Placement Determination/Least Restrictive Environment Decision Making, p. 114 What is the timeline to make up a missed service? See Chapter 19: IEP Implementation, pp What are the procedures to follow when a service has been missed? See Chapter 19: IEP Implementation, pp What information needs to be included in the IEP Progress Reports? When are the IEP Progress Reports sent to the parents? See Chapter 20: Reporting Progress, pp When is it appropriate for school personnel to use restraint, exclusion or seclusion to address a student s behavior? How should the use of restraint, exclusion or seclusion be documented? See Chapter 23: Discipline Procedures, p. 165 When should the IEP team discuss FAPE? What information should be contained in the FAPE discussion? See Chapter 23: Discipline Procedures, pp Revised August Chapter 33

224 Revised August Chapter 34

225 Chapter 34 Additional Resources 1. The Office of Special Education Programs (OSEP) 2. IDEA 2004 Public Law IDEA 4. Maryland Department of Education 5. Maryland Department of Education The Division of Special Education/Early Intervention Services Resources and Publications 6. Maryland Department of Education Division of Special Education/Early Intervention Services 7. COMAR Online 8. National Association of Special Education Teachers 9. National Dissemination Center for Children with Disabilities Council for Exceptional Children Revised August Chapter 34

226 Special Education Staff Roster Office of Special Education Name Title Work Phone Hoffman, Kimberly Interim Executive Officer Dull, Jennifer Executive Assistant Related Services Name Title Work Phone Padden, James Director Coordinator- O.T./ P.T., Low Vision, Hearing Impaired, Cohen, Katie Adapted P.E Decker-Brown, Beverly Supervisor- SLP Olley, Rivka Supervisor-Psychology Ramsey, Debra Supervisor- Social Work Special Education Data Reporting, Compliance and Audit Name Title Work Phone Brooks, Charles Director Vacant Coordinator, Data reporting Mullen, Michelle Data Analyst Scott, Reginald Data Analyst Smith, Crystal Data Analyst Wilson, Edward Data Analyst Wood, Jennifer Data Analyst Woods, Sharron Coordinator, Compliance and Audit Harris, Joyce Specialist Mann, Mary Carol Specialist Moore, Arthur Specialist Myrick, Angela Specialist Settlement Agreement and Parent Response Name Title Work Phone Banning, Donna Director Bevins, Lenora Coordinator- Due Process, Parent Response, Parent Surrogate Madrid, Joel Staff Specialist Thornton, Michelle Staff Specialist - Make-up Services Parker, Angela Staff Specialist - Parent Surrogate and Partners for Success Revised August Chapter 34

227 Student Learning Support Name Title Work Phone Vacant Director Gasque, Paris Coordinator-Inclusion Holmes, Bonnie Specialist Wizda, Lorraine Specialist Teagle, Andrea L. Specialist Harold, Edna Specialist Graves-Miller, Lisa Coordinator-Academics Holley, Ernestine Specialist Cranson, Camille Specialist Barnes, Wendy Specialist Anastasio, Joseph Coordinator-Transition McLaughlin, Lois Coordinator IEP Teams Altman, Charles IEP Team Specialist LaFontaine, Ruth IEP Team Specialist Lyles, Shawn IEP Team Specialist McGonigal, Christa IEP Team Specialist White, Donna IEP Team Specialist Marion Masseaux IEP Team Specialist Special Education Administration Name Title Work Phone Vacant Director Fantom, Concetta Coordinator- Non-public Home and Hospital Name Title Work Phone Fink, Louise Director Baker, Correan Specialist II- Medically Fragile / Christy Fuhrer, Gloria Price Autism Waiver /2425 Revised August Chapter 34

228 Notes Revised August Chapter 34

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234 Chapter 35 Glossary Accommodation- practices and procedures, in accordance with the Maryland Accommodations Manual, that provide students with disabilities equitable access during instruction and to assessments in the areas of: Presentation Response Setting Scheduling Age of Majority: IDEA requires that at least one year prior to reaching the age of majority in accordance with State law, the parents and student are to be informed of his or her rights under IDEA, which will transfer to him/her, if any. Rights under IDEA do not transfer to students with disabilities under Maryland State law. In certain limited circumstances, all rights accorded to the parents under IDEA shall transfer to a student with a disability. This transfer occurs when the student reaches the age of 18 years, if the student has not been adjudged incompetent under State law and there is documentation that: The parents are unavailable or unknown, and the student requests that the parental rights be transferred to the student rather than have a parent surrogate appointed The parents have not participated in the special education decision making process for the student after repeated attempts by the public agency to involve the parents over the previous year The parents have affirmatively rejected participation in the special education decision making process The parents cannot participate in the special education decision making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both of the parents and the parents have consented to the transfer of rights to the student The parents cannot participate in the special education decision making process due to extraordinary circumstances beyond their control, and the parents have consented to the transfer of rights to the student; or The student is living outside of the parents' home and is not in the care or custody of another public agency If the parents of a student with a disability, with whom the student resides, do not consent to the transfer of rights to the student at the age of 18, and the student has not been adjudged incompetent under State law, either party may file for due process to determine whether the rights should be transferred. If a parent surrogate in accordance with federal and State laws and regulations has represented a student with a disability, the public agency shall provide any written notice required under federal and State laws and regulations to both the student and parent surrogate. All other rights afforded the parent surrogate under IDEA shall transfer to the student if the student has not been adjudged incompetent under State law and the student requests that the rights transfer to the student. [Education Article , Annotated Code of Maryland] Revised August 2012 Chapter

235 Alternate Maryland School Assessment (Alt-MSA): The Alternate Maryland School Assessment (Alt-MSA) is the alternate assessment to the Maryland School Assessment Program (MSA). Students with the most significant cognitive disabilities participate in the Alt-MSA if through the IEP process it has been determined they cannot participate in the MSA even with accommodations (see participation guidelines below). The Alt-MSA assesses and reports student attainment of individually selected indicators and objectives from the reading, mathematics, and science content standards. A portfolio for the Alt- MSA is constructed of artifacts, such as student work samples, that document individual student mastery of the assessed reading, mathematics, and science objectives. Students participate in Alt- MSA in grades 3 through 8, and grade 10. Alt-MSA results are reported in three proficiency levels (Basic, Proficient, and Advanced) as part of the State Accountability program. Results from the Alt-MSA are aggregated with those from the MSA for accountability purposes, but the number of Alt-MSA students reported as proficient or above will be capped at 1% of the total number of assessed students at each grade and content. Refer to the Maryland Accommodation Manual, 2012for additional information regarding the guidelines for Alt-MSA. Each student s IEP team makes the decision as to which assessment is appropriate for an individual student. It is best practice for a student s IEP team to use the Mod-HSA IEP Team Decision-Making Process Eligibility Tool as a safeguard to ensure appropriate identification of students with disabilities for participation in the Alt-MSA or Mod-HSA. This completed tool must be maintained in the student s cumulative school record, to verify student's eligibility to participate in the Alt-MSA or Mod-HSA. A student with a significant cognitive disability will participate in Alt-MSA if he or she meets each of the following criteria: The student is learning (at emerging, readiness, or functional literacy levels) extended Maryland reading and extended Maryland mathematics content standards objectives. AND The student requires explicit and ongoing instruction in functional skills. AND The student requires extensive and substantial modification (reduced complexity of objectives and learning materials, and more time to learn) of general education curriculum. The curriculum differs significantly from that of their nondisabled peers. They learn different objectives, may use different materials, and may participate in different learning activities. AND The student requires intensive instruction and may require extensive supports, including physical prompts, to learn, apply, and transfer or generalize knowledge and skills to multiple settings AND The student requires extensive support to perform and participate meaningfully and productively in daily activities in school, home, community, and work environments AND The student cannot participate in the MSA even with accommodations Revised August 2012 Chapter

236 Students not meeting the criteria above will participate in the MSA, with or without accommodations, as appropriate, based on their IEP. [Maryland Accommodations Manual, June 2012; COMAR 13A.03.02; State Performance Plan Indicator 3] Assessing Comprehension and Communication in English State-to-State for English Language Learners (ACCESS for ELLS): ACCESS for ELLs is an English language proficiency test; as such, it is a tool used to assess the construct of ELs' receptive and productive skills in English. Because it focuses on language rather than content area knowledge and skills, some accommodations that might be appropriate for the classroom or content area tests should not be used with ACCESS for ELLs as they will invalidate the construct. In other words, students would be taking a test that is no longer measuring just their English language proficiency, making any interpretation or inferences from the scores invalid. Refer to Maryland Accommodations Manual Appendix P: MD State Assessment and ACCESS for ELLs Accommodations Crosswalk for additional information. [Maryland Accommodations Manual, June 2012] Assessment: The process of collecting data for an evaluation to be used by an Individualized Education Program (IEP) team to determine a student s need for special education and related services. Assistive Technology Device: 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 functional capabilities of a student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. [20 U.S.C. 1401(1); 34 C.F.R ] Assessment: the process of collecting data in accordance with Regulation.05 of this chapter, to be used by the IEP team to determine a student's need for special education and related services. Assistive technology service: is a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes: The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs Training or technical assistance for a student with a disability or, if appropriate, the student's family Revised August 2012 Chapter

237 Training or technical assistance for professionals, including individuals providing education or rehabilitation services, employers, or other individuals who provide services, employ, or are otherwise substantially involved in the major life functions of a student with a disability, in accordance with 34 CFR Behavior Intervention Plan (BIP): A proactive plan designed to address problem behaviors exhibited by a student in the educational setting using positive behavioral interventions, strategies, and supports. [COMAR 13A B (1)] Business Day: A day when a public agency is open for business whether students are required to attend for instruction Consent: - a parent: Has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication; Understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. "Consent" includes consent given to an action before a parent revokes consent, so that: If a parent revokes consent, that revocation is not retroactive and does not negate an action that occurred after the consent was given and before the consent was revoked; and If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the student's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent. Consultation: Services provided to a teacher, parent, or other service provider, regarding a specific student, designed to support and enhance the implementation of a student's IEP. Day: A calendar day unless otherwise indicated as a school day or business day. Diligent Efforts: Examples of diligent efforts include: Detailed records of telephone calls made or attempted and the results of those calls Copies of correspondence sent to the parent and any responses received Detailed records of visits made to the parent s home or place of employment. Revised August 2012 Chapter

238 Early identification: The implementation of a formal process for identifying a disability as early as possible in a child's life. Emotional Disturbance: A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects a student's educational performance: An inability to learn that cannot be explained by intellectual, sensory, or health factors An inability to build or maintain satisfactory interpersonal relationships with peers and teachers Inappropriate types of behavior or feelings under normal circumstances A general, pervasive mood of unhappiness or depression A tendency to develop physical symptoms or fears associated with personal or school problems "Emotional disturbance" includes schizophrenia "Emotional disturbance" does not include a student who is socially maladjusted, unless it is determined that the student has an emotional disturbance Extended Individualized Family Service Plan (IFSP) Option: By the age of three (3), if a child with a current IFSP is determined eligible for special education and related services, the child's family may choose to continue to receive early intervention services with an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy through an IFSP until the child enters kindergarten. Extended school year services: The individualized extension of specific special education and related services that: Are provided to a student with a disability beyond the normal school year of the public agency or nonpublic school the student attends, in accordance with the student's IEP Are provided at no cost to the parents of the student Meet the standards of the Department Free appropriate public education (FAPE): Special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet state and federal requirements; include preschool, elementary school, or secondary school education; and are provided according to an IEP. Revised August 2012 Chapter [20 U.S.C. 1412(a)(1)(A); 34 C.F.R ] Functional Behavioral Assessment (FBA): The systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the student s identified problem behavior. An FBA includes the identification of the functions of the problem behavior for the student; a description of the problem behavior exhibited in the educational setting; and identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time. [COMAR 13A B (5)]

239 Independent educational evaluation: Assessment procedures are conducted by a qualified individual not employed by the public agency responsible for the education of the student. Indirect Consultative Services: Services provided to a teacher, or other service provider regarding a specific student, designed to support and enhance the implementation of a student's IEP. Intellectual Disability: General intellectual functioning, adversely affecting a student's educational performance, that: Is significantly sub average Exists concurrently with deficits in adaptive behavior Is manifested during the developmental period Limited English Proficient (LEP): An individual who does not speak English as the individual's primary language and who has a limited ability to read, speak, write, or understand English. Maryland Model for School Readiness (MMSR) Kindergarten Assessment: MMSR is a school readiness framework. It is an assessment and instructional system designed to provide parents, teachers, and early childhood providers with a common understanding of what children know and able to do upon entering school. It is defined by early learning standards for what children should know and be able to do by the end of kindergarten. In the summer of 2004, the MMSR standards were revised to reflect the State Curriculum (SC) content standards, indicators and objectives. In addition, the MMSR Fall Performance Examples (FPE's) were revised to provide close alignment between the new MMSR standards and exemplars that describe the assessment guidelines for kindergarten and pre-kindergarten. An important component of the MMSR is the Work Sampling System (WSS), which provides a way for teachers to document and assess children s skills, knowledge, behavior, and academic accomplishments in a variety of subject areas. By observing students, teachers gain a better understanding of what they know, are able to do, and still need to practice. The WSS is not a conventional readiness test and is not used to place students in particular programs. It is designed to support students learning in seven areas: Social and personal development Language and literacy Mathematical thinking Scientific thinking Social studies The arts Physical development. [Maryland Accommodations Manual, June 2012] Revised August 2012 Chapter

240 Maryland School Assessment (MSA): The Maryland School Assessment Program (MSA) measures higher order thinking processes in reading (grades 3 through 8) and mathematics (grades 3 through 8). The MSA is a tool for school improvement and an overall measure of students' knowledge accumulated over several years of schooling. The MSA measures student, school, school system, and state performance and assesses the student s performance against state standards in reading and mathematics. The MSA includes norm-referenced test items, and the results from these items measure student, school, and school system performance in comparison with national norms. The MSA tests are administered in March of each year, except for the end-of-course tests in English and algebra/data analysis, which are administered in January, May, and summer each year. The MSA in Science is for students enrolled in grades 5 and 8. The MSA in Science is administered in April of each year. [COMAR 13A.03.02; Maryland Accommodations Manual, June 2012; State Performance Plan Indicator 3] Maryland State Department of Education (MSDE): The State education agency responsible for administration and supervision of local education agencies to ensure the provision of a free appropriate public education is made available to all students with disabilities. [34 C.F.R. 300; Education Articles , Annotated Code of Maryland; COMAR 13A.05.01; COMAR 13A.05.02; COMAR 13A.08.03; COMAR 13A.08.04] Medical Assistance Service Coordination: Case management services, which assist students with disabilities receiving medical assistance to gain access to the services, recommended in the student s IEP. The Medical Assistance Service Coordinator is an individual who meets the requirements specified in COMAR C and provides the services specified in COMAR A service coordinator shall be an employee or under contract with a provider, be chosen by the IEP team or waiver multidisciplinary team, with the approval of the participant's parent or parents, taking into consideration the primary disability manifested by the student, the student s needs, and services recommended in the IEP. The Service Coordinator is to: Participate in the IEP team to develop, review, or revise the student s IEP, as appropriate, as in gaining access to the services recommended in the IEP; Assist the student in gaining access to the services recommended in the IEP; and collect and synthesize evaluation reports and other relevant information about the student that might be needed by an IEP team. [COMAR ] Modification: A practice or procedure that changes, lowers, or reduces learning expectations. Modifications can increase the gap between the achievement of students with disabilities and expectations for proficiency at a particular grade level. Using modifications may result in implications that could adversely affect students throughout their educational career. [Maryland Accommodations Manual, June 2012] Revised August 2012 Chapter

241 Modified High School Assessment (Mod-HSA): The Modified High School Assessments (Mod-HSAs) are Modified Assessments based on course level core learning goals and modified academic achievement standards designed for students receiving special education services and who meet specific participation requirements. These end-of-course assessments in algebra/data analysis, English, biology and government meet both the Maryland graduation testing requirements (passing the HSAs is required for students who first entered grade 9 in the fall of 2005 or later) and the education accountability requirements of the federal No Child Left Behind Act of 2001 (NCLB). The Mod-HSA in government is part of the Mod-HSA program of graduation testing requirements but is not a part of the NCLB accountability program. [Maryland Accommodations Manual, June 2012] The Mod-HSAs cover the same content (as described in the Maryland Core Learning Goals and Assessment Limits) as the regular High School Assessments (HSA). The test will be administered during each of the regular HSA testing window. Results from the Mod-HSAs are summarized at the school, school system, and State level, and are combined with results from the HSA and the grade 10 Alt-MSA as part of Maryland s Education Accountability Program. Mod- HSA results will be reported in three proficiency levels (Basic, Proficient, and Advanced) as part of the State Accountability program, but the number of Mod-HSA students reported as proficient or above will be capped at 2% of the total number of assessed students at each grade and content. Refer to the Maryland Accommodation Manual, June 2012 for additional information regarding the guidelines for Mod-HSA. [COMAR 13A.03.02; Maryland Accommodations Manual, June 2012; State Performance Plan Indicator 3] A student who would be eligible for the Mod-HSA would be identified based on his/her individual evaluation information and the instructional and service information on his/her IEP. The student would be identified as appropriate for instruction and assessment using on course level core learning goals and modified academic achievement standards aligned with the Algebra/Data Analysis, Biology, English and/or Government. Students pursuing the Mod-HSA are not precluded from completing the requirements for the Maryland High School Diploma. It is best practice for a student s IEP team to use the Mod-HSA IEP Team Decision-Making Process Eligibility Tool as a safeguard to ensure appropriate identification of students with disabilities for participation in the Alt-MSA or Mod-HSA. This completed tool must be maintained in the student s cumulative school record, to verify student eligibility to participate in the Alt-MSA or Mod-HSA. The student would have been identified as meeting each of the following four criteria: The student learning is based on the State s Academic Content Standards/Core Learning Goals in the appropriate content area being considered: Algebra/data Analysis, Biology, English and/or Government. There must be sufficient objective evidence demonstrating that the student is not likely to achieve proficiency within the school year covered by his/her IEP. AND The student requires and receives modified academic achievement standards aligned with the Maryland Academic Content Standards/Core Learning Goals in the relevant content area (s) for the student s grade level during instruction and assessment. In addition, specific modifications implemented in these instructional and assessment settings may include less complex, fewer and Revised August 2012 Chapter

242 shorter reading passages, shorter or less difficult questions, and test items with fewer answer choices. AND The student has had consecutive years of individualized intensive academic instruction intervention in the relevant content area (s) consistent with his/her IEP, and although progress towards course-level standards was made, he/she is not making progress at course-level. AND The student must demonstrate that he/she cannot attain proficiency on the Algebra/Data Analysis, Biology, English and/or Government HSA, even with the provision of accommodations based on documented multiple valid and objective measures of student s progress (or lack of progress). Examples include the end-of-course assessments, district-wide assessments, data gathered from classroom assessments, and other formative assessments that can validate documented academic achievement in response to appropriate instruction. There must be enough time to document Modified High School Assessment Plus (Mod-HSA+Plus): A Mod-HSA+Plus student is defined as a student who has failed the regular HSA at least once but received course credit and does not qualify for the Mod-HSA eligibility. This MOD- HSA+Plus designation is applicable only to meeting the HSA requirement for the Maryland High School Diploma. Mediator: A qualified individual who is: Selected by the Office of Administrative Hearings to conduct mediation in accordance with 34 CFR , Education Article 8-413, Annotated Code of Maryland, and Regulation.15B of this chapter; and Trained in effective mediation techniques Medical Services: Services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services. IEP Team Meeting: Prearranged event when personnel of a public agency, a parent, and others who have knowledge or special expertise regarding the student, at the discretion of the public agency or the parent, come together at the same time and place to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a student with a disability. "Meeting" does not include: Informal or unscheduled conversations with public agency personnel; Conversations on issues of teaching methodology, lesson plans, or coordination of service provision, if these issues are not addressed on the student's IEP; or Preparatory activities of public agency personnel necessary to develop a proposal or response to a parent proposal that will be discussed at a later meeting. Revised August 2012 Chapter

243 Missed Services: A service is deemed missed if the student does not receive a service as scheduled. This does not apply if the student is absent. If a student misses services due to a refusal to accept them, the IEP team must meet to determine another method of administering the service specified. Modifications: Practices that change, lower, or alter learning expectations, in accordance with the Maryland Accommodations Manual. Native Language: "Native language" means the language normally used by an individual who is limited English proficient, or the language normally used by the parent of the student in accordance with 34 CFR 29. "Native language" includes the language normally used by the student in: o All direct contact o Assessment and evaluation o The student's home; and o The student's learning environment "Native language" includes the mode of communication that is normally used by an individual: o Who is blind o Who is deaf o With no written language o Parent: Is defined as follows: A biological or adoptive parent; A guardian; A person acting as a parent of a student, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare; A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care; or A surrogate parent who has been appointed in accordance with 34 CFR and Education Article, 8-412, Annotated Code of Maryland. Participating Agency: Public agency, other than the public agency responsible for the student's education that is financially and legally responsible for providing or paying for the provision of transition services to the student. Prior Written Notice (PWN): An IEP team shall provide prior written notice (PWN) to the parent of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, Revised August 2012 Chapter

244 educational placement of the student, or the provision of FAPE to the student. PWN content includes: A description of the action proposed or refused An explanation of why the public agency proposes or refuses to take the action A description of the options the public agency considered and the reason the options were rejected A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal A description of any other factors relevant to the proposed or refused action A statement that the parent has protections under the procedural safeguards of the act and the manner in which the parent may obtain a copy of the procedural safeguards A statement informing a parent of the State written complaint procedures of this chapter If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent. [20 U.S.C. 1415(b) (3) and (4), 1415(c) (1), and 1414(b) (1); 34 C.F.R ; COMAR 13A ] Public Agency: "Public agency" means a State or local government or quasi-government entity responsible for the provision of a free appropriate public education to students with disabilities. "Public agency" includes local school systems, the SEED School, the Department, the Department of Health and Mental Hygiene, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Department of Labor, Licensing, and Regulation. Public Expense: The cost of services paid or provided by a public agency at no cost to the parent. Recreation: Services, which include assessment of leisure, function, therapeutic recreation services, recreation programs in schools and other community agencies, and leisure education. School Day: A day, including a partial day, when a public agency is open and students with and without disabilities are required to be in attendance for instruction in accordance with COMAR 13A School Health Services: Services provided by a qualified school nurse or other qualified individual designed to enable a student with a disability to receive FAPE as described in the student's IEP. Revised August 2012 Chapter

245 Secondary School: A public day or residential school that provides secondary education in accordance with 34 CFR , Education Article, 2-205, Annotated Code of Maryland, and COMAR 13A It does not include education beyond grade 12. Service plan: A written statement developed and implemented that describes the special education and related services a local school system shall provide to a parentally placed private school student with a disability designated to receive services, including the location of the services and any transportation necessary. [20 U.S.C. 1412(a) (10) (A); 34 C.F.R COMAR 13A B (69)] Special Education: Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. It includes speech-language pathology services, travel training, career and technology education, and instruction in physical education if the service consists of specially designed instruction. Statewide assessment: The testing procedures adopted by the State Board of Education to measure student or school performance, consistent with 20 U.S.C. 1412(a)(16). Supplementary Aids, Services, Program Modifications, and Supports: Supports and services that enable a student with a disability to be educated within general education settings alongside nondisabled peers. Appropriate supplementary aids, services, program modifications, and supports may include, but are not limited to the services of various personnel that provide instructional support, indirect consultation, related supportive services, special scheduling, materials, devices, and instructional adaptations as determined appropriate for the individual student. [20 U.S.C. 1401(33) 34 C.F.R , (a) (4) 34 CFR (a) (3) (ii) COMAR 13A B (79) COMAR 13A B] Transportation: Services, which includes: Travel to and from school and between schools Travel in and around school buildings Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability Traumatic brain injury: Revised August 2012 Chapter

246 An acquired injury to the brain, caused by an external force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. Travel training: Providing instruction to students with disabilities, as appropriate, who require this instruction to enable them to: Develop an awareness of the environment in which they live Learn the skills necessary to move effectively and safely from place to place within that environment Ward of the State: A child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child. This does not include a foster child who has a foster parent who meets the definition of a parent as defined in B (52) (a) (iv) of this regulation. Revised August 2012 Chapter

247 Revised August 2012 Chapter

248 Appendix A Approved City Schools Forms Appendix 233

249 Baltimore City Public Schools Request for Parent Surrogate Date: / / (PLEASE PRINT ALL INFORMATION) To: Parent Surrogate Coordinator Requested by: 200 E. North Avenue, Room 210 Title: Baltimore, MD Agency/ School: (Office) Address: (FAX) Phone Number: Fax Number: Student Information Student Permanent Number Date of Birth (Month/ Date/ Year) School (Name and Number) Residing with Grade Person/ Facility Relationship Phone Number Address (Street, Apartment Number) Race: African American (Not of Hispanic Origin) American Indian or Alaskan Native Asian/ Pacific Islander Hispanic White (Not of Hispanic Origin) Sex: Male Female Native Language: Program: Date of Last IEP Team Meeting: / / Timeline for Compliance: / / Reason for Request Parent(s) Unknown Parent(s) Unavailable - Deceased Parent(s) Unavailable Geographic Whereabouts Unknown Agency Social Worker (DSS, DJS, etc.) Name Address City, State, Zip Code Disability (if established): Autism Deaf- Blindness Deafness Hearing Impairment Mental Retardation Multiple Disabilities Orthopedic Impairment Other Health Impairment Serious Emotional Disturbance Specific Learning Disability Speech/ Language Impairment Traumatic Brain Injury Visual Impairment Developmental Delay Child in Need of Assessment Custody/ Commitment with Education Rights Guardianship with State Agency Agency Phone Parent Surrogate Recommendation Name Home Phone # Work Phone # Address Employer * Attach any guardianship documentation. Form released from the Office of Special Education on July 2012

250 NOTICE of DOCUMENTS PROVIDED to PARENT for REVIEW at an IEP TEAM MEETING School: Name of student: Date of Notice: Name of parent: Date of scheduled meeting: In 2010 the Maryland General Assembly passed House Bill 269 (HB 269) and Senate Bill 540 (SB 540). As of July 1, 2010, school personnel must provide parents with an accessible copy of each assessment, report, data chart(s), draft Individualized Education Program (IEP), or other document the IEP team or other multidisciplinary education team plans to discuss at that meeting, at least five (5) business days before the scheduled meeting. In order to meet this requirement we are providing the following information for your review prior to the IEP team meeting that is scheduled for (date). A notice of this meeting is: attached or was sent on (date). The following information/documents are attached and may be discussed at the meeting: School personnel may also discuss the following information and are not able to provide documents prior to the meeting: The reason (extenuating circumstance) these documents are not available prior to the meeting is: If the purpose of the IEP team meeting is to develop or review and revise your child s IEP, within 5 business days following the IEP team meeting, school personnel are required to provide a completed copy of your child s IEP. We hope this information is helpful and helps us to have a meaningful and productive discussion regarding your child s needs. If you have questions please contact (contact name, phone number, and/or address). Form released from the Office of Special Education on 7/12/2010

251 Notification of Missed/Make-Up IEP Services Referral Information Submitted By: Last Name, First Name (Print Legibly) Position Signature Referring Office or School: Student Information Student Name Student ID # Last Name, First Name (Print Legibly) DOB Month/Day/Year Attending School Grade Missed Services Information Date (s) of Missed Service: Frequency: IEP Service Missed (Instruction, Speech/Language, OT, etc): Amount of IEP Service Missed: Responsible School: Reason for Missed Service (late bus, late taxi, teacher absence, etc.): Makeup of Missed Services Date: Amt. of Time: Date: Amt. of Time: Date: Amt. of Time: Date: Amt. of Time: Check: Check: Check: Check: ********************************************************************************************* Provider:

252 Referral Information: 1. Check the box to indicate that the referral is an original (first notification of a missed service) or update (update of the Make-Up section). 2. Last Name and First Name: Indicate the person submitting the form. 3. Signature/Position: Include the title and signature of person submitting the form. 4. Referring Office or School: Indicate the referring office or school submitting the form. Code PRU OSEMC ONP RS SUS OSLS ODMCSS OTHER Referring Office Parent Response Unit Office of Special Education Monitoring and Compliance Office of Nonpublic Services Office of Related Services Office of Attendance and Suspension Office of Student Learning Support Office of Data Monitoring, Compliance and Support Services Please write the full name of the Office 5. Check the appropriate box to indicate that the notification is Settlement Agreement (for referrals of missed IEP services) or a result of a FAPE meeting. Student Identification Information: 1. Student Name: Indicate the student s name exactly as it appears in SMS. 2. Student ID#: Indicate the student identification number from SMS. If the student does not have a permanent number, enter the student s social security number. 3. DOB: Indicate the month, day and year of the student s birth. 4. Attending School: Indicate the student s current attending school number. 5. Grade: Indicate the student s current grade level. Missed Services Information: 1. Date (s) of Missed Service: Indicate the date(s) of the missed IEP service. 2. Check the box to indicate the missed service frequency. 3. IEP Service Missed: Indicate the type of IEP service missed (i.e. instruction, Speech/Language, OT, etc). 4. Amount of IEP Service Missed: Calculate (the number of times service was missed) x (the duration of each service). 5. Responsible School: Indicate the school responsible for the missed service. 6. Reason for Missed Service: Indicate the reason for the missed IEP service (i.e. late bus, late taxi, teacher absence, etc). Makeup of Missed Services (include 1 line entry for each make-up session provided): 1. Date: Indicate the date of the make-up service. 2. Amount of Time: Indicate the amount of time make-up services were provided. 3. Check the appropriate box to indicate when make-up services were delivered. 4. Signature of Provider: Include the signature of the person providing the make-up service. The completed form must be sent to the Office of Special Education, 200 E. North Ave. Room 210, Baltimore, MD OR faxed to

253 Date Time Student s Name Student Sign-Out Log School Year Written Notice Received & Verified by Staff Reason for Early Release Name of Person Picking Up Student/Relationship to Student Signature

254 NOTICE of DOCUMENTS PROVIDED to PARENT for REVIEW at an IEP TEAM MEETING School: Name of student: Date of Notice: Name of parent: Date of scheduled meeting: In 2010 the Maryland General Assembly passed House Bill 269 (HB 269) and Senate Bill 540 (SB 540). As of July 1, 2010, school personnel must provide parents with an accessible copy of each assessment, report, data chart(s), draft Individualized Education Program (IEP), or other document the IEP team or other multidisciplinary education team plans to discuss at that meeting, at least five (5) business days before the scheduled meeting. In order to meet this requirement we are providing the following information for your review prior to the IEP team meeting that is scheduled for (date). A notice of this meeting is: attached or was sent on (date). The following information/documents are attached and may be discussed at the meeting: Draft IEP Assessments Educational: Informal: Formal: Intellectual/Cognitive Functioning/Adaptive Speech/Language OT Emotional/Social/Behavior/Development Observation PT Behavioral Assessments Other Vocational Assessments Motor Skills Anecdotal Notes Functional Behavior Assessments Behavior Intervention Plan Discipline Reports Other Available Documentation: School personnel may also discuss the following information and are not able to provide documents prior to the meeting: The reason (extenuating circumstance) these documents are not available prior to the meeting is: If the purpose of the IEP team meeting is to develop or review and revise your child s IEP, within 5 business days following the IEP team meeting, school personnel are required to provide a completed copy of your child s IEP. We hope this information is helpful and helps us to have a meaningful and productive discussion regarding your child s needs. If you have questions please contact (Contact name, phone number, and/or address) Form released from the Office of Special Education on 8/01/2011

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