DUE PROCESS
ESSENTIALS
WHAT DO NEW TEACHERS
NEED TO KNOW?
Due Process Essentials – August 2013
1
COMMON IEP PROBLEMS
In the 2010-2011 school year MDE
completed a compliance review in
the district. They found some
systemic problems that need to be
addressed. We will highlight these
issues and other common problems
as we go through the presentation
today.
Due Process Essentials – August 2013
2
UPCOMING MDE REVIEW
This year we are responsible to complete
a self-review in preparation for an on-site
compliance review by MDE scheduled for
the 15-16 school year. We are hoping that
the problems in the past will not be
problems in the future.
Due Process Essentials – August 2013
3
CITATIONS AND COMMON ERRORS
(MDE CITATION AREAS ARE UNDERLINED)
 Required
Team Members- Excused Absences
 PLAAFP (Present Level of Academic Achievement
and Functional Performance)
 Goals and objectives
 Special Education and related services
 Adaptations/modifications
 Progress Reviews
 Annual Review of IEP
 LRE
 Prior Written Notice
 Timelines
Due Process Essentials – August 2013
4
FREQUENTLY ASKED QUESTIONS
In New Teacher Workshop, we talked about
available resources. We will be referencing
many FAQs and TIP SHEETS as we walk
through this presentation. These are stored on
the flash drive you were given.
Due Process Essentials – August 2013
5
PROCESS FOR TEAM MEMBERS
 When
you send out a Team Meeting Notice,
make sure you identify each required member.
 The Team Meeting Notice sign in sheet
provides a spot for excusals. See FAQ 3b.
Due Process Essentials – August 2013
6
TIMELINES FAQ 5
As a case manager, you are the one who is
responsible for managing timelines. Let’s walk
through the FAQ.
Link to FAQ
Due Process Essentials – August 2013
7
TIMELINES
 It
is required that the annual IEP meeting is
held on or before the date of the previous
annual IEP meeting.
If there is a situation that requires more than one
meeting, it is the date of the first meeting that is
considered the annual IEP meeting date.
 Example, if the previous IEP meeting was held on
10/1/2012, the team must meet on or before
10/1/2013.

Due Process Essentials – August 2013
8
TIME FOR A “HANDS ON” LOOK AT YOUR FILE
Individually, review one of your
files to determine if all of the
components in the Background
Information and Dates section of
your File Review Checklist.
Due Process Essentials – August 2013
9
DESCRIPTION OF CHILD:
PRESENT LEVEL OF OF ACADEMIC ACHIEVEMENT AND
FUNCTIONAL PERFORMANCE AND NEEDS (PLAAFP)
Trivia Question: Before it was PLAAFP- what was it?
Answer: Present Level of Educational Performance (PLEP)
Trivia Question: And before that?
Answer: Present Level of Performance (PLOP)
Trivia Question: How about next year?
Answer: Could be POOP, POP, PEEP…
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10
DESCRIPTION OF THE CHILD:
Red indicates common omissions


Should be a description of present level of performance
and educational needs
Essential Components
 Statement of how child’s disability affects
involvement and progress in the general ed.
classroom
 If the child is a preschool student, the PLAAFP must
describe how the child’s disability affects his or her
participation in appropriate activities.
 Current testing/evaluation results


This should NOT be a cut and paste of the ESR.
Performance on State and District Assessments
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11
DESCRIPTION OF THE CHILD
Red indicates common omissions

Essential Components (cont).
 Current data on classroom performance including
grades
 Current progress on goals and objectives including
growth or lack of from previous IEP.
 Functional Performance in the school setting
 Academic, developmental and functional performance
 Parent and Teacher Comments or concerns
 All areas of concern addressed including transition for
Secondary (we will talk more about secondary later)
 Educational Needs related to the disability
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12
AND … INFORMATION ABOUT STANDARDS!
 The
most recent requirement is information
about the grade level Standards!
 You were provided the required information in
the Standards Based IEP training on the 24th &
26th of September.
Due Process Essentials – August 2013
13
COMMON QUESTION
Red indicates common omissions
Q. Do we have to address every area?
A. No and Yes



For elementary students- No. You must address every area
where there is a special education concern.
For High School students- Yes. You must address each of
the five areas of transition. Transition must be addressed by
the end of grade 9, or following the ESR that addresses
transition, and yearly thereafter!
For all students K-12 it is necessary to address the
Progress and Participation in the General Ed curriculum
AND the Functional Performance in the school setting.
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14
DESCRIPTION OF CHILD
COMMON PROBLEMS







PLAAFP does not establish a baseline of
information
PLAAFP is copy/paste from recent evaluation
Inclusion of old evaluation information- in
general, evaluation data over a year
PLAAFP is the same as last year
Educational Needs are not identified
No statement of how child’s disability
affects involvement and progress in the
general ed. classroom
No statement of the functional skills
within the school setting.
Due Process Essentials – August 2013
15
TIME FOR A “HANDS ON” LOOK AT YOUR FILE
Individually, review one of your
files to determine if all of the
components in the section of
your File Review Checklist on
Standards Based IEPs PLAAFP.
Due Process Essentials – August 2013
16
GOALS/OBJECTIVES
FAQ 3F AND 3G
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17
GOALS:
COMMON PROBLEMS
 Goals
do not flow from need
 The “from/to” is vague or not measurable
 Goal does not identify a clear baseline (% of
time or # of trials)
 Goal covers too broad an area
 Objectives do not flow from goal
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18
WHEN WRITING A GOAL, YOU MUST:
•
•
•
Tie it directly to the needs outlined in
the description of child
You should only have goals where you
have attached direct services for that
student- do not expect that students
will learn the skills without direction
There must be a minimum of two
objectives for every goal
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19
SMART IEP GOALS & OBJECTIVES
Specific
 M Measurable
 A Use of Action Words
 R Realistic and relevant
 T Time-limited (not to exceed one
year)
S
Authors Pete & Pam Wright SMART IEPs Wrightslaw
Due Process Essentials – August 2013
20
WHEN WRITING A GOAL, YOU
MUST INCLUDE:
•
Direction of change
•
•
•
•
•
•
Maintain
Increase
Decrease
Skill/behavior to be changed
Present level (from)
Expected ending level (to)
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21
WHERE DO WE GO WRONG
WITH GOALS?
 Not
clear
 Is not measurable
 Does not have “to” or “from”
 Does not define the student’s skill or behavior
 Is too broad
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22
DOES THE GOAL PASS THE “STRANGER” TEST?
The “stranger” test refers to goals and
objectives for students that are described in a
fashion that a person unfamiliar with the
student could read the description and
understand it. If someone does not know the
student or the typical behavior, will they know
what the goal is- just by reading it?
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23
BUT- WHAT ABOUT A STUDENT WHO WILL BE
WORKING ON A WIDE RANGE OF SKILLS…
 Write
more goals- don’t try to put them all
in one or
 Instead of determining the end level of
accuracy- phrase the goal in terms of the
need for support… for example “Student
will progress from requiring physical
assistance when …. to requiring only
verbal cuing.”
Due Process Essentials – August 2013
24
OR TRY USING A RUBRIC
Consider this goal: Student will improve
paragraph writing skills progressing
from a paragraph with unclear supporting detail
with little organization or facts and incomplete
sentence structure with multiple grammatical and
spelling errors
 to writing a paragraph with organized details and
supporting facts and with well constructed
sentences with no errors in grammar or spelling.

When you read this it can be confusing, even
though it meets criteria.
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25
In a case like this, adding the rubric to the IEP may be helpful
in defining the goal.
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IF YOU USE THE RUBRIC THE GOAL MIGHT READ…
The student will improve paragraph writing
skills progressing from a level considered
basic or below standards on the attached
rubric to a proficient or outstanding level in
all five of the subareas.
Due Process Essentials – August 2013
27
QUICK REVIEW: WHEN WRITING OBJECTIVES, YOU
MUST INCLUDE THE FOLLOWING:
Conditions
for evaluation
Skill/behavior to be performed
Evaluation criteria and
procedures for attainment
Due Process Essentials – August 2013
28
EXAMPLES (CONDITIONS, SKILL, EVALUATION)



Given an object priced under $25.00, Student will
combine coins and bills to pay for the object with 75%
accuracy 3 out of 4 trials as measured by special
education staff.
After reading a story or article from instructional level
material, Student will complete an outline which
includes the topic, main ideas and details 2 out of 3
times, evaluated by completion of graphic
organizers.
Given an assignment and classroom work time,
Student will begin working on the assignment within
two minutes and will work steadily during work time
80% of the time as measured by teacher
documentation.
Due Process Essentials – August 2013
29
TIME FOR A “HANDS ON” LOOK AT YOUR FILE
Individually, review one of your
files to determine if all of the
components in the section of
your File Review Checklist on
Goals and Objectives.
Due Process Essentials – August 2013
30
DETERMINING PROGRESS
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31
HOW OFTEN DO YOU NEED TO COLLECT DATA?
Often enough to notice trends and
make data-driven decisions in the
classroom.
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32
Adaptations,
Services, LRE
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33
ADAPTATIONS -ACCOMMODATIONS
Accommodations DO NOT alter or lower
performance standards or instructional
expectations.
Examples of Accommodations
 teaching strategies
 test presentation and location
 timing
 scheduling student responses
 environmental structuring
Due Process Essentials – August 2013
34
ADAPTATIONS = MODIFICATIONS
Modifications DO alter or lower performance
standards or expectations.
Examples of Modifications
 significantly altered materials
 modified curriculum
 modified rigor/standards
 alternate assessment
 alternative grading system
Due Process Essentials – August 2013
35
ADAPTATIONS SHOULD INCLUDE:









General changes in instructional delivery
Accommodations or modifications to curriculum
Alternate curriculum
Special instructional strategies
Roles/responsibilities of Paraeducators
Define what tasks or personal cares the paraeducator
does for the student (3rd Party Billing)
Equipment needed by student
Assistive Technology needed by student
Any specialized training required by staff
Due Process Essentials – August 2013
36
ADAPTATIONS- COMMON PROBLEMS
 Do
not address a student’s identified
needs
 Use terms like “may”
 Appear to be a “laundry list” of “good to
haves” rather than needs related to the
disability.
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37
ADAPTATIONS/MODIFICATIONS
 Use

calculator?
if the student does not have concerns in the area of
math- why would we allow him to use a calculator?
If we allow all students to use calculators- why
would we put it in the IEP?
 Tests

read?
If the student does not have a reading disability,
why would we allow him to have tests read?
Due Process Essentials – August 2013
38
ADAPTATIONS/MODIFICATIONS
 Shortened

if the student does not have concerns with
completing assignments in a timely manner, or if he
does not struggle with assignments, why would we
have this adaptation?
 Will

Assignments?
need test read?
Why would we read the test? If the student asks, if
it is new material, if student is exhibiting signs of
frustration?
Due Process Essentials – August 2013
39
ACCOMMODATIONS FOR STATE TESTING
Please remember that you may not determine the
need for an accommodation on State Testing if
that accommodation is not used for that student
at other times.
Due Process Essentials – August 2013
40
SPECIAL EDUCATION SERVICES
Services reflect identified needs
 Service areas are specific
 Reading
 Communication
 Behavior Support
 Minutes are specific
 Direct and Indirect minutes are defined

Due Process Essentials – August 2013
41
PARA-EDUCATOR SERVICES
The para-educator roles and
responsibilities must be identified. If
the student is eligible for third party
billing in this area, the roles must be
identified quite specifically in the
adaptation area.
Due Process Essentials – August 2013
42
READ MY LIPS: NO 1-1!
 Please
remember that we do not use the wording
1:1 para-educator. Parents understand this to
mean that one adult is with the child at all times
and works only with this child.
 Other ways to describe this are to say


Student needs to be monitored by an adult at all times
for safety…
Student needs adult support in general education
classes…
Due Process Essentials – August 2013
43
LEAST RESTRICTIVE ENVIRONMENT
If a student is not able to participate full time
with students without disabilities in the regular
classroom and in extra-curricular and nonacademic activities, provide a statement
explaining the extent of non-participation and
identify why the student’s instructional needs
cannot be met in the general education setting.
The LRE must also identify what the student will
be missing from the general education setting
when he/she is pulled out.
See your tip sheet for some examples.
Due Process Essentials – August 2013
44
LRE COMMON PROBLEMS
•
•
Services do not match when the student is
not participating in the regular ed.
setting.
Most commonly, staff have forgotten to
identify pull out speech services
Due Process Essentials – August 2013
45
TIME FOR A “HANDS ON” LOOK AT YOUR FILE
Individually, review one of your
files to determine if all of the
components in the section of
your File Review Checklist on
Accommodations and
Miscellaneous.
Due Process Essentials – August 2013
46
WRITING EFFECTIVE
IEP’S TO INTERNAL
CONSISTENCY
Due Process Essentials – August 2013
47
INTERNAL CONSISTENCY
Essentially means that the parts of the
IEP work together to paint a picture of
the child and their educational program.
An IEP with internal consistency will flow
from one area to another, building upon
the previous area.
As we briefly review the sections of the
IEP- think about how one section builds
on the previous.
Due Process Essentials – August 2013
48
INTERNAL CONSISTENCY
The Description of Child section must set
the stage by providing information on what
the student is doing now. It is the first of our
building blocks for internal consistency:
_____ Strengths
_____ Needs related to disability (this is the building
block for goals/objectives and accommodations)
_____ Parent concerns
Due Process Essentials – August 2013
49
INTERNAL CONSISTENCY
As you address:
 How the student’s disability affect progress
in the general education curriculumThink about the adaptations that will be needed.
 How
the PLAAFP establish a baseline of
information about the studentRemember that this should lead you right to the
“from” part of the goal.
Due Process Essentials – August 2013
50
INTERNAL CONSISTENCY
The Annual Goals section should build
directly upon the identified needs in the
Description of Child. As you write the goals,
continue to ask yourselfCan the student accomplish this in one year? Is
the goal☐ Related to disability
☐ Functional
☐ Measurable
Due Process Essentials – August 2013
51
INTERNAL CONSISTENCY
(Remembering the PLAAFP) Does the
goal…
☐ Address a need that the Student is not able
to do now?
☐ Does it address what the student will doto what level/degree?
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52
INTERNAL CONSISTENCY
Short Term Objectives/Benchmarks
are the third block
☐ Do the short-term objectives
define the steps to achieve
the goal?
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53
INTERNAL CONSISTENCY
The fourth block are Special Education
Services
☐ Do services address student needs
that were identified in the PLAAFP?
☐ Do services align with goals and
objectives?
☐ Are services appropriate?
Due Process Essentials – August 2013
54
INTERNAL CONSISTENCY
The fifth building block is the Adaptations
section:
Adaptations consist of both Accommodations
and Modifications
HOWEVERWe do not accommodate or modify if
there are not identified needs within the
Description of Child.
Due Process Essentials – August 2013
55
INTERNAL CONSISTENCY
Why would we read tests to students
if the student does not have an
identified need in the area of
reading?
Due Process Essentials – August 2013
56
INTERNAL CONSISTENCY
The sixth block is the Least Restrictive
Environment (LRE) To the maximum extent appropriate,
students with disabilities are educated in the general
educational environment with
the necessary aids and supports, along with
their non- disabled peers, unless the IEP
requires otherwise.
When you get to the LRE section there
should not be a surprise. It should
reflect an environment that compliments
the strengths and needs identified as well
as the accommodations the student will require.
Due Process Essentials – August 2013
57
PROGRESS REPORTS
The last block are Progress
Reports.
 By using data in progress reportswe can demonstrate conferred benefit
for the student.
 A lack of progress should trigger an IEP
meeting to discuss the concerns.
 Finally, we use this progress as part
of our first block in the next IEP.
Due Process Essentials – August 2013
58
BUILDING BLOCKS FOR
INTERNAL CONSISTENCY
Progress Review
Services
Modification/Adaptations
Least Restrictive Environment (LRE)
Short Term Objectives/Benchmarks
Annual Goals
Description of Child
Due Process Essentials – August 2013
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WHEN WE BUILD OUR BLOCKS WELL,
the results are:
Due Process Essentials – August 2013
60
STUDENT SUCCESS!
Due Process Essentials – August 2013
61
TIME FOR A “HANDS ON” LOOK AT YOUR FILE
Individually, review one of your
files to determine if there is
internal consistency in the IEP.
Due Process Essentials – August 2013
62
Prior
Due Process Essentials – August 2013
Written Notice
63
PRIOR WRITTEN NOTICE
QUESTION #1

Description of the action(s) proposed by the district:

ACCEPTABLE: As detailed in the IEP, the IEP team is
proposing that XXX receive his instruction in Reading,
English, Social Studies and Math in Essential Classes taught
by special education staff due to his learning disabilities in
Reading, Writing and Math. The IEP team is proposing
providing direct speech and language services as XXX
qualifies for and demonstrates a need in regards to his
expressive and receptive language needs.

NOT ACCEPTABLE: Refer to attached IEP.
Due Process Essentials – August 2013
64
PRIOR WRITTEN NOTICE
QUESTION #2

Explanation of why the district proposes to take the
action:

ACCEPTABLE: The team determined that XXX needs the
specialized instruction and support provided in the Essential
classes in order to successfully and effectively access his
education. Without that level of support, the team felt XXX
would struggle to be successful. The team also agreed that
XXX would benefit from speech and language services for
his language needs in order to develop the skills necessary
to be successful and actively involved in his environment.

NOT ACCEPTABLE: Annual IEP is due.
Due Process Essentials – August 2013
65
PRIOR WRITTEN NOTICE
QUESTION #3

Description of each evaluation procedure, test, record or
report the district used as a basis for the proposed
action:

ACCEPTABLE: The IEP team reviewed the most recent ESR
dated (1/1/10), XXX’s previous IEP, progress reports related
to the previous IEP and his progress on those goals and also
anecdotal information provided by his teachers at the IEP
meeting. The team also reviewed information shared by
both XXX and his mother in determining the most
appropriate program and services for him to achieve
success.

NOT ACCEPTABLE: previous reports and notes from
teachers (without more specific information, dates, etc. )
Due Process Essentials – August 2013
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PRIOR WRITTEN NOTICE
QUESTION #4
 Description
of any other options that the IEP team
considered and the reasons why those options
were rejected:

ACCEPTABLE: The team discussed if XXX should receive
more of his education in the general education setting
rather than the essential classes but rejected that as it
was determined that XXX required the support and
specialized instruction provided in that setting.

NOT ACCEPTABLE: No other options were rejected.
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67
PRIOR WRITTEN NOTICE
QUESTION #5
 Description
of any other factors affecting this
proposal:
ACCEPTABLE: The team agreed to keep the
components of the previous IEP in place until an
FBA is completed OR
 The team determined there are no other factors
affecting this proposal.


NOT ACCEPTABLE: not answering the question.
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ON LINE TOOLS/TUTORIALS







http://rubistar.4teachers.org/
http://www.rcampus.com/
http://www.teach-nology.com/web_tools
http://www.interventioncentral.org/
http://www.freeprintablebehaviorcharts.com/
http://www.specialconnections.ku.edu/cgibin/cgiwrap/specconn/index.php/
http://movies.atomiclearning.com/k12/home/
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QUESTIONS???
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70
BREAK INTO ELEMENTARY AND SECONDARY
GROUPS
 Elementary
staff will now work through and
review their second file.
 Secondary
staff will work with Tricia on the
Secondary Transition components.
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SECONDARY TRANSITION
 Minn.
Stat. § 125A.08 requires additional
documentation in the IEP that provides an
accountability framework for improving
secondary transition services and outcomes.
 This section has three components: desired postsecondary outcomes, anticipated courses of
study and other transition service(s) or activities
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DESIRED POST-SECONDARY OUTCOMES



The expectation is that by the end of grade 9, a student’s IEP team
discusses and develops a measurable post-secondary outcome that the
student hopes to reach post grade 12 or transition program. Progress
reporting is not required on an annual basis however the team needs to
continue to address and discuss this outcome on a yearly basis as it may
change from year to year.
The team should also use these outcomes to drive the annual goals and
services of the student.
Desired Post-Secondary Outcomes MUST be written in the areas of
education and employment. When appropriate, the team should also
develop one in the area of independent living.
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EXAMPLES OF APPROPRIATE MEASURABLE
POST-SECONDARY OUTCOMES
 After
graduation, Jamal will obtain a bachelor’s
degree in computer science.
 After graduation, Maria will pursue an internship in
the field of advertising while she attends postsecondary school part-time.
 After graduation, Danny will live in his own
apartment in an assisted living facility.
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EXAMPLES OF INAPPROPRIATE MEASUREABLE
POST-SECONDARY OUTCOMES
 After
graduation, Danny will participate in a
variety of indoor and outdoor leisure activities.
 After high school, Mia is unsure of what she
would like to do as a profession.
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ANTICIPATED COURSES OF STUDY
 The
IEP team needs to map out what courses a
student is going to take during the year the IEP
is developed for and one year beyond at a
minimum. (The team could map out all four
years if appropriate)
 These courses of study should directly relate to
the child’s post-school outcomes.
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76
School Year
Grade Level
Courses
2013-2014
9
Business Basics, Math Basics, Reading Essentials, Adapted PE,
Environmental Science, Current Events
2014-2015
10
Business Basics, Consumer Math, Readings and Literature
Citizenship, Speech and Drama, Social Skills, Specially Designed
Employability Skills, Family Living
2015-2016
11
English for Work, Math for the World of Work, Specially Designed
Communications, Specially Designed Daily Living Skills, Graphic
Design
2016-2017
12
Specially Designed Communication and Writing Skills, Essentials of
Business Operations, Computer Applications, Work Based Learning
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OTHER TRANSITION SERVICE(S) OR
ACTIVITIES
 Transition
services must specifically address
postsecondary goals and sufficiently enable
the child to advance appropriately toward
attaining their postsecondary goals.
 An activity can be done in collaboration with
other participating agencies, including the
student and family, and may not require
specialized instruction.
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Other Agency Responsible
Service
Activity(s)
Activities that are bold require
an annual goal
Instruction:
Participate in Business Basic class
Regular Education
-Improve reading skills
-Improve writing skills
-Improve social skills and self-determination
skills
Special Education, Related Services
Community Experiences:
-Acquire a state ID
-Visit a Work Force Center
-Visit Hennepin Technical College and meet
Disability Coordinator
Vocational Rehabilitation, MnSCU
Disability Coordinator
Related Services:
-Complete application for county support and
vocational rehabilitation program
County Social Worker, Vocational Rehabilitation
Services
Special Education, Related Services
Improve Communication skills
The development of employment and
other post school adult living
objectives:
Memorize social security number
Work-based Learning
Learn pre-employment skills
Work-based Learning
If appropriate, acquisition of daily living skills
and provision of a functional vocational
evaluation:
-Develop a personal fitness routine
Student, General Education
-Complete a vocational evaluation
Student, Vocational Rehabilitation Services
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