Notes taken at the Special Education Law Conference, shared by Rich Staley. These were the notes I shared at today's meeting. Thanks, RS Avoiding Procedural Pitfalls in the IEP Process 9/27/11 Legal Framework -Roweley Case Estalbished 2-part test for FAPE Was the IEP resonably calculated to provide some education benefit? Did the district comply with the IDEA's procedural requirements? Both parts are equal -Assessment --> 15 days to resound with an assessment plan or deny it. -15 days to agree or not agree to the plan? -60 days to assess Determination of Eligibility -Does the child require special Education Present Levels of Academic Achievement and Functional Performance Areas of Educaitonal need (from Assessment) Goals developed Goals Drive Placement Consider related services Implications for FAPE Top Ten Procdural Errors 1) Missing important assessment information Adequete assessment information is key, foundational All areas related to suspected disability Variety of sources Includes consideration of independent assessments Set yourself up as the expert! Be organized and have your stuff ready! 2) No Placement Offer Make sure this is in writing (IEP) Be specific about time and place of offer 3) More than one placement offer Expertise on placement is a denial of FAPE What is the LRE for that student is our job! We get to make ONE offer 4) Absence of Key IEP Team Members Have the right people there Use excusal with caution 5) Inadequate Transition Planning Need to take more time to spend on it Need to have a clear plan for each student 6) No Review of Prior Goals Make sure you review last year's goals 7) Needs without Goals Make sure you write a goal for each need area 8) Unclear Service Levels Be clear in your offer of services i.e. time, type, how given? 9) Extended Year Services Not specified Not enough Not offered 10) Predetermination/Lack of Parent Participation Lack of parent participation Be open to all ideas -- solicit parent input to make the best decision for students Rich Staley Director of Teaching and Learning Tenino School District 360-264-3400 staleyr@tenino.k12.wa.us <br />