July 13, 2012
Draft
IEP Requirements and Students with Significant Intellectual Disabilities1
Lou Brown, Professor Emeritus
University of Wisconsin
Uniqueness
A primary purpose for requiring an individualized educational plan (IEP) is to ensure that
a student has reasonable opportunities to benefit from unique educational and related
experiences. As no two individuals with disabilities are the same, no two IEP’S should
be exactly the same. Unfortunately, the uniqueness of a student with disabilities is not
always honored. For example, in one instance the Science component of the IEP reads
like the Math component, which reads like the Language Arts component, which reads
like the ….. This usually means that school officials are using predetermined IEP
generating computer software and adapting very little, if anything, for an individual.
Certainly, a professional can download prepackaged IEP objectives, performance criteria,
measurement strategies, etc. However, those who do so are still responsible for
individualizing for a specific student.
Name of the student ___________________________
Does the IEP of this student contain clear evidence of experiences, services, etc. that are
unique to her/him?
____
Yes
____
No
Students with significant intellectual disabilities” refers to the lowest intellectually functioning 1 - 2% of a
naturally distributed school age population. Most have been ascribed such labels as developmentally
disabled, autistic, multiply handicapped and mentally retarded or their euphemisms.
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____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ This IEP is clearly different from those of other students who are the
responsibility of the Special Education teacher.
____ I observed her/him being instructed and the unique accommodations made for
her/him were obvious.
____
If No, provide the evidence that supports your judgment.
___
Several students who are also the responsibility of this Special Education teacher
have essentially duplicate IEPs.
___
There is little, if anything, in the IEP that is specific to the student.
____ I observed her/him being instructed. I could not determine if unique
accommodations were made for her/him.
____
Intellectual Appropriateness
Instructional objectives must be appropriately matched to the intellectual abilities of a
particular student. For example, in one IEP it was reported that the student was estimated
to be functioning intellectually within the lowest 1 - 2% of the school aged population
and was assigned an IQ score of 47. In the Science component of his IEP it was reported
that he was studying the scientific method, ecology, measurement, bacteria and cells.
Without more information, it seems possible that the skills selected for instruction may
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not have been in his difficulty range. That is, they were too complex and thus he did not
have a reasonable chance of learning them. In order to determine if instructional
objectives are within the intellectual difficulty range of a student, at least the following
information is needed.
Examinations of his/her independently produced work products that clearly
demonstrate she/he is acquiring the skills of concern.
Witness reports of the exact correct responses she/he is making to materials,
questions, etc. being utilized.
Video records or other respected empirical evidence of skills of equivalent
difficulty that he/she has learned or is learning.
Observations of him/her demonstrating the skills being learned without the
influences of a paraprofessional or other persons with vested interests.
Is it reasonable to expect that the student is intellectually capable of learning the skills
necessary to realize the specific objectives reported in her/his IEP?
___
Yes
___
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ Evidence that the student has learned similar skills of equivalent difficulty was
presented.
____ Examinations of his/her independently produced work products clearly
communicate he/she is learning the skills of concern.
____ Witnesses report seeing correct responses she/he is making to the materials,
questions, etc. being utilized.
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____ Video records or other respected empirical evidence of the specific skills of
equivalent difficulty he/she has learned or is learning are in his/her cumulative
portfolio.
____ Observations of him/her demonstrating the skills being learned without the
influences of a paraprofessional or other person with vested interests were made
by his/her parents or others.
____
If No, provide the evidence that supports your judgment.
___
Evidence that the student has learned similar skills of equivalent difficulty was
not available.
____ Examinations of his/her independently produced work products that clearly
demonstrate knowledge of the skills under instruction were not available.
____ Witness reports of seeing the exact correct responses she/he is making to the
materials, questions, etc. utilized were not available.
____ Video records or other respected empirical evidence of specific skills of
equivalent difficulty he/she has learned or is learning are not in his/her portfolio.
____ Observations of him/her demonstrating the skills being taught without the
influences of a paraprofessional or another person with vested interests were not
reported by his/her parents or others.
____
IEP Fidelity
There must be clear and close relationships or high fidelity - between the objectives,
stated in the IEP and the actual instruction being provided.
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Is there a clear and close relationship between the objectives and related services stated in
the IEP and what the student is actually being taught or receiving?
___
Yes
____
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ I read the IEP and observed the instruction she/he is receiving. He/she is being
instructed on the objectives described in the IEP.
____ I read the IEP and observed the related services she/he is receiving. He/she is
receiving the related services described in the IEP
____
If No, provide the evidence that supports your judgment.
____ I read the IEP and observed the instruction she/he is receiving. He/she is not being
instructed on the objectives described in the IEP.
____ I read the IEP and observed the related services she/he is receiving. He/she is not
receiving the related services described in the IEP
____
Curricular Fidelity
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The No child left behind act of 2001(PL 107 - 110), the individuals with disabilities
education act amendments of 1997 (PL 105 - 17), the individuals with disabilities
education improvement act of 2004 (PL 108-446) and the US Department of Education
(2008) required that all students with disabilities have access to grade level general
education academic curricular content and participate in district and state level
accountability assessments. It was also required that students with disabilities be
assessed in the same grade level academic content areas as all other students and that the
assessment strategies utilized “mirror” those used with all other students. One major
purpose for requiring alternative assessments (AA) and alternative achievement standards
(AAS) was to ensure that students with significant intellectual disabilities were included
in district and state level accountability systems. It was hoped that if district and state
level accountability was required, instructional practices, academic achievement and
educational outcomes would improve. Finally, gains in academic achievement were to
be followed by financial and other rewards or sanctions. The absence of demonstrated
gains in academic achievement was supposed to result in the reduction of subsequent
resources (Harr - Robins, et al, 2012).
Requiring that alternative assessment strategies and educational achievement standards
be the same as, or closely “linked” to, grade level academic curricular content was
devastating for students with significant intellectual disabilities. Consider the following.
Jonas, a student with significant intellectual disabilities, was in a high school
English class that was studying idiomatic expressions, the multiple meanings of
words, contained in Steinbeck’s “Of Mice And Men”. The curricular “linkage”
made for him was to try to teach him to match a word card to a picture of a tube
of bologna (the luncheon meat) as well as to a picture of inflated balloons
(Kleinert, Kearns and Kleinert, 2011).
Wakeman et al. (2011) report that a student with significant intellectual
disabilities could be taught such “linked” History content as touching a card with
the word “constitution” printed on it in response to a teacher provided verbal cue
when presented with four cards that contain different words. They also provide
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the “linked” Science example of having a student point to the core and crust on a
topographical model of planet earth.
Ahlgrim-Denzell et al. (2011) consider an acceptable “linkage” as having a
student with significant intellectual disabilities sequence a series of pictures about
the life of Paul Bunyan in chronological order.
Courtade, Taub and Burdge (2011) suggest the “linkage” of having a student with
significant intellectual disabilities in a high school Science class match a picture
of a rock to an actual rock.
Are such skills “linked“ to grade level academic curricular content? Yes. If we were
asked to list 500 of the most important skills we need to teach students with significant
intellectual disabilities, would these skills be on our list? No. In short, our problems are
not the need for alternative assessment strategies and alternative academic achievement
standards, but with those chosen for use. Consider the “linked” grade level academic
skill of teaching a student with significant intellectual disabilities to touch a rock when
presented with a picture of that rock in a high school science classroom reported above.
Were measures of generalization required or taken? No. Where else but in the Science
classroom would the student be required to perform the skill? We cannot think of
another place. How often would he need to practice it so he would not forget it?
Probably many times. Would it matter if a student is rated “Proficient” on these skills?
Would this skill be important in his post school life? No. Is there an alternative that
would yield better returns on scarce and valuable educational resources? Definitely.
Fortunately, each state is allowed to generate alternative assessment strategies and
alternative achievement standards for students who cannot participate meaningfully in
general education assessments, even with accommodations. In addition, students with
disabilities are still legally entitled to IEP’s and individualized school to post school
transition plans that address “additional” or nonacademic needs and skills associated with
their disabilities. Nonacademic refers to needs and skills generally considered functional,
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social, motor, vocational, communication, travel, shopping, personal maintenance,
domestic living, etc. This individualization mandate and the option to create and utilize
alternative assessment strategies and alternative achievement standards afford legal
license to engender reasonable departures from rigid and myopic adherence to confining
instructional content to that appropriate for more intellectually able students. In short, the
achievement portfolio’s of students with significant intellectual disabilities at school exit
should include meaningful grade level academic and many other kinds of skills that allow
them to live, work and play in integrated society. Their education is too important to be
reduced or confined to the grade level academic curricular content appropriate for much
more intellectually able students.
Are there reasonable relationships - Fidelity - between grade level academic curricular
content and the actual instructional content to which the student is exposed?
___
Yes
____
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ I examined the IEP of the student. He/she is supposed to be instructed on the
grade level academic curricular content he would be experiencing if not disabled.
____ I observed the student in her/his classrooms. He/she is being instructed on the
grade level academic curricular content he/she would be experiencing if not
disabled.
____ Her/his teachers have working knowledge of relevant grade level academic
curricular content.
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____ The student is being educated in integrated chronological age appropriate
classrooms and classes. All who interact with him/her know how to modify grade
level academic curricular content for her/him appropriately.
____
If No, provide the evidence that supports your judgment.
____ I examined her/his IEP. He/she is not being instructed on the grade level
academic curricular content he would be experiencing if not disabled.
____ I observed the student in her/his classrooms. He/she is not being instructed on the
grade level academic curricular content he/she would be experiencing if not
disabled.
____ Her/his teachers do not have working knowledge of relevant grade level academic
curricular content.
____ The student is being educated segregated classrooms and classes. It is quite
doubtful that those who interact with him/her know how to modify grade level
academic curricular content for her/him appropriately.
____
Report the percentage of the curriculum offered the student that is grade level
academic content.
____
0 - 10%
____
10 - 20%
____
20 - 30%
____
30 - 40%
____
40 - 50%
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____
Empirical Validation
If instructional objectives are clearly stated, evidence of progress toward their realization
can be empirically validated. That is, evidence of progress toward their realization, or the
lack thereof, can be seen, heard, touched, felt, tasted, smelled or otherwise sensed. If
instructional objectives are not clearly stated, it is extremely difficult or even impossible
to empirically validate progress toward their realization or the lack thereof.
Are the IEP objectives established for the student sufficiently clear so they can be
validated empirically?
____
Yes
____
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ I studied the objectives stated in the IEP and I clearly understand the specific
skills the student is supposed to be taught.
____ I observed the student receiving instruction. I have a clear understanding of the
skills she/he is being taught.
____
If No, provide the evidence that supports your judgment.
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___
I studied the objectives stated in the IEP. I do not have a clear understanding of
the specific skills the student is supposed to be taught. More precise descriptions
are needed.
____ I observed the student receiving instruction. I do not have a clear understanding
of the skills she/he is being taught.
____ The teacher could not tell me the specific skills the student was being taught.
____
Performance Criteria
Reasonable professional practice requires that individually appropriate and professionally
defensible performance criteria be established for each instructional objective.
Conversely, it is untenable to operate from the premise that one performance criterion
will suffice for many instructional objectives. If objectives are stated clearly, usually
professionally defensible performance criteria can be established. For example, Susan
will stop her electric wheelchair at the curb in front of her house in the presence of real
traffic 100% of the time. If objectives are not stated clearly, it is extremely difficult to
establish professionally defensible performance criteria. For example, “Jose will
sequence a series of events with 70% accuracy.” What if the series of events included
driving a car, changing the diaper of a baby, hitting a baseball safely in a real game,
purchasing that which is on a ten component grocery list, refilling toilet paper dispensers
at a worksite, getting dressed for school or taking a shower? Would 70% accuracy be
reasonable and acceptable for each? Of course not. Finally, if an objective is essentially
meaningless or of little importance, the performance criteria established for it are also
meaningless or unimportant. Selecting instructional objectives that are meaningless or
unimportant is unacceptable.
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Are the performance criteria established for each objective under instruction clearly
stated and professionally defensible?
____
Yes
____
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ I read the performance criteria reported in the IEP. They are clearly stated and
individually appropriate for each objective.
____ I read the IEP and observed the instruction and related services being provided.
The performance criteria being sought are appropriate for each objective.
____
If No, provide the evidence that supports your judgment.
____ I read the performance criteria reported in the IEP. They are not clearly stated.
____ I read the performance criteria reported in the IEP. They are not individually
appropriate for specific objectives.
____ I observed the student receiving instruction and related services. It is not clear
what is required in order for the teacher/ therapist to claim a skill under
instruction has been learned.
____
Evaluation Procedures
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Most, if not all, IEP generating strategies require the specification of short term
objectives, the establishment of individually appropriate performance criteria and
evaluation procedures that can be used to empirically validate progress toward the
realization of the actual objectives selected for instruction or the lack thereof. In each
subject area and therapy, the responses the student is learning, the work products
produced and other clear evidence of progress or the lack thereof must be empirically
verified.
Are empirical records of the specific skills the student has learned in the past one month,
six months and one year available?
____
Yes
____
No
____
I cannot determine from information available.
If Yes, report the evidence that supports your judgment.
____ The objectives are clearly stated and the teacher/therapist is making weekly and
monthly video records of her/his acquisition/performance
____ The objectives are clear and the teacher/therapist is making daily or session by
session written records of his/her progress or the lack thereof.
____ When the teacher/therapist judges that he/she has learned a particular skill, a
parent or a neutral other person is asked to verify successful acquisition/
performance.
____ He/she is evaluated daily and weekly. Thus, if a teaching strategy is not working,
corrections can be designed and implemented before too much time is wasted.
If No, provide the evidence that supports your judgment.
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____ The teacher/therapist is not making weekly and monthly video records of her/his
acquisition/performance
____ The teacher/therapist is not making daily or session by session written records of
his/her acquisition or the lack thereof.
____ When the teacher/therapist judges that he/she has learned a particular skill, a
parent or a neutral other person is not asked to verify successful performance.
____ Too much time passes before her/his progress is evaluated. Changes that might
improve acquisition could be made sooner.
____
Are the strategies being used to record the progress of the student toward realizing the
objectives in his/her IEP acceptable?
____ Yes
____ No
____ I cannot determine from information available
If Yes, report why.
____
The student has been seen using the skills learned in other subjects or
areas of instruction.
___
Video records of progress are being made.
___
Appropriate data sheets are being used to record acquisition or the lack
thereof.
___
The student is demonstrating the skills learned to others.
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___
The student is performing the skills in noninstructional or in nonschool
settings and activities.
___
Parents visited the school and reported seeing evidence of progress.
___
If No, report why not.
____
The student is not using the skills learned in other subjects or areas of
instruction.
___
Video records of progress are not being made.
___
Appropriate data sheets are not being used to record acquisition or the lack
thereof.
___
The student is not demonstrating the skills learned to others.
___
The student is not performing the skills in noninstructional or in nonschool
settings and activities.
___
Parents visited the school but could not report evidence progress.
___
Please report other relevant IEP information below.
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