Compliance FAQ - Shelby County Schools

Department of Exceptional Children
February 20, 2012
Questions are written as received from participants at the
2/10/12 compliance training.
 Will you ever train high school teachers (regular ed.)
about Special Education and EMPHASIZE that
accommodations are not optional and they are
required by law?
 Would it be possible for someone from central office to
come out and train out general educators on every
aspect of IEP compliance?
 SURE! DEC Specialists and Consulting Teachers provide
Professional Development at the request of the Principal.
Please express concerns to your administration and
encourage him or her to invite us to present on this topic.
 Do "Accepted Date & Signatures / Initials" need to be
in black or red?
 BLACK ink
 What does a person do about signing IEP face sheet
and initialing all subsequent sheets of the IEP if you
leave the meeting early - after you go over your part of
the IEP and you are not at the end of the meeting
when other team members sign each sheet?
 Team member should sign/initial all pages prior to
leaving/being excused from the IEP team meeting –or–
plan to stay for the ENITRE meeting.
 Concern - Lack of Administrative participation in an IEP
meeting in addition to dismissal of team members prior to end
of meeting means too many signatures left to obtain and it's
 Administrative participation in the entire IEP process has been
strongly encouraged at recent administrative training.
Signatures/initials should be obtained prior to excusing a team
member from the meeting.
 Does the ENTIRE team need to initial every page of the IEP?
What if the entire team is not in attendance for the whole
 Yes. Signatures/initials of the ENTIRE team must be obtained on
every page of the IEP. Team members should not be released prior to
obtaining signatures/initials. If the team member is concerned about
what may occur after his or her departure, team member should stay
for the duration of the meeting. All team members are equally
responsible for the implementation of the IEP.
 Prior to 2/10/12 we have just initialed the first page along
with dating it and crossing out draft. Is this acceptable? If
not, how to we fix it? –
 All procedures prior to 2/10/12 were appropriate up until the
new training was provided. Implementation of compliance
procedures on 2/10/12 are active from that day forward. We
will not be going back to correct IEPs prior to this date.
 Can we send the draft IEP home two days or even one day
in advance? If so, should we call the parent to let them
know this is coming home with child in a sealed envelope?
 DRAFT IEPs can certainly be sent home for preview. Consider
carefully how much of the IEP should be provided in advance
(goals, present levels, etc.). All documents contain confidential
information so strategies should be utilized to inform parents
of arrival and to ensure confidentiality is maintained.
 When we had EasyIEP years ago (before SEAS),
administrators used to have access to EasyIEP. I have
been told by my admins that they do not have access to
EasyIEP. Why do they not have access? They should
be able to review this IEP at any time.
 Administrators do have view-only access to SEAS. He or
she can request access and training by contacting
Margaret Rebman at
 Will there or Are there templates available for staff
 Historically, problems have occurred when releasing
templates of any kind. Many are reproduced and
distributed at meetings even if the information doesn’t
directly apply to the type of meeting held.
 Should teachers have students in Science/SS resource if
they are not TCAP-ALT?
 I heard Sarah say that we are not supposed to have Science
or SS goals. Does that mean we are not supposed to have
Resource Science and Resource Social Studies class for low
functioning students?
 No. Disabilities occur in Reading and Math not Science and
Social Studies. Resource Reading/Math are settings in which
strategies are presented for the students to generalize and
apply to other academic areas. Accommodations are
appropriate for other content areas.
 Keep in mind that resource is a support service. It was never
meant to substitute requirements of general education unless
the student is clearly TCAP-Alt and the general curriculum is
not appropriate.
 Can we have an initial placement without parent
 NO! Initial Placements require parent permission!
 What are some examples of narratives for transition and
prevocational assessment areas?
 MECA: Career Inventory indicated an interest in the areas of
human service, hospitality, tourism and recreation.
 PLAN: Results of the Career Clusters and Career Areas Map
indicate interest in the areas of arts (fashion design) and
social service (community services, personal service).
 Please refer to the SCS Quick Access Transition Guide (orange
 Do we include current receptive/expressive language score
on the PLOP? (CELF scores etc - if they are very recent?)
 Ms. Cathy Henderson, SLP/SLT Supervisor will discuss this in
break-out session.
 Why is the PWN not sent home with the invitation to meeting if it is
prior? Isn't it to inform what the SCS proposes?
 PWN informs the parent in writing of the actions the IEP team is
proposing to implement prior to implementation of the IEP. After the
IEP team meets there are still technically 10 days before that IEP can be
implemented. Most IEP team meetings end in agreement therefore,
those 10 days are rarely interrupted by parent disagreement. The PWN
refers to the 10 day window between when the IEP team met and when
the new changes to the IEP go into effect.
 If a PWN were to be sent home with the invitation, it would appear that
the IEP team had already met and decided what was to occur (predetermination). DON’T DO IT!
 Child is Language Impaired. IEP meeting called to discuss placement
in resource for Reading or Math. Goals are added. Should prior
written notice be completed? Should this be the "norm" for
 ANY changes to the IEP, present levels of performance, placement,
accommodations, etc. MUST have a prior written notice.
 At the top is says Date Sent: _____________. Is this this date of the Notice of
the meeting or the date of the PWN? I have heard both.
 It is the day the meeting is held and the team is proposing or rejecting something.
 The only exception is in the Re-Evaluation packet where it asks for prior written
notice of re-evaluation. That is the ONLY time the PWN refers to the date the
invitation was sent to hold the re-evaluation meeting.
 On PWN for annual placement, do we need to check either proposes/Refuses
 Yes, you are proposing an annual IEP to provide special education services.
 For PWN, when selecting INITIAL EVALUATION, do we select the proposed
change/evaluation/IEP review/Educational Placement
 If you are only obtaining permission to conduct an initial evaluation that is all
you can propose. The team doesn’t know yet if services are needed
 ON the LAST line of the PWN, there are times when you can only put NONE or
N/A. What do we do or put?
 We can't put NONE on PWN under the last question??!!
 Examples of “Other Relevant Factors”
 Student is making good progress in all academic areas.
 Additional accommodations are provided as a result of poor test grades.
 Student will be transitioning to middle school.
 Parent requested IEP meeting.
 Student is Basic/Below Basic on state mandated testing.
 Student has had a recent change in medical history.
At meeting we were told to put "Could have chosen to put in LRE" - that
doesn't sound right! Because you ARE still choosing the LRE, even if it's FS,
etc. Afraid this might cause a bigger problem!
 Even if FS is the LRE for the student and the team agrees to that option,
whether spoken or unspoken, other LRE’s are always considered: Co-Teaching,
General Education with Accommodations, Inclusion, etc.
 How often are they given and when?
 Procedural Safeguards must be given to the parents once per school year
with additional copies provided:
 at IEP meeting for Initial Referral for Testing or when a parent requests
 upon receipt of the first State complaint and upon receipt of the first
due process complaint in a school year (give to the parent by the DEC);
 when a decision is made for a disciplinary action that constitutes a
change of placement;
 upon parent request.
 At the End of the Eligibility Report & IEP, do we
include the case manager name whether the parent is
present or not?
 On blue eligibility, if we've already had the re-
evaluation meeting and just recertified but we signed
as interpreter of Evaluation in both places, how can we
fix this?
 It is OK---leave it alone. You are still the “interpreter of
evaluation” since the re-evaluation packet used to recertify the student is still considered an evaluation.
What if the parent will not fill out paperwork at all?
 There must be extensive documentation regarding attempts to obtain parent input. A phone
interview is an appropriate alternative for obtaining information.
 If parent input cannot be obtained, please document on all lines and on all forms “parent chose not
to provide requested information.”
For a comprehensive re-evaluation, when checking section 3 to determine continues disability and
need for services, does that mean that his or her (the child's) service is discontinued at that point?
 Section 3 is completed by the school psychologist. It is simply a review of all previous formal
assessments that a team can review when considering re-certification or the need for a
comprehensive evaluation.
 If this question is referring to Section 5, the team checks “yes” more information is needed, then the
decision is #3 “A comprehensive evaluation is needed to determine if the student still has a
disability” then:
 Don’t have the meeting so close to the eligibility date that the ER expires before the
comprehensive is completed. -or If there is no question that the student needs services but updated information is needed, then
the team requests additional assessment for PROGRAMMING which will not impact
eligibility. This is NOT a COMPREHENSIVE evaluation.
If a student is due for a re-eval, do the related service specialists require parental consent in order to
complete formal evaluations in order to determine PLOP?
 Present Levels of Performance are usually considered “informal” assessments that can often
include state mandated testing. This type of information DOES NOT require parental consent.
Parent consent must be obtain through the re-evaluation packet if “formal” assessment is
required for programming purposes or re-certification.
 What do I do with testing that does not apply to my students on
Re-Eval sheets?
 Mark on those areas “assessment not age-appropriate”.
 If parent requests his/her child be removed from special
education, do you complete a re-eval packet? Or just have them
submit in writing and document in PWN and minutes?
 A re-evaluation packet is not needed if the parent initiates a
“parental revocation of services”. The parent must supply this in
writing. The IEP team meets, completes the minutes and PWN to
that effect. The parent is not required to attend the IEP meeting.
 Can we drop a child from services without the parent present?
 Be careful with this and consult with your DEC Specialist on EACH
occasion this is being considered. Parents must have all appropriate
notices to be invited and included in the IEP team decision.
Ultimately, the student can be dropped if all procedural safeguards
have been exhausted.
 Went too fast on P.17. When parent does not attend
slide - first bullet is unclear.
 If parent does not attend, mark in the signature line
“parent did not attend”.
 If I go over a PT/OT evaluation at a meeting, do I sign
under “Interpreter of Evaluation Results"? What if
several evals are reviewed - do we share the
block/space to sign, or add another line - handwritten?
 The person sharing the most “results” signs as
“Interpreter”. We just need to make sure that line is not
left blank if evaluations are shared during the meeting.
 Are we supposed to propose or offer Resource Language Arts,
Resource Spelling, and Resource Grammar?
 No. It is either Resource: Language Arts or Resource: Reading at
elementary schools. At 4th, 5th grade, and middle school, the service
becomes Co-Teaching Language Arts. At high school, the service is
Co-Teaching English. Spelling and grammar are embedded within
instruction for these areas.
 In regard to certain kids (ex. OHI) who only have pre-vocational
goals, can we still place them in co-teaching English/Math even
though that's not their area of deficit? What about students
with a diagnosis of emotionally disturbed?
 If the student’s medical condition has adverse effects in reading and
math, then those areas are exceptional and should have present
levels of performance with appropriate goals and objectives and
 Did I understand that if a child needs teacher-made tests
read aloud, then ALL classwork must also be read aloud? I
understand that if they need TCAP read aloud, then their
class/teacher made tests must also be of common practice.
However, does that mean every single class assignment
must be also read aloud? I hope students (especially in the
co-teaching setting) could have opportunities to do at least
formative assessments while attempting to read for
themselves and read aloud only as needed.
 The key word to the read-aloud accommodation is TESTING.
This means that all tests should be read aloud in the
classroom setting in order to justify the use on TCAP.
 If TCAP MAAS is needed, can there still be
accommodations listed such as read aloud?
 Yes. More information will be provided in the break-out
session for Resource & Co-Teachers.
 What's the next step up from TCAP MAAS? TCAP MAAS
w/out Read Aloud? TCAP w/Read Aloud?
 The continuum of state mandated testing from most
restrictive to least restrictive is: TCAP-Alt, TCAP-MAAS,
 Accommodations such as “read-aloud” can be appropriate for
either TCAP MAAS or regular TCAP. The least restrictive is
always testing without any accommodations.
 Where and How do you show a 2nd grader takes
TCAP-ALT? On Easy it is only for 3rd grade and up.
 If the student is in 2nd grade and will enter 3rd grade
during the annual IEP, you can select alternate 1% on
participations tab for TCAP 3-8.
 For a Speech/Language only student - do MAPS teachers
have to sign the review section of the IEP immediately?
 Yes, if there are accommodations specific to those areas. Keep
in mind that the student’s disability does not go away during
certain classes and the IEP contains information that is
relevant to all teachers.
 Best practice is that all teachers always sign the IEP.
 If student comes to your school with a current IEP, do we
need to sign this page to show we reviewed the IEP?
 Yes, even if the IEP is outside Shelby Co. but within the state of
 What about the page that is showing review by
teachers not in attendance? Do LAMPS teachers go
back and sign that page once they start serving that
child? (The following school year, ex. IEP in March
2012 - PE teachers in Fall 2012) –
 YES. If the annual IEP crosses over school years,
semesters, or trimesters and teachers change, the new
teachers must go and sign the IEP once he or she begins
teaching the student.
 Please refer to Professional Development Department
at Central Office for all questions regarding both of
these topics….
Training Plan
Additional Technical
 Principals: February 7th
 HELP Sessions:
 All SPED Personnel:
 Option for Site-Based
February 10th and 20th
 Assistant Principals:
February 14th and 16th
Who Must Test:
•Principal, Assistant Principal (SPED), and all SPED Teachers
When Will Testing Occur:
•Module will be open starting in April
•Teachers must complete prior to leaving for summer
•All others must be completed by July 1, 2012
 Big Tip:
 This is an OPEN BOK TEST. The text of each question tells
you where in the training document to find the information
you need to choose the correct answer the first time.
 We will be sending you the training document once the
module is open and ready for testing.
 Be prepared if deadlines for test administration are
 All directions for logging in will be included with training
 The training document highlights ALL compliance
monitoring indicators.