CHAPTER 4: IEP/IFSP PLANNING STANDARDS

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1 Rochester Public Schools: Total Special Education System Manual CHAPTER 4: IEP/IFSP PLANNING STANDARDS T a b l e o f C o n t e n t s Chapter 4: IEP/IFSP Planning Standards Date of Last Revision Introduction: IEP/IFSP Planning Standards 4 General IEP Requirements 4 Meeting Requirements 5 Review and Revision of the IEP 7 When the IEP Must Be in Effect (student placements) 8 Accessibility and Accountability of IEPs 9 Parent Involvement and Consent 9 Reinstatement of Special Education Services 11 Due Process Considerations: IEP Meetings- steps to holding IEP mtg 12 IEP Meeting Facilitation Checklist 14 IEP Meeting Agenda (optional) 16 Memo regarding IEP Team Member Attendance 18 Example: Agreement Regarding IEP Team Member Attendance 22 Required Content of the IEP 23 Demographic Information 24 IEP Team Members 24 Progress Reporting 24 Extended School Year 25 Rationale and Law 25 Definitions 25 Determining Whether a Student Needs ESY Services 26 Referral Procedures for ESY 28 Frequently Asked Questions about ESY 30 ESY Determination Checklist 33 Extended School Year (ESY) Data Collections Tool (Optional) 34 Delivery Models for Extended School Year (ESY) Services 35 Present Level of Educational Performance 36 Annual Goals and Objectives 37 Goal Writing Tutorial 37 Annual Goal Help Sheet 39 Short Term Instructional Objectives Tutorial 43 Transition (if student is in grade 9 or 14 years old) 45 Role of IEP/Transition Planning Team Members 46 IEP Transition Team Considerations 48 Transition Planning 49 Transition Evaluation Plan 50 Suggested Skills for Transition 56 Community Service Providers 61 Social Security Disability Benefits for Youth with Disabilities 64 Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-1 Page

2 Transition IEP Meeting Agenda Guidelines 65 Transition Planning Flow Chart 67 What Students Need to Know About Transition 69 SILS Program (Semi-Independent Living Services) 69 Transition Resource Websites 81 Notice of Transfer of Rights 84 Notice of Transfer of Parent Rights Form 84 Special Education and Related Services 85 Adaptations in Special Education 86 LRE Explanation 88 Assessment Information 91 Minnesota Graduation Requirements 91 Graduation-Required Assessment for Diploma (GRAD) Questions and 94 Answers about Reading and Mathematics Procedures for Accommodations, Modifications, and Minnesota Test 96 of Academic Skills (MTAS) Assessment Decisions Process for Students with an Individualized 99 Education Plan (IEP) Decision Framework for IEP Teams Regarding State Accountability 102 Assessments Summary of Accommodations for Minnesota Assessments 104 Accommodations Explained 105 Federal Settings 108 Signature Page 110 Individualized Family Service Plan (IFSP) Requirements 110 Individualized Family Service Plan (IFSP) 6 - month and Annual Reviews 115 Comparison of the IEP and IFSP 116 Family Outcome Survey 120 ECSE Child Outcomes Summary Form 128 Behavior Intervention Plan (BIP) 132 Behavior Intervention Procedures 132 Parental Right to Withdraw Consent 133 Conditional Intervention Procedures 133 Locked Time Out Room Checklist 134 Prior Written Notice 134 Revocation of Parent Consent 136 Example- Prior Written Notice- proposing an IEP 137 Documentation: 140 Example: Notice of a team meeting 141 Hospital or Homebound Services 143 Notice of Procedural Safeguards Brochure 144 Parent Contact Documentation 153 Record of Inspection and Index of Due Process Forms 154 IEP Evaluation Rubric 156 Example of an IEP 158 Example of an IFSP 166 Example of a BIP 179 Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-2

3 Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-3

4 Rochester Public Schools: T otal Special Education System Manual IEP/IFSP/ISP PLANNING STANDARDS Individualized Education Program (IEP): A written statement for each child with a disability that is developed, reviewed, and revised annually through the IEP team process. The IEP team is responsible for determining the appropriate placement of children with disabilities. Individualized Family Service Plan (IFSP): A written plan for providing services to a child and the child s family through interagency agreements. Procedural and program requirements for the IEP also apply to the educational components of the IFSP. Individual Service Plan (ISP): For all students who qualify for special education that attend nonpublic school, are home schooled, or are shared time students, the case manager needs to write an ISP and send a copy to the Student Support Services secretary at Edison. GENERAL INDIVIDUALIZED EDUCATION PROGRAM (IEP) REQUIREMENTS IEP Team: A group of individuals responsible for developing, reviewing, or revising an IEP for a child with a disability. IEP team members include: 1. Parent(s)*; 2. Regular Education Teacher* (no less than one if the child is, or may be participating in the regular education environment); To the extent appropriate, the regular education teacher will participate in the development of the IEP including : (a) positive behavioral interventions and supports, and (b) supplementary aids and services, program modifications, and support for school personnel; 3. Special Education Teacher*; 4. Representative of the School District*: an administrative designee who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, is knowledgeable about the general curriculum, and is knowledgeable about the availability of resources of the district; 5. An individual who can interpret the instructional implications of evaluation results; 6. Any individuals at the parent or district s discretion who have knowledge or special expertise regarding the student; 7. A person knowledgeable concerning racial, cultural, or disabling differences of the student 8. Student, if appropriate; 9. Special Situations: Multi-disability Team: A team member licensed in the student s disability shall be a member of the evaluation team and participate in the development, review, or revision of the IEP. Consultation and indirect services must be provided to the general or special education teacher providing instruction if not licensed in the disability. The frequency and amount of time for specific consultation and indirect services shall be determined by the IEP team. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-4

5 Student Enrolled in Nonpublic School: A representative of the nonpublic school must be included in the team process. If the representative cannot attend, the district will utilize other methods to ensure participation. Out of District Placement: In the event that a child is placed outside the child s resident district, representatives from the outside district must be invited to attend the team meeting. Secondary Transition Services Being Considered: The child with a disability must be invited to attend the IEP meeting when the purpose is to consider postsecondary goals for the child. If the child does not attend, the district must take other steps to ensure that the child s preferences and interests are considered. To appropriately evaluate and plan for a child s secondary transition, additional IEP team members may be necessary and may include vocational education staff members and other community agency representatives as appropriate. Initial IEP Team Meeting for Child Previously Under Part C: For a child previously served under Part C, the service coordinator or other representatives of Part C must be involved in the IEP planning. Coordination of Interagency Services: If a child receives services through another agency, a representative from that agency will be invited to participate in the evaluation meeting and IEP team meeting * Required members of the IEP team IEP Manager: Districts will assign a teacher or other licensed staff who is a member of the child s IEP team as the child s IEP manager to coordinate the instruction and related services for the child. Responsibilities of IEP Manager include: Assure compliance with procedural requirements; Communication and coordination among home, school, other agencies; Coordination between regular and special education programs; Facilitate transition to the student s next placement; and Scheduling team meetings. MEETING REQUIREMENTS A meeting to develop an IEP will be conducted within 30 school days of determining that a child needs special education and related services. Ensuring Parent Attendance at Meetings: Districts will take steps to ensure that one or both of the parents of a child with a disability are present, or afforded the opportunity to participate, at each IEP meeting, including: 1. Providing notification of the meeting early enough to ensure that they will have an opportunity to attend; and 2. Scheduling meetings at a mutually agreeable time and place. The notice must: Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-5

6 Indicate the purpose, time and location of the meeting and who will be in attendance; and Inform the parents of participants knowledge or expertise about the child For a child with a disability of transition age the notice must also indicate: The purpose of the meeting will be consideration of postsecondary goals and transition services; The student will be invited to participate in planning; Other agencies that will be invited for the purpose of postsecondary planning. If neither parent can attend the IEP meeting, districts will use other methods to ensure parent participation including individual or conference calling. A meeting may be conducted without parent in attendance if parent cannot be convinced that they should attend. The IEP manager will keep a record of the attempts to arrange a mutually agreed time and place such as: Detailed records of telephone calls made or attempted and the results of those calls; Copies of correspondence sent to the parents and responses received; and Detailed records of visits made to the parent s home or place of employment and the results of those visits. If the parents are unable to attend or prefer an alternate method for receiving the information, records of three attempts to arrange a mutually agreed upon time and place should be documented and kept in the cumulative file. Detailed phone logs, copies of correspondence, and noted visits made to the parent s home or place of employment are the required documentation Districts will take whatever action is necessary to ensure that the parent understands the proceedings of the IEP meeting, including arranging for an interpreter. Definition of a Parent Parent means natural or adoptive parent of the child (unless the natural or adoptive parent does not have legal authority to make educational decisions); a foster parent, unless state law, regulations or contractual obligations with a state or local entity prohibits a foster parent from acting as a parent/guardian (but not the state if the child is a ward of the state); an individual acting in place of a natural or adoptive parent (including a grandparent, stepparent or other relative) with whom the child lives, or an individual who is legally responsible for the child s welfare; or a surrogate parent who has been appointed by the districts. Excused Absence from Team Meeting by Individual Members: A member of the IEP team (excluding the parent) may be excused from attending the IEP meeting if the parent agrees, in writing, that their attendance is not necessary because their curriculum area will not be discussed or modified at the meeting. The team member who is excused from the meeting will provide input into the development of the IEP Annual Review of the IEP: The IEP will be reviewed and modified at least annually. The annual IEP must be finalized and agreed to by the parent prior to the expiration date of the previous IEP. Periodic Review of the IEP/ Progress Reporting: The IEP for each child must include a statement of how the child s progress toward the annual goals will be measured and how the child s parents will be informed of this progress. Progress reporting must be conducted at least as often as non-disabled students progress is reported (report card). The annual IEP Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-6

7 meeting does not count as a progress report. The progress report must be provided to the parent in conjunction with when the parents receive their child s report card. Significant Change: The District does not support the use of significant change. When a change of any kind is necessary case managers are expected to hold an IEP meeting to develop a new IEP in Student Plans. Nonpublic Schools: If a child with a disability who will receive special education or related services is enrolled in a religious or private school by the child s parents, the serving district will initiate and conduct meetings to develop, review, and revise a service plan for the child. Review of Emergency Use of Conditional Procedures/Behavior Intervention Procedures: (See Guidelines on the Use of Behavior Interventions for Students with Disabilities in chapter 15). If an emergency intervention is used twice in a month, or a student s pattern of behavior is emerging that interferes with the achievement of the student s educational goals and objective, districts will call a team meeting to determine if the student s IEP is adequate. Districts may use conditional procedures in emergencies until the IEP team meets, provided the emergency measures are deemed necessary by the district to protect the student or others from harm. The IEP team will meet as soon as possible, but no later than five school days after emergency procedures have commenced. Placement Decisions: In determining the placement of a child with a disability, the district will make the decision based on the recommendations of the IEP team, including the parents and other persons knowledgeable about the child, the evaluation data, and placement options. REVIEW AND REVISION OF THE IEP The districts will review students IEPs periodically, but not less than annually, to determine whether the annual goals for the student are being achieved. The reviews will address, as appropriate: 1. any lack of expected progress toward the annual goals and in the general curriculum, where appropriate: 2. the results of any reevaluation; 3. information about the student provided to, or by, the parents; or 4. the student s anticipated needs and other matters. When the IEP Must be in Effect: At the beginning of each school year the IEP must be in effect for each child with a disability. If a child is identified as needing special education services, districts will: 1. conduct a meeting to develop an IEP within 30 days of the child becoming eligible for special education and related services; and 2. provide the required services as soon as possible following the agreement to the IEP (See IEP Meeting Facilitation Checklist and IEP Meeting Agenda). Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-7

8 Student is Placed Out-of District: Rochester Public Schools: Total Special Education System Manual WHEN THE IEP MUST BE IN EFFECT STUDENT PLACEMENTS If the resident district places a student in an out-of-district placement, the resident district is still responsible to assure that an appropriate IEP is developed, that the student is placed in the least restrictive environment, and that due process procedures associated with these responsibilities are followed. It is the responsibility of the providing district, agency, or academy to implement the IEP, conduct periodic and annual review, convene and facilitate the IEP team meeting, and assure that the process procedures associated with these responsibilities are followed. The annual IEP must be developed jointly by the providing district, agency, or academy and resident district. The resident district may appoint a member of the providing district as its representative. Non-Public School Placement: Students who have disabilities that require special education services who have been parentally placed in a non-public school will have their services documented under an Individual Service Plan (ISP). The ISP will be developed, reviewed, and revised according to state and federal law. The school district maintains responsibility for compliance with the ISP. Rochester Schools has Procedural Safeguards for Nonpublic Students and ISP forms on the Student Support Services website: Transfer Students: Transfer within Minnesota: An IEP meeting should be held as soon as possible to review the existing IEP and make any appropriate revisions. The new IEP must be comparable to the child s existing IEP. The IEP manager is responsible for entering the IEP into Student Plans. A new evaluation is not required unless the student is due for a three-year reevaluation or the IEP team determines a new evaluation is needed. Transfer from another state: An IEP meeting should be held as soon as possible to review the existing IEP and to develop an evaluation plan. The student must be evaluated to determine if he/she meets initial Minnesota criteria for a disability. Parents written permission for the evaluation plan must be obtained. During the evaluation process, an IEP must be in place with services comparable to the services in the out-of-state IEP and entered into Student Plans. To facilitate the child s transition into the new district: The school will take reasonable steps to promptly obtain the child s records (IEP, ER, supporting documents) from the previously enrolled school. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-8

9 Rochester Public Schools: Total Special Education System Manual ACCESSIBILITY AND ACCOUNTABILITY OF IEPS Teachers: The IEP manager is responsible for assuring that all teachers and other staff responsible for implementing the IEP have access to the information in the IEP. Parents: The parent will receive a copy of the IEP at no cost. Parents must be afforded the opportunity to participate in meetings with respect to: 1. the identification, evaluation, and educational placement of the child; and 2. the provision of FAPE. Rochester Public Schools: Total Special Education System Manual PARENT INVOLVEMENT AND CONSENT Parent Attendance at IEP Meetings The parents of a child with a disability will be afforded an opportunity to participate in meetings when teams are making decisions regarding: 1. the identification, evaluation, and educational placement; and 2. the provision of FAPE. Districts will take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including: 1. notifying parents of the meeting early enough to ensure that they will have the opportunity to attend; and 2. scheduling the meeting at a mutually agreed upon time and place. (See Notice of Procedural Safeguards Brochure later in this Chapter). Districts will provide notice to ensure that parents have the opportunity to participate in meetings. The notice will: 1. indicate the purpose, time and location of the meeting and who will be in attendance; and 2. for a student 14 years or older, indicate that the purpose of the meeting will be the consideration of postsecondary goals and transition services for the students; and, invite the student and other agency representatives. Parents have the right to bring anyone of their choosing to accompany them to the meeting. Parent Involvement in Placement Decisions School districts will ensure that a parent of a student with a disability participates in the decision-making process of the education and placement of their child. If neither parent can participate in the meeting, the district will use other methods to ensure their participation including individual or conference telephone calls or video conferencing. The district must take action to ensure that the parent(s) understands the proceedings of the IEP team meeting including arranging for an interpreter. A placement decision may be made by a group without the involvement of a parent if the district is unable to obtain the parent s participation in the decision. The district must have a record of its attempts to ensure their involvement. A meeting may be conducted without a parent in attendance if the district is unable to convince the parents they should attend. The district must keep a record of its attempts to arrange a mutually agreed on time and place. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-9

10 Parental Consent Consent means that the parent has been fully informed of all information relevant to the activity for which consent is sought. The parent understands and agrees in writing to the carrying out of the activity. Parental consent is voluntary and may be revoked at anytime. If a parent revokes consent, it is not retroactive. Parental consent is required before the initial evaluation of a child. A district may not override the written refusal of a parent to consent to an initial evaluation or reevaluation. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-10

11 Rochester Public Schools: Total Special Education System Manual REINSTATEMENT OF SPECIAL EDUCATION SERVICES Students who are discontinued from all special education services may be reinstated within 12 months without two prereferral interventions or a new evaluation if: 1. data on the student s PLEP are available; and 2. an evaluation has been conducted within three years. Please note- the recommended practice would be to propose a new evaluation if such a situation arises. Granting a High School Diploma Students receiving special education can graduate through credit requirements or through the IEP process. The student will be granted a high school diploma that is identical to the diploma granted to a student without a disability. Rochester Public Schools: Total Special Education System Manual Documentation DUE PROCESS CONSIDERATIONS: INDIVIDUALIZED EDUCATION PROGRAM (IEP) This section provides an overview of the steps and procedures involved in conducting an IEP meeting. STEP 1- SCHEDULE THE IEP TEAM MEETING A MUTUALLY ACCEPTABLE TIME AND PLACE WITH INPUT FROM THE PARENT(S)/GUARDIAN(S) AND OTHER TEAM MEMBERS INCLUDING THE FOLLOWING PARTICIPANTS: 1. a representative of the district who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities, is knowledgeable about the general curriculum, and is knowledgeable about the availability of resources; 2. at least one regular education teacher, if the student receives regular education. The regular education teacher should be present, as appropriate to participate in key decisions related to regular education. 3. at least one special education teacher (or service provider). This should be the person who will most likely be responsible for implementing the IEP. 4. an individual who can interpret the instructional implications of the evaluation results. This may be an additional member (i.e., school psychologist) or a standing member (special education teacher). 5. the student's parent(s) or guardian(s); 6. the student, if appropriate; 7. a person of the same minority or cultural background, if appropriate; 8. agency representative for transition, when appropriate; 9. other individuals at the discretion of the parent(s)/guardian(s) and/or district; 10. a representative of parochial or private school (if the student is enrolled in such); 11. resident district or "out of district" representatives (when appropriate). NOTE: The revised regulations clarify that the IEP team shall include at the discretion of the parents or the agency, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate. A new paragraph has been added to the regulations to clarify that the knowledge or special expertise of any of these individuals shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP team. Parents cannot deny district the right to invite another individual who has relevant knowledge or expertise. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-11

12 STEP 2- CONDUCT THE IEP MEETING 1. Develop an agenda for the meeting 2. Provide parents with copy of Procedural Safeguards 3. Discuss the components of the Individualized Education Program (IEP) form with the team members. This includes: A. Assuring student and guardian information is correct B. Determining effective dates of IEP C. Progress Reporting- remember progress reports should be written reports provided to parents at least as often as general education students receive D. Extended School Year consideration- please see the ESY section later in this chapter E. Special Education Services (service, location, frequency, dates) F. Least Restrictive Environment (LRE) explanation, including discussion about extracurricular activities G. Present Level of Educational Performance statement H. District and Statewide Testing Accommodations I.? J. Annual Goals and Objectives K. Supplemental Aids and Services L. Program Modifications M. Assistive Technology N. Special Considerations O. Secondary Transition Planning P. Secondary Transition Services STEP 3- FOLLOWING THE IEP MEETING: 1)Utilizing input from IEP Team Members at the IEP meeting, write the finalized IEP 2)Obtain the parent(s)/guardian(s) response to the proposed IEP. A. Send the finalized IEP and Prior Written Notice to the parent(s)/guardian(s) for signature. 1. If the parent(s)/guardian(s) agrees on and signs the Prior Written Notice, proceed with the proposed action. Services cannot begin on an initial IEP until the parent(s) /guardian(s) consent is given. The date that the parent provides signed permission the prior written notice is the effective date of the IEP. If this is an annual IEP and a written response is not received within 14 calendar days and you have made reasonable attempts/efforts to obtain consent (see Reasonable Efforts to Obtain Parent Permission for guidelines), proceed with proposed action. 2. If the parent(s)/guardian(s) does not agree with the proposed IEP, immediately contact your special education supervisor for further direction. The next step may include conciliation, mediation, or a facilitated IEP. B. In the event that a parent makes a request for a change to the proposed IEP and the team does not agree with that parental request, a Prior Written Notice form should be completed and sent to the parent(s)/guardian(s) with the Notice of Procedural Safeguards. You should also contact your special education supervisor. 1. If the parent(s)/guardian(s) agree with the content of the notice, proceed with the proposed action. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-12

13 2. If the parent(s)/guardian(s) do not agree with the content of the notice, immediately contact you special education supervisor. The next step may include conciliation, mediation, or a facilitated IEP. 2. Provide copies of the finalized IEP to: A. parent(s) and/or guardian(s), B. resident school district, if appropriate C. Service providers and team members as needed* *Staff must have access to, and be informed about, the student's IEP. IDEA Regulations provide that each regular and special education teacher and service provider responsible for implementing a student's IEP must: (1) have access to the student's IEP; and (2) be informed of his or her specific responsibilities under the IEP, and of the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. The student s IEP should be: A. implemented as soon as possible after parent(s)/guardian(s) permission is obtained. B. continuous from one school year to the next. NOTE: Services provided to an eligible student must address all of the student's special education and related services needs, and be based on the identified needs of the student, and not simply the student's disability category. INDIVIDUALIZED EDUCATION PROGRAM (IEP) ANNUAL REVIEW An IEP Team meeting must be held on at least an annual basis in order to write a new IEP. Follow the same procedures as for the initial IEP meeting. PARENT INVOLVEMENT IN THE IEP MEETING Parents are required members of the IEP team and the IEP manager should take steps to make assure one or both parents are present for every IEP meeting. In the event a parent is unable to attend a meeting, the IEP manager should use other methods to ensure their participation including written input or phone calls. A meeting may be held without the parents in attendance if the IEP manager has a record of multiple attempts to arrange a mutually agreed upon time and place for the meeting. Records of 3 attempts should be documented and kept in the student s special education file. Examples of these attempts include: 1. detailed records of telephone calls made or attempted and the results; 2. copies of correspondence and any responses; 3. detailed records of visits made to the parents' home or place of employment and the results of those visits. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-13

14 Rochester Public Schools: Total Special Education System Manual Documentation IEP MEETING FACILITATION CHECKLIST Student s Name Date District/School Case Manager 1. Necessary Due Process Requirements: Send Notice of Team Meeting form (the meeting must be conducted at least 14 calendar days prior to the annual IEP date) Make at least 3 attempts to contact parents regarding mutually agreeable time and location prior to holding the IEP meeting If parents can t attend determine if other methods are feasible (i.e., phone conference meeting) 2. Before the Meeting: Ensure required personnel attend the meeting, including: Parent/guardian, Special education teacher, Regular education teacher(s), School district representative, Other service providers (if needed), Student (if appropriate), Parent selected team member (optional) *If a required team member is unable to attend, the IEP manager must contact the parent as soon as possible to inform the parent to obtain their permission for the team member to be absent. At or prior to the IEP meeting, obtain parent signature of approval on the Agreement Regarding IEP Team Member Attendance Reserve a room that is free from outside distractions and provides ample room for all team members to sit and space to take notes. Provide copies of all relevant reports and forms (Evaluation Summary, draft IEP) Assign a note taker for the meeting Write meeting agenda 3. Conducting the Meeting: Welcome parents and provide them a copy of their parental rights (discuss for initial IEP). Have meeting members introduce themselves and their relationship to the student. Provide members a copy of an agenda. Set time parameters. Provide parents with draft copy of IEP. Inform parents that it is a draft of the IEP and that input will be gathered from all team members prior to finalizing the IEP. IEP meeting agenda includes the following: Assuring student and guardian information is correct Determining effective dates of IEP Progress Reporting- remember progress reports should be written reports provided to parents at least as often as general education students receive Extended School Year consideration- please see the ESY section later in this chapter Special Education Services (service, location, frequency, dates) Least Restrictive Environment (LRE) explanation Present Level of Educational Performance statement District and Statewide Testing Accommodations? Annual Goals and Objectives Supplemental Aids and Services Program Modifications Assistive Technology Special Considerations Secondary Transition Planning Secondary Transition Services Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-14

15 Additional Tips for Conducting the Meeting Stay student focused Give consideration to all parent requests, however, make decisions based on data, professional experience, and the consensus of the team Stick to the agenda and timelines Stay positive and focus on the student s present and future needs 4. Concluding the Meeting: Inform parents that the notes from the meeting will be incorporated into the IEP. Recap the services being offered and check to see if the parents understand and agree to IEP team decision. Encourage the parent to review the IEP upon receiving it and call the IEP manager if they have questions. Inform parents that Prior Written Notice will be sent home with the IEP and that it will need to be signed and returned prior to the student receiving services. Thank all team members for coming in and taking the time to meet. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-15

16 Rochester Public Schools: Total Special Education System Manual Documentation EXAMPLE OF IEP MEETING AGENDA (OPTIONAL) 1. Introduction of Team Members: Date of Meeting: 2. Overview of Student Strengths 3. Comments, Questions, Educational Concerns from Team Members 4. Discuss Present Levels of Performance 5. Identify Educational Needs of the Student 6. Identify Goals and Objectives (include discussion of progress on current goals if appropriate) 7. Adaptations-Supplemental Aids and Services, Program Modifications, Assistive Technology, and Special Considerations Discuss the need for BIP and Specialized Transportation if appropriate Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-16

17 8. Discuss Special Education and Related Services 9. Identify Least Restrictive Environment (LRE) for the student Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-17

18 10. Extended School Year 11. Plan for Progress Reporting 12. State and District-wide assessments 13. Summary: Review decisions made Review responsibilities Set future meeting date (if needed) Thank team members for attending MEMO REGARDING IEP TEAM MEMBER ATTENDANCE Rochester Public Schools Independent School District th Street SW Rochester, Minnesota Office of Student Support Services / FAX Memorandum To: Special Education Staff, Building Administrators, District Administrators From: Cory McIntyre, Director of Student Support Services Date: Subject: IEP Meeting Participants and Excusal Congress reauthorized the Individuals with Disabilities Education Act (IDEA) in In doing so, Congress made numerous changes to the federal law which governs the provision of special education. Those changes took effect on July 1, The U.S. Department of Education has Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-18

19 recently published final regulations that make additional changes to the law. The regulations took effect on October 13, The Minnesota Department of Education (MDE) decided to wait until the final regulations were issued before making any sweeping changes to Minnesota law. We expect MDE to propose changes to Minnesota law sometime this coming winter for public comment and possibly having the changes in finalized by spring/summer of Here is a review of the now existing federal law and existing Minnesota Law rules that apply to required IEP Team members, absence of IEP team members, and excusal of IEP team members: A. Required IEP Team Members. Under IDEA 2004 and Minnesota law, the IEP team is composed of the following: 1. the student s parents; 2. not less than one regular education teacher; 3. not less than one special education teacher or provider; 4. a representative of the school district who is qualified to provide, or supervise the provision of, special education services, who is knowledgeable about the general education curriculum; and who is knowledgeable about the availability of resources of the district; 5. an individual who can interpret the instructional implications of evaluation results; 6. at the discretion of the parent or the district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and 7. whenever appropriate, the child with a disability. 34 C.F.R ; Minn. R , subp. 1(B). B. Absence of IEP team members. IDEA 2004 states that the regular education teacher, the special education teacher, the district representative, and/or the individual who can interpret the evaluation results shall not be required to attend an IEP meeting, in whole or in part, if the parent and the district agree in writing that the person s attendance is not necessary because the person s area of the curriculum or related services is not being modified or discussed in the meeting. 20 U.S.C. 1414(d)(1)(C)(i); 34 C.F.R (e)(1). C. Excusal of IEP team members. IDEA 2004 provides that the regular education teacher, the special education teacher, the district representative, or the individual who can interpret the evaluation results may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member s area of the curriculum or related services if: (a) (b) the parent and the district consent in writing to the excusal, and the member submits to the parent and the IEP team written input into the development of the IEP prior to the meeting. 20 U.S.C. 1414(d)(1)(C)(ii) (2004); 34 C.F.R (e)(2). District Practice Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-19

20 As of November 12, 2006 our district practice will be to allow for IEP teams to determine with parents to the absence/excusal of specific IEP team members as described above in items B and C. Here are Guidelines for implementation: 1. An IEP team member shall not be required to attend an IEP meeting, in whole or in part, if the parent and the district agree in writing that the person s attendance is not necessary because the person s area of the curriculum or related services is not being modified or discussed in the meeting. Attached is the form IEP Member Attendance Form that must be used to excuse an IEP team member from the IEP team meeting. Only one name per form is to be used. 2. An IEP team member may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member s area of the curriculum or related services if: (a) (b) the parent and the district consent in writing to the excusal, and the member submits to the parent and the IEP team written input into the development of the IEP prior to the meeting. 3. As a District practice, the District Representative is NOT to be excused from the meeting. The District Representative is the Building Principal or their designee. The Building administrator is responsible for designating/choosing who the District Representative will be in the event in the event the Building Principal cannot attend. The person who is acting as the District Representative will need to be able to make decisions required of the District Representative which is to provide, or supervise the provision of, special education services, who is knowledgeable about the general education curriculum; and who is knowledgeable about the availability of resources of the district. If the District Representative is asked to allocate resources that they are not comfortable agreeing to, the District Representative should not agree to the request and should wait to make the decision on the table until consultation can occur with the Building Principal and/or Student Support Services Supervisor. IEP teams should anticipate meetings that may require difficult decisions regarding resources and make every effort to make sure an appropriate District Representative can attend. 4. It is recommended that the case manager arranges this at the time of scheduling the meeting whenever possible to avoid misunderstandings. The form can be send home with the IEP Meeting Invitation. The form can also be completed at the meeting if the parent and IEP team are in agreement. If either side is not in agreement, the meeting should be rescheduled for a time when all the required IEP team members can be present. Common Questions and Answers 1. Who may be excused from an IEP meeting if the parent provides written consent? Any of the IEP team members may be excused with the parent's written consent if: (1) the excused team member's content area is not be discussed or modified at the meeting; or (2) the excused team member has provided written input into the IEP before the meeting, or has provided verbal input into the IEP at the meeting and before being excused. However, As a District practice, the District Representative is NOT to be excused from the meeting. 2. May required IEP members be excused if the parent provides written consent? Yes, pursuant to the written agreement that has been provided, any IEP team member may be excused (with the exception of the District Representative) with the parent's written consent, including the general education teacher, the regular education teacher. This form should also be used if a required IEP team member attends only Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-20

21 a part of the IEP meeting and leaves early. Of course, the form should not be abused in a manner that would excuse so many team members as to make the meeting meaningless. 3. If three general education teachers are invited to an IEP meeting by being listed on the Notice of Team Meeting, do they all need to attend, or does only one need to attend? How about related service providers? The short answer is that only one general education teacher needs to attend the meeting regardless of how many are listed on the Notice of Team Meeting. The same answer holds true for related service providers. However, there are some nuances to this issue and a longer, more detailed answer is set forth below. To reiterate, only one general education teacher needs to attend an IEP meeting regardless of how many are listed on the Notice of Team Meeting. However, there is a potential risk to listing individuals on a Notice of a Team Meeting when you know they will not be attending. Under the new federal regulations, a school district must notify parents of an IEP meeting and the notice must indicate (among other things) who will be in attendance. If the Notice of Team Meeting invites every possible person who may attend, it may be considered misleading to the parent, who could reasonably interpret the Notice to mean that all persons who are invited will be attending. Thus, the better practice is to identify individual staff members who will attend before sending out the notice. The district is required to invite only the essential members of the IEP team--that is, (1) the parents; (2) the child when appropriate; (3) at least one regular education teacher if the child is or may be participating in the regular education environment; (4) at least one special education teacher of the child or one special education service provider; (5) a district representative; (6) an individual who can interpret the instructional implications of evaluation results (this may be someone who is already a member of the team); and (7) at the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. Thus, generally, the District is required to invite only one general education teacher to a meeting. Of course, there are times when a school district will want to exercise its discretion to invite one or more additional staff members to come to the IEP meeting because the staff members have particular knowledge or special expertise regarding the child. For example, if a team is working with a child who has complex or rapidly changing needs, the team may benefit from having additional individuals (such as additional related service providers) attend the meeting. Additionally, there will be some cases when a related service provider or a particular general education teacher has a strong relationship with the parent that can inure to the benefit of the team. 4. Should the District use a different form for each team member who is excused, or may the District use one form to excuse multiple team members? The form has been designed to excuse only one team member per form. We want to avoid getting into situations where the "IEP meeting" becomes nothing more than a meeting between the parent and the IEP manager, which is not acceptable. Please contact your Student Support Services Supervisor with any questions regarding the contents of this memo. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-21

22 Rochester Public Schools: Total Special Education System Manual Documentation EXAMPLE: AGREEMENT REGARDING IEP TEAM MEMBER ATTENDANCE INDEPENDENT SCHOOL DISTRICT NO. 535 ROCHESTER PUBLIC SCHOOLS ROCHESTER, MN AGREEMENT REGARDING IEP TEAM MEMBER ATTENDANCE A. Content Area of Excused Member Will Not Be Discussed or Modified at IEP Meeting The District and the Parent voluntarily consent and agree that team member does not need to attend the IEP meeting on, in whole or in part, because his/her area of the curriculum or related services is not being modified or discussed during the meeting. The District and the Parent further agree that the identified team member s absence or excusal from the meeting will not: (1) impede the child s right to a free appropriate public education; (2) significantly impede the Parent s opportunity to participate in the decision-making process regarding the provision of a free appropriate public education; or (3) cause a deprivation of educational benefit. Finally, the District and the Parent agree that no person has unduly influenced or pressured the Parent to sign this form. Parent s Signature Date District Representative s Signature Date B. Content Area of Excused Member Will Be Discussed or Modified at IEP Meeting The District and the Parent voluntarily consent and agree that team member is excused from attending the IEP meeting on, in whole or in part, because he/she has provided or will provide the IEP team (including the parent) with the following: written input into the IEP before the meeting; or verbal input into the IEP during the meeting and before being excused. The District and the Parent further agree that the identified team member s absence or excusal from the meeting will not: (1) impede the child s right to a free appropriate public education; (2) significantly impede the Parent s opportunity to participate in the decision-making process regarding the provision of a free appropriate public education; or (3) cause a deprivation of educational benefit. Finally, the District and the Parent agree that no person has unduly influenced or pressured the Parent to sign this form. Parent Signature Date District Representative s Signature Date Instructions For Completing This Form A. Content Area Not Discussed or Modified: The Parent and the School District may agree to excuse an IEP team member from attending an IEP meeting if the member s attendance is not necessary because the member s area of curriculum or related service is not being modified or discussed at the meeting. Insert the name and title of the excused member (e.g., Jane Doe/Regular Education Teacher) and the date of the IEP meeting. The Parent and the Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-22

23 District representative must each sign and date the agreement. The IEP team generally should not use Section A of the form to excuse IEP members from attending the annual IEP meeting. B. Content Area Discussed or Modified: The Parent and School District may consent to excuse an IEP team member from attending an IEP meeting if the member s area of curriculum or related service is being modified or discussed at the meeting, provided that the member either submits input in writing to the IEP team before the meeting or provides verbal input during the meeting and before being excused. List the name and title of the excused team member (e.g., Jane Doe/Regular Education Teacher) and the date of the IEP meeting. The Parent and the District representative must each sign and date the agreement. REQUIRED CONTENT OF THE IEP All students with disabilities will be provided specialized instruction and services which are appropriate to their needs. An individual education plan will be developed to address the student s needs. Types of IEPs: Initial IEP: After eligibility has been determined and the student qualifies for special education service, the first IEP developed is considered to be the initial IEP. Annual IEP: After initial placement has been made, the annual IEP is the plan that is developed no later than once annual year for each year the student receives special education services. Rochester Public Schools Total Special Education System Manual Chapter 4: IEP/IFSP Planning Standards 4-23

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